Professional Documents
Culture Documents
Cdi 181 Pages
Cdi 181 Pages
start a fire and how to make use of it. Yet, today, man has had fire
Introduction: as:
The development of methods and tools for using and source of warmth and light
controlling fire was critical in human evolution and is believed to have protection against enemies
allowed early humans to spread northward from the warm climate of cause chemical changes to foodstuffs to suit man’s body
either origin into the more severe environment of Europe and Asia. structure
The evidence of early fire use is often ambiguous because of the provides processes for modifying chemicals into
difficulty in determining whether the archeological evidence is the medicines
result of accidental fire or its deliberate use. Such evidence include provides heat to convert wood, metals, and bones into
finds of occupation sites with fired or baked soils, bones or stones domestic tools or instruments for aggression
that have been changed through the application of heat, and areas While the application of fire has served man’s needs its careless and
containing thick layers of ash and charcoal that might have hearth wanton use exact an enormous and dreadful toll from society in life
structures. and property. Hence, man’s understanding of fire would enable him
The earliest finds, in Kenya and Ethiopia, date from about to develop the technology of prevention and control to a considerable
1.5 million years ago. Less equivocal evidence exists for deliberate advance state (Abis).
fire use in the Paleolithic period, beginning about 500,000 years ago.
Neolithic sites have yielded objects that may have been used in fire, WHAT IS FIRE?
making drill for producing friction, heat in wood and flints for striking Fire is the manifestation of rapid chemical reaction occurring
sparks from iron pyrites. between fuel and an oxidizer- typically the oxygen in the air. Such
In legend and religion, fire is common thing. For example, in rapid chemical reaction releases energy in the form of heat and light.
Persian literature fire was discovered during a fight of a hero with a Fire is heat and light resulting from the rapid combination of
dragon. A stone that the hero used as a weapon missed the monster oxygen, or in some cases gaseous chlorine, with other materials.
and struck a rock. Light shone forth and human beings saw fire for The light is in the form of a flame, which is composed of glowing
the first time. In Greek mythology, Prometheus was bestowed with particles of the burning material and certain gaseous products that
god like powers when he stole the god’s fire to give it to humanity. are luminous at the temperature of the burning material.
Fire has also played a central role in religion. It has been used as a
god and recognized as a symbol of home and family in many THE START OF FIRE
cultures. Fire has also been a symbol of purification and of All matters exist of one of the three states – solid, liquid and
immortality and renewal, hence the lighting of flames of gas (vapor). The atoms or molecules of a solid are packed closely
remembrance. The Temple of Vesta in Rome was an outstanding together, and that of a liquid is packed loosely, the molecules of a
example of the importance of fire to the Romans. Vesta was vapor are not packed together at all, they are free to move about. In
originally the goddess of the fire and her shrine was in every home. order for a substance to oxidize, its molecules must be pretty well
We can only guess that pre-historic people may have gained surrounded by oxygen molecules. The molecules of solids or liquids
knowledge of fire from observing things in nature. So the origin of fire are too tightly packed to be surrounded. Thus, only vapors can burn.
before the dawn of civilization may be traced to an erupting volcano, However, when a solid or a liquid is heated, its molecules
or a forest fire, started by lighting. No one really knows where on the move about rapidly. If enough heat is applied, some molecules break
away from the surface to form a vapor just above the substance. changed to its vapor state. In a fire situation, this change usually
This vapor can now mixed with oxygen. If there is enough heat to results from the initial application of heat. The process is known as
raise the vapor to its ignition temperature (temperature needed to PYROLYSIS.
burn), and if there is enough oxygen present, the vapor will oxidize
rapidly – it will start to burn. Pyrolysis (also known as thermal decomposition) is defined
The start of burning is the start of a Chain Reaction (the as the “chemical decomposition of matter through the action of heat”.
burning process). Vapor from heated fuel rises, mixes with air and In this case, the decomposition causes a change from a solid state to
burns. It produces enough heat to release more vapor and to draw in vapor state. If the vapor mixes sufficiently with air and heated to high
air to burn that vapor. As more vapor burns, flame production temperature, combustion results.
increases. More heat is produced, more vapor released, more air The combustion process is better represented by the fire
drawn into the flames and more vapor burns, the chain reaction tetrahedron.
keeps increasing – the size of the fire increases until fuel is
consumed.
The Fire Tetrahedron
CHEMISTRY OF FIRE
Obviously, three things are required for combustion or fire:
FUEL (Combustible materials to vaporize and burn), OXYGEN Oxygen Heat
(Oxygen in air is the common oxidizing agent, to combine with fuel
vapor, air contains 28% O, 78 N, 1% inert gas), and HEAT (to raise
the temperature of the fuel vapor to its ignition temperature). The
combinations of these three elements form the so-called Fire
Triangle.
The Fire Triangle
What are basic lines of inquiry in Arson Investigation? Persons with Motives
The arson investigator must have to inquire on the following a. Those with desire to defraud the Insurer
a) point of origin of fire b) motives of arsonist c) prime suspects d) b. Employees or such other person who have a
the telltale signs of arson. grievance (Fire revenge)
c. Those with desire to conceal evidence of a
1. Point of origin of fire crime
Initially, the important point to be established is the point of origin d. Those who set fire for purposes of intimidation
of fire. In other words, at what particular place in the building the fire
started? This may be established by an examination of the witness, People without motives
by an inspection of the debris at the fire scene and by studying the a. Those who are mentally ill
fingerprint of fire. The fingerprint of fire occurs during the free burning b. Pathological fire-setters
stage of the fire when pyrolytic decomposition moves upward on the c. Pyros and the Psychos
walls leaving a bunt pattern.
Motives of Arsonist
Witnesses must be questioned as to: 1. Economic Gain
1. His identity a. Insurance fraud – benefiting
2. What attracted his attention b. Desire to dispose merchandise – lost of
3. Time of observation market value being out of season, lack of raw
4. His position in relation to the fire at the time of materials, over supply of merchandise can be a big
observation reason for arson.
5. Exact location of the blaze c. Existing business transaction that the
6. Size and intensity arsonist would like to avoid such as impending
7. Rapidity of spread liquidation, settlement of estate, need for cash,
8. Color of flame and odor if he is in a position this prospective business failure, and increase
9. Any other person in the vicinity beside the witness rentals
d. Profit by the Perpetrator other than the
Note fire setting mechanism Assured like insurance agents wishing business with
1. matches the assured, business competitors planning to drive
2. candles others, person seeking job as personnel protection,
salvagers and contractors wishing to contact another 2. Background study of policyholders, occupants of
building premises, owner of building or other person having
2. Concealment of Crime - When the purpose of hiding a major interest in the fire.
crime or committing a crime, arson was used as means. 3. Interviews and interrogations of persons who discovered
3. Punitive Measure - Committing arson to inflict injury to the fire, and the one who turned the first alarm, firemen,
another due to hatred, jealousy and revenge. and eyewitnesses.
4. Intimidation or Economic Disabling - Arsonist as 4. Surveillance
saboteurs, strikers and racketeers to intimidate
management or employer. 4. The Tell Tale Signs of Arson
5. Pyromania These signs maybe obvious that the first fireman at the
A pyromaniac having the uncontrollable impulse to scene will suspects arson or they maybe so well concealed that
burn anything without any motivation. They do not run away moths of patient investigation to show that it is set off will be
from the fire scene since they love watching fire burning. required.
Types of Pyromania 1. Burned Building – the type of the building may indicate a
a. Abnormal Youth – epileptics, imbeciles and set fire under certain circumstance. A fire of
morons considerable size at the time the first apparatus arrive at
b. Hero Type – a person set a building on fire and the scene is suspicious if it is a modern concrete or
pretends to discover it, turn on the alarm or make semi-concrete building.
some rescue works to appear as “hero” 2. Separate fires – when two or more separate fire breaks
c. Drug addicts and alcoholics out within a building. The fire is certainly suspicious.
d. Sexual deviates and perverts. 3. Color of Smoke – some fire burn with little or no smoke
but they are exception. The observation of the smoke
3. Prime Suspects (and the Prima Facie Evidences) must be made at the start of the fire since once the fire
The development of prime suspects - this involves has assumed a major proportion, the value of the smoke
identification results from the full development of leads, clues and is lost, because the smoke will not indicate the material
traces, the testimony particularly eyewitnesses and the development used by the arsonist
of expert testimony, The following technique may serve the a.) When white smoke appears before the water
investigation: from the fire hose comes in contact with the fire,
it indicates humid material burning. Example –
1. Search of the fire scene for physical evidence: burning hay, vegetable materials, phosphorus
a. Protection of the scene (with garlic odor).
b. Mechanics of search b.) Biting smoke, irritating the nose and throat and
c. Collection and preservation of causing lacrymation and coughing indicates
evidences presence of chlorine.
d. Laboratory aids
c.) Black smoke indicates lack of air if accompanied after an examination of the material burned the building
by large flames it indicates petroleum products and the normal ventilation offered of the fire. The time
and rubber. element and the degree of headway by the flames
d.) Reddish-brown smoke indicates nitrocellulose, become important factors to determine factors to
S1, H2, S04, HN03, or HCI. determine possible incendiarism.
e.) Meaning of color of Smoke and Fire: 12. Direction of Travel – While it is admitted that no two fires
Black smoke with deep red flame – burn in identical fashion, yet it can be shown that fire
petroleum products, tar, rubber, plastics, etc. makes normal progress through various types of building
Heavy brown with bright red flame – materials, combustibility of contents, channel of
nitrogen products ventilation and circumstances surrounding the sending
White smoke with bright flame – magnesium of alarm, an experienced investigator can determine
products whether a fire spread abnormally fast.
Black smoke with red and blue green flame 13. Intensity – The degree of heat given off by a fire and the
– asphalt color of its flame oftentimes indicate that some
Purple-violet flame – potassium products accelerant has been added to the material normally
Greenish-yellow flame – Chloride or present in a building and the investigator must look for
Manganese products further evidence pointing to use of such accelerant.
Difficulty in extinguishing the fire is often a lead to
Bright reddish yellow flame – Calcium
suspect presence of such fluid as gasoline and
products
kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and
8. Color of flame – The color of the flame is a good
other inflammable liquids which are often used as
indication of the intensity of the fire, an important factor
accelerant is characteristics and oftentimes arsonist are
in determining incendiarism.
trapped because of this telltale sign. Most of fire –
9. Amount of Heat – A reddish glow indicates heat of 5000
setters are inclined to use substance which will make the
degrees centigrade, a real bright read about 100
blaze certain and at the same time burn up any evidence
degrees centigrade. Red flames indicate of petroleum.
of their crime.
Blue flame indicates use of alcohol as accelerant.
15. Condition of Content – Persons tending to set their
10. Smoke Marks – An experience investigation will
house on fire frequently remove objects of value either
determine the volume of smoke involved at a fire and the
materially or sentimentally. Store and other business
character as residue deposited on walls or elsewhere.
establishments oftentimes remove a major portion of
Smoke in marks have often been of assistance in
their content or replace valuable merchandise without of
determining the possibility of a fire having more than one
style articles.
place of origin.
11. Size of Fire – This is important when correlated with the
type of alarm, the time received and the time of arrival of FUNDAMENTALS OF CRIMINAL INVESTIGATION
the first fire apparatus. Fires make what might be termed
a normal progress. Such progress can be estimated
BASIC CONCEPTS 4. To assist the state in prosecuting the party charged with the
offense.
Criminal Investigation- is an art that deals with the identity and Job of the Criminal Investigator
location of the offender and prove his guilt in a criminal proceeding.
1. Discover whether or not an offense has been committed under
Criminal Investigation- it is the systematic method of inquiry that is the law.
more a science than an art. The logic of scientific method must 2. After determining what specific offense has been committed, he
however, be supplemented by the investigator's initiative and must discover how, when, where, why, what offense was
resourcefulness. The sequences of the investigation should be committed.
regarded by scientific, operating framework that requires improvising Methods of Identifications of Criminals
on the part of the investigator.
Criminal Investigation is an Art – based on intuition, felicity of Criminal are identified thru the following:
inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities 1. Confession and Admission
2. Statement of witnesses
Investigator- is the person who is charged with the duty of carrying out 3. Circumstantial Evidence
the objectives of criminal investigation. He is an individual who 4. Associative Evidence
gathers documents and evaluates facts about crime
A. Confession- this is an expressed acknowledgement by the
Special Crime Investigation- deals with the study of major crimes accused in criminal cases of the truth of his guilt as to the crime
based on the application of special investigative techniques. It is also charged or of some of the essential part there of. There is no implied
the study concentrates more on physical evidence; it’s collection, confession for it is positive and direct acknowledgement of guilt. It is
handling, identification and preservation in coordination with the the best means of identifying criminal.
various criminalists in the crime laboratory. Special crime investigation
involves close relationship between the investigator in the field and Rules in Confession
the investigator in the laboratory- the Criminalist. a. Confession need not to be in writing
b. Confession may be written in a language which the accused does
Duty of Criminal Investigator not speak
1. Establish that, in fact, a crime was committed under the law. c. Confession must be freely and voluntarily made
2. Identify and apprehend the suspect.
3. To recover stolen property.
Voluntarily – means that the accused speak of his free will and 4. Artist Assistance or composite sketches- drawing or sketching the
accord, without inducement of any kind and with the full and complete description of a person’s face by the cartographer
knowledge of the nature and consequences of the confession. 5. Police line-up- selecting the suspect from a group of innocent
persons to eliminate the power of suggestions as factor of
Freely- when the speaking is so free from the influence affecting the identification
will of the accused at the same time the confession was made.
Cartography- the art of sketching the image of a person or the art of
Requirement for confession as proof of guilt making map
1. Other corroborative evidence must support it.
2. Corpus delicti- must be established separately (the actual Bases of the eyewitness in the identification of criminal
commission of the crime charged. It refers to a particular crime
and signifies that specific offense had been actually committed by 1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth,
someone being composed of two elements: that certain results lips, teeth, chin, jaw, etc.
were produced, that someone is criminally responsible 2. Neck- shape, length, Adam’s apple
3. Confession must be made voluntarily. 3. Shoulder- width and shape
4. Waist- size, shape of the abdomen
B. By EYE-WITNESS TESTIMONY- description made by eyewitness 5. Hands- length, size, hair, condition of the palms
Value of identification by eyewitness testimony depends on the 6. Fingers- length, thickness, stains, shape of nails and condition
following: (credibility-bringing honor) 7. Any deformities (cross eyed, limping and etc.)
1. the ability of the eyewitness testimony to observe and remember 8. Teeth-
the relative “distinctiveness” of the accused appearance 9. Gait
2. The prevailing conditions, visibility and observation
3. The lapse of time between the criminal event and identification Bases of Physical Description of Physical Appearance
1. Mug Shot
Methods of Identification made by eyewitness 2. Artist Drawing
1. Verbal Description- portrait parley vividly describing in words the 3. Composite Sketches
appearance of a person by comparing and thru personal 4. Verbal description or Portrait Parley
appearance.
2. Photographic files (rogues gallery) HISTORICAL FEATURES IN CRIMINAL INVESTIGATION
3. General photograph- files of photograph in any given The art and science of Criminal Investigation that exist today
establishment. 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. 1800, LONDON: - PATRICK COLQUHOUN A prominent London
president who proposed the unique idea of creating sizeable
WORLDWIDE DEVELOPMENT uniformed force to police the city of London in order to remedy the
1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then public outcry concerning the alarming increase of criminality during
a brothel operator; a master criminal who became London’s most the early 1800s. His proposal was considered too radical and was
effective criminal investigator. He was the most famous THIEF- dismissed by the Royal Court.
CATCHER in 1720s. His methods or techniques made popular the
logic of EMPLOYING A THIEF TO CATCH A THIEF. He conceived 1811, FRANCE: - EUGENE ‘Francois” VIDOCQ He was a criminal
the idea of charging a fee for locating and returning stolen property to who turned Paris Investigator. He is a former convict who became a
its rightful owners. notorious thief-catcher in France. He is credited as the founder of LA
SURETE, France’s national detective organization. He made popular
1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a the concept of “SET A THIEF TO CATCH A THIEF”. He introduced
novel entitled “Tom Jones” and was appointed as magistrate (sheriff) the concept of ‘TRADE PROTECTION SOCIETY’, which is a
for the areas of Westminster and Middle Age, London. He was the forerunner of our present-day credit card system. For a fee, any
creator of the BOW STREET RUNNERS while he was the magistrate; owner of a shop or business establishment could obtain particulars
he formed a group of police officers attached to the Bow Street Court, concerning the financial solvency of new customers. He created a
and not in uniform, performing criminal investigative functions. squad of ex-convicts to aid the Paris police in crime investigation.
1753, ENGLAND: - SIR JOHN FIELDING The younger brother of 1829, LONDON: - SIR ROBERT PEELS The founder and chief
Henry Fielding who took over the control of Bow Street Court in 1753. organizer of the London Metropolitan Police – the SCOTLAND YARD.
His investigators were then called Bow Street Runners and became He reiterated the idea of creating sizeable police force in his
quite effective because of his personal guidance despite the fact that recommendations, which lead to the passage of the Metropolitan
he was blind. He introduced the practice of developing paid Police Act. This act had a tremendous impact on the history of
informants, printing wanted notices, employing criminal raids, and criminal justice in general, and on the development of criminal
bearing firearms and handcuffs. investigation specifically. He introduced the techniques of detecting
crimes such as: detectives concealing themselves, and secretly
1759, USA: The US CONGRESS created the office of the GENERAL photographing and recording conversations.
AND REVENUE CUTTER SERVICE. This is the first organized
federal law enforcement and investigative effort made by the US 1833, ENGLAND: The Scotland Yard employed the first undercover
government. officer while in
1856, USA: - KATE WAYNE: The first woman detective in the history
USA: First daytime paid police department was established in of criminal investigation, hired by the Pinkerton Agency.
Philadelphia, USA.
1859, USA: Appellate courts recognized/accepted photographs as
1835, USA: TEXAS RANGERS was organized as the first law admissible evidences when they are relevant and properly verified.
enforcement agency with statewide investigative authority, the
forerunner of the Federal Bureau of Investigation. 1865, USA: US SECRET SERVICE was founded to investigate
counterfeiting activity in post-civil war America.
1839: - The birth year of Photography. WILLIAM HENRY FOX
TALBOT explained a photographic process he had invented to the 1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of
Royal Society of London. Detectives introduced the MODUS OPERANDI FILE.
JACQUES MANDE DAGUERRE gave a public demonstration in Paris 1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the
of his discovery - a photographic process he developed in first bank hold-up which mark the beginning of the gang’s 15-year
collaboration with NICEPHORE NIEPCE. hold-up and robbery spree (12 bank hold-ups and 12 train stage
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, coach robberies in 11 states). Clay County Savings Association was
which is a forerunner to the Criminal Investigation Division of Scotland their first victim and their take was $ 60,000.00.
Yard.
1877, ENGLAND: - HOWARD VINCENT: Headed the newly
1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland
is employed in the first time. Yard.
1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK 1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk
HOUSE, he introduced the term DETECTIVE to the English language. who introduced and established the first systematic identification
system based on ANTHROPOMETRICAL SIGNALMENT (or
1852, USA: - ALLAN PINKERTON - America’s most famous private Anthropometry) he is considered as the FOUNDER OF CRIMINAL
investigator and founder of Criminal Investigation in USA. He IDENTIFICATION.
established the practice of handwriting examination in American
courts and promoted a plan to centralize criminal identification 1884, CHICAGO, USA: The Chicago Police Department established
records. the first American Criminal Identification Bureau.
1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific
Criminal Investigation by creating the fictional detective SHERLOCK 1965, USA: Office of Law Enforcement Assistance (forerunner of the
HOLMES and his friend Dr. WATSON. Holmes was featured in 6 Law Enforcement Assistance Administration – LEAA) was established
short stories and 4 novels. to fund and coordinate administration, research and training in
criminal justice.
1892, ENGLAND: - FRANCIS GALTON: An Englishman who
published his study on classifying fingerprints. While other scientists 1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US
were studying fingerprints in their biological nature, Galton recognized Supreme Court established procedural guidelines for taking criminal
their uniqueness and potentiality/significance in criminal identification. confessions.
1893, GERMANY: - HANS GROSS: An Englishman who published a DEVELOPMENT IN THE PHILIPPINE SETTING
handbook for Examining Magistrates in Munich, Germany and
advocated the use of scientific methods in criminal investigation 1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the
process. purpose of carrying out the policies or regulations of the Spanish
government. The members were armed and considered as the
1948, ABERDEEN, SCOTLAND: A new concept was introduced in mounted police. Later, they discharge the duties of a part, harbor, and
the field of criminal investigation. This is known as TEAM POLICING. a river police.
