FORENSIC SCIENCE & CDI that I actually sensitive to light) of the sensitized
material. Too great in the amount of light will
FORENSIC SCIENCE
Photography- is an art or science which deals
with the reproduction of images through the
action of light, upon sensitized materials, with
the aid of a camera and its accessories, and the
chemical processes involved therein.
Police Photography- is an art or science which
deals with the study of the principles of
photography, the preparation of photographic
evidence, and its application to police work.
Forensic Photography- is the art or science of
photographically documenting a crime scene and
evidence for laboratory examination and
analysis for purposes of court trial.
Photograph- A mechanical and chemical result
of photography.
PRINCIPLES OF PHOTOGRAPHY
A photograph is the mechanical and
chemical result of photography. To produce a
photograph light is needed aside from light
sensitized material (film or paper). The light
reflected or radiated by the subject must reach
the sensitized material while all other lights must
be excluded. The exclusion of all other light is
achieved by placing the sensitized material
inside a light tight box (camera).
The light mentioned may be visible or
invisible. Visible lights are those light that can
be detected by our naked eye. Invisible lights
refer to the radiation that is either too short or
too long in wavelength to excite the retina of the
eye.
The effect of light on sensitized material
is not visible in the formation of images of
objects. The effect could be made visible with
the aid of chemical processing of the exposed
sensitized material called Development. The
visual effect of light on sensitized material after
development varies with the quantity and quality
of light that reach the emulsion (part of the film
give an opaque of a very black shade after
development. The amount of light reaching the
emulsion is regulated by With regards on which
of the two was right, well “there’s a room for
everything”. It only means that there are
photographic works that needs “Pictorial
Photography”, and still there are those that need
“Straight Photography”. One best example
where Straight Photography can be applied, are
those involving Police Investigative Work. In
photographing a crime scene, it is very
important that each and every details of the
scene that has something to do with the
commission of the offense should be accurately
photographed through a sharp and realistic
approach. This is done to preserve, the exact and
natural condition of the crime scene as well as
the evidences that might play a significant role
in solving a certain crime incident. For
identification purposes, Straight Photography is
also required. This is to have a sharp image on
physical as well as facial features of the subject
that lead to his/her identity, such as moles, scars,
and other individual features of the subject’s
physical appearance.
Photography in its technical aspect is
defined as the art or science which deals with the
reproduction of images through the action of
Light on Sensitized Material, with the aid of
image forming device known as Camera and the
Chemical process involved therein. Photography
comes from two Greek words Photos, which
means “Light” and Graphy, which means to
“Draw”. Literally speaking, Photography means,
it is a process of drawing with the aid of light.
The Sensitized Material serves as the “paper”,
where the subject’s image is being transferred by
means of “Light” that serves as the drawing
instrument.
1
 HISTORICAL DEVELOPMENTS
The first cameras were not made to take
pictures or even record images of an object. A
Dark Room with a tiny hole in the ceiling was
the first considered camera. The tiny hole in the
ceiling was devised by fifth century Chinese, for
them to view the first photographic subject of
that time, the Solar Eclipse. These were done in
order to view the eclipses indirectly so the
viewer wouldn’t suffer eye damages.
Later, the hole in the ceiling would be
move on one of the walls in the dark room. The
tiny hole projected an image on what was
outside the daylight, onto a white surface on the
opposite wall, where people in the room could
view it. But the image produced weren’t very
bright and sharp. And the most difficult part is
that the image is upside down.
Thousand years have passed, before this
was followed by another development. In 1500’s
and 1600’s, Europeans get serious about it and
made several advances. The camera was given
an impressive scholarly sounding. Latin name:
“Camera Obscura” (this exotic terms simply
means darkroom). Soon devices were designed
to duplicate the effects of the dark room on a
smaller scale, that later transformed darkroom
into a “Dark box”, adding the benefits of
portability. But still the images were dim. So
they make the hole even bigger to admit more
lights and make the image brighter but it
becomes fuzzier. So this was replaced with a
lens. The lens has a bigger opening to brighter
the image of the object at the same time
becomes sharp because the lens focuses the light
on the opposite wall of the dark box.
At this point the camera is already
portable and produced reasonable sharp and
bright image. From this, another problem arise.
It becomes hard for the viewer to view the
images formed in the little dark box. So mirror
was placed with a ground glass viewing screen.
Now the user could not only view the projected
image on the ground glass, but also could put a
sheet of tracing paper on the ground glass, and
trace the image recording it for all to enjoy.
In 1727, a German doctor named Johann
Schulze made the discovery that sunlight would
blacken chalk that had been treated with a
solution of Silver Nitrate. His discovery led to
the development of film and become a basic of
modern photography that lights effects certain
silver compounds.
It takes another 200 years, before a light
sensitive material to permanently record the
images that the camera produced. In 1816, a
Frenchman named Joseph Nicephore Niepce,
put some of this new light sensitive material
inside the light tight box. The light sensitized
material was made up of papers sensitized with,
Silver Chloride Solution. Incidentally, early
films weren’t sensitive to light. The first
exposure with Niepce camera took “eight
hours”. Since then photographic camera was
born.
In 1839, Sir John F.W. Herchel, coins
the word “photography”, and point out that the
image can be made permanent by dissolving
away unexposed silver compounds with a
solution of Hypo sulfite of Soda (Hypo or
Sodium Thiosulfate) which he had discovered in
1819. At the same year on August 19, another
French man Louis Jacques Mande Daguerre
produced the “Daguerreo Type”, the first
commonly use photographic was given to the
world. Exposures are uncomfortably long for
portraiture, but the images are made permanent
by the use of Hypo. It gained an immediate
worldwide success because of the precision of
details it produced.
2
 While in 1841, an Englishman Henry
Fox Talbot patents the “Calotype” process, he
process negatives on paper sensitized with Silver
Iodide and Silver Nitrate. These were contact on
sensitized paper. But as to the tone and resolving
power, the Daguerreo type was better. In 1847,
Abel Niepce de Saint – Victor, nephew of
Joseph Niepce, coated a glass plate with
albumen (the white of an egg) which held the
chemical fast. An English Chemist Frederick
Scott Archer, introduced in 1851 the wet
collodian process to hold the silver compounds
on glass which results in a much faster reaction
of light. The process requires that the glass plate
be first coated before it is loaded into the
camera. Then the plate had to be exposed. From
Scotland on 1861, James Clark Maxwell made a
research about color perception and three color
separation of light. In 1870, Gelatin – based dry
emulsion began to replace the wet collodian
plates. While in 1887, William Abney, an
English Photo – Chemist gave practical
directions for manufacturing emulsions. He
invented copper bromide – silver nitrate
intensifications. In 1880 he introduced
hydroquinone as a developer. Of the same year
(1880), enter Mr. Kodak (whose name really
was Mr. George Eastman, he use this name
because he loves the sound of it). He gave us
“Flexible Roll Films” and the Day - Light
Loadable Camera.
Meanwhile in 1930, the development of
Electronic Flash was introduced by Dr. Harold
Edgerton (Massachusetts Institute of
Technology). This is one of the most important
developments in photography. In 1935,
Kodachrome Slide Film was finally introduced
and became the first popular and affordable
color film. Color – negative film was also used
in 1940. An American scientist Edwin Howard
Land, develops in 1947 the instant film and
Polaroid Land Camera. In just a matter of
second, image are readily formed in an instant
film after shoot has been made.
In 1960, laser which is otherwise known as
Coherent Light was invented making
“Holography” possible.
KINDS OF PHOTOGRAPHY AND ITS
SIGNIFICANCE AS APPLIED TO LAW
ENFORCEMENT
1. Photomicrography - The art of
photographing minute objects when magnified
by means of a microscope and enlarged from 10
times and up.
- It is used usually in question documents and
Firearm Identification.
2. Photomicrography - Type of photography
that directly enlarged on the negative and
magnified from one to nine times.
Camera with Macro Lens
3. Microphotography - The process of reducing
big objects or things of minute objects.
4. Crime Scene Photography - Deals with the
photographing the scene of the crime or details
of perpetuated crime
5. Surveillance Photography - Deals with
photographing individuals without his
knowledge, such as the same in clandestine
photography.
6. Infrared Photography - deals with the
photographing of objects visible, divisible, and
invisible even with haze.
7. Ultra-Violet Photography - deals with the
photographing objects or markings which are
invisible using reflected or fluorescent.
8. X-Ray Photography - deals with
photographing hidden objects or things.
9. Traffic Accident Photography - deals with
the photographing especially in a vehicular
accident.
10. Investigative Photography - deals with the
study of the concept of photography, its
application to law enforcement or investigation
3
process and the preparation of photographic
evidence for court presentation.
11. Mug-shot Photography- Deals with the
study of photographing individuals for
identification purposes.
12. Thermo photography - A kind of photo
where we use laser beam radiation using laser
beam film.
13. Aerial photography-A kind of photography
applied for photo mapping. Taking a photograph
above the subject.
14. Underwater photography - photographing
things under water.
15. Fingerprint Photography - Deals with the
application of macro-photography so as to
produces an enlargement of finger print for
comparison
16. Firearm Identification photography -
Deals with the photographing of firearm shells
and bullets. It is also where photomicrography is
applied
17. Question Document photography- process
of photographing document for purposes of
examination and as a substitute for duplicate
copy when original is lost and the purpose of
duplicate photograph is to establish the contents
of the lost original document.
18. Arson and Questionable Fire photography
- It is the willful and malicious burning of
property, usually a building or dwelling unit
DIFFERENT PHOTOGRAPHIC RAYS
AND ITS CHARACTERISTICS
Light-is one of number of known form of
radiant electromagnetic energy which travels in
wave motion. Actually, there are other theories
that explain the behavior of light but for one
purpose, the Wave theory is the only one
considered. This form of energy travels at speed
of about 188,000 miles per second in air, but
they differ in wavelength and frequency
WAVELENGHT-is the distance from crest
(highest point) to the wave of the next
succeeding crest.
FREQUENCY- is the number of waves passing
in a given point in one second.
THEORIES OF LIGHT
1. Wavelength Theory (James Maxwell)
The wavelength of light is the most pertinent,
particularly in the design of lenses. It is berated
by dropping of a stone in a pond of still water.
The series of which travels outward from the
center point are just from a source with equal
observes that travels in all direction
The theory maybe used to illustrate reflection,
Interference, refraction, on and polarization.
2. Quantum Theory
In 1900 Max Plank theorized that light might
be made up of little bundles of energy named
Quanta.
A quantum of light is called photon. When a
Photon strikes a light sensitive surface, it gives
energy of electrons within a metal explain the
photoelectric current. It is used to explain X-
radiation and photo electricity.
FOUR PHOTOGRAPHIC RAYS
1. X-ray-radiation having a wavelength
between 01 to 30 nanometer and mille-microns.
They are produced by passing an electric current
through a special type of vacuum tube
2. Ultra-violet rays-radiation having a
wavelength from 30 to 400 mill-microns. It is
used to photograph fingerprints on multi-colored
background, documents that are altered
chemically or over writings and detection of
secret writings.
3. Visible light rays or White light-rays having
a wavelength of 400 to 700 mille-microns
4. Infra-red rays- radiation having a
wavelength of 700 to 1000 mille-microns. It is
used in taking photographs of obliterated
writing, burnt or dirty documents or blackout
photography.
4
CAMERA – Defined as a light tight box, with a means
of forming the image (lens), with a means of holding a
sensitized materials (film holder), and with a means of MAJOR TYPES OF CAMERA
controlling the amount of light that will reach the 1. View Finder type – the smallest and the simplest
film. type of camera.
ESSENTIAL PARTS OF A CAMERA 2. Single Lens Reflex type – comes to existence
with a mirror behind the taking lens, the image of the
Body or Light tight box – this part of the objects are reflected to the viewer and it enables the
camera is very essential because of its capability to photographer to compose and focus the objects being
exclude all unwanted light that might expose the photograph.
film. 3. Twin Lens Reflex type- Basically, the twin lens
Lens – the one responsible in focusing the rays of reflex camera has two lenses, one for the viewing and
light coming from the subject. focusing of the objects and the other is the taking lens.
Film Holder – holds the film firmly inside the 4. View or Press Camera type- the biggest and
camera. the most sophisticated among the different types of
Shutter – serve as the barrier of the rays of light that cameras.
will enter and affect the film inside the camera.
coverage that can be recorded in the film inside CHEMICAL PROCESSING AND
PHOTOGRAPHIC PRINTING
the camera.
Viewing system – show the entire scene Chemical Processing
coverage that can be recorded in the film After the exposure of the film to light in the
inside the camera. picture taking or the photographic paper during
printing, the next step would generally be
OTHER PARTS OF A CAMERA chemical processing. In black and white
1. Shutter Speed – control the duration between theprocessing, the steps are development, stop-bath,
opening and closing of the shutter. It will regulateand fixation. In color processing, the steps are
the quantity of light that will reach and affect thecolor development, stop fix and stabilizer.
film.
2. Lens aperture – the ratio between the diameter STAGES OF CHEMICAL PROCESSING
and the focal length of the lens. It is the light gathering 1. Development- is the process by which an
power of the lens. The rays of light passing through theinvisible latent image in an emulsion is made
lens aperture can be controlled by its opening. visible. In black and white emulsion, the image
3. Focusing Mechanism - the sharpness oris composed of grains of black metallic silver. In
clearness of the object being photograph will dependa color emulsions, the developed silver is
upon the focusing system of the camera. It will estimatereplaced with cyan, yellow, and magenta dye.
the object distance from the camera and formed a sharp In the development, a developing agent
or clear image in the photographs. chemically breaks down or reduces exposed
4. Film advancer – It is necessary so that thesilver halide crystals to form grains of metallic
exposed film can be transferred to the take up spool andsilver. This process of reaction is the same in
the unexposed film will be on the opposite side of theboth black and white films and photographic
lens for another exposure papers
2. Stop-bath- it halts the developer action in
appropriate moment. It also prevents the

5
contamination of the developer and fixer from
each other.
3. Fixation- a fixer makes the developed image
Permanent when it is followed by a through
washing. In this processing stage, the unexposed
underdeveloped silver halides crystals are
dissolved and removed from the emulsion of the
DARK ROOM PHOTOGRAPHY
Darkroom-A light tight room used for
developing film making contact print and
enlargement.
-A room protected from rays of light harmful to
sensitized materials, plates and papers.
A Darkroom is used to process photographic
film, to make prints and to carry out other
associated tasks. It is a room that can be made
completely dark to allow the processing of the
light-sensitive photographic materials, including
film and photographic paper.
TWO DISTINCT SIDES:
1. Dry Side-Enlarger side and materials that
must be kept away from water.
2 Wet Side-processing areas, chemical, stock
solutions, trays and other materials.
CHEMICAL PROCESSES:
Developing process of film-the latent image
becomes permanent and visible in a reverse way
thus producing a negative.
Developing process of photo paper-the
permanent and visible image produces positive
print, image or photographs.
Two Factors to be considered in developing
process:
1. Density-is the degree of darkness of the
image developed - too dark or to light.
2. Contrast-is the different of tone from
another.
Factors that affect chemical development of
the sensitized material:
1. Concentration or strength of the working
solution-used mixture procedure by
manufacturers.
2. Time of development
3. Temperature of chemical involved in the
development process.
4. Agitation of the sensitized material during
development
CHEMICAL PROCESSING:
1. Stop-bath-it is an intermediate bath
between development and fixer To prevent
contamination of the chemical
2. Development-processes of reduction,
exposed silver halides and reduced into metallic
silver,
3. Fixation-the process of removing unexposed
silver halides remaining in the emulsion after the
first stage of development of the latent image.
4. Washing-use of running water.
5. The application "Wetting Agent"/Photo-
flo/Foto-glo-to prevent watermark and easier to
dry.
6. Drying-
CHEMICAL COMPOSITION OF
DEVELOPER
1 .Reducers or developing agents - Elon,
Hydroquinone
2. Preservative-sodium sulfite
3. Accelerator-sodium carbonate
4 Restrainer or fog preventer-potassium
bromide
CHEMICAL COMPONENT OF A FIXER:
1. Dissolving Agent-Hypo or sodium
thiosulphite
2. Preservative-Sodium sulphite
3. Neutralizer-boric and acetic acid
4. Hardener-Potassium alum.
TWO SYSTEMS OF FILM DEVELOPING:
1. Repeated use system-after each development
the solution is poured in a container for use
again.
2. One shot system after development the
solution is poured into the sink.
6

