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CDI 1 - FUNDAMENTAL

OF CRIMINAL
INVESTIGATION AND
INTELLIGENCE
CDI 1
INVESTIGATION
➢ Investigation also meant literally as the act or process of careful inquiry or
research; and defined by Webster’s as the systematic examination of some
scientific detail or question whether by experiment or mathematical
treatment.
➢ Investigation encompasses as a patient, systematic (step-by-step) and
careful/thorough examination of something or someone.

III- CONCEPT AND PRINCIPLES OF CRIMINAL INVESTIGATION


CRIMINAL INVESTIGATION - is an art which deals with the identity and location of
the offender and provides evidence of guilt through criminal proceedings.
INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim:
▪ to identify the guilty party;
▪ to locate the guilty party; and
▪ to provide evidence of his guilt..

Criminal Investigator - is a public safety officer who is tasked to conduct the


investigation of all criminal cases as provided for and embodied under the
Revised Penal Code/ Criminal Laws and Special Laws which are criminal in
nature.
In the performance of his duties, the investigator must seek to establish the six (6)
cardinal points
of investigation. (5 W’s & 1 H) ◻ WHAT specific offense has been committed?
➢ WHERE is the crime committed?
➢ WHEN is the crime committed?
➢ WHY it was committed?
➢ WHO committed the crime?
➢ HOW it was committed?

THE TOOLS OF INVESTIGATION (3 I’S)


Information - is the knowledge/ data gathered by the investigator from
records and persons.
Interview/Interrogation – the art of questioning whether casual or skillful
Instrumentation – scientific examination of real evidence, application of
instruments and methods of physical sciences in detecting crime. It is the
sum total of the application of all sciences in investigation known as
“Criminalistics”.

Sources of Information:
➢ Regular Sources - acquired from open sources, records, files
➢ Cultivated Sources - furnished by informants/ informer
➢ Grapevine Sources - coming from underworld characters such as prisoners
or criminals

INFORMER DISTINGUISHED FROM INFORMANT


◻ Informer is one who furnished information to the investigator mainly for
purposes of reward or remuneration while Informant provides information
to the prober voluntarily without any consideration. Moreover, an informer
is regularly paid while informant is not.

IV- THE ART OF OBTAINING INFORMATION:


INTERVIEW
◻ It is a simple inquiry/ conversation-type elicitation of information from a
willing victims/ witnesses relevant to a certain crime/ incident/ event
under investigation.

The IRONIC Format of Interview:


• Identity
• Rapport
• Opening Statement
• Narration
• Inquiry
• Conclusions

INTERROGATION
◻ is the skillful questioning of a hostile person suspecting of having
committed an offense or a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation.

LEGAL REQUIREMENTS OF INTERROGATION


The statement of the subject must obtain voluntarily and trustworthy and not
by means or use of threat, fear, coercion, duress or any improper tactics which
will vitiate the free will of the subject.

Sec. 12, Art. III of 1987 Philippine Constitution


➢ Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have a
competent counsel, preferably of his own choice. If the person cannot afford
the services of counsel, he must be provided with one. These right cannot
be waived except in writing and in the presence of counsel.
➢ No torture, force, violence, thereat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention is
prohibited.
➢ Any confession or admission obtained in violation of this or Section 17
thereof shall be inadmissible in evidence against him.

Custodial Investigation
➢ any questioning initiated by law enforcement officers after the person has
been taken into custody or otherwise deprived of his freedom of action in
any significant way.
➢ The questioning of the suspect or person believed to have been
committed a crime after he was taken into custody.

REPUBLIC ACT NO. 7438 - Rights of the Person Arrested, Detained or under Custodial
Investigation:
➢ Right to remain silent
➢ The right to have a competent and independent counsel, preferably of
his own choice who shall at all time be allowed to confer privately with
the person arrested, detained, or under custodial investigation
➢ If such person cannot afford the service of his/her counsel, he must be
provided with a competent and independent counsel by the
investigating officer
➢ Shall be allowed visits by or conferences with any members of his
immediate family

CONFESSION AND ADMISSION:


Confession - It is the direct acknowledgement of guilt arising from the
commission of a crime. A statement of the suspect directly acknowledging his
guilt

Admission - A self-incriminatory statement by the subject falling short of an


acknowledging guilt. It may be a direct acknowledgement of the truth of the
guilty fact as charge or of some essential part of the commission of the criminal
act itself

Types of Confession:
➢ Judicial Confession
➢ Extra-Judicial Confession

SURVEILLANCE
A clandestine observation of persons, places or vehicles for purposes of
obtaining information.
Three General Kinds of Surveillance:
Tailing or Shadowing Casing or
Reconnaissance
Undercover Operation or Roping

PHASES OF INVESTIGATION:
Phase I: Identify the suspect/s through
(1)confession;
(2)eyewitnes testimony;
(3)circumstantial evidence; and
(4)associate evidence;
Phase II: Locate and apprehend the suspect/s
Phase III: Gather and provide evidence to establish the guilt of the accused. In
proving the guilt of the accused in court, the fact of the existence of the crime
must be established; the accused must be identified and associated with the
crime scene; competent and credible witnesses must be available; and the
physical evidence must be appropriately identified. The investigator must know
by heart the elements of a specific crime.

Kinds of Criminals Identified by Witnesses:


➢ Known Criminals (fugitive) - these are criminals whose pictures are
available from police files and records.
Unknown Criminals (fugitive) - these are criminals whose identification are
furnished by eyewitness only.

Procedures of identification by eyewitness:


➢ Physical/Police line-up - means of selecting a suspect mixed with a group
of innocent persons usually composed of 7-10 individuals. The purpose of
line-up is to eliminate the power of suggestion.
➢ Physical show-up - only one person is shown to the witness usually at the
scene of the crime and made immediately after the arrest of the suspect.
Methods of Identification by Witness (PRAG)
➢ Portrait Parle (Verbal Description) –French word of “speaking likeness”,
depends on the ability of the witness to observe, describe and compare
➢ Rogues Gallery – the use of photographic files, successful if there is an
existing photograph of the suspect on police files
➢ Artist/Cartographic Sketch – the witness and prober develop a picture of
the criminal with the help of skilled cartographer. (Composite
Criminal Illustration)
➢ General Photograph – variety of facial types showing different features of
the face is presented to the witness by the investigator

GENERAL PRINCIPLES OF CRIME SCENE INVESTIGATION


Crime Scene – A venue or place where the alleged crime/incident/event has
been committed and the most valuable physical evidence can be found.
Primary Scene -where original or first criminal act occurred; where the dead
body was found
Secondary Scene - any places associated with but
other than primary crime scene.

LOCARD’S EXCHANGE PRINCIPLE:


(Edmond Locard)
➢ When two objects come into contact, there is always a transfer of material
from one to the another
➢ It states that whenever someone enters or exits an environment,
something physical is added to and removed from the scene.

PHYSICAL EVIDENCE
➢ are articles and materials w/c are found in connection w/ the investigation
and w/c aid in establishing the identity of the perpetrator or the
circumstances under w/c the crime was committed
➢ It may be material left or taken from the scene of a crime by the suspect
or victim, or it might be an impression left in some material

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS


• Corpus Delicti - is the body of the crime or fact of specific loss or injury
sustained. It constitutes the essential parts or elements in the
commission of the crime.
• Associative Evidence - these are the pieces of evidence that will link
the suspect to the crime scene. The suspect may leave some clues at
the scene such as weapons, tools, garments.
• Tracing Evidence - articles which assist the investigator in locating the
criminal. (Ex. Items containing the identity of the suspect.)

CRIME SCENE INVESTIGATION


➢ Is a comprehensive inquiry of a crime by conducting systematic procedure
of various investigative methodologies which involves recovery of physical
and testimonial evidence for the purpose of identifying the witnesses, and
arrest of perpetrator(s) for prosecution.
When does CSI commence?
➢ CSI shall technically commence upon the arrival of the FRs and conclude
with the lifting of the security cordon and release of the crime scene by
the IOC;

Scene of the Crime Operation (SOCO) – a unit within the PNP w/c is responsible
in processing significant crime scene w/c are sensational in nature.

First Responders (FRs) - the very first person to arrive and respond at the crime
scene.
– Must be able to properly preserve the crime scene in order to get maximum
scientific information that will help in the successful prosecution of the
perpetrator of the crime.

The priorities of the FR’s upon arrival at the scene:


➢ Save lives and give first aid
➢ Arrest the perpetrator/suspects
➢ Cordon the crime scene and preserve valuable evidences.

GOLDEN RULE AT CRIME SCENE INVESTIGATION


“Never touch, move, or alter any object at the crime scene unless it has been
photographed, measured and sketched from any conceivable angle”.

Crime Scene Documentation: (1) Note Taking, (2) Photographing and (3) Sketching

Crime Scene Photography:


➢ It is conducted to create an accurate, objective, visual and permanent
record of the crime scene before any item is moved or removed as possible
physical evidence. It is recommended to take as many photographs as you
can be giving emphasis to possible physical evidence.

3 MAJOR TYPES OF PICTORIAL VIEWS


➢ General View or Long-Range -photograph of the overall scene. It will depict
the location of the crime.
Distance: From the doorway to the room and other corners of the room
➢ Mid-Range Photograph –shows the nature of the crime. (Distance: 8 or 10 ft.
from the victim)
➢ Close-Up Photograph –shows the details of the crime. (Distance: 5 ft. or less
from the subject/ object)

CRIME SCENE SKETCH


◻ It is the graphic representation of the scene of the crime with complete
measurements of the relative distances of relevant object and conditions
obtaining therein.

General Kinds of Sketch:


Rough Sketch - it is made by the investigator at the crime scene which is full of
important details but without scale of proportion
- Basis for the finished sketch
- It is the first pencil-drawn outline of the scene and the location of
objects and evidence within its outline

Finished Sketch - Is often drawn by a draftsman to show proper relationships and


scales. The finished sketch is more presentable for court presentations. (CLE 0415)

ELEMENTS OF SKETCH
➢ Measurement
➢ Compass direction
➢ Essential items
➢ Scale and proportion
➢ Legend
➢ Title

SPECIFIC KINDS OF SKETCHES


▪ Sketch of Locality/ Neighborhood Sketch -gives picture of the scene, the
crime and its environs, including neighboring buildings, roads, etc.
▪ Sketch of the Ground/ Floor Plan/ Overview -picture of the scene of the
crime with its nearest physical surrounding.
▪ Sketch in Details -the immediate scene only.
▪ Exploded/ Cross projection -gives the clear impression of the scene in
cases where blood stains or bullet holes are found.

TYPES OF MEASUREMENT
➢ Triangulation Method - An object is located by drawing two straight lines from
two fixed points creating a triangle; the object is in an angle formed by the
line. This sketching method requires measuring the distance of an object
along a straight line from two widely separated fixed reference points.
➢ Rectangular Method – This method uses two walls in a room as fixed points,
from which distances are measured at right angle to the object.
➢ Baseline or Coordinate Method - A sketching method that makes
measurements along from a single reference line called a baseline, which
can be established by using a length of string, chalk line, or some other
convenient means.
➢ Compass Point Method – A sketching method that requires a protractor or
some method of measuring angles between two lines. One point is selected
as the origin and a line extending from the origin becomes an axis from which
the angles can be measured.
➢ Cross Projection Method - A sketching method in which the ceiling appears
to open up like a lid of hinged box, with the four walls opening outward.
Measurements are then indicated from a point on the floor to the wall.
➢ Azimuth/Polar Coordinates – this method requires two people; one hold each
end of a tape measure. This is best suited for large pen areas where there
might not be any reference points by using a handheld GPS (global
positioning system).

METHODS OF CRIME SCENE SEARCH


➢ Strip Search Method - In this method, the area is blocked out in the form of
a rectangle. The three (3) Searchers A, B, and C, proceed slowly at the same
pace along paths parallel to one side of the rectangle. When a piece of
evidence is found, the finder announces his discovery and the search must
stop until the evidence has been cared for.
➢ Double Strip Search Method - The double strip or grid method of search is a
modification of the Strip Search Method. Here, the rectangle is traversed
first parallel to the base then parallel to a side. It is useful for large crime
scene, particularly out door scenes.
➢ Spiral Search Method - In this method, the three searchers follow each other
along the path of a spiral, beginning on the outside and spiraling in toward
the center.
➢ Zone Search Method/Quadrant or Sector - In this method, one searcher is
assigned to each subdivision of a quadrant, and then each quadrant is cut
into another set of quadrants.
➢ Wheel Search Method/Pie, Radial, or Spoke - In this method of search, the
area is considered to be approximately circular. The searchers gather at the
center and proceed outward
➢ Point-to-Point – searcher will stand in a straight line & move forward
together.

Collection, Marking, Tagging and Preservation of Evidence:


Collection of Evidence - This is accomplished after the search is completed; rough
sketch finished and photographs taken. Fragile evidence should be collected as
they are found. All firearms (FAs) found to have tampered serial numbers (SNs)
shall be automatically subjected to macro etching at the Philippine National
Police Crime Laboratory (PNP-CL). A corresponding request to the Firearms and
Explosive Office (FEO) must be made for verification purposes.

Marking of Evidence. Any physical evidence obtained must be marked or tagged


before its submission to the evidence custodian. The investigator places his initials,
the date and time of the discovery on each item of evidence for proper
identification. Markings on the specimen: o Exhibit Case Number o Initials &
Signature of the collecting officer. o Time & date of collection

Tagging of Evidence. It is done through movable object/s wherein marking on


any of its surface is not possible. Tag must contain the markings and other
information about the specimen.
Preservation of Evidence. It is the investigator’s responsibility to ensure that every
precaution is exercised to preserved physical evidence in the state in w/c it was
obtained/recovered until it is released to the evidence custodian.

Conduct of Final Survey


The team leader makes a final review on the crime scene to determine
whether or not the processing has been completed.

Release of the Crime Scene


The release of the crime scene is done if the investigator is satisfied that all
pieces of evidence have been recovered. He must bear in mind that upon the
formal release of the crime scene to the proper authority, the warrant is already
required for his re-entry to the crime scene.

I. Nature of Intelligence Function


▪ Intelligence is responsible in procuring and obtaining political, economic,
psychological, sociological, military and other information which may bear
upon, national interest and which had been collected by the different
government and agencies.
▪ Intelligence is knowledge and powerful it can prevent war and cause one it
can help in crime control and crime prevention.
Basic Concepts

A. Intelligence
▪ As an activity- The organized effort to collect information, to assess it little
by little, and piece it together until it forms larger and clear patterns.
▪ As a product- The end product resulting from the collection, evaluation,
analysis, integration, and interpretation of all available information which may
have immediate or potential significance to the development and execution
of plan, policies and programs of the user.
▪ As an organization- An institution composes of persons who pursue of
preparing plans or formulating policies.

Police Intelligence – The end product resulting from the collection, evaluation,
analysis, integration and interpretation of all available information regarding the
activities of criminals and other law violators for the purpose of affecting their arrest,
obtaining evidence, and forestalling plan to commit crimes.

I. Historical Developments of Intelligence


The first intelligence operation recorded in history is found in the Holy Bible.

A. Number 13:17-32, Old Testament (Holy Bible) - Moses sent twelve (12) scouts to the
land of Canaan where he detected directed them to spy the land, the people and
their location and the nature of their cities.
B. Sun Tzu- “Those who know themselves as well they know their enemies will
never suffer defeat". In his book "Art of War".
C. Delilah- A biblical personality who was able to gain information by using her
beauty and charm. She was responsible for the fall of Samson a known Israelite
leader who terrorized the Philistines.
D. Sir Arthur Wellesly- Duke of Wellington, who defeated Napoleon's at
Waterloo in 1815. Regarded as the "Greatest Military Spymaster at All Time". He
live by the motto; "All the business of war is to find out what you don’t know by
what you do." He always studied the enemy in depth, finding out not only
where the opposing army was and how strong it was, but the character of it's
commander, the spirit and training of its troops, their battle experience, and
how they were supplied with arms and rations. He also studied and mapped
the roads, rivers and topography of the war theatre.
E. Frederick the Great - "Father of Organized Military Espionage". He divided his
agents into four classes.
▪ Common Spies- recruited among poor folk, glad to earn a small sum or
to accommodate a military officer;
▪ Double Spies- the low informers and unreliable renegades of value chiefly in
spreading false information to the enemy;
▪ Spies of Consequences - courtier and noblemen, staff officers and kindred
conspirators always requiring a considerable bribe or bat
▪ Persons who are forced to undertake espionage against their will.
F. Alexander the Great- A renowned Greek conqueror had his share of
advance information when rumors of discontent circulated from among the
ranks of his men. He was able to identify those disloyal ones by ordering the
communication letters opened and was successful in curtailing the decline of
esprit de corps and morale of his men.

G. Sir Francis Walsingham of England- Protector of Queen Elizabeth I who


organized the secret police and established a spy network to detect fleet
movement of enemies of the British Empire particularly the Portuguese. Regarded
as the "First Great Spymaster", a ruthless in the cause, he was responsible for the
assassination, murdering and execution of people who covertly betrayed the
queen.
H. Karl Schulmeister- famous as "Napoleon's Eye". He was credited for
establishing counter intelligence conducted against spies. He is a master of
deceit who used black mail to obtain vital information pertaining to the
personality and identify of the enemies of Napoleon during the 18th Century
I. Joseph Petrosino- Member, New York Police Department in early 1900, he was
the head of the Italian Squad. Through extensive intelligence network, he is
credited to smash the Black Society.
J. Joseph Fouche- The French statesman Joseph Fouche (1759 - 1820) served as
minister of police under Napoleon and was influential in the return of Louis XVIII
to the throne in 1815.
K. Admiral Yamamoto- April 1943, the Cryptanalysts of the U.S. Navy
Communications Intelligence interpreted a top secret signal relaying the travel
of the Admiral. En route ha was intercepted and crashed in the Jungles of
Baungainville.
L. Herbert Yadley- Head of the MI-8, The forerunner of the Top Secret National
Security Administration a.k.a Black Chamber, a Cryptanalytic Organization.
M. Napoleon Bonaparte- "One Spy in the right place is worth 20,000 men in the
field". He organized two Bureau of Interest.
N. Akbar- The "Great Mogul" and wise master of Hindustan employed more than
4,000 agents for the sole purpose of bringing him the truth that his throne
might rest upon it.
O. Battle of Midway- In June 1442, the turning point of the Naval in the Pacific,
the victory gained by the Americans was due to the disrupted messages from
the Imperial Japanese Navy.
P. V2 - RACKETS - OSS agents working in conjunction with the British
Intelligence, though penetration and technical intelligence discovered
Pneumundo, which was the V2 guide missile research project of Nazi Germany.
It results to its destruction and heavy bombing.
Q. Julius Ceasar- During his time, the staff of each legion includes ten
"speculators" who served as an information-collecting agency. The
"speculators" were the first intelligence personnel to appear definitely in a
military organization. Military success of the Romans was aided by
communication system. Made use of carrier pigeons, which made possible the
amazing speed with which intelligence of the Imperial Rome was transmitted.
They also employed ciphers to ensure secrecy of communications.
R. Wilhelm Johann Karl Eduard Steiber- Known as the Prussia's "King of
Sleuthhounds" as minister of police he studied the use of propaganda and
censorship as well as utilizing statistical intelligence accounting. Steiber's
thorough organization and ruthless, his sinister innovations and cold,
calculating manipulation of human weakness made him the spymaster who
most shape the course of the 20th century espionage.
S. Alfred Redl- A homosexual Double Spy who while working as intelligence direct
proof Austria and Hungary, spied the Russians. His treasons activities were
discovered and compelled to commit suicide. His spying led to the death of
over 500,000 agents and soldiers combined in his 13 years episode as a spy.
T. Sir Samuel Luke - Chief Scout of Oliver Cromwell who was able to dethrone
King Charles I in British Civil War of 1640's. Sir Samuel Luke was said to be
industrious in snooping on the enemy.
U. John Churchill - first duke of Malborough, told critics of his enormous
expenditure on espionage, that “No war can be conducted successfully without
early and good intelligence, and such advices cannot be had but a very great
expense".
V. Edward I- An English monarch who started utilizing English informants
especially to determine seditious writings against the crown and identify
W. George Washington - under oath abounds in the history of every nation.
George Washington as Grand Master mobilized the free masons of the colonies
at the outbreak of the American war of Independence.
A. Most Outstanding Intelligence Agencies

Intelligence Agency is an effective instrument of a national power.


Aggressive intelligence is its primary weapon to destabilize the target. Indeed,
no one knows what the intelligence agencies actually do so figuring out who
the best intelligence service is can be difficult.

10th- Australian Secret Intelligence Service (ASIS)


• Government intelligence of Australia which is responsible for collecting
foreign intelligence undertaking counter-intelligence activities and
cooperation with other intelligence agencies overseas.
• Its primary responsibility is gathering intelligence from mainly Asian and
Pacific interests using agents stationed in a wide variety of areas.
• Its main purpose, as with most agencies, is to protect the country’s political
and economic interests while ensuring safety for the people of Australia
against national threats.

9th - Research and Analysis Wing (R&AW or RAW)


• Research and Analysis Wing is India’s external intelligence agency.
• It was formed in September 1968, as it was evident that a credible
intelligence gathering setup was lacking.
• Its primary function is collection of external intelligence, counter-terrorism
and covert operations.
• In addition, it is responsible for obtaining and analyzing information
about foreign governments, corporations, and persons, in order to
advise Indian foreign policymakers.
• Until the creation of R&AW, the Intelligence Bureau handled both internal
and external intelligence.

8th - General Directorate for External Security


• Directorate General for External Security is France’s external intelligence
agency.
• Operating under the direction of the French ministry of defense, the
agency works alongside the DCRI (the Central Directorate of Interior
Intelligence) in providing intelligence and national security, notably by
performing paramilitary and counterintelligence operations abroad.
• Its primary focus is to gather intelligence from foreign sources to assist in
military and strategic decisions for the country.
• The agency employs more than five thousand people.
7th – Federal Security Service of Russian Federation (FSD)
• The Federal Security Service of Russian Federation (FSD) is the main
domestic security agency of the Russian Federation and the main
successor agency of the Soviet-era Cheka, NKVD and KGB.
• The FSD is involved in counter-intelligence, internal and border
security, counter-terrorism, and surveillance.
• The FSD is responsible for internal security of the Russian state,
counterespionage, and the fight against organized crime, terrorism,
and drug smuggling.
• The number of FSD personnel and its budget remain state secrets,
although the budget was reported to jump nearly 40% in 2006.
6th – Bundesnachrichtendienst (BND)
• The Bundesnachrichtendienst is the foreign intelligence agency of the
German government,
• The BND acts as an early warning system to alert the German government
to threats to German interests from abroad.
• It depends heavily on wiretapping and electronic surveillance of
international communications.
• It collects and evaluates information on a variety of areas such as
international terrorism, WMD proliferation and illegal transfer of
technology, organized crime, weapons and drug trafficking, money
laundering, illegal migration and information warfare.
• As Germany’s only overseas intelligence service, the BND gathers both
military and civil intelligence.
5th - Ministry of State Security (MSS)
• Ministry of State Security is the security agency of the People’s Republic
of China.
• Article 4 of the Criminal Procedure Law gives the MSS the same authority
to arrest or detain people as regular police for crimes involving state
security with identical supervision
• One of the primary missions of the MSS is undoubtedly to gather foreign
intelligence from targets in various countries overseas.
• Many MSS agents are said to have operated in the Greater China region.

4th – Central Intelligence Agency (CIA)


▪ CIA is the largest of the intelligence agencies and is responsible for
gathering data from other countries that could impact U.S. policy.
▪ It is a civilian intelligence agency of the United States government
responsible for providing national security intelligence to senior United
States policymakers.
▪ The CIA also engages in covert activities at the request of the President of
the United States of America.
▪ The CIA’s primary function is to collect information about foreign
governments, corporations, and individuals, and to advise public
policymakers. The agency conducts covert operations and paramilitary
actions, and exerts foreign political influence through its Special
Activities Division.
▪ It has failed to control terrorism activities including 9/11, Not even a single
top level Al-Qaeda leader captured own its own in the past 13 years –.
▪ Highly funded and technologically most advanced Intelligence set-up in
the world.

3rd – Secret Intelligence Service (SIS) MI-6


▪ The Secret Intelligence Service (SIS) supplies the British Government with
foreign intelligence.
▪ It operates under the formal direction of the Joint Intelligence
Committee (JIC) alongside the internal Security Service (MI5), the
Government Communications Headquarters(GCHQ) and the Defense
Intelligence (DI).
▪ It is frequently referred to by the name MI6, a name used as a flag of
convenience during the Second World War when it was known by many
names.
▪ The existence of MI6 was not officially acknowledged until 1994.
2nd – Mossad
▪ The Mossad is responsible for intelligence collection and covert operations
including paramilitary activities.
▪ It is one of the main entities in the Israeli Intelligence Community, along
with Aman (military intelligence) and Shin Bet (internal security), but its
director reports directly to the Prime Minister.
1st - Inter-Services Intelligence (ISI)
▪ With the lengthiest track record of success, the best know Intelligence
so far on the scale of records is ISI.
▪ The Inter-Services Intelligence was created as an independent unit in 1948
in order to strengthen the performance of Pakistan’s Military Intelligence
during the Indo-Pakistani War of 1947.
▪ The best of its time, failed to counter ISI and protect Soviet interests in
Central Asia.
▪ It has protected its Nuclear Weapons since formed and it has foiled Indian
attempts to attain ultimate supremacy in the South-Asian theatres
through internal destabilization of India. It is above All laws in its host
country Pakistan ‘A State, with in a State’.
▪ Its personnel have never been caught on camera.It is believed to have the
highest number of agents worldwide, close to 10,000. The most striking
thing is that it’s one of the least funded Intelligence agencies out of the
top 10 and still the strongest.

National Intelligence Coordinating Agency (NICA)


It is the primary intelligence gathering and analysis arm of the Philippine
government, in charge of carrying out overt, covert, and clandestine intelligence
programs. Its motto is: "Knowledge is Safety”. Presently, NICA is in close
coordination with the CIA, Mossad, Secret Intelligence Service and intelligence
services of ASEAN countries to counter the threat of terrorism.

The agency is led by a Director-General and is assisted by a Deputy Director-


General. The former reports directly to the President. The NICA has a National
Intelligence Board that serves as an advisory board to the Director-General before
he would submit his findings to the President relating to national security matters
affecting the Philippines.

II. Principles of Intelligence

A. Intelligence and operation are interdependent

Intelligence provides valuable inputs for effectiveness of police operation on


the other hand operation likewise is needed for continuity of intelligence
activities. Operation and intelligence planners work hand and hand to attain
greater degree of success in their common effort.

B. Intelligence is Continuous

The basic principle of intelligence operations is that intelligence activities


follow a simple cycle, which is continuous at the same time that new information
is being collected in response
to direction, other information is being processed and intelligence is being used.

C. Intelligence must be useful


It must serve the commander’s need and requirements so that effort will
not be wasted. It should have an application and significance to the operation.

D .Intelligence must be available on time

Intelligence must be communicated to the decision maker at the


appropriate time to permit its most effective use. It must reach the user in time
to serve as basis for appropriate
action. Intel data must be disseminated on time because late arrival is as good
as useless.

E. Intelligence operations requires imagination and foresight

The success of objective is paramount importance. Intelligence personnel


are reminded to refrain from utilizing criminal elements in Intel operation. They
must use their resourcefulness to obtain more than what is normally.

F. Intelligence must be flexible

Intelligence Operations must be changeable according to the present


situation, condition and other factors, Intelligence Operations are based on
reason and sound judgment. Procedures which do not readily adapt to a given
situation are generally discarded.

G. Intelligence requires continuous security measures

Deny unauthorized personal information about operation and intelligence


product, its source and organization itself. In the handling of classified materials
there should be a working balance between secrecy and operational convenience.

III. Categories of Intelligence

A. National Intelligence- integrated product of intelligence developed by all


government departments concerning the broad aspect of national policy and
national security.
▪ National Policy – specific courses of action to achieve the national
objectives.

▪National Security – this relate to the protection and preservation of military,


economic and a productive strength of a country including the security of
the government and domestics and foreign affairs against espionage,
sabotage and subversion.
B. Department of Intelligence – the intelligence required by department or agencies
of the government to execute its mission and discharge its responsibilities.
C. Military Intelligence – refers to the knowledge by the military institution
essential in the preparation and execution of military plans, policies and
programs.

IV. Intelligence Cycle


Planning and Supervision of the Collection Effort

▪ The intelligence officer must have a thorough knowledge of the available


sources of information, the collecting agencies and type of information the
latter can provide.
▪ He must understand the operations of the command in order to provide the
particular intelligence required for success.
▪ He must have a thorough knowledge of the tactics, organizations and
characteristics of the enemy.
▪ He must be especially competent in the fields of surveillance,
reconnaissance, counter-reconnaissance, and acquisition of operations.
A. Planning and Directing the Collection Efforts

1. Determination of Requirements
▪ Enemy capabilities, including time, place, strength, or other details
▪ Enemy vulnerabilities, including nature, extent, performance and other
details
▪ Enemy order of battle and factors
▪ Terrain, including natural and artificial obstacles
▪ Weather
▪ Information desired by higher, lower or adjacent headquarters

2. Determination of the Essential Elements of Information (EEI)


Is an item of intelligence or information of characteristics of the area of
operations and the enemy, which the commander feels he needs before he can
reasonably arrive at a decision.

3. Establishment of Priorities

▪ Priorities reflect the criticality of the need for the particular information.
No formula exists which can automatically determine priorities. Such
determination is a matter of judgment.

B. Collection of Information

To successfully plan and perform the collection effort, the intelligence


officer must have thorough knowledge of the available sources of information and
collecting agencies and the type of information they can provide and consider the
following:

1. Determine collecting agency


2. Send orders or request
3. Supervise collection efforts
4. Use tools or technique in collection
5. Ensure timely collection
Factors in Choosing Collection Agents

▪ Capability – agents placement or access to other target


▪ Multiplicity – more agents
▪ Balance – number of agents needed in operation

C. Processing the Collected Information

Five steps in processing collected information which is then converted into


Intelligence

1. Recording – is the reduction of information into writing or some other form of


graphical representation and the arranging of this information into groups
related items.
2. Evaluation – is the determination of the pertinence of the information to the
operation, reliability of the source
of or agency and the accuracy of the information.
Evaluation to Determine:
a. Pertinence – does it holds some value to current operation
▪ is it needed immediately
b. Reliability – judging the source of information or agency
c. Credibility – truth of information
Judging Credibility
a. It is possible for the reported fact or event to have taken place.
b. Is the report consistent within itself?
c. Is the report confirmed or corroborated by information from different sources
or agencies.
d. If the report does not agree with information from other sources which one is
more likely to be true

EVALUATION GUIDE FOR COLECTED INFORMATION

Reliability of Accuracy
▪ of Source of the Information
Information Informati
CODE: on
CUFNUR CODE: CPPDIT
A – Completely 1 – By Othe T – Direct Observation
Reliable Confirme r by a commander or Unit
d Sources
B – Usually Reliable 2 – Probably U – Report by a
True penetration or
resident agent
C - Fairly Reliable 3 – Possibly V – Report by an AFP trooper
True or PNP personnel in
operation
D – Not Usually 4 – Doubtfully W – Interrogation of a
Reliable True captured enemy or agent
E – Unreliable 5 – Improbable X – Observation by a
government or civilian
employee or official
F – Reliability 6 – Truth Cannot Be Y – Observation by a
Cannot Be Judged Judged member of
populace
Z - Documentary

3. Analysis- This is the stage in which the collected information is subjected


to review in order to satisfy significant facts and derive conclusion there from.
4, Integration- The combination of the elements isolated analysis with other
known information related to the operation.
5. Interpretation- Process of determining the significance of new information in
the possible alternatives. The interpreter determines the significance of the
information as to the meaning of the interpreted information.

D. Dissemination

Processed information or intelligence data are disseminated to end users,


common methods of disseminating Intel data are conferences, briefing and
person to person exchanges. In this process, consider the factors of timeliness,
correctness and security.

V. Counter-Intelligence

Counterintelligence – phase of intelligence covering the activity devoted in


destroying the effectiveness of hostile foreign activities and the protection of
information against espionage, subversion and sabotage. It also includes
protection the organization itself.

A. Types of Counter-intelligence
1. Passive CI Measures – protection of classified and sensitive information to the
unauthorized through secrecy, communication security, and other various
safeguards.
2. Active CI Measures – are those measures, which seek actively to block the
enemies’ effort to gain information or engage in espionage, subversion, and
sabotage.

B. Objectives and Importance of Counter-Intelligence


▪ It Denies information to the enemy
▪ It Reduces the risk of a command
▪ Aids in achieving surprises
▪ Increases the security of the command
▪ Decreases the enemy ability to create information about the forces.

C. Activities and Function of Counter-Intelligence


▪ Protection of information against espionage
▪ Protection of personnel against subversion
▪ Protection of installations and materials against sabotage

D. Categories of Counter-Intelligence Operation


▪ Military Security – it encompasses the measures taken by a command to
protect itself against espionage, enemy operation, sabotage, subversion or
surprise.
▪ Port boundary and Travel Security – has to do with the application of both
military and civil security measures for counterintelligence control at point of
entry and departure, international borders and boundaries.
▪ Civil Security – it encompasses active and passive counterintelligence
measures affecting the non-military nationals permanently or temporarily
residing in an area under military jurisdiction.
▪ Special Operations – counter subversion, sabotage and espionage.

VI. Police Intelligence Operations

A. Categories of Police Intelligence

1. Strategic Intelligence – knowledge pertaining to the capabilities and


vulnerabilities of a foreign nation, which is required by the National Planners for
the formulation of an adequate National Defense in peace and forms the basis
for, projected. This is intelligence information which is not immediate
operational but rather long range.

Components of Strategic Intelligence

a. Political Intelligence – deals with Domestic and Foreign affairs and relation
of government operations;
▪ Basic Principles of the Government
▪ Government Structures
▪ Public Order and Safety
▪ Subversion
▪ Intelligence and Security Organization

b. Economic Intelligence – deals with the extent and utilization of Natural


and Human resources to the industrial potential of the Nations
c. Transportation and Telecommunication Intelligence - concerned with the
operations and facilities not only the Military but also the Civilians.

Sociological Intelligence – deals with the demographic and psychological aspects


of groups of people.
▪ Population and Manpower
▪ Characteristics of the People
▪ Public Opinion – attitudes of the majority of the people towards
matters of public policy.
▪ Education – based on literacy rate
d. Biographical Intelligence – deals with individual personalities who have
actual possession of power
e. Armed Forces Intelligence – deals with the armed forces of the Nation.
▪ Position of the Armed Forces – constitutional and legal basis of its
creation and actual role.
▪ Organization and structure and territorial disposition
▪ Military Manpower Recruitment
▪ Order of Battle- arrangement of military troops for battle.
f. Geographical Intelligence – deals with the natural as well as manmade
features of the physical environment of man considered from the point
in view of military operations.
▪ Location – military and economic importance
▪ Size – measurement of which a nation can exchange space or time
during war.
▪ Shape
▪ Weather and Climate
g. Scientific Intelligence – deals with the progress of the research and
development as it affects the economic and military potential of a nation.

2. Counter-Intelligence- preparation and execution of plans and programs to


neutralize or prevent any activities undesirable to the police organization.

3. Line or Tactical Intelligence – it is the intelligence information which directly


contributes to the accomplishment of specific objectives and immediate in nature,
necessary for more effective police planning and operation.

B. Functional Classifications of Police Intelligence


• Criminal Intelligence (CRIMINT) – refers to the knowledge essential to the
prevention of crimes and the investigation, arrest, and prosecution of
criminal offenders.
• Internal Security Intelligence (INSINT) – refers to the knowledge essential to
the maintenance of peace and order.
• Public Safety Intelligence (PUSINT) – refers to the knowledge essential to
ensure the protection of lives and properties.

VII. Methods and Techniques of Collecting Information

Information – All evaluated materials of every description including those derived


from observation, reports, rumors, imagery, and other sources from which
intelligence is produced.
Types of Agent used in collecting of Information
▪ Agent of Influence- Agent who uses authority to gain information
▪ Agent in Place- Agent who has been recruited within a highly sensitive
target
▪ Penetration Agent- Agent who have reached to the enemy, gather
information and able to get back without being caught.
▪ Expendable Agent- Agent who leaks false information to the enemy.
▪ Double Agent- An enemy agent, who has been taken into custody, turned
around and sent back where he came from as an agent of his captors.

Classifications of Sources of Information

A. Open Sources – 99% of the information collected are coming from open
sources or obtained from Overt Operation.
▪ Enemy Activities
▪ Captured Documents
▪ Map
▪ Weather Forecast, Studies, Reports
▪ Agencies
B. Close Sources – Only 1% of information are obtained from Covert
Operation Close/Covert Method/clandestine operation.

Elements of Clandestine Operation

• Sponsor-directs the organization conducting the clandestine activity.


• Target- Person, place or things against which the clandestine activity is to be
conducted.
• Agent- It refers to a person who conducts the clandestine Operations to
include Principal Agents, Action Agents, and Support Agents.

▪ Principal Agent- Leader or management Agent in clandestine operation


usually undertaken by the case officer.
▪ Action Agent- The who one who conducts the clandestine Operation that
includes:
✓ Espionage Agent- Agent who clandestinely procure or collect information.
✓ Propagandist- Agents who molds the attitudes, opinions, and actions
of an individual group or nation.
✓ Saboteur- Agents who undertakes positive actions against an
unfriendly power, resulting in the loss of use temporarily or
permanently of an article or others.
✓ Guerilla- Agent who is a member of paramilitary group organized to
harass the enemy in a hot war situation.
✓ Strong Arm- Agent who is made to provide special protection
during dangerous phase of clandestine operations.
✓ Provocateur- Agent who induces an opponent to act to his own
detriment by discrediting himself or by revealing his true purpose or
identity.

• Support Agent- Agent who is engaged in activities which supports the


clandestine operations and or the action agent in his operations that
includes the following:
✓ Surveillant- Agent who observes persons and places of operations of
interest.
✓ Investigator- Agent who undertake to procure information or things of
clandestine operation.
✓ Procurer of Funds- Agent who obtain money when needed for operational
use.
✓ Safe house Keeper- Agents who manages and maintains a safe house
for clandestine operations like meetings, safe heavens, training,
briefing, and debriefing.
✓ Communication Agent- Agent who is detailed as securing of clandestine
communications.

Kinds of Covert Operation

1. Surveillance – is the covert, discreet observation of people and places for


the purpose of obtaining information concerning the identities or activities of
subjects.
Objectives of Surveillance
▪ To identify persons involved in certain activities
▪ To secure basis for securing search warrant
▪ To obtain detailed information about the nature, scope of subjects activities
▪ To check on source of information
▪ To develop leads to vital information
▪ To confirm or deny allegations

Terms to remember in Surveillance


▪ Surveillant – is the plainclothes investigator assigned to make the
observation.
▪ Subject – is who or what is observed. It can be a person, place, property,
and vehicle, group of people, organization or object.
▪ Area Target Study – refers to area of operation of surveillance activities
▪ Log – chronological records of activities that took place in the establishment
under surveillance.
▪ Safe house- Refers to a place where agents meet each other for purposes of
de-briefing and reporting.
▪ Live Drop- Refers to a place where agents or informants leave their
messages to the other Agents.
▪ Decoy- A person or object used by the subject in attempt to elude Surveillant
▪ Convoy- An associate of the subject who follows him to detect surveillance.
▪ Contact - Any person whom the subjects picks or deals with while he is
under observation and identifies the observer
▪ Made – when subject under surveillance becomes aware that he is under
observation and identifies the observer also known as “ Burnt out”
▪ Lost – when the surveillant does not know the whereabouts of his subject
or the subject had eluded the surveillance.

Methods of Surveillance
▪ Stationary Surveillance – also referred to as Fixed and Stakeout Surveillance –
is used when you know or suspect that a person is at or will come to a known
location when you suspect that stolen goods are to be dropped or when
informants have told you that a crime is going to be committed.
▪ Moving Surveillance or Shadowing or tailing – simply the act of following a
person.
▪ Technical Surveillance – by the use of communications and electronics
gadgets, system and equipment.

Forms:
▪ Loose tail – employed where a general impression of the subject’s habits and
associates is required.
• Rough Shadowing – employed without special precautions, the subject
maybe aware of the surveillance; employed also when the subject is a
material witness and must be protected from harm or other undesirable
influences.
▪ Close tail – extreme precautions are taken against losing the subject
is employed where constant surveillance is necessary.

2. Casing- It is the careful inspection of a place to determine its suitability for a


particular operational purpose. It is also known as the RECONNAISSANCE or
RECCE in Military term.

3. Elicitation- The process of extracting information from a person believes to be


in possession of vital information without his knowledge or suspicion.

4. Employment of Technical Means


▪ Bugging- The use of an equipment or tool to listen and record discreetly
conversations of other people.
▪ Wire Tapping- A method of collecting information thru interception of
telephone conversation.
5. Tactical Interrogation- It is a process or method of obtaining information from
a captured enemy who is reluctant to divulge information.
6. Observation and Description (ODEX) - The complete awareness by an
individual of his surroundings, achieved through maximum employment of the
senses and techniques of factuality reporting one’s own observation of the sensory
experiences recounted by others.

I. Cover and Undercover Operations

Undercover Operations- also referred to as “Roping” Undercover is disguising


one's own identity or using an assumed identity for the purposes of gaining the
trust of an individual or organization to learn secret information or to gain the
trust of targeted individuals in order to gain information or evidence.

Cover- It refers to the changing, forging or falsifying agent’s real personality


including but not limited to things, location, job, and others that will be used in
undercover assignment.

Cover Story – A biographical data through fictional that will portray the
personality of the agent he assumed, a scenario to cover the operation.

Cover Support – An agent assigned in target areas with the primary mission of
supporting the cover story.

Types of Cover
▪ Artificial- altering the background that will correspond to the operation
▪ Multiple- Includes different cover
▪ Natural- Actual or True Background.
Hazards of Undercover Operations
▪ Reintegration back into normal duty- Agents work their own hours, they
are removed from direct supervisory monitoring and they can ignore the
dress and etiquette rules. So the resettling back into the normal police role
requires the coming off of old habits, language and dress. After working
such free lifestyles, agents may have discipline problems or exhibit
neurotic responses.
▪ Maintenance of identity- Living a double life in a new environment
presents many problems. Undercover work is one of the most stressful
jobs an agent can undertake. The largest cause of stress identified is the
separation of an agent from friends, family and their normal
environment. This simple isolation can lead to depression and anxiety.

Uses and Types of Undercover Assignment


▪ Residential Assignment- It is related to the neighborhood of the subject,
where the agent will live as a new resident without making any suspicion.
His mission is to make friends within its neighborhood and gather
information regarding the subject and possibly getting closer to the
subject
▪ Social Assignment- The agent will gain access to the subject by going to
the different hang out places of the subject and gather information like
knowing how to drink socially without getting drunk.
▪ Work Assignment- The agent will be employed where the subject work to
acquire information. The agent must know his work and focus his mind set
and habit to his work assignment or getting employed where the
investigator can observe the activities of the subject at his place of work.
▪ Subversive Organization- This is the most dangerous of all the undercover
assignment; the agent will join the organization of the subject itself he must
know the ideologies of the group and the actions while inside should
conform to the organization to avoid any suspicion.
▪ Personal Contact Assignment – the investigator required to develop the
friendship and trust of the subject.
▪ Multiple Assignment – The investigator is tasked to cover two (2) or more
of the above specific assignments simultaneously, it can produce extensive
information with minimum expenses but more prone to compromise.

I. Informers and Informants

A. Informants- Any person who hand over information to the agents which is
relevant to the subject. The informant may openly give the information
clandestinely and choose to remain anonymous.

Types of Informants

▪ Anonymous-Unidentified or unknown informants


▪ False Informant- reveals information of no consequences, value or stuff
connected within thin air.
▪ Frightened Informants- weakest link in criminal chain, motivated by anxiety.
▪ Self-Aggrandizing- moves around the center of criminals delight in
surprising the police about bits of information.
▪ Mercenary- Information for sale needed something for exchange of information.
▪ Double-Crosser- He wants to get more information from the police more than
he gives.
▪ Women- Most dangerous
▪ Legitimate- operators of business desire to give information for legitimate
reasons.