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 1836. GUARDRILLEROS: A body of rural police organized in each
investigate all criminal matters within their area of jurisdiction or town, which was established by the Royal Decree of January 8, 1836.
district. Team policing required that police officers who respond to a This police force was composed of 5% of the able-bodied inhabitants
call regarding a criminal case should investigate the case to its in each town or province, and each member will serve for at least 3
conclusion. years.
1954,USA: - Dr. PAUL KIRK: Best known American criminalist who 1852. GUARDIA CIVIL: An organization created by the Royal Decree
headed the Department of Criminalistics as the University of issued by the Spanish Crown Government on February 12, 1852. It
California, USA. relieved the Spanish Peninsular Troops of their works in policing
towns. It consisted of a body of Filipino policemen organized originally
1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled in each of the provincial capitals of the Central provinces of Luzon
the illegally obtained evidence is inadmissible in state criminal under the command of Alcalde (Governor).
prosecutions.
NOV. 30, 1980. INSULAR POLICE FORCE: Established during the AUG. 8, 1975. PD#765: The law which stipulated that the office of the
Filipino-American War (1898-1901) upon the recommendation of the NAPOLCOM was under the office of the Ministry of the National
American Commission to the Secretary of War. Defense. It defined also the relationship between the Integrated
National Police and the Philippine Constabulary. This is in compliance
JULY 18, 1901. ACT # 175: The act establishing the Insular Police with the provisions of Section 12, Article 15 of the 1973 Philippine
Force which was titled as “AN ACT PROVIDING FOR THE Constitution.
ORGANIZATION AND GOVERNMENT OF AN INSULAR
CONSTABULARY”. The organic act creating the Philippine 1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law
Constabulary. provides that:” In all criminal prosecutors, the accused shall…. Enjoy
the right to be heard by himself and counsel……”. Criminal
OCT. 3, 1901. ACT # 255: The law which established the Philippine prosecution was however interpreted by the court in US vs.
Constabulary Beechman (25 Phil 25,1972) to mean the proceeding at the trial court
from arraignment to rendition of judgment.
REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law
stated that the Philippine Constabulary is a national Police Institution 1973 PHILIPPINE CONSTITUTION, Article III, Section 20
for preserving the peace, keeping the order and enforcing the law. 1712
“No person shall be compelled to be a witness against
SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. himself. Any person under investigation for the commission of an
Teudolo Natividad): The law otherwise known as the POLICE ACT offense shall have the right to remain silent and to counsel, and to be
OF 1966, It created the Office of the Police Commission which was informed of such right. No force, violence, threat, intimidation nor any
later called National Police Commission (NAPOLCOM). In its means, which vitiate the free will, shall be used against him. Any
inception, the Police Commission was under the Office of the confession obtained in the violation of this section shall be
President. It was created as the supervisory agency to oversee the inadmissible as evidence.
training and professionalization of the local police forces. Through this
law, reformation and professionalization of the police service gained The warning of the right to remain silent must be
official recognition. 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 capacity to a civilian position in the Government including government
26,1983; SCRA 538) owned or controlled corporation, or any of their subsidiaries.”
The ruling in this case makes it clear that the MIRANDA Article XVI, Section 6 - “The State establish and maintain one police
WARNING as it is generally called have to be made so that a force, which shall be national in scope and civilian in character, to be
confession can be admitted. Therefore, while upon police custody for administered and controlled by a National Police Commission. The
investigation, the accused must be appraised of his: authority of local executives over the police units in their jurisdiction
1. Right to remain silent with explanation that anything shall be provided by law.”
that he might say maybe used against him in the
court of the law; 1990, RA 6975 - DILG ACT, Philippine National Police (PNP)
2. Right to talk to a lawyer, a relative, or a friend, and together with BFP and BJMP organization
have a lawyer ready and a friend present while he is
being questioned; and 1998, RA 8551 – PNP Reform and Reorganization Act
3. Right to the appointment of a lawyer if he cannot
afford one.
GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION
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 In the performance of his duties, the investigator must seek to
with assistance of a counsel. establish the six (6) cardinal points of investigation, namely: what
specific offense has been committed; how the offense was
1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - “Any committed; who committed it; where the offense was committed;
person under investigation for the commission of an offense shall when it was committed; and why it was committed.
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 Phases of Criminal Investigation
the person cannot afford the services of a counsel, he must be a) Preliminary Investigation - identify the criminal through
provided with one. These rights cannot be waived except in writing confession; eyewitness testimony; circumstantial evidence;
and in the presence of a counsel. and associate evidence
b) Follow Up Investigation - trace and locate the criminal; and
Article XVI, Section 5(4) - “No member of the armed forces in the c) Final Investigation - proved by evidence the guilt of the
active services shall, at any time, be appointed for designated in any suspect/s.
In proving the guilt of the accused in court, the fact of the Overt Intelligence – is the gathering of information or documents
existence of the crime must be established; the defendant must procured openly without regard as to whether the subject or target
be identified and associated with the crime scene; competent and become knowledgeable of the purpose
credible witnesses must be available; and the physical evidence Open Sources: Includes information taken from
must be appropriately identified. The proof of guilt will depend on Enemy activity – POW – Civilians - Captured documents
the establishment of the essential elements of the crime. The Map - Weather, forecast, studies, report - Agencies
investigator must know by heart the elements of a specific crime. Covert Intelligence – is the secret procurement of information, which
is obtained without the knowledge of the person or persons
Tools of an Investigator in Gathering Facts safeguarding vital intelligence interest.
a) Information – Data gathered by an investigator from other Close Sources: are information usually taken through:
persons including the victim himself and from Public records; Surveillance
Private records; and Modus Operandi file. Casing
b) Interrogation and Interview – Questioning of witnesses, Elicitation
suspects, and offended parties. Surreptitious entry
c) Instrumentation – Scientific examination of real evidence, Employment of technical means (Bugging and Tapping
application of instrument and methods of the physical device)
sciences in detecting crime. Tactical Interrogation
INFORMATION Observation and Description
All evaluated materials of every description including those Other sources of Information: Overt and Covert
derived fro observation, reports, rumors, imagery, and other sources Routine patrol and Criminal investigation
from which intelligence in produced. Use of informants and Interrogations
Information is a communicated knowledge by others obtaining Search and seizures and Cordon and scratch
by personal study, investigation, research, analysis, observation. The Checkpoints and Police public relations activities
use of modern gadgets in intelligence and other things and material Coordination with law enforcement agencies
that possess or contain a desire information or knowledge. Inmates of various city jails, national penitentiary, military
stockade.
Two General classifications of sources of information: Statistics
1. Open Sources – 99% of the info collected are coming
from open sources. Persons as sources of Information
2. Close Sources – 1% of info from close sources. 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 1. Incidental Informant – a person who casually imparts
information information to an officer with no intention of providing
Informants (Asset) – people selected as sources of subsequent information
information, which could be voluntary, or in consideration of a price. 2. Recruited Informant – A person who is selected cultivated
Informant – refers to a person who gives information to and developed into a continuous source of info
the police voluntarily or involuntarily with out any
consideration Categories of Recruited Informants:
Informer – those who give information to the police for 1. Spontaneous or Automatic Informant – Informants who by
price or reward the nature of their work or position in society have a
certain legal, moral or ethical responsibilities to report info
Types of Informants to the police
1. Criminal Informant – an informant who give information to 2. Ordinary run of he Mill Informants – Informants that are
the police pertaining to the underworld about organized under the compulsion to report info to the police
criminals with the understanding that his identity will be 3. Special Employee – informants who are of a specific
protected operational nature
2. Confidential Informant – is similar to the former but he
gives information violate of the law to includes crimes and Other classification of Informant
criminals Automatic – Penetration - Full time - Rival – Elimination - False
3. Voluntary Informant – a type of informant who give Informant - Frightened Informant - Self- aggrandizing Informant -
information freely and willfully as a witness to a certain Mercenary Informant - Double Crosser Informant - Woman
act Informant - Legitimate Informant
4. Special Informant – those who gives information Common Motives of Informants
concerning specialized cases only and it is regarded a
special treatment by the operatives (ex. teachers, Reward – Revenge - Fear and avoidance of punishment –
businessmen) Friendship - Patriotism – Vanity - Civic-Mindedness – Repentance
5. Anonymous Informant – those who gives information –Competition -Other motives
through telephone with the hope that the informant can INFROMANT RECRUITMENT
not be identified
Phases
Sub-type of Informant 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 Basic Assumptions: Nobody has to talk to law enforcers. No
the single most important feature in the consideration of law compels a person to talk to the police if he does not want to.
recruiting the potential informant Therefore, people will have to be persuaded, always within legal
2. Investigation – the investigation of the potential and ethical limits, to talk to law enforcers. This makes interviewing
informants that has tentatively identified as a “probable” must an art:
be as thorough as possible. It must establish possible existing 3. The Person Interviewed
motives as to this person might assist the police Intel Consider:
community. Failure to do so will deny this office who must a) His ability to observe.
perform the approach and persuasion phase with little more b) His ability to remember
that a guess. If necessary, conduct complete background c) His ability to narrate.
investigation (CBI) d) His mental weakness because of stupidity or infancy
3. Approach – approach must be done in a setting from e) His moral weakness because of drunkeness, drug addiction,
which might include pleasant surroundings, perhaps a his being a pathological liar or similar factors.
confidential apartment, completely free form any probability of f) Emotional weakness resulted by family problems, hatred,
compromise, preferably in an adjacent city or a remote area revenue, and love.
foreign to the informants living pattern. 4. The Interviewer’s Personal Traits.
4. Testing – the testing program should begin, of course, a) He must be a practical psychologist who understands the
with the limited assignment, with a gradual integration into the human psyche and behavior.
more important areas. The occasional testing of an informant b) He has a sincere interest in people. People who are reclusive
should continue through the entire affiliation generally are not good interviewers.
c) He is clam, has self-discipline, and keeps his temper.
INTERVIEW AND INTERROGATION d) He is courteous, decent and sensitive.
1. Interview Defined. - An interview is the questioning of a person e) He is self-assumed and professional. He is tactful, i.e. he
believed to possess knowledge that is in official interest to the knows what to say when and how to say it.
investigator. f) He is cordial and agreeable, and never officious. But he
2. Importance of Interview. - Interview in crime investigation is very should avoid over-familiarity it.
important considering that the person interviewed usually gives g) He is forceful, persistent and patient. Some people just
his account of an incident under investigation or offers information cannot be rushed.
concerning a person being investigated in his own manner and h) He is analytical.
words. 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 d) Have an interview room where there will be privacy. It should
fundamental principle that a person must be treated be a plain room but not bleak. There should be few furniture,
according to humanitarian and legal precepts. and no distracting pictures, calendars or similar items.
l) he keeps the rules of evidence in mind. e) Arrange it so that there will be no interruption during the
interview.
5. Planning the Interview. f) Suspects should be interviewed separately and out of sight
In planning the interview, the interviewer should consider: and earshot of each other.
a) The facts of the case which have been established so far. g) If are two interviewers, let one man be the prime interviewer.
b) The information needed to complete the picture h) Arrange chairs so that window light falls on the interviewee
c) The sources of information that may be consulted such as and not on the interviewer.
files and records. i) The interviewer should adapt his speech to the style best
d) The possibility of confronting the suspect with physical understood by the subject. In dealing with tan uneducated
evidence . subject, the interviewer should use simple words and
e) The time available for the interview. sentences.
f) The time allowed by law. j) Straight-back chairs should be used for both subject and
interviewer. Other types of chairs induce slouching or leaning
6. Preparation of the Interview – Before interviewing a witness, the back, and such position are not conductive to proper
law enforcer should mentally review the case and consider what interviews.
information the witness can contribute. If the case requires it, he k) The interviewer should remain seated and refrain from pacing
should acquaint himself with the background of the witness. about the room.
a) To obtain information concerning the innocence or guilt of 5. Interrogation Techniques – The following are some of the
suspect. techniques practiced by experienced investigators:
b) To obtain a confession to the crime from a guilty suspect. a) Emotional Appeals – Place the subject in the proper frame of
c) To induce the suspect to make admissions. mind. The investigator should provide emotional stimuli that
d) To know the surrounding circumstances of a crime. will prompt the subject to unburden himself by confiding.
e) To learn of the existence and location of physical evidence Analyze the subject’s personality and decide what motivation
such as documents or weapons. would prompt him to tell the truth, then provide those motives
f) To learn the identity of accomplices through appropriate emotional appeals.
g) To develop information which will lead to the fruits of the b) Sympathetic Approach – The suspect may fell the need for
crime. sympathy or friendship. He is apparently in trouble. Gestures
h) To develop additional leads for the investigation of friendship may win his cooperation.
i) To discover the details of any other crime in which the c) Kindness – The simplest technique is to assume that the
suspect participated. suspect will confess if he is treated in a kind and friendly
manner.
d) Extenuation – The investigator indicates he does not consider a) Maintain an attitude that shows that you are sure of yourself
his subject’s indiscretion a grave offense. when you conclude that the subject is indeed guilty.
e) Shifting the Blame – The interrogator makes clear his belief (i) Don’t be very friendly with the subject and do not offer a
that the subject is obviously not the sort of person who handshake.
usually gets mixed up in a crime like this. The interrogator (ii) At the outset, accuse the subject of lying. If he reacts with
could tell from the start that he was not dealing with a fellow anger, this usually indicates innocence. But if he
who is a criminal by nature and choice. The trouble with the remains calm, you can generally conclude that your
suspect lies in his little weakness – he like liquor, perhaps, or suspicion of guilt confirmed.
he is excessively fond or girls or he has had a bad run of luck (iii) Interruption of questioning by the subject may indicate
in gambling. innocence. Silence is equated is equated with guilt.
f) Mutt & leff – Two (2) agents are employed. Mutt, the (iv) Do not allow the subject to repeatedly deny his guilt.
relentless investigator, who is not going to waste any time (v) Assume that the subject is guilty and proceed to ask why
because he knows the subject, is guilty. Jeff, of the other he committed the act,.
hand, is obviously a king-hearted man. (vi) When interrogating a “big shot,” it may be useful to lower
his status by addressing him by his first name, instead of
CRIMINAL INTERROGATION SYSTEMS using a title of respect.
(vii) Remember that one who is trained in criminal
1. Types of Offenders and Approaches to be used in Dealing With interrogation is easier to question than an ordinary
Them: criminal since he ahs less confidence in himself as a liar.
a) Emotional Offenders have a greater sense of morality. They b) The subject should be made aware of the fact that the
easily feel remorse over what they have done. The best interrogator knows information indicating his guilt and that the
approach in interrogating this type of offender is the interrogator is not merely “fishing” for evidence.
sympathetic approach. c) Let the subject know that he is showing signs of deception,
b) Non-Emotional Offenders normally do not feel any guilt, so some of which are:
the best way to interrogate them is through the factual (i) Pulsation of the carotid (neck) artery
analysis approach, that is, by reasoning with the subject and (ii) Excessive activity of the Adam’s apple
letting him know that his guilt has already been, or will soon (iii) Avoiding the eyes of the interrogator, swinging one leg
be, established. over the other foot wiggling, wringing of the hands,
tapping of fingers, picking fingernails, etc.
2. Interrogation of Suspect Whose Guilt is Definite or Reasonably (iv) Dryness of the mouth
Certain
(v) Swearing to the truthfulness of assertions. Guilty subjects (i) Show sympathy through a pat on the shoulder (usually
to strengthen their assertions of innocence frequently use reserved for men who are either younger that or of the
this. same age as the interrogator, or emotional offenders), or
(vi) “Spotless Past Record” – “Religious Man.” These are gripping the subject’s hand. Care must be taken with
asserted to support statements, which the subject knows, female offenders, who might consider any physical
and realizes the interrogator knows, to be false. contact with the interrogator as a sexual advance.
(vii) A “Not That I Remember” or “As Far As I Know” (ii) Tell the subject that even if he was your own brother (or
expression should be treated as a veiled admission or any other close relative), you would still advise him to
half-truth. speak the truth.
d) Sympathize with the subject by telling him that anyone else (iii) Convince the subject tot ell the truth for his own moral or
under similar conditions or circumstances might have done mental well being
the same thing. (iv) The “friendly-unfriendly” act. This is much like the Mutt
e) Reduce the subject’s guilt feeling by minimizing the moral and Jeff system discussed earlier. The only difference is
seriousness of his offense. that this act seems more effective if done by a single
f) In order to secure the initial admission of guilt, the interrogator interrogator playing both roles.
should suggest possible reasons, motives or excuses to the i) Point out the possibility of exaggeration on the part of the
subject. accuser or victim or exaggerate the nature and seriousness of
g) Sympathize with the subject by: the offense itself.
(i) Condemning his victim. During the questioning, the j) Early in the interrogation, have the subject situate himself at
interrogator should develop the notion that the initial the scene of the crime or in some sort of contact with the
blame, or at least some the blame, for the crime rests victim or the occurrence.
upon the victim. k) Seek an admission of lying about some incidental aspect of
(ii) Condemning the subject’s accomplice. But the the occurrence by achieving this, the subject loses a great
interrogator must be cautious so that the subject as deal of ground, bringing him nearer to the confession stage,
leniency or exculpation from liability does not misinterpret because he can always be reminded by the interrogator that
his comments. he has not been telling the truth.
(iii) Condemning anyone else upon whom some degree of l) Appeal to the subject’s pride well-selected flattery or by a
moral responsibility might be placed for the commission challenge to his honor. Flattery is especially effective on
of the crime. women subjects.
h) In encouraging the subject tot ell the truth display some m) Point out the uselessness of lying.
understanding and sympathy.
n) Point out to the subject the grave consequences and futility of f) Refer to some non-existing incriminating evidence to
a continuation of his criminal behavior. determine whether the subject will attempt to explain it; if he
o) Rather than seek a general admission of guilt, first ask the does, that is an indication of guilt.
subject a question regarding some detail of the offense, or g) Ask the subject whether he ever thought about committing the
inquire as to the reason for its commission. offense or one similar to it. If the subject admits he had
p) When co-offenders are being interrogated and the previously thought about committing it, this fact is suggestive of his guilt.
described techniques have been ineffective, play one against h) In theft cases, if the suspect offers to make restitution, that
the other. This is effective because when two or more fact is indicative of guilt.
persons have collaborated in the commission of a criminal i) Ask the subject whether he is willing to take a lie-detector
offense and are later apprehended for questioning, there is test. the innocent person will almost always immediately
usually a constant fear on the part of each participant that one agree to take practically any test to prove his innocence,
of them will “talk,” in exchange for some leniency or whereas the guilty person is more prone to refuse to take the
clemency. test or to find excuses for not taking it, or for backing out of
3. Interrogation of Suspect Whose Guilt is Uncertain his commitment to take it.
a) Ask the subject if he knows why he is being questioned. j) A subject who tells the interrogator, “All right, I’ll tell you what
b) Ask the subject to relate all he knows about the crime, the you want, but I didn’t do it,” is, in all probability, guilty.
victim, and possible suspects.
c) Obtain from the subject detailed information about his 4. General Suggestions Regarding the Interrogation of Criminal
activities before, during and after the occurrence under Suspects
investigation. This is a good method of testing the validity of a) Interview the victim, the accuser, or the discoverer of the
the subject’s alibi. crime before interrogating the suspect.
d) Where certain facts suggestive of the subject’s guilt are b) Be patient and persistent. Never conclude an interrogation at
known, ask him about them rather casually and as though the a time when you feel discouraged and ready to give up;
real facts were not already known, to give the subject an continue for a little while longer.
opportunity to lie. His answer will furnish a very good c) Make no promises when asked, “What will happen to me if tell
indication of his possible guilt or innocence, and if he is guilty, the truth?” A promise of leniency or immunity may induce an
his position becomes very vulnerable when confronted with innocent to confess.
the facts possessed by the interrogator. d) View with skepticism the so-called conscience-stricken
e) At various intervals, ask the subject certain pertinent confession.
questions in a manner, which implies that the correct e) When a subject has made repeated denials of guilt to
answers, are already known. previous investigators, first question him, whenever
circumstances permit, about some other, unrelated offense of 2. Need for Informants
a similar nature of which he is also considered to be guilty. a) Informants increase accomplishment in all areas of
f) An unintelligent, uneducated criminal suspect, with a low investigation.
cultural background should be interrogated on a b) Without confidential informants, the officer’s source of
psychological level comparable to that usually employed in information is limited to what he gets through formal interview.
the questioning of a child. c) Informants enable law enforcers to infiltrate the criminal
element and help lower criminal morale. Advance information
5. Interrogation Witnesses and Other Prospective Informants: improves crime prevention and enables the police to find out
a) Give the witness or prospective informant an assurance that the identity of transient hoodlums.
the offender will not harm him or any member of his family, d) Informants are an investigative “short cut’ to solve cases, to
and that there is a witness protection program specially recover stolen property, and to make apprehensions.
designed to meet that contingency when it becomes
necessary. 3. Where to Find Criminal Informants and Whom to Develop
b) If such witness or prospective informant refuses to cooperate a) Legitimate persons and criminals
with the police, try to sever any bond between him and the (i) Hoodlums, criminals, fences, bookies, barbers,
offender, and proceed to interrogate the witness or informant bartenders, poolroom and dancehall operators,
as if he were the suspect. prostitutes, madams, pawnbrokers, cab drivers, bell hops,
service station attendants, waitresses and others. A class
A. DEVELOPMENT AND CONTROL OF INFORMANTS in themselves is persons who had been accused or
suspected of a crime.