PHOTOGRAPHIC PRINTING
PRINTING PROCESS
1. Printmaking - the final stage in making
photographs.
2. Enlarger - It is a machine used in making
enlargement.
-is a specialized transparency used to produce
prints from film or glass, or from film or glass
negatives, or from transparencies.
3. Contact Printing - photograph is made
through direct negative and paper contact.
FACTORS TO CONSIDER IN SELECTING
NEGATIVE:
1. Sharpness
2. Density
3. Contrast
GENERAL TYPES OF PHOTOGRAPHIC
PRINTING
1. Contact Printing
➤ The procedure of exposing photographic print
materials while it is pressed in contact with the
negative being reproduced.
> When the photograph is made through direct
negative and paper contact, this process is
knows as contact printing.
<This is the simplest and the most economical
method of photographic printing
> In terms of print quality, it can surpass
enlargement in tonality because there is no
scattering of image forming lights as these can
be projected beams of an enlarger.
➤ It usually looks sharper because there is no
lens on the printing system to add its aberrations
in the print process and also because details that
may be slightly out of focus are not enlarged so
the unharness is not apparent
2. Projection Printing or Enlarging
This is the type of printing where the image in a
negative is optically or enlarged onto a print
material for exposure to produce a picture
image. The main equipment used is the enlarger.
ENLARGER PARTS AND FUNCTIONS:
1. Enlarger Head-the main working part of
enlarger contains: Light, condenser, lens,
negative holder, the lens itself,
2. Lamp-light that passes through the negative
that exposed photo paper.
3. Condenser Lens-lens that spread the light
coming from the lamp of the enlarger.
4. Negative carrier-hold the negative flat and
level.
5. Lens Aperture - the opening of the lens that
controls rays of light passing through it.
6. Lens-it is the one responsible in forming the
image coming from the negative.
7. Focusing Mechanism - It moves the lens up
and down to focus the projected image
8. Enlarger Column-it is the holder of the
enlarger rated and commonly serves as a rall in
controlling the height of enlarger head.
9. Elevating Control Knob-control size of
image by raising or lowering the enlarger head.
10. Base Board-the support of the entire unit of
the enlarger.
FOUR GENERAL TYPES OF PRINTING
1. Letterpress or Relief Printing. This process,
used for many years in printing and publication,
involves the creation of images, often letters or
pictures that are raised above a background or
non-printing area. Ink is applied to the raised
area, which is then placed into contact with the
paper or other substrate which accepts the
image.
2. Intaglio or Gravure Printing. In intaglio or
printing process recessed into the face of an
engraved plate or cylinder. The plate or cylinder
is bathed in ink.
Other substrate. In many instances, this step will
involve transfer to an intermediate surface,
7
known as the blanket, which will later be placed
against the paper or other substrate. This transfer
process is called offset printing, which is widely
used for many printing, publication and
packaging applications.
3. Planographic or Lithography Printing-
Dissimilar materials form the basis for
planographic or lithographic printing. By using
dissimilar materials, areas can be developed that
are water receptive or water repelling (ie,
receptive to solvent ink). The solvent ink-
receptive area will carry the image, while the
water-receptive area will become the
background or unprinted area. Thus, ink adheres
only in specific areas for transfer to the paper or
4. Porous or Screen Printing. Porous or screen
printing uses a stencil placed over a fine mesh
screen. The ink is applied to the open screen
areas and pressed (squeezed) over the stencil and
open mesh area. Typical use of this printing
process is for textiles, posters, displays and
wallpaper.
STEPS OF THE PRINTING PROCESS
Each printing process is divided into
prepress, press, and post-press steps.
1. Prepress operations encompass steps during
which the idea for a printed image is converted
into an image carrier such as a plate, cylinder, or
screen. Prepress operations include composition
and typesetting, graphic arts photography, image
assembly, and image carrier preparation.
2. Press refers to actual printing operations.
3. Post-press primary involves the assembly of
printed materials and consists of binding and
finishing operations
CRIME SCENE PHOTOGRAPHY
In modern scientific crime detection,
photography is needed as an excellent ald of the
investigator. The investigator could not just rely
on his memories and therefore need an artificial
recorder for him to remember all things and
facts that he had investigated. Aside from the
notes of the investigator, he needs a camera
because there are things which require accurate
descriptions of subjects or objects being
investigated, hence photographs will serve the
purpose.
The first application of photography in law
enforcement was confined to the problems of
personal identification. The photographs of the
criminal was taken and used to supplement the
classification made under the Bertillon system of
personal identification.
PHOTOGRAPHING THE CRIME SCENE
There must be a series of photographs of
the crime scene to supply the maximum
information and to enable the Viewer to
understand how the crime was committed,
KINDS OF PHOTOGRAPHS TO BE
TAKEN AT THE SCENE OF THE CRIME
 Over-all/ Over view Photographs
 Photographs of the Deceased
 Photographs of Articles of Evidence
 Special Techniques
 Photograph of the environs
 Photograph of the body after removal
 Photographing the body after removal
for identification of the victim
SOP'S IN GRIME SCENE PHPLOGRAPHY
 Obtain photographs of the one sane nearly
negation preferably before anything has
been moved.
 Photograph from several angles so that
proper dimensions maybe shown .
 When dimensions are important, use sort of
scale Inter) in the photography so that
enlargement or reduction maybe measured.
 Records on your note date concerning the
photographs including directions and
distances from the principle object in the
scene, Sketches maybe helpful also.
 For special equipment call on the laboratory
8
 PHOTOGRAPHY PROCEDURES AT THE
CRIME SCENE
1. General Overview or long range view
Include photos leading up to the crime scene (ex,
from exterior to Interior of a structure and also
include the entrance exit(s). The purpose of the
overview photograph is to show the scene
exactly as it was when you first saw it.
2. Medium view or mid-range view-Shows
relationships between evidence. Relationship of
internal structure.
3. Close-up view
4. Extreme close up
GUIDELINES IN TAKING
PHOTOGRAPHS AT THE CRIME SCENE
1. Establish Shot
This is an overall view from extreme to
the other, it shows where we are, a busy
intersection, a far, a residential area, an airport, a
factory, or even at the middle of the jungle.
2. The Building
The next photograph should show the
building in which the crime was committed.
This shows whether it is a private home, a
factory, a small shop, a hotel, a garage, usually
two photographs will be needed of the front and
back of the building.
3. The Entrance
This is usually the door, but maybe a
window in a house breaking robbery. If there is
a gate and a door, take a photograph one for
each entrance.
4. The Hallway
The camera now shows us what we
would observe immediately after we enter the
building. It should show the location of the other
rooms or doors through which we must pass to
get to the room in which the crime was
committed.
5. The Room
This may be a bedroom, an office or a
bathroom. The most difficult problem is to
include the entire scene sometime like in a
building shot, two photographs from the
opposite corners will be enough. A wide lens is
used. However, the investigator's note should
also be carefully marked with the Information.
6. Close Up
The number and types of close-up
photographs will of course depend upon the kind
of crime. In general close up should be made on:
a. Object Attacked
This may be a person, safe cash box or a
display counter. The purpose of these pictures is
to show the amount and kind of damage, and the
method of attack
b. The Weapon or Tools Used
The photographer must be careful here
to show a reference point in every picture, it
shows which are right, left, up and down, north
and south, etc.
c. Significant Clues
These may be fingerprints, blood stains,
foot prints, skid marks; tool marks, broken glass,
or any other physical evidence, fingerprint in
particular case should be photographed after
dusting but before lifting.
TAKING PHOTOGRAPHS OF SPECIFIC
CRIME SCENE
Suicide by hanging
 Strangulation is the most common type
of suicide. But investigator must not
assume that the victim found hanging is
due to suicide.
 Photograph the subject at a distant at
four views, showing the full body, and
then move in close to show the knot, and
the bruises marks.
 Note: do not untie the knot, just cut it.
Suicide by Shooting
 Photographs both entrance and exit
wounds.
 In most case Exit wound is larger than
entrance wound.
9
  If possible, photograph close-up of the
wound in color to show various
discoloration.
 Take note of the color of the body
(discoloration).
 Usually, the hair surround the entrance
is singeing and the skin is burned to a
reddish or grayish-brown. If it is fired
from range of less than eight Inches,
black residue maybe evident.
Homicide Case
 When photographing the scene, the
Forensic photographer relates what he
has seen and defends before the court
during trial.
 Though photograph has to show the
manner by which the homicide
occurred, views the entrance and exit.
 He must to show whether there are any
evidence of struggle and try to show
what happen prior to the crime scene.
Obvious evidence such as cigarette
butts, blood stains or broken glass
should not be overlooked.
 The circumstance of death can be
illustrated by various views of the body.
Take close-up shots of the wounds,
bruises, weapon used and the place
where it was taken.
Photographing Corpse
 In photographing corpse on the scene,
several pictures of the conditions at the time
of discovery including the environment of
the corpse must be taken from various
photographic directions.
 Show the general condition of the corpse, if
as being deformed as a whole.
 When photographing the damage parts,
consider the range of photographing to the
damage part clearly, take close-up shots on
the several directions, if possible so as to
clarify their relation.
Robbery Case
 Photograph the general view of the crime
scene.
 The point of entry begins with a distant shot,
and works into.
 Take-close-up shots on the possible entry
and exit to include the pathways.
 Each room in house or a building which was
disturbed should be photograph.
 Take some shots of all furniture or articles
which show as evidence of being ransack.
 Determine the possible point of exit. Usually
burglar may leave something at the crime
scene especially when she is surprised by
someone, such as hat, gloves, and scarf or
cigarette butts, etc...
5. Sex Offenses
 The crime of rape may be taken as typical
type of offense. There must be a written
permission from the victim, the photograph
must be taken in the presence of their
parents or guardian or medico legal officer.
The indication of the victim's effort to resists
bruises and blue marks and evidence of the
presence of either or both parties at the
scene.
 To the VICTIM: Verify the head, neck
including marks and discoloration of the
body and genital, the conditions of
specifically affected parts, and the presence
of foreign hairs, fibers, and that maybe
stains. Bite marks wounds should be
photographed at twelve to 24 hours intervals
for the proceeding days.
 To the SUSPECT: the suspect's body may
show evidence of struggle, such as scratches
or bruises, foreign hairs that maybe
discovered by the physician. The garments
of the suspects may reveal blood stains,
semen, hair strands, etc.
5. Arson
 The photographer should be the first man to
arrive at the scene so that he will be able to
begin photographing the scene, before the
fire trucks arrive he should have his
10
 photographic equipment ready to start
shooting immediately.
 Be sure to photograph as many speculators
as you can. It is a common knowledge that
most or the arsonist get their kicks out of
watching the fire and maybe in the crowd.
 After the fire is extinguished, take interior
views of the scene from diagonally opposite
corners of the buildings. Also get up a high
ladder and take more photographs of the
ruins of the fire to show the entire extent of
fire.
ROAD/TRAFFIC ACCIDENTS
 Avoid unnecessary surroundings/objects that
are not pertinent to the case.
 "See through driver's eye". Photography
should be taken from the eye level of the
driver. If there are witnesses, photographs
should be taken at their level from the spot
where they have seen the incident.
 Shots should be taken from our points of the
compass and 25 feet from point of impact to
show the approach and terrain.
 Take close-up shots of the damage area in
two angles from a distance of 8 to 10 feet.
 Takes shots in order and properly noted at
the photographer notes so it will guide him
and the investigator how the accident
occurred.

11
 QUESTIONED DOCUMENT other matters in question. Usually a standard
EXAMINATION consists of the known handwriting of a person in
such a case, "standard" has the same meaning as
DOCUCUMENT- Any material containing
is understood by the word "specimen of
marks, symbols, or signs either visible, partially handwriting.
well that may vent or ultimately convey a
EXEMPLAR- A term used by some document
meaning to someone, maybe in the form of
examiners and attorney to characterize known
pencil, Ink writing or printing on paper. The material.
term "document" applies to writings, to words
HOLOGRAPHIC DOCUMENT Any
printed, lithographed, or photographed to or
document completely written and signed by one
plans to seals, plates, or oven stones on which
person, also known as a holograph, in a number
Inscriptions are cut of engraved. In its plural
of jurisdictions a holographic will can be
"documents" may mean deeds, agreements, title, probated without anyone having witnessed its
letters, receipts, and other written arguments
execution
used to prove a fact.
REFERENCE COLLECTION Material
Latin word "documentum".means lesson, or
compiled and organized by the document
example (in Medieval Latin instruction. Or
examiner to assist him in answering special
official paper), or
questions Reference collections of typewriting,
French word "docere" means to teach
check writing specimens. Inks, pens, pencils,
QUESTIONED- Any material which some
and papers are frequently maintained.
issue has been raised or which is under scrutiny
QUESTIONED DOCUMENT- One in which
PRINCIPLES OF QUESTIONED
the facts appearing therein may not be true, and
DOCUMENT EXAMINATION
are contested either in whole or part with respect
to its authenticity, identity, or origin. It may be a
deed, contract, will, election ballots, manage
contract, check, visas, and application form,
FORMS OF QUESTIONED
check writer certificates, etc.
DOCUMENT EXAMINATION
DISPUTED DOCUMENT- A term suggesting
that there is an argument of controversy over the
document, and strictly speaking this is true
meaning. In this text, as well as through prior
KINDS OF HANDWRITING
usage
IDENTIFICATION AND EXAMINATION
however, "disputed document and questioned
document are used interchangeably to signify a
document that is under special scrutiny.
STANDARD (STANDARD DOCUMENT)
WRITINGS AND SIGNATURE:
are condensed and compact sets of authentic
System of Writing – is the combination of the
specimens which, if adequate and proper should
basic shape and designs of letter and the writing
contain a cross section of the material from a
movement which was taught in school.
known source Copy book form – is an illustration of the basic
"Standard" in question documents
designs of letters that is fundamental to the
investigation we mean those things whose
writing system.
origins are known and can be proven and which
can be legally used as examples to compare with

12
Writing movement – refers to factors relative to
the motion of the pen such as, pressure, rhythm,
pen lifting, etc.
Writing – is the visible result of a very
complicated series of acts, being as a whole or a
combination of certain forms which are the very
visible result of mental and muscular habits
acquired by long continued painstaking effort.
Handwriting – is a visible effect of bodily
movement which is an almost unconscious
expressions of fixed muscular habits, reacting
from fixed mental impression of certain ideas
associated with script form.
Writing Habits – refers to any repeated
elements of once handwriting which serves as an
identifying characteristics.
Significant Writing Habits – elements of one’s
writing that are sufficiently unique and well-
fixed to serve as a strong basis of individuality.
Slant = refers to the relative degree of writing
inclination relative to the baseline.
Baseline = an imaginary or straight line in
which the writing rest.
TYPES OF HANDWRITINGS
1. Cursive – Writing in which the letters
are for the most part joined together.
2. Hand lettering – refers to writing
characterized by a disconnected style.
3. Natural Writing – a specimen of
writing that is executed normally and
without any attempt of altering its usual
writing habits.
4. Disguised – a specimen of writing
executed deliberately with an attempt of
changing its usual writing habits in the
hope of hiding one’s identity.
5. Guided/assisted – a specimen of
writing executed while the writer’s hand
is at steadied. Usually employed by
beginners in writing.
CHARACTERISTICS IN WRITING:
Characteristics – refers to any property, marks
or elements which distinguishes. Also referred
to as identifying details.
TYPES OF CHARACTERISTICS:
1. Class Characteristics – characteristics or
properties which are common or which can
be found in the specimen writing of other
person. Gross characteristics.
2. Individual Characteristics – characteristics
which are highly personal or peculiar. That
which is unlikely to occur in other’s
handwriting.
ELEMENTS OF FORMS IN WRITING:
1. Arc – the rounded inner part of an upper
curve, bend or crook,
2. Beard – is an introductory up and down
strokes found in some capital letters. Also
called as double hitch.
3. Blunt – is a part of a stroke characterized by
an abrupt beginning or end at which the pen
does not creates a diminishing strokes.
4. Buckle Knot is a horizontal or loop strokes
used to complete letters A, H, F and D.
5. Central Part – is the body of the
letter. Characterized by a small rounded or
circular strokes.
6. Ductus-link, Ductus-broken- refers to the
connection between letters, either joined or
disconnected.
7. Eyelet/ eyeloop – refers to small oblong
strokes.
8. Hitch – an introductory backward strokes
found in most capital letters and in some
small letters.
9. Hiatus = an obvious gap between letters.
10. Humps – is the outer portion of an upper
curve bend or crook, (see arc)
11. Knob – is a tiny pool of an ink at the
beginning or ending strokes.
12. Loop – is an oblong strokes
13
13. Stem/shank/staff – is considered as the
backbone of the letter characterized by a
long downward strokes
14. Initial/terminal Spur – a long running
initial or terminal strokes.
15. Through – refers to any garland form of a
letter strokes
16. Whirl – is the long upward strokes usually
found opposite the stem
Embellishments – added strokes that serves as
an ornamental or flourish to the design of the
letters. They considered unnecessary to the
legibility of the writing.
Diacritics = strokes added to complete certain
letters. They are necessary to the legibility of the
letters.
Writing Movement – refers to all factors
relative to the motion of the pen.
Line Quality – is the visible records in the
written strokes of the basic movements and
manner of holding instrument. It is derived from
a combination of factors, including writing skill,
speed, rhythm, freedom of movement, shading
and pen emphasis.
TYPES OF MOVEMENT:
1. Finger (used by beginners)
2. Hand (wrist serves as the point of pivotal &
of limited freedom)
3. Forearm (most skillful type of movement)
4. Whole arm (used for ornamental or large
writings)
ELEMENTS OF WRITING MOVEMENT
1. Pen pressure – is the average or
usual pressure applied in the
writing.
2. Pen Emphasis – is the act of
intermittently forcing the pen
against the paper surface with an
increase in speed.
3. Rhythm – is the harmonious or
balance recurrence of strokes or
impulses.
4. Skills – refers to the degree of
writer’s proficiency in writing
5. Speed – cannot be measured
precisely from the finished
handwriting but it can be interpreted
in broad term as to either fast, slow
or moderate.
6. Pen-lift – an interruption is strokes
caused by sudden removal of the
writing instrument from the paper
surface.
7. Shading – refers to the more
obvious increase in the width of the
letter strokes.
8. Pen Position – is the relative
location of the pen in relation to the
paper surface.
9. Pen scope – represents the reach of
the hand with the wrist at rest.
10. Retracing or retraced – is the
strokes which goes back over
another writing strokes that is
slightly to occur in other’s writing.
11. Retouching or patching – is a
stroke, which goes back over a
defective portion of a writing to
repair or correct an error.
FACTORS THAT AFFECTS WRITING
CHARACTERISTICS:
1. Natural Variations – is the usual or normal
deviation found in a repeated specimen of an
individual’s handwriting or in the product of
any typewriter.
2. Transitory Change – are meant to those
changes which only continue to exist while
the basic cause of the deterioration is still
affecting the writer, once the such cause has
been removed from the writer, the writing
will reverts in its normal form.
3. Tremor – is the weakening of the strokes
characterized by a wavering or shaky
strokes.
a. Genuine Tremor
14
 a.1. Weakness of sickness
a.2 Old age
a.3. Illiteracy (lack of skills)
b. Tremor of Fraud
4. Writing Conditions – refers to all
factors affecting the over-all quality of writing
such as the writer’s condition under which the
writing was prepared.
5. Writing instrument
a. Ball point pen (John Loud) consisting of
a ball bearing at the point of the pen.
b. Fountain pen (Lewis Watterman)
consisting of pen nib point.
c. Fiber pen (originally designed by
Hongkong)
INVESTIGATION AND DETAILED
EXAMINATION OF SIGNATURES
SIGNATURE- defined is the name of a person
written by him/her in a document as a sign of
acknowledgement. Or, it is a name or a mark
that a person puts at the end of a document to
attest that he is its author or that he ratifies its
contents.
SIGNIFICANT TERMS
1. CROSS MARK. Historically, many who
could not write signed with a cress mark or
crude х .This authenticating mark is still used
today by illiterates and if properly witnessed, it
can legally stand for a signature .Ballot marks
are also referred to as ones marks because of the
common practice of marking with an X.
2. EVIDENTIAL SIGNATURE - is not simply
a signature it is a signature, signed at a particular
time and place, under particular condition, while
the signer was at particular age, in a particular
physical and mental condition, using particular
implements, and with a particular reason and
purpose for recording his name
3. FRAUDULENT SIGNATURE- A forged
signature. It involves the writing of a name
signature by someone other than the person
himself, without his permission, often with some
degree of imitation.
4. FREEHAND SIGNATURE.-A fraudulent
signature that was executed purely by simulation
rather than by tracing the outline of a genuine
signature.
5. GUIDED SIGNATURE.-A signature that is
executed while the writer's hand or arm is
steadied in any way. Under the law of most
jurisdictions such a signature authenticates a
legal document provided it is shown that the
writer requested the assistance. Guided
signatures are most commonly written during a
serious illness or on a deathbed.
6. IMITATED SIGNATURE.-Synonymous
with freehand forgery.
7. MODEL SIGNATURE. A genuine signature
that has been used to prepare an imitated or
traced
8. THEORY OF COMPARISON The act of
setting two or more signatures in an inverted
position to weigh their identifying significance,
the reason being that those we fail to see under
normal comparison may readily be seen under
this theory.
THE EXAMINATION OF SIGNATURES IS
CONSIDERED A SPECIALIZED BRANCH
OF FOR THE FOLLOWING REASONS:
 A signature is a word most practiced by
many people and therefore most fluently
written.
 A signature is a means to identify a person
and have a great personal significance A
signature is written with little attention to
spelling and some other details
 A signature is a word written without
conscious thought about the mechanics of its
production and is written automatically.
 A signature is the only word the illiterate
can write with confidence.
15
 STYLES OR KINDS OF SIGNATURE
1. CONVENTIONAL SIGNATURE -Legible
or readable
2.HIGHLY INDIVIDUAL
(INDIVIDUALIZED) SIGNATURE Series of
intertwining strokes omamentation and
flourishes
TYPES OF SIGNATURES
A. FORMAL (aka. CONVENTIONAL or
COPYBOOK FORM) compile correct
signature for an important document such as
will.
B. INFORMAL (CURSORY) usually for
routine documents and personal correspondence
1. Personalized
2 Semi-personalized
C. CARELESS SCRIBBLE for the mail
carrier, delivery boy or the autograph collection
SUGGESTED STEPS IN THE
EXAMINATION OF SIGNATURE
STEP 1 Place the questioned and the standard
signatures in the juxta-position or side-by-side
for simultaneous viewing of the various
elements and characteristics
STEP 2 the first element to be considered is the
handwriting movement or the manner of
execution now, deliberate, rapid, etc.) The
fundamental difference existing between a
genuine signature and an almost perfect forgery
is in the manner of execution
STEP 3 Second elements to examine is the
quality of the line the presence or tremors,
smooth, Went or hesitation, Defect in Line
quality is only appreciated when simultaneous
viewing is made
STEP 4-Examine the beginning and ending
lines, they are very significant, determine
whether the appearance is blunt, club-shaped,
tapered or/vanishing
STEP 5 Design and structure of the letters
Determine as to roundness, smoothness,
angularity and direction. Each individual has at
different concept of letter design.
STEP 6-Look for the presence of retouching or
patching
STEP 7 Connecting strokes, slant, rasio, size,
lateral spacing
STEP 8- Do not rely so much in the similarity or
difference of the capital lifters for these are the
often changed according to the whom of the
writer.
DIFFERENT TECHNIQUES IN
EXAMINING OF QUESTIONED
DOCUMENTS IN RESTORING AND
DECIPHERING ALTERATIONS
DIFFERENT EQUIPMENT USED THE
QUESTIONED DOCUMENT
EXAMINATIONS IN IDENTIFYING AND
DIFFERENTIATING WRITING
CHARACTERISTICS
MAGNIFYING LENS
 Bank personnel and other people involved in
currency examinations usually use ordinary
hand-lens; the maximum-diameter-of-which
is four inches, and this appears big the wide
frame it has a magnifying power of two
times the original only.
 Magnifying lenses of five times or more
magnifying power, with built-in-lighting are
more useful
2. SHADOWGRAPH - pictorial image formed
by casting a shadow, usually of the hands, upon
a rightful surface or screen.
3. STEREOSCOPIC BINOCULAR
MICROSCOPE a tri dimensional (3D)
enlargements is possible
IT USE IN THE FOLLWING ASPECT:
 Discover the defects in stroke structure and
typewriting
 Discover overlapping of line
16
 Uneven distribution of ink on the film and a shutter device by which the
 Overwriting desired light is admitted to expose the film.
 An ink line crossing a fold
 Fraudulent addition and interlineation
 Erasures and pencil outline of forged
signatures
4. MEASURES AND TEST PLATES
(TRANSPARENT GLASS) - those used for
signatures and typewriting
5. TABLE LAMPS WITH ADJUSTABLE
SHADES (GOOSE NECK LAMPS) - used for
counter- lamination, needed as sidelight
examination wherein light is placed at a low-
angle in a position oblique to plane or document.
6. TRANSMITTED LIGHT GADGET-device
where light comes from beneath or behind glass
a document is placed.
7. ULTRA VIOLET LAMP this is usually
used in the deletion of counterfeits but can
actually be used to detect security features of
qualified documents.