Motives of Informants

▪ Vanity – conceited act/character of the criminal resulting to self - betrayal


or tantamount to guilt, gaining favorable attention and importance by the
police.
▪ Civic-mindedness – sense of duty and obligation to assist the police.
▪ Fear – A person under an illusion of oppression by enemies or of other
impending danger.
▪ Repentance – One who has a change of heart and wishes to report a crime that
is preying on his conscience.
▪ Gratitude or gain – An expression of appreciation to obtain a privilege or an
interest in the welfare of his family during his detention.
▪ Revenge – To settle a grudge due to settle a previous injury
▪ Jealousy – envious of the accomplishments or possessions of another and
wishes to humiliate him.
▪ Remuneration – a person who informs solely for the pecuniary or other material
gain he is to receive.

B. Informers- refers to any person who provides information to the agents in a


regular basis regarding to the subject they are either paid regularly or in base-
to-case basis.

VIII. Cryptography
A. Cryptography- It is defined as an art and science of codes and ciphers. This is
done through the use of “Speech Inverter” whereby essential speech
frequencies are divide into several ranges by filters then inverted to produce it
scrambled speech when intercepted.
B. Crypto Analyst- Refers to those persons who break intercepted codes.
C. Cryptographer- It refers to a person who is highly skilled in converting
message from clear to unintelligible forms by use of codes and cipher.
D. Coding-It is the changing of message from plain clear text to unintelligible form
also known as “Encrypting”.
E. Decoding- Transforming of coded message into plain text also known as
“Decrypting”.
IX. Security Measures & Operations in Relation to Intelligence

A. Physical Security- The broadest type of security that is concerned with the
physical measures designed to safeguard personnel and prevent unauthorized
access to equipment, facilities, materials, documents, and to protect them from
espionage, sabotage, damage or theft
B. Communication Security- The protection resulting from the application of
various measures which prevent or delay the enemy or unauthorized person in
gaining information through communication. This includes transmission,
cryptographic and physical security.
C. Document Security- Protection of documents, classified matters and vital
records from loss, access to unauthorized persons, damage, theft and
compromise through proper storage and procedures.

▪ Classify – Assigning of Information or material to one of the four security


classification after determining that such information requires security as
prescribed by PNP regulation 200-012.
▪ Reclassify – The act of changing the assigned classification of a document
or material.
▪ Declassify – The removal of the security classification from classified
document or material.
▪ Upgrading - The process of assigning higher category of document or
information according to the degree of security needed
▪ Compartmentation – The granting of access to classified document or
information only to properly cleared persons when such classified information
is required in the performance of their official duties, and restricting it to
specific physical confines when feasible.

Categories of Classified Matter (PNPR 200-0121)


1. Top Secret (GREEN) – Top Secret documents calls for the utmost degree of
protection. Unauthorized revelation of this materials and information would cause
extremely severe damage to the nation, politically, economically, or militarily.
2. Secret (RED) - Unauthorized disclosure of this documents or things may put at
risk the nation security, cause serious injury to the reputation of the nation, the
reproduction of which will be considerable cost and labor, or significant delay
3. Confidential (BLUE) - Unauthorized revelation of which may be injurious to the
reputation of the nation or governmental activity or would cause
administrative humiliation or unnecessary injury.
4. Restricted (BLACK) - This are information which should not be published or
communicated to anyone except for official purposes, These records are daily files,
routine in nature even if lost or destroyed, will not affect operation or
administration.

D. Personnel Security- the sum total procedures followed, inquiries conducted


and criteria applied to determine the work suitable to a particular applicant or
the retention or transfer of a particular employee.

Personnel Security Investigation – is an inquiry into the character,


reputation,discretion, integrity, morals and loyalty of an individual in order to
determine a person’s suitability for appointment access to classified matter.

TYPES OF PSI
▪ Local Agency Check- Refers to the investigation of the records and files of
agency in the area of principal residence of the individual being investigated.

▪ National Agency Check- It consists of LAC supplemented by investigation of


the records and files of the following agencies: PNP, ISAFP, NBI, CSC, Bureau
of Immigration and Deportation and other agency.
▪ Background Investigation – a check made on an individual usually seeking
employment through subjects records in the police files, educational
institutions, place of residence, and former employers.
▪ Complete Background Investigation- it is a type of BI which is more
comprehensive, that consist of detailed information regarding the subject.
Security Clearance- It is a certification by a responsible authority that the person
described is cleared to access and classify matters at appropriate levels.
▪ Interim Clearance- Effectivity Two Years
▪ Final Clearance- Effectivity Five Years
CDI 2 – SPECIALIZED
CRIME INVESTIGATION
W/ LEGAL MEDECINE
CDI 2 – SPECIALIZED CRIME INVESTIGATION W/ LEGAL MEDECINE

CHAPTER 1
PRELIMINARY CONSIDERATIONS
Introduction
As crime continues to be a major problem to society, the criminal justice system
struggles to maintain its effectiveness. Special crime investigation, although but a partial
solution to the elimination of crime, is a highly important function. The other major
elements of the criminal justice system, namely, prosecutions, courts, corrections, and
community, are largely dependent upon successful investigations.

What is Special Crime Investigation?


Special crime investigation is the investigation of cases that are unique and often
require special training to fully understand their broad significance. This also requires
familiarity with the provisions of the Revised Penal Code, and various Special Laws,
prescribing and penalizing specific offenses.

Duties of Special Crime Investigators


The following are the responsibilities of special crime investigator:
1. Determine if the crime has been committed. An investigator familiar with the
elements of at least the more common crimes will be able to handle most situations.
First, the investigator should have available copy of both the revised penal code and
special laws; this ought to suffice for many of the more difficult cases. Second, the
prosecuting fiscal can be consulted. Third, if it is determined that no crime is
involved or the issue is a civil litigation, with rare exceptions, criminal law
enforcement agencies have no responsibility.
2. Verify territorial jurisdictions. If a crime is not within the investigator’s jurisdictions,
there is no responsibility for its investigation, but the complainant may need to be
referred to the proper authority. Occasionally a crime is committed on the border
line of two adjacent jurisdictions.
3. Discover all facts and collect physical evidence. The facts available to the first officer
to arrive at a crime scene are provided by the victim or complainant and any
eyewitness. Except in law enforcement agencies with programs in place for
managing criminal investigations, they will be communicated to the investigator
dispatched to investigate the crime.
4. Recover stolen property. The recovery of the stolen property has a significant or
having parallel with establishing the positive identity of the perpetrator. The reports
required of secondhand dealers and pawn shops are of great help to criminal
investigators. They facilitate the identification of items brought in for pawn, since
many thieves use this means to convert their loot into cash.
5. Identify perpetrator. In addition to the role secondhand dealers and pawnbrokers
play in the recovery of stolen property, there is a chance that other merchants
engaged in buying and selling may be able to describe who brought in a particular
item. Usually the seller is required to fill out a form giving name, address, telephone
number, and place of employment, thereby unwittingly making a sample of
handwriting specimen or printing available.
6. Locate and apprehend the perpetrator. When people who know the perpetrator are
unwilling or unable to provide an address or a clue to his or her whereabouts,
records may provide the information. When the suspect is located, apprehension
seldom presents difficulties; if it does, a raid may be called for.
7. Aid in the prosecution of the perpetrator. Largely as a result of plea bargaining, only
a few cases that are investigated and solved eventually go to trial, but the
investigator must operate on the assumption that each will be tried. This
necessitates that proper notes, photographs, and sketches are made in a timely
fashion from the very beginning and that the physical evidence present is properly
handled and examined.
8. Testify effectively in court. Although few people are comfortable when called to the
witness stand, the experienced investigator who has testified often can appear
jaded. Yet testimony is effective only when it is credible. When sincerity, knowledge
of the facts, and impartiality are projected, credibility is established. In all events, it is
helpful that the investigator be familiar with the rules of evidence and pitfalls of
cross-examinations.

Phases of Special Crime Investigation


The phases of special crime investigation can be divided into:
1. The Preliminary Investigation. The preliminary investigation involves the first
exposure of the criminal offense to the investigative effort. It cannot be
emphasized too strongly that this step is vital to the success of the investigation.
The preliminary investigation serves as the foundation for the case; therefore,
there must be proper foundation or the entire investigation is in jeopardy.
2. The In-Depth Investigation. The second investigative state of criminal offense is
the follow-up or the continuing inquiry. The in-depth phase follows up initial
leads stemming from the preliminary investigation. The in-depth inquiry begins
with a general re-examination of all facts, leads and other types of information
secured during the preliminary investigation.
3. The Concluding Investigation. This final stage, the concluding investigation, is
the direct outgrowth of the previous two stages. If the preliminary and in-depth
investigations have been unsuccessful in identifying, locating, and arresting a
suspect, certain administrative decisions concerning the continuation of the
case must be made. An active inquiry cannot continue indefinitely.

Various Sources of Information


The following are the various sources of information:
1. People. As long as general, specific, or intimate knowledge concerning the
individual endures, it can be acquired by those who know how. People are social
beings, and information on them can usually be found in the possession of
family, relatives, work or business associates, and others who share their
recreational interests. It can also be picked up accidentally through those who
were witness to or the victim of a crime.
2. Physical Evidence. Any object, thing or article of a material nature is potential
physical evidence. The scientific specialists who undertake most scientific
examinations at the crime laboratory of physical evidence are medico-legal
experts, chemists, and criminalists. The following questions arise: What is the
material? If found at a crime scene, can it be linked to or help exonerate a
suspect? Can it be used to reconstruct what happened? What is the cause of
death?
3. Records. Records are form of physical evidence. They receive separate treatment,
however, because they are widely scattered, voluminous, and have specialists
devoting full time to their storage and retrieval. Modern society relies on paper
records by storing the information collected day in and day out. Later this can
prove useful in a criminal investigation. Records need not be printed or
handwritten. They may be stored on film, tape, or even computer disc or hard
drive.

Managing Special Crime Investigation


The five elements of managing special crime investigation are:
1. Initial Investigation. There is a major difference between traditional investigation
efforts and managing special crime investigation; the latter has responsibility for
the initial investigation over to the patrol officer responding to the radio call. The
aim is to have the uniformed police officer obtain all information available at the
crime scene, so that this task need not be repeated should a criminal
investigator be assigned to continue it.
2. Case Screening. Another important difference is the way managing special
crime investigation utilizes the initial information when screening a case to
determine whether to close it out as unsolvable or to recommend further
investigation. Experiences clearly demonstrate that every case is not solvable,
but from cases which were successfully investigated, empirical research has
been identified through “solvability factors.”
3. Continuing Investigation. Under traditional arrangements an investigator
“caught” cases by chance. This means that the individual on duty was
responsible for all cases that came in and for deciding which to pursue and
which to “can,” that is, keep in a personal file, off the official record as warranting
no further effort. This practice has many shortcomings.
4. Police-Prosecutor Relations. The traditional practice in the criminal justice
system has been for each segment to act independently with little concern for
other component parts. For instance, the law enforcement agency seldom talks
to, much less exchange ideas and opinions, with correctional people, judges, or
prosecutors, or even with the community members, and even with their
counterpart police agency.
5. Investigative Monitoring System. A case monitoring system is set up to give
police and law enforcement agency’s administrators’ continuous feedback on
the investigative process and the quality of personnel performance. The
investigative monitoring system might focus on the percentage of cases
assigned for continuing investigation, and whether or not the interval between
official assignment of the case, and the subsequent case closure has changed.

CHAPTER 2
LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL INVESTIGATION

Article III of the 1987 Philippine Constitution

Concept of Bill of Rights


It is a declaration and enumeration of a person’s rights and privileges which the
Constitution is designated to protect against violation by the government, or by individual
or groups of individuals. It is a charter of liberties for the individual, and a limitation upon
the power of the State.

Classes of Rights
1. Natural Rights – those possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to his image
that he may live a happy life.
2. Constitutional Rights – conferred and protected by the Constitution.
3. Statutory Rights – provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.

Classification of Constitutional Rights


1. Political Rights – the power to participate directly or indirectly in the
establishment or administration of the government.
2. Civil Rights – a law which secures private individuals for the purpose of securing
enjoyment for their means of happiness.
3. Social and Economic Rights – Intended to insure the well-being and economic
security of an individual.
4. Rights of the Accused – intended for the protection of a person accused of any
crime.

THE BILL OF RIGHTS


Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

What is Due Process?


Any deprivation of life liberty and property by the State is with due process if it is done:
1. Under the authority of the law that is valid under the Constitution itself; and
2. After compliance with fair and reasonable methods of procedure required by
law.

What constitutes Deprivation?


1. Deprivation of life – the loss of any of the various physical and mental attributes
which man must have to live as human being. It is the very foundation of human
rights.
2. Deprivation of liberty – that one is duly prevented from acting the way he wishes
to do.
3. Deprivation of property – when it its value is destroyed or its adaptability to some
legislation should be treated alike under circumstances and conditions both in
the privileges conferred and liabilities imposed.

What is the meaning of Equal Protection of Law?


It signifies that all persons subject to legislation should be treated alike under the
circumstances and conditions both in the privileges conferred and liabilities imposed.

Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

What is a Search Warrant and Warrant of Arrest?

Search Warrant
- An order in writing, issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for a
certain personal property and bring it before the court.

Warrant of Arrest
- A written order to arrest a person designated to take him in custody in order that
he may be bound to answer for the commission of an offense.

What is its scope of protection?


1. Persons – applies to every citizen of the Philippines including aliens whether
accused of crime or not.
2. Houses – not limited to dwelling but extends to a garage, warehouse, shop, store
and even a safety deposit vault.
3. Papers and effect – include sealed letters and packages in the mail which may
be opened and examined only in pursuance of a search warrant.

When search and seizure unreasonable?


In general, all illegal searches and seizures are unreasonable while lawful ones are
reasonable.

Requisites for a Valid Search Warrant or Warrant of Arrest


1. Issued upon probable cause.
2. The probable cause must be determined personally by the judge himself.
3. Such determination of the existence of probable cause must be made after
examination by the judge of the complainant and the witnesses he may
produce.
4. Must particularly describe the place to be search and the persons or things to be
seized.

When search and seizure may be made without warrant?


1. Where there is consent or wavier
2. Where there is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported
4. The possession of articles prohibited by law is disclosed to plain view or is open to
eye and hand
5. As an incident of inspection, supervision and regulation in the exercise of police
power
6. Routinary searches usually made at the border or a port of entry in the interest of
national security and for proper enforcement or customs and immigration laws.
When arrest may be made without warrant?
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. When an offense has in fact just has been committed and has been personal
knowledge of facts indicating that a person to be arrested has committed it;
3. When a person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined while his
care is pending, or has escaped while being transferred.

Section 3. (1) The privacy of communication and correspondence shall be inviolable


except upon lawful order of the court, or when public safety or order requires
otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Meaning of Right to privacy – The right to be left alone

Limitations on the Right of Privacy of Communications


1. Permissible interference
a. Upon lawful order of the court; or
b. When public safety or order requires otherwise as prescribed by law.
2. Intervention of the court

Writ of Habeas Data Meaning:


It is a judicial remedy available to any individual whose right to privacy in life, liberty,
or security is violated or threatened by unlawful act or omission of a public official employee
or of a private individual or entity engaged in gathering, collecting or storing of date or
information regarding the person, family, home, and correspondence of the aggrieved
party.
A. Purpose of the Writ – to secure the privacy of an individual by way of regulating the
processing of personal information or data about him.
B. How Writ Operates – any aggrieved party may file a petition in court for the writ of
habeas data. The court shall issue the writ which shall be served upon the
respondent who shall file a written return under oath with supporting affidavits.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of


the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

Freedom of Speech, and Expression, and the Press – the rights to freely utter and
published whatever one pleases without previous restraint, and to be protected against any
responsibility for so doing as long as it does violate the law, or injure someone’s character,
reputation, or business.
Scope of Freedom of expression – the rights of assembly and petition, the right to form
associations or societies not contrary to the law, and the right to religious freedom.

Scope of Terms “Speech”, “Expression”, And “Press”


1. “Speech” and “expression” cover any form of oral utterances such as protests as
expression of opinion about subjects of public concern.
2. The “press” covers any sort of publications as instruments for mass communication.

Freedom of Expression Not Absolute


1. Subject to regulation by the state.
2. Subject one to liability when abused.

Meaning of Right of Assembly and Right of Petition


1. The right of assembly means the right on the part of the citizens to meet peaceably
for consultation in respect to public affairs.
2. The right of petition means the right of any person or group of persons, to apply
without fear of penalty to the appropriate branch or office of government for redress
of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting


the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.

Meaning of Religious Freedom - The right of a man to worship God, and to entertain such
religious views as appeal to his individual conscience, without dictation or interference by
any person or power, civil or ecclesiastical.

Meaning of Religion – all forms of belief in the existence of superior beings exercising
power over human beings and imposing rules of conduct with future state of rewards or
punishments.

Aspects of Religious Freedom


1. The separation of Church and State.
2. The freedom of religious profession and worship.

Religious Test Prohibited


1. Meaning of terms
a. A religious test is one demanding the avowal or repudiation of a certain
religious beliefs before the performance of any act.
b. The expression of civil political rights (supra) is to be understood as including
the individual right safeguarded by the Constitution and statutory laws.
Reason for Provision – Without such prohibition, religious freedom becomes meaningless.
The State without such a bar, notwithstanding the doctrine of its separation from the
Church, could in fact accord preference to a religious organization.

Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.

Meaning of Liberty of Abode and Travel – It is the right of a person to have his home in
whatever place chosen by him and thereafter to change it at will, and to go where he
pleases, without interference of any source.

Limitations on The Right


1. Permissible interference. – The right is qualified by the clauses “except upon lawful
order of the court” and “except in the interest of the national security, and public
safety or public health as may be provided by law.
2. Intervention of the court. – Note that under the second limitation, a court order is
not necessary. The determination of the proper executive officer (President) is
subject to judicial reviews. A person whose liberty of abode is violated may petition
for a writ of habeas corpus against another holding him in detention.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

Right to Information on matters of Public Concern


1. Access to official records for exercise of right.
2. Arguments in support of right.
3. Constitutionally or validity of implementing law.

Scope of the Right


1. The right embraces all public records.
2. It is limited to citizens only but is without prejudice to the right of aliens to have
access to records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may be provided by law.
A. Limitations on the Right.
1. Public records excepted.
2. Burden on government to justify withholding of information.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.

Meaning of Right to Form Associations - is the freedom to organize or to be a member of


any group or association, union, or society, and to adopt the rules which the members
judge most appropriate to achieve their purpose.

Section 9. Private property shall not be taken for public use without just
compensation.
Purpose of Guarantee
1. Undoubtedly, the purpose of the constitutional guarantee is to encourage the
formation of voluntary associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the government may
there by receive assistance in its ever-increasing public service activities.
2. By enabling individuals to unite in the performance of tasks, which singly they
would be unable to accomplish, such associations relieve the government of a vast
burden.

Essential or inherent powers of government


1. Totality of governmental power - It is contained in three (3) great powers, namely:
power of eminent domain, police power, and power of taxation.
2. Similarities - These powers are similar in the following respects:
a. They all rest upon necessity because there can be no effective government
without them;
b. They are inherent in sovereignty; hence, they can be exercised even without
being expressly granted in the Constitution although the conditions for their
exercise may be regulated and limited by the Constitution and bylaw;
c. They are ways by which the State interferes with private rights and property;
d. They are all legislative in character; and
e. They all presuppose an equivalent compensation received, directly or indirectly,
by the person affected by the exercise of these powers by the government.

Meaning of Eminent Domain - is the right or power of the State or of those to whom the
power has been lawfully delegated to take private property for public use upon paying to
the owner a just compensation to be ascertained according to law.

Conditions for or limitations upon its exercise


1. Existence of public use.
2. Payment of just compensation.
3. Observance of due process of law in the taking.

Meaning of “taking”
1. Actual physical seizure not essential.
2. The “taking” must be direct.
Meaning of Police Power - has been referred to as the power of the State to enact such
laws or regulations in relation to persons and property as my promote public health, public
morals, public safety, and the general welfare and convince of the people.

Basis of police power


Based on two Latin maxims, salus populi suprema est lex (the welfare of the people is
the supreme law), and sic utere tuo ut alienum non laedas (so use your own as not to injure
another’s property)
A. Police power laws.
1. Public health
2. Public morals
3. Public safety
4. Public welfare and convenience

Section 10. No law impairing the obligation of contracts shall be passed.


Meaning of obligation of a contract - is the law or duty which binds the parties to perform
their agreement according to its terms or intent, if it is not contrary to law, morals, good
customs, public order, or public policy.

Scope of terms “law” and “contract”


1. The law, the enactment of which is prohibited, includes executive and administrative
orders of the President, administrative orders issued by heads of departments, and
ordinance enacted by local governments.
2. The contract, the obligation of which is secured against impairment under the
Constitution, includes contracts entered into by the government.

Purpose of non-impairment prohibition


The prohibition is intended to protect creditors, to assure the fulfillment of lawful
promises, and to guard the integrity of contractual obligations.

Freedom to contract not absolute


The freedom of contract is necessarily limited by the exercise of the police power of
the State in the interest of general welfare and especially in view of the explicit provisions in
the Constitution with reference to the promotion of social justice.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Constitutional rights of the accused in criminal cases


1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an offense to be informed
of his right to remain silent and to have counsel.
3. The right against the use of torture, force, violence, threat, intimidation or any other
means which vitiates the free will.
4. The right against being held in secret, incommunicado, or similar forms of solitary
detention.
5. The right to bail and against excessive bail.
6. The right to due process of law.
7. The right to presumption of innocence.
8. The right to be heard by himself and counsel.
9. The right to be performed of the nature and cause of the accusation against him.
10. The right to have a speedy, impartial, and public trial.
11. The rights to meet the witnesses face to face.
12. The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.
13. The right against self-incrimination.
14. The right against detention by reason of political beliefs and aspirations.
15. The right against excessive fines.
16. The right against cruel, degrading or inhuman punishment.
17. The right against infliction of the death penalty except for heinous crimes; and
18. The right against double jeopardy.

Reasons for constitutional safeguards


1. A criminal case, an unequal contest.
2. Criminal accusation, a very serious matter.
3. Protection of innocent, the underlying purpose.
A. Right to free access to the courts of quasi-judicial bodies.
B. Right to adequate legal assistance.

Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices,
and their families.

Rights of person under investigation


1. To be informed of his right to remain silent.
2. To have competent and independent counsel preferably of his own choice or to be
provided with one.
3. Against the use of torture, force, violence, threat, intimidation or any other means
which vitiates the free will.
4. Against being held in secret, incommunicado, or similar forms of solitary detention.
1. Effect of violation of the rights.
2. When rights can be invoked.
3. Waiver of right of silence and to counsel.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required.

Meaning of Bail - is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law conditioned upon his
appearance before any court as required under the conditions specified.

Purpose and form of Bail


1. The purpose of requiring bail is to relieve the accused from imprisonment until his
conviction and yet secure his appearance at the trials.
2. It may be in the form of cash deposit, property bond, bond secured from a surety
company, or recognizance.
Meaning of Capital Offense - for purposes of the above provision, is an offense which,
under the law existing at the time of its commissions, and at the time f the application to be
admitted to bail, may be punished with reclusion perpetua, life imprisonment, or death

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

Meaning of writ of habeas corpus


The writ of habeas corpus is an order issued by a court of competent of jurisdiction,
directed to the person detaining another, commanding him to produce the body of the
prisoner at a designated time and place, and to show sufficient cause for holding I custody
the individual so detained.

Purpose of the writ


It has for its purpose to inquire into all manner of involuntary restraint or detention
as distinguished from voluntary and to relieve a person there from if such restraint i s found
illegal. The writ is the proper remedy court to release y in each and every case of detention
without legal cause or authority. Its principal purpose then is to set the individual liberty.

How writ operates


The writ is the order from the court requiring a person detaining another to show
cause for the detention, while the privilege of the writ is the further order from the court to
release an individual if it finds his detention without legal cause or authority.

Writ of Amparo
The writ of habeas corpus is not to be confused with the writ of Amparo. Now,
families of victims of extrajudicial killings and enforced disappearances (or any qualified
person or entity) can invoke the writ when the right to life, liberty, or security of a person is
violated or threatened with violation by an unlawful act or omission of a public official or
employee or of a private individual or entity.

Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Right to speedy disposition of cases
(1) The above provision upholds the time-honored tradition of speedy justice for
as stated in the old dictum - "Justice delayed is justice denied." Its express
inclusion was in response to the common charge against the perennial delay
in the administration of justice which in the past has plagued our judicial
system.
(2) The right to a speedy disposition of cases can be invoked only after the
termination of the trial or hearing of case.
(3) Under the present Constitution, the Supreme Court, all lowers delegate
courts, and all other lower courts are required to decide or resolve cases
within a certain period of time.
(4) The provision contemplates the disposition of cases involving private
interests not only before judicial bodies, but also before quasi-judicial.

Section 17. No person shall be compelled to be a witness against himself.

Right against self-incrimination


No person shall be compelled to be a witness against himself. This is a protection
against self-incrimination which may expose a person to a criminal liability. It is founded on
grounds of:
(1) Public Policy, because if the party is thus required to testify he would be placed under
the strongest temptation to commit the crime of perjury; and
(2) Humanity, because it prevents the extortion of confession by duress.
The constitutional guarantee protects as well the right of the accused to silence, and
his silence, meaning, his failure or refusal to testify may not be used as presumption of guilt
or taken as evidence against him.

Scope of Guarantee
The right against self-incrimination applies in criminal cases as well as in civil,
administrative, and legislative proceeding where the fact asked for is a criminal one. It
protects one whether he is a party or a witness.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Right Against Detention Solely by Reason of Political Beliefs and Aspirations


1. Incarceration without charges of “political prisoners”.
2. Suspension of privilege of writ of habeas corpus even after lifting of martial law.
3. Prohibition a guarantee against having “prisoners of conscience.

Meaning of Involuntary Servitude – A condition of enforced, compulsory service of one to


another.
It includes:
1. Slavery
2. Peonage

Exceptions of Prohibitions
1. When the involuntary servitude is imposed as a punishment for a crime.
2. When personal military or civil service is required of citizens.
3. To injunctions requiring striking laborers to return to work.
4. To exceptional service.
5. To exercise by parents of their authority.
6. When there is a proper exercise of the police power of the State.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Meaning of Debt - as intended to be covered by the constitutional guarantee, means any


liability to pay money arising out of a contract, express or implied.

Meaning of Poll Taxes - is a tax of a fixed amount imposed on individuals residing within a
specified territory, whether citizens or not, without regard to their property or the
occupation in which they may be engaged.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
Meaning of Rights Against Double Jeopardy - means that when a person is charged with
an offense and the case is terminated either by acquittal or conviction or in any other
manner without the express consent of the accused, the latter cannot again be charged
with the same or identical offense.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Meaning of Ex Post Facto Law


1. Makes an act done before the passage of the law, innocent when done, criminal, and
punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed; or
3. Changes the punishment and inflicts a greater punishment than what a law
annexed to the crime when committed; or
4. Alters the legal rules of evidence, and receives less testimony than or different
testimony from what the law required at the time of the commission of the offense,
in order to convict the offender.

Characteristic of Ex Post Facto Law


They are:
1. Ex post facto laws relate to penal or criminal matters only.
2. They are retroactive in their operation; and
3. They are deprived persons accused of crime of some protection or defense
previously available, to their disadvantage.

Meaning of Bill of Attainder - is a legislative act which inflicts punishment without judicial
trial.

Rights of the Arrested, Detained, and Person Under Custodial Investigation (R.A. 7438)

If an individual got himself into a situation that leads to his arrest, it is important for
persons of authority such as the public officers, to educate the arrested person about
his/her rights. The arrested person must be informed of the offense he/she committed.
There are cases when public officers violate the law. For an individual who does not have
any idea about his rights, unlawful arrest may seem normal. The Republic Act No. 7438 or
an "Act defining certain rights of person arrested, detained or under custodial investigation
as well as the duties of the arresting, detaining and investigating officers, and providing
penalties for violation thereof" provides a comprehensive explanation about the rights of an
arrested person and the penalties for public officers who violate the law.

Republic Act No. 7438

Sec. 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of


Public Officers. - (a) Any person arrested detained or under custodial investigation shall at
all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all
times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person arrested
or detained does not know how to read and write, it shall be read and adequately explained
to him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits
by or conferences with any member of his immediate family, or any medical doctor or priest
or religious minister chosen by him or by any member of his immediate family or by his
counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his
or her spouse, fiance or fiancee, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.
As used this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation of
law.

Sec. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by
the case, those charged with conducting preliminary investigation or those charged with
the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the
following fees:

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave of grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided, That
the Municipal of City Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with the
provisions of Article 125 of the Revised Penal Code.

Sec. 4. Penalty Clause. - (a) Any arresting public officer of employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of
his right to remain silent and to have competent and independent counsel preferably of his
own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a officer or employee or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation for
the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstruct, persons or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, of from
examining and treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than
four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.

Miranda Warning

“You have the right to remain silent. Anything you say or do can be used against you
in a court of law. You have the right to an attorney. If you cannot afford an attorney one will
be appointed to you.”

These are Miranda rights guaranteed by the Constitution and afforded to those
taken into police custody in the U.S. Thanks to television shows, many people can recite
them from memory. But more than just knowing the words, it's important to understand
their significance and how to properly exercise these rights.
What are Miranda rights?

Miranda rights (collectively called the Miranda warning) are a practical adaptation of
the right against self-incrimination in the Fifth Amendment and the right to counsel in the
Sixth Amendment. In order to have a more fair system of justice, Miranda rights were
created so individuals without knowledge of the legal system could have a fair chance and
would not be improperly coerced by the police.

Where do Miranda rights come from?

Miranda rights were established in 1966 to safeguard constitutional protections for


people arrested or detained and interrogated by the police. They come from a Supreme
Court case, Miranda v. Arizona, where the court found that individuals in police custody
must be informed of their right to remain silent and their right to an attorney prior to a
police interrogation.

In this case, petitioner Ernesto Miranda was questioned by police officers in


connection to a rape and kidnapping. Miranda made a written confession to the crime to
the police after two hours of interrogation. The confession was entered into evidence at
Miranda's trial, and he was found guilty by a jury. However, Miranda's defense attorney
argued that because police had not informed Miranda of his right to have an attorney
present, the confession should not be admissible in court. Miranda and his attorney
appealed, and eventually the Supreme Court heard the case and decided that because
Miranda was not advised of his right to an attorney, the confession was inadmissible.

In the Supreme Court decision, Chief Justice Earl Warren wrote, “It is not sufficient to
do justice by obtaining a proper result by irregular or improper means.” Even if someone is
guilty of a crime, forcing them to speak to the police without knowledge of their basic
rights is wrong.

When should Miranda rights be read?

Today, if you are in police custody and the police interrogate you, they must read you
your Miranda rights first. If they do not, a judge could deem anything you say or do while in
police custody and during an interrogation to be excluded as evidence in a case against
you. (There are exceptions, including when public safety is at risk and there is an urgency in
questioning a suspect to protect the public.) Generally, police custody means being
formally under arrest. However, it also could apply to situations in which the average person
does “not feel free to leave,” like when they are handcuffed by police, or if the police have
weapons drawn on them. However, the term “not free to leave” is frequently the subject of
debate in courtrooms today. Interrogations do not include initial investigatory questions
asked by the police to assess the situation.

The Evolution of Custodial Rights

Miranda v. Texas Arizona

In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal
suspects, prior to police questioning, must be informed of their constitutional right to an
attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix
resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. Miranda
was not informed of his rights prior to the police interrogation. During the two-hour
interrogation, Miranda allegedly confessed to committing the crimes, which the police
apparently recorded. Miranda, who had not finished ninth grade and had a history of
mental instability, had no counsel present. At trial, the prosecution's case consisted solely of
his confession. Miranda was convicted of both rape and kidnapping and sentenced to 20 to
30 years in prison. He appealed to the Arizona Supreme Court, claiming that the police had
unconstitutionally obtained his confession. The court disagreed, however, and upheld the
conviction. Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.

The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that
the prosecution could not introduce Miranda's confession as evidence in a criminal trial
because the police had failed to first inform Miranda of his right to an attorney and against
self-incrimination. The police duty to give these warnings is compelled by the Constitution's
Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness
against himself," and Sixth Amendment, which guarantees criminal defendants the right to
an attorney.
The Court maintained that the defendant's right against self-incrimination has long
been part of Anglo-American law as a means to equalize the vulnerability inherent in being
detained. Such a position, unchecked, can often lead to government abuse. For example,
the Court cited the continued high incidence of police violence designed to compel
confessions from a suspect. This and other forms of intimidation, maintained the Court,
deprive criminal suspects of their basic liberties and can lead to false confessions. The
defendant's right to an attorney is an equally fundamental right, because the presence of
an attorney in interrogations, according to Chief Justice Warren, enables "the defendant
under otherwise compelling circumstances to tell his story without fear, effectively, and in a
way that eliminates the evils in the interrogations process."

Without these two fundamental rights, both of which, the Court ruled, "dispel the
compulsion inherent in custodial surroundings," "no statement obtained from the
defendant can truly be the product of his free choice."

Thus, to protect these rights in the face of widespread ignorance of the law, the
Court devised statements that the police are required to tell a defendant who is being
detained and interrogated. These mandatory "Miranda Rights" begin with "the right to
remain silent," and continue with the statement that "anything said can and will be used
against [the defendant] in a court of law." The police are further compelled to inform the
suspect of his or her right to an attorney and allow for (or, if necessary, provide for) a
defendant's attorney who can accompany him during interrogations. Because none of
these rights was afforded to Ernesto Miranda and his "confession" was thus
unconstitutionally admitted at trial, his conviction was reversed. Miranda was later retried
and convicted without the admission of his confession.

Miranda v. Arizona, in creating the "Miranda Rights" we take for granted today,
reconciled the increasing police powers of the state with the basic rights of individuals.
Miranda remains good law today.

Brown v. Mississippi

Brown v. Illinois, 422 U.S. 590 (1975), was a case in which the Supreme Court of the
United States held that the Fourth Amendment's protection against the introduction of
evidence obtained in an illegal arrest is not attenuated by reading the defendant their
Miranda Rights.

On May 13, 1968, Richard Brown was arrested outside of his Chicago, IL. apartment by
two members of the Chicago Police. The two officers, William Nolan and William Lenz,
entered Mr. Brown's apartment without probable cause later testifying that they had
entered to question Brown concerning the death of Roger Corpus, who had been killed a
week prior.

Following his arrest, Mr. Brown was taken to a police station for interrogation; prior
to beginning his interrogation, Mr. Brown was read his Miranda Rights. During interrogation
Mr. Brown produced a two-page written document acknowledging his role in the killing of
Roger Corpus. Mr. Brown would later give another statement to the Assistant State's
Attorney assigned to the case again acknowledging his role in Mr. Corpus' death but also
containing a number of factual inaccuracies. Both statements would later be introduced at
trial, ultimately resulting in Mr. Brown's conviction for the murder of Roger Corpus.

On review, the Illinois Supreme Court held that by giving Mr. Brown Miranda
Warnings, the causal chain between the illegal arrest and statements obtained had been
broken, and the statements were thus the result of free will.

In the case syllabus, the Court sums up its holding in three parts:
1. "The Illinois courts erred in adopting a per se rule that Miranda warnings
in and of themselves broke the causal chain so that any subsequent
statement, even one induced by the continuing effects of
unconstitutional custody, was admissible so long as, in the traditional
sense, it was voluntary and not coerced in violation of the Fifth and
Fourteenth Amendments."
2. "The question whether a confession is voluntary under Wong Sun must
be answered on the facts of each case."
3. "The State failed to sustain its burden in this case of showing that
petitioner's statements were admissible under Wong Sun."
Writing for a unanimous court, Justice Blackmun held that reading a defendant
their Miranda Rights does not remove the taint of an illegal arrest. The Court acknowledges
that under Wong Sun statements and evidence obtained from an illegal search can be
admissible if the connection between the search and the evidence is so attenuated that the
taint is dissipated. However, the Supreme Court held that attenuation under Wong Sun
requires a showing on the facts of the individual case. Allowing Miranda Rights to
automatically attenuate an illegal search would dilute the exclusionary rule.

Under the attenuation doctrine, evidence obtained through government


misconduct is admissible if "the connection between the misconduct and the discovery of
the evidence is attenuated —weakened— so as to make the evidence untainted by the
government's conduct." Because there was no intervening event in the two hours between
Mr. Brown's illegal arrest and the first statement that he made, the trial court erred in
admitting it. Similarly, as the second statement was a direct result of the first statement, it
too is inadmissible.

Escobedo v. Illinois

Escobedo v. Illinois, 378 U.S. 478 (1964), was a United States Supreme Court case
holding that criminal suspects have a right to counsel during police interrogations under
the Sixth Amendment. The case was decided a year after the court had held in Gideon v.
Wainwright that indigent criminal defendants had a right to be provided counsel at trial.

Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the night
of January 19, 1960. Escobedo was arrested without a warrant early the next morning and
interrogated. However, Escobedo made no statement to the police and was released that
afternoon.

Subsequently, Benedict DiGerlando, who was in custody and considered another


suspect, told the police that indeed Escobedo fired the fatal shots because the victim had
mistreated Escobedo's sister. On January 30, again, the police arrested Escobedo and his
sister, Grace. While transporting them to the police station, the police explained that
DiGerlando had implicated Escobedo and urged him and Grace to confess. Escobedo again
declined. Escobedo asked to speak to his attorney, but the police refused, explaining that
although he was not formally charged yet, he was in custody and could not leave. His
attorney went to the police station and repeatedly asked to see his client but was
repeatedly refused access.

Police and prosecutors proceeded to interrogate Escobedo for fourteen-and-ahalf


hours and repeatedly refused his request to speak with his attorney. While being
interrogated, Escobedo made statements indicating his knowledge of the crime. After
conviction for murder, Escobedo appealed on the basis of being denied the right to counsel.

Escobedo appealed to the Illinois Supreme Court, which initially held the confession
inadmissible and reversed the conviction. Illinois petitioned for rehearing, and the court
then affirmed the conviction. Escobedo appealed to the US Supreme Court. The ACLU
argued before the Court as amicus curiae favoring Escobedo in a 5-4 decision.

This holding was later implicitly overruled by Miranda v. Arizona in 1966, and the
Supreme Court held that pre-indictment interrogations violate the Fifth

Amendment, not the Sixth Amendment. As Escobedo was questioned during a


custodial interrogation, the result for the appellant would have been the same.

Terry Doctrine

Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision of the Supreme Court of the
United States in which the Court ruled that the Fourth Amendment's prohibition on
unreasonable searches and seizures is not violated when a police officer stops a suspect on
the street and frisks him or her without probable cause to arrest, if the police officer has a
reasonable suspicion that the person has committed, is committing, or is about to commit
a crime and has a reasonable belief that the person "may be armed and presently
dangerous."

For their own protection, after a person has been stopped, police may perform a
quick surface search of the person's outer clothing for weapons if they have reasonable
suspicion that the person stopped is armed. This reasonable suspicion must be based on
"specific and articulable facts" and not merely upon an officer's hunch. These permitted
police action has subsequently been referred to in short as a "stop and frisk," or simply a
"Terry frisk". The Terry standard was later extended to temporary detentions of persons in
vehicles, known as traffic stops; see Terry stop for a summary of subsequent jurisprudence.

The rationale behind the Supreme Court decision revolves around the
understanding that, as the opinion notes, "the exclusionary rule has its limitations." The
meaning of the rule is to protect persons from unreasonable searches and seizures aimed
at gathering evidence, not searches and seizures for other purposes (like prevention of
crime or personal protection of police officers).

The "stop-and-frisk" practice—which comprises stopping a person, briefly searching


their clothing for weapons, and questioning them, all without requiring their consent and
without enough grounds to arrest them—has long been routinely employed by all major
American police forces. "Stop-and-frisk" was traditionally viewed as a "low visibility" police
procedure, and up until the 1960s was "largely ignored by commentators and dealt with
ambiguously by most courts.

However, in the early 1960s, several major changes in American criminal law raised
the issue's importance. First, in 1961, the Supreme Court ruled in Mapp v. Ohio that the
Fourth Amendment's exclusionary rule applied to the U.S. states as well as the federal
government. Then, in 1966, the Supreme Court ruled in Miranda v. Arizona that the Fifth
Amendment requires courts to exclude confessions that law enforcement obtains without
first giving legal warnings. The "stop-and-frisk" practice became a popular topic in law
reviews, and a number of prominent articles were written on the subject. Several cases
forced state supreme courts to address the practice more directly, such as the Supreme
Court of California's 1963 decision in People v. Mickelson. Finally, in 1968, the U.S. Supreme
Court addressed the issue in Terry.

The Terry case involved an incident that occurred on October 31, 1963, in Cleveland,
Ohio. Policeman Martin

McFadden was on duty in downtown Cleveland and noticed two men standing on a
street corner. He watched one of the men, John W. Terry, walk down the street, stop in front
of a certain store, look through its window, then briefly continue on before turning around
and returning to the original street corner, stopping to look in the store window again on
his way back. The other man, Richard Chilton, then did the same route. McFadden watched
the pair repeat this routine about a dozen times, then a third man joined them and the
three walked up the street together toward the store. McFadden suspected that the men
were "casing" the store in preparation for robbing it, so he followed and confronted them.
He asked the men's names, then patted down Terry's and Chilton's exterior clothing and
discovered that they both had pistols in their jacket pockets.

After discovering the pistols, McFadden arrested Terry and Chilton, and they were
both charged with illegally carrying concealed weapons. At trial, Terry's lawyer made a
motion to suppress the evidence of the discovered pistol, arguing that the "frisk" by which
McFadden had discovered it was a violation of the Fourth

Amendment, and so per the exclusionary rule the pistol should be excluded from
evidence. The trial judge denied his motion on the basis that the "stop-and-frisk" was
generally presumed legal, and Terry was convicted. He appealed to the Ohio District Court
of Appeals, which affirmed his conviction, then appealed to the Supreme

Court of Ohio, which dismissed his appeal. He then appealed to the U.S. Supreme
Court, which agreed to hear his case and granted certiorari.

On June 10, 1968, the Supreme Court issued an 8–1 decision against Terry that
upheld the constitutionality of the "stop and-frisk" procedure as long as the police officer
performing it has a "reasonable suspicion" that the targeted person is about to commit a
crime, has committed a crime, or is committing a crime, and may be "armed and presently
dangerous". Suspicion in itself is not a crime.

Eight justices formed the majority and joined an opinion written by Chief Justice
Earl Warren. The Court began by stating that, contrary to Ohio's arguments, policeman
McFadden's stopping, questioning, and frisking of Terry and Chilton constituted actual
"searches" and "seizures" under the Fourth Amendment. However, in a major move, the
Court ruled that the Fourth Amendment "searches" and "seizures" that occurred during a
"stop-and-frisk" were so "limited" and "brief" that they did not require the police to have
probable cause beforehand.[9] Reasoning that police officers' need to protect themselves
outweighed the limited intrusions involved, the Court ruled that officers could "stop and
frisk" a person if they had "reasonable suspicion" that crime was afoot, and did not need the
higher level of "probable cause".[10] The Court defined this new, lesser standard of
"reasonable suspicion" as being less than

"probable cause" but more than just a hunch, stating that "the police officer must be
able to point to specific and articulable facts which, taken together with rational inferences
from those facts, reasonably warrant [the] intrusion.

The Court stated that this "reasonable suspicion" standard must apply to both the
initial stop and the frisk. First, it stated that a police officer must have reasonable suspicion
to stop a suspect in the first place. Second, it held that an officer could then "frisk" a stopped
suspect if he or she had reasonable suspicion that the suspect was armed and dangerous,
or if, in the officer's experience, the suspected criminal activity was of a type that was

"likely" to involve weapons. The officer's "frisk" could only be for the sole purpose of
ensuring the suspect was not armed, and so had to be limited to a pat-down of the
suspect's outer clothing.

The Court then applied these legal principles to McFadden's actions with Terry and
found that they comported with the "reasonable suspicion" standard. McFadden had years
of experience as a policeman, and was able to articulate the observations that led him to
suspect that Terry and the other men were preparing to rob the store. Since McFadden
reasonably suspected that the men were preparing for armed robbery, he reasonably
suspected that Terry was armed, and so his frisk of Terry's clothing was permissible and did
not violate Terry's Fourth Amendment rights.