1. Confidential Informant Defined – a confidential informant is an (ii) Persons engaged in certain occupations should be
individual who supplies information on a confidential basis with considered.
the understanding that his identity will not be made known.
a) Scientific approach in criminal investigation can assist law 4. How to Develop Confidential Informants
enforcers immeasurably, but there is always that one case a) Constant need.
wherein the crime laboratory cannot help. This is the reason (i) No matter what our scientific development might be, there
why investigators must to know the man on the street, then will always come that time when we will need informants.
man who can supply information. (ii) Development of confidential informants should therefore
b) Law enforcers must develop confidential informants be a continuous process.
everyday. b) Evaluation of the individual being considered as possible
informant:
(i) Does he have access to information? attitude toward him, though, should be “Put up or get
(ii) Can he develop the trust of his associates? out”.
(iii) Intelligence and physical courage [6] Fear motive. – This is fear of the police or of his
(iv) His criminal record and background associates
(v) His pattern of behavior [7] Revenge motive
c) Basic considerations. [8] Perverse motives – To eliminate competition, for
(i) Contact must be made in a neutral place. The officer example.
making the contact should not be in uniform or in police [9] Bad publicity – Especially applicable to businessmen
vehicles. Contact should be made in such a manner that (iii) Officer’ Ability.
the informant’s association with the law enforcement [1] Develop an informant to the point that he really
agency would not be disclosed. Get the informer away respects you. - Do not call hour informant a “stool
from his local habitat to a place where he is not known. pigeon” or a “stoolie” when talking to him.
Call him by phone and let him set the time and place. [2] Secrecy in contacts cannot be over-emphasized. It
(ii) Plan the interview as to the type of “approach.” helps maintain the confidence of the informant. You
[1] Return of favor. – Even small favors can help a lot in may use fictitious names over the phone. Contact
developing informants. These may be extended in should be discreet and the meeting place frequently
various ways. changed.
[2] Monetary consideration – There may be ties when an [3] The informant may expect a few favors in return. –
officer has to pay for information. one must make Make him understand that you association with him
sure he gets his money’s worth. Do not overpay or does not give him the license to operate illegally. You
you will have a professional informant. must have him understand also that he is not an
[3] Appeal to prospect’s ego. – Men on the beat employee of the police even though he is being paid
(patrolmen/investigators) have a good opportunity of for the information. It may be necessary to hold
developing informants. something over his head.
[4] Development of “friendship” helps because the - Be sure that your informant does not brag about
informant respects the officer. – This is accomplished his association with you
by friendly acts of the officer to the possible informant - Make sure he is giving you good information. test
himself or his relatives. him with facts you know.
[5] Involvement in illegal activity – The illegal activity - Do not allow yourself to be interviewed by an
serves as pressure on the possible informant. The informant.
Give him the facts he needs to know, and nothing a) To preclude compromise
more. b) To minimize danger to the undercover operative
c) To ensure the ultimate success of the investigation
5. Use of Informants
a) Maximum benefit. – The confidential informant should be 2. Undercover investigation should not be attempted until other
used for the maximum benefit of the entire organization, not investigative techniques have failed or are deemed impractical.
of only one (1) officer/investigator.
b) A designated executive should be aware of the identity of the 3. Factors to consider before undercover investigation is initiated:
informant. – At least two (2) individuals in the law a) The exact result desired
enforcement agency should know the identity of a confidential b) Jurisdiction
informant. This gives him the feeling that he is really c) The importance of the investigation
cooperating with the police. It is also possible that something d) Available planning information
might happen to you, which would mean the loss of the e) Availability of qualified personnel
informant to the entire police force. Besides the officer who f) The equipment and preparation necessary
developed the informant, it is suggested that the other be a g) Danger to the investigator involved.
rank-officer to give the informant a feeling of importance.
c) Consider a program within your respective commands for the 4. General and Specific Qualifications – Undercover work as a
development of informants. selective assignment requires that the investigator possess, in
(i) Keep records as to the ability of your men to develop addition to certain general qualifications, specific qualifications
informants. required in the type of investigation being conducted.
(ii) Keep records as to the accomplishments of each of the a) General qualifications:
informants. This should tell you who among the (i) Well-trained and experienced
informants should be discarded. (ii) A calm, collected and resourceful individual with good
(iii) Keep records as to fugitives apprehended, loot recovered judgment and wit
and cases given to you. (iii) Complete self-confidence to feel absolutely certain that
(iv) Maintain a tickler system to review your informant’s he can successfully play the part of the character he will
contribution to your command. assume.
(iv) Courage and ability to meet unforeseen situations with
B. UNDERCOVER INVESTIGATION quick, sound decisions
(v) Will power to avoid drugs and excessive use of
1. Preparation for undercover work should be sufficiently thorough: intoxicants.
(vi) Ability to avoid unwise entanglements with women 9. A weapon should only be carried if it is consistent with the
involved in the case or associated with the subject. background story.
b) Specific qualifications
(i) Ability to act out an assumed role 10. Provide safe communication systems between the undercover
(ii) Good memory in an investigation in which no notes can agent and headquarters relaying information or instructions.
be taken or report submitted.
(iii) Skill adaptable to the occupation assumed. 11. Arrangements for drops and safe houses must be made and, if
(iv) Physical appearance and capabilities consistent with his necessary, the undercover operative himself may be placed under
assumed qualifications. surveillance.
(v) Well-grounded in the lingo and techniques of the subject
criminal operations 12. The undercover operative must never pose as a criminal unless
(vi) In special situations, the undercover investigator should no other approach appears adequate.
possess certain linguistic abilities, hobbies, sports,
musical talent and personal background for the particular 13. The role of the undercover operative is to gather information or
and undercover assignment. evidence against the suspect(s) or the organization, never to
instigate the commission of a crime.
5. Authority for undercover operations must be from the top officer of
the organization, for this requires coordination with other 14. Plans for the operation must provide actions or alternatives in
agencies. case the undercover is arrested.
6. The fewest number of persons must know the undercover 15. Reminders tot he undercover operative:
operation. Otherwise, the investigation or the operative himself a) Act as natural as possible.
might be jeopardized. b) Do not overplay the part.
c) Do not indulge in any activity, which is not in conformity with
7. The background or cover story regarding the assumed identity of the assumed identity.
the undercover operative must be such that he can easily win the d) Do not make notes unless they are to be mailed or passed
confidence of the suspect or organization sought to be infiltrated, immediately: (Use codes and never place return address in
and should seldom be wholly fictitious. letters and envelopes).
e) Do not use intoxicants except to play the part.
8. Badge and credentials must never be carried. f) Limit association with women to that necessary to play the
part
a) “Loose Tail” is employed when a general impression of
C. SURVEILLANCE the subject’s habits and associates is required.
b) “Rough Shadowing” without special precautions may be
1. In General. – In the investigation of a certain case, a point is used where the criminal must be shadowed and he is
reached when the investigator sometimes finds it difficult to aware of this fact; or where the subject is a material
secure leads through questioning of the complainant and witness and must be protected from harm or other
witnesses. In such a situation, the investigator has to go to the undesirable influences.
filed to locate the criminal or, if he is known, to study his habits, c) “Close Tail” surveillance is one is which extreme
movements and possible accomplices in the commission of the precautions are taken against losing the subject.
crime.
2. Definition – Surveillance is the discreet observation of places, 5. Tactics. – The subject should be kept unaware that he is being
persons and vehicles for the purpose of obtaining information shadowed. The investigator should be inconspicuous. He should
concerning the identities or activities of subjects. not be detected looking directly at the suspect. He should shift
3. Objectives of Surveillance: from left to right, never remaining for long directly behind the
a) To detect criminal activities subject. Both sides of the street should be used. If the tail, he
b) To discover the identity of persons who frequent the should request immediate removal from the statement.
establishment and determine their relationship.
c) To discern the habits of a person who lives in or frequents the 6. Note. – The investigator must maintain a note or log containing a
place. chronological record of the activities of both the investigator and
d) To obtain evidence of a crime or to prevent the commission of the subject. The log can be used either in the interrogation of the
a crime. suspect or for purposes of cross-examination during trial.
4. Shadowing or Tailing. It is the act of following a person. Its
objectives are: 7. “Roping” or Undercover Work. – It is a form of investigation in
a) To detect evidenced of criminal activities. which the investigator assumes a different and unofficial identity
b) To establish the association of a suspect (a cover story) in order to obtain information. The general
c) To find a wanted person objective of an undercover investigation is to obtain more
d) To protect a witness information.
There are three (3) types of shadowing employed, depending
upon the objective of the surveillance: 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 c) Written notes (what you have seen or observed);
judgement. In such a case, if retaining his assumed character d) Developing and lifting fingerprints found at the crime scene:
does not serve a useful purpose, the investigator should refuse to e) Gathering physical evidence;
make a statement except to a member of his own organization. f) Plaster cast;
g) Tape recording of sounds;
9. Preparation and Supervision of Discreet Surveillance h) Video tape recording of objects; and
i) Written statements of subjects(s) and witnesses
a) Familiarize participating operatives with the case.
(i) Use sketches, photos and maps in the briefing. Scientific Examination of Real Evidence
(ii) Make a physical description of the subject(s).
(iii) Anticipate contingencies that arise and plan what to a) The Crime Scene Search
do
(iv) Ready coins for bus or jeepney fare and for making Processing and Securing a Crime Scene – Processing a crime scene
phone calls includes the application of diligent and careful methods by an
(v) Determine exits and have them covered. investigator/policeman to recognize, identify, preserve and collect
(vi) Bear in mid the need to secure a Search Warrant on facts and items of evidentiary value that may assist in reconstructing
short notice. that which actually occurred. The crime scene is the area surrounding
(vii) Ready materials for recording surveillance the place where the crime occurred. the processing of the area at the
(viii) Pre-arrange signals. scene includes all direct traces of the crime. and this is determined by
(ix) Maintain contact among the participants. the type of crime committed and the place where the act occurred.
(x) Rotate participants and apportion their distances.
(xi) Consider the possibility of counter-surveillance. Protecting the Crime Scene and the Evidence – Successful crime
b) Choosing proper equipment. Equipment include motor scene processing, depends upon the policeman’s or investigator’s
vehicles, boats, binoculars, camera, radio equipment, skill in recognizing and collecting facts and items of value as
handcuffs, containers for evidence, strips of neolith and other evidence, and upon his ability to protect, preserve, and later, to
materials for disguising motor vehicles (day or nighttime), present these in a logical manner. This requires making careful and
firearms, tear gas etc. detailed notes and sketches; using correct procedures in taking
photographs of the scene; taking written statements and transcribing
Standard Methods of Recording Investigative Data verbal statements of witnesses, suspects and marking and
a) Photographs; preservation of collected physical objects of evidentiary nature.
b) Sketching crime scenes;
b) Laboratory examination of objects and substances located Upon Arrival at the Crime Scene
usually at the crime scene Objects and substances needing
examination in some cases are carried, intentionally or a. Record time/date of arrival at the crime scene, location of the
unintentionally, by suspects from the crime scene. scene, condition of the weather, condition and type of lighting
direction of wind and visibility
Investigator’s Notebook. b. Secure the crime scene by installing the crime scene tape or
a) Purpose: Considering the mass of details and the number of rope (police line)
cases which in some instances an investigator is handling, it c. Before touching or moving any object at the crime scene
is very possible that he might forget some details. Many of the determine first the status of the victim, whether he is still alive
details associated with the investigation, while not essential to or already dead. If the victim is alive the investigator should
the report, might become points of interest to the court when exert effort to gather information from the victim himself
the case is brought to trial. Experienced investigators employ regarding the circumstances of the crime, while a member of
a handbook to record the relevant details of the case. During the team or someone must call an ambulance from the
trial, the court allows investigators to consult their notes to nearest hospital. After the victim is remove and brought to the
refresh their memory. hospital for medical attention, measure, sketch, and
b) Recording Notes: The data of the investigation should be photograph. Only a coronal or a medical examiner shall
recorded in a complete, accurate and legible fashion so that remove the dead body unless unusual circumstances justifies
in the event another investigator is required to assume the its immediate removal.
responsibility for the investigation, be can make intelligent use d. Designate a member of the team or summon other policemen
of the notebook. or responsible persons to stand watch and secure the scene,
and permit only those authorized person to enter the same.
Custodial Investigation/Interrogation. e. Identify and retain for questioning the person who firs notified
It is the skillful questioning of a suspect or a hostile witness to the police, and other possible witnesses.
divulge information on the crime being investigated. It must be f. Determine the assailant through inquiry or observed him if his
remembered, however, that police investigators cannot learn identity is immediately apparent. Arrest him if he still in the
proper interrogation merely by reading books. The success of vicinity.
interrogation depends on its legality, topic, physical insight and g. Separate the witnesses in order to get independent
experience. statements.
Collecting Evidence. This is accomplished after the search is Sketching Crime Scenes.
completed, the rough sketch finished and photographs taken. Fragile Pointers to Consider:
evidence should be collected as they are found. All firearms (FAs) a) To establish admissibility, the investigator must have had
found to have tampered serial numbers (SNs) shall be automatically personal observation o the data in question. In other words,
subjected to macro etching at the Philippine National Police Crime the sketch must be sponsored or verified.
Laboratory (PNP-CL). A corresponding report to the Firearms and b) REMINDER: Sketches are not a substitute for notes or
Explosive Office (FEO) must be made for verification purposes. In the photos; they are but a supplement to them.
collection, the investigator should touch the evidence only when c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation
necessary. drawing; Exploded view; and Perspective drawings.
d) Write down all measurements.
Removal of Evidence. The investigator places his initials, the date and e) Fill in all the detail on your rough sketch at the scene. Final
the time of discovery on each item of evidence and the time discovery sketch may be prepared at the office.
on each item of evidence for proper identification. Items that could not f) Keep the rough sketch even when you have completed the
be marked should be placed in a suitable container and sealed. 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 Kinds of Sketch
drew it. Use the KEY – capital letters of the alphabet for listing 1. Sketch of locality gives a picture of the crime scene in relation
down more or less normal part sof accessories of the place, to its environs including neighboring buildings, roads, etc.
and numbers for items of evidence 2. Sketch of grounds includes the crime scene and its nearest
j) Indicate the position, location and relationship of objects. environment, ex a house w/ a garden
k) Methods or systems of locating points (objects) on sketch 3. Sketch of details describes the immediate crime scene only.
Rectangular coordinates. (Measurements at right angels
from each of two walls) SCENE OF CRIME OPERATION (SOCO)
Coordinates constructed on transecting base line .
Choose relatively fixed points for your baseline. Composition of SOCO Team
Triangulation. (Measurements made from each of two The SOCO team is composed of but not limited to the following
fixed objects to the pint you want to plot or locate so as to depending on the nature of the case:
form an imaginary triangle. Sketch will show as many 1. Team Leader
imaginary triangles as there as object plotted). 2. Assistant team leader
l) Two (2) investigators should check critical measurements, 3. Photographer and photographic log recorder
such as skid marks. 4. Sketcher and Evidence Recorder
m) Measurements should be harmony; or in centimeters, inches, 5. Evidence Recorder
yards, meters, mixed in one sketch. 6. Evidence Recovery Personnel
n) Use standard symbols in the sketch. 7. Driver/Security
o) Show which way doors swing,
p) Show with arrow the direction of stairways. Personnel Functions and Responsibility
q) Recheck the sketch for clarity, accuracy, scale, and title key. 1. Team Leader
a. Assume control of the crime scene. Ensure the safety of
personnel as well as the victim and offenders caught in
GENERAL TYPE OF SKETCH the scene and secure the crime scene from kibitzers.
Rough Sketch- made at the crime scene, no scale, proportion ignored b. Conduct initial survey of the crime scene for evaluating
and everything is approximate potential evidence and narrative description of the place.
c. Determine search patterns to be used and designate
Finished Sketch- for courtroom presentation, scale and proportion are assignments to evidence gatherer.
strictly observed.
d. Designate command post location in or near the crime 4. Sketcher:
scene and insure exchange of information between a. Perform all sketches necessary during the crime scene
searcher and investigator. processing.
e. Coordinate with other law enforcement agencies for the 5. Evidence Recorder/Custodian:
security of the victims, offenders/suspects and the scene a. Prepare evidence recovery log and accomplish chain of
of the crime. custody of evidence.
f. Ensure that sufficient supplies and equipments are made b. Conduct packaging, preservation and transportation of
available for personnel involved in SOCO. gathered evidence to the Crime Laboratory.
g. Control access to the scene and designate personnel. To c. Coordinate evidence nomenclature with sketcher,
log persons entering the place and remove Kibitzers in photographer and evidence gatherer.
the area, d. Receive and record all evidence recovered.
h. Continuously reevaluate efficiency of the search ensure e. Maintain custody and control of evidence
and that all places are searched properly. f. Observe the proper custody of evidence
i. Release the crime scene to the investigators handling the g. Coordinate transmittal of evidence to case investigator or
case to Crime Laboratory per agency guidelines.
2. Assistant Team Leader
a. Shall assist the team Leader in all his functions and 6. Evidence Recovery Personnel:
responsibilities. a. Have significant evidence photograph before it is
b. Assume/takeover the responsibilities of the Team leader collected.
in his absence b. Keep team leader always apprised of significant evidence
3. Photographer and photographic log recorder: located.
a. Photograph the entire area of the crime scene with c. Initial and date all evidence and turn it over to the
overall medium and close-up coverage using appropriate evidence recorder/custodian after noting where the item
scale. was located.
b. Photograph victims, suspects/offenders arrested in the d. Coordinate evidence nomenclature with evidence
scene. recorder/custodian and sketch prepared.
c. Photograph all evidences before collection. e. Ensure that appropriate safety measures are adhered to
d. Photograph all latent Fingerprints, impressions before especially with respect to proper clothing including
lifting or casting is made. Likewise, photograph blueprints gloves.
map and other items
e. Prepare photograph log photographic sketch. Equipment
1. Basic Equipment - Crime Scene tape or Rope (Police Line), Drawing compass, Clippers, Magnetic directional compass,
Measuring device e.g. ruler and measuring tape, Recording Carbon papers and coupon bonds.
materials e.g. chalk, sketcher and paper pad, Camera with
film, Video camera or tape recorder, Evidence collection kit, INTERVIEW IN GENERAL
Flashlight
2. Evidence Containers - String tags-large and small, Evidence Interview Defined. - An interview is the questioning of a person
tape or masking tape, Roll of manila paper for wrapping, believed to possess knowledge that is in official interest to the
Plastic gallon, ½ pint bottles/vials-plastic and glass, ¼ pint investigator.
bottles/vials-plastic glass, Absorbent cottons, Rolls of Importance of Interview. - Interview in crime investigation is very
fingerprint tape, Plastic bags-different sizes, Paper bags- important considering that the person interviewed usually gives his
different sizes account of an incident under investigation or offers information
concerning a person being investigated in his own manner and words.