Specimen under UV Light

8. INFRARED VIEWER-primarily used to
decipher writing in a charred document.
9. COMPARISON MICROSCOPE- similar to
that of the bullet comparison microscope. A kind
of microscope especially constructed as to
facilitate side by side strongly of microscopic
details.
10. VIDEO SPECTIRAL COMPARATOR
(VSC) - It is wed in the examination of masked
obliterated text, watermarks, visible
fluorescence paper fluorescence and oblique
illumination of Indented writing and embossing
features, intaglio script, It also detects-variation
in the infra-red characteristics of inks.
11. ELECTROSTATIC DETECTION
APPARATUS (ESDA) – detects
indentation/Indented writings. It records the
transparencies of any indentations
12 .CAMERA- Consists of a light tight box
designed to the photographic film. It is equipped
with-a-lens-system-by which the image is found

17
 FINGERPRINT
PRINCIPLES OF DACTYLOSCOPY
Dactyloscopy – (derived from the Latin words
Dactyl = finger and Skopien – to study or
examine) is the practical application of the
science of fingerprints.
Dactylography – is the scientific study of
fingerprint as a means of identification.
Dactylomancy – is the scientific study of
fingerprint for purposes of personality
interpretation.
Dermatoglyphics = is the science which deals
with the study of skin pattern. It is derived from
two Greek words, Derma which means Skin
and Glype which means Carve.
BASIC PRINCIPLES OF FINGERPRINT
1. Individuality
No two persons have the same
fingerprint (based on Statistic
Probability)
2. Infallibility
That fingerprint is a positive and reliable
means of identification. It cannot be
easily be forged.
3. Constancy or permanency
That the friction ridge once fully
developed its arrangement will remain
the same throughout man’s life.
Fingerprints
Is an impression design by the first joint
of the fingers and thumb on smooth surface
through the media of ink, sweat or any substance
capable of producing visibility
Phalange = is the skeletal finger covered with
friction skin. It is made up of three bones.
a. Basal or proximal phalange –
it is located at the base of the finger
nearest the palm.
b. Middle phalange = the next
and above the basal done.
c. Terminal phalange = the
particular bone covered with friction
skin, having all the different types
of fingerprint patterns and it is
located near the tip of the finger.
Friction Skin – is an epidermal hairless skin
found on the ventral or lower surface of the
hands and feet covered with ridges and
furrows.(Also called as Papillary skin).
COMPONENTS OF THE FRICTION SKIN
1. Ridge surface
a. Ridge – the elevated or hill like
structure/ the black lines with tiny white dots.
b. Furrow – the depressed or canal like
structure/ the white space between
ridges.
2. Sweat pores – the tiny opening/ the tiny
white dots.
3. Sweat duct – the passage way.
4. Sweat glands – the producers of sweat.
FUNDAMENTAL LAYERS OF THE
FRICTION SKIN
1. Epidermis – the outermost layer
a. Stratum Corneum,
b. Stratum mucosum
2. Dermis – the inner layer containing the
blood vessel, dermal papillae, various glands
and nerves.
PRINCIPLES IN THE FINGERPRINT
SYSTEM
1. PRINCIPLE OF INDIVIDUALITY
No two fingerprints are exactly alike. The
chances of two fingerprints being the same are
calculated to be 1 is to 64,000,000,000 which is
ten times the number of fingers existing in the
world.
18
 2. PRINCIPLE OF PERMANENCY
The configuration and details of individual
ridges remain constant and unchanging.
Fingerprints are formed in the fetus in the fourth
month of pregnancy. The finger may be
wounded or burned, but the whole pattern with
all its details reappear when the wound heals.
3. PRINCIPLE OF INFALLIBILITY
The science Fingerprint is an exact science and
considered to be the most reliable method of
personal Identification.
USES OF FINGERPRINTS
SOME OF THE USES OF
FINGERPRINTING INCLUDE:
1. Identification of criminals whose
fingerprints are found at the scene of the
crime;
2. Identification of fugitive through a
comparison of fingerprints;
3. Assistance to prosecutors in presenting
their cases in the light of defendants’
previous records;
4. Imposition of more equitable sentence
by the courts;
5. Furnishing identification data to
probation and parole officers and to
parole boards for their enlightenment in
decision making;
6. Exchanging of criminal-identifying
information with identification bureaus
of foreign countries in cases of mutual
interest;
7. Means of personal identification;
8. Recognition by the government of
honored dead;
9. Identification of unknown deceased;
10. Prevention of hospital mistakes in the
identification of infants;
11. Identification of persons suffering from
amnesia where fingerprints are on file;
12. Identification of missing person;
13. Personal identification of victims of
disaster works;
14. Identification of unconscious persons;
and
15. Licensing procedures for automobile,
firearms, aircraft and other equipment.
PRACTICAL USES OF FINGERPRINTS
1. Help establish identity in cases of dead
bodies and unknown or missing persons.
2. Prints recovered from the crime scene
associate person or weapon.
3. Prints on file are useful for comparative
purposes and for the knowledge of previous
criminal records.
4. Among illiterates, right thumbprint is
recognized as a substitute finger signature
on legal documents. Countries differ as to
which uses is used for the purpose. India
uses the left thumb; Spain uses the right
pointing finger.
ADVANTAGES OF USING
FINGERPRINTS AS A MEANS OF
IDENTIFICATION
1. Not much training is necessary for a person
to take, classify and compare fingerprints.
2. No expensive instruments are required in the
operation.
3. The fingerprint itself is easy to classify.
4. Actual prints for comparative purposes are
always available and suspected errors can
easily be checked.
DIFFERENT ALLIED SCIENCE OF
FINGERPRINTS
Dactyloscopy – identification of persons
through examination and comparison of
fingerprint.
Taken from Greek words:
Dactylos – a finger
19
 Skopien – to examine
Poroscopy – Science of palm print
identification.
Chiroscopy – Science of palm print
identification.
Podoscopy – Science of foot print identification.
DIFFERENT RIDGE CHARACTERISTICS
Ridge Formation – (Ridges starts to form in the
fingers and thumb during the 3rd to 4th months
of the fetus life.)
Dermal Papillae = are irregular pegs composed
of delicate connective tissue protruding and
forming the ridges of the skin on the fingers,
palms, toes and soles of the feet.
Ridge Destruction – destruction of the friction
skin can either be temporary or
permanent. Generally temporary destruction
occur when only the epidermis layer of the
friction skin has been damage, while permanent
damage can be injected to the friction skin due
to damage to the dermis layer.
1. Ridge Dot (island ridge) – refers to a ridge
formation in a form of a dot or period.
2. Bifurcation – a ridge formation in
which a single ridge splits or divides into two or
more ridges. It resembles a fork shape.
3. Converging Ridge – two ridges that
meets at a certain point
4. Diverging Ridge – two ridges that
spread apart
5. Enclosure or Lake ridge – a single
ridge that divides into two but does not remain
open and meet at a certain point to form the
original single ridge.
6. Ending ridge – it refers to an abrupt
end of a ridge
7. Type lines – is a diverging ridge that
tends to surround the pattern area and serves as a
basic boundary of fingerprint impression.
8. Pattern Area – is a part of a loop of
whorl pattern surrounded by the type lines and
consisting of the delta, the core and other ridges.
9. Recurving ridge – a single ridges that
curves back to the direction where it started.
10. Sufficient Recurve – a recurving ridge
which is complete with its should and free from
any appendage.
11. Appendage – is a short ridge found at
the top or summit of a recurve
12. Rod or Bar – is a short of long ridge
found inside the recurve and directed towards
the core
13. Obstruction ridge – is a short ridge
found inside the recurve which blocks the inner
line of flow towards the core.
RULES IN SELECTING FOCAL POINTS
OF FINGERPRINT IDENTIFICATION
The Two Fingerprint Terminus (Focal
Points)
1. The Delta (also called the outer
terminus) is a point along a ridge
formation found at the center or near
the center of the diverging type lines.
2. The Core (also known as the heart or
the inner terminus) usually found at
the center or innermost recurve.
RULES IN CORE LOCATION:
 The core is placed upon or within
the innermost sufficient recurve.
 When the innermost sufficient
recurve contains ending ridges or
rod rising as high as the shoulder of
the loop further from the delta. The
exemption to this rule is when both
shoulders are equidistant to the
center of the sufficient recurve.
 When the innermost sufficient
recurve contains an uneven number
of rods rising as high as the
20
 shoulders, the core is placed upon
the end of the center rod whether it
touches the looping ridge or not.
 When the innermost sufficient
recurve contains an even number of
rods rising as high as the shoulders,
the core is placed upon the end of
the further one of the two center
rods, the two rods being treated as
though they were connected by a
recurving ridge.
N.B. - Always base on the entrance of the
pattern in the fingerprint
RULES ON DELTA LOCATION
General Rule - A dot can be a delta when
there is no other alternative.
G. Rules in Delta Location when there is a
Choice Between Two or More Delta
1. The delta may be located at a bifurcation
which does open towards the core.
2. When there is a choice between a
bifurcation and another type of delta,
equally close to the point of divergence,
the bifurcation is selected.
3. When there is a series of bifurcation
opening towards the core at the point of
divergence of two type lines, the
bifurcation nearest to the core is chosen
as the delta.
4. The delta may not be located in the
middle of the ridge running between the
type lines toward the cores but at the
nearer end only. The location of the
delta depends entirely upon the point of
origin of the ridge between the type
lines toward the core.
5. If the ridge enters the pattern area from
the point below the divergent type
lines. The delta must be located at the
end nearer (inner terminus) to the core.
TYPELINES
 the two innermost lines which are
parallel or about parallel which diverge,
surround or tend to surround the pattern
area
 the boundaries of a fingerprint pattern
PATTERN AREA
 that part of the loop or whorl in which
appears the delta, core and other ridges
 the area of concern in classification
 always enclosed by the type line
RIDGES
 tiny, elevated, hill-like structures on the
surface of the skin of the fingers
 the basis of examination, comparison
and identification
FURROWS
 depressed, canal-like structures found
between two ridges
RIDGE CHARACTERISTICS
 little points of details in the formation of
the pattern which are used in comparing
two fingerprints in order to determine its
identity
FRICTION SKIN
 also called epidermal skin or papillary
skin
 hairless skin found on the lower surface
of the hands and feet covered with
minute ridges
KINDS OF RIDGES
1. DIVERGING
RIDGES/DIVERGENCE
 the spreading apart of two
ridges which have been running
parallel or about parallel
2. CONVERGING
RIDGES/CONVERGENCE
21
 
the meeting of the ridges which
have been running parallel or
about parallel
3. BIFURCATION
 consists of a single ridge which
forks into two or more branches
4. ISLAND
RIDGE/EYELET/ENCLOSURE/LAKE
RIDGE
 consists of a single ridge which
forks into two branches, running
side by side towards the same
direction then meet to form the
original ridge
5. ENDING RIDGE
 refers to the terminus of a short
or a long ridge
6. DOT RIDGE
 a point ridge
DIFFERENT FORMS OF FINGERPRINT
PATTERNS AND ITS ELEMENTS
ARCH (5%)-An Arch is a pattern in which the
ridges flow from one side to the other, without
recurving usually having a slight upward curve
in the center, making the pattern like an arch.
There is no core and no delta.
TENTED ARCH - A tented arch is a pattern in
which the ridges flow from one side to the other
without recurving, but differ from plain arch, as
the ridges rise higher in the center, giving the
pattern the appearance of a tent. A tented arch
may have a core and no delta, or a delta and no
core.
LOOP (60%) -A loop is a pattern in which one
or more ridges enter on either side of the
impression and by making a recurve pass out
or terminate on the side as the ridge. It has a
core and a delta.
TWO TYPES OF LOOP
a. Ulnar Loop - is one in which the
downward slant of the ridges are from the thumb
toward the little finger or ulnar bone.
b. Radial Loop - is one in which the
downward slant of the ridge or ridges are from
the little finger toward the thumb or radius bone.
4. PLAIN WHORL (35%) - A whorl is a
pattern in which the ridges form a series of circle
or spirals around the core or axis. A whorl has a
core and two deltas
5. CENTRAL POCKET LOOP - Central
Pocket Loop is a pattern in which most of the
ridges represent the pattern known as a loop, but
where one or more of the ridges within such
loop or those surrounding the core recurve
somewhat like a spiral. A central pocket loop
has a core and two unbalanced deltas.
6. DOUBLE LOOP - Double Loop consist of
two separate loop formations with the separate
and distinct sets of shoulders and two deltas.
7. ACCIDENTAL WHORL - Accidental is a
pattern in which two or more of the different
types of patterns are represented. Accidental
may have two or more deltas.
RULES IN RIDGE COUNTING AND
TRACING
Ridge Counting Procedure
The two important factors in the
classification of loops and whorls are done by
ridge counting and tracing. By ridge count it
means the enumeration of the number of ridge
characters touching or passing between the core
and delta, excluding core and delta. In loops, it
is suggested to begin the count from the core to
the delta. Whorls, ridge tracing is meant, the
method of ridge coursing using the two deltas as
the focal points. The tracing of the number of
intervening ridges and the designation of their
corresponding symbol are representing as
follows:
22
 1. Tracing always commence from the
point of the left delta.
2. Tracing goes across the pattern
following the lower contour of such
pattern till it ends at a relative point
nearest to the right delta.
3. If the traced ridge ends, it is necessary
to drop perpendicularly to a point on a
ridge found below and continues the
tracing.
4. Whorls with regard to their respective
tracings are divided into 3 classes:
Inner, Meet, and Outer Whorls and are
described below as:
 If the traced ridge reached the relative
point nearest the right delta, and goes
above or inside it and there are three or
more ridges intervening between such
ridge and the right delta, it is called an
INNER Whorl and being represented by
the capital letter “I” .
 If the traced ridge reached the relative
point and goes above or below the right
delta with one or two ridges intervening
between such delta and the traced ridge,
of if the traced ridge run directly to the
right delta, it is adjusted as a MEET
Whorl and is indicated by the capital
letter “M”.
 If the traced ridge reached the relative
point and goes below or outside the right
delta with three or more ridges
intervening between such delta and the
traced ridge, it is an OUTER Whorl, and
designated by capital letter “O”.
Relative Point - is the point of the ridge
directly opposite the right delta when and
imaginary line is drawn.
1. Ridge Counting – It refers to the
process of counting the intervening
ridges that touch or cross an imaginary
lien drawn between the core and the
delta.
N.B. - It applies only to loops.
2. Ridge tracing – Is the process of tracing
the ridges that emanate from the lower side of
the left delta towards the right delta to see where
it flows in relation to the right delta.
DIFFERENT APPLICATION OF
SCIENTIFIC AND NON-SCIENTIFIC
TECHNIQUES OF PERSONAL
IDENTIFICATION INCLUDING
DACTYLOSCOPY IN RELATION TO
CRIME DETECTION AND
INVESTIGATION
DIFFERENT APPLICATION OF
TECHNIQUES IN DETECTION,
COLLECTION, AND PRESERVATION OF
FORENSIC EVIDENCE RELATED TO
FRICTION RIDGES AND OTHER MEANS
OF PERSONAL IDENTIFICATION
EVIDENCE PRESERVATION OF
CHANCE FINGERPRINTS
1. Whenever scene fingerprints have been
found, confirmation by a witness shall be
made prior to collection.
2. Whenever scene fingerprints have been
found, they shall be developed and
photographed prior to collection in order to
clarify the position of an object and
positions of fingerprint
23
 impressions. Picture taking shall be made
by providing the fingerprinted object with
a label containing the name of incident,
date and hour taken, place, witnesses,
signatures, collector’s affiliation and name,
etc.
3. Whenever fingerprints are collected by
lifting (printing0 then the grain of wood,
pattern, or other characteristics original to
the object near the fingerprints shall be
lifted at the same time with lifting tape, etc.
to clarify the place where the fingerprints
are impressed. In addition, the name of
incident, date and hour collected, object of
collection, place of collection, signature of
witness, and collector’s affiliation and
name shall also be entered on the back of
the lifting paper.
 A scene fingerprint collection report
shall be prepared to clarify the
relationship between the incident and
the place of collection.
 On the scene fingerprints collection
report, all scene fingerprints collected
should be numbered in serial order,
and be entered so as to clarify which
fingerprint was collected at which
place by attaching a scene sketch.
 Meanwhile, for those fingerprints
collected without taking photographs,
it necessary to clarify the impressed
positions and directions by solidly
illustrating objects of collection
portions thereof, etc.
PRESERVATION BY PHOTOGRAPHY -
Prints found at the scene of a crime preferably
should be preserved by photography. This
procedure has many advantages, including its
leaving the object intact so that further
photographs can be taken if the first are
unsuccessful. It also makes it easier to produce
the evidence before a court of law if the print
has been recorded since parts of the object that
carry the print will be seen in the picture.
PRESERVATION OF PLASTIC
FINGERPINTS - When a fingerprint has been
left in material that has hardened or is able to
withstand transport, and when it is on an object
that is small and easily transportable, it may be
sent directly to the crime laboratory. If
removing the plastic print poses some special
problem, it should be photographed using
oblique light to bring out as much detail as
possible. The fingerprint impression may then
be preserved by an appropriate casting material.
PRESERVATION WITH FINGERPINT
LIFTERS - Frequently, curved surfaces, such as
doorknobs, with latent fingerprints present are
difficult to photograph or do not lend themselves
to the use of cellophane lifting tape. For such
surfaces, elastic or rubber lifter material works
well. Rubber lifters are commercially available
items made of thin, rubbery material coated with
an adhesive. The adhesive is protected by a
transparent celluloid material removed prior to
use and replace onto with different fingerprint
powders.
PRESERVATION WITH FINGERPINT
LIFTING TAPE - The most common method
of collecting latent fingerprint evidence today is
by special transparent cellophane tape. The
material is supplied in rolls and is usually 1 or 2
inches wide. After the surface is dusted with
fingerprint powder, the tape is placed over the
print. Care must be taken to prevent any air
pockets. The tape is smoothed down over the
print with the aid of a signer and then drawn
off. Particles of fingerprint powder adhere to the
sticky surface of the tape and thereby transfer
the finger.
IDENTIFICATION OF FINGERPRINT -
The identification of a fingerprint is to compare
24
two fingerprints with each other, to indicate their
characteristics, and to determine whether they
match or do not.
Since latent fingerprints are often partial
and unclear, their identification often encounters
difficulties. Therefore, those who are engaged
in identification should make a correct
identification. This also applies to the
identification of palm prints, middle phalange
prints, basic phalange prints and footprints.
METHOD OF IDENTIFICATION - Method
of identification include those for comparing
characteristics (type and position) of friction
ridges, of sweat pores (sweat gland outlets
appearing on friction ridges like eyes of needles)
and of friction ridge edges (straight, projecting,
arch, pocket, table, etc.). In general, however, a
method by characteristics of friction ridge which
are understandable easily and objectively is
used.
EXAMINATION OF MATERIALS - In
identification, the following matters should be
examined with the identification material:
1. Conditions of collection (method of
collection, situation of both the object
impressed and the fingerprint left on the
scene, time elapsed, etc.).
2. Kind of pattern, position impressed.
3. Kind of finger.
4. Situation of impression (whether
slipped, twisted, duplicated or not; either
surface or true skin; and reversal
fingerprint).
COMPARISON AND POINTING-OUT OF
CHARACTERISTICS - Characteristics of a
latent fingerprint and of the formally impressed
fingerprint shall be compared, and matching
points of characteristics shall both be noted by
indication lines with numbers for
referencing. The indication lines and numbers
shall be entered in red.
LETTER OF IDENTIFICATION - A letter of
identification shall be prepared by entering
therein such necessary matters as the kind (latent
fingerprints, finger seal, formally impressed
fingerprints, or so) and number of pieces of
identification material, identification item,
identification process, identification result,
identification date and identifier.
Meanwhile, in general, a photograph
showing the identification material enlarged
three times is attached indicating on the
photograph matching characteristics by
indication lines and numbers for easy
comprehension.
COURT PRESENTATION OF
FINGERPRINT EVIDENCE
In testifying to fingerprint identification,
the expert often prepares charts to visually aid
the court and jury in understanding the nature of
his testimony. Many times it is undoubtedly
difficult for the laymen to perceive, from a vocal
explanation alone, the full import of an expert’s
testimony, due to its technical nature;
consequently, some graphic representation of the
facts presented is amply justified and rewarded.
The preparation of the charts is ultimately the
sole responsibility of the expert using them. As
matter of interest to law enforcement personnel
engaged in fingerprint work, a brief explanation
of such charts follows, along with suggestions
and remarks based on long experience in these
matters.
25
 DIFFERENT EQUIPMENT USED IN 2. Ink Roller – is a rubber made roller
TAKING FINGERPRINTS designed to spread the fingerprint
ink to the slab.
KINDS OF FINGERPRINT IMPRESSIONS 3. Fingerprint Ink – is a special form
1. ROLLED of ink designed for taking
2. SIMPLE/PLAIN fingerprint impression sometimes
submitted with a printer’s ink.
ROLLING 4. Fingerprint card – is an 8” x 8”
 the manner of placing fingerprints card designed for recording
a. thumb – rolled towards fingerprint impression
the body 5. Card holder – usually a fixed card
b. remaining four fingers – holder placed in a flat table designed
rolled away from the body to prevent the movement of the card
LATENT FINGERPRINT IMPRESSIONS in the course of the taking of the
 hidden, fingerprints found at the crime fingerprint.
scene