The Court ended its opinion by framing the issue very narrowly, saying the question
it was answering was "whether it is always unreasonable for a policeman to seize a person
and subject him to a limited search for weapons unless there is probable cause for an
arrest."[14] In answer to this limited question, the Court said it was not. It ruled that when an
American policeman observes "unusual conduct which leads him reasonably to conclude in
light of his experience that criminal activity may be afoot and that the persons with whom
he is dealing may be armed and presently dangerous", it is not a violation of the

Fourth Amendment for the policeman to conduct a "stop-and-frisk" of the people he


suspects.

Daubert Case

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States
Supreme Court case determining the standard for admitting expert testimony in federal
courts. The Daubert Court held that the enactment of the Federal Rules of Evidence
implicitly overturned the Frye standard; the standard that the Court articulated is referred
to as the Daubert standard.

Jason Daubert and Eric Schuller had been born with serious birth defects. They and
their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical
Company, in a California District Court, claiming that the drug Bendectin had caused the
birth defects. Merrell Dow moved the case to federal court, and then moved for summary
judgment because their expert submitted documents showing that no published scientific
study demonstrated a link between Bendectin and birth defects. Daubert and Schuller
submitted expert evidence of their own that suggested that Bendectin could cause birth
defects. Daubert and Schuller's evidence, however, was based on in vitro and in vivo animal
studies, pharmacological studies, and reanalysis of other published studies, and these
methodologies had not yet gained acceptance within the general scientific community.

The district court granted summary judgment for Merrell Dow, and Daubert and
Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly
granted summary judgment because the plaintiffs' proffered evidence had not yet been
accepted as a reliable technique by scientists who had had an opportunity to scrutinize and
verify the methods used by those scientists. Furthermore, the Ninth Circuit was skeptical of
the fact that the plaintiffs' evidence appeared to be generated in preparation for litigation.
Without their proffered evidence, the Ninth Circuit doubted that the plaintiffs could prove
at a trial that the Bendectin had, in fact, caused the birth defects about which they were
complaining.

Frye Case
On November 25, 1920, almost a year after John Larson had joined the Berkeley
Police Department and a few months before he had read William Marston's article on lie
detection, a young black man named James Frye shot and killed a wealthy physician, also
black, in Washington, D.C. The victim, Dr. Robert W. Brown, was murdered in his office at
about 8:45 in the evening. Another physician was in the office and witnessed the shooting.
Frye ran out of the office with the eyewitness running after him. The chase ended abruptly
however when Frye took a couple of shots at his pursuer. Since the witness didn't know
Frye, the police had no idea who had committed the crime.

Seven months later, Frye committed an armed robbery which led to his arrest on
August 21, 1921. The police questioned him about the robbery and he confessed to it and to
the murder of Doctor Brown.

From this point on, the facts of the Frye Case, as evolved over the years, have
become more myth than reality. In 1981, a law professor at George Washington University
named James E. Starrs set the record straight when he presented a paper about the Frye
Case at the annual meeting of the American Academy of Forensic Sciences.2 According to
the Frye myth, and the popularly accepted version of the case, Frye confessed on the advice
of a friend who told him he would get part of the reward put up by the victim's family if he
took the blame for the killing. Frye later repudiated his confession, as the story goes, when
he learned that he had been duped. It was at this point his attorney brought William
Marston into the case to test his honesty.

Continuing with the popular version of the case, the results of Marston's lie detection
test indicated Frye had told the truth when he denied killing the doctor. But the trial court
refused to admit Marston's lie detection evidence, so Frye was convicted and sentenced to
life in prison. According to the myth, the friend who had talked Frye into confessing later
admitted killing the physician. As a result, Frye was freed after living three years behind
bars.

The above account not only makes a good story, it sheds favorable light on scientific
lie detection. If the trial judge had been more open minded, an innocent man would not
have been convicted.

According to Professor Starrs, however, the above version of the Frye Case is grossly
inaccurate. What really happened was that Frye took back his confession when his court
appointed attorney, Richard V. Mattingly, told him to. By the time the case went to trial,
Frye had come up with an alibi. He said he'd been visiting a woman named Essie Watson.

In his book, The Lie Detector Test, Marston states that he was called into the case by
Mattingly a few weeks before the trial because the attorney couldn't find any witnesses to
support Frye's alibi. Marston went to the jail on June 10, 1922 to give Frye his systolic blood
pressure test, a primitive method that involved nothing more than a standard medical
blood pressure cuff and a physician's stethoscope. After each question put to Frye, Marston
simply took his blood pressure. Compared to Larson's polygraph that at the time was a year
old, Marston's test was crude and unreliable.

After Marston had administered his test, he was convinced of Frye's innocence. He
wrote: “No one could have been more surprised than myself to find that Frye's final story of
innocence was entirely truthful! His confession to the Brown Murder was a lie from start to
finish.”3

The murder trial began on July 17, 1922 in a Washington, D.C. court before Judge
William McCoy. The defense was based upon Frye's alibi witnesses and Marston's lie
detection test. When the defense attorney tried to put Marston on the stand so he could
explain his lie detection test results, Judge McCoy objected. The judge also denied the
lawyer's request to allow Marston to give an open court demonstration.

The trial lasted four days, and without the lie detection evidence, Frye didn't have
much of a defense. According to Marston, someone had frightened off his alibi witnesses.
Frye therefore had no choice but to take the stand and testify on his own behalf.

Despite the fact Judge McCoy had made a decision that would become an
important and historical legal precedent, his ruling did not affect Frye as one would expect.
Since the argument over the admissibility of Marston's test was conducted in front of the
jury, the jurors knew that Marston's procedure had corroborated Frye's claim of innocence.
The jury deliberated three hours then returned with a verdict of guilty. But instead of
finding Frye guilty of first degree murder, a crime that called for the death penalty, they
found him guilty of murder in the second degree, an offense that brought a life sentence.
As Marston put it: “As far as James Frye was concerned, the test undoubtedly saved his life.
No jury could help being influenced by the knowledge that Frye’s story had been proved
truthful by the lie detector.”

The irony of the Frye Case can be summed up as follows: A guilty man's life was
saved by the erroneous results of a lie detector test that had been ruled inadmissible
because of its scientific unreliability.

The influence the lie detector had on the Frye jury was exactly the type of thing
Judge McCoy was trying to avoid. If lie detection results were offered by the prosecution as
evidence of an innocent man's guilt, the results could be disastrous.

Richard Mattingly appealed Fry's conviction on the grounds Judge McCoy had erred
in excluding Marston's test. Marston, himself a lawyer, followed the case closely. In a letter to
John Larson he mentioned that he had read in the newspaper that Larson had gotten the
polygraph evidence into court. “If this is so,” he wrote, “will you not give me details and
citation, if possible, to help us in the Frye Case? We are after a Supreme Court precedent in
that case, and are carrying it up, after conviction of second-degree murder, squarely on the
deception test exception, as you may have noted.”

Larson replied a few weeks later: “I wish to say that the papers were mistaken, for no
attempt has yet been made to introduce our deception records into court. I might add that
the chief reason has been that we have not been invited to do so.” Later in his letter, Larson
made a statement that must have unsettled Marston a bit: “Whenever I can find time to
write up the cases, I will send copies of the records of all types of cases and of individuals
who have lied without any appreciable change of blood pressure, as well as those who have
shown extreme changes.”6

In 1923, the Circuit Court of Appeals in the District of Columbia upheld Judge
McCoy's exclusion of Marston's lie detection results. Judge Van Orsdel wrote the appellate
court's opinion which established a test for the admission of expert testimony based upon
new scientific principles, a standard that is used by the courts today. The portion of the Frye
opinion most courts cite when denying the introduction of evidence, they don't like,
including polygraph evidence, is:

Just when a scientific principle or discovery crosses the line between the
experimental and demonstrative stages is difficult to define. Somewhere in this twilight
zone the evidential force of the principle must be reorganized, and while courts will go a
long way in admitting expert testimony deduced from a well-recognized scientific principle
or discovery, the thing from which the deduction is made must be sufficiently established
to have general acceptance in the particular field in which it belongs.

We think the systolic blood pressure deception test has not gained such standing
and scientific recognition among physiological and psychological authorities as would
justify the courts in admitting expert testimony deduced from the discovery, development,
and experiments thus far made.

Although Judge Van Orsdel set a general standard for the admission of new
scientific evidence, his opinion doesn't indicate exactly what he objected to in Marston's lie
detection procedure. It is not clear whether the judge questioned the principle that lying
causing changes in a person's blood pressure or if he objected to Marston's systolic blood
pressure test as a method of gathering and recording data for interpretation. He may have
rejected both the scientific principle behind Marston’s test and the technique itself.

If the Frye court's rejection primarily involved the lie detection technique rather than
the scientific principle behind it, then it was Marston's systolic blood pressure evidence, not
Larson's polygraph that was being ruled inadmissible in the Frye Case. If so, it could be
argued that the Frye decision has been inappropriately cited all of these years as precedent
for the exclusion of polygraph evidence.

It's interesting to speculate on what would have happened if Judge McCoy had been
confronted with the polygraph instead of Marston's procedure. In all probability the result
would have been the same. In Larson's case, however, the defense may not have pushed to
get the results into court since Larson's results probably would have shown that Frye was
lying.
At any rate, it is clear that Marston, in attempting to get his evidence into court, had
jumped the gun, and in so doing, had forced the court to reject scientific lie detection. As a
result, a legal precedent was established that has haunted the polygraph field for over sixty
years.

As for James Frye, he was paroled from the District of Columbia Prison at Lorton,
Virginia on June 17, 1939. He had served eighteen years in prison. Frye died in 1953 at the age
of fifty-eight. If it hadn't been for William Marston, he may have died a lot sooner.

CHAPTER 3
SCENE OF THE CRIME OPERATION

Scene of the Crime Operation (SOCO) - is a forensic procedure performed by


trained personnel of the PNP Crime Laboratory through scientific methods of investigation
for the purpose of preserving the crime scene, gathering information, documentation,
collection and examination of all physical evidence.
CDI 3 - SPECIAL CRIME
INVESTIGATION 2 WITH
SIMULATION ON
INTERROGATION AND
INTERVIEW
PRELIM COVERAGE

LESSON 1
SPECIAL CRIME INVESTIGATION DEFINED

Special Crime Investigation is consisting of special investigative techniques. It


concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory special crime investigation. It
involves a close relationship between the investigator in the field and the crime laboratory
technician. They work together as a team and both must be competent and well trained,
sharing and extending one another’s theories and finding, working patiently and
thoroughly to know the truth from their criminal enquiries.

Philippines justice system, particularly the court, relies more on physical evidence rather
than extra-judicial confessions and testimonies.
It generates tracing evidence that leads to the apprehension of dangerous criminals.
Oftentimes, potential valuable evidences are destroyed or rendered useless be careless
behavior and handling at the crime scene.

Responsibilities of Special Crime Investigators


1. Determine the existence of the crime
2. Verify Jurisdictions
3. Discover all facts and collect physical evidence
4. Recover stolen property
5. Identify perpetrator
6. Locate and arrest perpetrator
7. Assist in the prosecution of perpetrator
8. Testify effectively in court

Early Techniques of Crime Investigation


1. Archimedes (287–212 BC) invented a method for determining the volume of an object
with an irregular shape.

Book of Xi Yuan Lu - The first written account of using medicine and entomology to solve
criminal cases.

Carl Wilhelm Scheele - he devised in 1773 a method for detecting arsenous oxide, simple
arsenic, in corpses.

Henry Goddard - at Scotland Yard pioneered the use of bullet comparison in 1835.

Alphonse Bertillon - was the first to apply the anthropological technique of anthropometry
to law enforcement, thereby creating an identification system based on physical
measurements.

Sir William Herschel was one of the first to advocate the use of fingerprinting in the
identification of criminal suspects.

Four Basic Techniques That Can Be Used To Measure A Crime Scene


1. Rectangular/Coordinate System
2. Baseline/Station Line
3. Triangulation/Trilateration
4. Azimuth/Polar Coordinates

Azimuth - uses polar coordinates. This method requires two people; one to hold each end of
a tape measure. This type of measuring convention is best suited for large open areas
where there might not be any fixed reference points. A known starting point must be
established in your scene which might require pounding in a stake. That point is located by
using a handheld GPS (global positioning system). A large protractor or some other type of
board marked with a circle and degree increments is used. The zero location on the board is
oriented toward magnetic north.

Baseline is a method of locating object, particularly useful in in


large, irregularly shaped outdoor areas.

Triangulation - is a method that can be used when the scene is irregularly shaped. Two
control points are used for this method.
Rectangular is a method of obtaining measurement to locate an object by making a
measurement at right angles from each of two walls. Works
well for indoor measurements.

Three Fold Aims of Criminal Investigation


1. Identify the Perpetrator
2. Locate the Perpetrator
3. Provide Evidence

LESSON 2
Key Terminologies in Special Crime Investigation

First Responder (FR) is someone designated or trained to respond to an emergency. First


Responders or any authority that arrived at the crime scene are responsible to the
following:
1. Preserve life and identity of the suspect/s;
2. Locate (if evaded) the suspect;
3. Secure the witness;
4. Preserve the integrity of the crime scene’s physical boundaries; and
5. Reconstruct the crime scene.

Criminal Profiling, also known as, Offender Profiling refers to a set of investigative
techniques used by the police to try to identify perpetrators of serious crime. It involves
working out the characteristics of an offender by examining the characteristics of the crime
scene and the crime itself.

Crime Scene Processing, this approach is not only common sense, but also vital. The steps
employed to adequately assess any crime scene are, quite basically, to interview, examine,
photograph, sketch and process a crime scene. Processing a crime scene requires great
attention to detail and nuance.

Physical Evidence (also called real evidence or material evidence) is any material
object that plays some role in the matter that gave rise to the litigation, introduced
as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the
object's physical characteristics.

Corpus Delicti means “body of the crime” in Latin. It is also defined as the body or
substance of the crime and, in its primary sense, refers to the fact that a crime was actually
committed. A principle that a crime must be proved to have occurred before a person can
be convicted of committing that crime.

Murder is the unlawful premeditated killing of one human being by another.

Homicide is the act of one human killing another.

Parricide is the act of killing one's father (patricide), or less commonly one's mother
(matricide) or some other close relative.

Murder–suicide is an act in which an individual kills one or more people before (or while)
killing themselves.

Sketch is a rough drawing representing the chief features of an object or scene and often
made as a preliminary study. There are two types of sketches that must be prepared during
an investigation:
a. Rough Sketch is a sketch drawn at the crime scene that contains an accurate depiction
of the dimensions of the scene & shows the location of all objects having a bearing on the
case.
b. Finished sketch is a precise rendering of the crime scene, usually drawn to scale.

Court Proceedings is a proceeding in court in the prosecution of a person charged or to be


charged with the commission of a crime, contemplating the conviction and punishment of
the person charged or to be charged.

Prosecution is the act or process of holding a trial against a person who is accused of a
crime to see if that person is guilty.

Arrest is to seize someone by legal authority, or the legal taking of a person in custody.
Arrest Warrant is an order in writing issued in the name of the
Philippines commanding or directing a peace officer to arrest the person described therein
and brings it before the court. The warrant of arrest is to be served within a statutory period
of 10 days. The warrant of arrest validity continues unless:
1. Recalled by the issuing court;
2. The respondent has been arrested; and
3. Respondent voluntary submitted himself.

Conviction is a formal declaration that someone is guilty of a criminal offense, made by the
verdict of a jury or the decision of a judge in a court of law.

Acquit is to free (someone) from a criminal charge by a verdict of not guilty.

Appeal is to apply to a higher court for a reversal of the decision of a lower court.

Criminal Law is that branch or division of law which defines crime, treats of their nature,
and provides for their punishment. It binds all the people who lives or sojourn in the
Philippine territory.

In Flagrante Delicto or sometimes simply in flagrante is a legal term used to indicate that a
criminal has been caught in the act of committing an offence. The colloquial "caught red-
handed" and "caught rapid" are English equivalents.

Professional Robber - This characterized as having a long-term


commitment to crime as a source of livelihood, planning and organizing
crimes before committing them and pursuing money to support a particular
lifestyle.

Armed Robbery involves the use of weapons such as firearms, knives or other dangerous
weapons.
a. Animus Lucrandi is the intent to gain in a robbery.
b. Bienes Muebles means a personal property belonging to another, in Robbery.

Autopsy is known as post-mortem examination, necropsy, autopsia cadaverum, or


obduction, is a highly special surgical procedure that consist of a thorough examination of a
corpse to determine the cause and manner of death to evaluate any diseases or injury that
may be present.

Necropsy report is a document stating the cause of death of victim.

Dying declaration is made by the person under a consciousness or an impending death


regarding the cause and surrounding of the injury which subsequently produces his death.

RA 8353 is the Anti-Rape Law of 1997.

Forcible Rape - Sexual intercourse carried out against a person’s will


by the use of physical violence.

Power-Reassurance Rapist is one who psychologically doubts his masculinity and seeks to
dispel this doubt by exercising power and
control over women.

RA 9514 is the Fire Code of the Philippines.

Arson is an act of willfully and maliciously damaging or destroying a building or other


property by fire or explosion.

Phenomena are a circumstance, event or occurrence as it actually


exists or existed.

Photography is the most reliable means of preserving the crime scene or evidence.

Contusion is an injury found in the substance if the skin, discoloration of the surface due to
the extravasations of blood. This is due to the application of blunt instrument.

Abrasion is an injury characterized by the removable of the superficial epithelial layer of the
skin brought about by the friction against a hard rough surface.
Hematoma is the extravasations of blood in the newly formed cavity.
Incised wounds are produced by forcible contact on the body by sharp edged instrument
like bolos, knives, axe, broken glass or sharp edge of oyster.

Stab wounds are produced by the application of a sharp instrument which is edge and
sharp pointed.
Punctured wounds are produced by sharp pointed instrument like ice picks, nails pins, etc.

Lacerated wounds are made by the tearing of the skin due to forcible contact a blunt
instrument.

Confession is an express acknowledgment by the accused in a criminal prosecution of the


truth of his guilt as to the offense charged, while admission refers to statements of fact not
directly constituting an acknowledgment of guilt.

Admission is any statement of fact made by a party which is against


his interest or unfavorable to the conclusion for which he contends
or inconsistent with the facts alleged by him.

Spectrometry is modern detection method of alcohol and drugs.

Investigation was derived from the Latin word “Investigatus or Investigare” which means to
trace or track. Literally, investigation means the act or process of careful inquiry or research;
and /or the systematic examination of some scientific detail or question whether by
experiment or mathematical treatment. It may have been derived also from “vestigium,”
another Latin word which literally meant footprint.

It can also be understood as a patient, step by step (systematic) and careful (thorough)
examination of something or someone. It can be a legal or non-legal. With this premise,
investigation can be identified into six major types:
a. Formal Investigation refers to official inquiry conducted by a government agency in an
effort to uncover facts and determine the truth.
b. Inquest is an effort to search the basic cause of an incident such as the commission of a
crime. It is also used to describe a form of judicial inquiry.
c. Inquisition is a more historical description than a current usage to describe penetrating
investigation concerning a religious issue.
d. Probe is similar to formal investigation but is an extensive, searching inquiry conducted
by a government agency.
e. Research is most often employed to refer the careful, patient investigations done by
scientists or scholars in their efforts to identify original sources of data or causes of problem.
f. Investigative Reporting is a recent type of investigation conducted by the members of
the press on their own initiative.
The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he
must discover how it was committed, by whom, where it was committed, when and why it
was committed.

Criminal Investigation is an art which deals with the identity and location of the offender
and provides evidence of guilt through criminal proceedings. It may also be defined as may
be defined as the process of carefully examining or researching what transpired in a
criminal act. Modern-day criminal investigations commonly employ many modern scientific
techniques known collectively as forensic science.

Criminal Investigation: Art or Science?

Criminal Investigation as an Art:

Criminal Investigation is deemed considered as an art since it involves the personal


qualities of the investigators as to how he will utilize different techniques and devise his
own investigative skills in order to apprehend the perpetrator.

Criminal Investigation as a Science:

Criminal investigation as a science in a sense that criminal investigation follows a logical


procedure, methods or process in order to arrive at a certain conclusion as to how the crime
was committed as well as to how he will provide evidence to prove the guilt of the
perpetrator during criminal proceeding.
Perpetrator refers to the person suspected to have committed an act which is defined by
law as crime and whose identity was unknown to the police.

In the course of investigating crime, criminal investigation takes the following stages to
ensure the success of the case being handled namely:

Identity of perpetrator/s – it is important in the first part of investigation to


recognize as to who is the perpetrator of the crime. It is mainly established as this
will guide investigators as to who committed the crime.
Locate his/her whereabouts – after identifying perpetrator, the next step is to trace
his whereabouts, which includes but is not limited to his place of residence,
workplace, and hangout.
Provide evidence needed for his conviction – to successfully produce a conviction,
investigators must remember the rules of handling evidence so as to maintain its
integrity starting from the crime scene up until during court presentation.

Criminal Investigation as a Process:

Criminal Investigation involves the systematic process of identifying, collecting, preserving,


and evaluating data or raw facts to produce valuable information for the purpose of
bringing a criminal offender to justice. As a process, it is based on a systematic plan.

The Five Functions of Criminal Investigation – as a process, criminal investigation is


composed of five functions stated as follows:
Recognition or Identification of facts, information, evidence, etc.
Collection of facts, information, evidence, etc.
Preservation of forensic value (legal integrity) of facts, information, evidence, etc.
Evaluation of processing of evidence and case.
Presentation of evidence and criminal case.

Trichotomy of criminal investigation – three vital elements must be considered:


Training refers to the academic and technical preparations of criminal investigators
Tools refers to the devices and equipment used in criminal investigation
Technique is more on the unique means and processes applied in dealing with
varied crimes and incidents.

Legal Aspects of Criminal Investigation

At the heart of criminal investigative process is the RULE OF LAW. As it applies to the duties
of the investigator, the rule of law dictates what officers can and cannot do while
performing their duties. The following are some legal doctrines in criminal law basically
used in criminal investigation:

1. Exclusionary Rule – in 1914, in Weeks vs. USA, the US Supreme court decided a rule that
federal courts may not accept evidence obtained by unreasonable search and seizure,
regardless of its relevance to a case.

2. Fruit of the Poisonous Tree Doctrine – provides that the evidence obtained as a result of
an illegal operation must be excluded from trial. (Mapp vs. Ohio)

3. Miranda Doctrine requires that suspects must be informed of their right to remain silent,
and to have an attorney present during questioning process. It also mandates that prior to
any questioning, the police must inform the suspect of his: right to remain silent; right to
consult with an attorney; and his rights cannot be waived except in writing and in the
presence of a counsel.

Other doctrines in criminal jurisprudence which criminal investigators must consider in


performing their tasks of investigating crimes are: Doctrine of Warrantless Arrest; Doctrine
of Hot Pursuit; Plain View Doctrine; and Doctrine of Reasonable Doubt.

Due process is the legal requirement that the state must respect all legal rights that are
owed to a person. Due process balances the power of law of the land and protects the
individual person from it. When a government harms a person without following the exact
course of the law, this constitutes a due process violation, which offends the rule of law.

In the Philippines, due process is mentioned particularly in article III of the 1987 Philippine
Constitution where due process seeks to ensure the that no person is deprived of life,
liberty, or property without notice of changes, assistance from legal counsel, a hearing and
a chance to confront one’s accusers. In short, due process can be defined as “IT HEARS
BEFORE IT CONDEMNS.”

Criminal Investigator and his Desirable Traits

Qualities that Investigators must possess, as per Cirilo M. Tradio:


✓ Intelligence
✓ Honesty
✓ Patience
✓ Understanding
✓ Keen Observer
Qualities that Investigators must possess, as per Michael Lyman:
✓ Motivated
✓ Intuition
✓ Stability
✓ Judgment
✓ Street Knowledge
✓ Teamwork
✓ Persistence
✓ Reliability
✓ Intelligence
✓ Dedication
✓ Integrity

Qualities that Investigators must possess, as per Paul Weston:


✓ Alertness
✓ Integrity
✓ Logical
✓ Self-control

LESSON 3
THE GOLDEN RULE OF INTERVIEW

It is the questioning of a person believed to possess information which is relevant to the


investigation of a crime or on criminal activities. Also, it is a conversation with a purpose,
motivated by a desire to obtain certain information from the person being interviewed as to
what was done, seen, felt, heard, tasted, smell or known. Also, this is trying to question a
person who is believed to be possessing knowledge that is significant to an investigator.

Cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts
without intervention, interruption and inference from the interviewer.

The Golden Rule of Interview:


“Never conduct or let anyone conduct an interview if the interviewer has not gone to the
crime scene. The questioning should be in agreement with the facts and conditions at the
crime scene. The questioning will lead wayward for the interviewer who had not seen
personally the crime scene and he will not be in a position to distinguish half-truths,
exaggerations or falsehood from the answers of the person being interviewed.”

Qualities of a Good Interviewer

Rapport is the development of intimacy between the interviewer and the interviewee. It is
winning the confidence of a person being interviewed in order that he will tell all the
information in his possession. The interviewer must be in respectable civilian attire because
many thinks that uniform is intimidating.

Forceful Personality pertains to the appearance of the interviewee and other qualities such
as skills of communication techniques and the force of his language are the mainstays of
the strength of his character.

Knowledge of Human Behavior is the ability of the interviewer to determine the


personality and intelligence of his subject. He must go down and up to the level of
understanding of his particular subject – the interviewee.

Conversational Tone of Voice means that his tone of voice must be conversational, not
confrontational as in interrogation.
Common Interest shows that his preliminary probing questions should be aimed to
establish common interest between him and the subject.

Acting Qualities refers to the fact that the investigator must possess the qualities of an
actor, salesman, and psychologist and knows how to use the power of persuasion.

Humility states that he must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview.

LESSON 4
THE WITNESS

A witness is a person who sees an event, typically a crime or accident, take place.

Forensic Evidence Admissibility and Expert Witnesses


1. The Frye Standard is the scientific evidence and the principle of general acceptance. Also,
it is a set of standards established by the Court of Appeals of the District of Columbia in 1923
for Frye vs. the United States. The standards in general define when a new scientific test
should be admissible as evidence in the court system. It is a test emphasizing that the
subject of an expert witness’s testimony must conform to a generally accepted explanatory
theory. Named after the case in which the determination was made.
Note: Courts will admit scientific evidence if the experimental testimony was deduced
from a generally accepted and well-recognized scientific principle or discovery, the thing
from which the deduction is made must be in the particular field in which it belongs.

2. The Daubert test is a standard for determining the reliability of scientific expert
testimony in court currently adopted by many jurisdictions. Five factors are utilized to
assess the scientific theory or technique testing of theory, use of standard and controls,
peer review, error rate, and acceptability in the relevant scientific community.

Reasons Why Witnesses Refuse to Talk and Testify


1. Fear of Reprisal
It is always entertained by witnesses who lack the courage to face the suspect, his company
or relatives. It is also natural for a witness who has no means to protect themselves or no
influential person to rely on.

2. Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to the
unemployed.

3. Hatred against the Police


This hatred is may be due to a previous bad experience with rogue members of police
organization.

4. Bias of the Witness


This witness may be an acquaintance, friend, helper, or benefactor of the suspect.

5. Avoidance of Publicity
These are witnesses who are shy and they shun publicity that will bring them discomfort to
their ordinary or obscure way of living.

6. Family Restriction
Some famous and respected families preserve their reputation by instilling to their
members the need of approval of their elders on matters affecting their families.

7. Bigotry
Religious, racial, tribal, or ethnic kind of indifference.

8. Cultist Indoctrination
Some cults or religious denomination exercise religious or moral influence on the decision
of witnesses to testify. It would be more apparent when the witness and the suspect belong
to the same cult.

Common Technique to Convince Witnesses to Talk and Testify


Many of these witnesses want that they will not be utilized as a formal witness but to
remain anonymous. The investigator must initially agree that the testimonies be given the
shroud of confidentiality. After the full disclosure of the information, the investigator then
persuades these witnesses to be utilized as formal witnesses especially when there is the
necessity of the testimonial evidence. The power of persuasion plays a key role.

Stages of Handling the Interview


1. Preparation
The investigator should review the facts at the crime scene and information from other
sources in order to prepare him for the questioning of witness.

2. Approach
The investigator must carefully select his kind of approach, which may be a single kind,
a combination of two, or the application of all techniques.

3. Warming Up
This is being done by preliminary or exploratory questions to clear the atmosphere,
promote a conducive ground for cordiality, respect, and trust.

4. Cognitive Interview
The subject is now asked to narrate his account without interruption, intervention or
inference.

Rules in Questioning
One Question at a Time
Avoid multiple, complex and legalistic question.
Avoid Implied Answers
The nod of the head or any other body language as a response to the question should be
avoided. The answer must be oral, clear, explicit and responsive to the questions.
Simplicity of Questions
A short, simple question at a time is required.
Saving Faces
Embarrassing questions on the subject on matters of exaggeration of honest errors about
the time, distance and description can be avoided if the investigator will cooperate with the
subject to “save his face.”
Yes and No Answers
Do not ask questions which could be answered by “Yes” or “No.” It will curtail the complete
flow of information and will lead to accuracy.

Types of Witnesses According to their Attitude


Know-Nothing Types are those who reluctant types of witnesses. They are among the
uneducated and of low level of intelligence.

Disinterested Types are those who are uncooperative and indifferent subject. Their
difference should be demolished to arouse their interest or to be flattered.

The Drunken Types are the ones that the investigator must adapt to, especially on the
psychological part of the subject. When this type of subject is sobered, another interview
will be conducted, confronting him about his disclosures while in the state of drunkenness.
Written statement must be taken during his sobriety.
4. Suspicious Type is those who are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations or
psychological pressure.

Talkative Types are those who are prone to exaggerate, adding irrelevant or new matters
to their narrations. The skillful investigator could prune the unnecessary matter from
relevant ones.

Honest Witnesses are truthful and cooperative witnesses where the investigator could rely
upon, with little or no problem in handling them.

Deceitful Witness is a liar. The investigator must let them lie in order for them to repeat
their narrations several times. They will be enmeshed in contradictions.

Timid Witness is the shy-type of witness. The approach must be friendly and they must be
reassured of the confidentiality of the information given.

Boasting, Egoistic or Egocentric Witnesses are good witnesses because of their ability to
express their accounts of the commission of the crime. They are susceptible to add color or
importance in their role as witnesses, probably under-rating the accounts of others.
Refusal-to-Talk Witness is the most difficult subjects to deal with. The causes may be
trauma, shock, fear, hatred, and others.

The IRONIC Format is a form of interview wherein the witness can be described by its
acronym ‘IRONIC’ which stands for Identity, Rapport, Opening Statement, Narration,
Inquiry, and Conclusion.

Identity
Prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank, and agency, except when there is no need to know the officer’s
identity.

Rapport
It is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator to have a better interaction.

Opening Statement
The investigator must have to indicate why the subject is being contracted.

Narration
The witness should be allowed to tell all he knows with little interruptions from the
investigator.

Inquiry
After all information have been given by the subject, that is the time for the investigator to
as question to clarify him about the case under investigation.

Conclusions
After the interview, it is but proper to close the interview with outmost courtesy and
thanking the subject for his cooperation.

Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible truth. Utmost care
must be exercised before concluding the culpability of the suspect.

Complaints and Testimonies be reduced to Writing


Complaints and testimonies shall be reduced to writing in the form of Questions and
Answers – never use an affidavit form. It must be placed under oath before an officer
authorized to administer such.

LESSON 5
THE ART OF OBTAINING INFORMATION

Information is the knowledge or data, which an investigator acquired from other persons
or records.

Classes of Information
1. Regular Sources are records, files from the government and non-government
agencies, and new items.
2. Cultivated Sources are information gathered upon initiative of the investigator from
informants, vendors, taxicab drivers, and others.

Informant is a person who gives information to the police relevant to a criminal case about
the activities of criminals or syndicates.

Types of Informants:
Anonymous informant does not wish to be identified.

Rival elimination informant has the goal to eliminate competition.

False informant reveals information of no consequence or value.


Frightened informant is motivated by anxiety.

Self-aggrandizing hangs about the fringes of the criminals.

Mercenary informant gives information for a price.


Double crosser informant wants to get more information from the police.

Woman informant is a female associate of the criminals.

Legitimate informant operators of legitimate business establishments.

Motives of Informants
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

3. Grapevine Sources are information coming from the underworld characters such as
prisoners and ex-convicts.

Twelve (12) Common Areas of Information


1. Was there a witness?
2. Can the suspect be named?
3. Can the suspect be located?
4. Can the suspect be described?
5. Can the suspect be identified?
6. Can the suspect’s vehicle be identified?
7. Is the stolen property traceable?
8. Is there a clear modus operandi?
9. Is there significant physical evidence present?
10. Is there positive reports concerning physical evidence from technicians?
11. Is it reasonable to conclude that the case will be solved by normal investigative effort?
12. Was there a clear limited opportunity for anyone but the suspect to commit the crime?

MIDTERM COVERAGE

LESSON 1
POLICE IN THE MODERN WORLD

Main Division of Criminalistics


Three (3) Scientific Divisions – subjects require the study of science and mathematics
before practical training in the laboratory, namely:
a. Chemistry
b. Physics or Physical Identification
c. Biological Science or Medico-legal
Five (5) Technical Divisions –
a. Questioned Document
b. Firearms Identification (Ballistics)
c. Latent or Fingerprint Examination (Dactyloscopy)
d. Forensic Photography
e. Lie Detection or Polygraphy

I. Concepts of Criminalistics

Polygraphy or Lie Detection Test focused in detecting deception.

The first polygraph was created in 1921, when a California-based policeman and physiologist
John A. Larson devised an apparatus to simultaneously measure continuous changes in
blood pressure, heart rate and respiration rate in order to aid in the detection of deception.
The invention of the polygraph cannot be, however, attributed to a single individual. Seven
years prior, in 1914, Italian psychologist Vittorio Benussi had published his findings on the
respiratory symptoms of the lie detector, and it was American psychologist, lawyer and
author William M. Marston who invented the discontinuous systolic blood pressure test for
the detection of deception in 1915 which, when taken together, formed the basis for Larson’s
polygraph.
Larson’s early work benefited from the aid of his then-protégée Leonarde Keeler, who is
often credited with the creation of the first polygraph testing procedures, such as the
Relevant/Irrelevant Question Technique.

Relevant vs. Irrelevant Questions


A relevant question pertains directly to the situation. For example, if the case is about
business theft, the polygraph (lie detection) examiner may ask, “Have you ever embezzled?”
An irrelevant question is one designed to provoke no emotion, and an examiner may ask, “Is
coffee bitter?”

Keeler was responsible for making the polygraph apparatus portable and was the first to
add the galvanic skin response (GSR) channel to it in 1938, based on the work of Fordham
University Graduate School Psychologist Reverend Walter G. Summers. Keeler, however, did
not share Larson’s dedication to academia, but rather desired financial and commercial
success. Prior to his death in 1949, Keeler contributed greatly towards the popularity of the
polygraph, much like Marston did, but also became one of the first of many to focus purely
on the polygraph’s lucrative potential at the expense of any academic contribution.
Following Keeler’s death, the polygraph’s history continued unabated with John E. Reid,
who is known for the controversial ‘Reid Technique’ of interviewing/interrogation. Reid did
not only establish his own polygraph school, but developed the CQT, the polygraph testing
procedure that replaced Keeler’s Relevant/Irrelevant Question technique as the most widely
used technique, which it remains to date.

Control Question Technique (CQT)


The Reid Technique is a method of interrogation. The system was developed in the United
States by John E. Reid in the 1950s, who was a psychologist, polygraph expert and former
Chicago police officer. The technique is known for creating a high-pressure environment for
the interviewee, followed by sympathy and offers of understanding and help, but only if a
confession is forthcoming. Since its spread in the 1960s, it has been a mainstay of police
procedure, especially in the United States.

The Reid Technique's Nine Steps of Interrogation are:


❖ Positive Confrontation
The investigator tells the suspect that the evidence demonstrates the person’s guilt. If the
person’s guilt seems to clear the investigator, the statement should be unequivocal.
❖ Theme Development
The investigator then presents a moral justification (theme) for the offense, such as placing
the moral blame on someone else or outside circumstances. The investigator presents the
theme in a monologue and in a sympathetic manner.

❖ Handling Denials
When the suspect asks for permission to speak in this stage (likely to deny the accusations),
the investigator should discourage allowing the suspect to do so.

❖ Overcoming Objections
When attempts at denial do not succeed, a guilty suspect often makes objections to
support a claim of innocence. The investigator should generally accept these objections as
if they were truthful, rather than arguing with the suspect, and use the objections to further
develop the theme.
Ex. “I would never do that because I love him.”

❖ Procurement and Retention of Suspect’s Attention


The investigator must procure the suspect’s attention so that the suspect focuses on the
investigator’s theme, rather than on punishment. The investigator should also “channel the
theme down to the probable alternative components.”

❖ Handling the Suspect’s Passive Mood


The investigator “should intensify the theme presentation and concentrate on the central
reasons he or she is referring as psychological justification and continue to display an
understanding and sympathetic demeanor in urging the suspect to tell the truth.”

❖ Presenting an Alternative Question


The investigator should present two choices, assuming the suspect’s guilt and developed as
a “logical extension for the theme,” with one alternative offering a better justification for the
crime (Ex. “Did you plan this thing out or did it just happen on the spur of the moment?”).
The investigator may follow question the question with a supporting statement “which
encourages the suspect to choose the more understandable side of the alternative.”

❖ Having the Suspect Orally Relate


After the suspect accepts one side of the alternative (thus admitting guilt) the investigator
should immediately respond with a statement of reinforcement acknowledging the
admission. The investigator then seeks to obtain a brief oral review of the basic events,
before asking more detailed questions.

❖ Converting an Oral Confession to a Written Confession


The investigator must convert the oral confession into a written or recorded confession. The
guidelines are repeating such as Miranda Warnings, avoiding leading questions, and using
the suspect’s own language.

2. Police Photography division of forensic science focused in providing pictorial record of


the crime scene.

Any police photographs are considered forensic if they are recorded and sworn by the
police photographer as evidence authored under law. Also, surveillance photos of a suspect
or a security camera documenting a beer store robbery can be introduced as forensic when
sworn by the owner and then used as evidence.

Forensic Photography Division:


1. Crime scene documentation and recording
2. Physical evidence still photography and videotaping
3. Infrared, ultraviolet and infrared-luminescent photographic examination
4. Trace evidence photography
5. Aerial photography
6. Image enhancement techniques
7. Specialized identification and surveillance photography
8. Crime reconstruction, re-enactment, etc. via motion picture or videotape procedures
9. A new forensic camera contained in a brief case that captures images and transmits
them to a remote television via microwaves.

3. Forensic Chemistry involves the use of the science of chemistry in the examination of
fibers, hairs, powder burns, blood, stain, paints, poisonous substances and other matters in
their relevance to the investigation.

Chemistry Division:
1. Analysis of contact traces
2. Comparison of materials
3. Proof of fraud or false pretense
4. Toxicology, isolation and identification of poisons
5. Examination and comparison of prohibited drugs
6. Identification of substances used in abortion
7. Determination of alcohol in body fluids from allegedly intoxicated motorists
8. Identification of explosives
9. Malicious damage with chemicals
10. Water pollution
11. Fire raising materials from debris taken from scenes of fire

4. Legal Medicine is used to determine the cause of death as one of the elements of corpus
delicti and it could also approximate the time of death and other pertinent and relevant
matters in the investigation.

A medico-legal (sometimes written as medico-legal or medico-legal) report is


a report which is written by a doctor or another health professional for legal proceedings.
A medico-legal report is the written evidence of a medical expert witness.

Biological or Medico-Legal Division:


1. Tests for Presence of Blood
a. Presumptive Test (Benzidine TMB Reagent)
b. Confirmatory test (Hemin)
c. Biological Perciptin (Ring Perciptin)
d. Blood grouping
2. Tests for Presence of Semen
a. Preliminary Test (Florence)
b. Confirmatory Test (Microscopic Examination)
3. Toxicological Analysis – of human body fluids and organs, including pathological studies
of tissue to aid in determining the cause of death, is normally a responsibility of the coroner
or medical examiner.
5. Forensic Ballistics is the science of firearms identification.

A comparison microscope is used for the examination of fired bullets, bullet fragments and
cartridges/shot shell cases. According to the shot patterns of the crime scene, authorities
speculated whether this shooting was an accident or intent.

Firearms Identification Division:


1. Test firing of all firearms
2. Comparisons of bullets and cartridge casings to evidence guns
3. Securing all firearms
4. Restoration of Serial Numbers
5. Clothing analysis for gunshot evidence
6. Analysis of any firearms-related evidence

6. Dactyloscopy or Personal Identification is otherwise known as the science of fingerprint


identification.

It deals with the preservation of fingerprints, bite marks, broken fingernails, bodily fluids,
shoe or tire markings, hair strands, fibers, paints, glass, blood/stains and dried blood stains.

Latent or Fingerprint Examination Division:


1. Searches for, develops, photographs, and lifts latent prints at the scene of investigation
2. Compares suspect’s prints with latent prints obtained from crime scenes
3. Takes plaster casts of footprints, tire tracks, etc.
4. Conducts fingerprint examination of various items of evidence
5. A service available to investigators is a computer terminal that records fingerprints
electronically, without ink or smudges.

7. Questioned Documents Examination establishes if there is alteration, superimposition,


or erasures, either mutually or chemically of a document.

Another notable amendment is the change of the term “Best Evidence Rule” to “Original
Document Rule.” This change was made to reflect the precept that the application of the
rule is limited to documentary evidence only.
Furthermore, the RRE expanded the definition of documentary evidence. Under Section 2
of Rule 130, documentary evidence includes writing, recording, photograph or other record.

Photographs, still pictures, drawings, stored images, X-ray films and motion pictures or
videos are expressly included in the definition of documentary evidence. Given that
photographs and recordings are considered documentary evidence, the “Original
Document Rule” likewise applies.

Other examples of Documentary Evidence for Special Crime are:


Death threats prior to death
Letter inciting to rebellion
Terrorism
Official receipts
Delivery receipts
Bank statements
Checks used in purchases to execute the crimes

Questioned Document Division:


1. Comparison and examination of forged, altered or questioned documents
2. Examines and compares handwriting exemplars
3. Comparison made on typewriters and check protectors
4. Restores or deciphers altered, obliterated or erased writing
5. Physical matching of cut or torn paper of various types
6. Examine and compare forged documents

8. Forensic Odontology pertains to the removal of dentures are of paramount importance


in the identification of unknown bodies especially when other means of identification is lost.
9. Forensic Psychology is a very recent science in the field of criminal investigation and
detection.

10. Forensic Computer Technology is the age of advanced information technology.

11. Physics or Physical Identification


1. Trace analysis involves the examination, identification and evaluation of numerous types
of physical evidence collected in criminal investigations.
2. Microscopic examination of specimens taken from rape victims
3. Microscopic examination and comparison of fibers, hair, tool marks, pry marks and wood
chips
4. Shoe and tire prints and imprints
5. Soil samples, debris, paint, glass and plastic fragments

LESSON 2
INSTRUMENTATION

Instrumentation is sometimes called Criminalistics. It is the process of applying


instruments or tools of the police sciences in criminal investigation and detection. This is
the use of the Police Laboratory in the examination of physical pieces of evidence.

Task of In-Depth Inquiries


1. Return to the crime scene
2. Processing and coordination of reports, records and documents
3. Application of criminalistics
4. Gathering investigative leads by obtaining information

Modern Discoveries of Instrumentation


1. DNA (DEOXYRIBONUCLEIC ACID)
DNA Fingerprinting is considered to be the ultimate identification test in the conduct of
criminal investigation. It provides 100 percent positive identification of a suspect whose
blood, semen and/or other DNA-bearing body tissues of fluids were found at the crime
scene or with the victim.

Hair Examination
The roots of the hair when examined under this new technology will determine the
presence of drugs taken by the person two years prior to the said examination.

Automated Fingerprint Identification System (AFIS)


A questioned fingerprint is feed into the AFIS machine which will automatically search the
files of fingerprints and renders report in matters of seconds.
GLOBAL POSITIONING SYSTEM (GPS)
This is for the effective identification on the location of criminals and objects through
modern and special gadgets. It points out the exact location of the subject or the person
who committed the crime.