3. Tools - Pair of scissors, Knife-heavy duty and folding knife,
Adjustable wrench, Pliers, Wire cutter, Complete screw driver Basic Assumptions: Nobody has to talk to law enforcers. No law
set, Saw, Hammer, Ax of hatchet, Shovel, Fingerprint compels a person to talk to the police if he does not want to.
magnifier, Nylon brush, Magnet, Spatula, Box of plaster of Therefore, people will have to be persuaded, always within legal
Paris for casting or lifting foot marks, Goggles, Sifting screen, and ethical limits, to talk to law enforcers. This makes interviewing
Funnels of different sizes, Ladder, Hand lens of magnifier, an art:
Weighting scale, Vernier caliper and micrometer, Scalpels The Person Interviewed (Consider the following)
4. Evidence Gathering Equipment - Rubber glove and cotton, g) His ability to observe.
Box or filter, White cotton sheet, Cotton balls and swabs, h) His ability to remember
Fingerprint car, data card and ink cards, Photo data card, i) His ability to narrate.
Black and white latent print lifting cards, Rolls of lifting card, j) His mental weakness because of stupidity or infancy
Complete magna brush kit, Complete dusting kit, Heavy duty k) His moral weakness because of drunkeness, drug addiction,
rubber lifters, Camera whit no wide angel, normal and macro his being a pathological liar or similar factors.
lens, Arson kit, Casting and molding kit, Electric engraver l) Emotional weakness resulted by family problems, hatred,
5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen- revenue, and love.
different color, Chalks, Permanent flat marker, Eraser, Stapler The Interviewer’s Personal Traits
with extra staple, Assorted paper clip and binders, m) He must be a practical psychologist who understands the
Notebooks, paper pads, sketch pads and drawing pads, human psyche and behavior.
n) He has a sincere interest in people.
o) He is clam, has self-discipline, and keeps his temper. Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a
p) He is courteous, decent and sensitive. chemical substance found in all cells of living organism whose
q) He is self-assumed and professional. He is tactful, i.e. he composition have been passed on from parents to offsprings. It
knows what to say when and how to say it. is called as the genetic or hereditary material. A person’s DNA
r) He is cordial and agreeable, and never officious. But he is the SAME in every cell. It is contained in blood, semen,
should avoid over-familiarity it. skin cells, tissue, organs, muscle, brain cells, bone, teeth, hair,
s) He is forceful, persistent and patient. Some people just saliva etc.
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. FROM THE WHOLE TO THE (MICROSCOPIC) PARTS
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 There Each One The Genes are
The scientific tools a criminal investigator can use are: human is a nucleus chromosome chromosomes segments
body nucleus contains 46 of every are filled of DNA
a. Fingerprinting (Dactyloscopy) contains inside chromosomes pair with that contain
b. Photography 100 each arranged is from tightly instructions
trillion human in 23 each coiled to make
c. Forensic Chemistry cells cell pairs parent strands proteins
d. Medico-legal of the building
e. Forensic Ballistics DNA blocks of life
Example: A traffic accident could involve a cyclist and a PERCEPTION OF HAZARD – Seeing, feeling, or hearing and
pedestrian. understanding the unusual or unexpected movement or condition that
could be taken as a sight of an accident about to happen.
9. CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENTS:
LENGTH OF SKIDMARKS Use the length of the longest skid mark left by any wheel minus gaps
Consider the following: in it. This method is possible because all wheels slide about the same
Be sure they are skid marks – not just tire marks. distance. We know that the brakes definitely have been applied
throughout the entire distance of the longest skid mark.
1. Did all wheels slide or just some of them? It makes little If one wheel does not slide as far as the others, still it was about to
difference if tire is sliding forward or sidewise. slide when the others began. The drag on the pavement by this
2. Are there any gaps in the skid marks? Be sure there are wheel is about the same just before it begins to slide as when it is
gaps caused by a release of brake pedal pressured and not actually sliding. It may even be greater.
skids caused by bounced. Therefore, we are usually safe in saying that all wheels are dragging
3. What is the length of each skid marks around any curves; it as mush as if there were sliding wheel skid applies to motorcycles,
may not make straight from beginning to the end in the trucks, truck and trailer combinations, and buses as well as ordinary
shortest line. You may want to consider two separate lengths motor vehicles.
for each skid marks. One of these is based on the part of the 2. SPIN
skid mark you can positively identify. It gives you speed A slide is considering a spin if both rear wheel skid marks do
which will be minimum beyond reasonable doubt. The others get off to one side of the front wheel skid marks. Take the length of
is a possible skid mark which will give you a more likely each skid marks minus gaps. Add the skid mark length for all wheels
speed. The first is all you can use in court, the second is and divide the numbers of wheels. This method is necessary in the
case of the spins, because some of ht wheels slid much farther than
other; that is, one end of the car may practically stand still while the It is the measurement of the maximum frictional resistance of
other sweeps around it. pavements. It is equal to the force exerted when the wheels are
Use this method only when there is about the same weight on front skidding divided by the weight of the car.
and rear wheels; that is usually for ordinary cars, motorcycles, and Slipperiness of surface must also be known in order to calculate
light trucks with trailers or heavily loaded trucks having duel tires on speeds from skid marks. We tell what this slipperiness by a number,
the rear wheels. Uneven weight with a spin is a situation, which usually decimal less than 1.00. When any object is sliding, the
requires special calculations. This method gives you a figure for the surface it slid on puts a friction drag on sliding tire that slows the car.
sliding distance of the vehicle. It is not necessary to compute it more A slippery movement creates a small friction drag and an abrasive
accurately than to the nearest foot. For this length you may have two pavement a big drag. If we divide the amount of friction drag in
figures, one a positive distance and one a possible distance. pounds by the weight of the car in the pounds, we get the number that
Unfortunately, many investigations are carelessly made. For describes the slipperiness.
example, investigators may:
EXAMPLE:
1. Fail to show whether all wheel slid.
2. Fail to include in the sliding distance a skid shown by a The drag of the pavement on the sliding tires of an automobile is 3,
shadow as well as that more clearly shown by the smear of 000 lbs.. The automobile weights 4, 000 lbs.. The number
the hot fire. representing the slipperiness of the pavement, or its friction drag, is
3. Neglect to note whether they are gaps in then 3, 000 divided by 4, 000 or 0.75. This friction drag factor or
4. Fail to note whether the skid marks are straight or a spin. slipperiness number is called technically the “COEFFICIENT OF
5. Measure straight across from beginning to the end of a curve FRICTION”. You can measure the drag factor of a pavement by
skid marks rather than around its length. making a test skid which tells how far a car slides on that pavement
If the facts are not all there, assumptions should have to be while stopping from a known speed. The drag factor or coefficient of
made about the distance the car slid. For legal purposes, you may friction can be determined by use of a formula. If we let “S” stand for
assume only what may be true beyond responsible doubt. Hence, the speed in miles per hour from which the test skid is made and “D”
poor observations and measurements often leave you little value to go the distance in feet that car slides in coming to stop, then the drag
on. Nevertheless, reasonable assumptions regarding conditions which factor, which we call “F” will be:
more definitely observed in investigations may be very helpful in
coming to a conclusion about what probably happened. F = S2 / 30 (D)
1. COEFFICIENT OF FRICTION – DRAG FACTOR The “30” is the formula because speed is given in miles per
hour and the distance in feet (transformation of feet per second to
miles per hour). It is called a constant because it stayed the same in This is necessary if you want to be sure beyond reasonable doubt of
all problems for which the formula is used. calculated speeds. Test skids made the same car that was in the
accident are the best. They thus take care of some o the minor
Thus, to find slipperiness number, F, we multiply this speed by itself factors such as the weight of the car, the tire material, the tread
and then divided by 30 times the stopping distance. You do not need pattern, tire pressure and therefore , make the estimate more reliable.
to carry the division out more than two places to the right of the
decimal point. 1. GRADE FOR SLOPE (GRADIENT)
EXAMPLE: So far, we have been talking only about level roads. You can
On a test to measure pavement slipperiness, a car was stop more quickly if you are going uphill than on a level road. But it
stopped in 40 ft. from 30 miles per hour. Substituting these numbers will take to longer to stop when going downhill. Hence, the slope or
for the letters representing them in the formula, and doing the grad of the road should also be considered.
arithmetic involved, we have:
Grade is measured by a number that is also usually less than
2 2
F = S / 30 (D) = 30 = 900 / 30 (40) = 0.75 / 1, 200 1.00. The measure of the grade is the number of the feet that the
road rises or falls for each feet of the horizontal distance.
Using a chart, which was especially designed to represent this To find it, divide the vertical rise or fall by the horizontal distance. It is
formula, is much easier than doing the arithmetic for it. To use it: not necessary to carry this divisions more than two places to the
1. Locate the test stopping distance on the D scale at right of the decimal.
the left. USE THIS FORMULA:
2. Locate the test speed on the S scale in the middle. f = horizontal distance / vertical rise or fall
3. Draw a straight line through these two points and Possible ranges of pavement Drag Factors for rubber tires.
extend to the right until it crossed the F scale at the The drag factor or coefficient of friction of a pavement of a given
right. description may vary considerably because quite a variety of road
4. Read the friction drag on the F scale. surfaces maybe described in the same way.
It is very important that the test skids to measure pavement
slipperiness be correctly made. You are unlikely to do it right without Some of these variations are due to the weight of the vehicles, air
special instruction or experience. pressure in the tire, treated design, air temperature, speed and some
other factors
At least two skids are desirable. Compute the slipperiness
separately for each. Unless there are within 0.05 each other friction REACTION TIME
calculated from any of several test skids made on the same paving. This is the distance traveled before applying the brakes:
a. Divide seconds in an hour (3, 600) into feet in a a. Should meet legal standards. Officers measuring the
mile (5, 280) = 1, 467. skid marks and the distances to embankment of other
b. To determine distance you will travel in one fixed constructions should verify each other’s
second, multiply 1.467 (1.47 or 1.50) times the measurements so that they can corroborate each other’s
speed which you are traveling. testimony in court.
c. Time to get foot off the accelerator and slam it on b. Evidence should be presented to show that the skid
the brake is ¾ of a second on the average. The marks were made by the suspect car.
age of the driver should be considered. c. Witnesses should testify in court.
d. 1.5 x speed = length in feet covered before brake
works for you. BASIC PRINCIPLES IN CALCULATING SPEEDS FROM SKIMARKS:
Parricide Note: Remember that the police is the first line of defense in the
Any person who shall kill his father, mother, or child, whether effective application of criminal justice.
legitimate or illegitimate, or any of his ascendants or descendants, or
his spouse, shall be guilty of parricide. The Primary Job of the Investigator
The elements of parricide are: 1. To discover whether an offense has been committed under
(1) A person is killed by the accused. the law.
(2) The person killed is the father, mother or child (not less than 2. To discover how it was committed.
three days old), whether legitimate or illegitimate, or the 3. Who committed it and by whom it was committed.
ascendant or descendant or the spouse of the accused. 4. When it was committed.
The relationship with the other ascendant or descendant 5. And under certain circumstances why it was committed.
(grandfather or grandson) must be legitimate. The spouse killed
must be legitimate wife or husband. But the father, mother or child Mistakes in Homicide Investigation
may be legitimate or illegitimate. If the child killed is less than 1. The mistakes of the homicide investigator can not be corrected.
three days old, the crime is infanticide. 2. The homicide investigator should not cross the three bridges,
which he burns behind him. It is important that competent
personnel adequately handle the case.
The following are the three bridges:
Responsibilities of a Homicide Investigator
1. Homicide investigator when called upon to investigate a A. The dead person has been moved.
violent death, stand on the dead man’s shoes, to produce his It is therefore necessary that photographs be taken,
instincts against those suspects. Consequently, the zeal, measurements made, fingerprints taken and other necessary
enthusiasm and intelligence the investigator brings in the tasks to be first carried out.
B. The second bridge is burned when the body is embalmed.
Embalming destroys traces of alcohol and several kinds of The Role of the Medico-Legal officer in Homicide Investigation
poison. If poisoning is suspected, the internal organs should The determination of criminal responsibility in death has been
be removed. developed into a specialized field of medical science called forensic
C. The third bridge is burned when the body is burned or pathology. A pathologist can assist in homicide investigation by:
cremated. 1. Documentation of all wounds, bruises, scratches, scars or
The exhume body is difficult and expensive. The lapse of time other marks at the time of the autopsy.
make s the examination doubtly difficult and a conclusion is 2. Interpretation of findings based on medical facts.
hard to arrive at. Cremation destroys body itself.
Necropsy Report- It is a document stating the cause of death of the
The Medico-Legal Autopsy victim. This is the medico-legal report.
1. The real beginning of any homicide investigation should be to
establish the cause of death accurately. The Facts of Death
2. An autopsy should be performed at once when there is the 1. The first action of an investigator upon arriving at the crime scene
slightest reason to suspect the probability of homicide. of the homicide is the verification of death.
3. In general, it maybe stated that death has been caused by 2. An individual is said to be dead in the medical sense when one of
violence, an autopsy is always performed unless there is the three vital function is no longer performing within the body:
adequate proof to the contrary. a. Respiratory system
b. Cardiac Activity
The value of the Investigator in attending autopsies c. Central nervous system activity
During the conduct of autopsy, an investigator can observe 3. In the legal sense, death is considered to occur when all of the
first hand and ask questions pertinent to the case under investigation. three above vital functions have ceased.
The medico-legal officer can explain the autopsy findings as they
progress. As the results of the autopsy are received by the Presumptive signs and Test of Death
investigator such information, if pertinent and requiring expeditious 1. The following are few of the signs indicative of death:
investigative attention, can be passed along to the other investigators A. Cessation of breathing and respiratory movement
for immediate handling. When the investigator has a suspected B. Cessation of heart sounds
weapon, comparison of the weapon with the wound can be made. The C. Loss of placing of nail beds when pressure is applied in the
officer present at the autopsy can be the liaison with the investigation fingernails is released.
team working on the case and see that all evidence is obtained during
the examination.
Suspended Animation of the deceased may not be on file or may not be obtainable
1. Cardiac activity, breathing and functioning of the nervous system because of trauma, mutilation, incineration or decomposition.
may reach such a low-level activity that a homicide investigator The sole clue maybe bone, a skull or a few teeth.
maybe deceived into an assumption of death. c. Skeletal Studies - Examination of the skeleton may provide a
2. The following conditions produced simulated appearance of basis for identification because of individual peculiarities such
death: as old fractures and presence of metal pins. Bones may also
1. electric shock provide information about age, sex, and race.
2. prolonged emersion d. Visual Inspection - Someone knowing the deceased person
3. poisoning from narcotic drugs may recognize the victim. However, trauma, incineration, or
4. barbiturate poisoning decomposition may render the features unrecognizable. In
5. certain mental diseases addition, a visual inspection without further verification has
the advantage of possible subjective error or deliberate false
The Importance of Establishing the Identification of Homicide Victims identification. Visual inspection combined with fingerprint
The identification of the victim is an important investigative evidence is a favored method for rapid identification.
step for the following reasons: e. Personal Effects - Identification of a victim by personal effects
1. It provides an important basis for the investigation processes such as Jewelry, I.D. card, wallets, belts, shoes etc.
since it may lead the investigator directly to other important f. Tattoo and Scars - Identification scars, moles, tattoos,
information leading to the solution of the crime. pockmarks or other markings may be helpful in identification,
2. The identity of the dead person provides the focal point/starting particularly in conjunction with other findings.
point for the investigators can then center their attention on g. Dental Evidences (Forensic Odontology) - Identification
associates and haunts of the deceased. based on the examination of teeth (teeth charts, fillings, inlays
3. The identity of the deceased may arouse suspicion in mysterious crowns, bridgework, dentures etc.) is valuable inasmuch as
death since the victim maybe a person whose life had been the teeth are probably the most durable part of the human
threatened or whose death was desired for criminal purposes. body. There are probably no two people alive with dentures
4. The identification of the deceased can be traced or related to that are completely identical in all respects. Dental evidence
wanted persons or missing one. is legally recognized and accepted, if properly presented in
5. court.
Methods of Identification h. Clothing - Articles of clothing containing cleaner’s mark,
a. DNA Analysis labels, initials, size, color, texture knitting, etc. have provided
b. Fingerprints - ingerprint identification is the most positive and investigators with the leads and even identification in most
quickest method of ascertaining identity. However the prints instances.
i. Photographs - Identification of victims has been made by Victims Background - very promising leads can be developed
publication in bulletins, circulars, television and other from the review of the background of the victim that can
distribution media, artist sketches, death mark and casts have provide the background of the victim which can give the
likewise aided the police in identifying unknowns. pursuit defined goals.
Modus Operandi - choice of particular crime to commit and
Investigative Leads the selection of a method of committing a criminal act that
The problem of who did it is a simple on when the offender is forms the signature of the criminal give a clear lead on who
caught in the act or apprehended in flight from the scene the scene might have committed the crime.
shortly after the crime. When the perpetrator is not promptly arrested, Informants - are a traditional starting point in seeking basic
the direction of the investigation varies according to whether the case leads. In fact informants sometimes offer data about an
falls into one of the two categories- known identities or unknown unreported or undiscovered crime or one in its planning
identity. Whenever investigators encounter cases of the later, stage.
investigative leads now are necessary to attain the objective of Benefits - the question of who might benefit from the crime
criminal investigation. provides an excellent focus for making inquiry. The “benefit
factor” can provide investigative leads.
Establishment of Motive to the killing Opportunity
This will furnish a good clue in the solution of the crime. The Knowledge - simply determining who might have knowledge
investigator drawing from his ingenuity, experience and availability of of the crime to establish further information
data, must base his investigation on a theory that rationally explains Approximate time of death
the fatal act. Note maybe done on the following:
Composite Sketches
Photographs of Known criminals
Voice Identification
Polygraph testing
Fingernail Scrapings
Signs of Struggle
Field Contact Report
Motor Vehicle
b. Barbiturates/Tranquilizers b. Shabu
1. symptoms of alcohol intoxication without odor or 1. produces elevations of mood, heightened alertness
alcohol on breath and increased energy
2. staggering or stumbling 2. some individuals may become anxious, irritable or
3. falling asleep unexplainably loquacious
4. drowsiness, may appear disoriented 3. causes decreased appetite and insomnia
5. lack of interest in school and family activities
3. HALLUCINOGENS
c. Volatile Solvents a. Marijuana
1. odor of substance on breath and clothes 1. may appear animated with rapid, loud talking and
2. excessive nasal secretions, watering of eyes bursts of laughter
3. poor muscular control 2. sleepy or stuporous
4. increased preference for being with a group rather 3. pupils are dilated
than being alone 4. odor(similar to burnt rope) on clothing or breath
5. plastic or paper bags or rags, containing dry plastic 5. remnants of marijuana, either loose or in partially
cement or other solvent, found at home or in locker at smoked “joints” in clothing or possessions
school or at work b. LSD/STP/DMT/THC
6. slurred speech 1. user usually sits or reclines quietly in a dream or
trance – like state
2. STIMULANTS 2. user may become fearful and experience a degree of
a. Amphetamines/Cocaine/Speed/Bunnies/Ups terror which makes him attempt to escape from his
group
1. pupils may be dilated 3. senses of sight, hearing, touch, body image and time
2. mouth and nose dry, bad breath; licks lips frequently are distorted
3. goes long periods without eating or sleeping; 4. mood and behavior are affected, the manner
nervous; has difficulty sitting still depending upon emotional and environmental
4. chain smoking condition of the user
INDIVIDUAL EFFECTS OF THE DANGEROUS DRUGS c. Damage to chromosomes, hence, affecting potentially the
offspring.