MATERIALS NEEDED TO GET A

LATENT PRINT
1. flashlight – using the oblique focusing
technique
2. fingerprint powder – black if the
background is white; white if the
background is black; blue if the surface
is hairy, like leaves; ninhydrin solution
(spray) for ceilings
3. lifter – like cello tape
4. fingerprint brush – should not touch
the surface of the fingerprint impression
5. latent print card – where the lifted
impression is transferred

MATERIALS NEEDED IN TAKING PLAIN

AND ROLLED FINGERPRINT
IMPRESSION
1. fingerprint card
2. fingerprint card holder
3. fingerprint slab
4. fingerprint roller
5. fingerprint ink
Basic Instrument in taking prints:
1. Ink Slab – is a metallic or glass
plate where the ink is spread for
purpose

26
 FORENSIC BALLISTICS
Ballistics is the science of the motion of
the projectile and the condition that affects their
motion. It is a science in itself for it is an orderly
arranged knowledge, which is a product of series
of experimentation, observation and
testing. Ballistics is not an exact science rather
it is applied physics or applied science, which is
subject to changes and improvement depending
upon the demands of the modern civilization.
Motion refers to the mobility or movement of
the projectile from the time it leaves the shell
empty; it leaves the gun muzzle and until it
reach its target or fall in the ground.
A projectile is any metallic on non-metallic ball
which is propelled from a firearm. Its motion
can be categories into three general types:
3 TYPES OF MOTION
1. Direct Motion = is the forward motion
of the bullet or shots out of the shell by
the action of the expansive force of
gases from burning gunpowder.
2. Rotatory motion = is the action of the
bullet passing through a rifled bore
barrel firearm which is either twisted to
the left or to the right.
3. Translational = is the action of bullet
once it hits a target and subsequently
ricocheted.
Origin of the Word Ballistics
The word Ballistics was derived from
two Greek words. The word “ballo” and the
word “ballein” which literally mean, “to
throw”.
The term also said to have been derived
from the Roman war machine called “Ballista”,
a gigantic catapult that was used to furl missiles
or large object at a distance like stone, dead
animal or even dead person.
The study of Ballistics in the early age is
divided into (3) three Divisions: Internal
Ballistics, Exterior or External Ballistics and
Terminal Ballistics. From the time the guns was
fired until it reaches the target and have its
maximum effect. At present ballistics is
branches into four (4) and this is due to its
subsequent used in solving problems in
connection with the administration of justice
particularly cases involving firearms and
ammunition which is termed as Forensic
Ballistics.
BRANCHES OF BALLISTICS
Internal (Interior) ballistics- Which treats the
motion of the projectile while it is still inside the
firearm (chamber/barrel/ which extends from the
breech to the muzzle.
a. Firing pin hitting the primer
b. Ignition of the priming mixture
The priming mixture (composing
of the KCLO3, sulfur and carbon)
located either at the cavity rim or at the
center of the primer upon the striking
effect of the firing pin will ignite and
such action is known as “Percussion
action”.
c. Combustion of the gun powder/powder
charge or propellant.
d. Expansion of heated gas.
e. Pressure developed
f. Energy generated
g. Recoil of the gun
Is the equal and opposite reaction of the
gun against the forward movement of the bullet
upon explosion. The backward or rearward
movement of the gun in relation to the forward
movement of the bullet.
Jump is another portion of the recoil action
characterized as the backward and upward
movement of that takes place before the bullet
leaves the muzzle.
h. Velocity of the bullet inside the barrel
It is the relative speed of the bullet per
unit of time while it is still inside the barrel
expressed in feet per second.
27
i. Rotation of the bullet inside the barrel
j. Engraving of the cylindrical surface of the
bullet
External (exterior) Ballistics- It is concerned
with the flight of the bullet after leaving the
barrel. It is extended from the muzzle of the gun
to the target or any attributes to the motion of
the projectile while it is in its flight and before
reaching the target.
a. Muzzle Blast-Is the noise created at the
muzzle point of the gun.
b. Muzzle energy-Energy generated at the
muzzle point measured in foot-pound.
c. Trajectory-Refers to the parabola-like flight
of the projectile from the time it leaves the
muzzle until it hits the target. It is also described
as the actual curve path taken by a bullet during
its.
D. Range-It refers to the imaginary straight
distance between the muzzle of the gun and the
target.
 Accurate Range= the distance within
which the shooter or gunner has control
of his shots.
 Effective Range = the distance within
which when the bullet was fired it is still
capable of inflicting fatal injury.
 Maximum Range= the distance that a
projectile can be propelled from a
firearm. The farthest distance the bullet
could travel.
Velocity-Refers to the rate of speed of the bullet
(during its flight) per unit of time usually
express is feet per second (ft/sec.)
Pull of Gravity-It is the downward reaction of
the bullet towards the earth surface due to its
weight.
Air Resistance-Refers to the force of the air
encounter by the bullet in its flight.
Terminal Ballistics- Deals with the effects of
the projectiles impact on the target.
a. Terminal Accuracy-It refers to the size of the
bullet grouping on the target.
b. Terminal Energy-Is the energy or force of
the projectile when it strikes the target same as
striking energy.
c. Terminal Velocity-Is the speed of the bullet
upon striking the target.
d. Terminal Penetration-Is the depth of entry
of the bullet in the target.
Forensic Ballistics- The word Forensic was
derived from the latin word “Forum” meaning
“Market Place” where people gathered for
public disputation or public discussion. Also
defined as the study of the motion of projectile
as applied to law or simply the science of
firearm identification by means of the
ammunition fired through them.
SCOPE OF FORENSIC BALLISTICS
Field Investigation –refers to the work of an
investigation in the field. It concerns mostly
with the collection, marking, preservation,
packing and transmission of firearms evidences.
It includes the study of class characteristics of
firearms and bullets
Technical Examination – refers to the
examiners who examine bullets and/or shells
whether fired from the suspected firearms
submitted; and/or to determine also whether
or not cartridge cases were loaded or ejected
from the suspected firearm submitted. Reports
are made by the examiners and testify in court
regarding their report.
Legal Proceedings – presentation of Ballistics
reports, firearms, bullets, cartridges cases and
allied exhibits in court.
28
 SEVEN (7) PROBLEMS IN BALLISTICS
AND SOLUTION
1. Given a bullet- To determine the
caliber, type, and make of firearm from
which the bullet was fired.
2. Given a fired shell- To determine the
caliber, type, and make of firearm from
which the fired cartridge case was fired.
3. Given two or more fired bullets- To
determine whether or not they were
fired from one and the same firearm.
4. Given two or more fired cartridge- To
determine whether or not they were
fired one and the same firearm.
5. Given a fired bullets and suspected
firearm- To determine whether or not
the bullet was fired from a suspected
firearm.
6. Given a fired cartridge case and a
suspected firearm- To determine
whether or not the fired cartridge case
was fired from suspected firearm.
7. Given a firearm- To determine whether
or not is serviceable.
TYPES OF FIREARMS
Legal Definition of Firearm
Firearms or arms as herein used,
includes rifles, muskets, carbines, shotgun,
pistol, revolvers, and all other deadly weapons,
to which a bullet, ball, shot, shell, or other
missiles maybe discharge by means of gun
powder or other explosives. This term also
includes air rifle, except such of being of small
calibre and limited range used as toys. The
barrel of any firearm shall be considered a
complete firearm for all purposes hereof. (Sec
877 Revised Administrative Code/ Sec. 290
national Internal Revenue Code).
Technical Definition
Firearm is an instrument used for the
propulsion of projectile by means of the
expansive force gases coming from burning
gunpowder. (FBI manual of Firearms
Identification).
CLASSIFICATION OF FIREARMS
Two General Classifications of Firearms
(According to Interior Barrel Construction)
1.Smooth Bore Firearms = Firearms that have
no rifling (lands and grooves) inside their gun
barrel.
Examples: Shotguns and Musket
Musket
an ancient smooth bore weapon
designed to shoot a single round lead ball. They
are considered a muzzle loading firearms.
Matchlock musket
came into being about the end of the
first quarter of the Fifteenth century.
Flintlock musket
was first introduced at the beginning of the
eighteenth century.
2. Rifled Bore Firearms = Firearms that have
rifling inside their gun barrel.
Examples: Pistols, Revolvers, and other
modern weapons.
MAIN TYPES OF FIREARMS
(According to the Caliber of the projectile
propelled)
1. Artillery = Refers to those type of firearms
that propels projectile with more than one inch
diameter.
Examples: Cannons, Mortars and
Bazookas:
2. Small Arms = Are firearms that propels
projectile with less than one inch diameter and it
can be handled, moved and operated by one
man.
Examples: Machine gun, shoulder arms
and handguns.
2.1 Machine guns
29
 Is any weapon which shoots, or is
designed to shoot, automatically or semi-
automatically more than one shot, without
manual reloading, by a single press of the
trigger.
Machine gun is a type of
firearm that is primarily designed for
military use. Even in investigation of
shooting cases done in the city, it is not
usual or common to encounter this type
of firearm having been used. It can be
grouped in three general types:
Sub Machine Gun
Is a light, portable form of machine gun,
utilizing a pistol size ammunition, having a
shoulder stock that may or may not be folded
and designed to be fired with both hands.
SHOULDER ARMS
Shoulder Arms are those types of firearm that
were normally fired from the shoulder.
Rifles= A shoulder weapon designed to fire a
projectile with more accuracy through a long
rifled bore barrel, usually more than 22 inches.
Carbine = A short barrel rifle, with its barrel
rifle, measuring not longer than 22 inches. It
fires a single projectile though a rifle-bore either
semi-automatic or fully automatic, for every
press of the trigger.
Muskets = is an ancient smoothbore and muzzle
loading military shoulder arms designed to fire a
shots or a single round lead ball. A more
detailed discussion of musketeers can be found
on chapter 8 in the discussion of ignition
system.
Shotgun = A smooth bore and a breech loading
shoulder arms designed to fire a number of lead
pellets or a shots in one charge (FBA Manual)
The barrel construction of shotgun may
also be found in different bore construction.
 cylinder bore type = which the bore
size is the same throughout the barrel
 choke bored gun = designed with a
diminishing or reducing bore diameter
type towards the muzzle. This type is
designed to cause an effect to the travel
of the shots. It makes the shots travel
longer before it spreads.
 “paradox gun”.= still in a very rear
occasions another type of shotgun can
be observed to be having rifling only a
few inch from its muzzle points.
Handguns = those type of firearms that are
designed or intended to be fired using one hand.
Ex. Pistols and Revolvers
a. Pistol
In early firearm history, all handguns are
generally called as pistols. The word pistol owes
its origin to either the Italian city of Pistoia, or
Pistole, a coin that was supposed to be the same
diameter as the bore of the weapon.
There were three classes of pistols in the period.
The single shot pistol, the semi-automatic and
the revolving pistols now known as the
revolver.
The most powerful handgun in the
world is once considered MAGNUM .44 now
caliber .50 manufactured in Israel. The word
“MAGNUM” originated in England.
2.7 MM KOLIBRI AUTO
is the smallest centerfire cartridge of
commercial manufacture it was used it the
equally small Kolibri semi-auto pistol
introduced about 1914.
b. Revolver
Revolver is a type of firearm
designed to position cartridge into
position for firing with the aid of a
rotating cylinder serving as its chamber.
There are two types of revolvers
according to its mechanical firing
action.
30