LESSON 3
RELEVANT LAWS

A. RULES OF COURT: Rules of Admissibility, B. Testimonial Evidence

No. 7 Opinion Rule, Sec. 48. General Rule. – The opinion of witness is not admissible,
except as indicated in the following sections.
Section 42. Part of Res Gestae. – Statements accompanying an equivocal act material to
the issue, and giving it a legal significance, may be received as part of the res gestae.

No. 7 Opinion Rule, Sec. 49. Opinion of Expert Witness. – The opinion of a witness on a
matter requiring special knowledge, skill, experience or training which he shown to possess,
may be received in evidence.

No. 7 Opinion Rule, Sec. 48. Opinion of Ordinary Witnesses. – The opinion of a witness for
which proper basis is given, may be received in evidence regarding:
The identity of a person about whom he has adequate knowledge;
A handwriting with which he has sufficient familiarity; and
The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or
appearance of a person.
B. R.A. 9208

Sec. 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 200.”

Sec. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of measures and development
of programs that will promote human dignity, protect the people from any threat of
violence and exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked persons but
more importantly, to ensure their recovery, rehabilitation and reintegration into the
mainstream of society.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or


receipt of persons with or without the victim's consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which includes at
a minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any
of the means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money,
profit or any other consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or
deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related


establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists. This includes sexual
services and practices offered during rest and recreation periods for members of the
military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production


of pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's
vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the
length and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition,


cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of the
sexual parts of a person for primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council against Trafficking created under Section
20 of this Act.
LESSON 4
CONCEPTS OF HUMAN RIGHTS INCLUDING THE RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION

Custodial Investigation is any questioning by law enforcement after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way. It
refers to the investigation conducted by law enforcement immediately after arrest for the
commission of an offense. It begins when a person has been arrested and brought to the
custody of law enforcers in which suspicion is focused on him in particular and questions
are asked from him (the suspect) to elicit admissions or information on the commission of
an offense.

R.A. 7438, otherwise known as “AN ACT DEFINING CERTAIN RIGHTS OF A PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES
OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING FOR
VIOLATIONS THEREOF,” was enacted into law.

D. Bill of Rights - Sec. 12, Article III of the 1987 Constitution states that:

1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence.
Sec. 17 states that no person shall be compelled to be a witness against himself.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their
families.

E. R.A. No. 11479


R.A. No. 11479 is the Anti-Terrorism Act of 2020, officially designated as Republic Act
No. 11479, is a Philippine law whose intent is to prevent, prohibit, and penalize terrorism in
the Philippines. The law was signed by President Rodrigo Duterte on July 3, 2020 and
effectively replaced the Human Security Act of 2007 on July 18, 2020.

F. Criminal Detection as a Criminal Justice Essential

Applied to the criminal realm, a criminal investigation refers to the process of collecting
information (or evidence) about a crime in order to:
(1) Determine if a crime has been committed;
(2) Identify the perpetrator;
(3) Apprehend the perpetrator; and
(4) Provide evidence to support a conviction in court.

FINAL COVERAGE
LESSON 1 - FINALS
Confession is the direct acknowledgement of guilt arising from the commission of a crime.

Types of Confession
Extra-Judicial Confession is those made by the suspect during custodial
investigation.
Judicial Confession is those made by the accused in open court. The plea of guilt
may be during arraignment or in any stage of the proceedings where the accused
changes his plea of not guilty to guilty.

Admission is a self-incriminatory statement by the subject falling short of an


acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which
guilt maybe inferred. It implicates but does not incriminate. It is also an acknowledgement
that a fact, action or circumstances are true which strongly infer or directly admit guilt but
lacks the detail of the elements of the crime.

Rules to be observed in Taking Confession or Admission


Confession or admission must be taken preferably in writing and under oath
It must be written in the language known and understood by the accused, if not it
must be clearly translated
It must be freely and voluntary given by the accused
Under the New Constitution, it must be taken in the presence of competent and
independent counsel chosen by the accused

Kinds of Criminals Identified by Witnesses


1. Known criminals
2. Unknown criminals

Methods of Identification by Witness


• Verbal description
• Photographic files (Rogues Gallery)
• General Photograph
• Artist sketch (Composite Criminal Illustration)

What are the procedures of identification by eyewitness?


1. Physical Line-Up is a means of selecting a suspect from a group of innocent persons
usually composed of seven to ten persons. The purpose of line-up is to eliminate the power
of suggestion.

2. Physical Show-Up is only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.

The value of identification by eyewitness depends on:


a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility; and
c. The lapse of time.

LESSON 2 - FINALS

Interrogation vs. Interview


When we talk about interview (investigative), it simply pertains to the fact that it is done
with witnesses and victims. Its aim is to gather information and to find out the truth of what
happened. On the other hand interrogation (accusatorial) is a questioning of a person
suspected of having committed an offense or a person who is reluctant to make full
disclosure of information in his possession which is pertinent to the investigation. It is done
with suspects who the police believe to be guilty, as its aim is to extract confession,
incriminate statements or admissions of guilt from the person being interrogated.

What are the purposes of Interrogation?


• To obtain confession to the crime
• To induce the suspect to make admission
• To learn the facts of the crime
• To learn the identity of the accomplice
• To develop information which will lead to the recovery of the fruits of the crime
• To discover the details of other crimes participated by the suspect

Kinds of Lies made during Interrogation/Interview

If you do a Google search on how to tell when someone is lying, you’ll find many articles
that give you lists with items such as nervousness, voice changes, fidgeting, or averting eye
contact. But if you have ever participated in an interview, these happen all the time! These
are perfectly normal reactions to a relatively stressful event such as an interview or
interrogation. Also, 23% of people admit lying during an interview.

An interrogator/interviewer can continue to rephrase your question until you receive


enough clarification. If someone is indeed lying, continuing to push the conversation will
lead to a new choice—they must now escalate the lie or claim a misunderstanding and
explain the truth. If they choose to escalate the lie, the indicators that they are lying tend to
become more obvious. Knowing what types of lies to look out for can also be helpful in
detecting lies:
1. Error—a lie by mistake. The person believes they are being truthful, but what they are
saying is not true.

2. Omission – leaving out relevant information. Easier and least risky. It doesn’t involve
inventing any stories. It is passive deception and less guilt is involved.

3. Restructuring—distorting the context. Saying something in sarcasm, changing the


characters, or the altering the scene.

4. Denial—refusing to acknowledge a truth. The extent of denial can be quite large—they


may be lying only to you just this one time or they may be lying to themselves.

5. Minimization—reducing the effects of a mistake, a fault, or a judgment call.

6. Exaggeration—representing as greater, better, more experienced, more successful.

7. Fabrication—deliberately inventing a false story.

Four Colors of Lies

1. White lie

In this model, white lies are altruistic as we seek first to help others, even at some cost to
ourselves.

In practice, there are shades of white and what we tell ourselves are white lies are often
tending more towards gray than pure white. Even when we lose out significantly, there is
arguably always some benefit, for example in the way we feel good about our actions and
how others praise or thank us for our selflessness.
2. Gray lie

Most of the lies we tell are gray lies. They are partly to help others and partly to help
ourselves. They may vary in the shade of gray, depending on the balance of help and harm.
Gray lies are, almost by definition, hard to clarify. For example you can lie to help a friend
out of trouble but then gain the reciprocal benefit of them lying for you while those they
have harmed in some way lose out.
3. Black lie

Black lies are about simple and callous selfishness. We tell black lies when others gain
nothing and the sole purpose is either to get ourselves out of trouble (reducing harm
against ourselves) or to gain something we desire (increasing benefits for ourselves). The
worst black lies are very harmful for others. Perhaps the very worst gain us a little yet harm
others a great deal.
4. Red lie

Red lies are about spite and revenge. They are driven by the motive to harm others even at
the expense of harming oneself. They may even be carved in blood. When we are angry at
others, perhaps because of a long feud or where we feel they have wronged us in some
way, we feel a sense of betrayal and so seek retributive justice, which we may dispense
without thought of consequence.

The interrogator/interviewer seeks to understand lies and the motivation beneath them.
Then respond to the lies in ways that help people tell the truth or otherwise further his or
her aims.
When a person being questioned lies, they question their own motives. It is easy to think
they are telling white lies when actually they are a certain shade of gray. The
interrogator/interviewer must know how to read between the lines.

Interrogation Techniques are used to make someone admit or confess to the crimes that
they did.
1. Pretext Phone Call
The police will arrange for the alleged victim or someone related to the victim to call you
out of the blue, saying something like,

“If you apologize for what you did, we will not go to the police or press charges. We just
want to hear that you are sorry.”

Rationale:
If this person apologizes and the person who called recorded this phone call, it is most likely
to be admitted in court as your admission of guilt or even as your confession, depending on
the conversation. Also, this can happen even before the police interrogate this person who
was called. They may have already gotten your incriminating statements, admissions of
guilt, or confession through this pretext.

2. Isolation
The interrogation room is usually very small, no window, no paintings on the wall, posters or
even clocks, which means there is nothing for the person in custody to fix his or her eyes on
and the person will only have to look at and listen to the interrogator.

Factors:
a. Small and isolated interrogation room
b. No window
c. No distraction
Suspect is fixed while officer is mobile
d. Suspect is stewed for a period of time before questioning

Rationale: This makes the person who is going to be interrogated feel like he is being
isolated, alone and completely powerless.

3. Rapport Building
The interrogator asks friendly and non-case related questions in the beginning such as, “I
see you wearing a Chicago Bulls hat. Are you a fan of Michael Jordan?” and it also the
beginning of a small talk. They may also offer a drink and some interrogators also go the
extra mile and wear the similar clothes in order to emphasize similarity and to establish
rapport.

Rationale: They chat and interact with you in order to establish a behavioral baseline so that
later on they will be able to sense when you are tense.
4. Waiver of Rights
The interrogator will establish the fact that he or she wants to know the suspect’s side of
the story. With a calm tone, they will ask you nicely to fill out a form and very easily get you
to give up your right to remain silent and right to legal counsel.

“It seems like you want to talk to me. Seems like you are someone I can talk to openly and
honestly. I bet you are quite eager to tell me what happened.”

5. Sympathetic Appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.

“Think of me as your friend. You can tell me anything.”

6. Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.

“You can trust me.”

7. Shifting the Blame


The interrogator makes clear his belief that the subject is obviously not the sort of person
who usually gets mixed up in a crime like this. The interrogator could tell from the start that
he was not dealing with a fellow who is a criminal by nature and choice.

“I know you are not like this. So, what really did happen to make you do it?”

8. Mutt and Jeff


Two (2) Agents are employed. Mutt is the relentless investigator, who is not going to waste
any time because he knows that the subject is guilty. Jeff, on the other hand, is obviously a
kind-hearted man.

9. Bluff on a Split Pair


This is applicable when there is more than one suspect. The suspects are separated and one
is informed that other has talked.

“He already confessed that you killed this guy.”

10. Pretense of Physical Evidence


The investigator may pretend that certain physical evidence has found by laboratory
experts against him.

11. Open Questions


Asking open-ended, case-related questions to generate information and inconsistencies
that can be used against this person being questioned.

“That’s not what you told me earlier.”

12. Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as
though he is beside himself with rage.

“Why did you kill him?!”

13. Accusation
The suspect will not have the chance to deny things. The interrogator will interrupt all of his
or her denials. Essentially, they will not allow these people to effectively verbalize any
coherent denials or defense.

“We know for a fact that you did it. I just want to understand why.”
CDI 4 - TRAFFIC
MANAGEMENT AND
ACCIDENT
INVESTIGATION WITH
DRIVING
CDI 4 TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRANSPORTATION
- is an act or process of conveying from one place to another
- from the Latin word “Terans” meaning across or and move and “Portare” means
to carry

VARIOUS ANCIENT MODES OF TRANSPORATATION


A. MANPOWER
B. ANIMAL POWER
C. WIND POWER

ROADS AND VEHICLES HISTORY

WHEEL
- was invented probably in Western Asia
- one of man’s great inventions

THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)

CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley

RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)

TRAFFIC
- it refers to the movement of persons, goods, or vehicles, either powered by
combustion system or animal drawn vehicle, from one place to another for the
purpose of safe travel
- originated from Greco-Roman word Trafico and Greek word Traffiga, origin of
which is not known

THE 5’Es OF TRAFFIC

1. ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and
providing warning to the erring driver for the purpose of deterring and discouraging and
or preventing such violation
2. EDUCATION
- the process of giving training and practice in the actual application of traffic safety
knowledge

3. ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the traffic
law and generation; the application of these knowledge to the professional practice of
planning, deciding, and operating traffic system to achieve safe and efficient
transportation of persons and goods

4. TRAFFIC ECOLOGY/ ENVIRONMENT


- the study of potentially disastrous population explosion, changes in urban environment
due to the scale and density of new urban concentration and new activities carried out,
air pollution, water pollution and crowding, transport congestion which result therein

5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy

MANAGEMENT
- it is an executive function such as planning, organizing, Directing and supervising,
coordinating operating recording and budgeting traffic affairs
AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC
Land Transportation Office
- tasked to enforce laws, rules and regulation governing the registration of motor vehicles,
operation of motor vehicle and traffic rules and regulation as provided by RA 4136 as
amended.
Land Transportation Franchising and Regulatory Board
- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
- promulgate rules
- impose and collect fees
- formulate and enforce rules and regulation for transport operation for promotion of safety
and convenience of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-A and
E.O. 202 dated June 19,1987

Department of Transportation and Communications


- in charge of planning programs coordinating implementing and perform administrative
function and promotion development and regulation of dependable and coordinated
network of transportation and communication in order to have fast, safe, efficient and
reliable postal transportation and communication services (EO No. 125.)

Metro Manila Development Authority (MMDA)


- created under RA. 7924 and sets policies concerning traffic in Metro Manila, coordinates
and regulates implementation of program related to traffic

Congress and Local Council


- the branch of government primarily tasked to create laws for the welfare of the public

Judiciary
- the branch of government that interprets the law through adjudication of cases

Traffic Management Group (TMG)


- the basis service of the PNP tasked to direct and control traffic, perform accident
investigation, enforce the laws and issue citations.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

Department of Public Works and Highways


- has responsibility of determining traffic flow planning approval of program and budget
finding of construction and maintenance of road and instrument

Local Public Works and Engineering Offices


- local government units and instrumentalities that have the same function as the DPWH
- perform such powers within their territorial boundary

AGENCIES INVOLVED IN TRAFFIC EDUCATION


Schools

Elementary
- tasked to educate children to obey traffic rules through their programmed curricula

Secondary
- tasked to educate students in obeying tha traffic rules by imposing school policies
intended for the welfare of the students

Higher Education
- they offer subjects on driving and traffic safety course or any allied subjects

TRAFFIC EDUCATION
- is priceless gem in the entire scale of social order of the road
- is the process of inculcating to an individual the knowledge, skill, responsibilities and values
to become a fully developed person
- the key to smooth traffic flow is discipline and to acquire discipline people must be educated
PURPOSE OF DRIVER EDUCATION
1) To Instill awareness of one's legal and moral responsibilities in traffic; and
2) To teach abilities required for one to be eligible for a driver’s license.

SAFETY CAMPAIGN
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as road propaganda

BIORHYTHM
- the theory asserting that man exhibit constant variation of energy and mood states

The Environmental Factors in Man’s Theorized Cycles and Interpretation of Biorhythm


1. The exchange of Light and darkness
2. The four seasons
3. Wet and dry seasons
4. The waxing and waning of the moon

The Biorhythm Cycle


1. 23 days of physical cycle
2. 28 days of emotional cycle
3. 33 days of intellectual cycle

The High State


Physically high
- people are energetic, strong and agile
Emotionally high
- people are creative, artistic and happy
Intellectually high
- people think quickly and logically

The Low State


Physically low
- people tend to be tired and succumb to sickness
Emotionally low
- people are moody, irritable and depressed
Intellectually low
- people find it difficult to think logically and lacks coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

LICENSING SYSTEM
- it is the system of issuing license to any person who is qualified to fulfill the
responsibilities required by the licens
- administered by the LTO

DRIVER’S LICENSE
- issued to the drivers as privilege granted by the government providing statutory
qualification

LICENSING PROCEDURE

REQUISITES FOR ISSUANCE OF LICENSE


- At least 16 years old for student’s permit
- 17 years old for sub-professional
- 18 years old for professional

KINDS OF DRIVER’S LICENSE


1. Student permit
2. Non-professional
3. Professional
4. Military
5. International

RESTRICTION CODE
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500 kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic
transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and weighing more
than 4500 kg

DRIVER
- Licensed operator of a vehicle

DUITES OF DRIVER IN CASE OF ACCIDENTS


1. Stop immediately.
2. Show the license to the victim and give the true name, address and contact number.
3. Driver is not allowed to leave the scene without aiding the victim.

EXCEPTIONS TO THE PRECEEDING TOPIC


1. If he is in imminent danger of being seriously harmed by reason of accident;
2. If he reports the accident to the nearest police station; and
3. If he has summoned the physician or nurse to aid the victim.

CONDUCTOR
- Licensed person allowing limited number of passengers, freight or cargo in public utility
truck or buses

TEN COMMANDEMENTS OF TRAFFIC


1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the fast
lane and the slow lane is the right.
2. OBSERVE ROAD COURTESY- yield to emergency vehicle, pedestrians, trains, vehicle
with right of way, vehicles ahead, large vehicles, uphill traffic, vehicles with momentum,
straight traffic, and traffic signs.

Emergency Vehicles:
1. Vehicle with physician
2. Ambulance on emergency call
3. Vehicle with wounded or sick person
4. AFP/ PNP vehicle on official call
5. Vehicle in pursuit of criminals
6. A police or fire on call

RIGHT OF WAY RULE


- the right to proceed ahead of another vehicle or pedestrian

1. Intersection- when two or more vehicle is entering an intersection the one on the left will
give way to the right vehicle.
2. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas
the movement of vehicles is regulated by a police officer.
3. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing
to an intersection. If there is no hazard the driver may slowdown to 5mph.
4. Police /emergency vehicle- all drivers should yield to emergency to emergency vehicle
except as directed by traffic enforcer. Fire trucks are accepted to speed limit but they are
prohibited to have unnecessary speed.
5. From private road to highway- vehicle from private road must yield to that on a highway.

3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection
2. Crosswalk/ pedestrian lane
3. Within 6 meters from drive way of any response installation, fire hydrant and private
roads
4. Double parking
5. Sidewalks, alleys, foot of the bridge
6. Places wherein official signs are posted
4. WHEN IN DOUBT, DO NOT OVERTAKE.
- overtaking lane is the lane to the left of overtaken vehicle going in the same direction,
overtaken vehicle is the privileged vehicle
CONSIDER THESE IF YOU OVERTAKE:
1. Signal the intention.
2. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient
distance to facilitate proper overtake.
3. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep
his lane, maintain speed and yield to overtaking vehicle.
4. He shall increase his speed until the overtaken vehicle has cleared the way
5. In a two lanes, on a divided roadway, they may use either of the lanes.
6. In an expressway with fast and slow lanes, on a divided roadway, they may use either
of the lanes.
7. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection
and between construction and caution.

5. THE BUS STOP RULE


1. The buses queue up in a single file in their order arrival.
2. Lead bus moving toward the center of column of busses lining on the bus stop zone, and
remain until zone is filled with busses, but longer than three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS


- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking. In a
construction, vehicles should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES


- Observe and obey traffic notices sign like notices and pavement markings.

8. THE PHILOSOPHY OF PINOY DRIVER


- Motorist should observe equity of the lead vehicle, doctrine of the last clear chance on
rotunda drive.

9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait embark and alight at bus
or jeepney stop.

10. REMEMBER THE INTERNATIONAL SAFETY REMINDER- “SAFETY FIRST”

TRAFFIC LAW ENFORCEMENT


- the action taken by the police to compel obedience to traffic laws and ordinance
regulating the use and movement of motor vehicle for the purpose of creating a deterrent
to unlawful behavior by all potential violators

TRAFFIC LAW ENFORCER


- a person duly deputized by an agency of government authorized by law to enforce traffic
laws, rules and regulations

POLICE TRAFFIC LAW ENFORCEMENT


- the part performed by the police and other agencies with police power including deterrent
to law violations created by the presence of uniformed police officer and their special
equipment, special assistance to court and prosecutor and incidental service to highway
users

COURT TRAFFIC LAW ENFORCEMENT


- the performed by the court through adjudication and penalization

POLICE COURT ENFORCEMENT PROCESS

FIVE ESSENTIAL STEPS


1. DETECTION - wholly police activities and entails looking for defects in the behavior
motorist, pedestrian, vehicle, equipment and roadway condition.
2. APPREHENSION - a police responsibility wherein the police are required action to
prevent continued and future violation.
3. PROSECUTION - it is a court function, the police also provides corresponding influence
through preparation and introduction of evidence or close contact with the prosecution
office.
4. ADJUDICATION - it is court function, the police provides influence on this step by as a
witness to the prosecution by supplying additional evidence. It determines the guilt or
innocence of the accused.
5. PENALIZATION - the imposition of penalty upon the accused. Penalty can be influenced
by previous records of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES


1. Increase safety level
2. Increase traffic efficiency
3. Ensure harmony and comfortable environment
4. Maximize safety

ACTIVITIES OF TRAFFIC LAW ENFORCEMENT


1. Preventive activities
2. Persuasive activities
3. Punitive activities

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM


1. Enforcement system
2. Road user system
3. Traffic system

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

CHARACTERISTIC OF TRAFFIC LAWS


1. Laws are developed from experiences of the public over the years.
2. Laws reflect beliefs, behavior and standards agreed upon by society.

VIOLATIONS
- those act and omissions against traffic laws

CLASSIFICATION OF VIOLATION
1. Hazardous traffic violations that cause danger to road users. Unsafe behavior and
unsafe conditions are the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of
roads.

REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS


1. Physical infirmities
2. Ignorance
3. Mental disorder
4. Lack of training
5. Wrong attitude
6. Habitual violators
7. PUV drivers are aiming for more compensation

POLICE TRAFFIC ENFORCEMENT ACTIONS


- these include arrest and citation of any person

PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation
3. Discourage future violation

KINDS OF ENFORCEMENT ACTIONS


1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a) the offense is serious;
b) detection is needed to avoid continued violation; and
c) there is reasonable doubt that violators may not appear in court.

2. Traffic citation - made to compel violators to appear in court in absence of arrest.


3. Traffic warning - an act reminding the driver of his violation in order for him to not do it
again. No arrest or citation is made.

TYPES OF WARNING
1. Visual warning - using gestures and signals.
2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of two preceding types with written note of citation.
TRAFFIC PATROL
- part of traffic supervision by patrolling to ensure public obedience

OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public

TYPES OF PATROL
1. Line patrol- it is assigned to a particular place
2. Area patrol- type of patrol assigned to an area of vicinity

TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place
2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. concealed traffic observation - observer is not visible to the public

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT


1. Decision - nature of violation
2. Pursuit technique
3. Safety driving technique

STOPPING AND APPROACHING TRAFFIC VIOLATORS


1. It must be done with consideration to safety of both parties engaging
2. Upon approaching officer must be from the left side from the rear, be alert

TRAFFIC ROAD CHECK


- It is done to inspect the following:
1. Faulty vehicle equipment
2. Registration and licensing procedure
3. Intoxication or cargo check

TYPES OF TRAFFIC CHECK


1. Faulty vehicle
2. Officer directing road check

CONSIDERATION IN ROAD CHECK


1. Minimum delay to motorist
2. Thorough checking procedure
3. Protection and safety of parties involved
4. Timing and location and frequency

OBJECTIVE IN DEALING WITH VIOLATORS


1. Immediate objective- to act against the person
2. Ultimate objective- to change the future of a person

POINTS TO REMEMBER
1. Violators are diversified
2. Conflicts arises in violators
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected

TRAFFIC SUPERVISION, DIRECTION AND CONTROL


- an act of overseeing the traffic to keep order on street and highways within existing laws

POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:


1. Accident scene
2. Emergencies
3. Planned and special events
4. Regular points and integration control
5. Directing pedestrian movement

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING PLACES:


1. Not signalized intersection
2. Signalized intersection
3. Between intersection

SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable degree

POLICE TRAFFIC DIRECTION


- It involves telling the public how and when they should not stand and move

POINT/ AREA CONTROL


- It is the part of the traffic direction concerning the control of vehicular/ pedestrian
movement

POLICE TRAFFIC ESCORT


- It involves mobile supervision of traffic movement, directing orally and visually are done
to allow free and safe movement of escorted vehicles.

TRAFFIC DIRECTION AND CONTROL


- It is the control direction of traffic units according to proportionate time to prevent traffic
accident to maintain smooth flow of traffic.

MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures

HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

WHISTLE SIGNAL
1. One long blast for STOP
2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture

B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased

C. GESTURE TO START TRAFFIC


- Stand sideways
- point your index finger toward the vehicle to start, hold it till he verified, swing your hand
up to your chin
- drop and repeat the process at the opposite side
- Use it when they are slow or hesitant to move

D. RIGHT TURN GESTURES


- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign

E. LEFT TURN GESTURES


- Vehicles turn left from right, stop vehicle from right and direct vehicle to the left
- Left turn vehicle from your right, turn around and repeat the procedure above
- Street with one lane only
a. allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. semaphore signals may be used

F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL


1. Keep intersection open
2. Don’t allow motorist to cross without exit
3. Stop motorist at their lane
4. Prefer to stop the last moving vehicle

TRAFFIC JAM
- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic
enforcer and road construction.
PROCEDURES IN TRAFFIC JAM
1. Determine the cause
2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam

RESPONSIBILITIES OF TRAFFIC ENFORCER


1. Enforce the law without fear or favor and assist public when needed
2. In an intersection, remember the following:
a. personal safety of enforcer
b. policeman’s visibility
c. visibility of officers to traffic
d. non obstruction to traffic
e. ability to effect necessary control
3. Officer shall not leave his post during tour of duty without permission from higher authority.
In case personal necessity he should notify the station.
4. Respond immediately to emergency calls and notify the station
5. Be calm and control the temper even under provoking situation
6. He should be in proper uniform
7. In apprehending issue citation, and do it in one minute

PEDESTRIAN CONTROL

PROGRAM OF PEDESTRIAN ENFORCEMENT BASICALLY DEPENDS ON THE


FOLLOWING:
1. Campaign
2. Guiding on the post
3. Warning ticket

DRUNKEN DRIVERS
- it is a driver who drives under the influence of alcohol with 10% of intoxicating level

FIELD SOBRIETY TEST


1. Walk on straight line
2. One foot balance
3. Reading
4. Spelling
5. Counting from 1 to 10
6. Video tape the movement
7. Photograph the unguarded movement

CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test

EVIDENCE AGAINST DRUNKEN DRIVERS


1. Drivers admission
2. Co-occupants testimony
3. Material witnesses testimony
4. Photograph of drunken driver
5. Video/ voice tape of driver
6. Officers testimony

LEGAL ACTION AGAINST DRIVER


1. Submit him to the nearest laboratory for testing
2. Impound the vehicle
3. Confiscate the license
4. Recommend the suspension of privilege
5. Sue him for violation
6. If acquitted recommend suspension of license

TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic
demands.

FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective

APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING


1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN


- composition of traffic stream
- traffic volume and capacity
- origin and destination

II. FACTORS INFLUENCING DESIGN


- traffic composition
- traffic volume
- vehicle speed
- movement of traffic
- performance value
III. REGULATION AND CONTROL
a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- lateral placement
- pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- one way regulation
- speed control
- curb parking control
- turning regulation
- stop rule

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES
- Compel attention
- convey simple meaning at a glance
- allowing time for response
- command respect

2. FUNDAMENTAL TRAITS
- design and outward aspect
- position and placement
- maintenance and condition, appearance and visibility

3. TYPES OF TRAFFIC CONTROL DEVICE


- traffic or road sign
- pavement markings
- traffic light
- traffic island

FUNCTIONAL CLASSIFICATION OF TRAFFIC CONTROL DEVICES


1. Regulatory devices
2. Warning devices
3. Guiding devices

AIMS OF SIGNAL CONTROL


1. Reduce traffic conflict and delay
2. Reduce accident
3. Economize police time

ADVANTAGES OF SIGNAL INSTALLATION


1. Made for well ordered movement
2. Reduce accident frequency
3. Provide means of interpreting heavy traffic
4. Economical over manual control at intersection
5. Coordinating in providing continuous flow of traffic
6. Increase traffic capacity

CLASSES OF TRAFFIC SIGNS

a. DANGER WARNING SIGNS


b. REGULATING SIGNS
- priority signs
- prohibitory signs
- mandatory signs
c. INFORMATIVE SIGNS
- advance sign
- place identification sign
- confirmatory sign
PRINCIPLES OF SIGNS
1. Red triangle connotes hazard
2. Red ring with diagonal line connotes prohibition
3. Blue/ green provides information
4. Signs on blue disc give positive instruction

INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign
3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching danger zone

TRAFFIC LIGHTS
1. Red- stop
2. Amber- slowdown
3. Green- go

PAVEMENT MARKINGS
1. Arrows point to direction
2. Straight lines means no overtaking
3. Broken lines means overtaking is allowed

ROAD CLASSIFICATION

ACCORDING TO POLITICAL SUBDIVISION


1. National road- right of way 20 to 120 meters
2. Provincial road- link between to municipalities, 15 to 60 meters
3. City road- interlink in the city, 15 meters
4. Municipal road- within town proper 10 meters
5. Barangay road- from market to town 2 meters

ACCORDING TO TOPOGRAPHICAL TERRAIN


1. Flat road
2. Zigzag
3. Steep hill
4. Down hill
5. Winding road
6. Mountainous road
7. Roller coaster road

FUNCTIONAL CLASSIFICATION OF ROADWAY


1. VEHICLES PASSES SAFELY ON
- climb lane
- overtaking lane
- acceleration lane
- turning lane
2. PART OF THE ROAD USED FOR:
a. standing lane
b. stopping lane
c. Bus stop

SIDEWALK
- it is the portion of the road that answers the safety of pedestrians

ACCIDENT
- that occurrence in a sequence of events which usually produces unintended injury, death
or property damage

TRAFFIC ACCIDENT
- an accident involving travel transportation on a traffic way

MOTOR VEHICLE ACCIDENT


- event resulting in unintended injury or property damage attributable directly or indirectly
to the action of a motor vehicle or its load
KINDS OF TRAFFIC ACCIDENTS
In the investigation of traffic accidents, it is imperative for the traffic investigator to know
the kinds of accidents occurred in order to map out the necessary activities to be done when
responding and investigating.

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT


- refers to any accident occurring on a traffic way involving persons using the traffic way
or travel or transportation, but not involving a motor vehicle in motion (ex. Pedestrian and
a cyclist in a traffic way)
2. MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- any motor vehicle accident which occurs entirely in any place other than a traffic way
(ex. Accident on a private driveway)

3. MOTOR VEHICLE TRAFFIC ACCIDENT


- any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles
on a highway)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT


1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the
usual or unexpected movement or condition that could be taken as a sign of an accident
about to happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to escape from
a collision course or otherwise avoid a hazard
3. INITIAL CONTACT – the first accidental touching of an object collision course or
otherwise avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision; the force
between the traffic unit and the object collided with are greatest at maximum
engagement
5. DISENGAGEMENT – it is the separation of a traffic unit in motion from an object with
which it has collided; the force between the object ceases at this time
6. STOPPING – this is when the traffic units involved come to rest; it usually stabilizes the
accident situation
7. INJURY – it is receiving bodily harm; this event does not necessarily occur after the
accident but within any of the chain of events; it may also happen right after the evasive
action taken by the drivers involved or during the initial contact

STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION

STEP 1. UPON LEARNING THE INCIDENT CHECK THE FOLLOWING


1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened

STEP 2. WHEN EMERGENCY UNDER CONTROL


1. Preliminary question to driver
- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
- lights
- gear position
- mark the position of vehicle
- look for the unusual things inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed
STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE
1. Make a test skid
2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- vehicle damages
- view obstruction
- present condition
- control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio

STEP 4. AFTER LEAVING THE SCENE


1. Get the medical report
2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators’ report
7. Reconstruct the accident
8. Complete the investigation and file it

STEP 5. IF THE CASE GOES TO COURT


1. Seek the desire of the prosecutor to strengthen the case.
2. Return to the scene of the incident to gather additional data
3. Make a pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

IN CASE OF INJURIES:
1. Stop arterial bleeding
2. Ask for help
3. Protect the wound for exposure
4. Cordon the place

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY


1. Fatal
2. non fatal
3. Property damage

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT


1. Running off road
2. Non-collision on road
- overturning
3. Collision on road of vehicles with the ff:
- pedestrian
- moving vehicle
- parked vehicle
- bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT


A. SIMULTANEOUS FACTORS
- Road condition
- Driver’s attitude
- Weather condition
B. SEQUENTIAL FACTORS
- Unsafe greater speed
- Defective vehicle
C. OPERATIONAL FACTOR
- Road hazard
- driver’s non compliance
D. PERCEPTION FACTOR
- driver’s inability to react
- driver’s faulty action to escape

HIT AND RUN INVESTIGATION


- This applies to drivers who failed to stop at a road accident

LEGAL CASES TO BE FILED:


1. Abandonment of one’s victim
2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of section 55 of RA 4136
7. Civil liability

COMMON NATURE OF HIT-AND-RUN


1. Ran over pedestrian
2. Sideswiped pedestrian
3. Collided with moving vehicle while overtaking
4. Collided with moving vehicle while overtaking on opposite direction
5. Damaged parked vehicle
6. Crushed police road block
7. Bumped by stray animal

INVESTIGATING FOR UNKNOWN FACTS


1. Victims identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION


1. Send the corpse to laboratory after investigating
2. Obtain fingerprint and other specimen and send it to laboratory
3. Splintered glass can be a lead
4. Broken headlamp manifest a run over
5. Paints might stick at victim belonging
6. Don’t forget to bring paper and pencil for initial note taking

EXAMINATION OF RECOVERED VEHICLE


1. Recover physical evidence immediately
2. Measure the vehicle
3. Photograph the vehicle, debris and chipped off part
4. Check the interior of the car for driver’s identity

INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION


1. Motor vehicle certified registration
2. Repair shop
3. Department records

DOCUMENTS TO BE FILED IN CASE OF DEATH


1. Referral slip
2. Arrest report
3. Traffic accident report (TAIC)
4. Affidavit of parties involved
5. Witness’ statement
6. Photograph

DOCUMENTS TO BE FILED IN CASE OF INJURY


1. Memorandum of preliminary investigation
2. TAIC
3. Estimated amount of damage, it is made by authorized repair shop
4. Affidavit of parties involve
5. Witness statement
6. photograph
COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT INVESTIGATION
1. MOTOR VEHICLE – any device which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not operated upon
rails
2. KEY EVENT – an event on the road which characterizes the manner of occurrence of a
motor vehicle traffic accident
3. DEBRIS – the scattered broken parts of vehicles, rubbish, dust and other materials left
at the scene of the accident caused by a collision
4. SKID MARKS – these are marks left on the roadway by tires which are not free to rotate,
usually because brakes are applied strongly and the wheels locked
5. TRAFFIC UNIT – any person using a traffic way for travel, parking or other purposes as
a pedestrian or driver, including any vehicle, or animal.
6. HAZARD - a hazard is generated when a critical space-motion relationships between a
traffic unit and another object develops due to the movement of either or both (ex. A
curve in the path is a hazard; another traffic unit in the path is a hazard.)
7. SAFE SPEED – the speed adjusted to the potential or possible hazards or the road and
traffic situation ahead; safe speed on the road is determined by the road rather than the
particular driver of a vehicle (ex. A curve ahead is a hazard and a safe speed for it is a
speed at which it can be taken comfortably
8. STRATEGY – the adjusting of speed, position on the road, and direction of motion, giving
signals of intent to turn or slow down, or any other action in situations involving potential
hazards
9. TACTIC – any action taken by the traffic unit to avoid hazardous situations like steering,
braking or accelerating to avoid collision or other accident.
10. IMPACT – the striking of one body against another or a collision of a motor vehicle with
another motor vehicle.
11. CONTACT DAMAGE – damage to a vehicle resulting from direct pressure of some
foreign object in a collision or roll over; it is usually indicated by striations, rub-off of
material or puncture.
12. FACTOR – any circumstance contributing to a result without which the result could not
have occurred or it is an element necessary to produce the result, but not by itself
sufficient.
13. PRIMARY CAUSE – a misnomer loosely applied to the most obvious or easily explained
factor in the cause of an accident or the most easily modified condition factor.
14. CAUSE – the combination of simultaneous and sequential factors without any one of
which result could not have occurred.
15. ATTRIBUTE – any inherent characteristics of a road, a vehicle, or a person that affects
the probability of a traffic accident.
16. MODIFIER – a circumstance that alters an attribute permanently or temporarily.
CDI 5 - TECHNICAL
ENGLISH 1 (TECHNICAL
REPORT WRITING AND
PRESENTATION)
CDI 5 Technical English I (Technical Report Writing and Presentation)
Prelim Notes

In this rapidly changing world, the delivery of timely information through various
means of communication is undoubtedly important. The ability to communicate effectively
is advantageous in almost any field of police activity and it is an essential element in any
successful organization. While we had the spoken and the printed words as the two of our
basic tools in communication, police report writers nevertheless find difficulty in expressing
clear and concise thoughts.

INTRODUCTION TO TECHNICAL WRITING


Technical Report Writing aims to gear towards enhancing the learner’s skills in
studying and distinguishing the types and purposes of technical reports in criminology, and
the use of appropriate terms and phraseologies to meet the needs of the learners. The
application of principles of appropriate writing as brevity, clarity, completeness, accuracy of
facts, and its presentation according to the prescribed format and style are taken. The
learners are not going to develop their language competencies, but also to expose them to
real life situations requiring application of their skills in inquiry, analysis and investigation,
specifically in the field of Criminology and Criminal Justice Education.

THE SIGNIFICANCE OF TECHNICAL WRITING


Technical writing is a skill that must be acquired not only by every criminology
student, but also by those who are already practicing their profession in the criminal justice
system. Every practitioner, either in different law enforcement agencies, or learners in the
academe are confronted with variety of writing activities. Specifically, law enforcers are
required to write beat patrol reports, fill up routing slips, and write traffic accident reports,
compose blotter entries, and submit various kinds of police reports. In the academe are
expected to hand in researches, proposals, feasibility studies, technical reports, and many
other written outputs. These writing demands, the need of developing technical writing skill
is highly expected. The more that a person is inclined to learn and develop his writing skill,
the higher is the positive result of a good technical output.

THE SIGNIFICANCE OF TECHNICAL WRITING


Technical writing is a skill that must be acquired not only by every criminology
student, but also by those who are already practicing their profession in the criminal justice
system. Every practitioner, either in different law enforcement agencies, or learners in the
academe are confronted with variety of writing activities. Specifically, law enforcers are
required to write beat patrol reports, fill up routing slips, write traffic accident reports,
compose blotter entries, and submit various kinds of police reports. In the academe are
expected to hand in researches, proposals, feasibility studies, technical reports, and many
other written outputs. These writing demands, the need of developing technical writing skill
is highly expected. The more that a person is inclined to learn and develop his writing skill,
the higher is the positive result of a good technical output.

DEFINITION OF TECHNICAL WRITING


- The word “Technical” comes from the Greek word “teache” means “skill”.
- Technical writing is a form of technical skills and used in fields like the military, police,
computer industry, robotics, finance, consumer electronics, biotechnology, and many other
fields.
- Technical writing according to Vicente, et,al (1997) is also termed as report writing, which is
the giving of an account or description of an aspect of a particular art, science, trade, or
profession learned by experience, study, observation, or investigation.
- Technical writing could also be specifically related in the field of criminology as the said field
involves writing of police reports and other technical output, which are results of careful
investigation.
- Technical writing is a process that involves three elements, namely: the subject matter, the
study or the investigation, and the organization and presentation of the information
gathered. These three elements could be the best exemplified when an investigator writes
an investigation report, and makes a careful investigation, and studies through observation,
analysis, experimentation, and instrumentation. These are done in order to support and
present factual information regarding assigned cases. The investigator moves into
organizing and presenting all gathered facts in adherence to the standards required in the
uniform reporting of the police system.
- Alcantara and Espina (2003) defined technical writing as a communication in any field
where the primary aim of which is to convey a particular piece of information, for a particular
purpose, to a particular group of readers. The technical writer is expected to be objective,
clear and accurate, concise and unemotional in the representation of facts.
REPORT
It is chronological, step by step account, entirely or almost entirely a factual account, of the
incidents that took place in a given event. It is the story of actions that were actually
performed by flesh and blood of human beings. A report is a story of actions performed by
men.

Values of Report
1. Reports are filed because they are needed for the efficient operation of law
enforcement activities.
2. Reports are permanent records of all important facts of case. They are stockpile of
information to be drawn upon by all individuals on a law enforcement team. The efficiency of
the police department is directly related to the quality of reports and its reporting
procedures.
3. Reports are written and serve as raw material from which records systems are
made.
4. Reports are written to reveal as part of the component of the record system, the
direct relationship between the sufficiency of the department and the quality of its reports
and reporting procedure.
5. Reports are written to guide administrators for policy formulation and decision
making.
6. Reports are written to serve as gauge or yardstick for efficiency evaluation of
police officers.
7. Reports are written to guide prosecutors and courts in the trial of criminal cases
investigated by the police.

Mechanics of Good Report:


1. Report shall be written to present a chronological record of events.
2. If possible, it shall be typed, if not ink shall be used but not pencil.
3. Report shall provide a complete fact that is - name of victims/witnesses/suspects,
age, aliases, brief bio-data and other personal circumstances.
4. Abbreviation shall be avoided, except those that are commonly known.
5. It shall not be brief as to sacrifice clarity nor should it contain excess materials that
would tent to confuse.
6. Every incident shall be written in separate report.
7. It shall answer the questions, WHAT, WHO, WHERE, WHEN, WHY and HOW.

Purposes of Report Writing


In general, the police organization develops its reporting system to serve the following
purpose.
1. To account upward and outward for its activities and for justification of its
program.
2. To report upward and outward information concerning progress, future needs
and plans, and decisions being made, or which may be made. 3. To report upward for
purposes of administrative control.
4. To inform downward in the organization concerning policies, program,
organization’s resources, procedures, and all other matters concerning work in the police
organization.

Important Uses of Report Writing


1. They serve as records for police administrators in planning, directing, and
organizing the unit’s duties.
2. Reports can be as legal documents in the prosecution of criminals.
3. Reports can be use by related agencies in the police service.
4. Reports can be useful to local media which usually have access on public
documents having accurate statistics.
5. The author of a report should also consider that his written work is reflective of his
personality.
6. Reports can be a basis for research among student in Criminology, Law
Enforcement, Police Administration, and other related areas.

Effective Report Writing


Effective report writing is more than correct writing. You may use correct spelling,
punctuation, and grammar, and still produce unsatisfactory piece of police report. To be
effective, police report writing must be interesting. How to write effectively deals with the
creative aspect of writing. It provides information on how to use words and organize your
ideas and thoughts so that you can capture and hold the attention of the reader.

Principles of Good Report Writing


I. It must be clear.
The writer must always work for clarity in police report writing. It is a duty-bound to
service his readers by letting them understand easily what he is trying to get tell. Remember
that readers have no time looking in to the meaning of difficult words used. It is true that
dictionary is a help in case of difficult words used, but it is just a waste of time and effort in
the part of the readers.
Be simple and direct as possible. Remember that common words are more
powerful than uncommon ones for the simple reason that they can be understood by a
number of people.

Ways or Rules on how to achieve Clarity or Clearness


1. Avoid impressive impressions or “big words”.
2. Avoid an unwitting language transfer. Clearness is knowing what to say and saying it as
simple as possible. Avoid illiteracy in using words. This refers to the misuse of words.

Below are expressions which are interchangeably used with one another.
1. Adapt (to make, to correspond, to adjust)
Ex. You have to adapt yourself to the climate.
- Adopt (to choose or take one’s self, as a child, as an opinion, or a course of action)
Ex. We must adopt your suggestions.
2. Advice (a noun meaning counsel or suggestion of information)
Ex. Our company welcomes your advice.
- Advise (a verb meaning to counsel)
Ex. He advises me one personal management.