1. DEPRESSANTS Effects On The Body
a. Death due to respiratory arrest. a. Brain – impairs skills for driving cars and operating
b. In large doses can cause respiratory depression and coma, machinery, interferes with memory, and intellect.
the combination of depressants and alcohol can multiply the b. Eyes – lowers pressure inside eye ball
effect of the drugs, thereby multiplying the risks. c. Heart – raises heart rate, potentially hazardous to heart
c. Babies born to mothers who abuse depressants during patients
pregnancy may be physically dependent on the drug and d. Lungs – impairs lung functions
show withdrawal symptom shortly after they are born. Birth e. Reproductive Organ – decreases sex hormones and
defects and behavioral problems may also result. sperm production in males
2. STIMULANTS f. Immune System – impairs immunity of the body against
a. Death due to infections, high blood pressures. infection and cancer
b. Extremely high doses can cause a rapid or irregular APPROACHES TO THE DRUG PROBLEM
heartbeat, tremors, loss of coordination, and even physical The present nature and extent of drug abuse and misuse
collapse. among the youth constitutes one of the gravest health problems
Shabu facing the nation and the world today. Public concern about drug
a. Overdosage leads to chest pains, hypertension, acute abuse is focused not only on drugs that can be abused but also on the
psychotic reaction, convulsions and death due to cardiac individual who misuses them.
arrest Today, there are many measures undertaken by both the
b. Due to the appetite suppressing effects of shabu, private and the government sectors in the fight against drug abuse as
pregnant mother may become malnourished. This may a disease of society. This includes the major approaches as follows:
affect the nutritional needs of the baby. A. The Law Enforcement Approach
c. Babies born to shabu-using women show sever B. The Treatment and Rehabilitation Approach
emotional disturbances. C. The Educational Approach
3. HALLUCINOGENS D. The International Efforts Against Drug Abuse
Marijuana
a. Can lead to serious mental changes (psychoses) like THE LAW ENFORCEMENT APPROACH
insanity, suicidal and/or homicidal tendencies The Philippine government considers drug abuse as a multi-
b. Poor impulse control. faceted problem that threatens the health and well being of the
Filipinos across all levels of society. The Comprehensive Dangerous
Drugs Act of 2002 or Republic Act No. 9165 was enacted to add more Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs
teeth on the government response to the ongoing problem on drug refers to the Prohibited drugs, Regulated drugs and Volatile
abuse in the country. This is the major arm of the government in its substances.
law enforcement approaches that derived from the supply and Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its
demand reduction strategies. derivatives, Hallucinogen drugs like MJ, LSD, and Mescaline
Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers
REPUBLIC ACT NO. 9165: Important Features Volatile Substances – ex. rugby, paints, thinner, glue, gasoline
R.A. 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2002 (Approved on June 7, 2002 - Effective July 4, 2002) Table 8. What are the Unlawful Acts and Penalties?
Opium Marquis test Purple/Violet Field Test for Cocaine, Demerol and Methadone
Heroin Nitric Acid Yellow-Green This field test for cocaine, demerol and methadone was
Morphin Nitric Acid Red Orange
Cocaine Cobalt Thiocyanate Blue
developed by the U.S. Customs Laboratory, in Baltimore, Maryland in
Barbiturates Dille-Kopanyi test Violet 1961 and has been successful use since then.
Or the Zwikker test Blue color The field test is based on a modification of the well-known
Amphetamines Marquis test Red/Orange -Brown cobalt thiocyanate color test that produces a blue color in the
LSD Para Amino BenZoic Acid(PABA) Purple presence of cocaine. The customs field test is a stable single-solution
Marijuana Duquenois-Levine test or KN Test Red Bottom layer
Shabu Symone’s test Purple
version of the thiocyanate test and is the most specific cocaine color
test available at this time.
The field test is not intended to replace more specific
FIELD DRUG TESTING laboratory determination and should be used only as a preliminary
test. Some non-narcotic substances, such as certain antihistamines,
Field Tests for Methadone are known to give a color with cobalt thiocyanate.
This narcotic drug, known also as Amidone, Dolophine and di- The test is simple to perform. The ampul should be broken at
6 dimethylamide-4, 4- diphenyl-3-heptanone hydrochloride, can be the point where the glass is scored and the powdered sample
detected in the presence of some other drugs by employing the introduced into the open end of the half of the ampul should NOT BE
reagent and technique as set forth below. After solution is effected, SHAKEN. A blue color is indicative of cocaine, demerol or methadone
filtration of the sample is desirable but not essential to the success of give stronger blues than that demerol. For each of the three narcotics,
the strength of their blue in the ampuls is proportionate to their active
content. The ampul contains a dilute acid and should be discarded in - Add a pinch of suspected marijuana to a test tube
a place where water can be used to delute the acid. containing about 2 ml (one teaspoon) Duquenois reagent.
- Add an equal amount (2ml) of concentrated
Field Tests for Marijuana hydrochloric acid. Stir with a glass rod or shake the test
NOTE: Do not rely on chemical tests alone. Always examine tube in a circular motion to mix its contents. CAUTION –
the material with a microscope or hand lens. Cannabis Sativa, or Do not splash acid contents on body or clothing. Allow
marijuana, can be quickly and positively identified by subjecting the the test tube to stand for 10 minutes, or until a color
sample to the following tests: develops.
Microscopic - Using a magnification of approximately 30 - Decant the liquid into a second test tube. Add 2ml of
diameters, the leaves, small twigs, seed hulls and flowering tops chloroform. Stopper and shake. If marijuana is present, a
exhibit a characteristics warty appearance due to the presence of violet or indigo-violet color will be transferred to the
non-glandular hairs which contain at their base called spheriodal bottom (chloroform) layer.
cystolith of calcium carbonate. Adding a drop of diluted hydrochloric Seeds – When a sample consists entirely of seeds, their
acid to the slide and noting the effervescence may show the presence identity alone is not sufficient to bring them within the purview of the
of carbonate. Many of the cystolithic hairs appear in the shape of bear law, which requires them to be fertile. To establish their fertility a
claws. The seed or fruit, deprived of its hull, under the same number of the seeds should be placed in a suitable container with
magnification, presents a mottled effect and gives the viewer the moist paper pulp or wet vermiculite, and place in a warm dark place
impression he is looking at a hulled coconut or nutmeg. A comparison until germination takes place. When reporting a sample containing
with an authentic sample is most desirable. marijuana seeds alone, their fertility should always be stated.
Chemical - The Duquenois-Levine Test has been found to be
the only satisfactory chemical test for the identification of marijuana. Field Test for Amphetamines
The chloroform soluble color developed in this test is due to the This field test for identifying amphetamines is useful in
presence of tetrahydrocannbinol (THC) which is the active principal of screening out caffeine, vitamins, or other substitutes proffered as
the marijuana plant. amphetamines.
Reagents - Duquenois Reagent – Dissolve 5 drops of Test Material – The test material consists of 2 or 3 drops of
acetaldehyde and 0.4 gm. of vanillin in 20 ml of 95% ethyl alcohol. Marquis reagent (2 drops of 37% formaldehyde in 3 ml of
(This reagent may be kept for some time in glass-stoppered bottles in concentrated sulfuric acid) in a small glass ampul.
a cool dark place. It should be discarded after it assumes a deep Test Procedure – Break the ampul at the scored center and
yellow color). place 1 or 2 drops of the reagent on the sample. This should be done
on a glass ashtray, inverted tumbler, etc. Amphetamines react with
the reagent to give a red-orange color, turning to reddish and then Test Material – The Zwikker Test Kit consists of a small plastic
dark brown within 1 or 2 minutes. The reagent gives this bag containing three solutions in plastics dropping bottles and small
characteristics color reaction when applied to white, pink, yellow, porcelain spot plate. Solution # 1 – Anhydours methanol, Solution # 2
peach or green amphetamine tablets. – Cobalt chloride dissolved in methanol, Solution # 3 – 5%
The speed within which the color is formed appears to isopropylamine in methanol. CAUTION: The above solutions are
depend upon the hardness of the tablet. The red-orange color forms volatile and inflammable. They should be kept sealed.
immediately of some tablets while with others it appears in 10 to 20
second. Therefore, the critical period of color differentiation for Test Procedure – The following shall be considered:
amphetamines is within the first 20 seconds. The peach-colored 1. Place part of sample into spot-tester, (enough to cover
caffeine tablet gives a color, which might cause some confusion. The letter “O” on a typewriter key).
difference between the color formed by this tablet by this tablet and 2. Put two drops of solution # 1 on sample in spot-tester.
that formed by a peach-colored amphetamine tablet are crushed (Sample should dissolve.)
before the reagent is applied. Once the difference is seen, there 3. Add two drops of solution # 2 (This may produce a violet
should be no trouble in distinguishing one from the other. or a blue color.)
Amphetamine powder and tablets – Red-orange onset to 4. Add tow drops of solution # 3. (If color deepens to a
reddish brown to dark brown within a couple of minutes, Caffeine darker violet of blue, this indicates presumption presence
powder and tablets - no color reaction, Methamphetamine and tablets of barbiturate.) The solution will become contaminated.
– Red-orange onset to reddish brown to dark brown in 1 to 2 minutes, Wash and dry spot-test plat after use.
Phenyl tertiary butylamine HCI – Same color change as
amphetamines, Wyamine sulfate – Same color change as NARCOTIC DEATH INVESTIGATION
amphetamines. A common occurrence in the drug culture is the death of a
user. Investigation of a narcotic death is divided into three (3) phases:
Field Test for Barbiturates the SCENE investigation, the MEDICAL investigation, and the
TOXICOLOGICAL investigation. An officer involved in such a case
For the tentative identification of the barbiturates, the Zwikker should determine the manner of death, that is, whether homicide,
test is used. Zwikker Test – An anhydrous methanol solution of the suicide or accidental. All of the factors and elements of the scene
barbiturate upon several drops of cobalt chloride in methanol solution must be accurately and completely recorded. This will assist the
gives a bluish color, which changes to dark blue upon being alkalized medical examiner in determining the cause of death.
with a 5% isopropylamine in methanol. The Atkinson Laboratory,
33031 Fierro Street, Los Angeles, California, manufactures a compact Physiological Effect of Narcotic Ingestion
kit that utilized the Zwikker Test.
The ingestion of narcotics or dangerous drugs poisons the and tinfoil packet. Also included are small balls of cotton,
body. This is poisoning effect will leads to a paralysis of the capsules and envelopes, and a book of matches.
respiratory center or cause heart failure. This, the, will deny the body 2. Narcotic Medication – Laudanum, paregoric, codeine cough
a sufficient amount of oxygen. Evident or visible signs, which remain syrup, all utilized as “carryovers” until the next fix.
after death, often accompany the effects of a particular drug on the 3. Maalox –Milk of Magnesia – Medication used to relieve
human body for the trained observe. These signs are result of nausea, vomiting, constipation, cramps or diarrhea.
symptoms experienced by the victim prior to death. Following is a 4. Absence of Nutritional Food – Loss of appetite is a symptom
partial listing of the more dangerous drugs, the minimum lethal dose, of poisoning. Presence of candy or soft drinks indicates low
symptoms and cause of death: insulin count.
5. Body Fluids – Presence of urine, feces, mucus or vomitus on
Poison Symptoms/Cause of Death the scene may be evidence of the body attempting to rid itself
of poisoned substance.
Codeine Nausea, dizziness, Constipation, Respiratory failure 6. Clothing or Bed Linens – which may be sweat-stained or
Heroin & Morphine Sweating, loss of appetite, nausea (Vomiting), soaking wet from the victim having hot and cold flashes,
Constipation, itching, thirst, cyanosis, respiratory failure should be collected and analyzed.
Barbiturates lower body temperature, cyanosis, cold extremities skin 7. Lack of Ordinary Cleanliness – Dependent user is not
rash, constipation, respiratory arrest of pneumonia concerned in most cases with the environment or health, and
Cocaine nausea, vomiting, chills, sweating, thirst, convulsions, this is shown by a neglect of both.
circulatory and respiratory failure 8. Wet Body – Evidence of body being immersed in tub or
Amphetamine Chills, sweating, diarrhea, constipation, nausea, shower, or having ice cubes placed in underclothes or in
vomiting, cramps, thirst, convulsions, petechial hemorrhages private parts. It is a common mistake uses make in thinking
this helps in overdose cases. Salt water may also be injected
The Scene of Death into the victim. Hospitals use Narcan as antidote.
9. Nylon Stoking – Stretched over a hanger used as sieve.
During investigation of the scene, you should recognize and relate 10. Playing Card – with the powder, may have been used to
seemingly insignificant items or material, which would justify a “smack” (cut) heroin. The card is usually on top of a record
conclusion of narcotic involvement. The following are just some of album or similar.
such items: 11. Merchandise – Small items which are easily carried and
1. Paraphernalia (or “works”) – Tools or implements used in disposed of after, being stolen-radios, watches, portable TVs,
administering narcotics. These may include the obvious radios, etc.
syringe and needle, tourniquet, spoon or bottle top “cookies”
The Body Signs Historical date on the victim would include his criminal record
1. Cyanosis – bluish discoloration of the face and /or fingernails (local, national and international and international); medical record (of
due to insufficient oxygenation of the blood caused by a private doctor, hospitals, clinics, etc. and any mental treatment or
increase in carbon dioxide in the body. attempts at suicide); social (relatives, friends, neighbors, co-workers);
2. Petechial Hemorrhages – Pinpoint spots of discoloration marital (past or present); and financial records.
resulting from capability ruptures due to pressure and When interviewing users or person possibly involved in
generally observed in the eyes, eyelids, behind the ears and narcotics traffic, you should use straight language rather than attempt
internally. street talk because slang constantly changes. You must determine the
3. Form or Froth – Observed in mouth and nose, may be white extent of decedent’s addiction, his familiarity with other drugs, whether
or pinkish and caused by fluids entering the air passages. he had a steady source of the drugs or continuously shopped around,
4. Hematoma – A localized swelling on any par to the body and other matters relative to his personal history.
caused by bleeding beneath the surface of the skin. This is
caused by “skin popping” rather that vein injections. Medical Phase
5. Needle marks/tracks – Visual evidence of repeated This is the most important stage of the narcotics death
intravenous injections. The tracks will follow a vein (exception investigation. Since the pathologist will rarely be able to examine the
“skin popping”) and result in a dark discoloration and eventual body at the death scene, you should note every detail, which may be
collapse of the vein. of medico-legal importance and make a complete report on this.
6. Scar – Skin imperfection caused by the victim in removing You should attend the autopsy yourself. Make sure that the
needle mark scabs, added to uncleanness of the victim. following specimens are submitted for narcotics, alcohol or other
7. Rash/scratched Skin – External body signs of morphine or foreign matter. Heroin is quickly changed to morphine after entering
heroin poisoning. the body, and clears the blood in approximately ½ hour remains in the
8. Asphyxia- When it is the cause the death, it is often urine about 24 hours and in the bile for ¾ days.
accompanied by external body changes. These changes,
visible to the naked eye, are not restricted to narcotic-related
deaths and may be found in other asphyxia deaths, such as ORGANIZED CRIME
hearth attack, drowning, hanging, etc. They must be noted,
photographed and reported to the pathologist during the pre-
Organized crime or criminal organizations is a transnational
autopsy interview. grouping of highly centralized enterprises run by criminals for
the purpose of engaging in illegal activity, most commonly for
Victim’s History monetary profit. Define also is any crime committed by a
person occupying, in an established division labor, a position
designed for the commission of crimes providing that such mode, people strive to obtain success by the
division of labor includes at least one position for a corrupter, most pure conventional means available.
one position for a corruptee, and one position for an enforcer.
During innovation, Merton identified a
miniscule, but substantial change in the
White-collar crime has been defined by Edwin Sutherland as
perspective of the people whose mode is still
"a crime committed by a person of respectability and high
in conformity and that of whom has shifted to
social status in the course of his occupation" (1939).
innovation. The people continue to seek
Explaining Organized Crime through Theories Innovation
success; however by innovation they strive to
1. Strain theory-Durkheim's theory of anomie is the basis
obtain the success by taking advantage of
for strain theory, at least in so far as "anomie" is illegal goals available to them in place of less
translated as "deregulation." It should be noted that promising conventional means in order to
control theorists also trace their inspiration to attain success.
Durkheim, and have translated "anomie" as Merton suggested that by the time people
"normlessness." Durkheim's influence has been reach the mode of rebellion, they have
extremely broad in criminology and sociology. His view completely rejected the story that everybody
that social forces caused crime was extremely radical in society can achieve success and have
loomed into a rebellious state. They neither
at the time. Rebellion
trust the valued cultural ends nor the
Strain (structural strain) refers generally to the legitimate societal means used to reach
processes by which inadequate regulation at the success. Instead, these people replace such
societal level filters down to how the individual ideas with irrational objectives to include the
perceives his or her needs. Strain (individual strain) violent overthrow of the system altogether.
refers to the frictions and pains experienced by the Retreatism Identified by Merton as the escapist response
individual as they look for ways to meet their needs of the five modes, retreatism occurs when
(the motivational mechanism that causes crime). people become practically dropouts of
society. They give up all goals and efforts to
The theory assumes fairly uniform economic success achieve success because they view it as an
aspirations across social class and the theory attempts to impractical, impossible, almost imaginary,
explain why crime is concentrated among the lower classes and irrational possibility. Merton attributes this
that have the least legitimate opportunities for achievement. mode as the one to which drug addicts,
Conformity Merton recognized conformity as the most alcoholics, vagrants, and the severely mental
common type of the five modes. During this ill function because their reactions to not
being able to obtain success by legitimate and/or neighborhoods (although nothing prohibits such
means represses them from society. theories from being couched at the "macro" level to talk
During ritualism, the final mode, people about all of society). It has its origins in the study of
realize that they have no real opportunity to ecology, which is the examination of relations between
advance in society and accept the little an organism and its environment.
relevance that they have. It is in this mode 4. Cultural deviance theory: The major tenet of cultural
that people concentrate on retaining what deviance theory is that conformity to the prevailing
little they possibly gained or still have in place
cultural norms of lower class society causes crime.
of concentrating on a higher yield of success.
They return to adhering to conventional Lower class subculture has a unique set of values and
Ritualism beliefs, which are invariably in conflict with
norms in hopes of maintaining the few
possessions or possible gains that they have conventional social norms. Criminality is an expression
attained. For many members of the urban of conformity to lower class subcultural values.
lower socioeconomic populous and Members of the working class commit crimes as they
disadvantaged minorities this period of short- respond to the cultural norms of their own class in an
lived and slightly increased gains takes nearly
a lifetime to obtain and to recognize its worth effort to deal with problems of social –middle class-
in a modern industrial society. adjustment.
5. Labeling theory: people become criminals when
2. Sutherlands Differential Association Theory suggests significant members of society label them as such and
that people commit crime by learning in a social they accept those labels as a personal identity.
context through their interactions with others and Throughout their lives people are given a variety of
communication with them. He believed criminal symbolic labels in their interactions with others. These
behaviour is learned by interaction with others, and this labels imply a variety of behaviors and attitudes; labels
includes learning the techniques of committing the thus help define not just one trait but the whole person.
crime, and the motives, drives, rationalizations, and If a devalued status is conferred by a significant other,
attitudes for committing it. the negative label may cause permanent harm to the
3. SOCIAL DISORGANIZATION THEORIES OF CRIME- target. Being perceived as a social deviant may affect
It basically refers to the failure of social institutions or their treatment at home, at work, at school and in the
social organizations (e.g., schools, business, policing, other social situations. Labeled persons may find
real estate, group networking) in certain communities themselves turning to others similarly stigmatized for
support and companionship. Law is differentially Triads, the Albanian Mafia, Bosnian mafia, the Japanese
applied, benefiting those who hold economic and social Yakuza, the Neapolitan Camorra, the Calabrian 'Ndrangheta,
power and penalizing the powerless. Labeling theory is the Indian Mafia, the Unione Corse, Serbian Mafia, and the
Bulgarian mafia. There are also a number of localized mafia
not concerned with why people originally engage in act
organizations around the world bearing no link to any specific
that result in their being labeled. Its concern is with racial background.
criminal career formation and not the origin of criminal
acts. A person is deviant primarily because of the Sicilian Mafia (based in Sicily)
social distance between the labeler and the labeled.
6. Social Control Theory as represented in the work of The Sicilian Mafia formed in the mid-1800s to unify the Sicilian
Travis Hirschi- It proposes that exploiting the process peasants against their enemies. In Sicily, the word Mafia tends
to mean “manly.” The Sicilian Mafia changed from a group of
of socialization and social learning builds self-control
honorable Sicilian men to an organized criminal group in the
and reduces the inclination to indulge in behavior 1920s.
recognized as antisocial. Refers also as to those
processes by which the community influences its Camorra or Neapolitan Mafia (based in Naples)
members toward conformance with established norm
of behavior. The word “Camorra” means gang. The Camorra first appeared
7. Differential-opportunity theory- observations that in the mid-1800s in Naples, Italy, as a prison gang. Once
released, members formed clans in the cities and continued to
legitimate opportunities to pursue culturally approved
grow in power. The Camorra has more than 100 clans and
goals are socially structured and unevenly distributed— approximately 7,000 members, making it the largest of the
especially by class. Differential-opportunity theory Italian organized crime groups.
extends this notion of socially structured unequal
access to delinquency and criminality. ’Ndrangheta or Calabrian Mafia (based in Calabria)
Mafia is a term used to describe a number of criminal
organizations around the world. The first organization to bear The word “’Ndrangheta” comes from the Greek meaning
courage or loyalty. The ’Ndrangheta formed in the 1860s when
the label was the Sicilian Mafia based in Italy, known to its
a group of Sicilians was banished from the island by the Italian
members as Cosa Nostra government. They settled in Calabria and formed small
criminal groups.