Single action, a type of revolver that needs a
manual cocking of the hammer before squeezing
the trigger and the other is
Double action, a type of revolver that does not
need manual cocking. Just press the trigger and
it both cocked and released the hammer causing
a much faster firing.
HOW DID THE GUN GET ITS NAME?
Before guns were invented,
there were many types of spring-driven catapults
that hurled large stones: the springal, the
trebuchet, the arbalest and a wheeled catapult
known as a mangonel. These were all known as
gyns, a now obsolete shortening of the word,
engine. It is possible that gun came from gyn,
but it is much more probable that it derived from
mangonel which was familiarly known in the
early medieval days as a gonne. All this
catapults threw stones and so did the early
powder-loaded cannons.
TYPES OF FIREARMS
(According of Mechanical Construction)
1. Single shot firearms = types of firearms
designed to fire only one shot every loading.
Examples: Single shot pistols, Revolvers
and shotguns.
2. Repeating Arms = A type of firearms
designed to fire several loads (shot) in one
loading.
Examples: Automatic pistols revolvers
rifles and shotguns.
3. Automatic F/A = type of firearms that
constitutes a continuous firing in a single
press of the trigger and while the trigger is
press.
Examples: Machine guns and rifles
4. Slide Action type = types of firearms in
which loading take place by back and forth
manipulation of the under/over forearms of
the gun.
Examples: Shotgun and pistols
5. Bolt Action Type = Type of firearms in
which reloading takes place by manipulating
the both back and forth.
Examples: Rifles, shotguns and machine
guns.
6. Lever type (Break type) = loading takes
place by lever action on the firearms.
Examples: Rifles and shotguns.
ACCORDING TO POWER AND
FLIGHT SPEED
LOW-POWERED FIREARM
firearms using cartridges giving a
muzzle velocity of less than 1850 ft/sec
HIGH-POWERED FIREARM
firearms using cartridges giving a
muzzle velocity between 1925 and 2500
ft/sec
HIGH-INTENSITY FIREARM
firearms using cartridges giving a
muzzle velocity of over 2500 ft/sec
MISCELLANEOUS TYPES OF GUN
1. Cane gun, knife pistols, cell phone
gun, etc. = devices principally designed
for other purpose to which a gun
mechanism is incorporated also called as
Freakish gun.
2. Flare gun = designed for tracing or
sending signals or locating enemy
troops.
3. Freakish gun = a tool in which firearm
mechanism is attached to prevent easy
identification.
4. Gas gun = generally referring to all gun
designed from firing tear gas.
5. Harpoon guns = refers to a barbed
spear in hunting large fish.
6. Liberator = U.S. government made
smooth bore gun used in Europe during
31
 war designed to fire an automatic colt
pistol cartridge caliber .45.
7. Multi –Barrelled gun = refers to all
types of gun containing a number of
barrels.
8. Paradox gun = a type of gun which
contains lands and grooves a few inch
from the muzzle point.
9. Tools = are those devices which
resembles a gun designed but are
generally used for construction of
furniture
10. Traps = refers to gun used for trapping
animals that are fired to woods
11. Zip Gun = refers to all type of
homemade gun.
TYPES OF AMMUNITION
Legal Definition
Ammunition refers to loaded shell for
rifles, muskets, carbine, shotgun, revolvers and
pistols from which a ball, shot shell or other
missiles maybe fired by means of gun powder or
other explosive. The term also includes
ammunition for air rifles as mentioned
elsewhere in the code. (Chapter VII, Sec.290 of
NIRC as well as Sec 877 RAC)
Technical Definition
Ammunition refers to a group of
cartridge or to a single cartridge. Cartridge is a
complete unfired unit consisting of bullet (ball),
primer (cap), cartridge case (shell) and
gunpowder (propellant).
Origin
The word cartridge was derived from
the Latin word “Charta” meaning – a “paper”
and also from the French word “Cartouche”
meaning – a rolled paper. This only indicates
that the first type of cartridge was made up of a
rolled paper. It was about the turn of the 16th
century that the term “cartridge” comes to use.
GENERAL TYPES OF AMMUNITION
Dummy (fake) model- A type of ammunition
which merely resembles the genuine one. It is
carefully made replica of a cartridge, usually of
tool steel and dimensioned to be used by
weapons instructor, inspector and repairman
when checking the functioning of the weapon.
Drill Ammunition- It is a type of ammunition
that is completely inert, without explosives and
are use in military training to practice loading
and manipulation of the gun. It is also called
“Dummy” although in the strict sense there is a
difference.
Blank Ammunition- An ammunition without a
bullet, containing gun powder that is designed to
generate a loud noise to indicate firing.
Live Ammunition- In term applied for complete
unit of unfired cartridge.
CLASSIFICATION OF CARTRIDGE
I. According to the Location of the Primer
 Pin-Fire = is a type of cartridge in
which the ignition cap (primer) is
concealed inside the cartridge case and
has a pin resting upon it.
 Rim fire = is a type of cartridge in
which the priming mixture is located at
the hallow rim of the case can be fired if
the cartridge is tuck by the firing pin on
the rim of the case (cavity rim).
 Center fire = t refers to cartridge in
which primer cup (ignition cap) is
centrally placed in the base of the
cartridge case and the priming mixture
is exploded by the impact of the firing
pin and with the support of the anvil.
32
 II. ACCORDING TO RIM DIAMETER IV. ACCORDING CALIBER
Caliber
1. RIMMED TYPE --- term used to indicate the bore diameter
--- the diameter of the rim is slightly greater measured from two opposite lands.
than the diameter of the body of the cartridge Calibers in cartridges in
case. e.g. caliber .25, .32 auto, super .38. inches and their approximate
3. RIMLESS TYPE equivalent in mm and use:
--- the diameter of the rim is smaller than the THREE SYSTEMS OF MEASURING
diameter of the body of the cartridge case. e.g. CALIBER
caliber 8 mm x 59.
4. REBATED TYPE  English system – expressed in
--- the diameter of the rim is smaller than the thousandths of an inch ( cal. 380)
diameter of the body of the cartridge case. e.g.  American system – expressed in
caliber 8 mm x 59. hundredths of an inch ( cal. 38 )
5. BELTED TYPE  European or continental system –
--- there is a protruding metal around the body of expressed in millimetre.
the cartridge case near the rim. e.g. caliber 338 Inches MM.
magnum, 13.9 x 99. Cal. .22 about 5.59 mm- used in
CLASSIFICATION ACCORDING TO revolver, pistol and rifles
CASE SHAPE Cal. .25 about 6.35 mm- used in
1. Straight – all rimmed shell and most pistols and rifles.
centerfire revolver cartridges. Ex. Cal. Cal. .30 about 7.63 mm-
38 special (mauser) – for carbines and other rifles
2. Tapered – very rare but being used in Cal. .30 about 7.63 mm (luger)
so-called “magnum jet” Cal. .22. Cal. .32 about 7.65 mm for
3. Bottleneck – ex. 5.56mm cartridge cases automatic pistols and revolvers
4. Belted – ex. .30 magnum Cal. .380 about 9 mm- used for
pistols
IV. CLASSIFICATION OF Cal. .357 used in magnum .357
AMMUNITIONS ACCORDING TO ITS revolvers
EFFECTS Cal. .45 about 11 mm – used in
1. penetrators - pierce targets using a automatic pistols
single bullet, Cal. .50 used in .50 cal. Machine gun
2. high explosives - burst before hitting Note:
their target, fragmenting into thousands  To convert millimeter calibration to
of penetrating pieces or becoming a inches, multiply the caliber in
high-speed jet of molten metal, and millimeters by 0.03937 or divide by
3. Carrier projectiles - break open near 25.4.
the target to deliver leaflets, radar-
deceiving materials, or sub munitions  To convert inches calibration to
(small ammunition). millimeters, multiply the caliber in
inches by 25.4 or divide by 0.03937.
Caliber .250- 3000

33
--- 3000 is the muzzle velocity of the bullet in
feet per second. The .250 is the caliber in
thousandths of an inch.
Caliber .30 - 06
--- the ‘ 06 is the shortened form of 1906. the
year when the cartridge was introduced. The .30
is the caliber.
Caliber .30 - 30
--- the second 30 refers to the weight in grains of
smokeless powder first loaded in this cartridge
when it was introduced.
Caliber 7.92 x 57mm.
--- the 57mm. Is the measurement of the case
length and 7.92 mm is the caliber.
TYPES EXPLOSIVES
Bullets
The word “Bullet” was derived from
French word “Boullette” which means a small
ball. This term is generally used when we are
referring to projectile fired from any small arms,
which has a variety of form, especially during
the earlier history. In a more technical sense,
bullet refers to a metallic or non-metallic
cylindrical ball propelled from a firearm it is
sometimes called as shots or slugs.
Bullets have various types depending
upon their specific nature and purpose. In
general bullet can be classified as either Lead or
Jacketed.
GENERAL TYPES OF BULLETS
Lead Type – is a type of a bullet that is
basically composed of lead metal. It’s used was
due to its density; having a good weight is a
small size and easy for casting.
Jacketed Type – Is a type of bullet consisting of
the regular lead core, coated with a copper alloy
in order to prevent lead fouling of the barrel and
is generally used in pistols and other high power
guns.
According to their Maximum Effect to
their targets

Ball Type – Is a type of bullet, which is
intended for anti-personnel and general
use.
 Armor piercing – is a type of military
bullet designed to penetrate light steel
armor. Its mechanical construction
makes it capable of penetrating through
some light vehicles.
 Explosive Bullet - Is a small bullet
containing a charge of explosive, which
will detonate on impact.
 Incendiary Bullet –Type of military
bullet used to cause fire in a target,
generally designed to use by aircraft
armament in order for the fuel tanks to
ignite.
 Tracer Bullet – a type of military bullet
capable of leaving visible marks or
traces while in flight giving the gunner
the chance to observe the strike of the
shot or make adjustments in the event of
a miss
CARTRIDGE CASE
Cartridge Case is the metallic or non-
metallic tabular container usually of brass (70%
copper and 30% zinc) designed to unite the
bullet, primer and the gunpowder into one unit.
It is also known as shell or casing
.
FUNCTIONS OF THE CARTRIDGE CASE
1. It locates the bullet properly relative to the
bore of the firearm.
2. It is used to carry the means of ignition.
3. It provides gas seals at the breech against an
unwanted escape of propellant gas upon firing.
34
4. Serves as waterproof container for the
propellant or powder charge.
5. Acts as the insulator between the propellant
and the hot walls of the chamber in a rapid firing
of firearms.
PARTS OF THE CARTRIDGE CASE
1. Base= the bottom portion of the cartridge
case which contains the head stamp
marking on the base of the shell
containing the caliber, manufacturer and
in some cases including the date, trade
name, and batch number.
2. Rim= is the part of the cartridge designed
to limit the forward movement of the
cartridge to chamber.
3. Extracting grooves= is the circular
groove near the rim of the shell designed
for automatic withdrawal of the case
from the chamber.
4. Primer Pocket=is that part of the shell
which provides the means for the primer
to be put in the central position. Its
function is extended to: (a) hold the
primer in place; (b) to provide means to
prevent the escape of gas; (c) to provide
solid support for primer anvil.
6. Body= is the cylindrical part of the shell
which house the gunpowder.
7. Shoulder= that part of the cartridge case
which support the neck of the cartridge which is
evident in a bottleneck type.
8. Cannelure= is the cylindrical groove in
the outer surface of the cartridge case designed
to secure the shell to the chamber as well as
prevent bullet from being push down to the
powder charge. In some instance it is even being
utilized for identification.
9. Neck= is that part of the shell which is
actually occupied by the bullet. This is obvious
in a bottleneck type of shell but not with the
straight type.
10. Crimp= is the cylindrical groove on the
mouth of the shell designed for two purposes:
One (1) is to hold the bullet and prevent it from
being pull out from the shell and Two (2) to
offers resistance to the bullet out of the neck to
ensure burning of the gun powder.
11. Vent or Flash hole= is the hole at the
bottom of the primer pocket as the passage way
for the priming mixture to impart an ignition to
the propellant charge.
Primer
Primer (also called CAP) is the ignition
system of the cartridge used in a center fire type,
containing a highly sensitive chemical
compound that would easily ignite or bursts into
flame when struck by the firing pin. It may
either be Berdan or Boxer type. It is also known
as the percussion cup.
TYPES OF PRIMER ACCORDING TO
NUMBER OF FLASH HOLE / VENT
1. Boxer primer (one flash hole) –
favorite in U.S. invented by Col.
Edward Munier Boxer in 1869.
2. Berdan (European Type) – two flash
holes or vents invented by Hiram
Berdan of New York in 1850’s.
THE COMPOSITION OF A PRIMER
1. Potassium Chlorate - 45%
2. Antimony Sulfide - 23%
3. Fulminate of Mercury -
32%
PARTS OF THE PRIMER
1. Primer Cup= Is the brass gilding metal
cup which contains the priming mixture,
the disc and the anvil.
2. Priming Mixture= Is the highly
sensitive chemical compound which
ignites by the mechanical blow of the
35
 firing pin. It is also called as percussion
powder.
3. Anvil= Is that portion of the primer
which provides solid support and absorbs
the blow of the firing pin causing friction
that would initiates ignition.
4. Disc= Is a thin paper or foil which is
pressed over the priming mixture in order
to protect it from moisture attack.
Gun Powder
Gunpowder (also called as propellant
or Power Charge) is that mixture of chemicals of
various compositions designed to propel the
projectile by means of its expansive force of gas
when burned.
Two of the most popular individual
whose name is always attached to gunpowder
discovery were Roger Bacon and Berthold
Schwartz. Let’s take a short description of how
their names are always mentioned in the history.
DIFFERENT CHARACTERISTICS OF
FIREARMS AS BASIS FOR
IDENTIFICATION
Class Characteristics- Are those properties or
attributes of a firearm which can be determined
even before the manufacture of the gun.
CLASS CHARACTERISTICS OF
FIREARMS
Bore diameter (caliber or gauge) it is diameter
to which the bore was reamed. The distance
measured between two opposite lands inside the
bore in a hundredths or thousandths of an inch.
In most express in either caliber in inch or in
millimeters.
Number of lands and grooves = the number of
lands an grooves inside the barrel of a given
firearm are always the same or equal. It may run
from 3 to 8, but the most in the modern firearm
are five and six.
 Lands = are the elevated portion of the
bore of the firearm.
 Grooves = are the depressed portion of
the bore between the lands.
Width of the lands = is dependent upon the
bore diameter of the gun, grooves, width and
number. The lands are the remainders of the
circumference after subtracting all the grooves
width.
Width of the Grooves = is measured as the
shortest distance between the two dies or edge of
a grooves.
Direction of Twist = rifling inside the barrel of
the gun is either twisted to the left or to the right
which cause bullet to rotate as it passes through
the bore, in order to ensure gyroscopic stability
in its flight.
Pitch of Rifling = it is the measure of the
twisting of the lands and grooves. It refers to the
measure of the distance advance by the rifling in
order to make a complete turn inside the barrel.
Depth of the Grooves = the groove’s depth if
measured on a radius of the bore. Grooves are
usually few thousandths of an inch deep, which
equal to the height of the lands.
Individual Characteristics- Are meant for
those characteristics which are being determined
only after the firearm has already been
manufactured.
TYPES OF RIFLING
1. Steyer Type= is the type of rifling
having four (4) lands and grooves, right
twist and the width of the lands grooves.
(4 RG=L)
2. Carbine Type = rifling having (4) lands
and grooves, right twist, the width of the
grooves is two (2) times the width of the
lands (4RG2X).
3. Smith and Wesson = rifling having (5)
lands and grooves, right hand twist , the
width of the land and grooves are equal.
(5RG=L)
4. Colt = type of rifling having six (6)
lands and grooves, left twist, the width
of the grooves is twice (2) the width of
the lands. (6LG2X)
36
5. Browning = type of rifling having (6)
lands and grooves, right hand twist, the
width of the grooves is twice the width
of the lands. (6RG2X)
6. Webley = Rifling having seven (7)
lands and grooves, right hand twist, the
width of the groove is three time larger
than the boarder of the lands. (7RG3X)
7. Winchester = Rifling having six (6)
lands and grooves, right hand twist, the
width of the grooves is three time larger
the width of the lands.
MARKS FOUND OF FIRED
BULLETS
1. Land Marks = marks left on a fired
bullet caused by its contact to the
elevated portion (lands) of the bore of
the firearm. It appears as slight
depressions or scratches the cylindrical
surface of the fired bullet.
2. Groove Marks = marks found on a
fired bullet caused by the grooves of the
barrel which is the same number as that
of the landmarks.
3. Skid Marks = Marks that are generally
found on fired bullet from a revolver. It
is more or less located at the anterior
portion of the fired bullet due to its
forward movement from the chamber to
the barrel of the gun before it initially
rotates.
4. Stripping Marks = marks found on
those bullet fired from a “loose-fit”
barrel wherein the rifling are already
been badly worn-out.
5. Worn-out in the rifling of the firearms
can be cause by either chemical reaction
brought about by rust (corrosion) or
through excessive use (erosion)
6. Shaving Marks = marks commonly
found on bullet fired from a revolver
cause by its forward movement to the
barrel that is poorly aligned to the
cylinder.
7. Slippage Marks = marks found on fired
bullets passing through either on oily or
oversize barrel.
MARKS FOUND ON FIRED
SHELLS
1. Firing Pin Mark = mark generally
found at the base portion of the cartridge
case more specifically near center of the
primer cup in a center fire cartridge or at
the rim cavity of a rim-fire cartridge.
Considered as one of the most important
marks for identification of firearms
using fired shell.
2. Breech Face Mark = mark found at the
base portion of the shell cause by
backward movement to the breech face
of the block of the firearm.
3. Extractor Mark = mark mostly found
at the extracting groove of the fired
cartridge case. Cause by its withdrawal
from the chamber.
4. Ejector mark = mark generally found
on cartridge case fired from an
automatic firearms. It is located near the
rim of the case cause by the throwing of
shell from the firearm to the area of
shooting.
5. Shearing Mark = sometimes called
“Secondary Firing Pin mark” found in
the primer near the firing pin mark.
6. Magazine Lip Mark = marking found
at the two sides of the rim cause by the
magazine lips during the loading of the
cartridge into the magazine for firing.
Chamber Mark = mark mostly found around
the body of the fired cartridge case cause by the
irregularities of nips inside the walls of the
chamber.
In fired cartridge case either of the
Firing pin mark and the Breech face
37
 marks can be used as basis for
identification, in the absence or none use
of these two, both the ejector and
extractor marks can be utilized as
secondary choice.
DIFFERENT SIGNIFICANT EQUIPMENT
AND TOOLS USED IN BALLISTICS
EXAMINATION
Analytical or Torsion balance- It is an
instrument used to determine the weight of
bullets and shotgun pellets for possible
determination of the type, caliber and make of
firearm from which it was fired. Also help to
solve problem involving fragmented bullet that
will be very difficult to determine its caliber by
measuring its base diameter.
Bullet comparison- It designed to compare
fired bullets or fired shells with their individual
markings and proved their identity.
Bullet recovery box- It is an instrument in
crime laboratory as well in firearms company
design for test firing. It is usually made of
metallic box with 12X12”96 measurement. It is
used in crime laboratory to obtain test bullets
and to safety test shells and ensure that they are
obtained without damage.
which also varies in different firearm
manufacturer.
Micrometer- It is used for the same purpose as
that of the caliper. Measuring tool frequently
used in firearm/toolmark examinations for
measuring class characteristics such as
thickness, width, or diameter. The device
consists of an outer thimble and inner spindle
joined by a fine pitch screw mechanism.
Onoscope- Is a small instrument used in
examination of the inner surface of the barrel in
determining the irregularities inside the bore.
Stereoscopic- Used for preliminary
examinations of fired bullets and fired shells to
determine the relative class characteristic or for
orientation purposes. Also used to close up
examination of tampered serial number.
Shadowgraph- It is basically designed for the
preliminary determination of firearm
characteristics.
Taper gauge- It is an instrument designed to
measure the diameter of the bore of the firearm.

Chronograph- It is an instrument designed to

measure velocity of the bullet.

Caliper- Is one of the simple instruments used

in the laboratory design to measure the caliber of
firearms, bullets and shells. Following are
measured in firearms; The bore diameter, in
bullets, its base diameter and in shell, the
diameter of its body or its mouth in some case.

Electronic gun marker- It is an instrument used

in marking bullets, shells or firearms.