3. Affect (a verb meaning to modify or influence)


Ex. Your wife’s behavior affects your career.
- Effect (as a noun it means outcome or result; as a verb it means to accomplish or
bring about)
Ex. The effect of radiation is damaging (noun)
I want to effect changes in the community (verb)

4. Eminent (distinguished)
Ex. He is an eminent statistician
- Imminent (impending; about to happen)
Ex. It would have been an imminent danger had the soldiers not taken the rescue.

5. Price (the amount of money given or asked for something, costs, value,
worth)
Ex. The price of this percolator is commensurate to its durability.
- Prize (award, reward or honor given)
Ex. Prize will be given to the buyer of this percolator.

II. It must be accurate.


Accuracy is one of the essential qualities of a good report. Literally,
accuracy means not only exactness but also non-commission of errors. Words
presented must be precise.
An investigator is a fact finder. Therefore, all the contents of his report
must be based on facts – facts which are known through the use of any or all
of his five senses.
When an investigator states in his report that the victim has a wound on
her left chest, that is a fact, He has seen the wound personally.
Never confuse one word for the other.

III. It must be brief.


Brevity means briefness. It is an essential characteristic of a well-written
report.
Brevity or conciseness also means saying much in fewer words. Hence, if a writer
can write a word instead of a phrase, he must write that word; if he can write a phrase instead
of a kilometer of sentence he must write that phrase; if he can write a sentence instead of a
very wordy paragraph, then he must write that sentence.
You write a report to communicate effectively. This is the aim or purpose
in writing a report. Therefore, one should avoid redundant ideas. This will only
defeat the purpose of the write. The reader also gets tired of seeing the same
words, or word groups, carelessly distributed in a sentence or in a paragraph.
Repetition and wordiness should not be encouraged if they are not important
in the report.
IV. It must be specific.

The report must be particular, definite, detailed. Use specific words that help you in
conveying your ideas most clearly to the reader. You must make a direct mental connection
with him. The reader should be able to picture in his mind what is in your mind.
Concretize abstract words. Instead of saying “weapon”, specify what kind of weapon
was used. Avoid using poor phrases in police report writing.

Expressions like “it was determined” or “it was learned” should be avoided. Take note
of the following paragraph:

“On June 30, 1990, Primo Dimapuno was arrested and held for investigation of robbery. It was
determined that he was around the vicinity when the complainant found out that his safe
containing jewelry was no longer on his bedside table.”

The question is “Who determined?”

The following expressions are not specific: therefore, they should be substituted with better
ones, more concrete and treatment.

1. At an early date, in the near future, the earliest possible time you will notified at an early
date. Mention the particular date, this month? This year?
2. Compromise
I have a compromise to attend to.
Name the particular engagement.
3. Party (when referred to somebody as in the legal parlance)
The said party is guilty of murder.
Name the particular person or party.

4. Same
Your delivery man handed me the invoiced and I thanked him for some matter. Use the
pronoun “it”, “they”, or “them” depending on the antecedent.

V. It must be factual
Everything an investigator writes in his report must be based on facts; facts discover
during the course of his investigation. The best words, constructed short declarative sentence
– styling third persons is all that is needed.

The police officer, as we all know is a fact finder. Hence, all the contents of his report
must be factual. There should be no subtraction and addition of data gathered during the
conduct of investigation. If the investigators state in his report that the victim has wound in
her left breast that is a fact because it is based on sight. It is a statement based on facts – it
can be proven.

VI. It must be complete


Completeness in report writing means that the facts discovered during the conduct
of investigation must be reported. Do not omit some facts just to attain brevity. This will
mislead the reader particularly if elusion-making is involved. Partially stated facts are
misleading as falsehood.

Any relevant and pertinent information must also be reflected in the report.

VII. It must be relevant


The report should be related exclusively to the stated objective, of function or
subject with which it is concerned.

However, is another suspect is to introduced in the same report, as a result of the


follow-up investigation of the original case the presentation of inclusion of the newly
discovered facts should be loosely related and the relationship should be made clear.

VIII. It must be up to date


The report must be current. Investigative report must be submitted on time. If the
report is submitted even a few hours late or is delayed it is already useless. It is no longer a
report but rather a news story. Every investigative report, either initial, progress or final report
must be submitted as soon as possible.

An investigative report submitted on time is a measure of the efficiency


of the police investigators. It shows how dedicated and efficient the police
investigator is.
IX. It must be written in proper form
Form refers to the arrangement of the materials presented; it is the mechanical set-
up of the material. It refers to anything that will make your report easily read and useful as a
reference.

Form includes proper paragraphing, indention, punctuation, capitalization,


syllabication, numbers, spelling and abbreviation. These are the mechanics in police report
writing.
It is generally termed as an authoritative source of written
communications sent from a higher echelon to subordinates.

Administratively, issuances can be categorized as orders, instructions or directives


which set forth objectives, programs and policies. In the PNP, these issuances prescribe the
procedures, methods and system affecting the organization. Sometimes, however, the
issuance is merely informational, relevant to routinary programs and operations.

Definition of Police Report


It is a chronological or step-by-step account of an incident that transpired in a given
time, at a given place. It is also defines as an account of some subjects specifically
investigated, or an official statement of facts. Police report result from the fact that someone
has asked from them and needs them for immediate or future use. In any event, police
reporting has become one of the most significant processes in modern police operations.

It is any written matter prepared by the police involving their interaction with the
community. It is also an exact narration of facts discovered during the course of crime
investigation which serves as a permanent written record for future reference. Finally, it can
be defined as a permanent record of police activities classified as informal and formal which
communicates important facts concerning people involved in criminal activities.

It provides record of incidents requiring police response. This includes criminal


offenses, arrests, lost and found properties and general information.

A police report is an exact narration of facts discovered in the course of an


investigation which serves as a permanent written record for present and future use.
It is a written record of an officer’s statement concerning his theory and opinion about the
case investigated.

Purpose of Police Reports


1. It serves as the raw materials from which records system are made.
2. Written report reveals as part of the component of the record system, direct relationship
between the efficiency of the department and the quality of its reports and reporting
procedures.
3. Written report guides police administrators for policy-formulation and decision making
4. Written report serves as a gauge/yardstick for efficiency evaluation of police officers
5. Written report guide prosecutors and courts in the trial of criminal cases investigated by
the police.

MECHANICS IN POLICE REPORT WRITING

A. SELECTION AND USE OF WORDS:


1. VOCABULARY – the word of language of the supply of words which we know and which
we use, whether speaking or writing.
2. DICTION – the correct choice of words, selecting the exact, precise, objective words to
convey a meaning.
3. WORDS – are the only tools of communication and the first integral part which make up
the whole narration of facts.
4. ANTONYMS – are words with opposite meanings.
5. HOMONYMS – are words with similar sounds but with different in meaning and spelling
6. SYNONYMS – are words with similar meaning but different sounds and spelling.

B. SENTENCE CONSTRUCTION
Sentences should be short, simple and direct because the longer the sentence is,
the more difficult is for the reader to follow it, and that lends confusion to your report ,
whereas, short sentences lend emphasis, clarity and communication, which is what any good
report writer strives for, which is what this text is all about, and as example, this entire
paragraph is one sentence with no periods, and at this point, you should feel as though you
are smothering in words and wish there would be a period so you could take a breath.
On the other hand, short sentences are easy to read. They allow for much needed
breathing spaces. Short sentences also provide a refreshing directness seldom found in
longer sentences.

SENTENCE – is a word or group of words having a subject and predicate expressing a


complete thought.

The fluffy, brown dog.

RULE:
1. Correctness in a sentence Crimes are investigated after it is committed, and reports should
be written after the investigation, therefore, a report should be written in the PAST TENSE.
2. Three Essential Elements of a Narrative:
A. Setting – When? Where?
B. Characters – Who? – Victims, Suspects, Witnesses
C. Action – What? Why? How?

Basic Steps in Report Writing:


G – Gather the facts – conduct a thorough investigation, interview witnesses and interrogate
suspects.
R - Record the facts - immediately and accurately in a notebook/record book, not in one’s
memory.
O – Organize the facts – arrange the sequence of events in chronological order.
W – Write the facts - by using simple and concise word. Construct short sentences.
E – Evaluate the report – by proofreading and editing.

Evaluation of Report:
Evaluation of report is done by:
Editing (Edit) – is to check on the contents of the report, the facts presented and
other data included in report.
Proofreading (Proofread) – is scrutinizing the form of the report with respect to its
mechanics – the paragraph, spelling, capitalization and use of punctuations.

Two General Types of Police Reports


1. Basic or Informal report
This report deals with ordinary, miscellaneous, usual, day to day memorandum, letter or form
accomplished by any member of a unit, section, precinct, bureau or division within a
department in accordance with prescribed regulation. Usually, this report contains the
following items:
a. The heading or the letterhead of the organization, office or section where the
writer is assigned.
b. The date of preparation or submission
c. The person or office to whom it is addressed or submitted
d. The text proper
e. The name of the writer or source of the report
Basic or informal reports are generally informal in nature. It seldom goes out of the police
department.

2. Investigative or Formal report


This report covers a full dress treatment in the presentation of the case. It is an exact
and exhaustive narration of facts, without an addition or subtraction, which were discovered
during the course of investigation

2. Progress or Follow-up Report


It is the result of the follow-up investigations of the fresh or new case. It is written
and submitted every time or whenever any development or progress is accomplished in the
follow-up investigation.

3. Final or Closing Report


It is a complete written narration of facts based on exhaustive investigation of the
case by the detective who initially started the investigation of the case. It is the result of
evaluation, summation, analysis of all the facts and circumstances surrounding the case;
typing with loose ends pertinent thereto as to form a clear and composite picture of the
crime committed in the mind of the readers for prosecutorial and judicial actions.
This final or closing report is written and submitted whenever the case is solved and
classified as CLOSED. It is categorized as solved and closed when the offender is finally
arrested, the evidence against him was completely gathered to warrant prosecution, and
witnesses located to notify for trial.
CDI 6 - FIRE
PROTECTION AND
ARSON INVESTIGATION
CDI 6 FIRE TECHNOLOGY AND ARSON INVESTIGATION

WHAT IS FIRE?

Fire is the manifestation of rapid chemical reaction occurring between fuel and an
oxidizer- typically the oxygen in the air. Such rapid chemical reaction releases energy in the
form of heat and light.

Fire is heat and light resulting from the rapid combination of oxygen, or in some cases
gaseous chlorine, with other materials. The light is in the form of a flame, which is composed
of glowing particles of the burning material and certain gaseous products that are luminous
at the temperature of the burning material.

THE START OF FIRE

All matters exist of one of the three states – solid, liquid and gas (vapor). The atoms
or molecules of a solid are packed closely together, and that of a liquid is packed loosely, the
molecules of a vapor are not packed together at all, they are free to move about. In order for
a substance to oxidize, its molecules must be pretty well surrounded by oxygen molecules.
The molecules of solids or liquids are too tightly packed to be surrounded. Thus, only vapors
can burn.

However, when a solid or a liquid is heated, its molecules move about rapidly. If
enough heat is applied, some molecules break away from the surface to form a vapor just
above the substance. This vapor can now mixed with oxygen. If there is enough heat to raise
the vapor to its ignition temperature (temperature needed to burn), and if there is enough
oxygen present, the vapor will oxidize rapidly – it will start to burn.

The start of burning is the start of a Chain Reaction (the burning process). Vapor
from heated fuel rises, mixes with air and burns. It produces enough heat to release more
vapor and to draw in air to burn that vapor. As more vapor burns, flame production increases.
More heat is produced, more vapor released, more air drawn into the flames and more vapor
burns, the chain reaction keeps increasing – the size of the fire increases until fuel is
consumed.

CHEMISTRY OF FIRE

Obviously, three things are required for combustion or fire: FUEL (Combustible
materials to vaporize and burn), OXYGEN (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

Oxygen Heat

Fuel

Figure 1

Figure 1 will show that if any side of the fire triangle is missing, a fire can not start or if any
side of the fire triangle is removed, the fire will go off.

With the presence of the elements of fire, combustion may take place. Before a fuel will burn,
it must be changed to its vapor state. In a fire situation, this change usually results from the
initial application of heat. The process is known as PYROLYSIS. Pyrolysis (also known as
thermal decomposition) is defined as the “chemical decomposition of matter through the
action of heat”. In this case, the decomposition causes a change from a solid state to vapor
state. If the vapor mixes sufficiently with air and heated to high temperature, combustion
results.
The combustion process is better represented by the fire tetrahedron.

The Fire Tetrahedron

Oxygen Heat

Fuel Chain Reaction

Figure 2

The fire tetrahedron is useful in illustrating and remembering the combustion process
because it has room for the chain reaction and because each face touches the other three
faces.

The basic difference between the fire triangle and the fire tetrahedron is that: The
tetrahedron illustrates how flaming combustion is supported and sustained through the
chain reaction. In this sense, the chain reaction face keeps the other three faces from falling
apart.

The fire tetrahedron also explains the flaming mode of combustion. The modes of
combustion are either Flaming mode or Surface mode (Glowing– represented by the fire
triangle).

A condensed phased combustion is called glowing combustion


A gas-phased combustion is known as flame
If the process is confined with pressure it is called explosion
If combustion propagates at supersonic speed, it produced a detonation

PROPERTIES OF FIRE
A. The Physical properties
1. Specific Gravity – the ratio of the weight of a solid or liquid substance to the
weight of an equal volume of water.
2. Vapor density – the weight of a volume of pure gas composed to the volume
of dry air at the same temperature and pressure.
3. Vapor Pressure – the force exerted by the molecules on the surface of a liquid.
4. Temperature – the measure of the degree of thermal agitation of molecules.
5. Boiling Point – the constant temperature at which the vapor pressure of the
liquid is equal to the atmospheric pressure.
6. Ignition/Kindling temperature – the minimum temperature at which the
substance must be heated in order to initiate combustion.
7. Fire point – the lowest temperature of a liquid in an open container at which
vapors are evolved fast enough to support combustion.
8. Flash point – the temperature at which a flammable liquid forms a vapor-air
mixture that ignites (mixture with in the explosive range).
To burn a fuel (combustible material), its temperature must be raised until ignition point is
reached. Thus, before a fuel start to burn or before it can be ignited, it has to be exposed to a
certain degree of temperature. When the temperature of a certain substance is very high, it
releases highly combustible vapors known as FREE RADICALS (combustible vapors such as
hydrogen gas, carbon monoxide, carbon dioxide, and nitrogen).
During the process of pyrolysis, the following are involved:
• the fuel is heated until its temperature reaches its fire point,
• decomposition takes place – moisture in the fuel is converted to vapor,
• decomposition produces combustible vapors that rise to the surface of the fuel (free
radicals)
free radicals undergo combustion.
B. The Chemical Properties
1. Endothermic Reactions – changes whereby energy (heat) is absorbed or is
added before the reaction takes place.
2. Exothermic Reactions – those that release or give off energy (heat) thus they
produce substances with less energy than the reactants.
3. Oxidation – a chemical change that is exothermic, a change in which
combustible material (fuel) and an oxidizing agent (air), react. Example of
oxidation is combustion which is the same as actual burning (rapid oxidation)
4. Flames – flames are incandescent (very bright/glowing with intense heat)
gases. It is a combustion product and a manifestation of fire when it is in its
gas-phased combustion.
Types of Flames
a. Based on Color and Completeness of Combustibility of Fuel
1. Luminous Flame – is orange-red, deposit soot at the bottom of a vessel
being heated due to incomplete combustion and has a low
temperature.
2. Non-Luminous Flame – is blue, there is complete combustion of fuel
and has relatively high temperature.
b. Based on Fuel and Air Mixture
1. Premixed Flame – is exemplified by a Bunsen-type laboratory burner
where hydrocarbon (any substance containing primarily carbon and
hydrogen) is thoroughly mixed with air before reaching the flame zone.
2. Diffusion Flame – is observed when gas (fuel) alone is forced through a
nozzle into the atmosphere which diffuses in the surrounding
atmosphere in order to form a flammable mixture. The candle flame is
an example of diffusion flame governed purely by molecular diffusion,
and the flame of the oxyacetylene torch. (diffused – dispersed, widely
spread)
c. Based on Smoothness
1. Laminar Flame – when a particle follows a smooth path through a
gaseous flame.
2. Turbulent Flame – are those having unsteady, irregular flows. As
physical size, gas density or velocity is increased, all laminar gas flows
tend to become turbulent
FIRE ELEMENTS
As mentioned in part one, fire has been described as having three components: fuel,
heat, and oxygen. This triad was illustrated by the fire triangle, which symbolized, in the most
basic terms, a chemical relationship. The additional component needed to explain flaming
combustion is a chemical chain reaction shown in the fire tetrahedron.
FUEL
FUELS (Combustible Materials)– fuel is matter and matter exist in three physical states: solid,
liquid and gas. Solids melt to become liquids, and these may vaporize and become gases.
The basic rule is that at high enough temperature all fuels can be converted to gases. And
each of the physical states exhibits different physical and chemical properties that directly
affect a fuel’s combustibility. For example, gasoline as a liquid does not burn, it is the vapors
rising from the liquid that burn. Likewise, wood, the most common solid fuel, is not
flammable, but gives of flammable vapors (free radicals).
FUEL is also a material that provides useful energy. Fuels are used to heat and cook food,
power engines, and produce electricity. Some fuels occur naturally and others are artificially
created. Such natural fuels are coals, petroleum, and natural gases obtained from
underground deposits that were formed million years ago from the remains of plants and
animals. They are called fossil fuels, which account for about 90% of the energy people use
today.
Synthetic fuels can be made from fossil fuels, certain types of rock and sand, and biomass.
Most fuels release energy by burning with oxygen in the air. But some – especially chemical
fuels used in rockets – need special oxidizers in order to burn. Nuclear fuels do not burn but
release energy through the fission (splitting) of fusion (joining together) of atoms.

Classification of Combustible Materials


1. Class A Fuels – they are ordinary combustible materials that are usually made of
organic substances such as wood and wood-based products. It includes some
synthetic or inorganic materials like rubber, leather, and plastic products.
2. Class B Fuels – materials that are in the form of flammable liquids such as alcohol,
acidic solutions, oil, liquid petroleum products, etc.
3. Class C Fuels – they are normally fire resistant materials such as materials used on
electrical wiring and other electrical appliances.
4. Class D Fuels – they are combustible metallic substances such as magnesium,
titanium, zirconium, sodium and potassium.

General Categories of Fuel


1. Solid Combustible Materials – includes organic and inorganic, natural or synthetic,
and metallic solid materials.
2. Liquid Combustible Materials – includes all flammable liquid fuels and chemicals.
3. Gaseous Substances – includes those toxic/hazardous gases that are capable of
ignition.

2 General Groups of Liquid Fuels


1. Flammable liquids – they are liquids having a flash point of 37.8 C (100 F) and a
vapor pressure not exceeding 40 psia (2068.6 um) at 37.8 C.
Combustible Liquids – these liquids have flash point at or above 37.8 C (100 F).

Latent heat is the quantity of heat absorbed by a substance from a solid to a liquid
and from a liquid to gas. Conversely, heat is released during conversion of a gas to liquid or
liquid to a solid.
Classification of Gases:
1. Based on Source
a. Natural Gas – the gas used to heat buildings, cook food, and provides energy
for industries. It consists chiefly of methane, a colorless and odorless gas.
Natural gas is usually mixed with compounds of foul-smelling elements like
sulfur so gas leaks can be detected. Butane and propane, which make up a
small proportion of natural gas, become liquids when placed under large
amount of pressure. When pressure is released, they change back to gas. Such
fuels, often called Liquefied Petroleum Gas (LPG) or liquefied Natural Gas
(LNG), are easily stored and shipped as liquid.
b. Manufactured Gas – this gas like synthetic liquid fuels is used chiefly where
certain fuels are abundant and others are scarce. Coal, petroleum, and biomass
can all be converted to gas through heating and various chemical procedures.
2. According to Physical Properties
a. Compressed Gas – gas in which at all normal temperature inside its container;
exist solely in the gaseous state under pressure. The pressure depends on the
pressure to which the container is originally charged and how much gas
remains in the container. However, temperature affects the volume and
pressure of the gas.
b. Liquefied Gas – gas, which, at normal temperature inside its container, exist
partly in the liquid state and partly in gaseous state and under pressure as long
as any liquid remains in the container. The pressure basically depends on the
temperature of the liquid although the amount of liquid also affects the
pressure under some condition. A liquefied gas exhibits a more complicated
behavior as the result of heating.
c. Cryogenic Gas – a liquefied gas which exists in its container at temperature far
below normal atmospheric temperature, usually slightly above its boiling
point and correspondingly low to moderate pressure. Examples of this gas are
air, carbon monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen,
and oxygen.
3. According to Usage
a. Fuel Gases – flammable gases usually used for burning with air to produce
heat, utilize as power, light, comfort, and process. Most commonly used gases
are natural gas and the LPG (butane and propane).
b. Industrial Gases - This group includes a large number of gases used for
industrial processes as those in welding and cutting (oxygen, acetylene);
refrigeration (freon, ammonia, sulfur dioxide); chemical processing (hydrogen,
nitrogen, ammonia, chlorine); water treatment (chlorine, fluorine).
c. Medical Gases – those used for treatment such as anesthesia (chloroform,
nitrous oxide); respiratory therapy (oxygen).
Burning of Gaseous Fuels
Gaseous fuels are already in the required Vapor State. Only the proper intermixed with
oxygen and sufficient heat is needed for ignition. Gases like flammable liquids, always
produce a visible flame, they do not smolder.
Chemical Fuels
Chemical fuels, which are produced in solid and liquid form, create great amounts of heat
and power. They are used chiefly in rocket engines. Chemical rocket propellants consist of
both a fuel and an oxidizer. A common rocket fuel is the chemical hydrazine. The oxidizer is a
substance, such as nitrogen tetroxide, that contains oxygen. When the propellant is ignited,
the oxidizer provides the oxygen the fuel needs to burn. Chemical fuels are also used in some
racing cars.
Nuclear Fuels
Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium
is the most commonly used nuclear fuel, though plutonium also provides nuclear energy.
When the atoms of these elements undergo fission, they release tremendous amounts of
heat. Nuclear fuels are used mainly to generate electricity. They also power some submarines
and ships. Nuclear energy can also be produced through the fusion of hydrogen atoms.
• Nuclear Fission – split of the nucleus of atoms
• Nuclear Fusion – combination of two light nuclei of atom
THE HEAT ELEMENT
HEAT – It is the energy possessed by a material or substance due to molecular
activity.
In physics, heat is the transfer of energy from one part of a substance to another or
from one body to another by virtue of a difference in temperature. Heat is energy in transit;
it always flows from substance at a higher temperature to the substance at a lower
temperature, raising the temperature of the latter and lowering that of the former substance,
provided the volume of the bodies remains constant. Heat does not flow from lower to a
higher temperature unless another form of energy transfer work is always present.
The study of energy is rooted in the subject of thermodynamics, a very logical
science that carefully defines energy, heat, temperature and other properties.
Heat is thermal energy in motion that travels from a hot to a cold region. Thermal
energy is a property of matter directly associated with the concept of temperature.
Heat and Temperature
Heat should not be confused with temperature, which is the measurement of the
relative amount of heat energy contained with in a given substance. Temperature is an
intensity measurement, with units in degrees on the Celsius (centigrade), Fahrenheit, or
Kelvin scales. Heat is the measurement of quantity and is given in British thermal units (Btu).
Temperature is the measurement of the degree of thermal agitation of molecules;
the hotness or coldness of something. Thermometer is the instrument used to measure
temperature and commonly expressed in C, F, and K.
Although it is very easy to compare the relative temperatures of two substances by
the sense of touch, it is impossible to evaluate the absolute magnitude of the temperature
by subjective reactions. Adding heat to a substance, however, not only raises its temperature,
causing it to impart a more acute sensation of warmth, but also produces alterations in
several physical properties, which may be measured with precision.
Specific Heat
The heat capacity or the measure of the amount of heat required raising the temperature of
a unit mass of a substance one-degree. If the heating process occurs while the substance is
maintained at a constant volume or is subjected to a constant pressure the measure is
referred to as a specific heat at constant volume.
Latent Heat
A number of physical changes are associated with the change of temperature of a
substance. Almost all substances expand in volume when heated and contract when cooled.
The behavior of water between 0 and 4 C (32 and 39 F) constitutes an important
exemption to this rule. The phase of a substance refers to its occurrence as a solid, liquid, or
gas, and phase changes in pure substances occur at definite temperatures and pressures.
The process of changing from solid to gas is referred to as SUBLIMATION, from solid to liquid
as MELTING and from liquid to vapor as VAPORIZATION. If the pressure is constant, the
process occurs at constant temperature. The amount of heat to produce a change of phase
is called LATENT HEAT, and hence, latent heats of sublimation, melting and vaporization
exist. If water is boiled in an open vessel at a pressure of 1 atm, the temperature does not rise
above 100 C (212 F), no matter how much heat is added. For example, the heat that is
absorbed without changing the temperature of the water is the latent heat, it is not lost but
expended in changing the water to steam and is then stored as energy in the steam, it is
again released when the steam is condensed to form water (CONDENSATION). Similarly, if
the mixture of water and ice in a glass is heated, its temperature will not change until all the
ice is melted. The latent heat absorbed is used up in overcoming the forces holding the
particles of ice together and is stored as energy in the water.

FIRE BEHAVIOR, CAUSES AND CLASSIFICATION

The behavior of fire maybe understood by considering the principle of thermal


balance and thermal imbalance. Thermal Balance refers to the rising movement or the
pattern of fire, the normal behavior when the pattern is undisturbed. Thermal imbalance, on
the other hand is the abnormal movement of fire due to the interference of foreign matter.
Thermal imbalance often confuses the fire investigator in determining the exact point where
the fire originated.
Dangerous Behavior of Fire

Fire is so fatal when the following conditions occurred:


1. Backdraft – it is the sudden and rapid (violent) burning of heated gases in a
confined area that occurs in the form of explosion. This may occur because of improper
ventilation. If a room is not properly ventilated, highly flammable vapors maybe accumulated
such that when a door or window is suddenly opened, the room violently sucks the oxygen
from the outside and simultaneously, a sudden combustion occur, which may happen as an
explosion (combustion explosion).
Characteristics of Backdraft
• fire gases are under pressure
• existence of black smoke that is becoming dense gray yellow
• confinement of excessive heat
• there is little flame or no visible flame
• smoke leave the building in puffs or by intervals
• windows are smoked stained
• muffled sounds are heard inside the building
• violent rushing of air inside when opened
2. Flashover – it is the sudden ignition of accumulated radical gases produced when
there is incomplete combustion of fuels. It is the sudden burning of free radicals, which is
initiated by a spark or flash produced when temperature rises until flash point is reached.
When accumulated volume of radical gases suddenly burns, there will be a very intense fire
that is capable of causing flames to jump at a certain distance in the form of fireball. Fireballs
can travel to a hundred yards with in a few seconds.
3. Biteback - a fatal condition that takes place when the fire resists extinguishment
operations and become stronger and bigger instead.
4. Flash Fire – better known as dust explosion. This may happen when the metal
post that is completely covered with dust is going to be hit by lightning. The dust particles
covering the metal burn simultaneously thus creating a violent chemical reaction that
produces a very bright flash followed by an explosion.

The Three Stages of Fire


1. Incipient Phase (Initial Stage) – under this stage, the following characteristics are
observed:
• normal room temperature
• the temperature at the base of the fire is 400-800 F
• ceiling temperature is about 200 F
• the pyrolysis products are mostly water vapor and carbon dioxide, small quantities
of carbon monoxide and sulfides maybe present.
2. Free Burning Phase – it has the following characteristics:
• accelerated pyrolysis process take place
• development of convection current: formation of thermal columns as heat rises
• temperature is 800-1000 F at the base of fire, 1200-1600 F at ceiling
• pyrolytic decomposition moves upward on the walls(crawling of the flame) leaving
burnt patterns (fire fingerprints)
• occurrence of flashover.
3. Smoldering Phase – this stage has the following characteristics:
• oxygen content drops to 13% or below causing the flame to vanish and heat to
develop in layers,
• products of incomplete combustion increase in volume, particularly carbon
monoxide with an ignition temperature of about 1125 F,
• ceiling temperature is 1000-1300 F,
• heat and pressure in the room builds up,
• building/room contains large quantities of superheated fuel under pressure but
little oxygen,
• when sufficient supply of oxygen is introduced, backdraft occurs.

CLASSIFICATION OF FIRES
Based on Cause
1. Natural causes – such as

• Spontaneous heating – the automatic chemical reaction that results to


spontaneous combustion due to auto-ignition of organic materials, the gradual
rising of heat in a confined space until ignition temperature is reached.
• Lightning – a form of static electricity; a natural current with a great magnitude,
producing tremendous amperage and voltage. Lightning usually strikes objects
that are better electrical conductors than air. It can cause fire directly or indirectly.
Indirectly when it strikes telephone and other transmission lines, causing an
induced line surge. It can also cause flash fire or dust explosion. When lightning
strikes steel or metal rod covered with dust, the dust will suddenly burn thus
resulting to an explosion.
A lightning may be in the form of:
Hot Bolt – longer in duration; capable only of igniting combustible materials
Cold Bolt – shorter in duration, capable of splintering a property or literally blowing apart an
entire structure, produces electrical current with tremendous amperage and very high
temperature.
• Radiation of Sunlight – when sunlight hits a concave mirror, concentrating the light
on a combustible material thereby igniting it.
2. Accidental Causes – such as
• Electrical accidents in the form of:
Short Circuit – unusual or accidental connections between two points at different potentials
(charge) in an electrical circuit of relatively low resistance.
Arcing – the production of sustained luminous electrical discharge between separated
electrodes; an electric hazard that results when electrical current crosses the gap between 2
electrical conductors.
Sparking – production of incandescent particles when two different potentials (charged
conductors) come in contact; occurs during short circuits or welding operations.
Induced Current – induced line surge – increased electrical energy flow or power voltage;
induced current; sudden increase of electrical current resulting to the burning of insulating
materials, explosion of the fuse box, or burning of electrical appliances.
Over heating of electrical appliances – the increase or rising of amperage while electric
current is flowing in a transmission line resulting to the damage or destruction of insulating
materials, maybe gradual or rapid, internal or external.
• Purely accidental causes
• Negligence and other forms of human error
3. Intentional causes (Incendiary)
If in the burned property, there are preparations or traces of accelerant, plants and trailers,
then the cause of fire is intentional.
• Accelerant – highly flammable chemicals that are used to facilitate flame
propagation.
• Plant – the preparation and or gathering of combustible materials needed to start a
fire.
• Trailer – the preparation of flammable substances in order to spread the fire.

Based on Burning Fuel (the classes of fire)

1. Class A Fire – Ordinary fires; they are the types of fire resulting from the burning
wood, paper, textiles, rubber and other carbonaceous materials. In short, this is the
type of fire caused by ordinary combustible materials.
2. Class B Fire – Liquid fires; they are caused by flammable and or combustible liquids
such as kerosene, gasoline, benzene, oil products, alcohol and other hydrocarbon
deviations.
3. Class C Fire – Electrical fires; they are fires that starts in live electrical wires,
equipment, motors, electrical appliances and telephone switchboards.
4. Class D Fire – Metallic fires; fires that result from the combustion of certain metals
in finely divided forms. These combustible metals include magnesium, potassium,
powdered calcium, zinc, sodium, and titanium.
5. Class K/E – Fires involve in the kitchen.

The Bureau of Fire Protection (BFP)

Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the
Bureau of Fire Protection (BFP) to be responsible for the prevention and suppression of all
destructive fires and to enforce the laws on fire.

Fire Protection is the descriptive term referring to the various methods used by the bureau
to stop, extinguish and control destructive fire for eventual prevention of loss of life and
property. It has the following objectives:
1. To prevent destructive fire from starting
2. To extinguish (stop or put out) on going destructive fire
3. To confine a destructive fire at the place where it began
4. To prevent loss of life and property when fire starts
Fire Prevention and Suppression refers to the various safety measures utilized to
stop harmful or destructive fires from starting.
The laws related with the fire prevention and fire protection in the Philippine setting includes
PD # 1185, Fire Code of the Philippine (26 August 1977), PD # 1096, Building Code of the
Philippine (19 February 1977)
The Bureau of Fire Protection is composed of well-trained fire fighters. In fighting
fires, they bring with them ladders and pumps. Additional specialist vehicles can provide
turntable ladders, hydraulic platforms, extra water, foam, and specialist appliances for
hazardous incidents.
In some countries, such as the United States, fire-fighting units are divided into engine
companies and ladder companies. Engine companies operate trucks called engines, which
carry a pump and hoses for spraying water on a fire. Ladder companies use ladder trucks,
which carry ladders of various lengths. Ladder trucks also have a hydraulically extended
ladder or elevating platform to rescue people through windows or to spray water from a
raised position.
Fire fighters in the Philippines handle many types of fires. Each type requires a
different plan of action to put it out. For example, the methods used to fight a building fire
differ greatly from those used to fight a forest or grassland fire.
Factor Affecting Fire Protection and Control
Fire protection and control is affected by the accumulation of fire hazards in a
building or area.
Fire Hazard is any condition or act that increases or may cause increase in the
probability that fire will occur or which may obstruct, delay, hinder or interfere with fire
fighting operations and the safeguarding of life and property
Conditions of Fire Hazards

1. Existence of dangerous or unlawful amount of combustible or explosives in the


building not designed to store such materials.
2. Defective or improperly installed facilities/ equipment.
3. Lack of adequate exit facilities.
4. Obstruction at fire escapes or other designated opening for fire fighters.
5. Dangerous occumulation of rubbish waste and other highly combustible materials.
6. Accumulation of dust in ventilation system or of grease in the kitchen.
7. Building under repair
8. Very old building or building is primarily made of combustible materials
Fire Fighting Operations
Fire fighting operations refers to fire suppression activities. In general the following
procedures should be observed:
1. PRE-FIRE PLANNING - this activity involves developing and defining systematic
course of actions that maybe performed in order to realize the objectives of fire
protection: involves the process of establishing the SOP in case fire breaks out.
2. EVALUATION – SIZE – UP (on-the-spot planning or sizing-up the situation) - this is the
process knowing the emergency situation. It involves mental evaluation by the
operation officer-in-charge to determine the appropriate course of action that
provides the highest probability of success.
Evaluation of the situation:
a. Learn the facts of the situation – by answering the 5 Ws – 1H
b. Understand the probabilities of fatal behavior of fire
c. Know your own situation or capabilities – weaknesses and
strengths: available manpower and equipment
d. Determine the specific course of action – entry or rescue
3. EVACUATION – This the activity of transferring people, livestock, and property away
from the burning area to minimize damage or destruction that the fire might incur in
case it propagates to other adjacent buildings.
4. ENTRY – This is the process of accessing the burning structure. Entry maybe done in
a forcible manner. Purposes of conducting forcible entry:
a. To provide access for fire fighters with equipment for fire extinguishments
b. To provide rescue
c. To aid in ventilation
5. RESCUE – This is the operation of removing (extricating), thus saving, people and
other livestock from the burning building and other involved properties, conveying
them to a secure place

6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings
near the burning structure in order to prevent the fire from the extending to
another building.
7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it
started : the process of preventing fire from extending from another section or form
one section to another section of the involved building.
8. VENTILATION – This the operation purposely conducted to displace toxic gases. It
includes the process of displacing the heated atmosphere within the involved
building with normal air from outside atmosphere.
9. SALVAGE – The activity of protecting the properties from preventable damage other
than the fire. The steps are a) remove the material outside the burning area, and b)
protecting or cover the materials by using tarpaulins (cotton canvass treated with
water proofing).
10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using
the 4 general methods of fire extinguishments.
11. OVERHAUL – This is the complete and detailed check of the structure and all materials
therein to eliminate conditions that may cause re-flash; involves complete
extinguishments of sparks or smouldering (glowing) substances (embers) to prevent
possibilities of re-ignition or rekindling.
12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is
an inquiry conducted to know or determine the origin and cause of fire.

What are the methods of extinguishing the 4 Classes of Fire?

1. CLASS A FIRES – by quenching and cooling: water is the best agent in cooling the
burning solid materials; water has a quenching effect that can reduce the
temperature of a burning material below its ignition temperature; (Fire extinguishers
which have water, sand, acid, foam and special solution containing alkali methyl dust,
as found in the loaded stream extinguisher, should be used for this type of fire.)
2. CLASS B FIRES – by smothering or blanketing (oxygen exclusion). This type of fire is
put or controlled by foam, loaded stream, carbon dioxide, dry chemical and vaporizing
liquid.
3. CLASS C FIRES – controlled by a non-conducting extinguishing agent: the safest
procedure is to always de-energize the electrical circuit. Extinguishers that should be
used to put out these type of fires are Carbon Dioxide Extinguishers, Dry Chemical,
Vaporizing liquids.
4. CLASS D FIRES – by using special extinguishing agents marked specifically for metals.
GE type, meth LX, Lith X, Meth L, Kyl, dry sand and dry talc can put out class D fires
5. CLASS E FIRES – only combination of the above methods.
Fire Extinguishers

A Fire Extinguisher is a mechanical device, usually made of metal, containing


chemicals, fluids, or gasses for stopping fires, the means for application of its contents for the
purpose of putting out fire (particularly small fire ) before it propagates, and is capable of
being readily moved from place to place.
It is also a portable device used to put out fires of limited size.
What are the types of Fire Extinguishers?
1. Water Fire Extinguisher – extinguisher filled with water use of fight Class A and Class
B fires except class C fires.
2. Liquefied Fire Extinguisher – those extinguishers that contain Carbon Monoxide Gas
use to fight class A, B, and C fires
3. Dry Chemical Extinguisher – those that contain chemical powder intended to fight
all classes of fires.
4. Foam Extinguisher– contains sodium bicarbonate and a foam-stabilizing agent in a
larger compartment and a solution of aluminum sulfate in an inner cylinder;
reaction between the two solutions forms a stabilized foam of carbon dioxide
bubbles.
5. Soda-acid Fire Extinguisher – filled with sodium bicarbonate mixed with water; a
small bottle of sulfuric acid is suspended inside (near the top) in such a way that
when the extinguisher is turned up-side-down, the acid mixes with sodium
bicarbonate; carbon dioxide is formed by the reaction which results to the building
of pressure inside the extinguisher; this pressure forces the water solution out
from the container through a hose.
6. Vaporizing Liquid Fire Extinguisher – contains non-conducting liquid,
generalization carbon tetrachloride or chlorobromethane; operation is by manual
pumping or using a stored pressure; the stream of liquid that is expelled is
vaporized by the heat of the fire and forms a smothering blanket. This type is
usually used in fires involving flammable liquids or electrical equipment.
7. Carbon Dioxide Fire Extinguisher – effective against burning liquids and fires in live
electrical equipment; used mainly to put out Class C fires.

What are examples of extinguishing agents?


1. MULTI-PURPOSE DRY CHEMICALS like the Mono-Ammonium Phosphate ( NH H PO
)
2. HALON 1211 or Bromochlorodifluoromethane
3. AFFF – (Aqueous Film Forming Foam), is a synthetic foam-forming liquid designed
for use with fresh water.
4. CARBON DIOXIDE – a chemical that can deliver a quick smothering action to the
flames, reducing the oxygen and suffocating the fire. Carbon dioxide dissipates
without leaving any contamination or corrosive residue.

What are the General Operating Procedures in Fire Extinguishment?


The general operating procedures in using a fire extinguisher may be modified by
the acronym PASS.

P - Pull the pin at the top of the extinguisher that keeps the handle from being
pressed. Press the plastic or thin wire inspection band.
A– Aim the nozzle or outlet towards the fire. Some hose assemblies are dipped to the
extinguisher body. Released it and then point at the base of the fire.
S – Squeeze the handle above carrying handle to discharge the extinguishing agent
inside. The handle can be released to stop the discharge at any time.
S – Sweep the nozzle sideways at the base of the flame to disperse the extinguishing
agent.
After the fire is out, probe for remaining smouldering hot spots or possible re-flash of
flammable liquids. Make sure the fire is out before leaving the burned area.

Fire Fighting Equipment

The most important equipment for fire fighters includes:

1. Communication Systems

They are necessary to alert fire fighters to the outbreak of a fire. Most fire alarms are
telephoned to the fire department. Many countries have introduced a simple, 3-digit number
as the telephone number to call in emergencies. This number can be dialed from almost any
telephone and from most pay phones without a coin. Dialing this number is free. In the
Philippines, the emergency line is 166.
2. Fire Vehicles

Fire fighters have several types of fire vehicles. The main types are (1) engines, (2)
ladder appliances, and (3) rescue vehicles.

Engines, also called water tenders, have a large pump that takes water from a fire
hydrant or other source. The pump boosts the pressure of the water and forces it through
hoses. Engines carry several sizes of hoses and nozzles. Many also have a small-diameter
hose called a booster line, which is wound on a reel. The booster line is used chiefly to put
out small outdoor fires.
Ladder appliances - There are two kinds of ladder appliances--turntable ladders and
hydraulic platforms.
A turntable ladder appliance has a metal extension ladder mounted on a turntable.
The ladder can be raised as high as 30 meters, or about eight storeys.
A hydraulic platform truck has a cage-like platform that can hold several people. The
platform is attached to a lifting device that is mounted on a turntable. The lifting device
consists of either a hinged boom (long metal arm) or an extendable boom made of several
sections that fit inside each other. The boom on the largest vehicles can extend 46 meters.
A built-in hose runs the length of the boom and is used to direct water on a fire. In most
cases, a pump in a nearby engine generates the pressure needed to spray the water.
Fire Fighting Vehicles - are equipped with portable ladders of various types and sizes.
They also carry forcible entry tools, which fire fighters use to gain entry into a building and to
ventilate it to let out smoke. Common forcible entry tools include axes, power saws, and
sledge hammers.
Rescue Vehicles are enclosed vehicles equipped with many of the same kinds of
forcible entry tools that ladder appliances carry. But rescue vehicles also carry additional
equipment for unusual rescues. They have such tools as oxyacetylene torches, for cutting
through metal, and hydraulic jacks, for lifting heavy objects. They may also carry other
hydraulic tools. With a hydraulic rescue tool, fire fighters can apply a large amount of
pressure to two objects to squeeze them together or prise them apart. The tool is often used
to free people trapped in cars and other vehicles after an accident. Many rescue vehicles also
carry small hand tools, such as crowbars and saws, and ropes and harnesses for rescuing
people from water or high places. In addition, they carry medical supplies and equipment.
Special Fire Vehicles include airport crash tenders and hazardous materials units.
Airport crash tenders are engines that spray foam or dry chemicals on burning aircraft. Water
is ineffective against many aircraft fires, such as those that involve jet fuel or certain metals.
In addition to the above fire fighting equipment, fire fighters are also required to use
protective clothing.

Protective Clothing - clothing for protection against flames, falling objects, and other
hazards. They wear coats and trousers made of fire-resistant material. Other clothing
includes special boots, gloves, and helmets. Fire fighters also use a breathing apparatus to
avoid inhaling smoke and toxic gases.
Fire Prevention and Public Safety
As mentioned earlier, Fire Prevention is a term for the many safety measures used to
keep harmful fires from starting. Fires not only cause extensive damage to valuable property,
but also responsible for large numbers of deaths.
What are the methods of Fire Prevention?
Individuals, groups, and communities use three main methods to prevent fires:
1. Laws and Regulations - Many countries have codes and standards that require
certain types of fire retardant materials and electric wiring to be used in buildings.
2. Inspection of buildings and other property - Fire brigades and other public
agencies inspect public buildings for fire hazards and recommend corrective
action. In some communities, homeowners may agree to have their homes
inspected for fire hazards.
3. Public education about fire safety and prevention - Education is a vital part of fire
prevention programmes because people cause to prevent--almost all fires. Fire
brigades, community groups, and schools teach children and adults about fire
hazards and work to reduce fires throughout the community.

FIRE INVESTIGATION
In the Philippines, the Bureau of fire Protection is the main government agency
responsible for the prevention and suppression of all destructive fires on buildings, houses
and other structures, forest, land transportation vehicles and equipments, ships or vessels
docked at piers or major seaports, petroleum industry installation, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and other related laws. It has
the major power to investigate all causes of fires and necessary, file the proper complaints
with the proper authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).