In the United States, "the Mafia" generally refers to the
American Mafia. Other powerful organizations described as Sacra Corona Unita or United Sacred Crown (based in the
mafias include the Russian Mafia, the Irish Mob, the Chinese Puglia region)
2. Keep silent
Law enforcement became aware of the Sacra Corona Unita in
the late 1980s. Like other groups, it started as a prison gang. Any violation of the code, death is the consequence
As its members were released, they settled in the Puglia Asian Criminal Enterprises
region in Italy and continued to grow and form links with other Asian criminal enterprises have been operating in the U.S.
Mafia groups. The Sacra Corona Unita is headquartered in since the early 1900s. The first of these groups evolved from
Brindisi, located in the southeastern region of Puglia. Chinese tongs—social organizations formed by early Chinese-
Organized crime groups, whether traditional mob families or American immigrants.
street gangs, have a number of common There are two categories of Asian criminal enterprises.
characteristics:Organized crime thrives on supplying illegal Traditional criminal enterprises include the Chinese triads (or
goods and services for which a large number of people are underground societies) based in Hong Kong, Taiwan, and
willing to pay. For example, in 1999 an estimated fifteen million Macau as well as the Japanese Yakuza or Boryokudan. Non-
Americans used illegal drugs, 75 percent of whom used traditional criminal enterprises include groups such as
marijuana. The goal of organized crime groups is to make Chinese criminally influenced tongs, triad affiliates, and other
money; members also gain a sense of pride, power, and ethnic Asian street gangs found in several countries with
protection. Groups have what is called a pyramid power sizeable Asian communities.
structure like legal businesses. In legitimate businesses, there Transnational crime refers to crime that takes place across
is a boss called the chief executive officer (CEO), under the national borders
CEO are vice presidents, treasurers, advisors, The word "transnational" describes crimes that are not only
accountants, lawyers, technical staff, and so on. Organized international (that is, crimes that cross borders between
crime has a boss, advisors who work closely with the boss and countries), but crimes that by their nature involve border
assign tasks to different crews, captains who run the different crossings as an essential part of the criminal activity.
crews, soldiers who carry out the physical work and act out Transnational crimes also include crimes that take place in
tasks from collecting money to killing people, and men with one country, but their consequences significantly affect
special skills. another country. Examples of transnational crimes include the
human trafficking, people smuggling, smuggling/trafficking of
Members are extremely loyal and committed; they go through
goods (such as arms trafficking and drug trafficking), sex
initiation rituals, take oaths, and swear to secrecy.
slavery, pedophilia and (non-domestic) terrorism.
Punishment for members who stray might be demotion to a The crime of unlawfully seizing and carrying away a person by
lower rank or, depending on their offense, death. force or Fraud, or seizing and detaining a person against his or
her will with an intent to carry that person away at a later time.
Omerta is the code of the OC which have two major principle
The Philippine jurisprudence defines kidnapping for ransom as
the following are;
“the unlawful taking and carrying away of a person by force or
1. Follow your superior
fraud or against his will, or in any manner depriving him of his
liberty for the purpose of extorting ransom as payment for and Australian federal law enforcement agencies. The
his/her release.” academy provides training to law enforcement agents
How We Combat Asian Criminal Enterprises (FBI) from several Southeast Asian countries.
The FBI participates in different working groups and initiatives
Crimes committed by the organized criminal.
to combat Asian organized crime on an international level:
The FBI/National Police Agency of Japan Working 1. Kidnapping- However, most cases of kidnapping
Group meets annually to discuss ongoing particularly those undertaken by criminal groups, revealed the
investigations and policy matters for sharing following stages:
intelligence, interagency investigative support, and FBI
extraterritorial operations in Japan. Spotting . The first step in planning a kidnapping operation is
to come up with a shopping list of three to four possible targets
Project Bridge is a working group under Interpol to that are capable of paying a huge amount of ransom. Targets
help member countries coordinate investigations and are usually businessmen of Chinese descent.
information sharing between police agencies to fight
Asian-alien smuggling syndicates. Surveillance . Targets are then subjected to a thorough
surveillance and investigation. The investigation focused on
The Interagency Working Group on Alien
the financial capability, home address and place of work,
Smuggling coordinates policy discussions and
phone numbers, complete description of the vehicle being
examines investigative issues relating to alien
used, travel routes, identities of household helpers, drivers and
smuggling and the trafficking of women and children. It
employees, and personal security of potential targets.
is sponsored by the National Security Council’s Special
Coordination Group on International Crime. Risk analysis and target selection . After a thorough
The International Asian Organized Crime investigation, the group selects one of the targets, which
Conference meets annually, bringing together law present a lower risk and difficulty in ransom negotiation. In
enforcement agencies from around the world to some cases, the group selects the one whom the group had
discuss new trends and exchange ideas on combating gathered the information first. In order to enhance precision in
Asian organized crime. their operation, some group send out members of the
syndicate to apply as drivers, employees, and household helps
The Canadian/United States Cross-Border Crime to gain further access on the target.
Forum addresses cross-border crime issues and
effective coordination between the U.S. and Canadian Seizing of victim . The time allotted for forcibly taking the
law enforcement. victim is usually two to three hours. The victim is usually
The International Law Enforcement Academy in forcibly taken on his/her way to place of work or while going
Bangkok, Thailand, is run with assistance from the FBI home after work. Most of the victims are successfully
intercepted while crossing road intersections or traveling along About the laws
highly traveled streets.
REPUBLIC ACT NO. 9372
Negotiation . Ransom demand may range from PhP1 million AN ACT TO SECURE THE STATE AND PROTECT OUR
to PhP100 million, depending on the paying capacity of the PEOPLE FROM TERRORISM
victim and the operational capability of the group. The weakest
member of the victim's family is usually selected by the Be it enacted by the Senate and House of Representative of
syndicate to act as negotiator, warning the latter not to report the Philippines in Congress Assembled:
the incident to the concerned police authorities. Section 1. Short Title. - This Act shall henceforth be known as
the "Human Security Act of 2007.”
Collection of Ransom. After the ransom has been
negotiated, the group will design a pay-off procedure. The Sec. 3. Terrorism. - Any person who commits an act
ransom is usually brought to a predesignated site. In some punishable under any of the following provisions of the
pay-off situations however, the ransom courier is usually Revised Penal Code:
instructed to bring along a cellular phone for ease of a. Article 122, (Piracy in General and Mutiny in the High Seas
communication during the actual pay-off. There were or in the Philippine Waters);
instances where couriers were given a round-the-bush before
reaching the final pay-off venue. b. Article 134, (Rebellion or Insurrection);
2. Terrorism in the Philippines are conflicts based on political c. Article 134-a, (Coup d' Etat), including acts committed by
issues conducted by rebel organizations against the Philippine private persons;
government, its citizens and supporters. Most terrorism in the d. Article 248, (Murder);
country are conducted by Islamic terrorist groups. The most e. Article 267, (Kidnapping and Serious Illegal Detention);
active terrorist groups in the Philippines are the Moro Islamic
f. Article 324, (Crimes Involving Destruction), or under:
Liberation Front, Moro National Liberation Front, Abu Sayaf,
Rajah Sulaiman Movement and Jemaah Islamiyah. 1. Presidential Decree No. 1613, (The Law on Arson);
2. Republic Act No. 6969, (Toxic Substances and Hazardous
Computer crime refers to any crime that involves a and Nuclear Waste Control Act of 1990);
computer and a network, where the computers may or
may not have played an instrumental part in the 3. Republic Act No. 5207, (Atomic Energy Regulatory and
commission of the crime (Moore 2000). Netcrime Liability Act of 1968);
refers, more precisely, to criminal exploitation of the 4. Republic Act No. 6235, (Anti-Hijacking Law);
Internet.
Law in the Philippines is R.A 9372
5. Presidential Decree No. 532, (Anti-Piracy and Anti-Highway to track down, tap, listen to, intercept, and record
Robbery Law of 1974); and communications, messages, conversations, discussions, or
spoken or written words of any person suspected of the crime
6. Presidential Decree No. 1866, as amended (Decree
of terrorism or the crime of conspiracy to commit terrorism
Codifying the Laws on Illegal and Unlawful Possession,
shall only be granted by the authorizing division of the Court of
Manufacture, Dealing in, Acquisition or Disposition of
Appeals upon an ex-parte written application of a police or of a
Firearms, Ammunitions or Explosives)
law enforcement official who has been duly authorized in
Thereby sowing and creating a condition of widespread and writing by the Anti-Terrorism Council created in Section 53 of
extraordinary fear and panic among the populace, in order to this Act to file such ex parte application, and upon examination
coerce the government to give in to an unlawful demand shall under oath or affirmation of the applicant and the witnesses he
be guilty of the crime of terrorism and shall suffer the penalty may produce to establish:
of forty (40) years of imprisonment, without the benefit of (a) that there is probable cause to believe based on personal
parole as provided for under Act No. 4103, otherwise known knowledge of facts or circumstances that the said crime of
as the Indeterminate Sentence Law, as amended. terrorism or conspiracy to commit terrorism has been
Sec. 7. Surveillance of Suspects and Interception and committed, or is being committed, or is about to be committed;
Recording of Communications. -The provisions of Republic Act (b) that there is probable cause to believe based on personal
No. 4200, (Anti-Wire Tapping Law) to the contrary knowledge of facts or circumstances that evidence, which is
notwithstanding, a police or law enforcement official and the essential to the conviction of any charged or suspected person
members of his team may, upon a written order of the Court of for, or to the solution or prevention of, any such crimes, will be
Appeals, listen to, intercept and record, with the use of any obtained; and
mode, form, kind or type of electronic or other surveillance (c) that there is no other effective means readily available for
equipment or intercepting and tracking devices, or with the use acquiring such evidence.
of any other suitable ways and means for that purpose, any Sec. 9. Classification and Contents of the Order of the Court. -
communication, message, conversation, discussion, or spoken The written order granted by the authorizing division of the
or written words between members of a judicially declared and Court of Appeals as well as its order, if any, to extend or renew
outlawed terrorist organization, association, or group of the same, the original application of the applicant, including his
persons or of any person charged with or suspected of the application to extend or renew, if any, and the written
crime of terrorism or conspiracy to commit terrorism. authorizations of the Anti-Terrorism Council shall be deemed
Provided, That surveillance, interception and recording of and are hereby declared as classified information: Provided,
communications between lawyers and clients, doctors and That the person being surveilled or whose communications,
patients, journalists and their sources and confidential letters, papers, messages, conversations, discussions, spoken
business correspondence shall not be authorized. or written words and effects have been monitored, listened to,
Sec. 8. Formal Application for Judicial Authorization. - The bugged or recorded by law enforcement authorities has the
written order of the authorizing division of the Court of Appeals right to be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she intends as well as all written notes or memoranda made in connection
to do so, the legality of the interference before the Court of therewith, shall, within forty-eight (48) hours after the
Appeals which issued the written order. The written order of expiration of the period fixed in the written order of the
the authorizing division of the Court of Appeals shall specify authorizing division of the Court of Appeals or within forty-eight
the following: (48) hours after the expiration of any extension or renewal
(a) the identity, such as name and address, if known, of the granted by the authorizing division of the Court of Appeals, be
charged or suspected person whose communications, deposited with the authorizing Division of the Court of Appeals
messages, conversations, discussions, or spoken or written in a sealed envelope or sealed package, as the case may be,
words are to be tracked down, tapped, listened to, intercepted, and shall be accompanied by a joint affidavit of the applicant
and recorded and, in the case of radio, electronic, or police or law enforcement official and the members of his
telephonic (whether wireless or otherwise) communications, team.
messages, conversations, discussions, or spoken or written In case of death of the applicant or in case he is physically
words, the electronic transmission systems or the telephone disabled to execute the required affidavit, the one next in rank
numbers to be tracked down, tapped, listened to, intercepted, to the applicant among the members of the team named in the
and recorded and their locations or if the person suspected of written order of the authorizing division of the Court of Appeals
the crime of terrorism or conspiracy to commit terrorism is not shall execute with the members of the team that required
fully known, such person shall be subject to continuous affidavit.
surveillance provided there is a reasonable ground to do so; It shall be unlawful for any person, police officer or any
(b) the identity (name, address, and the police or law custodian of the tapes, discs and recording, and their excerpts
enforcement organization) of the police or of the law and summaries, written notes or memoranda to copy in
enforcement official, including the individual identity (names, whatever form, to remove, delete, expunge, incinerate, shred
addresses, and the police or law enforcement organization) of or destroy in any manner the items enumerated above in
the members of his team, judicially authorized to track down, whole or in part under any pretext whatsoever.
tap, listen to, intercept, and record the communications, Any person who removes, deletes, expunges, incinerates,
messages, conversations, discussions, or spoken or written shreds or destroys the items enumerated above shall suffer a
words; penalty of not less than six years and one day to twelve (12)
(c) the offense or offenses committed, or being committed, or years of imprisonment.
sought to be prevented; and Sec. 17. Proscription of Terrorist Organizations, Association,
(d) the length of time within which the authorization shall be or Group of Persons. - Any organization, association, or group
used or carried out. of persons organized for the purpose of engaging in terrorism,
Sec. 11. Custody of Intercepted and Recorded or which, although not organized for that purpose, actually
Communications. - All tapes, discs, and recordings made uses the acts to terrorize mentioned in this Act or to sow and
pursuant to the authorization of the authorizing division of the create a condition of widespread and extraordinary fear and
Court of Appeals, including all excerpts and summaries thereof panic among the populace in order to coerce the government
to give in to an unlawful demand shall, upon application of the "1. there is no underlying legal or trade obligation, purpose
Department of Justice before a competent Regional Trial or economic justification;
Court, with due notice and opportunity to be heard given to the
"2. the client is not properly identified;
organization, association, or group of persons concerned, be
declared as a terrorist and outlawed organization, association, "3. the amount involved is not commensurate with the
or group of persons by the said Regional Trial Court. business or financial capacity of the client;
3. MONEY LAUNDERING "4. taking into account all known circumstances, it may be
perceived that the client's transaction is structured in order to
Nature –
avoid being the subject of reporting requirements under the
The term "money laundering" does not derive, as is
Act;
often said, from Al Capone having used laundromats to
hide ill-gotten gains. It is more likely to mean that dirty "5. any circumstance relating to the transaction which is
money is made clean. At some point in the process observed to deviate from the profile of the client and/or the
there must be a switch between the two; necessarily client's past transactions with the covered institution;
the art is to keep that switch hidden. "6. the transaction is in any way related to an unlawful
Law on the PhilippinesREPUBLIC ACT NO. 9194 activity or offense under this Act that is about to be, is being or
AN ACT AMENDING REPUBLIC ACT NO. 9160, has been committed; or
OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING
ACT OF 2001" "7. any transaction that is similar or analogous to any of the
foregoing."
Section 1. Sec. 3, paragraph (b), of Republic Act No. 9160 is
hereby amended as follows: "SEC. 4. Money Laundering Offense. — Money laundering is
a crime whereby the proceeds of an unlawful activity as herein
"(b) 'Covered transaction' is a transaction in cash or other defined are transacted, thereby making them appear to have
equivalent monetary instrument involving a total amount in originated from legitimate sources. It is committed by the
excess of Five hundred thousand pesos (P500,000.00) within following
one (1) banking day."
"(a) Any person knowing that any monetary instrument or
Sec. 2. Sec. 3 of the same Act is further amended by property represents, involves, or relates to, the proceeds of
inserting between paragraphs (b) and (c) a new paragraph any unlawful activity, transacts or attempts to transact said
designated as (b-1) to read as follows: monetary instrument or property.
"(b-1) 'Suspicious transaction' are transactions with covered "(b) Any person knowing that any monetary instrument or
institutions, regardless of the amounts involved, where any of property involves the proceeds of any unlawful activity,
the following circumstances exist: performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in "(4) to cause the filing of complaints with the Department of
paragraph (a) above. Justice or the Ombudsman for the prosecution of money
laundering offenses;
"(c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed "(5) to investigate suspicious transactions and covered
with the Anti-Money Laundering Council (AMLC), fails to do transactions deemed suspicious after an investigation by
so." AMLC, money laundering activities, and other violations of this
Act;
Sec. 5. Sec. 7 of the same Act is hereby amended as
follows: "(6) to apply before the Court of Appeals, ex parte, for the
freezing of any monetary instrument or property alleged to be
"SEC. 7. Creation of Anti-Money Laundering Council
the proceeds of any unlawful activity as defined in Sec. 3(i)
(AMLC). — The Anti-Money Laundering Council is hereby
hereof;
created and shall be composed of the Governor of the Bangko
Sentral ng Pilipinas as chairman, the Commissioner of the "(7) to implement such measures as may be necessary and
Insurance Commission and the Chairman of the Securities and justified under this Act to counteract money laundering;
Exchange Commission as members. The AMLC shall act
"(8) to receive and take action in respect of, any request
unanimously in the discharge of its functions as defined
from foreign states for assistance in their own anti-money
hereunder:
laundering operations provided in this Act;
"(1) to require and receive covered or suspicious transaction
"(9) to develop educational programs on the pernicious
reports from covered institutions;
effects of money laundering, the methods and techniques
"(2) to issue orders addressed to the appropriate Supervising used in money laundering, the viable means of preventing
Authority or the covered institution to determine the true money laundering and the effective ways of prosecuting and
identity of the owner of any monetary instrument or property punishing offenders;
subject of a covered transaction or suspicious transaction
"(10) to enlist the assistance of any branch, department,
report or request for assistance from a foreign State, or
bureau, office, agency or instrumentality of the government,
believed by the Council, on the basis of substantial evidence,
including government-owned and -controlled corporations, in
to be, in whole or in part, wherever located, representing,
undertaking any and all anti-money laundering operations,
involving, or related to, directly or indirectly, in any manner or
which may include the use of its personnel, facilities and
by any means, the proceeds of an unlawful activity.
resources for the more resolute prevention, detection and
"(3) to institute civil forfeiture proceedings and all other investigation of money laundering offenses and prosecution of
remedial proceedings through the Office of the Solicitor offenders; and
General;
"(11) to impose administrative sanctions for the violation of AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
laws, rules, regulations and orders and resolutions issued PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
pursuant thereto." PURPOSES.