Helixometer- Purpose of examining the bore of

the firearm more specially its pitch of rifling.
The pitch of rifling is the distance advance by
the rifling of the gun barrel in one complete run

38
 FORENSIC CHEMISTRY AND
TOXICOLOGY
IDENTIFY THE PRINCIPLES, SCOPE
AND PRACTICE OF FORENSIC
CHEMISTRY IN RELATION TO
CRIME DETECTION
PROTOCOLS IN HANDLING
CHEMICAL AND BIOLOGICAL
EVIDENCES SUCH AS BLOOD,
SEMEN, FIBER, EXPLOSIVES AND
DRUGS FROM CRIME SCENE TO
COURT ROOM
DIFFERENT PRELIMINARY TEST
AND CONFIRMATORY
EXAMINATION OF CHEMICAL AND
BIOLOGICAL EVIDENCES
1. PRELIMINARY TEST
 determines whether stain is
blood or another substance
2. CONFIRMATORY TEST
 confirms the result of the
preliminary test;
 conclusively identifies
substance as blood
3. PRECIPITIN TEST
 determines if blood is of human
or animal origin
 if human blood, there appears a
white ring in the tube
4. BLOOD GROUPING TEST
 determines the blood group, if
human blood
 OF EVIDENCE AS TO PROPER
TAKAYAMA TEST - CONFIRMATORY
TEST FOR BLOOD
 if positive, haemocromagen crystals will
be produced
 color of the crystals is salmon pink
PRELIMINARY TEST
 determines whether stain is
blood or another substance
CONFIRMATORY TEST
confirms the result of the
preliminary test;
 conclusively identifies
substance as blood
3. PRECIPITIN TEST
 determines if blood is of human
or animal origin
 if human blood, there appears a
white ring in the tube
4. BLOOD GROUPING TEST
 determines the blood group, if
human blood
PRELIMINARY TEST FOR BLOOD
BENZEDINE TEST if positive, the result
is pink
PHENOLPHTHALEIN TEST if positive,
the result if blue when exposed to ammonia
fumes, it gives off pink
GUAIACUM TEST
LEUCOMALACHITE GREEN TEST
LUMINOL TEST
TAKAYAMA TEST - CONFIRMATORY
TEST FOR BLOOD
 if positive, haemocromagen crystals will
be produced
 color of the crystals is salmon pink
SCIENTIFIC PROCEDURES IN THE
COLLECTION AND PRESERVATION
OF DRUGS ANO POISONS AND
OTHER TOXICOLOGICAL
CONCERNS
PRINCIPLE OF CHAIN OF CUSTODY
TAGGING, LABELLING AND
TURNOVER AND RECEIPT OF
EVIDENCE
39
 LIE DETECTION AND TECHNIQUE
Polygraph - popularly referred to as lie detector.
- measures and records several psychological
indices such as blood pressure, pulse, respiration
and skin conductivity while the subject is asked
ansanswers a series of questions.
- literally means "many writings".
- is derived from two Greek words
"Poly"- which means many and
"Graphos"- which means writing.
Lie Detection - is the practice of determining
whether someone is lying.
Polygraphy – is defined as the scientific
detection of deception through the use of
polygraph.
Polygraph – is a device or instrument for the
recordings of chart in blood pressure, pulse beat,
respiration and galvano-skin reflexor, as
indicative of emotional excitement especially of
lying, when questioned.
_ is a combination of two words, “poly”
meaning many and “graph” meaning a chart.
Deception – is art of deceiving or misleading
usually accomplished by lying. Lying is the
uttering or conveying falsehood creating a false
or misleading impression with the intention of
affecting wrongfulness of the acts, opinion and
affection of another.
Detection – is the act of discovering the
existence, presence of fact of something hidden
or obscure. Methods of detection is based on the
fact that involuntary bodily changes accompany
detection, the apparent effects observed, being
the physiological changes accompanying the
emotion of fear – primarily fear of consequence
or exposure.
Emotion – is derived from the word “emovere”
meaning to stir up, agitate or move. It is
agitation, disturbance or tumultuous physical or
social movement constituting a departure from
the usual calm state of the orgasm as a loose
strong feeling, an impulse to avert action and
internal changes in respiration, circulation and
glandular action.
Fear – is the emotional responses to specific
dangers that appear to be potentially beyond
person’s defensive powers. The lying person’s
fears detection of the lie, causing physiological
changes to take place in his body. These changes
can be recorded with the polygraph instrument
and diagnosed by the examiner.
Stimulus – is the force or motion reaching the
organism from the environment and excites the
receptors. In short, it is any force that arouses
the organism or any of these parts to activity. In
polygraph examination, stimuli are presented to
subject in the form of question.
Reaction – is defined as any activity aroused in
an organism by a stimulus. It is an action or
mental attitude evoked by an external influence.
Response – is any activity of a previous activity
of an organism or of an affect or (muscles or
glands) organs or part of the organism resulting
from stimulation.
Polygraphy – is scientific methods of detecting
deception done with the aid of a polygraph
instrument.
Polygraph = (derived from the Greek words
Poly) = many or several and Graph = (writing
chart) is a scientific instrument capable of
recording simultaneously changes in blood
pressure, pulse rate, respiration and skin
resistance as indicative of emotional disturbance
especially of a lying subject when being
questioned.
LIE DETECTION
In every criminal investigation, the truth
must be established to ensure proper prosecution
of offenders. Criminal investigators must exert
all effort to determine lying not only on the part
of the suspect but as well as to everyone
involved in the criminal act – witnesses, victims,
etc.
40
 In establishing the truth, criminal
investigators apply various methods such as:
observation; mechanical lie detection; use of
drugs that inhibits the “inhibitor”; hypnosis; and
interrogation.
LIE defined:
 Any untruthful statement; Falsehood;
Anything that deceives or creates false
impression;
 To make untrue statements knowingly,
especially with intent to deceive; To
give an erroneous or misleading
impression;
LIE is synonymous to: Deceit; deception;
fabrication; falsehood; and untruth.
DETECTION -The act of detecting, discovery,
perceiving, finding, or uncovering something
obscure.
SCIENTIFIC METHODS OF DETECTING
DECEPTION
1. INTOXICATION – is a psychological state
induced by the consumption of alcohol. This
method use intoxicating beverages to bring
out mental state of stupefaction.
2. HYPNOSIS – is a special psychological
state with certain psychological attributes
resembling sleep only superficially.
3. WORD ASSOCIATION TEST – a
psychological test intended to reveal
associative connections between stimulus
words and free verbal response.
4. TRUTH SERUM TEST – is a
psychoactive medication used to obtain
information from subject who are unable or
unwilling to provide it otherwise.
5. PSYCOLOGICAL STRESS
EVALUATOR – detect guilt revealing,
laryngeal micro tremors which exist in the
voice and are associated with stress lying.
6. COMPUTER VOICE STRESS
ANALYZER - it id based on the hypothesis
that there are infrasonic components of
human voice not audible to the observers
caused by a physiological phenomenon
present in muscles called Micro tremor.
7. NUERO LINGUISTIC
PROGRAMMING – this method has made
the calm that by watching a person’s eye
movements, an interviewer can determine if
a person is remembering the past events.
8. BRAIN WAVE FINGERPRINTING –
uses brain-reading technique to determine
whether specific information is stored in a
subject’s brain.
9. MICRO-EXPRESSION – are unconscious
expressions that surface as a limbic part of
our brain sort, gather and assess information.
SEVEN UNIVERSAL EMOTIONS
 Anger
 Contempt
 Disgust
 Fear
 Happiness
 Sadness
 Surprise
10. POLYGRAPH – it is based on the theory
that once a lie has been made or that
emotion evoking stimulus has been given
conscious mental effort of a normally
conditioned person causes physical ang
psychological changes in the body which is
capable of being recorded, diagnosed and
interpreted.
NON-SCIENTIFIC METHODS IN
DETECTING DECEPTION
ORDEAL defined:
 A severe test of character or endurance;
a trying course of experience.
 A medieval form of judicial trial in
which the accused was subjected to
physical tests, as carrying or walking
over burning objects or immersing the
hand in scalding water, the result being
considered a divine judgment of guilt or
innocence.
41
ORDEAL
 Is a term of varying meaning closely
related in the Medieval Latin “Dei
Indicum” meaning “Miraculous
decision.”
 Ancient method of trial in which the
accused was exposed to physical danger
which was supposed to be harmless if he
was innocent.
AYUR-VEDA
o “Hindu book of health and science” The
earliest known reference of the methods
for detecting deception.
o Come before lie detection (seen through
outside manifestation)
o Basis of the invention of polygraph
machine.
o Traditional way not scientific.
EARLY METHODS OF DETECTING
DECEPTION (ORDEAL):
1. Red hot iron ordeal
 Practiced on the hill tribe of
Rajhmal in the North Bengal
 Accused placed his tongue to a
red hot iron nine times (9)
unless burned sooner.
 If burned, he is put to death.
 Not only that (licking the iron),
he is also made to carry the
metal into his hands.
 It is doubtful whether the ordeal
is meant to determined the
physiological changes occurring
in description for if this so,
many false observations must
have been made.
2. Ordeal by balance
 Practiced in the Institute of
Vishnu, India.
 Scale of balanced is used.
 In one end of the scale, the
accused is placed in the other
end, a counter balance.
 The person will step out of the
scale listened to a judge deliver
an extortion is the balance and
her back in. If he were found to
be lighter than before then he
should be acquitted.
3. Boiling water ordeal
 Used in modern Africa.
 The method is that the subject will
plunged their right arms into the boiling
pot to the elbow and step into the other
side of the fire. All are told to undergo
the test without a murmur.
 And when all are finished, they are told
to return at the same time the next
afternoon.
 The one who by that time had lost some
or showed blisters would prove the thief
(Point out who is the one who steal
among his tribe mates).
4. Ordeal by rice chewing
 Practiced by Indians
 It is formed with a kind of rice called
sathee, prepared with various
incantations.
 The person on trial eats, with his face to
the and then spits upon an eyeful leaf.
 If the saliva is mixed with blood or the
corner of his mouth swell or he
trembles, he is declared then a liar.
5. Ordeal of the red water
 Used in a wide region of
Eastern Africa.
 The ordeal of the “sassy bark”
or red water is used.
 The accused is made to fast for
twelve hours.
42
  Then swallow a small amount of
rice.
 Then he will be imbibed in dark
colored water.
 This water is actually an emetic
and if the suspects ejects all the
rice, he is considered innocent
of the charge, Otherwise, the
accused is guilty/.
Combination of Drinks and Food Ordeal
 The accused first fasted for 12 hours and
then given small amount of rice to eat
followed by large amount of black
colored water.
 If the concoction was vomited, the
accused was pronounced innocent;
Otherwise, guilty.
 And practiced by “West African
Regions”
6. Trial by Combat
 A fight between the accuser and
the accused, whoever lost the
battle will be the adjudged
guilty.
 Originated from India and one
of the examples of this: a rich
man or accuser could hire
somebody or bigger one to fight
the accused. After the fight the
loser is adjudged guilty of
crime.
7. Trial by Torture
 The accused was put into a
severe physical test.
8. Drinking Ordeal
 The accused was given a
decoction to drink by a priest –
if innocent; no harm befalls
him, but if guilty, will die.
 Practiced in:
a. Nigeria
b. Brahamic India
c. India
9. Eating Ordeal of Coarsened
 Involves partaking of food.
 Accused was given dry rice to
swallow.
 Practiced in:
a. China
b. Alexandria, Egypt
10. Trial of the Eucharist
 This trial is reserved for the
clergy, and administered with
pomp and ceremony.
 If the accused was guilty, the
Angel Gabriel will descend
from heaven and prevent the
accused from swallowing the
food given to him.
 Practiced in European countries.
11. Ordeal of the Bier
 The corpse was brought on a bier of
boughs after which the natives would
ask the corpse if it has been bewitched.
 If the victim died by witchcraft, the bier
was supposed to know more and if the
sorcerer show killed him was present,
the corpse will touch him.
 Practiced in Australian and European
Countries.
12. Ordeal by heat and fire
 The accused was compelled to
walk bare footed through a fire;
if he remains unhurt then he is
innocent.
 Practiced in a. East Germany -
b. Early Scandinavian Countries
- c. Early England
13. Ordeal of Boiling Oil or Water
 The accused was forced to dip
his hands into the boiling water
43
 or oil and ask to pick up stone in
it.
 If he remains unhurt then he is
innocent.
 Practiced in Asian Countries.
14. Ordeal of Red hot Needle
 Red hot needle was drawn
through the lips of the accused,
if innocent; no blood will be
seen flowing out.
 Practiced in Wanaka, East
Africa.
15. Ordeal of the Tiger
 Accuser and accused were
placed together in the same and
a tiger set loose upon them.
 If both were spared, further
elimination followed.
 With such means of redress,
there were probably not very
many plaintiffs.
 Practical in Siam.
16. Ordeal by Combat
 Accuser and accused report to a
duel where the winner was
adjudged innocent.
 Those not proficient in weapons
and those who could not afford
to do so could hire champions in
the field to do the fighting for
them.
 This type of ordeal is vividly
dramatized in the movie
“Ivanhoe” based on the novel of
the same title (became the only
legal ordeal)
 Practiced in England, time of
“King Henry III”.
17. Test of the Cross ordeal
 The accuser and accused each
were made to stand with arms
crossed on their breasts.
 The one who endured the
longest was deemed to have told
the truth, the other, is the liar.
 Practiced in Europe.
18. Donkey’s Tail Ordeal
 Psychological theory, the
donkey placed in one room
alone and observed it, and if the
donkey cried is a judged of
guilty of crimes, because deep
in side and conscience he is
guilty.
TYPES OF LIES
Lie- refers to either untruthful or falsehood
statement any act of deceives.
Lying- is an uttering or conveying falsehood,
creating a false or misleading information.
1. White lie/ Benign lie- is used to avoid the
harmful and realistic implication of the
truth. It is basically to lubricate interpersonal
relationship.
2. Black lie – telling an untruth and attributing
it to a false source. A lie who accompanies
pretensions and hypocrisies.
3. Red lie – a lie common to communist
countries. It is used to destroy common
ideologies by means of propaganda.
4. Aggressive lie - are self-serving and may
potentially damage others. Most people
would see them as clearly immoral.
5. Bold-faced lie – lie that is told when it is
obvious to all concerned that it is a lie.
6. Perjury – making verifiably false statement
on a matter under oath in a court of law.
44
 7. Malicious lie – a pure dishonesty to obstruct
justice it is very pure and unjustifiable kind
of lie that is intended purely to mislead.
8. Altruistic lie – are those lies are told to
benefit someone else, to reduce suffering.
Used to comfort, protect and support the
deceived.
9. Pathological lies – are those that are told
even when there is little or no apparent gain
to the person who is lying. A lie made by
persons who cannot distinguish what is right
or wrong.
10. Emergency lies defensive lies – used when
the truth may not be told because of the
harm that would come of it.
11. Humorous lie (Jocose lie) – those aimed at
amusing the listener and any intent to
deceive is transient and teasing.
12. Bluffing – is an act of deception that is not
usually seen as immoral because it take
place in the context of the game.
13. Exaggeration – is when the most
fundamental aspect of a statement is true but
the degree of its truthfulness is incorrect.
14. Minimization – the result of an individual
attempt to dampen the external appearance
of more deeply experienced emotions is
minimization of emotional expression.
15. Neutralization – an effort to mask
emotional response by adapting a poker
face.
16. Substitution – is a common mechanism of
hiding ones true feelings.
17. Promotion lie – a kind of lie used in
advertisements that is used to influence the
consumer to buy the products.
TYPE OF LIARS
Liar- a person who tells lies.
1. Sociopathic liar – are those who lie
continuously to get their own way without
care.
2. Compulsive liar – are those who
continually lies as their habit. They feel
discomfort of telling the truth.
3. Occasional liar – are those who seldom to
tell lie. They are quick to ask forgiveness.
4. Panic liar – are those who lie to avoid the
consequences of confession. They are afraid
of the embarrassments and they believe that
confession will just make the matter worse.
5. Occupational liar – are considered to be
practical liars for they lie when it has a
higher pay off than telling the truth.
6. Tournament liar – are those who love to lie
and excited by the challenges of not being
detected. For them an interview is a contest
that they want to win.
7. Psychopathic liar – are the most difficult
type; these person have no conscience and
show no regret.
8. Ethnological liar – are those who are taught
not to be a squealer.
9. Pathological liar – are those person who
cannot distinguish right from wrong due to
the sick mind.
10. Black liar – are those who always pretend
what he is and what he thinks of himself.
11. White liar – are those who don’t usually
think of themselves as true “liars”. They
justify their lies as harmless and beneficial.
PROCEDURES AND TECHNIQUES IN USING
POLYGRAPH AND OTHER LIE DETECTION
TECHNIQUES
INTERPRETATION AND ANALYSIS AS
INDICATION OF TRUTH AND DECEPTION
USING POLYGRAPH MACHINE AND
OTHER SIMILAR EQUIPMENT
45
 LIMITATIONS AND RELIABILITY OF
POLYGRAPH EXAMINATIONS (2011)
1. It is an invaluable aid but not a substitute for
an investigation.
2. It is not a lie detector but it is a scientific
diagnostic instrument.
3. It does not determine facts; it records
responses in which the subject knows to be
true.
4. It is as accurate as the examiner is competent.
5. The test should not be administered unless
enough facts of the case have been established
to permit the examiner to prepare a complete
set of suitable questions.
6. A test must not be administered without the
voluntary consent of the subject.
7. No indication or presumption of guilt will be
entertained or a written report submitted
because the subject refuses to undergo the test.
8. A test should not be administered until all
accusations have been explained and
understood by the subject.
9. No attempt should be made on the use of
polygraph machine intesting physical or mental
capacity of the subject.
10. The reliability of polygraph examination
depends on the examiner.
POLYGRAPH MACHINE - Is a device that
measures and records physiological variables such as
blood pressure, pulse, respiration and skin
conductivity while the subject is asked and answers
a series of questions
Pneumograph - the component is made up of two
corrugated rubber tubes that wrap around the
examinee’s lower and upper chest area the section
of the instrument records respiratory movements.
The examinee breathing rate and inhalation and
exhalation pattern. The examinee’s normal breathing
pattern and respiratory movement are analyzed
throughout the examination, and the examiner
reviews changes that occur during the structure
examination.
PNEUMOGRAPH COMPONENT
Rubber convoluted tube which is ten (10)
inches in length corrugated rubber attached to
the chest and abdominal area of the subject. One
end of the tube is sealed and the other end is
connected to the instrument by a rather thick
walled rubber tube considerably larger in
diameter than the pneumograph tube itself, it
expands and contracts as the subject breathes.
The beaded chain another component of
the pneumograph assembly is used to fix in
place the rubber convoluted tube.
Pneumograph recording unit is made up
of brass bellows, a frame, crankshaft,
countershaft, adjustable fulcrum, baring
with adjusting screw, pen cradle and pen
centering control. Volume changes of
the chest caused by breathing is
transmitted to the chest assembly to the
recording unit.
Galvanograph (GSR) – the body's response to
electricity was measured and found to be an
indicator of deception due to changes that occur
within the body when a person is deceptive . The
human body’s resistance to and conductance of
electrical current fluctuates, and these fluctuations
that occur during structured questions techniques are
recorded by the polygraph instrument through the
use of two components that are attached to the
pointer and index fingers of the examinee.
GALVANOGRAPH COMPONENT:
• Finger electrodes assembly which has
a finger electrode plate and retainer
bond attached to the left index and ring
finger of the subject. And a connecting
plug designed to fasten the system to the
polygraph machine.
• Recording pen unit which is usually 7
inches in length.
46
 • Amplifier unit which is made to AS ACCEPTED FORMATS USED BY
support the galvanometer in converting SCIENTIFIC COMMUNITY
electrical to mechanical current.
Kymograph- is the motor that drives the chart
paper under the recording pen.

• A motor which drive or pull the paper or

chart under the recording pen at the rate
of 6 to 12 inches per minute. CHART INTERPRETATIONS OF
• The chart must travel at uniform speed POLYGRAPH EVIDENCE BUT NOT
to facilitate valid interpretations. Chart LIMITED TO CHART MARKINGS, RULES
rolls are approximately 100 ft. Holes OF CHART INTERPRETATION,
spaced ½ inch apart. The paper is EVALUATION OF POLYGRAPH RESULTS
imprinted with horizontal lines at ¼ inch
interval twenty (20) divisions and
vertical lines at 1/10 inch interval with
heavy lines at ½ inch divisions across
the paper which represents 5 seconds of
time. Pulse rate per minute may be
computed by multiplying the number of
beats counted in one division by 12.

The Parts of KEYMOGRAPH:

Chart is a rolled graph paper composed of 12
divisions in sixty (60) seconds run designed to
measure the rate of various body functions.
• Rubber roller which pull the paper out
of the machine.
• Paper rail guide serves to secure or
ensure the chart paper’s forward
movement without shaking.