Why Fires should be investigated?


The very reason why fires should be investigated is to determine the cause of the
fire in order to prevent similar occurrences. The determination of the origin and cause of fire
is arrived at only after a thorough investigation. Since basic investigation is prelude to the
discovery of the true cause of the fire, an understanding of the chemistry of fire and its
attendant behavior should be a concern for successful investigation.
Who are qualified to investigate fires?
A fire investigator should have the following traits:
1. Possession of knowledge of investigational techniques.
2. He should have an insight of human behavior.
3. He should have a first hand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.

Is Fire Investigation Complex and Unique?


Fire investigation is complex and unique because of the following reasons:
1. Fire destroys evidence
2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?


Firemen are usually at the crime scene ahead of the fire investigators. Hence, they
are valuable sources of information. They are the so-called “Eyes and Ears” of the police
before, during and after the fire has been placed under control. The information taken from
them may be categorize as:
1. Information attainable or developed prior to the arrival at the scene
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.
Legal Aspect of Fire Investigation
ARSON defined
Arson is the intentional or malicious destruction of property by fire.
It is the concern of fire investigation to prove malicious intent of the offender. Intent must be
proved, otherwise, no crime exist. The law presumes that a fire is accidental, hence criminal
designs must be shown. Fire cause by accident or criminal design must be shown. Fire cause
by accident or negligence does not constitute arson.
What is Destructive Arson?
Under Article 320 of the Revised Penal Code, as amended, the penalty of Reclusion
Perpetua to Death shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of


burning, or as a result of simultaneous burnings, or committed on several
or different occasions.
2. Any building of public or private ownership, devoted to the public in
general or where people usually gather or congregate for a definite
purpose such as, but not limited to official governmental function or
business, private transaction, commerce, trade workshop, meetings and
conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyance or stops
or terminals, regardless of whether the offender had knowledge that there
are persons in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane devoted to
transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service to public utilities.
5. Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from
insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the
penalty of reclusion to death shall likewise be imposed when the arson is perpetrated or
committed by two or more persons or by group of persons, regardless of whether their
purpose is merely to burn or destroy the building or the building merely constitutes an overt
act in the commission or another violation of law.
The penalty of Reclusion Perpetua to Death shall also be imposed upon any person
who shall burn:
1. any arsenal, shipyard, storehouse or military power or firework
factory, ordinance, storehouse, archives or general museum of the
government.
2. in an inhabited place, any storehouse or factory of inflammable or
explosives materials.

If the consequence of the commission of any of the acts penalized under this Article, death
results, the mandatory penalty of death shall be imposed (sec. 10, RA 7659).

What is the basis of criminal liability in arson?


1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.
What are other forms of arson?

Other forms of arson refer to those enumerated under Article 321 of the Revised
Penal Code, as amended like the following:

1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or


vessel in port, knowing it to be occupied at the time by one or more
person.
2. Building burned is a public building and value of damage exceeds
six thousands pesos (P6000.00).
3. Building burned is a public building and purpose is to destroy
evidence kept therein to be used in instituting prosecution for
punishment of violators of law, irrespective of the amount of
damage.
4. Building burned is a public building and purpose is to destroy
evidence kept therein to be used in legislative, judicial or
administrative proceeding, irrespective of the damage, if the
evidence is to be used against defendant of any crime punishable
under existing law.

Suggested Readings:
1. U.S vs. Evangelista, 39 Phil. 825
2. People vs. Tamba, 10 SCRA 296
3. People vs. Paterno, 47 O.G 4600
4. People vs. Villarosa, 54 O.G 3482
5. People vs. Macalma, 44 Phil. 170

Arson of Property of Small Value (Art. 323, RPC)

Burning of any uninhabited hut, storehouse, barn, shed, or any other property,
under circumstances clearly excluding all danger of the fire spreading, value of the property
not exceed 25.00 pesos.

Suggested Readings:
1. People vs. Alvarez, 52 Phil. 65
2. People vs. Herrera, (C.A) GR no. 5782-R, May 15, 1951
3. People vs. Camporedondo
Crimes Involving Destruction (Art 324, RPC)
The offender causes destruction by any of the following means:
1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other
communication system
7. by using any other agency or means of destruction as effective as the above
Burning one’s own property as a means to commit arson (Read Case of U.S vs.
Budiao, 4 Phil. 502) (Article 325, RPC)
Article 326, RPC – Setting Fire to Property Exclusively Owned By the Offender
This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another or
2. damaged is actually caused upon another’s property even if such purpose is absent
or
3. thing burned is a building in an inhabited place.
Presidential Decree No. 1613 – Amending the Law on Arson
Special Aggravating Circumstance in Arson

1. If committed with intent to gain:


2. If committed with the benefit of another:
3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned:
4. If committed by a syndicate (3 or more persons).

Prima Facie Evidence of Arson

1. If the fire started simultaneously in more than one part of the building or
establishment
2. If substantial amounts of flammable substance or materials are stored within the
building not necessary in the business of the offender or for house hold use.
3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a fire, a fire, or ashes or traces
of any of the foregoing are found in the ruins or premises of the burned building
or property.
4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and / or insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the
ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or the safety of the person or property
of the victim.
What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must takes place. In other words, there
must be burning or changing, i.e. the fibber of the wood must be destroyed, its
identity changed.
2. Wilfulness – means intentional, and implies that the act was done purposely and
intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

Methods of Proof in Arson

Physical evidences in arson are often destroyed. To prove arson was committed, Corpus
Delicti must be shown and identify of the arsonist must be established. Corpus Delicti (body
of the crime) is the fact of that crime was committed. The following must show it:

1. Burning – that there was fire that may be shown by direct testimony of complaint,
firemen responding to the crime, other eyewitnesses. Burned parts of the building
may also indicate location.
2. Criminal Design – must show that it was wilfully and intentionally done. The
presence of incendiary devices, flammables such as gasoline and kerosene may
indicate that the fire is not accidental.
3. Evidence of Intent – When valuables were removed from the building before the
fire, ill-feeling between the accused and the occupants of the building burned,
absence of effort to put off fire and such other indications.
What are basic lines of inquiry in Arson Investigation?

The arson investigator must have to inquire on the following a) point of origin of fire
b) motives of arsonist c) prime suspects d) the telltale signs of arson.

1. The Tell Tale Signs of Arson


These signs maybe obvious that the first fireman at the scene will suspects arson or
they maybe so well concealed that moths of patient investigation to show that it is set off will
be required.
1. Burned Building – the type of the building may indicate a set fire under certain
circumstance. A fire of considerable size at the time the first apparatus arrive at
the scene is suspicious if it is a modern concrete or semi-concrete building.
2. Separate fires – when two or more separate fire breaks out within a building. The fire
is certainly suspicious.
3. Color of Smoke – some fire burn with little or no smoke but they are exception. The
observation of the smoke must be made at the start of the fire since once the fire
has assumed a major proportion, the value of the smoke is lost, because the smoke
will not indicate the material used by the arsonist
a.) When white smoke appears before the water from the fire hose comes in
contact with the fire, it indicates humid material burning. Example –
burning hay, vegetable materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat and causing lacrymation and
coughing indicates presence of chlorine.
c.) Black smoke indicates lack of air if accompanied by large flames it
indicates petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.
e.) Meaning of color of Smoke and Fire:
• Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc.
• Heavy brown with bright red flame – nitrogen products
• White smoke with bright flame – magnesium products
• Black smoke with red and blue green flame – asphalt
• Purple-violet flame – potassium products
• Greenish-yellow flame – Chloride or Manganese products
• Bright reddish yellow flame – Calcium products

8. Color of flame – The color of the flame is a good indication of the intensity of the fire,
an important factor in determining incendiarism.
9. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real
bright read about 100 degrees centigrade. Red flames indicate of petroleum. Blue
flame indicates use of alcohol as accelerant.
10. Smoke Marks – An experience investigation will determine the volume of smoke
involved at a fire and the character as residue deposited on walls or elsewhere.
Smoke in marks have often been of assistance in determining the possibility of a
fire having more than one 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 the first fire apparatus. Fires make what might
be termed a normal progress. Such progress can be estimated after an
examination of the material burned the building and the normal ventilation
offered of the fire. The time element and the degree of headway by the flames
become important factors to determine factors to determine possible
incendiarism.
12. Direction of Travel – While it is admitted that no two fires burn in identical fashion,
yet it can be shown that fire makes normal progress through various types of
building materials, combustibility of contents, channel of ventilation and
circumstances surrounding the sending of alarm, an experienced investigator can
determine whether a fire spread abnormally fast.
13. Intensity – The degree of heat given off by a fire and the color of its flame
oftentimes indicate that some accelerant has been added to the material
normally present in a building and the investigator must look for further evidence
pointing to use of such accelerant. Difficulty in extinguishing the fire is often a lead
to suspect presence of such fluid as gasoline and kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids
which are often used as accelerant is characteristics and oftentimes arsonist are
trapped because of this telltale sign. Most of fire – setters are inclined to use
substance which will make the blaze certain and at the same time burn up any
evidence of their crime.
15. Condition of Content – Persons tending to set their house on fire frequently
remove objects of value either materially or sentimentally. Store and other
business establishments oftentimes remove a major portion of their content or
replace valuable merchandise without of style articles.
the Fire ORIGIN
One of the first things to look for is the origin of the fire. Usually, accidental fires have
only one origin; sometimes an arson fire will have several origins. That is, there will be two or
more fires. Normally, a fire burns outward laterally in all directions, the heat generated moves
up, and fires seldom burns down. Ventilation will also affects the burning pattern; but without
unusual ventilation, fires burn equally in all directions except down. It may be necessary to
go to several spots and point back to the most damaged areas; where the lines crosses
probably will be the origin of the fire.
Explosions also feed in all directions; the heat effect is usually intense. The point of
explosion is usually easier to determine than the point of origin of other accelerants. Unless
the investigator has ad special training in this type investigation, it probably would be to his
advantage to call in a specialist.
Alligator Pattern - The alligator pattern (checking of charred wood giving it the
appearance of alligator skin) caused by the fire often can be used to trace the fire to its origin.
The pattern at the point of origin is smaller and deeper than the rest of the areas. The pattern
is also smaller and deeper at points where flammable liquids were used.
Information from people - Many investigators have found that information from
people help them know what to look for the fire scene. The good investigator knows how to
how to interview people to get information that can help determine the origin of the fire, the
cause of fire and even incendiary origin of the fire. The owner, the family of the owner, person
calling in the alarm, neighbors, witnesses, or any person who might help in any way should
be interviewed. If an investigator ever needed to be a skilled interviewer, it is in arson
investigation cases. Most people just do not like to talk about arson fire. In general, they must
be questioned as to the following.
a. His identity
b. His business in the arson of the fire.
c. What attracted his attention to it?
d. Time of observation and exact location of the blaze.
e. His position in relation to the fire at time of observation.
f. Size of intensity, rapidity of spread, and direct travel of flame.
g. Color of flame, and odor if he is in a position to observe these.
Other pertinent information

METHODS OF ESTABLISHING ARSON

The usual methods involve examination of the fire scene. Although some of the
most common methods used are burn indicators, which are the effect on materials of
heating or partial burning and may be used to determine the point or points of origin of a
fire. Fire accelerates the development of fire and to increase the amount of devastation. If
either multiple point of origin or traces of fire accelerants are found arson is indicated.
Occasionally, detection of arson during a fire is done through a team of arson
investigators in the form of surveillance of the fire scene: suspicious behavior of spectators,
an overzealous offer of assistance by a spectator, or someone constantly driving over fire
hoses are grounds for suspecting arson. Behavior of owners, occupants, and other persons
present as to their actions, excitements, dresses, and other pertinent information are
observed, which might be helpful later.
Observing people and vehicles as they approach and leave the scene. In a U.S. forest
fire scenerio, the detection of arson is aided by the practice of U.S. Forest Service firemen
enroute to configurations to take notice of the license numbers of vehicles departing from
the scene, possible incendiary fire. In at least one case, this procedure has led to the arrest of
an arson suspect.
Gasoline was, by far, the most frequently found fire accelerant, possibly because it is
readily available. Its characteristic and familiar odor makes it easier to detect than most other
flammable liquids. To camouflaged the odor, incendiaries ordinarily used ammonia which
has a pungent odor easily recognized by firemen. Ammonia is also used to keep out firemen
from the burning structure. Other accelerants often used like kerosene, alcohol, firemen can
easily distinguish rubber. Films have pungent odors similar to camphor.
The size of fire, rapidity of spread and direction from the time of discovery to the
arrival of the firemen may indicate that certain flammable substance have been used to
accelerate spread of fire. Arsonist may also bore holes on walls and floors as a means for the
fire to spread more rapidly.
Intensity of heat maybe an indication that flammable liquids or compounds could have been
used to spread the fire more rapidly. The firemen may experience sometimes that when a
stream of water are directed on such fire, instead of going out as might be ordinarily expected
the fire will burn with added intensity, and with a different color of flame such as red, blue,
yellow or orange.
The color of the smoke, location, and size are all-valuables in determining the use of
accelerant. Although, some fires burns with little or no smoke, these are exceptions. The
observation must be made at the start of the fire, once the fire as assumed a major
proportion; the value of the smoke is lost because the smoke will not indicate the materials
burning or used by the arsonist.
If white smoke appears before the water from the fire hose comes in contact with
the fire, it indicates humid materials burning, such as hay, vegetables, phosphorus (with
garlic odor). Black smoke indicates lack of air, but if accompanied by large flames it indicates
petroleum and rubber.
If biting smoke is encountered causing irritation of the nose and throat, lacrimation,
and coughings, presence of chlorine is indicated. Reddish-brown smoke might indicate
nitrocellulose.
Arson is often used to conceal another crime. Documents and records that found
purposely exposed during a fire should be given particular attention, including doors,
windows, and ventilators that are open and provide cross-drafts. Locked and obstructed
entrances or passageways to impede the speedy transit of firemen and equipments.
GATHERING, PRESERVING, AND ANALYZING EVIDENCES
The arsonist expects the fire to destroy all of the evidence, and sometimes it does
destroy most of it. However, the investigator who digs hard enough many times comes up
with evidence where seemingly none exist. The cause of the fire should be investigated
shortly after the fire is extinguished, otherwise, very little can be done afterwards be-map-up
and salvage operation. This is a crucial stage in the detection and investigation of arson
because cases rely on evidence that is recognized and preserved at this point.
Finding and Preserving Evidence
As in all other investigations, only one person should pick up, mark and package all
evidence, and special care should be taken to maintain the chain of custody.
There are some special problems in arson investigation due to the types of
accelerants that may have been used. Accelerants used often are those of petroleum
products such as gasoline, kerosene, mineral spirits, or anything containing volatile
flammable liquid. Hydrocarbons of these products may be found under the debris of the fire,
at or near the point of the origin. These fluids, when originally spread, flow outward and
downward, hence evidence of these may be found in cracks in the floor or in dirt under the
fire. Just because the fire damage is extensive or there is no odor present does not mean
these types of accelerants were not used.
The crime lab in most cases would be needed to prove which type of accelerant was
used. Wood flooring and rugs are the most common substrates, followed by furniture and
upholstery. These materials are where the crime lab separates accelerant residues. Sections
of the floors, the debris or some dirt under the fire must be stored in glass or metal containers
and sealed, to be of value to the crime lab. Fumed from the accelerants or hydrocarbons
would escape from plastic or open containers.
The predominant type of container used to preserve physical evidence from arson.
Scenes are the unused metal paint can. These containers are vapor-tight and unbreakable.
Plastic bags, while convenient and inexpensive, are easily punctured, are chemically attacked
by some types of evidence, and allow the loss of some volatile evidence by diffusing through
the bag.
Time Delay Devices
Delayed action is achieved in setting incendiary fires by the used of certain
mechanical, electrical or chemical devices. They usually involve matches, candles, electric
heating elements, batteries and clock mechanisms coupled with flammable liquids, or
chemicals that will spontaneously ignite after a short delay. If none of these devices are found,
the evidence, which should be the various containers for them. The arsonist uses this delayed
type of devices to establish an alibi.
Condition of Doors, Windows, Furniture
In cases where a building has burned to the ground, the hardware of doors and
window remain. They will fall straight down, unless moved by the water stream of the
firemen. This may tell whether a door or windows was opened or closed.
Metal parts of furniture may tell whether or not furniture has been moved from the
building before the fire. Ashes ay give the crime lb something to work with. For example, if
extensive furniture has bee moved from the house prior to the fire and inexpensive furniture
move in, the crime lab can tell from the ashes. Evidence of fraud fires should be carefully
examined. This is tremendous problem and should remain uppermost in the mind of the
investigator.
Burn Indicator
Burn indicators are the effects on materials of heating or partial burning, which are
used to indicate various aspects of fire such as flammable liquids, and points of origin.
Interpretation of burn indicators is a principal means of determining the cause of the fire.
Although burn indicators are widely used to establish the causes of fires, they have received
little scientific testing. Some of the burn indicators used are the following:
Alligatoring effect: checking of charred wood, giving it the appearance of the
alligator skin. Large, rolling blisters indicates rapid, intense heat, while small, flat alligatoring
indicates long, low heat,
Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat,
while small, possible fire accelerant.
Depth of char: depth of burning wood – used to determine length of burn and
thereby locate the point of origin of the fire.
Line of demarcation: boundary between charred and uncharred material.On floors
or rugs, a puddle shaped line of demarcation is believed to indicate a liquid fire accelerant. In
the cross section of wood, a sharp, distinct line of demarcation indicates a rapid, intense fire.
Sagged furniture springs: because of the heat required for furniture springs to
collapse from their own weight (1150 F) and because of the insulating effect of the upholstery,
sagged springs are believed to be possible only in either afire originating inside the cushions
(as from a cigarette) rolling between the cushions) or an extrnal fire intensified by a fire
accelerant.
Spalling: breaking off of pieces of the surface of concrete, brick or cement due to
intense heat. Brown stains around the spall indicate the use of fire accelerant.
Freezing of leaves: drying of leaves in a forest fire into their position at the time of
the fire. Since the leaves turn during the day. “Some persons regard this evidence as
unreliable because of insufficient clinical and research conformation and the influence of the
fire wind.”
One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation
may be due to many causes which have nothing to do with flammable liquids. He also points
out that depths of char is strongly affected by factors other than burning time (such as
temperature and species of wood) and that much greater care must be taken in its
interpretations than is frequently the case.

Olfactory Detection
Gasoline is a complex mixture of chemical compounds, the proportion of which vary
with the source of the crude oil and the type of process used in its manufacture. The
sensitivity of the human nose to gasoline vapor appears to be on the order of one part per
ten million. So that, the nose is not sensitive.
Another problem, called olfactory fatigue, is the tendency of the nose to lose its
sensitivity to an odor after a prolonged or intense exposure to it. Further, the odor of fire
accelerants may be masked by other strong odor such as that of burnt debris or ammonia.
In fact, in one case an arsonist attempted to camouflage the presence of gasoline by mixing
vanilla with it to mask the odor. Finally, it may be inconvenient or impossible to search for
accelerant odor with nose along with certain types of detector equipment.

Other Types of Accelerant


Explosive types of accelerant usually leave little or no residue, but there maybesome
types of containers or parts of containers available; metal parts such as pieces of pipe, wire,
batteries, and parts of alarm clock. Evidence of forced entry, evidence of arson to cover up
other crimes and evidence of footprints or tire tracks (outside) should be carefully gathered
and reserved. Do not take for granted that fingerprints will be destroyed by the fire. Soot from
the fire maybe perfect preservatives of fingerprints.
The arsonist may use material on hand such as newspapers, overstuffed furniture,
or anything that burns easily. He may rearrange anything available to provide a quick burning
situation. He may use some type of petroleum accelerant on this material. If rearrange, fast-
burning materials are use without accelerants, a good photograph showing rearrangement
may be sufficient. If some accelerant of petroleum product is used, it will be necessary to
place some of this material in glass or metal container and sealed for the crime lab to
examine
CDI 7 - VICE AND DRUG
EDUCATION AND
CONTROL
CDI 7 VICE AND DRUG EDUCATION AND CONTROL

Lesson 1: TIMELINE IN THE HISTORY OF DRUGS

While the use of opium for dulling pain was well known by physicians worldwide, the real
problem began with the isolation of morphine from opium in 1804. Introduced
commercially in 1827, morphine quickly became the drug of choice, particularly after the
advent of the hypodermic syringe in 1853. With few effective controls on its production and
sale, it rapidly reached epidemic levels in the United States thanks to the American Civil
War. Around 45,000 soldiers came home from this war unable to function without
morphine, according to Time's The Civil War: An Illustrated History. A similar effect was
observed in the Franco-Prussian wars between France and Germany.

In the late half of the 19th century, drug abuse was so widespread that Britain went to war
twice with China to keep opium trade routes open, and these naturally became known as
the Opium Wars. Cocaine was isolated in 1884 and quickly became yet another widespread
drug of abuse. Heroin and other opiates were synthesized and marketed as none-
addictive alternatives to morphine. Of course, heroin did turn out to be very addictive,
causing more people to abuse the drug.

Thanks to increased chemical and drug development in the 20th century, more drugs with
abuse potential became available. LSD, methamphetamine and synthetic opiates are all
relatively recent drugs. To counter the growing tide of addiction, drug laws became stricter,
and drug addiction started to carry a serious social stigma.

• 5000 B.C. The Sumerians use opium, suggested by the fact that they have an
ideogram for it which has been translated as HUL, meaning “joy” or “rejoicing.”

• 2500 B.C. Earliest historical evidence of the eating of poppy seeds among the Lake
Dwellers on Switzerland.

• 300 B.C. Theophrastus (371-287 B.C.), Greek naturalist and philosopher, records what
has remained as the earliest undisputed reference to the use of poppy juice.

• c. 1525 Paracelsus (1490-1541) introduces laudanum, or tincture of opium, into the


practice of medicine.

• 1680 Thomas Syndenham (1625-80): “Among the remedies which it has pleased the
Almighty God to give to man to relieve his sufferings, none is so universal and
efficacious as opium.”

• 1762. Thomas Dover, and English physician, introduces his prescription for a
diaphoretic powder,” which he recommends mainly for the treatment of gout. Soon
named “Dover’s powder,” this compound becomes the most widely used opium
preparation during the next 150 years.

• 1792 The first prohibitory laws against opium in China are promulgated. The
punishment decreed for keepers of opium shops is strangulation.

• 1800. Napoleon’s army, returning from Egypt, introduces cannibis (hashish,


marijuana) into France. Avante-garde artists and writers in Paris develop their own
cannabis ritual, leading, in 1844, to the establishment of *Le Club de Haschischins.

• 1805 Friedrich Wilhelm Adam Serturner, a German chemist, isolates and describes
morphine.

• 1822 Thomas De Quincey’s *Confessions of an English Opium Eater* is published. He


notes that the opium habit, like any other habit, must be learned: “Making allowance
for constitutional differences, I should say that *in less than 120 days* no habit of
opium-eating could be formed strong enough to call for any extraordinary self-
conquest in renouncing it, even suddenly renouncing it. On Saturday you are an
opium eater, on Sunday no longer such.”

• 1839-42 The first Opium War. The British force upon China the trade in opium, a trade
the Chinese had declared illegal.

• 1841 Dr. Jacques Joseph Moreau uses hashish in treatment of mental patients at the
Bicetre.

• 1856 The Second Opium War. The British, with help from the French, extend their
powers to distribute opium in China.

• 1864 Adolf von Baeyer, a twenty-nine-year-old assistant of Friedrich August Kekule


(the discoverer of the molecular structure of benzene) in Ghent, synthesizes barbituric
acid, the first barbiturate.

• 1868 Dr. George Wood, a professor of the theory and practice of medicine at the
University of Pennsylvania, president of the American Philosophical Society, and the
author of a leading American test, *Treatise on Therapeutics*, describes the
pharmacological effects of opium.

• 1883 Dr. Theodor Aschenbrandt, a German army physician, secures a supply of pure
cocaine from the pharmaceutical firm of Merck, issues it to Bavarian soldiers during
their maneuvers, and reports on the beneficial effects of the drug in increasing the
soldiers’ ability to endure fatigue.

• 1884 Sigmund Freud treats his depression with cocaine, and reports feeling
“exhilaration and lasting euphoria, which is in no way differs from the normal euphoria
of the healthy person. . . You perceive an increase in self-control and possess more
vitality and capacity for work. . . . In other words, you are simply more normal, and it is
soon hard to believe that you are under the influence of a drug.”

• 1885 The Report of the Royal Commission on Opium concludes that opium is more
like the Westerner’s liquor than a substance to be feared and abhorred.

• 1889 The John Hopkins Hospital, in Baltimore, Maryland, is opened. One of its world-
famous founders, Dr. William Stewart Halsted, is a morphine addict. He continues to
use morphine in large doses throughout his phenomenally successful surgical career
lasting until his death in 1922.

• 1894 The Report of the Indian Hemp Drug Comission, running to over three thousand
pages in seven volumes, is published. This inquiry, commissioned by the British
government, concluded: “There is no evidence of any weight regarding the mental
and moral injuries from the moderate use of these drugs.

• 1898 Diacetylmorphine (heroin) is synthesized in Germany. It is widely lauded as a


“safe preparation free from addiction-forming properties.”

• 1900 James R. L. Daly, writing in the *Boston Medical and Surgical Journal*, declares:
“It [heroin] possesses many advantages over morphine. . . . It is not hypnotic; and there
is no danger of acquiring the habit.

• 1901 The Senate adopts a resolution, introduced by Henry Cabot Lodge, to forbid the
sale by American traders of opium and alcohol “to aboriginal tribes and uncivilized
races.”

• 1903The composition of Coca-Cola is changed, caffeine replacing the cocaine it


contained until this time.

• 1904 Charles Lyman, president of the International Reform Bureau, petitions the
President of the United States “to induce Great Britain to release China from the
enforced opium traffic. We need not recall in detail that China prohibited the sale of
opium except as a medicine, until the sale was forced upon that country by Great
Britian in the opium war of 1840.

• 1906 The first Pure Food and Drug Act becomes law; until its enactment, it was
possible to buy, in stores or by mail order medicines containing morphine, cocaine, or
heroin, and without their being so labeled.

• 1906 *Squibb’s Materia Medical* lists heroin as “a remedy of much value . . . is also used
as a mild anodyne and as a substitute for morphine in combatting the morphine
habit.

• 1909 The United States prohibits the importation of smoking opium.


• 1910 Dr. Hamilton Wright, considered by some the father of U.S. anti-narcotics laws,
reports that American contractors give cocaine to their Negro employees to get more
work out of them.

• 1912 A writer in *Century* magazine proclaims: “The relation of tobacco, especially in


the form of cigarettes, and alcohol and opium is a very close one. . . . Morphine is the
legitimate consequence of alcohol, and alcohol is the legitimate consequence of
tobacco. Cigarettes, drink, opium, is the logical and regular series.” And a physician
warns: “[There is] no energy more destructive of soul, mind, and body, or more
subversive of good morals than the cigarette. The fight against the cigarette is a fight
for civilization.”

• 1912 The first international Opium Convention meets at the Hague, and recommends
various measures for the international control of the trade in opium. Subsequent
Opium Conventions are held in 1913 and 1914.

• 1914 Dr. Edward H Williams cites Dr. Christopher Kochs “Most of the attack upon white
women of the South are the direct result of the cocaine crazed Negro brain.” Dr.
Williams concluded that” Negro cocaine fiends are now a known Southern menace.”

• 1924 The manufacture of heroin is prohibited in the United States.

• 1928 It is estimated that in Germany one out of every hundred physicians is a


morphine addict, consuming 0.1 grams of the alkaloid or more per day. [Eric Hesse,

• 1938 Dr. Albert Hoffman, a chemist at Sandoz Laboratories in Basle, Switzerland,


synthesizes LSD. Five years later he inadvertently ingests a small amount of it, and
observes and reports effects on himself.

• 1941 Generalissimo Chiang Kai-shek orders the complete suppression of the poppy;
laws are enacted providing the death penalty for anyone guilty of cultivating the
poppy, manufacturing opium, or offering it for sale.

• 1943 Colonel J.M. Phalen, editor of the *Military Surgeon*, declares in an editorial
entitled “The Marijuana Bugaboo”: “The smoking of the leaves, flowers, and seeds of
Cannibis sativa is no more harmful than the smoking of tobacco.

• 1946 According to some estimates there are 40,000,000 opium smokers in China.

• 1949 Ludwig von Mises, leading modern free-market economist and social
philosopher: “Opium and morphine are certainly dangerous, habit-forming drugs. But
once the principle is admitted that is the duty of government to protect the individual
against his own foolishness, no serious objections can be advanced against further
encroachments.

• 1951 According to United Nations estimates, there are approximately 200 million
marijuana users in the world, the major places being India, Egypt, North Africa,
Mexico, and the United States.

• 1951 Twenty thousand pound of opium, three hundred pounds of heroin, and various
opium-smoking devices are publicly burned in Canton China. Thirty-seven opium
addicts are executed in the southwest of China.

• 1955 The Prasidium des Deutschen Arztetages declares: “Treatment of the drug
addict should be effected in the closed sector of a psychiatric institution. Ambulatory
treatment is useless and in conflict, moreover, with principles of medical ethics.” The
view is quoted approvingly, as representative of the opinion of “most of the authors
recommending commitment to an institution,” by the World Health Organization in
1962

• 1955 The Shah of Iran prohibits the cultivation and use of opium, used in the country
for thousands of years; the prohibition creates a flourishing illicit market in opium. In
1969 the prohibition is lifted, opium growing is resumed under state inspection, and
more than 110,000 persons receive opium from physicians and pharmacies as
“registered addicts.” [Henry Kamm, they shoot opium smugglers in Iran.

• 1956 The Narcotics Control Act in enacted; it provides the death penalty, if
recommended by the jury, for the sale of heroin to a person under eighteen by one
over eighteen.

• 1984 U.S. busts 10,000 pounds of marijuana on farms in Mexico. The seizures, made on
five farms in an isolated section of Chihuahua state, suggest a 70 percent increase in
estimates that total U.S. consumption was 13,000 to 14,000 tons in 1982. Furthermore,
the seizures add up to nearly eight times the 1300 tons that official had calculated
Mexico produced in 1983. [the San Francisco Chronicle, Saturday, November 24, 1984]

Lesson 2. GENERAL CONCEPT OF MEDICINAL AND DANGEROUS DRUGS

A. IMPORTANT TERMS OF MEDICINE AND DANGEROUS DRUGS

Medicinal Drugs
➢ A substance which when taken into the human body cures illness and/or relieves
signs/symptoms of disease.

➢ A medication (also referred to as medicine, pharmaceutical drug, or simply drug) is


a drug used to diagnose, cure, treat, or prevent disease.[1][2][3] Drug therapy
(pharmacotherapy) is an important part of the medical field and relies on the science
of pharmacology for continual advancement and on pharmacy for appropriate
management.

➢ Any substance or combination of substances presented as having properties for


treating or preventing disease in human beings;

➢ Any substance or combination of substances which may be used in or administered


to human beings either with a view to restoring, correcting or modifying physiological
functions by exerting a pharmacological, immunological or metabolic action, or to
making a medical diagnosis.
Dangerous Drugs
➢ A substance affecting the central nervous system which when taken into the human
body brings about physical, emotional, or behavioral changes in a person taking it.

Over The Counter Drugs (OTC)


➢ These drugs are non-prescription medicines, which may be purchased from any
pharmacy or drugstore without written authorization from a doctor.

Prescripted Drugs
➢ These drugs required written authorization from a doctor to allow a purchase.

DRUG ABUSE
➢ Any non-medical use of drugs that cause physical, psychological, legal, economic, or
social damage to the user or to people affected by the user’s behavior.

➢ Abuse usually refers to illegal drugs but may also be applicable to drugs that are
available legally, such as prescribed medications and certain over the counter
medications.

Drug Habituation
➢ It is a condition resulting from the repeated consumption of a drug.

Drug Dependence?
➢ It is a state of psychic or physical dependence or both on a drug arising in a person
following administration of drug on a periodic or continuous basis.

Psychological Dependence
➢ It refers to a state in which individual has a compulsion to take a drug, but one in
which there may not be a physical dependence.

Physical Dependence
➢ It is a result when a drug has been used for a long period of time. It is only identified
when a characteristic of withdrawal or abstinence syndrome occurs after its use is
discontinued.

Self – Medication Syndrome


➢ The “self-medication” syndrome is found in users and would be users of drugs whose
sources of information are people or literature other than doctors, pharmacists and
health workers.
➢ These could be members of the family, relatives and/or neighbors, all of whom may
be previously used the drug for their specific disease or disorder. Self – medication
may work against the good of the user because it can lead to intoxication and other
adverse reactions.

B COMMON REASONS WHY PEOPLE TURN TO DRUG ABUSE


Drug use is a dynamic issue that begins in different ways for different individuals. There are
countless reasons why people begin to abuse drugs, whether they’re illicit drugs
or prescription medications. The range of reasons why people take drugs is as broad as the
types of people who use them. Drug addiction can affect anyone, of any background, and of
any socio-economic status.
Contrary to popular belief, drug use doesn’t solely fall under the category of mental illness,
homelessness, or even poor family upbringing. Educated individuals with high-paying jobs,
families, and seemingly perfect or sought-after lives can be vulnerable to drug abuse, as well.
In general, there are three primary causes of drug use. Within these main causes, there stems
a myriad of reasons as to why people start to use drugs. Certain people may face several
different factors, which are each, on their own, a reason to use drugs. But these reasons are
all the result of some sort of emotional, psychological, or physical categorization of the causes
for drug use.
1. Emotional: Feeling they need drugs to fill a void in their lives (whether it’s stress,
trauma, relationship issues or more)
2. Physical: Feeling like they need the physical effects of a high or low to physically feel
better
3. Psychological: General feelings of inadequacy towards themselves or the world, so
they use drugs to boost their confidence and self-esteem and ability to make sense of
things
Triggering and Common Causes of Drug Abuse
While there are emotional, psychological, and physical reasons why people may choose to
abuse drugs in the first place, there are several triggers that fall within these reasons.

Emotional stress can develop due to a number of reasons. It can be the result of a loss such
as a job, a death, a divorce, or finances. Even health issues and medical conditions can cause
severe emotional damage. Physically, many people use drugs to boost their endurance,
improve their focus, or enhance their appearance in some capacity. Finally, drug use is also
the result of psychological factors such as mental illness, mental trauma, or even just general
attitude and beliefs.

Regardless of the triggers for drug use, it’s important to learn how to cope in healthy and
productive ways. Unfortunately, many people turn to substances as an easy or perceived
helpful way to cope.

Here are some of the most common causes of drug abuse and why substance use occurs in
different people:
1. Grieving: The death of a loved one, such as a close friend or family member, or even a
mentor who positively influenced a person, is emotionally devastating for people.
Different people handle grief in different ways. Some people are able to seek
counseling or work through grief on their own in healthy ways. Other people really
struggle with emotional or physical loss, so they use drugs as a way of coping with
grief in the short-term. However, this short-term coping mechanism may transition
into a long-term dependence for some people.
2. End of a Relationship: The end of a relationship is one of the most emotionally
destructive events in a person’s life. When a relationship ends through a breakup or
divorce, it can negatively impact self-confidence. This goes on to affect other areas of
life including career, friendships, families, and even one’s ability to find a purpose. If
the person doesn’t have appropriate emotional support available to them, they may
use drugs as a way of grieving the loss of their relationship.
3. Mental Illness: A complex trigger of substance abuse is mental illness. There are
several varieties of mental illness that manifest themselves in different ways. Some
people who face mental health challenges are vulnerable to using drugs as a way of
rationalizing or making sense of their illness. Others who face depression or anxiety
disorders may use drugs to help lift them out of these low mental states.
4. Environmental Influences: The environment that a person has been exposed to can
influence and trigger drug use. Growing up in poverty or in households with drug
addiction, abuse, crime or other negative factors can create a high risk for substance
abuse in those exposed to these conditions. They may perceive drug use as normal or
acceptable. Or, they may psychologically believe this to be a pattern they can fall into.
5. Relaxation: The average adult faces typical life obligations such as bills, family, and
work. Because of this, many people look for outlets to help relax and find a balance
between responsibilities and having fun. Unfortunately, some people may use drugs
as an outlet to help relax and unwind on evenings and weekends. If left unaddressed,
this pattern can develop into a dependence or addiction.
6. Self-Medication: When people face physical or emotional pain, they may use drugs
to self-medicate. This means they use drugs that aren’t prescribed to them by a
doctor. Instead, they use drugs such as painkillers to administer pain relief to
themselves. Certain painkillers have highly addictive properties, which often leads to
developing an addiction to them.
7. Financial Stress: The burden of financial stress can be intolerable for many people.
Money pressures can cause people to feel trapped, desperate, and out of control.
These feelings lead to emotional and psychological conditions that trigger drug use.
Drugs can often help people to forget about their financial responsibilities or avoid
dealing with them altogether.
8. Career Pressures: It is common in today’s society to have your identity tied to your
career. For many people, their career places a lot of pressure on them to perform,
which is often reflected in their idea of their own self-worth. This type of pressure can
cause emotional and psychological stress. To help perform better or alleviate work
stress, it’s possible to turn to drugs to help cope, forget failures, or boost performance.
9. School Pressures: Similar to career pressures, school pressure is another one of the
common reasons people abuse drugs. Many people face large workloads with classes
and homework, financial stress from student loans, balancing family and work while
going to school and the pressure to perform academically. These stressful conditions
make it easy for some people to be more susceptible to drug use as a way of coping.
Additionally, professional educational programs such as medical or law school have even
greater standards of academic achievement, coupled with higher financial costs. It is not
uncommon for students in graduate programs to use stimulants and other drugs as a means
of boosting their cognitive performance.
10. Family Demands: Typical family demands include balancing work with raising kids,
as well as financial obligations towards family members. But, when those demands
become overwhelming, it can be difficult to manage. This may be especially true for
young mothers who can face feelings of isolation, loneliness, and anxiety. Drug use,
especially through prescription pills, can become an easy way for parents to help cope
with family demands.
11. Peer and Social Pressure: One of the most well-known ways for people — especially
teens and young adults — to start using drugs is through external pressures from
other people. Commonly known as peer pressure, people may begin using drugs
because of the influence of their peers. For them, it becomes something they all share
in common, and so they feel pressured to continue to use drugs even if they
understand the dire consequences.
Additionally, younger people may experience social pressure to use drugs from television,
social media, and other celebrity influences. It’s possible that people see drug use being
glorified in the media, and so they feel pressured to participate as well.

12. Trauma and Abuse: Past or current traumas such as abuse, accidents, emergencies and
other events can negatively impact people psychologically. Traumatic events can imprint in
memory, making it difficult to move past them. Even traumas that occurred during
childhood can resurface in adult years, bringing up new thoughts and feelings. Instead of
seeking professional help to address trauma in a healthy way, people may use drugs as a
means to help them forget these memories.
Present traumas, such as living in an abusive environment, can also trigger substance use as
a means of forgetting the pain and suffering. Often, abuse is faced on a regular or even daily
basis, and so drug use can quickly turn into an addiction in this case.
13. Enjoyment of Getting High: Many people try drugs once as an experiment and end
up finding euphoric sensations from these substances. The chemical reactions
between the drug and the brain cause a release of dopamine, which is pleasurable to
many people. When this happens, people will continue to chase that same euphoria
and release because they like how it makes them feel. It may make them feel more
relaxed, self-confident, in control, or any number of other outcomes.
14. Boredom: Teens and young adults often face feelings of boredom or monotony, as
many of them don’t yet have adult responsibilities such as careers, bills, higher
education, families, and more. Drug use may seem like a convenient or entertaining
way to pass the time. While this may not always lead to a full addiction, it can often
become a go-to way of alleviating boredom instead of choosing other positive
activities.
15. Wanting to Fit In: Because human beings are social creatures, it’s important for us to
feel like we belong or fit in. This can affect people of any age but is most influential
during teenage and early adult years. If others around them are using drugs, they may
fear feeling left out, or that they won’t fit in. As a result, they place pressure on
themselves to use drugs as well.
16. Curiosity and Experimentation: For those who are around drugs, but haven’t yet
used them, they may hear positive feedback about certain drugs. They may become
intrigued or interested in their friends’ experiences, and so they try certain drugs as
well. This isn’t necessarily the result of the pressure of fear of not fitting in, but rather
genuine curiosity and a desire to try something new.
17. Rebellion: Certain personalities are more prone to rebellion or going against the
grain. This occurs in teens and even in adults. Because drug use is illicit or not socially
acceptable, it actually drives certain people to want to use them in order to rebel,
stand out or be different. For some people, this may simply be a phase of rebellion
and experimentation, or it may develop into an addiction.
18. Being in Control: When stressful periods of time occur with relationships, job loss,
health scares, or other tragedies, many people lose a sense of being in control of their
own lives. Drug use provides a false sense of being in control of health, emotions or
behaviors that many people find appealing. They may feel as though when everything
else around them is falling apart, they can rely on their substance use to give them
stability.
19. Enhance Performance: Certain drugs may help to temporarily enhance cognitive
function, memory, and focus. They may also help to alleviate fatigue and lethargy.
These are usually stimulants and other prescription drugs. For students or busy
professionals, these types of drugs can seem like a viable solution.
Other drugs, such as anabolic steroids, human growth hormones or stimulants, are used to
improve physical performance in athletes or those who are extremely physically active.
People often choose to use these types of drugs in order to compete or look a certain way.
20. Prescription Medications: Prescription drug abuse is becoming an increasingly
concerning issue that affects many people. Doctors may prescribe opioid painkillers
to patients who are recovering from surgery and facing injuries or other medical
situations. Left unmonitored, some people are susceptible to abusing these
prescription medications because of the high they provide. They may end up getting
hooked unintentionally and begin finding ways to keep obtaining their prescription
pills.
21. Isolation: Despite being more connected than ever, many people suffer from feelings
of isolation. If they feel as though they can’t relate to others or that they aren’t
understood by their peers, they may feel out of place. These feelings can lead to low
self-esteem or even depression over time. This only further exacerbates a state of
isolation. In order to numb this loneliness or emptiness, they use drugs to feel alive
and forget about feeling isolated. Using drugs may also give them a sense of
satisfaction and purpose.
22. Misinformation or Ignorance: Drug use and dependence have a number of
consequences. Physical, emotional, social, financial, and psychological repercussions
stop many people from continuing to use drugs or from using drugs in the first place.
Unfortunately, despite the amount of awareness surround the risks of drug use, there
is still a lot of misinformation about it. This misinformation may especially impact
young or undereducated people who don’t have the life experience or ability to
understand the dangers of drug use. Additionally, many people may see others use
drugs and not face any health or other concerns, and so they think that it won’t hurt
them either.
23. Instant Gratification: Many individuals have personality types that desire instant
gratification. This means they look for ways to be satisfied immediately and in the
short-term, as opposed to being satisfied by delayed gratification. This may be
especially true in young people who are conditioned today to expect that things
happen on-demand. Drug use delivers instant gratification in terms of physical,
psychological, and emotional sensations. It’s also often a social act, which further
enhances feelings of gratification.
24. Availability of Drugs: With the increased convenience of the internet and modern
communications, it’s relatively easy for people to obtain drugs today. When it comes
to prescription medications specifically, these drugs are now being distributed as
street drugs. They can also easily be obtained from friends, family members, and
colleagues who have prescriptions of their own. Prescription drugs are also fairly easy
to obtain with a prescription from a doctor, provided there are no clear signs of a risk
for abuse and dependence.

ABUSIVE DOSE – THE AMOUNT NEEDED TO PRODUCE THE SIDE EFFECTS AND ACTION
DESIRED BY AN INDIVIDUAL WHO IMPROPERLY USES IT.

ADDICTION - SEVERE CRAVING FOR THE DRUG EVEN TO THE POINT OF INTERFERING WITH
THE PERSON’S ABILITY TO FUNCTION NORMALLY.
ADMINISTER – ANY ACT OF INTRODUCING ANY DANGEROUS DRUG INTO THE BODY OF
ANY PERSON, WITH OR WITHOUT HIS/HER KNOWLEDGE, BY INJECTION, INHALATION,
INGESTION OR OTHER MEANS, OR OF COMMITTING ANY ACT OF INDISPENSABLE
ASSISTANCE TO A PERSON IN ADMINISTERING A DANGEROUS DRUG TO HIM/HER UNLESS
ADMINISTERED BY A DULY LICENSED PRACTITIONER FOR PURPOSES OF MEDICATION.