Sec. 4. Acts of Trafficking in Persons. — It shall be
SEC. 10. Freezing of Monetary Instrument or Property. —
unlawful for any person, natural or judicial, to commit any of
The Court of Appeals, upon application ex parte by the AMLC
the following acts.
and after determination that probable cause exists that any
(a) To recruit, transport, transfer, harbor, provide, or
monetary instrument or property is in any way related to an
receive a person by any means, including those done under
unlawful activity as defined in Sec. 3(i) hereof, may issue a
the pretext of domestic or overseas employment or training
freeze order which shall be effective immediately. The freeze
or apprenticeship, for the purpose of prostitution,
order shall be for a period of twenty (20) days unless extended
pornography, sexual exploitation, forced labor, slavery,
by the court."
involuntary servitude or debt bondage;
4. Human Trafficking in person
(b) To introduce or match for money, profit, or material,
refers to the recruitment, transportation, transfer or economic or other consideration, any person or, as
harboring, or receipt of arsons with or without the provided for under Republic Act No. 6955, any Filipino
victim's consent or knowledge, within or across national women to a foreign national, for marriage for the purpose of
borders by means of threat or use of force, or other acquiring, buying, offering, selling or trading him/her to
forms of coercion, abduction, fraud, deception, abuse engage in prostitution, pornography, sexual exploitation,
of power or of position, taking advantage of the forced labor, slavery, involuntary servitude or debt
vulnerability of the persons, or, the giving or receiving bondage;
of payments or benefits to achieve the consent of a (c) To offer or contract marriage, real or simulated, for the
person having control over another person for the purpose of acquiring, buying, offering, selling, or trading
purpose of exploitation which includes at a minimum, them to engage in prostitution, pornography, sexual
the exploitation or the prostitution of others or other exploitation, forced labor or slavery, involuntary servitude or
forms of sexual exploitation, forced labor or services, debt bondage;
slavery, servitude or the removal or sale of organs. (d) To undertake or organize tours and travel plans
Law in the Philippines consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
REPUBLIC ACT NO. 9208
(e) To maintain or hire a person to engage in prostitution
AN ACT TO INSTITUTE POLICIES TO ELIMINATE
or pornography;
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
(f) To adopt or facilitate the adoption of persons for the
CHILDREN, ESTABLISHING THE NECESSARY
purpose of prostitution, pornography, sexual exploitation,
INSTITUTIONAL MECHANISMS FOR THE PROTECTION
forced labor, slavery, involuntary servitude or debt (c) Unauthorized Access Device – means any access
bondage; device that is stolen, lost, expired, revoked, canceled,
(g) To recruit, hire, adopt, transport or abduct a person, suspended, or obtained with intent to defraud;
by means of threat or use of force, fraud deceit, violence,
coercion, or intimidation for the purpose of removal or sale (d) Access Device Fraudulently Applied for – means
of organs of said person; and any access device that was applied for or issued on
(h) To recruit, transport or adopt a child to engage in account of the use of falsified document, false
armed activities in the Philippines or abroad. information, fictitious identities and addresses, or any
form of false pretense or misrepresentation;
5. Illegal Accessed of Devices (e) Consumer – means a natural person;
Republic Act No. 8484 February 11, 1998
AN ACT REGULATING THE ISSUANCE AND USE OF (f) Credit Card – means any card, plate, coupon book,
ACCESS DEVICES, PROHIBITING FRAUDULENT ACTS or other credit device existing for the purpose of
COMMITTED RELATIVE THERETO, PROVIDING obtaining money, goods, property, labor or services or
PENALTIES AND FOR OTHER PURPOSES anything of value on credit;
Section 3. Definition of terms. – For purposes of this Act, the (g) Device Making or Altering Equipment – means any
terms: equipment, mechanism or impression designed or
primarily used for making or altering or reencoding an
(a) Access Device – means any card, plate, code,
access device or a counterfeit access device;
account number, electronic serial number, personal
identification number, or other telecommunications (h) Finance Charges – represent the amount to be paid
service, equipment, or instrumental identifier, or other by the debtor incident to the extension of credit such as
means of account access that can be used to obtain interest or discounts, collection fees, credit
money, good, services, or any other thing of value or to investigation fees, and other service charges;
initiate a transfer of funds (other than a transfer
originated solely by paper instrument); (i) Open-end-credit plan – means a consumer credit
extended on an account pursuant to a plan under
(b) Counterfeit Access Device – means any access which:
device that is counterfeit, fictitious, altered, or forged,
or an identifiable component of an access device or 1) the creditor may permit the person to make purchase or
counterfeit access device; obtain loans, from time to time, directly from the creditor or
indirectly by use of credit card, or other service;
2) the person has the privilege of paying the balance; or (h) multiple imprinting on more than one transaction record,
sales slip or similar document, thereby making it appear that
3) a finance charge may be computed by the creditor from the device holder has entered into a transaction other than
time to time on an unpaid balance. those which said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant, an order to
(j) Penalty Charges – means such amount, in addition to collect from the issuer of the access device, such extra sales
interest, imposed on the credit card holder for non-payment of slip through an affiliated merchant who connives therewith, or,
an account within a prescribed period; under false pretenses of being an affiliated merchant, present
(k) Produce – includes design, alter, authenticate, duplicate or for collection such sales slips, and similar documents;
assemble; and (i) disclosing any information imprinted on the access device,
such as, but not limited to, the account number or name or
(l) Trafficking – means transferring, or otherwise disposing of, address of the device holder, without the latter's authority or
to another, or obtaining control of, with intent to transfer or permission;
dispose of. (j) obtaining money or anything of value through the use of an
access device, with intent to defraud or with intent to gain and
Section 9. Prohibited Acts. – The following acts shall constitute
fleeing thereafter;
access device fraud and are hereby declared to be unlawful:
(k) having in one's possession, without authority from the
(a) producing, using, trafficking in one or more counterfeit
owner of the access device or the access device company, an
access devices;
access device, or any material, such as slips, carbon paper, or
(b) trafficking in one or more unauthorized access devices or
any other medium, on which the access device is written,
access devices fraudulently applied for;
printed, embossed, or otherwise indicated;
(c) using, with intent to defraud, an unauthorized access
(l) writing or causing to be written on sales slips, approval
device;
numbers from the issuer of the access device of the fact of
(d) using an access device fraudulently applied for;
approval, where in fact no such approval was given, or where,
(e) possessing one or more counterfeit access devices or
if given, what is written is deliberately different from the
access devices fraudulently applied for;
approval actually given;
(f) producing, trafficking in, having control or custody of, or
(m) making any alteration, without the access device holder's
possessing device-making or altering equipment without being
authority, of any amount or other information written on the
in the business or employment, which lawfully deals with the
sales slip;
manufacture, issuance, or distribution of such equipment;
(n) effecting transaction, with one or more access devices
(g) inducing, enticing, permitting or in any manner allowing
issued to another person or persons, to receive payment or
another, for consideration or otherwise to produce, use, traffic
any other thing of value;
in counterfeit access devices, unauthorized access devices or
(o) without the authorization of the issuer of the access device,
access devices fraudulently applied for;
soliciting a person for the purpose of:
1) offering an access device; or Section 4. Importation of Dangerous Drugs and/or Controlled
2) selling information regarding or an application to obtain an Precursors and Essential Chemicals.
access device; or
Section 6. Maintenance of a Den, Dive or Resort. –
(p) without the authorization of the credit card system member
or its agent, causing or arranging for another person to present Section 7. Employees and Visitors of a Den, Dive or Resort
to the member or its agent, for payment, one or more evidence Section 8. Manufacture of Dangerous Drugs and/or Controlled
or records of transactions made by credit card. Precursors and Essential Chemicals
6. Smuggling
is the clandestine transportation of goods or persons Section 9. Illegal Chemical Diversion of Controlled Precursors
past a point where prohibited, such as out of a building, and Essential Chemicals.
into a prison, or across an international border, in Section 10. Manufacture or Delivery of Equipment, Instrument,
violation of applicable laws or other regulations. Apparatus, and Other Paraphernalia for Dangerous Drugs
There are various motivations to smuggle. These and/or Controlled Precursors and Essential Chemicals.
include the participation in illegal trade, such as drugs,
illegal immigration or emigration, tax evasion, providing Section 11. Possession of Dangerous Drugs.
contraband to a prison inmate, or the theft of the items Section 16. Cultivation or Culture of Plants Classified as
being smuggled. Examples of non-financial motivations Dangerous Drugs or are Sources Thereof.
include bringing banned items past a security
checkpoint (such as airline security) or the removal of 8. Gambling
classified documents from a government or corporate
office. Title Six of the RPC
7. Drug Trafficking
The illegal drug trade is a global black market in the CRIMES AGAINST PUBLIC MORALS
cultivation, manufacture, distribution and sale of those Gambling is the wagering of money or something of material
substances which are subject to drug prohibition laws. value (referred to as "the stakes") on an event with an
Law in the Philippine uncertain outcome with the primary intent of winning additional
REPUBLIC ACT NO. 9165 June 7, 2002 money and/or material goods. Typically, the outcome of the
AN ACT INSTITUTING THE COMPREHENSIVE wager is evident within a short period.
DANGEROUS DRUGS ACT OF 2002, REPEALING Chapter One
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE GAMBLING AND BETTING
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, • Presidential Decree No. 449 Cockfighting Law of 1974.
PROVIDING FUNDS THEREFOR, AND FOR OTHER This law took effect on May 9, 1974. It governs the
PURPOSES
Illegal acts
establishment, operations, maintenance and ownership about the country or the streets without visible means
of cockpits. of support;
• Presidential Decree No. 483 Penalizes betting, game- • 3. Any idle or dissolute person who ledges in houses of
fixing or point shaving and machinations in sports ill fame; ruffians or pimps and those who habitually
contests. It took effect on June 13,1974. associate with prostitutes;
• Presidential Decree No. 519 Outlaws pinball and slot • 4. Any person who, not being included in the provisions
machines and other similar devices and nullifies all of other articles of this Code, shall be found loitering in
existing permits and/or licenses to operate the same. It any inhabited or uninhabited place belonging to
took effect on July 23, 1974. another without any lawful or justifiable purpose;
9. PROSTITUTION • 5. Prostitutes.
• For the purposes of this article, women who, for money
Prostitution is the act or practice of providing sexual or profit, habitually indulge in sexual intercourse or
services with another person in return for payment.
lascivious conduct, are deemed to be prostitutes.
Persons who execute such activity are called
prostitutes. Prostitution is one of the branches of the • Any person found guilty of any of the offenses covered
sex industry. Estimates place the annual revenue by this articles shall be punished by arresto menor or a
generated from the global prostitution industry to be fine not exceeding 200 pesos, and in case of
over $100 billion. recidivism, by arresto mayor in its medium period to
TYPES OF PROSTITUTES prision correctional in its minimum period or a fine
• CALL GIRL ranging from 200 to 2,000 pesos, or both, in the
• HUSTLER discretion of the court.
• DOOR KNOCKER
• FACTORY GIRL Computer crime, or cybercrime
• Art. 202. Vagrants and prostitutes; penalty. — The refers to any crime that involves a computer and a
following are vagrants: network, where the computers may or may not have
played an instrumental part in the commission of a
• 1. Any person having no apparent means of
crime.[1] Netcrime refers, more precisely, to criminal
subsistence, who has the physical ability to work and exploitation of the Internet.[2] Issues surrounding this
who neglects to apply himself or herself to some lawful type of crime have become high-profile, particularly
calling; those surrounding hacking, copyright infringement,
• 2. Any person found loitering about public or semi- child pornography, and child grooming. There are also
public buildings or places or trampling or wandering
problems of privacy when confidential information is Section 1. This Act shall be known and may be cited
lost or intercepted, lawfully or otherwise. as the "Anti-Carnapping Act of 1972."
Section 2. Definition of terms. The terms "carnapping",
REPUBLIC ACT NO. 8792 June 14, 2000 "motor vehicle", "defacing or tampering with",
AN ACT PROVIDING AND USE OF ELECTRONIC "repainting", "body-building", "remodeling",
COMMERCIAL AND NON-COMMERCIAL "dismantling", and "overhauling", as used in this Act,
TRANSACTIONS, PENALTIES FOR UNLAWFUL shall be understood, respectively, to mean
USE THEREOF, AND OTHER PURPOSES "Carnapping" is the taking, with intent to gain, of a
motor vehicle belonging to another without the latter's
Section 4. Sphere of Application- This Act shall apply consent, or by means of violence against or
to any kind of electronic document used in the context intimidation of persons, or by using force upon things.
of commercial and non-commercial activities to include
domestic and international dealings, transactions, ORGANIZED CRIME IN THE PHILIPPINES"
arrangements, agreements contracts and exchanges • Francisco Group which is formerly the Dragon or the
and storage of information. Kuratong Baleleng Group, now led by Manuel Francisco, with
66 members armed with assorted type of high powered
Carnapping firearms and operates in the cities of Cagayan De Oro,
Most of the vehicles were carnapped in parking lots, Pagadian and Dipolog, and other neighboring cities and
residential areas and middle class subdivisions. Car municipalities in the Mindanao (in southern Philippines), Cebu
theft usually occurred between 2 o'clock and 4 o'clock in Visayas (in Central Philippines), and Metro Manila in Luzon
in the morning due to following reasons: inadequate (in northern Philippines). The group is engaged in
police visibility, street parking opportunity, natural robbery/hold-up, carnapping, illegal drugs trafficking, and
advantage during nighttime for criminal elements, and smuggling of rice and sugar.
lack of appropriate security measures in residential • Pentagon Group headed by Tahir Alonto with around 168
areas. These vehicles were later either sold after armed members, engaged primarily in KFR and operates in
acquiring falsified documents or dismantled and sold Mindanao. This group is a creation of the Moro Islamic
as used parts. Some stolen vehicles were forcibly Liberation Front (MILF). It was organized not only to generate
taken, usually by OCGs who would eventually abandon funds for the latter through illegal means but also insulate the
them after completing one criminal operation. MILF from accusations that its members are involved in purely
criminal acts. Its leader, Tahir Alonto is the former planning
REPUBLIC ACT No. 6539 and operations office of the BIAF and the nephew of MILF's
AN ACT PREVENTING AND PENALIZING Chairman Al Haj Murad. Relatedly, there are other members of
CARNAPPING the group who are listed as members of the MILF.
• Lexus Group , a carnapping group with around 37 members Usually, the bank robbers stage the heist wearing bonnets and
operating in NCR, and Regions 3 and 4, all in Luzon. usually utilize Asian utility vehicles during their operation. The
• Rex “Wacky” Salud Group with 30 members operating in group in most cases uses two sets of vehicles, one being used
Cebu, engaged in illegal gambling and the Vicviv Yu Group on their way to the bank while another will be used as their
with 16 members operating in Central Visayas and also get-away vehicle.
engaged in illegal gambling.
Robbery/hold-up Interpol role is OC
As of October 2003, there are 45 bank robbery incidents Interpol acts as a central repository for professional and
recorded nationwide, or one (1) incident per week, with the technical expertise on transnational organized crime and as a
perpetrators carting a total loot of around PhP44.8 million. clearinghouse for the collection, collation, analysis and
Compared to similar period in 2002, bank robbery incidents dissemination of information relating to organized crime and
increased by 13 percent. Metro Manila or NCR registered the criminal organizations. It also monitors the organized crime
highest with 20 recorded incidents. Operations conducted situation on a global basis and co-ordinates international
against these groups resulted in the arrest of 18 persons, to investigations.
include 12 members of the Kuratong Baleleng Group who INTERPOL currently has projects targeting
were responsible in the series of bank robberies in Metro organized/specialized crime in five areas of high activity:
Manila. Project Millennium – targeting Eurasian criminal
Bank robbery groups are considered as the most organized organizations
among the crime groups. They are usually composed of
hardened criminals and/or personalities of tested daring Project AOC – targeting Asian criminal organizations
capabilities. Members are trained to follow and executed
minute details of a well-planned operation. Usually, all Project Scream – targeting serial murders and rapists
members are heavily armed and ready to forcibly douse any
opposition. Project Bada – targeting maritime piracy
The robbery group initially places the target bank under a
thorough casing and surveillance, week or even months in Project Pink Panthers - Armed Jewellery Robberies
advance. The peak and lean hours in the bank; the time of committed by nationals of former Yugoslavia
relief of security personnel; expected resistance; individual
characteristic, traits and weaknesses of every personnel;
estimated cash in teller's booth and inside the safe; and ASEAN Plan Of Action To Combat Transnational Crime
detailed sketch of the whole bank premises are observed and The general objective of the Action Plan is to encourage
studied. In case of armored vans, the group closely observes ASEAN Member Countries to expand their efforts in combating
the time and route of movements of the vehicle. transnational crime at the national and bilateral levels to the
regional level. As espoused in the ASEAN Declaration on
Transnational Crime, the overall focus of ASEAN collaboration ORGANIZED CRIMES – Systemically planned and
will be to strengthen regional commitment and capacity to prepared criminal acts committed through distributing
combat transnational crimes which include terrorism, drug responsibilities among members of a criminal organization,
trafficking, arms smuggling, money laundering, trafficking in through a long term activities using intimidation, violence or
persons and piracy. This is in recognition of the fact that corruption regardless of national borders, for he purpose of
tackling transnational crime requires a concerted regional
financial profit or social power. Therefore, based on the above
effort in view of its global dimension and pervasive nature.
Besides, such efforts will assist in complementing and definitions, crime group may sometimes be referred to as
contributing to the national and bilateral efforts undertaken by syndicate.
Member Countries in combating such crime. Organized Crime – is a criminal activity by an
enduring structure or organization developed and
Organized Crimes devoted primarily to the pursuit of profits through
Questions have been raised as to the difference of illegal means. It is sometimes referred to as the
organized crimes groups and syndicated crime groups since the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA
two have been interchangeably used in a number of our laws.
Actually there is none-probably only misuse of words.
NOSTRA”, which are known as “the enemy with in”,
Clarifications may be achieved however, it we look into the “the 2nd government”, “the 5th estate” or the “Crime
definition of each critical term; confederation”. The term Cosa Nostra (literally means
ORGANIZATION – is a complex set of people and functions “one thing”) or mafia is use to signify organized
interrelated in hierarchical structure specifically for the purpose crimes, and one of the varieties names for either mob
of attaining goals. or syndicate. A strict code of conduct governs their
SYNDICATE – is a body of persons associated for some
design and undertaking which is usually a bold and difficult
behavior called the “OMERTA” – the mafia code of
one. secrecy, and informal, unwritten code of organized
By its descriptive definition alone, one can safely crime, which demand silence and loyalty, among
deduce that a group maybe a syndicate but may not always be other thing, of family members. (Abandisky, 1991).
an organization. During World Ministerial Conference Whatever be the name, the organization is
on Organized, Transnational Crime held in Naples in 1994, the known to be formal, with division of labor, with
following definition of ORGANIZED CRIME was adopted:
coordination of activities through rules and codes and
with allocation of task in order to achieve illegitimate
goals. The organization seeks profit from crimes and conspiracies; Responsibilities are distributed through
tries to prevent itself from threats, prosecution, and long term activities; and has highly sophisticated
technology.
even punishment from legal authorities.
Our laws, specifically Executive Order Nr. 3 and
Organized Crime – refers to unlawful Executive Order Nr. 8, define Organized/Syndicated Crime
activities of the members of a highly organized, Group as;
disciplined organization engaged in supplying illegal A group composed of two (2) or more persons
goods and services, including but not limited to collaborating, confederating or mutually helping one another
gambling, prostitution, loan sharking, narcotics, labor in the commission of any crime and sometimes enjoying the
protection of people in the government or public service.
racketeering, and other illegal operations of the
In the Philippines, the presence of organized crime as
organization. defined in the US and other countries is very minimal if not
The groups may be characterized as persons of nil. Highly structured criminal conspiracy with well-
decent character, with formal education, having its entrenched contacts in the police, prosecution, judiciary, and in
own social classes from gangsterism to racketeering. other influential positions of the government exist only in the
However, organized crime, based on its international areas of illegal gambling and to some extent, illegal trafficking.
definition, is not exactly synonymous with crime groups or However, crime groups do exist and are engaged in
syndicates – although they may compose organized crime. various illegal activities. These groups are loosely organized
and are more entrepreneurial and opportunistic in nature than
Crime groups or syndicates may not only be classified organized in the structured, hierarchical and disciplined manner
as ORGANIZED if it satisfies the following criteria. employed by such group as the US Cosa Nostra, he Japanese
1. It is composed of hundred of members Boryokudan and the Columbian Cali and Medellin Cartels
2. Its structure is complex as those of any large among others.
corporation The propensity with which we affixed ORGANIZED or
3. It is subject to laws more rigidly enforced than SYNDICATED when we refer to all crime groups or
those of legitimate governments. syndicates is not only misplaced but may unnecessarily create a
picture of unmanageable crime situation in the country. Not to
Its organizations are usually structured along mention our lack of understanding of the nature, attributes, and
hierarchical line – a chieftain supported by close extent of organized crime.
advisors, and then lower echelon members; Its action Therefore, for purposes of accurate monitoring and
are not impulsive, but rather the result of intricate investigation, it is recommended that the meaning of
ORGANIZED/SYNDICATED CRIME GROUPS should followers – each with authority over the level
fall only in the context of a crime group or syndicate. beneath.
Adjectives such as syndicated or organized should therefore be 3. Limited or exclusive membership – it limits
omitted when referring to these criminal elements. membership;
This should not however constrain us from the - based on ethnic background, kinship, race,
awareness that organized crime in criminal activities such criminal record, or similar consideration.
illegal gambling, drug trafficking and others are continuously 4. Perpetuates itself – its constitutes an ongoing
evolving in our country. criminal conspiracy designed to persist through time
– that is , beyond the life of the current membership.
ORGANIZED CRIME IN THE UNITED STATES Permanence – is assumed by the members, and this
Organized Crime – define as any crime committed by a provides an important basis for attracting qualified
person occupying in an established division of labor, a position person to the group, thus perpetuating the groups
designed for the commission of crime providing that such existence.
division of labor includes at least one position for a corrupter, 5. Willingness to use Illegal Violence and Bribery –
one position for a corruptee, and one position for an enforcer. violence is readily available and routinely accepted
1970 US Department of Justice defined the term as “ resource. Access to private violence is an important
All illegal activities engaged in by member of Criminal dimension that allows the group to actively pursue
Syndicates Operative throughout the United States and all its goals.
illegal activities engaged in by known associates and 6. Specialization/Division of Labor – will have certain
confederates of such members”. functional position filled by qualified members. The
- they provide illegal goods and services. position of the enforcer is often crucial. It carries
- Ex.; - gambling, loan sharking, and narcotics or illegal out difficult assignments involving the use of
drugs. violence, including murder, in a rational manner.