IDENTIFY WHO IS A SUITABLE PERSON TO

UNDERGO POLYGRAPH EXAMINATION
AND ITS LIMITATION

FAMILIAR WITH THE GUIDELINES IN

CONSTRUCTION POLYGRAPH QUESTIONS

47
 CRIME DETECTION AND
INVESTIGATION
FUNDAMENTAL 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.
CRIME SCENE SKETCH- a drawn overlay of
the crime scene indicating the position or exact
location where the body of the victim lie is/
found including the physical evidence.
INTERVIEW – a simple inquiry/ conversation
type elicitation of information(s) from a willing
victim/ witness relevant to a certain crime/
incident/ event under investigation.
INFORMATION- data gathered by an
investigator from other persons including but not
limited to both the suspect and the victims
INTERROGATION-skillful questioning of
hostile witness & suspects.
INSTRUMENTATION-scientific examination
of real evidence; application of
Instrument and other scientific aids or methods
of the physical sciences in detecting crime.
REACTIVE RESPONSE- addresses crimes
that have already occurred.
PROACTIVE RESPONSE- to anticipate
criminal activity; investigation is conducted
before the crime is committed; the suspect is
identified before Committing a crime.
PREVENTIVE RESPONSE- prevention
through deterrence is sometimes achieved by
arresting the criminal and by aggressive
prosecution.
CONFESSION- is a direct acknowledgement of
the truth of the guilty fact as charged or of some
essential part of the commission of the criminal
act itself.
CIRCUMSTANCIAL EVIDENCE-is
identification established indirectly by proving
other facts or circumstances from which, either
alone or in connection with other facts, the
identity of the perpetrator that can be inferred.
ASSOCIATIVE EVIDENCE-are the physical
evidence which may identify the criminal by
means of clues, personal properties, or the
characteristics patterns of procedure deduced
from the arrangement of objects at the scene.
ADMISSION-is a self-incriminatory statement
by the subject falling short of an
acknowledgement of guilt.
SURVEILLANCE - It is the observation of
persons, places, and vehicles for the purpose of
obtaining information concerning the identities
of criminals and their activities.
SURVEILLANT - The surveillant is the person
who conducts the surveillance or performs the
observations.
SUBJECT- The person, place or vehicle being
observed by the surveillant
COVERT Surveillance- when the subject is not
aware that he is being observed.
OVERT SURVEILLANCE – When the
subject is aware that he is being tailed.
SHADOWING or TAILING- It is the act of
shadowing, tailing or following a Person or
persons.
UNDERCOVER OPERATION- it is a police
operation wherein the investigator assumes a
fictitious in order to infiltrate the ranks of the
criminals for the purpose of obtaining
information
INFORMANTS- are a person who provides
privileged information about a person or
organization to an agency. The term is usually
used within the law enforcement world, where
they are officially known as confidential or
criminal informants (CI), and can often refer
pejoratively to the supply of information without
the consent of the other parties with the intent of
malicious, personal or financial gain.
Informant – is a person who gives information
to the police.
48
 TYPES OF INFORMANT
a. Anonymous- Do not wish to be identified
b. Rival- elimination- eliminate competition
c. False- no value
d. Frightened- motivated by anxiety
e. Self-Aggrandizing Informants - an
informant that is conceited, overconfident,
and arrogant.
f. Mercenary Informants – Sales information.
He/she could be one of the members of
syndicate.
g. Double-Crosser Informants - he/she gives
information, but the objective is also to get
more information from the police and their
activities.
h. Women Informants - She could be an
associate of the syndicate. She uses her
body to obtain more information.
i. Legitimate Informants – gives information
for a legitimate reason/s
INFORMER- is a person who gives
information with reward, money or a gift.
MOTIVE - is that which induces the criminal to
act.
• Vanity – for self-aggrandizement in
order to get favorable attention.
• Civic Mindedness – Gives information
because it’s a duty as a concerned
citizen.
• Fear – Gives information in order for
his/her to be protected.
• Repentance or avoidance of
Punishment– Gives information due to
changes of his values, belief, and
convection.
• Gratitude or Remuneration
• Revenge , Jealousy and Competition
INTENT - is the accomplishment of the act.
PRINCIPLES OF CRIMINAL
INVESTIGATION AND TOOLS OF
INVESTIGATION;
1. INFORMATION
It is the knowledge/data which an
investigator acquired from other persons and
records.
CLASSES OF INFORMATION
a. Regular Sources – records, files from
government and non-government agencies, news
items.
b. Cultivated Sources – information
gathered upon initiative of the investigator from
informants, vendors, taxicab driver, GRO, and
others.
c. Grapevine Sources – these are
information coming from the underworld
characters such as prisoners and ex-convicts.
INTERVIEW AND INTERROGATION
INTERVIEW – 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.
This is the questioning of a person
believed to possess knowledge that is in official
interest to the investigator.
INTERROGATION –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.
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
49
  To develop information which will lead  Sister
to the recovery of the fruits of the crime
 Grandparent
 To discover the details of other crimes
participated by the suspect  Grandchild
 Uncle
 Aunt
3. INSTRUMENTATION
 Nephew Niece
It is the application of instruments and
methods of physical science to the detection  Guardian Ward
of crimes. In cases where there are no
significant physical evidence to be found, CHARACTERISTICS OF A GOOD
then the use of instrumentation is relatively INVESTIGATOR
unimportant.  Perseverance
 Endurance
RIGHT OF THE PERSON  Incorruptibility, honesty & integrity
ARRESTED, DETAINED OR  Intelligence & wisdom of Solomon
UNDER CUSTODIAL  Knowledge of psychology & other
INVESTIGATION (RA 7438) natural sciences
a. The right to remain silent  Acting ability
b. The right to have competent and independent  Mastery in oral & written
counsel, preferably of his own choice, who shall communication
at all-time be allowed to confer privately with  Keen power of observation &
the person arrested, detained, or under custodial description
investigation.  Courage
c. If such person cannot afford the service of his  Working knowledge of Criminal law,
own counsel, he must be provided with a Evidence, Criminal procedure & special
competent and independent counsel by the laws
investigating officer.  Sense of justice & fair play
d. Shall be allowed visits by or conferences with  Ability to “read between lines”
any members of his immediate family, or any
 Working knowledge of martial arts &
medical doctor or priest or religious minister
firearms proficiency
chosen by him or by any member of his
immediate family or by his counsel, or by any
QUALITIES OF A GOOD INVESTIGATOR
national non-governmental organization duly
1. Perseverance
accredited by the Commission of Human Rights
2. Intelligence
of by any international non-governmental
3. Honest
organization duly accredited by the Office of the
4. Understanding of the people and
President.
environment
Note: Immediate Family includes:
5. Keen power of observation
 Spouse
 Fiance or Fiances
 Parent
 Cnild
 Brother

50
 INTELLIGENCE CYCLE
SOURCE, RELIABILITY AND
ACCURACY OF INFORMATION
TECHNIQUES, DO'S AND DON'TS IN THE
CONDUCT OF SURVEILLANCE:
UNDERCOVER BACKGROUND
INVESTIGATION;
CODES AND CIPHERS;
TAPPING VS. BUGGING VS.
ELICITATION; NEED TO KNOW.
PRINCIPLE
(REFER TO THE MODULES)
ARREST AND HOW IT IS MADE (RULES
OF COURTS RULE 113 SE. 2)
Section 1. Definition of arrest. — Arrest is the
taking of a person into custody in order that he
may be bound to answer for the commission of
an offense. (1)
Section 2. Arrest; how made. — An arrest is
made by an actual restraint of a person to be
arrested, or by his submission to the custody of
the person making the arrest.
No violence or unnecessary force shall be used
in making an arrest. The person arrested shall
not be subject to a greater restraint than is
necessary for his detention. (2a)
CRIME SCENE PROCESSING; A
COLLECTION OF EVIDENCE AND
CHAIN OF CUSTODY,
CRIME SCENE PHOTOGRAPHY
Main Objective
. To create an accurate objective visual
record of the crime scene before any item is
moved as possible physical evidence.
Guidelines for taking photographs of a
Crime Scene
. Photographs of a crime scene should
be taken as soon as possible, before note taking,
sketching or a search for evidence begins.
. The pictures should illustrate the
original, uncontaminated condition of the crime
scene.
. Photographs should be taken of the
crime scene only, without spectators or
police personnel.
. To adequately present the crime scene
initially, the photographs must form
an organized sequence and show all
relevant locations and objects.
. The crime scene photographs must
progress from general to specific
The Major Types of Pictorial Views
1. Long- range photograph of the
overall scene
Distance: From the doorway to the
room and other corners of the room
2. Mid- range photograph
Distance: Eight or ten feet from the
victim
3. Close- up photograph
The photos that are overview (locale
and approach route)
Mid-range (10-20 feet) tell a story that
helps establish the modus operandi of
the offender.
Close-up photos are essential for
establishing the corpus delicti of a
criminal act.
51
 CRIME SKETCH SPECIFIC KINDS OF SKETCH

 Sketches are useful in questioning of a. Locality- give picture of the scene, the crime
suspects and witnesses as well as in the and its environs, including neighbouring
writing of investigative reports. buildings, roads etc.
 Ground- picture of the scene of the crime with
 A rough sketch is prepared indicating its nearest physical surrounding
the actual measurement of things with c. Details- the immediate scene only
scale and proportion observed and d. Exploded/ cross projection- gives the clear
oriented to the North Pole. All necessary impression of the scene in cases where blood
information are placed in the sketch. stains or bullet holes are found

SKETCHES OF THE SCENE ARE MADE:

• Rough Sketch —A draft representation of all

essential information and measurements at a
crime scene. This sketch is drawn at the crime
scene. It shows all recovered items of physical
evidence, as well as other important features of
the crime scene

• Finished Sketch —A precise rendering of the

crime scene, usually drawn to scale. This type is
not normally completed at the crime scene

• Unlike the rough sketch, the finished sketch is

drawn with care and concern for aesthetic
appearance

 Sketches are excellent companions to

photograph. Where photograph provide
exact details, sketches offer accurate
information about the placement of
objects and they show relationship and
distances between things.

ELEMENTS OF SKETCH;

a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title

52
 SPECIALIZED CRIME INVESTIGATION
1 WITH LEGAL MEDICINE
Criminal Investigation- is an art which deals
with the identity and location of the offender and
prove his guilt in a criminal proceeding. (Dr.
Pedro S. Solis)
Criminal Investigation- it is the systematic
method of inquiry that is more a science than an
art. The logic of scientific method must
however, be supplemented by the investigator's
initiative and resourcefulness. The sequences of
the investigation should be regarded by
scientific, operating framework that requires
improvising on the part of the investigator.
(Charles Swanson Jr., Neil Chamelin and
Leonard Territo)
Art- Intuition, felicity of inspiration or by
chance
Science- adequate professional preparation and
abundance of certain qualities
Investigator- is the person who is charged with
the duty of carrying out the objectives of
criminal investigation.
 is an individual who gathers
documents and evaluates facts
about crime
Special Crime Investigation- deals with the
study of major crimes based on the application
of special investigative techniques.
 the study concentrates more on
physical evidence; it’s
collection, handling,
identification and preservation
in coordination with the various
criminalists in the crime
laboratory. Special crime
investigation involves close
relationship between the
investigator in the field and the
investigator in the laboratory-
the Criminalist.
PRINCIPLES INVOLVED IN CASES OF;
PARRICIDE
Parricide
Any person who shall kill his father,
mother, or child, whether legitimate or
illegitimate, or any of his ascendants or
descendants, or his spouse, shall be guilty of
parricide.
The elements of parricide are:
1. A person is killed by the accused.
2. The person killed is the father, mother
or child (not less than three days old),
whether legitimate or illegitimate, or the
ascendant or descendant or the spouse of
the accused.
The relationship with the other ascendant or
descendant (grandfather or grandson) must
be legitimate. The spouse killed must be
legitimate wife or husband. But the father,
mother or child may be legitimate or
illegitimate. If the child killed is less than
three days old, the crime is infanticide.
EVIDENCE NEEDED TO FILE:
1. TESTIMONIAL EVIDNCE-
Affidavit of complaint and witness.
2. DOCUMENTARY EVIDENCE-
photograph, video, police report, and
other documents
3. OBJECT EVIDENCE – weapons used
and autopsy of slain victim.
4. Other relevant object
53
 MURDER
Any person who, not falling within the
provision of Article 246 (Parricide) of the RPC
shall kill another, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure
or afford impurity.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
street car or locomotive fall of an
airship, by means of motor vehicles or
with the use of any other means
involving great waste and ruin.
4. An occasion of any of the calamities
enumerated in the proceeding paragraph
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic,
or any other public calamity.
5. With evident premeditation.
6. With cruelty, by (deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at
his person or corpse.
The elements of murder are:
1. A killing exists.
2. The accused killed the deceased under
any of the above circumstances
qualifying the killing to murder.
3. The killing does not constitute parricide
or infanticide.
EVIDENCE NEEDED TO FILE:
1. TESTIMONIAL EVIDNCE-
Affidavit of complaint and witness.
2. DOCUMENTARY EVIDENCE-
photograph, video, police report, and
other documents
3. OBJECT EVIDENCE – weapons used
and other forensic reports.
4. Other relevant object
HOMICIDE
Any person who, not falling within the
provisions of Article 246 (Parricide) Revised
Penal Code shall kill another without the
attendance of any of the circumstances
enumerated in Article 248 (Murder) RPC, shall
be deemed guilty of homicide.
The circumstances that qualify the
killing to murder must be alleged in the
information as otherwise the killing may be
considered as merely homicide.
Homicide Investigation - It is the
official inquiry made by the police on the facts
and circumstances surrounding the death of the
person which is expected to be criminal or
unlawful.
The elements of homicide are:
1. A killing exist
2. The accused did the act without legal
justification and with intent to kill
3. The killing is neither murder, parricide
nor infanticide.
Intent to kill is presumed if deaths
results from the unjustified act. If death did not
result from the act, intent to kill is essential to
prove attempted or frustrated homicide
otherwise the crime may be physical injuries
only.
54

DEATH CAUSED IN THE TUMULTUOUS
AFFRAY
Article 251. Death caused in a tumultuous
affray. – When, while several persons, not
composing groups organized for the common
purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a
confused and tumultuous manner, and in the
course of the affray someone is killed, and it
cannot be ascertained who actually killed the
deceased, but the person or persons who
inflicted serious physical injuries can be
identified, such person or persons shall be
punished by prison mayor. If it cannot be
determined who inflicted the serious physical
injuries on the deceased, the penalty of prison
correctional in its medium and maximum
periods shall be imposed upon all those who
shall have used violence upon the person of the
victim. (Act 3815, Revised Penal Code)
2. Elements of the offense
Elements of the offense:
1) That there be several persons;
2) That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally;
3) That these several persons quarrelled and
assaulted one another in a confused and
tumultuous manner;
4) That someone was killed in the course of the
affray;
5) That it cannot be ascertained who actually
killed the deceased; and,
6) That the person or persons who inflicted
serious physical injuries or who used violence
can be identified. (Wacoy v. People, supra.)
INFANTICIDE
It refers to the killing of any child less
than three (3) days old.
Elements:
 That a child was killed;