ALCOHOL - THE KING OF ALL DRUGS WITH POTENTIAL FOR ABUSE. MOST WIDELY USED,
SOCIALLY ACCEPTED AND MOST EXTENSIVELY LEGALIZED DRUG THROUGHOUT THE
WORLD.

ALCOHOLISM – STATE OR CONDITION OF A PERSON PRODUCED BY DRINKING


INTOXICATING LIQUORS EXCESSIVELY AND WITH HABITUAL FREQUENCY. (STATE VS.
SAVAGE, 89 ALA. 17 LBA 426, 7 SOUTH, REP. 183). IT IS A CONDITION WHEREIN A PERSON IS
UNDER THE INFLUENCE OR INTOXICATED WITH ALCOHOL. HIS PHYSICAL CONDITION AND
BEHAVIOR HAS BEEN MODIFIED TO A CERTAIN EXTENT BY THE EFFECTS OF ALCOHOL.

ALCOHOLIC LIQUOR – IS ANY BEVERAGES OR COMPOUND, WHETHER DISTILLED,


FERMENTED, OR OTHERWISE, WHICH WILL PRODUCE INTOXICATION OR WHICH
CONTAINS IN EXCESS OF ONE PERCENTUM OF ALCOHOL AND IS USED AS A BEVERAGE.
(STATE VS. OLIVER, 133 S.C. 125, 130 S.S. REP. 213).

AMPHETAMINES - USUALLY PRESCRIBED TO REDUCE APPETITE AND TO RELIEVE MINOR


CASES OF MENTAL DEPRESSION. THIS DRUG IS REPRESENTATIVE OF A BROAD CLASS OF
STIMULANTS KNOWN AS “PEP PILLS”. STREET NAME: EYE OPENER, LID POPERS, UPPERS,
HEARTS

AVERSION TREATMENT - THIS TREATMENT SEEKS TO CREATE AN AVERSION FROM


ALCOHOL BY THE ADMINISTRATION OF A NAUSEATING DRUG TO BE FOLLOWED BY A
DRINK OF LIQUOR, AND THUS DEVELOPS A DISLIKE OF ALCOHOL. THE METHOD MAYBE
RATHER COSTLY SINCE HOSPITALIZATION MAYBE REQUIRED.
BARBITURATES - ARE DRUGS USED FOR INDUCING SLEEP IN PERSONS PLAGUED WITH
ANXIETY, MENTAL STRESS, AND INSOMNIA. STREET NAME: LILY, BALA, DOWNERS, YELLOW
JACKETS, BLUE HEAVENS

BETTOR (MANANAYA) ANY PERSON, WHO PLACES BETS FOR HIMSELF/HERSELF OR IN


BEHALF OF ANOTHER PERSON, OTHER THAN THE PERSONNEL OR STAFF OF ANY ILLEGAL
NUMBERS GAME OPERATION.

CALL GIRLS - THESE ARE THE PART-TIME PROSTITUTES. THEY HAVE THEIR OWN
LEGITIMATE WORK OR PROFESSION BUT WORKS AS A PROSTITUTES TO SUPPLEMENT
THEIR INCOME. SOMETIMES THEY ARE TELLERS, SALES-LADIES OF DEPARTMENT STORES,
WAITRESSES, BEAUTICIANS, OR ENGAGE IN SIMILAR JOBS THAT THEY USE TO MAKE
CONTACTS WITH CUSTOMERS.

CALL HOUSES -THIS IS WHERE THE CUSTOMERS CALL AND THE MADAM MAKES THE
ARRANGEMENT AND SENDS THE GIRLS BY A TRANSPORTER WHO IS A MAN OR WOMAN
TO THE PLACE ARRANGEMENT.

CHINA - THE TRANSIT ROUTE FOR HEROIN FROM THE “GOLDEN TRIANGLE” TO HONG
KONG. IT IS ALSO THE COUNTRY WHERE THE “EPHEDRA” PLANT IS CULTIVATED- SOURCE
OF THE DRUG EPHEDRINE- THE PRINCIPAL CHEMICAL FOR PRODUCING THE DRUG
SHABU.

CHRONIC ALCOHOLICS – PERSON WHO, FROM THE PROLONGED AND EXCESSIVE USE
ALCOHOLIC BEVERAGES, FINALLY DEVELOPS PHYSICAL AND PSYCHO-CHANGES AND
DEPENDENCE TO ALCOHOL. THE PERSON CONSCIOUSLY OR UNCONSCIOUSLY BEGINS TO
DEMAND ON ALCOHOL’S NARCOTIC EFFECTS FOR A “PICK-UP”, TO SLEEP AT NIGHT, TO
FEEL “GOOD”, TO COPE WITH BUSINESS OR DOMESTIC PROBLEMS, TO ENJOY SOCIAL
GATHERINGS, TO GET AWAY FROM ONESELF, TO REPRESS INNER URGES OR REBELLION
OR RESENTMENT, AND TO RELIEVE DISTRESSING RESTLESSNESS.

CLANDESTINE LABORATORY – ANY FACILITY USED FOR THE ILLEGAL MANUFACTURE OF


ANY DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL.

COCAINE - THE DRUG TAKEN FROM THE COCA BUSH PLANT ERTYROXYLON COCA
UNDERSTABLY CALLED “SNOW” IN THE JUNKIE JARGON. IT IS ONE OF THE STRONGEST
SHORT ACTING STIMULANTS. TAKEN ORALLY, INJECTED OR SNIFFED AS TO ACHIEVE
EUPHORIA OR AN INTENSE FEELING OF “HIGHNESS”. STREET NAME: COKE, CRACK, DUST,
HEAVEN’S DUST, STARDUST, WHITE GIRL, SPEED BALLS

CODEINE - ALSO KNOWN AS METHYLMORPHINE. ITS EFFECT IS WEAKER IN INTENSITY.


COUGH PREPARATIONS. STREET NAME: SCHOOL BOYS
COLLECTOR OR AGENT (CABO, COBRADOR) ANY PERSON WHO COLLECTS, SOLICITS OR
PRODUCES BETS IN BEHALF OF HIS/HER PRINCIPAL FOR ANY ILLEGAL NUMBERS GAME
WHO IS USUALLY IN POSSESSION OF GAMBLING PARAPHERNALIA

COMA – THE SUBJECT IS STUPEROUS OR IN COMATOUS CONDITION. SOMETIMES IT IS


DIFFICULT TO DIFFERENTIATE THIS CONDITION WITH OTHER CONDITIONS HAVING COMA.

COMMONLY ABUSED DRUGS - DRUGS THAT ARE COMMONLY ABUSED DEPENDING ON


THEIR PHARMACOLOGICAL EFFECTS

CONFIRMATORY TEST – AN ANALYTICAL TEST USING A DEVICE, TOOL OR EQUIPMENT WITH


A DIFFERENT CHEMICAL OR PHYSICAL PRINCIPLE THAT IS MORE SPECIFIC WHICH WILL
VALIDATE AND CONFIRM THE RESULT OF THE SCREENING TEST

CONTROLLED SUBSTANCE - THE CONTROLLED SUBSTANCE ACT OF 1970 SEPARATES


DRUGS THAT MAYBE ABUSED INTO FIVE CATEGORIES (SCHEDULE) BASED ON THE USE
AND BIOLOGICAL EFFECTS OF THE DRUGS.

CONTROLLED SUBSTANCE SCHEDULE 1 - ALMOST ALL THE DRUGS IN THIS SCHEDULE ARE
ILLEGAL. ALL HAVE A HIGH POTENTIAL FOR DEPENDENCE AND ABUSE, AND IT IS ILLEGAL
TO HAVE THEM IN YOUR POSSESSION. EX. HEROIN, LSD, MJ

CONTROLLED SUBSTANCE SCHEDULE 2 - THESE DRUGS ARE HIGHLY ADDICTIVE BUT,


DESPITE THE RISK, THEY REMAIN IN MEDICAL USE BECAUSE NO SATISFACTORY NON-
ADDICTIVE ALTERNATIVE MEDICATION IS AVAILABLE. EX. COCAINE, AMP, MORPHINE AND
BARBITURATES.

CONTROLLED SUBSTANCE SCHEDULE 3 - THIS SCHEDULE INCLUDES DRUGS THAT HAVE


SOME POTENTIAL FOR ABUSE OR DEPENDENCE. EX. ACETAMINOPHEN OR ASPIRIN WITH
CODEINE AND SOME APPETITE SUPPRESSANTS.

CONTROLLED SUBSTANCE SCHEDULE 4 - THESE DRUGS ARE CONSIDERED LESS LIKELY


TO CAUSE DEPENDENCE OR TO BE ABUSED AS MUCH AS THE DRUGS IN SCHEDULE 3. EX.
DIAZEPAM, CHLORAL HYDRATE, PHENOBARBITAL

DANGEROUS DRUG BOARD (DDB) - CREATED BY VIRTUE OF REPUBLIC ACT 6425


OTHERWISE KNOWN AS DANGEROUS DRUG ACT OF 1972 SUBSEQUENTLY REPEALED BY
RA 9165. THE POLICY-MAKING & STRATEGY-FORMULATING BODY IN THE PLANNING &
FORMULATION OF POLICIES & PROGRAMS ON DRUG PREVENTION & CONTROL. IT SHALL
DEVELOP AND ADOPT A COMPREHENSIVE, INTEGRATED, UNIFIED AND BALANCED
NATIONAL DRUG ABUSE PREVENTION AND CONTROL STRATEGY.

DELIVER– ANY ACT OF KNOWINGLY PASSING A DANGEROUS DRUG TO ANOTHER,


PERSONALLY OR OTHERWISE, AND BY ANY MEANS, WITH OR WITHOUT CONSIDERATION.

DEN, DIVE OR RESORT– A PLACE WHERE ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL IS ADMINISTERED, DELIVERED, STORED FOR
ILLEGAL PURPOSES, DISTRIBUTED, SOLD OR USED IN ANY FORM.

DISORDERLY HOUSES - USUALLY RIDGES SEVERAL NUMBERS OF FACTORY GIRLS OR


PROFESSIONAL PROSTITUTES AND UNDER THE CONTROL OF AN ORGANIZED CRIME RING.
A “MADAM” OR “MAINTAINER” SUPERVISES THE OPERATION SUPPORTED BY A STAFF OF
TELLER (CASHIER), BELL OR ROOM BOYS, REGISTER CLERKS, WATCHMEN, PIMPS AND
SECURITY GUARDS KNOWN AS BOUNCER.

DISPENSE– ANY ACT OF GIVING AWAY, SELLING OR DISTRIBUTING MEDICINE OR ANY


DANGEROUS DRUG WITH OR WITHOUT THE USE OF PRESCRIPTION.

DOOR KNOCKER - THIS IS THE OCCASIONAL OR SELECTIVE TYPE OF PROSTITUTE. SHE IS


USUALLY A NEWCOMER IN THE BUSINESS OFTENTIMES, THEY ARE MOTIVATED BY
EXTREME

DRUG ABUSE - DELIBERATE USE OF MEDICALLY USEFUL DRUGS WHICH HAVE THE
CAPACITY TO ALTER MOOD AND BEHAVIOR WITHOUT THE BENEFIT OF A PRESCRIPTION.
IT REFERS TO THE USE OF A MEDICALLY USEFUL MOOD-ALTERING DRUG FOR A PURPOSE
DIFFERENT FROM THE ONE FOR WHICH THE DRUG HAS BEEN INDICATED. IT REFERS TO
THE USE OF A DRUG WITH SUCH FREQUENCY THAT IT CAUSES PHYSICAL OR MENTAL
HARM TO THE USER OR IMPAIRS SOCIAL FUNCTIONING.

DRUG DEPENDENCE (DRUG ADDICTION) - THE USERS CONTINUE TO TAKE A DRUG OVER
AN EXTENDED PERIOD OF TIME. THE USERS FIND IT DIFFICULT TO STOP USING THE DRUG.

DRUG DOSAGE - A DOSE OF A DRUG IS THE AMOUNT TAKEN AT ONE TIME. THE DOSES
TAKEN BECOME AN EXTREMELY IMPORTANT PART OF DRUG ABUSE.

DRUGS - ANY CHEMICALLY ACTIVE SUBSTANCE RENDERING A SPECIFIC EFFECT ON THE


CENTRAL NERVOUS SYSTEM OF MAN. A CHEMICAL SUBSTANCE THAT AFFECTS THE
PROCESSES OF THE MIND AND BODY. IT CAN EITHER BE NATURAL AND
SYNTHETIC/ARTIFICIAL.

DRUG SYNDICATE– ANY ORGANIZED GROUP OF TWO (2) OR MORE PERSONS FORMING
OR JOINING TOGETHER WITH THE INTENTION OF COMMITTING ANY OFFENSE
PRESCRIBED UNDER THIS ACT.

DRUG TRAFFICKING ( DRUG TRADE) - GENERALLY REFERS TO THE SALE AND


DISTRIBUTION OF ILLEGAL DRUGS. ILLEGAL PROCESS THROUGH WHICH NARCOTICS
AND OTHER ILLEGAL DRUGS ARE PRODUCED, TRANSPORTED, AND SOLD. ILLEGAL
CULTIVATION, CULTURE, DELIVERY, ADMINISTRATION, DISPENSATION, MANUFACTURE,
SALE, TRADING, TRANSPORTATION, DISTRIBUTION, IMPORTATION, EXPORTATION AND
POSSESSION OF ANY DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL.

DRUNK – THE MIND IS CONFUSED, BEHAVIOR IS IRREGULAR AND THE MOVEMENT IS


UNCONTROLLED. THE SPEECH US THICK AND IN COORDINATED. THE BEHAVIOR IS
UNCONTROLLABLE

DRUNKARD – IS A PERSON WHO HABITUALLY TAKES OR USE ANY INTOXICATING


ALCOHOLIC LIQUOR AND WHILE UNDER THE INFLUENCE OF SUCH, OR IN CONSEQUENCE
OF THE EFFECT THEREOF, IS EITHER DANGEROUS TO HIMSELF OR TO OTHERS, OR IS A
CAUSE OF HARM OR SERIOUS ANNOYANCE TO HIS FAMILY OR HIS AFFAIR, OR OF
ORDINARY PROPER CONDUCT. HE HAS LESSER RESISTANCE TO THE EFFECT OF ALCOHOL.

EUROPE - MANUFACTURE, SYNTHESIS, REFINE

FACTORY GIRLS - IS THE REAL PROFESSIONAL TYPE OF PROSTITUTES. SHE WORKS IN


REGULAR HOUSES OF PROSTITUTION OR BROTHELS. SHE ACCEPTS ALL COMERS AND HAS
NOTHING TO DO WITH THE SELECTING AND SOLICITING THE CUSTOMERS.

FINANCIER – ANY PERSON WHO PAYS FOR, RAISES OR SUPPLIES MONEY FOR, OR
UNDERWRITES ANY OF THE ILLEGAL ACTIVITIES PRESCRIBED UNDER THIS ACT

FINANCIERS OR CAPITALIST ANY PERSON WHO FINANCES THE OPERATIONS OF ANY


ILLEGAL NUMBERS GAME.

FURNISHED ROOM HOUSE - USUALLY OPERATED BY AN EXPERIENCED “MADAM” WHO


RENT ROOMS TO LEGITIMATE ROOMERS IN ORDER TO MAINTAIN AN APPEARANCE OF
RESPONSIBILITY PURPOSELY, THE MADAM LEAVES SEVERAL ROOMS NOT RENTED TO
LEGITIMATE ROOMERS FOR READY USE OF THE PROSTITUTION.

GAMBLING WAGERING OF MONEY OR SOMETHING OF MATERIAL VALUE ON AN EVENT


WITH AN UNCERTAIN OUTCOME WITH THE PRIMARY INTENT OF WINNING ADDITIONAL
MONEY AND/OR MATERIAL GOODS.

GOLDEN CRESCENT (I-PIA) – IRAN, AFGHANISTAN, PAKISTAN AND INDIA

GOLDEN TRIANGLE - BURMA/ MYANMAR, LAOS AND THAILAND

HABITUAL INTOXICATION – WHEN THE PERSON FINDS THAT DRINKING HAS A CONSTANT
NECESSARY AND THE VICE ULTIMATELY TAKES HOLD OF HIM.

HABITUATION - CHARACTERIZED BY CONTINUOUS DESIRE FOR A DRUG. A PERSON


BELIEVES THAT THE DRUG IS NEEDED TO FUNCTION AT WORK OR HOME BECAUSE DRUGS
OFTEN PRODUCE AN ELATED/ EXCITED EMOTIONAL STATE.

HALLUCINOGENS/PSYCHEDELICS - DRUGS WHICH AFFECT SENSATION, THINKING, SELF-


AWARENESS AND EMOTION. CHANGES IN TIME AND SPACE PERCEPTION, DELUSIONS
(FALSE BELIEFS) AND HALLUCINATIONS) MAY BE MILD OR OVERWHELMING, DISPENSING
ON DOSE AND QUALITY OF THE DRUG. THIS INCLUDES LSD, MESCALINE AND MARIJUANA.

HARD CORE ADDICTS - THOSE, WHOSE ACTIVITIES REVOLVE ALMOST ENTIRELY AROUND
THE DRUG EXPERIENCE AND SECURING SUPPLIES. THEY SHOW STRONG PSYCHOLOGICAL
DEPENDENCE ON THE DRUG.

HEROIN - MOST COMMONLY ABUSED NARCOTIC IN THE WORLD. IT WAS DISCOVERED BY


ALDER WRIGHT (1896), MOST POWERFUL DERIVATIVES OF OPIUM, BITTERER AND
COMMONLY INJECTED. STREET NAME: BLANCO, BROWN, SUGAR, KABAYO, KENGKOY,
GAMUT, MATSAKO, PULBOS, SAPSAP, TINIK

HIPPIES - THOSE WHO ARE ADDICTED TO DRUGS BELIEVING THAT DRUG IS AN INTEGRAL
PART OF LIFE.

HONG KONG - THE WORLD’S TRANSSHIPMENT POINT OF ALL FORMS OF HEROIN.

HUSTLER - PROFESSIONAL TYPE OF PROSTITUTES. SHE MAYBE A BAR OR TAVERN “PICK-


UP” OR A “STREET WALKER”. THE BAR OR TAVERN “PICK-UP” FREQUENTS PLACES WHERE
LIQUOR IS SOLD, SOMETIMES OPERATING WITH THE CONSENT AND KNOWLEDGE OF THE
MANAGEMENT.

IGNORANCE - LACK OF KNOWLEDGE AND INFORMATION ABOUT HOW DANGEROUS


DRUGS LOOK LIKE, THEIR BAD EFFECTS, LEGAL RAMIFICATIONS OR CONSEQUENCES AND
OTHER ASPECTS OF PROHIBITED DRUGS

ILLEGAL NUMBERS GAME ANY FORM OF ILLEGAL GAMBLING ACTIVITY WHICH USES
NUMBERS OR COMBINATION AS FACTORS IN GIVING OUT JACKPOTS.

INDIA - THE CENTER OF THE WORLD’S DRUG MAP, LEADING TO RAPID ADDICTION AMONG
ITS PEOPLE.

INDONESIA - NORTHERN SUMATRA HAS TRADITIONALLY BEEN THE MAIN CANABBIS


GROWING AREA IN INDONESIA. BALI INDONESIA IS AN IMPORTANT TRANSIT POINT FOR
DRUGS EN ROUTE TO AUSTRALIA AND NEW ZEALAND.

INHALATION - DRUG IN GASEOUS FORM ENTER THE LUNGS AND ARE QUICKLY ABSORBED
BY THE RICH CAPILLARY SYSTEM, IT IS PROBABLY THE SECOND MOST COMMONLY USED
ROUTE OF DRUG ADMINISTRATION.

INJECTION - THE DRUG CAN BE ADMINISTERED INTO THE BODY BY THE USE OF SYRINGE
AND HYPODERMIC NEEDLE IN THE FOLLOWING WAYS.

INTENTIONAL INTOXICATION– WHEN A PERSON DELIBERATELY DRINKS LIQUOR FULLY


KNOWING ITS EFFECTS, EITHER TO OBTAIN MITIGATION OR TO FIND THE LIQUOR AS
STIMULANT TO COMMIT CRIME.

INTRAMUSCULAR (IM) - ADMINISTRATION INVOLVES THE INJECTION OF A DRUG INTO A


LARGE MUSCLE MASS THAT HAS A GOOD BLOOD SUPPLY, SUCH AS THE GLUTEUS
MAXIMUS, QUADRICEPS, OR TRICEPS.

INTRAVENOUS (IV) - THE MOST EFFICIENT MEANS OF ADMINISTRATION WHICH INVOLVES


DEPOSITING DRUG DIRECTLY INTO THE BLOODSTREAM, THIS IS ALSO THE MOST RAPID
METHOD OF DRUG ADMINISTRATION.

INVOLUNTARY INTOXICATION – WHEN A DRUNKEN PERSON DOES NOT KNOW THE


INTOXICATING STRENGTH OF BEVERAGE HE HAS TAKEN.

JAPAN - THE MAJOR CONSUMER OF COCAINE AND SHABU FROM THE UNITED STATES
AND EUROPE.

JUETENG - ILLEGAL NUMBERS GAME THAT INVOLVES THE COMBINATION OF NUMBERS AS


A FORM OF LOCAL LOTTERY WHERE BETS ARE PLACED AND ACCEPTED PER
COMBINATION.

LAST TWO ILLEGAL NUMBERS GAME WHERE THE WINNING COMBINATION IS DERIVED
FROM THE LAST TWO NUMBERS OF THE FIRST PRIZE OF THE WINNING SWEEPSTAKES
TICKET.

LETHAL DOSE – THE AMOUNT OF DRUG THAT WILL CAUSE DEATH.

LYSERGIC ACID DIETHYLAMIDE (LSD) - DERIVED FROM THE FUNGUS CLAVICEPS


PURPUREA WHICH INFECTS WHEAT. IT WAS DISCOVERED BY DR. ALBERT HOFFMAN
WHILE WORKING IN A SWISS PHARMACEUTICAL COMPANY. KNOWN ON THE STREET AS
“ACID”, IT IS THE BEST KNOWN AND MOST POWERFUL HALLUCINOGENS. STREET NAME:
XTC, ADAM, ESSENCE, HERBALS,

MAINTAINER, MANAGER OR OPERATOR ANY PERSON WHO MAINTAINS, MANAGES, OR


OPERATES ANY ILLEGAL NUMBER GAME IN A SPECIFIC AREA.

MARIJUANA (CANNABIS SATIVA) - MARIJUANA IS A MEXICAN TERM MEANING


PLEASURABLE FEELING. THE FLOWERING TOPS OF BOTH MALE AND FEMALE PLANT
PRODUCE A STICKY RESIN WHICH CONTAINS TETRAHYDROCANNABINOL OR THC. STREET
NAME: MARY JANE, MJ, FLOWER, PAMPAPOGI, BROWNIES, DAMO, POT, JOINT, DOPE

MASIAO ILLEGAL NUMBERS GAME WHERE THE WINNING COMBINATION IS DERIVED


FROM THE RESULTS OF THE LAST GAME OF JAI ALAI OR THE SPECIAL LLAVE PORTION

MASSAGE CLINICS - THESE HOUSES ARE OPERATED UNDER A LICENSED OR PERMIT


ISSUED BY THE GOVERNMENT BUT ACTS AS A FRONT FOR PROSTITUTION WHERE THE ACT
MAYBE DONE OR AS PER ARRANGEMENT. THEY OPERATE WITH BARBERSHOPS WITH
MANICURISTS OR “ATTENDANTS” AND “MASSAGISTS” WHO WHILE SERVICING THEIR
CUSTOMERS MAY MAKE CONTACTS OR THE PROSTITUTES OR THEMSELVES.

MAXIMAL DOSE – THE LARGEST AMOUNT OF A DRUG THAT WILL PRODUCE A DESIRED
THERAPEUTIC EFFECT WITHOUT ANY ACCOMPANYING SYMPTOMS OF TOXICITY.

MESCALINE - AKA STP WHICH STANDS FOR SERENITY- TRANQUILITY- PEACE- A DRUG
DERIVED FROM THE DRIED TOPS OF THE PEYOTE CACTUS, A SMALL CACTUS NATIVE TO
MEXICO. STREET NAME: CACTUS, BUTTONS, BEAN

METHADONE - A SYNTHETIC NARCOTIC USED AS TREATMENT OF HEROIN DEPENDENCE


BUT ALSO FALLEN TO ABUSED. OTHER THAN METHADONE, OTHER MOST COMMONLY
KNOWN SYNTHETIC OPIATE SUBSTITUTE ARE MEPERIDINE (DEMEROL) AND DARVON.

METHYLENE DIOXYMETHAMPHETAMINE - (MDMA) - “ECSTASY” - IT IS A WHITE, YELLOW


OR BROWN IN COLOR WITH A BITTER TASTE AND COMES IN THE FORM OF A TABLET,
CAPSULE OR POWDER. ITS TABLET FORM COMES IN VARIOUS DESIGNS AND SHAPES
HENCE. IT IS DUBBED AS “DESIGNER DRUGS”.

MEXICO - IT IS KNOWN IN THE WORLD TO BE THE NUMBER ONE PRODUCER OF


MARIJUANA.

MIDDLE EAST – DISCOVERY, PLANTATION, CULTIVATION, HARVEST. THE BECKA VALLEY OF


LEBANON IS CONSIDERED TO BE THE BIGGEST PRODUCER OF CANNABIS IN THE MIDDLE
EAST. LEBANON IS ALSO BECAME THE TRANSIT COUNTRY FOR COCAINE FROM SOUTH
AMERICA TO EUROPEAN ILLICIT DRUG MARKETS.

MINIMAL DOSE – THE AMOUNT NEEDED TO TREAT OR HEAL, THAT IS, THE SMALLEST
AMOUNT OF DRUG THAT WILL PRODUCE A THERAPEUTIC EFFECT.

MODERATE INEBRIATION – THE PERSON IS ARGUMENTATIVE AND OVERCONFIDENT.


THERE IS SLIGHT IMPAIRMENT OF MENTAL DIFFICULTIES, DIFFICULTY OF ARTICULATION,
LOSS OF COORDINATION OF FINER MOVEMENTS. THE FACE IS FLUSHED WITH DIGESTED
EYEBALL. HE IS RECKLESS AND SHOWS MOTOR IN COORDINATION. THE PERSON MAYBE
CERTIFIED BY THE DOCTOR AS BEING UNDER THE INFLUENCE OF LIQUOR.

MORPHINE - IT IS THE MOST IMPORTANT ALKALOIDS AND CONSTITUTES ABOUT 10 % OF


THE USE RAW OPIUM. FRIEDRICH SERTURNER, ISOLATED MORPHINE FROM OPIUM.
STREET NAME; M, DREAMER, EMMA, EMSEL, PULBOS
NARCOTICS - DRUGS THAT RELIEVE PAIN AND OFTEN INDUCE SLEEP. THE OPIATES,
WHICH ARE NARCOTICS, INCLUDE OPIUM AND DRUGS DERIVED FROM OPIUM, SUCH AS
MORPHINE, CODEINE AND HEROIN.

OPERATOR OR MAINTAINER – ONE WHO OWNS OR MANAGES HOUSES OF ILL-REFUTE


WHERE THE BUSINESS OF PROSTITUTION IS CONDUCTED. SOMETIMES THEY ARE
CALLED “MADAME OR MAMA SAN”.

OPIUM - IT IS DERIVED FROM THE ORIENTAL POPPY PLANT PAPAVER SOMNIFERUM. RAW
OPIUM IS DARK BROWN IN COLOR AND IS BITTER IN TASTE. STREET NAME: “GUM”,
“GAMOT”, “KALAMAY” OR “PANOCHA”.

OPLAN THUNDERBOLT I – OPERATIONS TO CREATE IMPACT TO THE UNDERWORLD.

OPLAN THUNDERBOLT II – OPERATIONS TO NEUTRALIZE SUSPECTED ILLEGAL DRUG


LABORATORIES.

OPLAN THUNDERBOLT III – OPERATIONS FOR THE NEUTRALIZATION OF BIG TIME DRUG
PUSHERS, DRUG DEALERS AND DRUG LORDS.

OPLAN ICEBERG – SPECIAL OPERATIONS TEAM IN SELECTED DRUG PRONE AREAS IN


ORDER TO GET RID OF ILLEGAL DRUG ACTIVITIES IN THE AREA.

OPLAN HUNTER – OPERATIONS AGAINST SUSPECTED MILITARY AND POLICE PERSONNEL


WHO ARE ENGAGED IN ILLEGAL DRUG ACTIVITIES.

OPLAN MERCURIO – OPERATIONS AGAINST DRUG STORES, WHICH ARE VIOLATING


EXISTING REGULATIONS ON THE SCALE OF REGULATED DRUGS IN COORDINATION WITH
THE DDB/DOH AND BFAD.

OPLAN TORNADO – OPERATIONS IN DRUG NOTORIOUS AND HIGH PROFILE PLACES.

OPLAN GREENGOLD – NARCOM’S NATIONWIDE MJ ERADICATION OPERATIONS IN


COORDINATION WITH THE LOCAL GOVERNMENTS AND NGO’S.

OPLAN SAGIP-YAGIT – A CIVIC PROGRAM INITIATED BY NGO’S AND LOCAL GOVERNMENT


OFFICES TO HELP ERADICATE DRUG SYNDICATES INVOLVING STREET CHILDREN AS DRUG
CONDUITS.

OPLAN BANAT – THE NEWEST OPERATIONAL PLAN AGAINST DRUG ABUSE FOCUSED IN
THE BARANGAY LEVEL IN COOPERATION WITH BARANGAY OFFICIALS.

OPLAN PRIVATE EYE – SUMBONG MO SHABU KAPALIT PREMYO

ORAL INGESTION - THE DRUGS IS TAKEN BY THE MOUTH AND MUST PASS THROUGH THE
STOMACH BEFORE BEING ABSORBED INTO THE BLOODSTREAM, THE ONE OF THE MOST
COMMON WAYS TAKING A DRUG.

PARENTAL INFLUENCES - UNHAPPY HOME, PARENTS SHOWING LITTLE OR NO INTEREST


IN THEIR CHILDREN, ABUSES COMMITTED BY PARENTS SUCH AS HARSH PHYSICAL
PUNISHMENTS. LACK OF PARENTAL VALUES; PARENTS WHO ARE PERMISSIVE AND
LIBERAL; PARENTAL NEGLECT; DOMESTIC VIOLENCE; ROLE MODELING.

PEER INFLUENCES - DRUG USING FRIENDS ENCOURAGE, PRESSURE EVEN, A YOUTH TO


EXPERIMENT WITH DRUGS.

PERSONALITY FACTORS - CURIOSITY OR THE DESIRE TO EXPERIENCE A NEW STATE OF


CONSCIOUSNESS, ESCAPE FROM PHYSICAL AND MENTAL PAIN, RELIEF FROM BOREDOM
AND FRUSTRATION, AND DESIRE TO ESCAPE FROM HARSH REALITIES, UNABLE TO
CONFORM TO SOCIAL STANDARDS; WEAK PERSONALITY OR LOW SENSE OF SELF-ESTEEM.

PHENCYCLIDINE (PCP) - CONSIDERED AS A DANGER AND HIGHLY DANGEROUS DRUG


BECAUSE IT CAN BE EASILY SYNTHESIZED, IT IS POPULARLY KNOWN AS ANGEL DUST.

PHILIPPINES - THE SECOND IN MEXICO AS TO THE PRODUCTION OF MARIJUANA. IT ALSO


BECAME THE MAJOR TRANSSHIPMENT POINT FOR THE WORLDWIDE DISTRIBUTION OF
ILLEGAL DRUGS PARTICULARLY SHABU AND COCAINE FROM TAIWAN AND SOUTH
AMERICA. IT IS NOTED THAT PHILIPPINES TODAY IS KNOWN AS THE DRUG PARADISE OF
DRUG ABUSERS IN ASIA.

PHYSICAL DEPENDENCE - CAN ONLY BE DISCERNIBLE WHEN DRUG INTAKE IS


DECREASED OR STOPPED AND AN INVOLUNTARY ILLNESS CALLED THE WITHDRAWAL
SYNDROME OCCURS.

PIMP - ONE WHO PROVIDES GRATIFICATION FOR THE LUST OF OTHERS.

POVERTY - THIS IS THE MOST PREVALENT FACTOR THAT PROMPT PUSHERS AND ABUSERS
ALIKE TO INDULGE IN DANGEROUS DRUGS. PUSHERS WERE FORCED BY THE
CIRCUMSTANCES TO THE RETAILING OF PROHIBITED DRUGS AS A MEANT OR SOURCE OF
LIVELIHOOD. MANY ABUSERS USE DANGEROUS DRUGS AS A VEHICLE TO ESCAPE THE
REALITIES OF POVERTY AND ITS RELATED PROBLEMS.

PROTECTOR/CODDLER – ANY PERSON WHO KNOWINGLY AND WILLFULLY CONSENTS TO


THE UNLAWFUL ACTS PROVIDED FOR IN THIS ACT AND USES HIS/HER INFLUENCE, POWER
OR POSITION IN SHIELDING, HARBORING, SCREENING OR FACILITATING THE ESCAPE OF
ANY PERSON HE/SHE KNOWS, OR HAS REASONABLE GROUNDS TO BELIEVE ON OR
SUSPECTS, HAS VIOLATED THE PROVISIONS OF THIS ACT IN ORDER TO PREVENT THE
ARREST, PROSECUTION AND CONVICTION OF THE VIOLATOR.

PROGRAM OF ALCOHOLICS ANONYMOUS - THIS METHOD IS BASED ON CONVERSION


AND FELLOWSHIP. IT EMPHASIZES THAT ALCOHOLICS UNDERSTAND ALCOHOLISM
BETTER THAN ANYONE ELSE. MAN IS DEPENDENT UPON GOD AND MUST TURN TO HIM
FOR HELP; THAT THE ALCOHOLIC MUST SINCERELY DESIRE TO STOP DRINKING. HE MUST
ADMIT THAT HE IS AN ALCOHOLIC AND CANNOT DRINK IN MODERATION.

PROSTITUTE - A WOMAN WHO ENGAGE IN DISCRIMINATE SEXUAL INTERCOURSE OR ACTS


WITH MALES FOR HIRE.

PROSTITUTION- IT IS AN ACT OR PRACTICE OF A WOMAN WHO ENGAGE OR HABITUALLY


IN SEXUAL INTERCOURSE FOR MONEY OR PROFIT.

PROTECTOR OR CODDLER ANY PERSON WHO LENDS OR PROVIDES PROTECTION, OR


RECEIVES BENEFITS IN ANY MANNER IN THE OPERATION OF ANY ILLEGAL NUMBERS
GAME.

PSILOCYBIN - HALLUCINOGENIC COMPOUND OBTAINED IN MUSHROOM, PSILOCYBE


MEXICANA. STREET NAME: MAGIC MUSHROOM

PSYCHOLOGICAL DEPENDENCE - EXHIBITED WHEN A USER RELIES ON A DRUG TO


ACHIEVE A FEELING OF WELL- BEING.

PSYCHOTHERAPY METHOD - THIS CURE DEPENDS UPON SHOWING THAT THE REAL
PROBLEM OF THE ALCOHOLIC IS NOT THE ALCOHOL ITSELF BUT THE EMOTIONAL
PROBLEM THAT LED THE ALCOHOLICS TO DRINK.

PUSHER – ANY PERSON, WHO SELLS, TRADES, ADMINISTERS, DISPENSES, DELIVERS OR


GIVES AWAY TO ANOTHER, ON ANY TERMS WHATSOEVER, OR DISTRIBUTES, DISPATCHES
IN TRANSIT OR TRANSPORTS DANGEROUS DRUGS OR WHO ACTS AS A BROKER IN ANY OF
SUCH TRANSACTIONS, IN VIOLATION OF THIS ACT.

SCHOOL OF REGULATORY CONTROL - THIS METHOD MAINTAINS THE IDEA THAT WE


CANNOT DO AWAY WITH PROSTITUTION UNLESS WE CONSIDER THE PROBLEMS AND
REMOVE THE CAUSES OF PROSTITUTION.

SCHOOL OF TOTAL REPRESSION - THIS METHOD BELIEVES THAT PROSTITUTION IS BOTH


A CRIME AND A VICE AND THEREFORE, SHOULD BE REPRESSED AND TOTALLY
PROHIBITED.

SECONAL - SUDDEN WITHDRAWAL FROM THESE DRUGS IS EVEN MORE DANGEROUS


THAN OPIATE WITHDRAWAL.

SEDATIVES - DRUGS WHICH REDUCE ANXIETY AND EXCITEMENT SUCH AS BARBITURATES,


NON-BARBITURATES, TRANQUILIZERS AND ALCOHOL.

SELL – ANY ACT OF GIVING AWAY ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL WHETHER FOR MONEY OR ANY OTHER
CONSIDERATION.

SHABU/ “POOR MAN’S COCAINE” - CHEMICALLY KNOWN AS METHAMPHETAMINE. IT IS A


CENTRAL NERVOUS SYSTEM STIMULANT AND SOMETIMES CALLED “UPPER” OR “SPEED”.
IT IS WHITE, COLORLESS CRYSTAL OR CRYSTALLINE POWDER WITH A BITTER NUMBING
TASTE. IT CAN BE TAKEN ORALLY, INHALED (SNORTED), SNIFFED (CHASING THE DRAGON)
OR INJECTED. IT IS CONSIDERED AS THE MOST ABUSED STIMULANTS IN THE PHILIPPINES.
STREET NAME: SHASHA. SPEED, SPLASH, UABS, S, ICE, SHA

SILVER TRIANGLE – PERU, COLUMBIA AND BOLIVIA

SINGAPORE, MALAYSIA AND THAILAND - THE MOST FAVORABLE SITES OF DRUG


DISTRIBUTION FROM THE “GOLDEN TRIANGLE” AND OTHER PARTS OF ASIA.

SITUATIONAL USERS - THOSE WHO USE DRUGS TO KEEP THEM AWAKE OR FOR
ADDITIONAL ENERGY TO PERFORM AN IMPORTANT WORK. INDIVIDUAL MAY OR MAY NOT
EXHIBIT PSYCHOLOGICAL DEPENDENCE.

SLIGHT INEBRIATION – THERE IS REDDENING OF THE FACE. THERE IS NO SIGN OF MENTAL


IMPAIRMENT, IN COORDINATION AND DIFFICULTY OF SPEECH.

SNORTING - INHALATION THROUGH THE NOSE OF DRUGS NOT IN GASEOUS FORM, IT IS


SOMETIMES INHALING A POWDER OR LIQUID DRUG INTO THE NOSE COATS OF THE
MUCOUS MEMBRANE.

SOUTH AMERICA - COLUMBIA, PERU, URUGUAY, AND CHILE ARE THE PRINCIPAL SOURCES
OF ALL COCAINE SUPPLY IN THE WORLD DUE TO THE ROBUST PRODUCTION OF THE COCA
PLANTS SOURCES OF THE COCAINE DRUG. COLUMBIA: COCA/COCAINE

SOUTHEAST ASIA THE “GOLDEN TRIANGLE” APPROXIMATELY PRODUCED 60% OF OPIUM


IN THE WORLD, 90% OF OPIUM IN THE EASTERN PART OF ASIA. IT IS ALSO THE OFFICIALLY
ACKNOWLEDGED SOURCE OF SOUTHEAST ASIAN HEROIN.

SPAIN - THIS IS KNOWN AS THE MAJOR TRANSSHIPMENT POINT FROM INTERNATIONAL


DRUG TRAFFICKERS IN EUROPE AND BECAME “THE PARADISE OF DRUG USERS IN
EUROPE.

SPREE USERS - SCHOOL AGE USERS WHO TAKE DRUGS FOR “KICKS’, AN ADVENTUROUS
DARING EXPERIENCE, OR AS A MEANS OF FUN. THERE MAY BE SOME DEGREE OF
PSYCHOLOGICAL DEPENDENCE BUT LITTLE PHYSICAL DEPENDENCE DUE TO THE MIXED
PATTERN OF USE.

STIMULANTS - DRUGS WHICH INCREASE ALERTNESS AND ACTIVITY SUCH AS


AMPHETAMINES, COCAINE AND CAFFEINE. ALSO KNOWN AS “UPPERS” DRUGS WHICH
INDUCE ALERTNESS, WAKEFULNESS, ELEVATED MOOD, INCREASED SPEECH, MENTAL
AND MOTOR ACTIVITY, RELIEVE FATIGUE OR BOREDOM AND DECREASED APPETITE.

SUPPOSITORIES - THE DRUG IS ADMINISTERED THROUGH THE VAGINA OR RECTUM IN


SUPPOSITORY FORM AND THE DRUG WILL ALSO BE ABSORBED INTO THE BLOODSTREAM.

TOLERANCE - OCCURS WHEN THE BODY BECOMES ACCUSTOMED TO A DRUG AS THE


DRUG IS REPEATEDLY TAKEN IN THE SAME DOSE. IT NOW REQUIRES EVER- INCREASING
LARGER DOSES TO ACHIEVE THE SAME DESIRED EFFECT.

TOXIC DOSE – THE AMOUNT OF DRUG THAT PRODUCES UNTOWARD EFFECT OR


SYMPTOMS OF POISONING.

TRANQUILIZERS - ARE DRUGS THAT CALM AND RELAX AND DIMINISH ANXIETY. THEY ARE
USED IN THE TREATMENT OF NERVOUS STATES AND SOME MENTAL DISORDERS WITHOUT
PRODUCING SLEEP.

TURKEY - PREPARATION FOR DISTRIBUTION

USA – MARKETING

USE– ANY ACT OF INJECTING, INTRAVENOUSLY OR INTRAMUSCULARLY, OF CONSUMING,


EITHER BY CHEWING, SMOKING, SNIFFING, EATING, SWALLOWING, DRINKING OR
OTHERWISE INTRODUCING INTO THE PHYSIOLOGICAL SYSTEM OF THE BODY, AND OF THE
DANGEROUS DRUGS.

VAGRANTS AND PROSTITUTES - ANY PERSON HAVING NO APPARENT MEANS OF


SUBSISTENCE, WHO HAS THE PHYSICAL ABILITY TO WORK AND WHO NEGLECTS TO APPLY
HIMSELF OR HERSELF TO SOME LAWFUL CALLING. ANY PERSON FOUND LOITERING
ABOUT PUBLIC OR SEMI-PUBLIC BUILDING OR PLACES, OR TRAMPING OR WANDERING
ABOUT THE COUNTRY OR TO THE STREETS WITHOUT VISIBLE MEANS OF SUPPORT. ANY
IDLE OR DISSOLUTE PERSON WHO LODGES IN HOUSES OF ILL-FAME, RUFFIANS OR PIMPS
AND THOSE WHO HABITUALLY ASSOCIATE WITH PROSTITUTES.

VERY DRUNK – THE MIND IS CONFUSED AND DISORIENTED. THERE IS DIFFICULTY IN


SPEECH AND MARKED MOTOR INCOORDINATION AND OFTEN WALKING IS IMPOSSIBLE.

VICE - ANY IMMORAL CONDUCT OR HABIT, THE INDULGENCE OF WHICH LEADS TO


DEPRAVITY, WICKEDNESS AND CORRUPTION OF THE MINDS AND BODY.

VOLATILE SOLVENTS - GASEOUS SUBSTANCES POPULARLY KNOWN TO ABUSERS AS


“GAS”, “TEARDROPS”.

WHITE SLAVERY-THE PROCUREMENT AND TRANSPORTATION OF WOMEN


CROSS STATELINESS FOR IMMORAL PURPOSES.

WHORES/KNOCKER - IT IS A NAME OFTEN USED FOR ALL TYPES OF PROSTITUTE.