Example: fixer and a money mover.
Approaches used by the OCG: Fixer – developing contacts with
1. Nonideological – it is not motivated by social criminal justice and or political officials – or
doctrine, political beliefs, or ideological concerns; arranges for corruption.
its goals are money and power. Money Mover – expert at “laundering”
2. Hierarchical – it has a vertical power structure with illicitly obtained money, disguising its origin
at least three permanent ranks – not just a leader and through a string of transaction and investing it in
legitimate enterprises..
7. Monopolistic – the group eschews competition. American Mafia – a network consists of a
- They monopolize the area, and usually it collection of connected points or junction.
will resorts to violence and corruption of a. At the center of each organized
law enforcement. crime unit (Familia: Family) is the
8. Governed by rules and regulations – it likes a boss (Capo). He is assisted by an
legitimate organization, has a set rules and under boss (sottocapo) and a
regulations that members are expected to follow. councilor (consigliere).
b. Surrounding the boss are his
2 Organizational Models of Organized Crimes clients, the captains (capiregime)
1. Bureaucratic/ Corporate Model c. Orbiting around each captain are
- the mode of organization essential for his clients, the lowest-ranking
efficiently carrying out large – scale task. members, who have been formally
a. a complicated hierarchy initiated into the Family (soldati:
b. an extensive division of labor “made guys”). The member acts as
c. positions assigned on the basis of skill patrons to non members clients.
d. responsibilities carried out in an impersonal Each unit is tied to other Families
manner throughout the country by the
e. extensive written rules and regulation Capo, whose sovereignty is
f. communication from the top of the hierarchy recognized by the other bosses.
to persons on the bottom, usually in written How the Organized Crime Group Works?
form. For the organization to work there must be:
2. Patrimonial/Patron-client Network – is a 1. An enforcer – one who make
characteristic of traditional societies that “centers arrangements foe killing and injuring
around families, patrons and their clients, and other (physically, economically, and
personalistics networks. The emphasis is on psychologically) the members or
traditional rituals that demonstrate the emotional non-members.
bonds among men”. 2. A Corrupter – one who bribes, buys,
Example: Lucchess Crime Family (Vittorio –little intimidates, threatens, negotiates,
Vic-) Amuso of New York) and “sweet talks” into a relationship
The Gambino Crime Family with the police, public officials or
any else who might help the
members security and maintain 3. Community Awareness and Cooperation
immunity from arrest, prosecution
and punishment. RUSSIANS ORGANIZED CRIME
3. A Corruptee – a public official, In contrast to other criminal organization the emergence
usually not a member of the of the Russian organized crime in the United States is simple
organization family, who can wield and unnoticeable. Unlike the farmers and unskilled laborers
influence on behalf of the who composed the majority of earlier immigration to the
organization’s interest. United States, Russian emirgres are generally urban in origin,
Sources of Illegal Profit well-educated, and industrially and technologically skilled”.
The organization gains from goods and services Despite a language barrier, they have marketable skills and
that are of great demand by the society but are have not been closed off from the legitimate ladders of upward
prohibited by law. It includes but not limited to most mobility” Thus Russian-emirgre crime in this country did not
victimless crimes such as illegal drugs, alcohol, grow out of the same cultural alienation and economic
gambling, pornography, and including bank fraud, disparity experience by other immigrant groups. Furthermore,
extortion or racketeering and others. Russian criminals did not begin their criminal careers as
Characteristics of Organized Crimes members of adolescent street gangs in ethnic ghettos, like other
1. It is a conspiracy activity involving criminal groups of Cubans, Mexicans, Jews, Italians and
coordination of members. others. The Russian organized crime groups encompasses any
2. Economic gain is the primary goal. ethnic group-e.g., Armenian, Chechen, Georgian, Jewish,
3. Economic gain is achieved through illegal Latvian, Lithuanian, Tatar, or Ukrainian - from the territory of
means. the former Soviet Union. Parliamentary bodies are riddled with
Criminological Types of Organized Crimes the de facto criminal syndicate representatives, who diligently
1. Traditional Crime Syndicates. block or water down any significant anti-crime legislation.
2. Non-traditional Crime Syndicates While in Italy the word Mafia signifies discreet criminal
3. Semi-Organized Crime organizations with strict hierarchical structures, “in Russia it
4. Politically Controlled Organized Crime has come to mean much more. Here it embraces the noxious
Controlling Organized Crimes blend of crime, politics and business that has engulf Russia
Organized Crimes can be controlled through: since lifting of Communist control”.
1. Law Enforcement effort In Russian law, Organized Crime distinguished in three
2. Organization of Anti-Organized Crime (3) Levels.
measures
1. Gruppirovki _ mainly gangs of 3. Agent’s Reports
extortionist, thieves, swindlers, and Record Exploitation
narcotics traffickers who exhibit a 1. Investigation Reports
rudimentary and episodic structure. 2. Rogues Gallery
2. Prestupnaia organizatsiia – this 3. Modus Operandi File
middle level involves relatively large 4. Transmittal to Prosecutor’s office
formations with connections to 5. Booking sheets
authorities at the regional level. 6. Sworn Statements
3. Soobshchestvo – the highest level 7. Coordination with Government and
has influence extending to multiple Non-governmental offices
regions of the country, often with Identification of Target Personalities
international ties. 1. Identification/Determination of the
individual target personalities;
The breeding and training ground for ROC was established 2. Identification of the organizational
during the communist era, and it is against this background that Profile of the OCG
we must understand the variety of Russian organized crime. 3. Identification of all residences, safe
Citizens of the former Soviet Unions were deprived of a work houses, havens and possible rest
ethic – “We pretend to work; they pretend to pay us” – ans recreation areas.
scheme to survive. For the average Russian, the consequence Case-Build-Up
of honesty was deprivation. “In Russia government both of 1. Documentation of targets with
Tzars and that of the Communist state represented derogatory info/record and/or
totalitarianism in one form or another where individual pending cases;
freedom was suppressed. As such, like invading foreigners of 2. Documentation of targets with
Sicily, the internal government system of Russia has made the warrants/order of arrest;
Russian, like the Sicilian, distrustful of government”. 3. Documentation of all cases
committed by Targets with the end-
PROCEDURE AND TECHNIQUES in-view of filing cases before the
Intelligence Build-up proper forum.
Validation of Intelligence Negation Phase
1. Summary 1. Prioritizing targets;
2. Order of Battle 2. Arrest/search before filing the case
3. Arrest/Search after filing the case; THE BUSINESSES OF ORGANIZED CRIME
and
4. counter-action Goods and Services or Extortion
a. Simultaneous The business of organized crime has been described as
b. Maximum paralyzing effects providing as providing goods and services that happen to be
against the OCG illegal. According to the Task Force on Organized Crime
(1967) “the core of organized crime activity is the supplying
5. Where police operations result to of goods and service – gambling, loan sharking, narcotics,
injuries or death of suspect; and other forms of vice – to countless number of citizen
a. Immediate evacuation of customers.”
injured suspect should be Organized crime has a relationship with the purveyors
made to the nearest hospital of illegal goods and services that is extortionate: the business
b. The Team Leader should of organized crime is extortion, and those criminals who
designate the investigator he provide goods and services are its victims. (Thomas Schelling).
assistance of the SOCO A bookmaker operating in an area dominated by an OC unit
preparatory to the conduct of will be required to pay for “privilege” of doing business – or
the Inquest by the Duty suffer from violence (or perhaps a raid by corrupt police). The
Inquest Prosecutor OC unit merely “licenses” the business, and the bookmaker or
c. In the absence 0of the Inquest other criminal purchases a “license” through the payment of
Prosecutor, the investigator “street taxes” to avoid beaten or killed (or subjected to police
should prepare the harassment).
investigation report, Gambling
supported by affidavits and Gambling includes a wide array of games of chance and
pieces of evidence and sporting events on which wagers are made. Some of these are
transmit the same to the legal-for example, state-licensed horse-and dog-racing tracks
Office of the Prosecutor and government-operated off-track betting parlors. Most state
having jurisdiction of the operate lotteries, and dozens license casino gambling. State,
place of the incident for county, and municipal governments earn a great deal of money
appropriate action. from these authorized gambling activities. At the same time,
there are unauthorized (illegal) gambling operations whose
control is the responsibility of the same governments.
Bookmaking organized crime control over bookmaking. However, most
Bookmakers “books” bets on two types of events – horse illegal wagering today involves sports, as opposed to horse
sometimes dog races and sporting events such as football, racing, and bets are made by telephone or over the Internet.
basketball, baseball, and boxing. In earlier days, “horse Payoffs are made the day after the event, so prompt results
parlors” or “wire rooms” neighborhood outlets, were often set provided by the wire service are no longer relevant.
up in the back of a legitimate business. Results coming in over Lotteries/Numbers – e method of raising money by the sale of
the wire service were posted on a large chalkboard for waiting large number of ticket s and subsequent chance selection of
bettors. Today, most bets are place by telephone directly or certain ones entitling the bearers of these to a prize. In 1612,
through a roving “handbook,” “runner”, or “sheet writer” who King James 1 authorized a lottery to promote the colony of
transmit the bet to the bookmaker. To maintain security, some Virginia. The lottery was used to help finance the
bookmakers change locations frequently, often monthly, and/or Revolutionary War. Many of America’s outstanding
they may use cellular telephones. Many use a “call-back” institutions of higher learning were supported through the use
system. The bettor calls an answering service or answering of lotteries.Policy is based on drawing numbers from 1 to 78 by
machine and leaves his or her number. The bookmaker returns spinning a wheel. Twelve to fifteen numbers are drawn, and
the call from a variety of locations, and the bet is placed. players bet that from one to four numbers in various sequences
Horse-Race Wagering – is the oldest of the major will be among those drawn. Bets are typically small, but when
bookmaking activities, illegal horse-race wagering ranks a policy operation is controlled by a syndicate, the total profits
behind sports wagering. This discrepancy has increased with can be quite large.
the advent of legalized off-track betting in places such as New Casino Gambling and Related Activities – this requires a
York, Connecticut, and Illinois. great deal of planning, space, personnel, equipment, and
Sports Wagering – is the king of bookmaking, although the financing (with a wide array of games of chance, including
net profit for the bookmaker is typically less than 5 percent. As roulette, chuck-a-luck, blackjack, and craps). In the past,
in other forms of bookmaking, the sports bookmaker seeks to casino, gambling was available in wide “wide-open towns”
act as a broker, not a gambler. such as Newport, Kentucky, and Phoenix City, Alabama, and
Organized Crime and Bookmaking – in an earlier period, on a more discreet level in Saratoga springs, New York, and
bookmaking was an important source of income for organized Hot springs, Arkansas. Some cities have a tradition of holding
crime. OC units ran the operation directly “Las Vegas Nights,” events often run under the auspices of, or
with the approval and protection of an organized crime unit,
7 using the legitimate front of a religious or charitable
or “l icensed” syndicate bookmakers, and the wire service that organization. The operators provide gambling devices,
provided instant race results was an important source of
personnel, and financing, and they share some of the profits legal because they do not dispense money. Payoffs are
with the sponsoring organization. provided by the proprietor (or bar tender) surreptitiously.
OC operatives may also organize or sponsor card or dice Loan sharking (Usury) – derives by the word “Shylock” as
games, taking a cut out of every pot for their services. These depicted in Shakespeare’s writing that there were no Jewish
may be in a permanent location such as a social club or moneylenders in England – all Jews had been expelled from
veterans’ hall, or, for security reasons, may “float” from place that country by Edward I in 1290, and they did not return until
to place. The games may be operated in the home of a person 1650’s. The name “Shylock” reportedly became slurred by
in debt to a loan shark as a form of paying off the loan. illiterate criminals into “shark”, and the word loan shark was
Las Vegas and New Jersey – in 1931 the state of Nevada, born.
desperate for tax revenue during the Great Depression, Neshek – was Hebrew term for interet, to bite, something for
legalized gambling and established licensing procedures for which sharks are noted.
those wishing to wishing to operate gambling establishments. Between 1880 and 1915, a practice known as “salary lending”
Las Vegas “served principally as a comfort station for tourists thrived in the United States. This quasi-legal business provided
fleeing the desert heat”. Then came Bugsy Siegel, the first loans to salaried workers at usurious rates. The collection of
important criminal to recognize the potential from legalized debts was ensured by having the borrower sign a variety of
gambling in Nevada. Operating out of California, “ from about complicated legal documents that subjected him or her to the
1942 until the time of his death, Siegel controlled the wire- possibility of being sued and losing employment.
service in Las Vegas through Moe Sedway, an ex-convict, Loan sharking embodies two central features; the assessment
gambler, and long time associate of many New York mobsters, of exorbitant interest rates in extending credit; and the use
who Siegel brought to Las Vegas. Through control of the wire of threats and violence in collecting debts.
service, Siegel controlled the operations of all handbooks
operating in Las Vegas. He refused wire service to any book Payday loans – salary lending; takes advantage of people who
unless he or his agents operated and managed it” (Kefauver are willing to pay high interest rates to get small , short-term
1951 a:91) loans, which many banks no longer offer.
Miscellaneous Gambling
Bingo – is one of the miscellaneous gambling; this is played Theft and Fencing
purportedly to raise funds for charitable causes, bingo is also a Stolen Securities – in the late 1960s and early 1970s saw a
source of profits for organized crime. dramatic increase in the volume of securities being traded,
Video poker machines are very popular, often a staple in which provided a lucrative source of income for organized
many bars or taverns. This operates like slot machines but is crime. Because of the large volume of trade, security grew lax.
Paperwork’s began to back up. And brokerage houses and
banks were frequently totally unaware that hundreds of or by business officials, may also be committed by
thousands of dollars worth of securities were being taken from other persons or organizational entities, and which
their vaults. Thus, the securities were not even reported as damage some protected or otherwise significant
missing for several months. Employees with gambling or loan aspect of the natural environment.
shark debts or those merely seeking to supplement their 3. Occupational crimes – any act punishable by law,
incomes found a ready market for such “papers”. All that was which is committed through opportunity created in
needed was an OC connection. In some cases, armed robbery the course of an occupation that is legal.
or “give ups” (faked robberies) of messengers were used.
Fencing – it provides a readily available outlet for marketing Classification of Occupational Crime:
stolen (hot) merchandise. He thus provides an incentive for 1. Organizational Occupational Crime – crimes
thieves and may also organize, finance, and direct their committed for benefit of the entire organization in
operations. such instance only the organization of the employer,
CRIMES IN THE MODERN WORLD not individual employees.
The crimes in the modern world represent the 2. State Authority Occupational Crime – crimes by
latest and the most dangerous manifestations of the something- officials through the exercise of their state-based
for-nothing-complex problems of society. This includes authority. Such crime is occupation specific, and
Organized Crimes, White-Collar Crimes, Conventional can only be committed by person in public office or
Crimes, and the victimless Crimes. by working for such persons.
3. Professional Occupational Crime – crimes by
WHITE-COLLAR CRIMES professionals in their capacity as professionals. The
Erwin Sutherland defines white-collar crime – as crimes of physicians, attorneys, psychologists, and
criminal acts committed by a person of respectability and high the like are included here.
social status in the course of his or her occupation. 4. Individual Occupational Crime – crimes by
Forms of White-Collar Crimes individuals as individuals which include income tax
1. Corporate crimes – the violation of a criminal evasion, theft of goods and services by employees,
statute either by a corporate entity or by its the filing of false expense report, and the like.
executives, employees or agents, acting on behalf of Occupational crimes also refer to:
and for the benefit of the corporation, partnership or a. White-collar crime (Sutherland)
other business entity. b. A vocational crime – committed by one who does
2. Environmental Crimes – violation of criminal law not think for himself as criminal and whose major
which, although typically committed by businesses source of income is something other than crime.
c. Corporate crime – committed by corporate officials 2. Enforcement Reforms – reform center on the
for their corporations and the offenses of the belief that white-collar criminals must be severely
corporation itself. published, but also include such things as better
d. Economic crime – illegal activity that principally funding for enforcement agencies dealing with
involves deceit, misrepresentation, concealment, white-collar crime, and insulation of enforcement
manipulation, breach of trust and illegal personnel from undue political violations.
circumvention. 3. Structural Reforms – involves basic changes in
e. Organizational crime – illegal actions taken in corporate structure to make white-collar crime more
accordance with operative organizational goals that difficult to commit such as selective nationalization
seriously harm employees or the general public. of firms that have long records of criminal
f. Upper-world crime – law-breaking acts, committed violations.
by those who, due to their positions in the structure, 4. Political Reforms – focus on eliminating campaign
have obtained specialized kinds of occupational contributions from corporations and businesses, but
slots essential for the commission of these offenses. also include the level of fairness in determining
government grants and contracts, the government
Dealing with White-Collar Crimes must serve as a police itself. This includes the
Gary Green pointed out that professional criminals enforcement of laws and regulation of the activities
would probably continue to enjoy immunity from of elected officials and administrative personnel.
prosecution. Hence, they are unlikely to be deterred by
sanction or threat and are unlikely to be formally disqualified THE CONVENTIONAL CRIMES
by their professional organizations. They will therefore feel Conventional crimes are groups of crimes categorized
free and be free to continue or begin their activities. as violent crimes (index crimes) and property crimes.
James W. Coleman suggests four areas of reform, Violent crimes are criminal acts, which in the threat of
which white-collar crime might be effectively addressed: or actual physical harm by an offender to a victim. It presents
1. Ethical Reforms – reform include such things as not only index offenses that every one recognizes as violent
working to establish stronger and more persuasive (murder, rape, robbery) or other acts involving force and
codes of business ethics. Courses in ethical intimidation but also “violent crimes” that are commonly
businesses might be offered in universities, and categorized as “social problem” such as domestic violence,
corporations could school their employees in right child abuse, elder abuse, etc.
livelihood. Violent acts are in the forms of:
1. Interpersonal Violence
- Forcible Rape
- Serious Assault, Family Violence, Robbery 1. Serial Murder – an act of involving killing of
several victims in three or more separate incidents
2. Political Violence over a week, a month or a year.
- Terrorism 2. Mass Murder – it is the killing of four or more
victims at one location with one event.
3. Collective Violence 3. Spree Murder – the killing of in two or more
- Riots, Mobs, Crowds locations with almost no time break between
- Urban Violence murders.
B. Homicide and Assault
Property Crimes – are crimes of economic interest. It includes Homicide – is also unlawful killing without the
those crimes that would most commonly be categorized as theft qualifying circumstances of murder. It is generally
in ordinary language. It also includes but not limited to regarded as the most commonly committed of all the
offenses such as unlawful entry to commit theft, shoplifting, index crimes (based on the UCR offenses).
vandalism, and arson. Assault – is called “unlawful attack” to another
Property crimes are also in the forms of: person purposely to harm or inflict physical injuries. It
1. Occasional Property Crimes is a crime that involves offering to give bodily harm to
- Shoplifting, Vandalism a person or placing the person or placing the person in
- Motor vehicle theft, Check Forgery fear.
2. Conventional Property Crimes C. Robbery
- Burglary/unlawful entry to commit theft INTERPOL defined robbery as “violent theft”.
- Fence It is the taking of property belonging to another with
- Larceny/Theft intent to gain by means of force upon things, violence
3. Destructive Property Crimes of intimidation against the person.
- Arson Kinds of Robbery
Violent Crimes (Index Crimes) 1. Robbery of Person – “hold up cases”
`A. Murder 2. Robbery in open place following sudden
Murder - is the unlawful killing of human being attack – “snatching Cases”
with malice and with the “act of violence). 3. Robbery in private premises – “forcible
entry”
Types of Murder:
4. Robbery after preliminary association of
short duration between victims and offender
5. Robbery in case of previous association
between victim and offender
Types of Robbers
1. The Professional Robber – robber who has
long-term commitment to the crime of
robbery as a major source of livelihood.
2. The opportunist – the commonly known as
“bandits”, one who has little commitment to
or specialization in robbery and one who is
all purpose property offender.
3. The Addict Robber – one who can commit
the crime of robbery to support their drug
habit? (Unplanned)
4. The Alcoholic Robber – like the addict
robber who engages to robbery occasionally
in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared
robbers. They are semi-professional robbers
who are sometimes called “strong armed
robbers” – the street robbers who commit
everything from snatching to the
brutalization of the victim.