SHABU- "Poor man's Cocaine"/ methamphetamine hydrochloride


ECSTACY- methylenedioxy methamphetamine
MARIJUANA- cannabis sativa linnaeus/ "sacred tree" / "laughter provoker "
COCAINE- erythroxylon coca
HEROINE- "most abuse drugs" / most addictive of all drugs"
OPIUM- papaver somniferum
MORPHINE- "soldier's disease"
ALCOHOL- "King of All DRUGS
CDI 8 - TECHNICAL
ENGLISH 2 (LEGAL
FORMS)
CDI 8 : TECHNICAL REPORT WRITING

DEFINITION OF TERMS
• Report is an objective statement of the findings of the investigator, an official
record of the information that is relevant to an investigation.
• Clarity refers to the clearness of thought, style, or expression of the writer. An
effective writer must use correct English, and must point directly to the written
communication to save readers from reading unnecessary words.
• Accuracy is the conformity to facts and representation of truth with precision
and exactness. In writing a report, all facts and information whether favorable
or unfavorable to the concerned subject should be included, and these facts are
verified by statement of witnesses, and by reference to official records or
reliable sources. An accurate report is a true reflection and representation of the
facts to the best of the writer’s knowledge. A accurate report is also a specific
report.
• Completeness refers to having all the necessary normal part, components, and
style of writing in its entirety. In writing a complete report the elements of the
crime should established and the additional facts should prove those elements.
Documentation of the report should base from important statement and
letters, findings of other agencies, and laboratory reports. This should also
answer the 5w’s and 1H questions.
• Brevity has something to do with the quality or state of being brief and concise,
with the quality or terseness, and lack or wordiness. Brevity is achieved by
omitting materials or information that is useless, irrelevant and redundant.
• Fairness in writing is having or exhibiting a disposition that is free of favoritism,
bias, impartiality, self-interest, or preference in judgment. A fair writer should
always base his report on facts, and if there are theories should be verified first
and be consistent with facts.
• Specificity is the quality of writing pertaining to being explicitly define and
specific rather than general. A good writer must be precise and specific in
writing his or her report, and should avoid ideas that mislead the readers.
• Perspective refers to the point of view from which the investigator presents the
findings of his report based from gathered evidences. For maintaining the
objectivity of the report, the third person point of view should be used; the
writer should refer himself or herself as the ‘investigator” or “the police officer”.
• Selection of information relates to the gathered data in connection with how
the writer presents these in his report. Selectivity is vital since this will affect the
investigator’s decision on the facts and information that he will include. He
should discard irrelevant details to arrive at a coherent report, and should only
report information that are composed of physical evidence, statement, and
complete investigation. An effective writer should be able to make a distinction
between facts and opinions.
• Organization is the process of how a report is put together after the specific
details of facts have been gathered. Organization of the report should follow
after the investigator had conducted and gathered the evidences necessary in
the investigation. The chronological order of narrating events should be used
in writing the report. Basing from a specific and detailed outline, the report shall
follow the rules of writing the stylistics.
• Standard Operating Procedures (SOP)- the standard procedures for all police
stations and all offices of the National Operational Support Units.
• Police Blotter- a logbook that contains the daily registry of all crime incident
reports, official summaries of arrests, and other significant events reported in a
police station. (PNP Manual revised 2010)

• Defined as a daily record of events within the territories of a police unit, it


contains daily material concerning events for legal and statistical purposes.
(PNP Circular No.5)

• Sworn Statement- also termed as Sworn Declaration. It is document containing


facts related to a legal proceeding. The person who makes the declaration affixes
his or her signature in a separate endorsement paragraph at the end of the
document with a statement that the declaration is made under oath.
• Affidavits- these are types of verified, formal sworn statement of fact signed by an
affiant or author, and witnessed by a notary public. An affidavit can be used as
evidence in court proceedings. An affidavit is composed of:
o Commencement- this identifies the affiant
o Individual Averments- these are separate claims that are numbered as
mandated by law;
o Statement of Truth- this is a statement verifying that what is stated is true
under oath
o Attestation- a clause certifying the oath and the date made by the affiant.
o Signature- this is both the signature of the affiant and the notary public.
o Examples of Affidavit.
o Affidavit of Complaint- section 3 of Rule 110 defined complaint as sworn
written statement charging a person with offense, subscribed by the
offended party, any peace officer, or other public law officer charged with
the enforcement of the law violated. An affidavit of complaint contains the
following: the name of the accused, the designation of the offense by the
statute, the acts or omissions complained of as constituting the offense,
the name of the general offended party, the approximate time of the
commission of the offense, and the place wherein the offense was
committed.
o Affidavit of Desistance- a complainant executed an affidavit of desistance
when he no longer wishes to pursue a case against an accused or
defendant in a court case. The complainant states that he/she didn’t really
intend to institute the case and he/she no longer interested in testifying or
prosecuting. This is only a ground for dismissing the case if only the
prosecution can no longer prove the guilt of the accused beyond
reasonable doubt without the testimony of the offended party.
o Affidavit of Arrest- is a statement given under oath and penalty under
perjury. This states about facts and circumstances about the arrest, the
information which led to the arrest and the observation made before and
after the arrest. This is filled out by the arresting officer.
o Affidavit of Witness- is a legal and binding document of written testimony
of a witness as a way for evidence to be presented to the court. It is usually
filled out by a lawyer, and then filed as part of the case. The affidavit has to
be in paragraph form, and each paragraph covers one specific topic. The
full name of the person making the statement has to be included, as does
the name of one who affirms the statement. This kind of affidavit can also
be used to record the testimony of an expert witness in certain cases. The
affidavit has to be truthful and just give facts, not personal feelings or
opinions.

• Inquest Forms- is an informal and summary investigation conducted by a public


prosecutor in criminal case involving persons arrested and detained without the
benefit of warrant of arrest, issued by the court for the purpose of determining
whether or not the said persons should remain under custody and
correspondingly be charged in the court.
• Complaints in Criminal Cases- it is important that those who will be writing the
police report will be familiar with forms of complaints in criminal cases, its format,
and the standard headings and captions cases, its format, and the standard
headings and captions of cases. The familiarization of all these will help him in
reports, and in any court proceedings. These standard headings and captions are
used in the: Supreme Court, Court of Appeals, and Municipal Courts. The sample
forms of complaints included are: Violation of Municipal Ordinance, Forcible
Abduction, Arson, Damage to Property through reckless imprudence, homicide
and murder.

• Memorandum- is an inter-office communication dealing with official matters in the


police organization, its message is written in the fewest possible words. A
memorandum is for application, requiring compliance or dissemination of
information for the offices and members of the organization. In some cases, it is
specifically directed to an individual or groups of individual in a specific
performance or action. Police executives and subordinate officials may issue
memorandums; the former may use it for administrative instructions while the
latter for advisory or informative matters.

Parts of Memorandum
a. Heading- this contains the date, subject, thru channels and addressee.

b. Letterhead –every police unit or police office has its own letterhead where
it is usually printed in the first page.
c. Addressee- the words “MEMORANDUM FOR” is used if sends to a superior
office or “MEMORANDUM TO” if sends to a subordinate.

d. Attention Line- this is mainly for faster dissemination, the memorandum


may be addressed to a specific individual or head of a unit, or by the use of
an office symbol.

e. Subject- this is written two spaces below the sender and two spaces to the
right colon. It contains no more than ten words.

f. Date- this is placed below the subject indicating when the memorandum
is written.

g. Body- this is the message of the memorandum, it is double-spaced when


the message is less that nine lines.

h. Complimentary Ending- this is the originator’s name found 5 spaces


below the last paragraph of the body of the message.

• Memorandum Circulars- also termed as MC in government offices,


Memorandum Circulars have subjects that explain or classify rules for
subordinates to comply.

• Circulars- Generally, these are issuances coming from Department of Interior


and Local Government (DILG) to the PNP, these are administrative instructions
that are directive, advisory, and delegation of authority, and instructions or
regulations to be implemented.

• Office Circulars- these are administrative instructions requiring compliance


from personnel or office dealing with subjects like delegation of authority,
appointment or assignment of personnel.

• Office Orders- these are administrative instructions that are regularly and
mandatory. This order is mainly for the regulation of administrative matters in
the National Headquarters, Regional, Provincial, and District Offices. These
orders usually deal with suspects like personal conduct requiring compliance.

• Special Orders- these are directives signed by the Chief Directorial Staff for the
appointment, transfer, promotion, reduction, relief from duty, separation and
leave of absence of personnel.

• Standard Operating Procedure (SOP)- is about instructions to be followed on


a routinary basis concerning regular procedures, the chief of the director
directs this.

• Records- refers to the verified, confirmed, evaluated, and analyzed reports.


These are the end products of the investigation, and the submission of reports
done by the investigator.

1. The Nature of Report Writing, a report is an objective statement of the findings of the
investigator; this is an official record of the information that is relevant to an
investigation. Therefore, a good report plays an important role in the success of any
investigations. But the fact remains that there are many reports that are haphazardly
written, and it results in jeopardizing the whole investigation process. There is a great
demand for every report writer to fully develop his writing skills so that the best written
outputs will be achieved.
1.a Reports are helpful and may influence the career of the investigator, or any law enforcer.
Recognition and promotion are mostly based on the quality of reports. The personality of an
effective report writer is also reflected in the kind of reports he write. Well written reports
show a favorable impression not only on the competence of the writer but also on his
credibility. In contrast, erroneous reports can damage the writer’s career, as it may also
destroy the image of the agency of the organization he is connected with.

2. Points to consider in Writing Reports, well written reports do not happen in a snap of
a finger, but rather they are products of series of writing activities that are perfected over
constant practice. Good report writers are those who painstakingly take the effort of
writing and revising their work to achieve the best output. They follow certain points of
considerations and rules in writing reports like: using the best language, avoiding the
errors form, and avoiding errors of substance.
2.a The best language in report writing is one that could be easily understood by the target
reader, because not all reader has the time to read twice and decipher ambiguous reports.
A report that contains the best language that includes the following characteristics: concise,
clear, organized, thorough, accurate, and adequate.
2.b Faulty report is awkward and ambiguous; and those with grammatical errors are an
additional headache to the reader, because it may present meaning aside from what it
intends to convey.
2.c Report writers are greatly expected to be well-versed in grammar and all its governing
rules to avoid errors in spelling, typological forms, file number, and report format. The
substance of the report is the most important aspect in writing; this has something to do
with the exact content of the report with the completeness of the 5W’s and 1h.
2.d The accurate content of the report is seriously considered because it can seriously affect
the lives of people like a criminal being set free, or an innocent person being convicted. In
addition, the credibility of the writer will also be tarnished, along with the reputation of the
whole company or agency he is representing. To avoid this error, the writer must not delay in
investigating and reporting, he must include essential facts, must cover obvious leads, and
must conduct adequate interviews.
3. Strategies in Writing Good report, writing is a process that requires strategies. Good
written outputs are the products of carefully crafted writing activity. A writer can expect
a favorable outcome in his report if the written activity has been developed from a
specific goal, and follows from a time-tested strategy. The following are suggested
strategies that a writer must adhere in writing a report:
a. Check and re-check first whether notes on gathered facts are already
complete and organized.
b. If notes on gathered facts are insufficient, go back into the process of
gathering more facts related to the situation.
c. Make an outline of the report basing from the completely gathered facts.
d. Use the chronological order of writing in presenting facts and ideas in the
written report.
e. The outline of the report should basically answer the complete 5 W’s and 1H.
f. Prepare a report that could either be simple, brief, complex, or in
memorandum form, depending on its required format.

4. Types of report writers, According to the Philippine National Police investigative


manual, these are three types of report writers:
a. The writers who write without thinking- are those who do not bother gather facts
and information to support the written report. They are those who are not keen in
observing and gathering facts to supplement the written output. These are also
writers who are not conscious of their grammar error and do not intend to correct
what is grammatically wrong. They are lazy and careless in gathering specific
information. As a whole, they are concern whether their readers will understand
the written report or not.
b.The writers who write and think at the same time- these are the writers who gather
information and facts and put them into writing. In addition, they review and verify
their works but they are in a hurry to write, therefore the gathered informations
are not properly documented. These kinds of writers are also partially conscious of
the grammatically of their written output, and submit their reports with average
accuracy.
c. The writers who think first and write afterwards- these writers are those who gather
specific data, facts, and evidences carefully before they write, and they are very
keen in observing and gathering information to back up their report. They are also
very conscious of their grammar and goes on correcting themselves to improve
their written output. Because they are diligent in collecting facts, their reports are
accurate, complete, fair, concise and specific. These writers are concern about the
conciseness of their report with the purpose in mind that their reader will be able
to understand everything they have presented. Lastly, these are the writers who
present reports that are free from biases, prejudices, subjectivity, and errors in any
form, and thus, they submit reports with 100% accuracy.
5. Qualities of a Good report, a well written report is also a result of carefully planned and
designed writing. Good report writers undergo the process of writing, editing, and
revising their work. For a report to be considered as good, it needs to possess certain
qualities like clarity, accuracy, completeness, brevity, fairness and specificity.
a. Clarity refers to the clearness of thought, style or expression of the writer.
Examples:
Unclear: The pump boat capsized because it was overload.

Clear: The pump boat capsized because it was overloaded. Rescuers confirmed that
the pump boat can only hold five people. Witnesses said that there were ten people when it
capsized.

b. Accuracy refers to the conformity to facts and representation of truth with


precision and exactness.

Examples:
Inaccurate: The child was hit by a speeding motorcycle.

Accurate : The child was hit by a blue Honda Wave motorcycle, which is
approximately travelling an estimated speed of 50 kph.

c. Completeness refers to having all necessary normal part, components and


style of writing entirety.

Examples:
Incomplete: The missing boy was found.

Complete: The 5- year old boy from Lapu-lapu City who was missing for seven days
was found wandering in A.C. Cortes Avenue by a couple from Mandaue City.

d. Brevity has something to do with the quality or state of being brief and
concise.

Examples:
Wordy: The victim telephonically contacted the police station right after the
incident happened.

Concise: The victim called the police station after the incident.
e. Fairness refers to exhibiting a disposition that is free of favoritism, bias,
impartiality, self-interest , or preference in judgement.

Examples:

Biased: If a fireman couldn’t fireproof his own home how can he save another man’s house?

Unbiased: If a firefighter couldn’t fireproof his or her home, how can he or she save other
people’s house?

f. Specificity is the quality of writing pertaining to being explicitly definite and


specific rather than general.

Examples:

Unspecific: She died of stab wounds.

Specific: She died of five stab wounds in her chest, and another five stab wounds in her upper
right rib cage.

6. The Basic Requirements of Police Report Writing, In police report writing the WHO,
WHAT, WHERE, WHEN, WHY, and HOW are the most import questions that an
investigator must take into consideration. These questions basically cover the essentials
of the whole process of police report writing.
WHO?- this question answers all about the persons involve in the investigation, their
complete and correct names, and their exact addresses and contact numbers.
WHAT? – this question answers about what offenses are committed, what kind of evidence
was retrieved, what properties are stolen or burglarized, and what are the possible motives
of the crime.
WHERE? – this question answers about the geographical location of the crime scene, the
property, or the evidence that are related to the incident.
WHEN? – this question answers about the exact time and date when the offense was
committed, the properties found, and the suspects apprehended.
WHY? – this question answers about the objects or desire which motivated the offense or the
crime. For crime against persons, the possible object of the attack might be: revenge, ransom,
sexual pleasure, or hatred. For crime against property, the possible object of the attack might
be: to obtain money to sustain vices, or simply to acquire property.
HOW?- this question answers the general manner in which the crime was committed.

1. Classes of Reports
a. Technical Reports- these are written reports dealing with technical and specialized
subjects.
b. Problem Determining Reports- these are written reports identifying the existence and
causes of certain problems. Examples of these are case reports on Causes of Juvenile
Delinquency, Causes of Drug Addiction, and causes of Human Trafficking.
c. Problem Solution Reports- These are written reports identifying the processes and
solution of certain problems. Examples of these are case studies on preventive measures
against juvenile Delinquency, Drug Addiction and Human Trafficking.
d. Fact-Finding Reports- These are written reports on the methods of logical gathering and
presentation of data. Examples of these reports about facts and figures of terrorism, Drug
trafficking, Human Trafficking, etc.
e. Performance Reports- these are written reports referring to information on the status of
the activity or operation within a unit or organization.

2. Categories of Reports, Foronda (2009) enumerated that reports are categorized


according to whether they are Operational, Internal Business or Summary
Reports.
a. Operational Reports- these are written reports about police incidents,
investigations, arrests, identification of persons, and other miscellaneous
reports for routine operations of police organization.
b. Internal Business Reports- these are written reports on financial, personnel,
purchase, equipment, property maintenance, and general correspondence
which are important in the agency or organization’s management.
c. Summary Reports- these are reports that are furnished for the necessity of the
solution of crime accident, and other police administrative-related problems
3. Two General Types of Reports, there are two general types of police reports as
stated by Guevarra, et.al. (2008), these are the Basic of Informal reports, and the
Investigative or Formal Reports. These two types are elaborated below:
a. Basic or Informal Report- these are reports that are mostly related with
ordinary, miscellaneous incidents, usually in letter or memorandum form.
These are accomplished by any member of a unit, section, bureau, or division
within a department in accordance with prescribed regulation. Basically, these
reports contain the generic format like the heading, the person or office to
whom it is addressed or submitted, the text or the body, and the name of the
writer or the source of the report.
b. Investigative or Formal Reports- these are reports that cover all the exact and
exhaustive narration of facts. These reports are classified as Initial or Advance,
progress or Follow-up, and Final or Closing Reports.
4. Specific Types of Police Report
a. Spot Report- this is a verbal or written report done within twenty-four hours
after an important incident. This report is written to inform an immediate chief
or those in higher position of particular occurrences in his command
responsibility. This report should be acted upon within 24 hours. In some cases,
a spot report may be in the form of radiographic message if the reporting unit
is far from the receiving office. The following are indicated in a radiographic
message: Originating office, Addressee, Cite numbers, precedence actions,
Precedence info, Date-time group, Text written in capital letters.
b. Special report- this is written by a police unit or office based from a directive
or instruction from higher police officers. This type of report follows the
memorandum format of correspondence. The commander or chief signs this
report, or an authorized person signs if the commander is not around. This
report should contain the ‘rationale’ and the ‘action’. The rationale is the
specifications and details related to the problem, and the action is the
expected action or response the receiver or reader will do after reading the
report.
c. Beat Inspection Report/ After Patrol Reports- This is one of the widely
practiced written forms of communication in a station. This is a routine report
because the duty beat supervisor submits this report daily; those assigned on
beat inspection do their routine check on foot, while those on patrol sectors
use patrol cars. The Beat Inspection and After Patrol reports use the
memorandum format.
d. Wanted Person Report – Using the notice on wanted person, this report is
about those persons who are by the police. Information of wanted persons are
flashed on local and national television, as well as posted in conspicuous areas
as notice to the public. This report is done in four (4) copies to be submitted to
the following: to the PNP Provincial Director, or to the PNP Chief in Camp
Crame if the province is not under the provincial commander, to the
Department concerned which will have the original copy, and the Rogues’
gallery will have the fourth copy.
e. Arrest Report – this is a report that documents all the events in arresting a
suspect including personal information, jail bookings, information about
control and release of prisoners, and court proceedings. This report is based on
information received, ensuring probable cause for warrant/ warrantless arrest.
f. Crime Report – these are reports written after the conclusion from
preliminary investigation that a crime truly happened. This report also include
important factors like corpus delicti (elements of the crime), suspect
descriptions, properties taken, evidences collected, property damages, victims’
injuries, and suspects’ modus operandi.
g. Situation Report –Also known as SITREP, this is similar to patrol report which
is submitted every eight hours but on a need-only basis.
The Importance of SITREP
-Completing the SITREP covers all key aspects of community survival.
- A structured message is easier to carry as a document or to send over radio or the telephone.
-The SITREP can be copied to organizations with different responsibilities, to initiate action
and ensure that action is coordinated.
SITREPs from various parts of an affected area can be used to detect variations in general
need and so assist in allocating resources most effectively.
SITREPS form a record for the future of the actual situation and the results of action to deal
with.
h. Miscellaneous Incident Report also known as MI Report – this is used to
document any incident, situation, or circumstances that are nor crimes, or may
not be designated by a particular title. The purpose of this report is simply to
maintain the integrity of the department’s reporting system.
i. Traffic Accident Report- this report is written by the officer who investigates
the accident. This type of report documents all the facts and information about
any vehicular accident whether it is fatal or non-fatal. This also examines the
nature of the damage of any property, the location of the accident and its
causes. Included in this type of report are statements of witnesses, diagrams,
and photographs.
j. Investigation Report- written to investigate a particular case or crime. This is
an internal form of communication that requires the addressee, the officer-on-
case, and the chief of investigation section. The addressee of investigation
report is the chief or head of a police unit, the officer-on-case will write and
sign the report, and it will be noted by the chief investigation section. An
investigation report is important in court proceedings, the prosecutor’s office
can use this minor offenses and for determining whether the accused is guilty
or innocent.
5. Classification of investigation Report- there are three (3) classifications of
investigation report namely: the Initial or Advance report, the Progress or
Follow-up report, and the Final report.
a. Initial or Advance Report- this is an advance information on a new or fresh
case an investigator; the data in this report is not yet complete, but it is
written and immediately submitted after the preliminary investigation of
the case.
b. Progress report- this is a written narration of facts developed by the
investigator in the course of the follow-up investigation. This is a report on
subsequent details which are very vital to the case but have not been
incorporated in the initial report. This report shall be submitted within
three days after the initial report has been submitted, and consequently a
monthly report thereafter .
c. Final report- a complete written narration of facts based from a thorough
investigation of the case. This is a result of evaluation, summation, and
analysis of all facts and circumstances of the case, and the complete
accumulate and collection of data.
6. Parts of an Investigation report- an investigation has the following parts:
Authority, Matters Investigated, Facts of the Case, Discussion, Conclusion and
Recommendations. Each of this part is elaborated as follows:
a. Authority- this part where the investigator cites the authority for
making the report, and he states briefly the date, the place, and the
person by whom the investigation is made.
b. Matters investigated- this part where the investigator writes the
purpose of his report by generally stating what the investigation is all
about. Included in this part are the complaints, and the allegations of
committed crimes.
c. Facts of the case- this part is the coherent presentation of all the
important facts supported by evidences involving the whole
investigation.
d. Discussion- this is the part indicating all the factual information related
to the investigation. The investigator discusses all the circumstances to
give the reader a clear picture of the whole investigation in order to
establish the conclusion and recommendation of the report.
e. Conclusion- this is the part indicating the summary of the result of the
whole investigation process. The summary should be supported by
facts basing from the order of statement of allegations.
f. Recommendation- this is the last part which is consistent with the
conclusion. This is where the investigator writes his judgment and the
practical suggestions for appropriate actions to be taken, for proper
disposition of the case, for remedy of unsatisfactory situation, and for a
recommendation that a case be closed.
7. Steps in Writing an Investigative Report- in order for an investigator to write
a good and complete report, he needs to follow certain steps, and these steps
are discussed below:
a. Initial Preparation- this is the first step of writing the investigation
report where the investigator determines his purposes and objectives
in writing the report. He the gathers the facts and circumstances
related to the case.
b. Final Organization of the collected data- using chronological order, all
the gathered facts, and evidences, related to the case should be
sequentially presented.
c. Preparation of the first draft- just like the second step, the first draft
should also follow the chronological order or presentation. The draft
should be based from the outline and should be presented in a clear
manner with the use of appropriate transitions to maintain the
coherent flow of ideas.
d. Rewriting and polishing the report- this is the step where the
investigator will recheck, edit, and review the rough draft to check the
errors, and goes on rewriting to improve the whole report.
e. Finalize the report- this is the last step where the investigator prepares
the final report based from the rewritten and corrected draft.

1. Procedures for Making Blotter Entries


a. All entries in the police blotter shall be handwritten in a clear, concise and
simple manner but must answer as far as practicable, the 5W’s and 1H.
Clarity should not be sacrificed for brevity.
b. Only facts, not opinions, are entered in the blotter.
c. No erasures shall be made on entries. Corrections are made by drawing a
horizontal line over such words or phrases and the actual entry initiated by
the police officer making the correction.
d. A ball pen with blue, black or blue-black ink is used for making the entries.
e. Misinterpretation of the blotter or any attempt to suppress any information
is punishable criminally and administratively.
f. All entries must be legibly written in longhand and consecutively
numbered.
g. Every page of the blotter shall be consecutively or chronologically filled in.
no line or space shall be left blank between any two entries.
h. Any development of case reflected in the blotter should be a new entry at
the time and day it was reported. A reference to the previous entry number
of the case, however, should be made.
i. During every shift, the Duty Sergeant, under the supervision of the Duty
Officer or Complaint Desk Officer, shall make the actual entries on the
blotter and at the end of their tour duty, both the Duty Sergeant and Duty
Complaint Desk Officer shall sign the blotter.
2. Units Required and Supply Accountability of Police Blotter
a. A Police blotter should be maintained by a police station.
b. All PNP operating Units or Divisions in the Metropolitan police District,
together with the stations and substations, should maintain a separate
blotter.
c. The general Headquarters, Philippine National Police should supply police
blotters to each PNP command reflecting the same as accountable items
on their property books.
d. It is the responsibility of the PNP unit commander to properly maintain,
use, safe, keep and account the police blotter.
e. Police forces shall continue to use the present blotter, provided the forms
and rules should be followed.

BELOW IS A SAMPLE FORMAT OF A POLICE BLOTTER PAGE:


ENTRY NO. DATE TIME EVENTS/ INCIDENTS DISPOSITION

3. Incident Reporting and Filling out of Incident record Form (IRF)


a. An entry of record in the Police Blotter shall not be done directly to the Police Blotter
book. The facts and information of a blotter entry shall at first be recorded in the
Incident Record Form, or IRF. Once it is assigned and acknowledge by the Desk
Officer and the Chief of Police, or his representative, the data that were provided
by the complainant or client in the IRF shall entered and recorded in the Police
Blotter Book.
b.As soon as a client or complainant enters the police station, and is ascertained that
his purpose is to file a complaint or to request a data in the Police Blotter, the Duty
officer of the Quality Service Lane (QSL) must accord the client with due respect
and politely ask the person the nature of his transaction. The Incident Record
Form (IRF) shall be made available to the client for him to fill out.
c. The QSL Duty Officer shall at all times guide and assist the client in filling out the
form. In the event that the clients is illiterate or incapacitated to fill out the IRF, the
QSL Duty Officer shall do the same for him. The Chief of Police in the station shall
make available space in the police station where this process is done, in the privacy
outside the scrutiny of kibitzers.
d.Whenever the suspect of the complaint involves confidentiality, as in cases involving
protection of women and children, the QSL Duty Officer shall escort the client to
the female Duty Investigator of the Women and Children Protection Desk (WCPD)
where the filling out of the IRF shall be done. While the IRF should be filled out by
the complainant, the female police officer of the WCPD may assist the
complainant in doing so, with the latter providing the facts and details of the case.
e. The first item to be filled out in the IRF is the general information about the
reporting person. It contains name, address, occupation, and other analogous
information that this general information be taken. The object of this is to prevent
an attempt of a client to mislead the police to record an event or crime that did
not occur, motivated by a client’s desire to later get an extract of the Police blotter
for purposes of an insurance claim, for example, or to tarnish the personal record
of another person by imputing the commission of a crime by such person. The
inclusion of his home and work addresses in the event that a formal inquiry or
investigation. The inclusion of his home and work addresses in the event that a
formal inquiry or investigation is subsequently ordered by the Chief of Police.
f. The next item in the IRF is the data of the suspect. There are two(2) boxes in this
item which should be indicated with a tick mark before answering the data under
suspect. The first is whether there is no suspect or no crime was committed. This
is applicable for blotter entries where a client wants to put on official record the
loss of his Driver’s license, or Company identification card. Once this is checked,
proceed to the next item, which is the data of the victim. The second box, however,
should be indicated if there are suspects in the incident. The data of the first
suspect will be recorded on the IRF and those of the second and subsequent
suspects on a separate sheet of paper which will the form an integral part of IRF.
g.The data in all items on the IR should be as specific and complete as possible. The
information indicated and brought forth in this item will be a very vital tool of the
Investigator-on-case (IOC), opportunity to indicate, as completely as possible, any
information and distinguishing features of the suspects in the space provided
thereon.
h.The third item on the IRF is the general information about the victim. It contains the
name, address, occupation, and other analogous information about the victim. It
is important that this general information be recorded. The object of this is for the
investigator to easily locate the victim/complainant during court trials if the case
is filed in the court.
i. On the second page of the blotter form, the facts of the incidents should be narrated
by the complainant. It contains a narrative requirement that at the end of the
narration of every incident, the Duty Officer who recorded shall be place his/her
signature and of the complainant certifying the correctness of the narration.
Likewise, the last line of the paper should indicate that nothing follows.
j. After the form is authenticated, an Incident Record transaction Receipt, cut form
the lower end of the IRF, is given to the complainant who confirms that the
reporting person had completed a transaction with the police office concerned
and reported an incident.
k. For purposes of standardization, all stations should only maintain an official Police
blotter and an official police blotter IRF. As such, it is discouraged, and is
henceforth unauthorized, that logbook, notebook, or any materials be used.
l. Thereafter, it is the duty of the police officer who is in charge of the Police Blotter to
lodge the complaint to the proper investigator who will handle the case. The
investigator should interview the complainant on the nature of his complaint and
ensure that all entries therein are complete to prevent duplication and relieve the
complainant from repeating his narration.
m. Check the necessary documents in support of the complaint, if needed. If there
are documents submitted, the same shall be attached and will form part of the
IRF.
n. Make sure that all the information gathered is truthful and exact in its
documentation.
o. In the event that the complainant desires to amend or make supplemental of his
complaint, the investigator shall inform the officer-in-charge of the blotter to
make the necessary corrections and state therein that it amends or supplements
the previous report and shall place the signature both of the complainant and the
officer-in-charge of the blotter.

4. Procedures for recording Incident Report in the Police Blotter

a. The crime incident report recorded in the IRF, after the transaction with the
reporting person has concluded, shall be transcribed and entered into the police
blotter by the desk officer of the police station. For those police stations equipped
with the crime incident reporting system, popularly known as the e-blotter, the
designated crime registrar will likewise enter the record into the system.
b.Blotter entry reports serve as a permanent record of incidents, events, problems,
and so forth. There are many types of reports, each of which serves different
functions. A police blotter is used to keep people informed of activities within the
police jurisdiction. It is also used to compile statistical information, identify
problems in the community, or identify police training needs. These reports are
needed to facilitate investigations, prepare court case or defend case in court.
c. The narrative written in the IRF shall basically be record that shall be transcribed in
the Police blotter. While it is narrative form, it is prudent, however, to list down
some necessary information in the Police Blotter in itemized or outline form. This
shall answer the necessary requirements of the five W’s and one H.
d.The following questions should be answered as a guide to writing the report:
1. Who was involved?
2. When did it take place?
3. Where did it take place?
4. What happened?
5. Why did it happened?
6. How did it happen?
e. As soon as the incident is transcribed in the police blotter, the desk officer and the
reporting person shall sign the police blotter. It should be indicated under the
name and signature of the reporting person his address, home telephone
number, mobile phone number, and identification card presented. In the event
that the reporting person indicates that he does not want his contact details to be
recorded in a public record as the police blotter, by reason of privacy, the same
should not be recorded, as a matter of respect to the said person’s rights, but
indicated in IRF.
f. Any violation of this SOP shall be dealt with administratively as may be warranted
by evidence. All Unit commanders shall be included in the investigation under the
principle of command responsibility. If evidence further warrants, criminal
complaints shall also be filed against those who may have committed acts or
omissions contrary to the revised penal code or any special penal statutes.

Types of Police Records- the records management personnel is expected to familiarize


himself with different types of police records. The types of police records are: Case records,
Arrest and Booking records, identification Records, Administrative Records, Miscellaneous
Records.

a. Case Reports-these are records consisting of complaints or assignment sheets which


are considered as document source for analyzing crimes. These are the foundation
record of any police department, and written by the desk officer who makes the
complaint or assignment sheet. Case records are classified as Investigative reports,
technical reports, wanted person report, daily record of events.
Procedures for Filing Case Reports:
1. Felony reports, serious accident reports (including all investigation report),
and case report are filed periodically.
2. Minor disturbances like drunkenness and disorderly conduct does not
require extensive reporting.
3. Case reports will be filed according to case number, regardless of the type
of complaint, persons involved, or date of incidents.
4. Case numbers should appear on the daily bulletin or other control summary
to provide supervisory personnel with means of ensuring prompt
submission of reports.
b. Arrest and Booking Records- the completion of the arrest report is the responsibility
of arresting officer, as this report is a requirement for preparing arrest and booking
records. The arrest record is written in three (3) copies together with the booking
sheet. These copies are to be forwarded to: Central record unit )original copy), Fiscal
or Clerk of Court (second copy), and Fiscal or Clerk of Court with the complaint or other
supporting document (third copy)
Procedures for Filing Arrest Reports
1. Upon receiving the arrest notification, the dispatcher issue a case report
number and arrest number, he will then mark the dispatch form to show
that an arrest has been done.
2. The Report-review Officer reviews the dispatch information and data by
identifying and matching incoming cases and reports.
3. The Booking and detention officers will maintain an alphabetical jail
population or census files with all jail copies of arrest/booking reports and
other necessary forms and notices.
4. The booking and detention officers will maintain a local-count-date
suspense file containing copies of the report-control index cards.
5. For control purposes, the court liaison personnel will also maintain a
department-wide-court-appearance chart.
6. The detention officer should release on proper authority and obtain the
signature to whom the prisoner is released.
c. Identification Records- these are records of fingerprint identification which is done
in two (2) copies. The first copy is filed in the central record of the police station, and
the second copy is forwarded to the headquarters of the National Bureau of
Investigation. Identification record is classified as follows: Personal records,
Correspondence Files, Memoranda, Orders, Policy Files and Assignment Record.
d. Miscellaneous Records- these are records that are not necessarily related to any
complaints. Below are the examples of these records:
1. Records from the Immigration Commission
2. Records of City, Municipal, and Barangay Officials
3. Records of Organizations like Unions, Cooperatives, Social Groups and
Religious Sectors.
4. Records of army camps and centers
5. Records of Ordinance and laws
6. Records of Private Security Agencies
1. Police Records Management- police records pertain to all written materials such as
books, papers, maps, photographs, documentaries, that in ways are written or received
by any law enforcement agency that serve its legal purposes (Agsalda, 2007). It is
essential that agency should have a clear knowledge on how to manage records
properly. Examples of police records that should be managed properly are: Agreements,
Documents, all forms of Police reports, Police Blotters, Logbooks, Transcripts, Arrest
Book, Press Release, and Traffic records. The Police Records Administrative
Management Operations is responsible with the creation, protection, retrieval,
preservation, and retention of records and information.
2. Supervision of Reports- the records supervisory personnel needs to adhere to the
following standards: Assure good reports, set up good recording standards so that all
will know what is expected of them, set up a system of spot-checking to ensure that
corrections are being made to assure uniformity, protect the reputation of the
department and its offices.
Furthermore, the supervisory personnel may use the Ticker system which is a 3x5
index card showing basic data, dates, etc. and to whom it was assigned. The card is filed
behind the officer’s name in the card index box. This system also assures a regular check on
each pending case. He may also utilize the Assignment record which shows the cases
assigned to each officer, and should include record of reports submitted. All reports should
be read and signed by the supervisory official, and that no report can be filed until approved
by the supervisor.
3. Duties of Record Element Personnel- the records personnel who are assigned in
identification have certain task in the completion of arrest, booking and filing. Below
are the specific duties of these personnel:
a. They are responsible in issuing a central booking number of request.
b. They complete the Central Booking Register with all the required information.
c. They identify prior departmental arrest and conduct a wanted check for all
names or aliases used by the arrestee after the completion and approval of the
register entry.
d. They notify immediately the appropriate detention officer if a “stop order”,
‘wanted card” of “detainee” for another agency is found of the subject.
e. They prepare a new criminal history record for every arrested person with no
prior record on file by noting current case information. In instances where a
criminal history record is already on file should be updated.
f. They notify the communication center for every cancellation of wanted or
missing persons message, also with the apprehension of such person, or the
receipt of wanted messages concerning suspected persons to be in or near the
jurisdiction.
g. They maintain personal identification files like: Photographic file, crime scene
photographic file, wanted and missing person’s file and warrant file.
4. The Decimal System of Reports- the decimal system of reporting is the basic
numbering systems which entire major files is identified with. There are three basic
numbering system, they are follows:
a. Case Reports Number- this is the control number assigned by the dispatchers for
all police reports like traffic accidents, crimes, and non-criminal situations. Case
report numbers are important because of the following reasons: it aids in the
speedy and official recording of cases, it lessens discrepancies in the original
request; time of occurrence and notification of the police ; it helps ensure the exact
matches of sequence of case numbers with the order of cases brought to the
police; and it helps the external audit control in avoiding unreported, lost or
misfiled cases.
b.Arrest report number- this is the number issued to arrested and booked persons
who committed criminal offenses or traffic violations. However this is not issued
to persons who commit minor offenses, or those who just go to the station to post
bond. Case report number is also termed as central booking number issued by the
dispatcher, or arrest and personal identification unit through the dispatchers.
After the duty officer write the arrest report, he will assign the arrest number as
well as the case number of the rep[ort. A new arrest number will be assigned to a
person each time he is arrested.
c. Identification Numbers- this is the number issued by those assigned in the arrest
and personal identification service detail. This number is given once to an arrested
person when he is fingerprinted and photographed.
5. Standard Police Record Procedures and Filing System- proper filing of records is very
important because it helps in the preservation of documents, and more specifically on
the preservation of criminal records which will be used for future references. Below are
the standard police record procedures and filing system:
a. Permanent written record shall be made of each crime immediately upon receipt
of the complaint.
b. Proper control shall be made upon the receipt of a complaint to ensure that it is
promptly recorded and accurately tabulated.
c. Investigative report shall be rendered in each case showing the details of the
offense as alleged by the complainant and as disclosed by the police
investigation, effective follow up system shall be adopted to ensure that all
reports are promptly submitted in all cases.
d. All reports shall be checked to see that the crime classification conforms to the
classification of the offense.
e. The offense or complaint report on crime cleared by arrest shall be noted as
cleared.
f. Arrest records shall be complete, and special care is being taken to show the final
disposition of all charges.
g. All records shall be centralized.
h. Records and statistical reports shall be closely supervised by the Station
Commander.
i. Periodic inspection shall be made to see the rules and regulations of the local
agency relative to records creation and maintenance are strictly complied with.
j. Statistical records shall conform in all aspects to the uniform crime reporting
standards and regulations.
6. Philippine National Police Uniform Crime Periodic Reporting- to promote
consistency in the recording of crime incidence, these guidelines prescribe a uniform
procedure for the Philippine National Police in reporting and collecting crime data
including cases reported to other law enforcement agencies involved in the Criminal
Justice System. Further, these data shall be the working basis for policies and programs
on various anti-criminality measures.

For the past years, generating statistical crime date on various crimes committed in the
regions/provinces has been growing concern of the Philippine National Police (PNP). To
address this issue, two (2) mechanisms were in place such as: The National Crime Reporting
System (NCRS), which is concerned more with the details of the crime, to wit; victim’s data,
offender’s data, among others, while crime statistics gathered through the Police Regional
office Periodic Report (PROPER) is mainly concerned simply with WHAT HAPPENED,
WHERE, TO WHOM, WGY and the results of investigation.
The PNP, as the premier law enforcement agency, needs an accurate statistical
crime data for both administrative and operational decisions. The data gathered from the
regions/provinces play an important role to the PNP’s overall assessment of crime trends and
for determining the pattern of crime activity in the country. If the problem on
gathering/generating the crime situation is not properly addressed, the PNP cannot present
an accurate situation of the country.
The following procedures shall prescribe the guidelines in the conduct of Crime
Reporting for purposes of obtaining an accurate data for interpretation.

1. The adoption of consistent and accurate crime recording standard shall require the
unconditional commitment of the Chiefs of Police, Provincial/District/City and the
Regional Directors. The IDM Officers shall continuously ensure that the crime
recording is clearly articulated of such system are understood.
2. All line units should seek to gather, collate and record all crime-related incidents so as
to establish an accurate and timely picture of what is happening locally.
3. The police blotter shall serve as the main source of crime data fro submission and shall
be the basis for preparing and accomplishing the Unit Periodic Report and NCRS
Form 1.
4. Crime date from other stakeholders and law enforcement agencies shall be recorded
into the police blotter.
5. It is envisioned that all future incidents and crime recording systems should be fully
integrated or at least linked to facilitate tracking and audit between the systems.
6. The Chief of Police must ensure that crime data are gathered from sources such as:
Barangay, NBI, PDEA, BFAR, DENR, DSWD, BUCUS, BI and other agencies with law
enforcement functions in the locality.
7. Unit commanders shall appoint a crime register who shall be responsible
consolidating and maintaining crime data files of each unit to ensure consistency and
continuity.
8. The Chief of Police is primarily responsible for the maintenance of accurate crime
data. Accuracy and integrity of crime recording process must be ensured by the chief
of Investigation Section and Crime registrar.

Procedures
1. Recording
a. Incident Reports
As a general rule, all crime incidents, whether reported by the victims, witnesses or third
parties must be recorded in the police blotter, even under the following circumstances:
a.1 when the offender is ill and is unlikely to recover or is too senile or too mentally disturbed
for proceedings to take place.
a.2 When the complainant or an essential witness is dead and the proceedings cannot be
pursued.
a.3 When the victim or an essential witness refuses, or is permanently unable to stand as a
witness; and
a.4 The victim or complaint or witness are minor

2. Counting Mechanism
The following rules shall apply in the counting of crime incidents:

a. Murder cases (Art. 248, RPC) shall include those that were consummated only.
Infanticide (Art. 255, RPC) and Parricide (Art. 246, PRC) cases shall be counted as
murder case. Killings perpetrated by insurgents and/or terrorists must be included.
Attempted and Frustrated cases of murder, infanticide and parricide are counted as
physical injury cases if indeed the victim(s) was injured. Otherwise, these cases shall
be counted as non-index crimes.
b. Homicide- (Art. 249, RPC). Similarly, only consummated homicide cases are to be
counted. Attempted and Frustrated homicide cases which result to injuries to the
victim(s) are counted as physical injury cases. Otherwise, these cases shall be
counted as non-index crimes.
c. Serious and Less Serious Physical Injuries- (Art. 263, 264 and 265, RPC). In addition to
actual physical injury cases, incidents perpetrated by/or involving
insurgents/terrorists which resulted to the wounding of the victim(s) must also be
counted.
d. Robbery- (Art. 293, RPC). Only consummated robbery cases and robbery in band are
to be counted.
e. Carnapping- (RA 6539) – Only consummated carnapping cases are to be recorded.
f. Cattle Rustling (PD 533)- Only consummated cases shall be recorded.
g. Theft (Art 308, RPC)- Only consummated theft cases are to be counted.
h. Rape (Art. 335, RPC and RA 8353). Only consummated and statutory rapes shall be
included.
i. Suicide shall not be counted as crime.
j. For compound and complex crimes, only the most serious offense should be
counted. (Principal crime rule)
k. The reported incident shall be counted as a crime after validation by the investigation
officer that there is such an incident constituting a crime.
l. Infractions involving violations of provincial/city/municipal and barangay ordinances
shall not be counted.
m. Violations of the Revised Penal Code and Special Laws which are to be settled at the
Barangay (Under PD 1508 as amended by local government code of 1991 and
Supreme Court administrative circular no. 14-93) shall be recorded separately.
n. Crime incident/s under RA 9344 or the Juvenile Justice Act where absolute
confidentially of the parties and the documents are provided shall be recorded. Data
from local DSWD office shall be collated.
o. For purposes of generating separate statistics of all offenses arising from violations
of traffic rules and regulations, the traffic investigation section/division shall assume
responsibility in recording all traffic offenses and submit the same to the crime
registrar for data integration in the crime statistics.

3. Crime registrar (CR)


To ensure that a consistent crime recording standard is maintained within the PNP,
each unit shall appoint a crime registrar. The registrar shall ensure the proper
accomplishment of NCRS form-1 in accordance to NAPOLCOM resolution 92-39.

4. What to Report/ Submit


All PNP units must submit their Unit Crime periodic Report (UCPER) with
corresponding analysis, interpretation and complete attachment as required in the original
PROPER. The said report shall be accomplished by the reporting unit as stated below to be
submitted on the dates indicated in these guidelines.

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