That the deceased child was less
than three (3) days of age;
 That the accused killed the said
child.
EVIDENCE NEEDED TO FILE:
1. TESTIMONIAL EVIDNCE-
Affidavit of complaint and witness.
2. DOCUMENTARY EVIDENCE-
photograph, video, police report, and
other documents
3. OBJECT EVIDENCE – weapons used
and autopsy of slain victim.
4. Other relevant object
ABORTION
ARTICLE 256. Intentional abortion. — Any
person who shall intentionally cause an abortion
shall suffer:
1. The penalty of reclusion temporal, if he shall
use any violence upon the person of the pregnant
woman.
2. The penalty of prision mayor if, without using
violence, he shall act without the consent of the
woman. Act No. 3815
3. The penalty of prision correccional in its
medium and maximum periods, if the woman
shall have consented
ARTICLE 257. Unintentional abortion. — The
penalty of prision correccional in its minimum
and medium period shall be imposed upon any
person who shall cause an abortion by violence,
but unintentionally.
ARTICLE 258. Abortion practiced by the
woman herself or by her parents. — The penalty
of prision correccional in its medium and
maximum periods shall be imposed upon a
woman who shall practice abortion upon herself
or shall consent that any other person should do
so. Any woman who shall commit this offense
to conceal her dishonor, shall suffer the penalty
of prision correccional in its minimum and
medium periods. If this crime be committed by
the parents of the pregnant woman or either of
55
them, and they act with the consent of said
woman for the purpose of concealing her
dishonor, the offender shall suffer the penalty of
prision correccional in its medium and
maximum periods.
ARTICLE 259. Abortion practiced by a
physician or midwife and dispensing of
abortives. — The penalties provided in article
256 shall be imposed in its maximum period,
respectively, upon any physician or midwife
who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or
assist in causing the same. Any pharmacist who,
without the proper prescription from a physician,
shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.
EVIDENCE NEEDED TO FILE:
1. TESTIMONIAL EVIDNCE-
Affidavit of complaint and witness.
2. DOCUMENTARY EVIDENCE-
photograph, video, police report, and
other documents
3. OBJECT EVIDENCE – weapons used
and other forensic reports.
4. Other relevant object
PHYSICAL INJURIES
RAPE
IDENTIFICATION, COLLECTION,
MARKING/TAGGING AND
PRESERVATION OF PHYSICAL
EVIDENCE
a. COLLECTION – As an
evidence is collected, it is
individually marked with the
initials of the investigator. The
marking tool depends upon the
nature of the evidence. If it is a
hard object such as metals, the
initial are scratched or engraved
by the use of sharp-pointed steel
which is called stylus.
RULE OF INCLUSIVENESS
- dictates that every available piece of
evidence be obtained and where there is a
question as to whether or not a particular item
constitutes an evidence, define it as such
- it also requires that standard samples
and elimination prints should always be obtained
when appropriate
Special Methods of Collecting Specific
Physical Evidence
1. Blood
2. Fingerprints
3. Bullets & Fired Cases
4. Firearms, knives & Tools
5. Hair & Fibers
b. MARKING – Every collected evidence
is marked. If they are of the same class or type
such as .45 caliber fired empty shells, they are
marked consecutively such as: RMB 1, RMG 2,
RMG 3 and so forth and so on. Evidence which
by their nature could not be marked on each
surface such as: RMB 1, RMG 2, RMG 3 and so
forth and so on. Evidence which by their nature
could not be marked on each surface such as
blood, hairs, fibers, are placed in the plastic
container where that container is then marked.
METHODS OF MARKING SPECIFIC
KINDS OF EVIDENCE
a. GUNS – Revolvers must be marked
separately on the frame, butt, cylinder, barrel
and stock. For rifles, they should be marked on
the barrel, frame bolt or slide. All magazines and
accessories shall also be marked.
b. REVOLVER CYLINDER – Aside
from the mark on the cylinder, the chamber
facing the firing pin must be marked as soon as
it is opened for examination. A drawing must
depict the chamber facing the firing pin, the
respective position of the fire empty shell,
misfired or dud cartridges. A detailed
examination on the respective position of this
56
evidence could make or unmake a claim of self-
defense.
The posterior face of the cylinder must
also be depicted in a sketch to show the
respective positions of the smoke rings therein.
Each chamber containing a fired empty shell
will exhibit this smoke rings at the posterior
portion of the chambers. When there is
discrepancy, the investigator must look for the
answer. The revolver may have been touched or
tampered.
The direction of the rotation of the cylinder must
also be sketched and noted. Colt revolvers have
a clockwise direction of rotation of the cylinder.
Smith and Wesson revolvers have a counter
clockwise direction of cylinder rotation.
c. FIRED EMPTY SHELLS, MISFIRED
CARTRIDGES – Strictly regulation say they
must be marked inside the mouth in cases of
fired empty cartridges. It is nearly impossible to
mark them inside the mouth, especially .22
caliber shells. But they could be marked on the
side of the body of the shells, not on the base.
d. BULLETS OR SLUGS – They can be
marked on the give or nose, avoiding the land
and groove marks. They could also be marked
on the base.
c. TAGGING – Every piece of evidence
that is collected and marked must be tagged. A
card is attached by a string to the evidence with
the proper entry of identification and description
together with the reference to the specific case.
d. PRESERVATION – perishable
material should be preserved by the way or the
methods of preservation in order that they will
reach the court in the same physical condition as
when they were collected from the crime scene.
This is the work of laboratory technician.
Necessary Preservation Materials
1. Gloves
2. Face Mask
3. Preservation line/Straw/Police Line
4. Chalk
5. Camera
6. Notepad and Pen
7. Hair Net
CHAIN OF CUSTODY
It refers to the number of persons who
handled the evidence from the time of its
discovery up to the ultimate disposition of the
case. This should be minimizing as much as
possible.
The basic rule is to limit the chain of
custody to avoid tampering, substitution or loss.
If the evidence needs laboratory examination,
the investigator must submit direct to the
laboratory without delegating it to other person.
The submission is accompanied by a written
request and to be officially receipted by the
receiving officer of the laboratory. The receipt
must have the legible identification of the
receiver, together with his signature, time and
date of receipt.
If the evidence requires no laboratory
examination, it must be submitted to the
Evidence Custodian duly receipted.
ALTERATION OF EVIDENCE
It is the act of mutilating, altering and
contaminating physical evidence.
1. Intentional Damage
Evidence should be protected against
malicious destruction.
2. Negligence & Accident
Utmost care against accidental markings
on documents, breakage and destruction of
fragile materials must be observed.
3. Natural Cause
Exposure of some evidences may result
to its deterioration. High temperature and
humidity may affect certain types of evidence
57
 Cases Falling Under the SOCO Category
a. Arson
b. Homicide
c. Murder
d. Robbery with Homicide
TYPES AND CLASSIFICATION OF;
OPEN WOUNDS - is a break in the skin's
surface resulting in external bleeding
1. Incised wound - (Cut, Slash, Slice)-
This produced by a sharp-edged
(cutting) or sharp linear edge of the
instrument like knife.
2. Laceration - (Tear, rupture, Stretch
“Putok) - Is a tear of the skin and
underlying tissues due to the forcible
contact with a blunt instrument.
3. Abrasion - Abrasion (scratch, graze,
friction or impression mark) injury
characterized by the removal of the
superficial epithelial layer of the skin caused
by a rub or friction against a hand rough
surface.
FORM OF ABRASION:
a. Linear – appears a single site abrasion
b. Multi-linear – rubbed on hard rough
object
c. Confluent – linear mark of skin.
d. Multiple – several abrasion in different
part of body.
3.
4. Puncture wound - Is the result of a thrust
of a sharp pointed instrument.
5. Stab Wound - Produced by the
penetration of a sharp pointed and sharp
edge instrument, like dagger.
6. Gunshot wound - caused by a bullet or
similar projectile driving into or through the
body. There may be two wounds, one at the
site of entry and one at the site of exit
generally referred to as through and through.
CLOSED- WOUNDS - the skin is not broken
open and remains intact.
1. Superficial
a. Petechiae – this is a circumscribed
extravagation of blood in the subcutaneous
tissue or underneath the mucous membrane.
The cause of passage of blood from the
capillaries may be due to the increase intra-
capillary pressure or increased permeability
of the vessel. It is not always a product of
trauma.
b. Contusion – is the effusion of blood
into the tissues underneath the skin on
account of the rupture of the blood vessels
as results of application of blunt force or
violence.
When the blunt force is applied, it
momentarily compresses the blood vessels
at the point of contact, thereby temporarily
forcing the blood out of the area and setting
up a fluid wave under pressure resulting to
the rapture of the vessel.
In medico-legal point of view, a
contusion as indicated by its external pattern
may correspond to the shape of the object or
weapon used to produce it and possible
degree of violence applied.
AGE OF CONTUSION
1 day – red
st
2-5 days – green
6-10 days – yellow
14-15 days –gradually disappear
c. Hematoma (Blood Cyst, Blood tumor) – is
the extravagation or effusion of blood in a
newly formed cavity underneath the skin.
The force applied causes the subcutaneous
tissue to rapture on account of the presence
pf a hard structure underneath. The
destruction of the subcutaneous will lead to
the accumulation of blood causing it to
elevate.
2. Deep
a. Musculo-Skeletal Injuries
58
1. Sprain- partial or complete disruption in the
continuity of muscular or ligamentous
support of a joint. It is due to blow, kick or
torsion force.
2. Dislocation- displacement of the articular
surface of bones entering into the formation
of a joint.
3. Fracture- solution of continuity of bone
resulting from violence or some existing
pathology.
4. Strain- the over-stretching, instead of an
actual tearing or the rapture of a muscle or
ligament which may not be associated with
the joint.
5. Subluxation- incomplete or partial
dislocation.
b. Internal Hemorrhage – this is due the
rapture of the blood vessels.
c. Cerebral Concussion – is the jarring or
stunning of the brain characterized by more or
less complete suspension of its functions, as a
result of injury to the head, which leads to some
commotion of the cerebral substance.
1. CHANGES IN THE BODY OF THE
DEAD PERSON
Changes in the Muscle – there is complete
relaxation of the whole muscular system after
death. The entire muscular system is contractile
for three to six hours after death and later
rigidity sets in.
Stages of the entire muscles tissues
pass after death:
1. Stage of primary flaccidity (post –
mortem muscular irritability) – muscle
are relaxed and capable of contracting
when stimulated.
2. Stage of post mortem rigidity
(cadaveric rigidity or rigor mortis) –
whole body becomes rigid due to the
contraction of the muscles. This
develops 3 to 6 hours and may last 24 to
36 hours.
Condition Stimulating Rigor Mortis
A. Heat Stiffening – The muscle
protein of a dead body will
coagulate if it is exposed to 75
degrees Fharenhieght
temperature and cause the
muscle to be rigid.
B. Cold Stiffening – If a body will
be frozen the stiffening may be
manifested, the cold stiffening is
due to the solidification of fat
when the body is exposed to
freezing temperature.
C. Cadaveric Spasm or
Instantaneous Rigor – Due
extreme nervous tension,
exhaustion and injury to the
nervous system or injury to the
chest, instantaneous rigidity of
the muscles will occur at the
moment of death.
3. Stage of secondary flaccidity or
commencement of putrefaction – after
the disappearance of rigor mortis,
muscle becomes flaccid and soft, no
longer capable of responding to
mechanical or electrical stimulus. This
is due to the dissolution of the muscle
proteins which have previously been
coagulated during the period of rigor
mortis.
Changes in the Blood after death
A. Coagulation of the Blood - Blood
will coagulate due to the cessation of
circulation. The clotting of blood is slow
and blood may remain fluid inside the
blood vessels after death for 6 to 8
hours.
59
 B. Post –mortem Lividity or
Cadaveric Lividity, or Post –mortem
Suggilation or Pos-mortem Hypostasis
or Liver Mortis - The stoppage f the
heart action and the loss of tone of blood
vessels cause the blood to be under the
influence of gravity. Blood begins to
accumulate in the most dependent
positions of the body. If the body is
lying on his back, the lividity will
develop on the back.
Physical characteristics of Postmortem
Lividity
1. It occurs in most extensive areas of the
most dependent positions of the body.
2. It only involves the superficial layer of
the skin.
3. It does not appear elevated form the rest
of the skin.
4. The color is uniform but the color may
be become greenish at he start of
decomposition.
5. There is no injury of the skin
Kinds of Cadaveric Lividity
1. Hypostatic Lividity – lividity is still
fluid in from and still inside the blood
vessels.
2. Diffusion Lividity – blood coagulated
inside the blood vessels or has diffused
into the tissues of the body.
Putrefaction of the Body
Putrefaction – it is the breaking down
of the complex proteins into simpler
components associated with the
evolution of foul smelling gasses and
accompanied by the change of color of
the body.
Tissues changes in Putrefaction
DETERMINE THE ACTS CONSTITUTING
1. Changes in the color of the tissue –
There is hemolytic of the blood within
the blood vessels and as a result of
which hemoglobin is liberated after
death.
2. Evaluation of gases in the tissues –
The offensive odor is due to the gases.
Carbon dioxide, ammonia, hydrogen,
sulphurated hydrogen, phosphoretted
hydrogen and methane gases are
formed.
3. Liquefaction of the soft tissues – As
decomposition progress, the soft tissues of
the body undergo softening and liquefaction.
FOOD POISONING:
 Non-specific bacterial origin – (ptomaine
poisoning –decomposition of food)
 Specific bacterial origin – (salmonella)
 Botulism – (uncooked food)
DEGREES OR CHARACTERISTICS OF
BURN
1. First Degree- there is erythema or
simple redness of the skin associated
with superficial inflammation and slight
swelling which may subside after a few
hours or may last for several days.
2. Second Degree- there is vesicle
formation with acute inflammation.
3. Third Degree- there is destruction of
the cuticle and part of the true skin.
4. Fourth Degree- the whole skin is
destroyed with formation of slough
which is yellowish-brown or parchment-
like.
5. Fifth Degree- there is involvement of
the deep fascia and muscles.
6. Sixth Degree- there is charring of the
limb involving subjacent tissues, organs
and bone.
VIOLATION OF;
60
 R.A. 8049
AN ACT REGULATING HAZING AND
OTHER FORMS OF INITIATION RITES
IN FRATERNITIES, SORORITIES, AND
OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR
(https://lawphil.net/statutes/repacts/ra1995/ra
_8049_1995.html)
AS AMENDED BY;
R.A. 11053
AN ACT PROHIBITING HAZING AND
REGULATING OTHER FORMS OF
INITIATION RITES OF FRATERNITIES,
SORORITIES, AND OTHER
ORGANIZATIONS, AND PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8049,
ENTITLED “AN ACT REGULATING
HAZING AND OTHER FORMS OF
INITIATION RITES IN FRATERNITIES,
SORORITIES, AND ORGANIZATIONS
AND PROVIDING PENALTIES
THEREFOR”
R.A. 8353
AN ACT EXPANDING THE DEFINITION
OF THE CRIME OF RAPE,
RECLASSIFYING THE SAME AS A
CRIME AGAINST PERSONS, AMENDING
FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES
Section 1. Short Title. - This Act shall be
known as "The Anti-Rape Law of 1997."
(https://lawphil.net/statutes/repacts/ra1997/ra_83
53_1997.html)
AS AMENDED BY;
R.A. 11648
AN ACT PROMOTING FOR STRONGER
PROTECTION AGAINST RAPE AND
SEXUAL EXPLOITATION AND ABUSE,
INCREASING THE AGE FOR
DETERMINING THE COMMISSION OF
STATUTORY RAPE, AMENDING FOR
THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS
"THE REVISED PENAL CODE,"
REPUBLIC ACT NO. 8353, ALSO KNOWN
AS "THE ANTI-RAPE LAW OF 1997,"
AND REPUBLIC ACT NO. 7610, AS
AMENDED, OTHERWISE KNOWN AS
THE "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE,
EXPLOITATION AND DISCRIMINATION
ACT"
Section 1. Article 266-A (1)(d) of Act No. 3815,
otherwise known as "The Revised Penal Code,"
as amended by Republic Act No. 8353 known as
"The Anti-Rape Law of 1997," is hereby further
amended to read as follows:
"Article 266-A. Rape; When and How
Committed. - Rape is committed:
"1) By a person who shall have carnal
knowledge of another person under any of the
following circumstances
(https://lawphil.net/statutes/repacts/ra2022/ra_11
648_2022.html)
R.A. 7877
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSE
61
SECTION 1. Title. – This Act shall be known
as the “Anti-Sexual Harassment Act of 1995.”
(https://www.officialgazette.gov.ph/1995/02/14/
republic-act-no-7877/)
R.A. 11313
AN ACT DEFINING GENDER-BASED
SEXUAL HARASSMENT IN STREETS,
PUBLIC SPACES, ONLINE,
WORKPLACES, AND EDUCATIONAL OR
TRAINING INSTITUTIONS, PROVIDING
PROTECTIVE MEASURES AND
PRESCRIBING PENALTIES THEREFOR
Section 1. Short Title. -This Act shall be known
as the "Safe Spaces Act".
(https://lawphil.net/statutes/repacts/ra2019/ra_11
313_2019.html)
LAWS ON HUMAN TRAFFICKING
R.A. 9208
AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER
Section 1. Title. This Act shall be known as
the "Anti-Trafficking in Persons Act of
2003".
(https://lawphil.net/statutes/repacts/ra2003/ra_92
08_2003.html)
R.A. 10364
AN ACT EXPANDING REPUBLIC
ACT NO. 9208, ENTITLED “AN ACT TO
INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS AND
FOR OTHER PURPOSES”
SECTION 1. Short Title. – This Act shall be
known as the “Expanded Anti-Trafficking in
Persons Act of 2012”.
(https://www.officialgazette.gov.ph/2013/02
R.A.11862
AN ACT STRENGTHENING THE
POLICIES ON ANTI-TRAFFICKING IN
PERSONS, PROVIDING PENALTIES FOR
ITS VIOLATIONS, AND APPROPRIATING
FUNDS THEREFOR, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 9208,
AS AMENDED, OTHERWISE KNOWN AS
THE “ANTI-TRAFFICKING IN PERSONS
ACT OF 2003”, AND OTHER SPECIAL
LAWS
SECTION 1. Short Title. – This Act shall be
known as the “Expanded Anti-Trafficking in
Persons Act of 2022”.
(https://lawphil.net/statutes/repacts/ra2022/pdf/r
a_11862_2022.pdf)
TERRORISM
(https://www.officialgazette.gov.ph/download
s/2020/06jun/20200703-RA-11479-RRD.pdf)
62
 SPECIALIZED CRIME INVESTIGATION
2 WITH INTERROGATION AND
INTERVIEW
ROBBERY
The law on robbery in the Philippines can be
found on the following articles of the Revised
Penal Code:
Article 293
Who are guilty of robbery – Any person who,
with intent to gain, shall take any personal
property belonging to another, by means of
violence or intimidation of any person, or using
force upon anything shall be guilty of robbery.
Elements of Robbery:
1. Unlawful taking of personal property
2. The property must belong to another
3. The taking is done with violence against
an intimidation of any person of force
upon things
4. The taking is with intent to gain
BRIGANDAGE
Brigands, also known as Highway
Robbers, are a group of more than three armed
persons forming a band of robbers for
the purpose of committing robbery in the
highway, or kidnapping persons for the purpose
of extortion or to obtain ransom or for any other
purpose to be attained by means of force and
violence.
According to the Anti-Piracy and Anti-
Highway Robbery Law of 1974, Brigandage is
the seizure of any person for ransom,
extortion or other unlawful purposes, or the
taking away of the property of another by means
of violence against or intimidation of
person or force upon things of other
unlawful means, committed by any person on
any Philippine Highway.
THEFT
According to the 1930 Revised
Penal Code of the Philippines, theft is
committed by any person who, with intent to
gain but without violence against or intimidation
of neither persons nor force upon things, shall
take personal property of another without the
latter's consent.
Theft is also committed by the
following
1. Any person who, having found lost property,
shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously
damaged the property of another, shall remove
or make use of the fruits or object of the damage
caused by him;
3. Any person who shall enter an enclosed estate
or a field where trespass is forbidden or which
belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall
gather cereals, or other forest or farm products
USURPATION
Usurpation is the occupation of real
property or any real rights in property belonging
to another by means of violence against or
intimidation of person(RA 3815, 1930, Section
312). According to the Revised Penal Code of
the Philippines (1930) this includes altering
boundaries or landmarks (RA 3815, 1930,
Section 313).The elements of the offense are:1.
Occupation of another’s real property or
usurpation of a real right belonging to another
Person;2. Violence or Intimidation should
be employed in possession the real
property or in usurping the real, trial.3. The
accused should be animated by the intent to gain
CULPABLE INSOLVENCY
Also known as fraudulent insolvency.
It is committed by any person who abscond
with his property to the prejudice of his
creditors. Insolvency refers to situations where
a debtor cannot pay the debts she owes.
Culpable Insolvency is the fraudulent
disposal or concealment and or disposal of
properties of a debtor to defraud his
creditors. Swindling also known as Estafa, it is
an act of defrauding another person
SWINDLING AND OTHER DECEIT
Swindling, commonly known as "estafa" in
the Philippines, is a crime against property that
involves deceit, fraud, or false pretences. It is
primarily governed by the Revised Penal Code
(RPC) of the Philippines, specifically under Title
Thirteen on "Crimes Against Property."
63
 Estafa is the act of defrauding another by
using deceit, false pretences, or fraudulent acts.
It can involve misappropriating money, goods,
or any other personal property.
CHATTEL MORTGAGE
Therein, the condition being that the sale
shall be void upon the seller paying to the
purchaser a sum of money or doing some
other act named. If the condition is performed
according to its term the mortgage and
sale immediately become void, and the
mortgagee thereby divested of his title.
Offenses Involving Chattel Mortgage
According to the Revised Penal Code of
the Philippines (1930), the following are
considered offenses involving Chattel mortgage.
1. Knowingly removing personal property
mortgaged to any province or city other than
the one in which it was located at the
time of the execution of the mortgage without
the written consent.
2. Selling or pledging personal property
already mortgaged or any part thereof,
under the terms of the Chattel Mortgage
Law without the consent of the mortgage
written on the black of the mortgage and duly
recorded in the CM Register
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTION
Section 1. Arson. Any person who burns or sets
fire to the property of another shall be punished by
Prision Mayor.
The same penalty shall be imposed when a person
sets fire to his own property under circumstances
which expose to danger the life or property of
another.
Section 2. Destructive Arson. The penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any ammunition factory and other
establishment where explosives,
inflammable or combustible materials are
stored.
2. Any archive, museum, whether public
or private, or any edifice devoted to
culture, education or social services.
3. Any church or place of worship or other
building where people usually assemble.
4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance for
transportation of persons or property
4. Any building where evidence is kept for
use in any legislative, judicial,
administrative or other official
proceedings.
5. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theatre or movie
house or any similar place or building.
6. Any building, whether used as a
dwelling or not, situated in a populated or
congested area.
Section 3. Other Cases of Arson. The penalty of
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the
following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard,
oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland,
growing crop, grain field, orchard,
bamboo grove or forest;
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 4. Any rice mill, sugar mill, cane mill or
mill central; and
5. Any railway or bus station, airport,
wharf or warehouse.
Section 4. Special Aggravating Circumstances in
Arson. The penalty in any case of arson shall be
imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or
more persons.
Section 5. Where Death Results from Arson. If by
reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death
shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of
the following circumstances shall constitute prima
facie evidence of arson:
1. If the fire started simultaneously in
more than one part of the building or
establishment.
2. If substantial amount of flammable
substances or materials are stored within
the building note necessary in the business
of the offender nor for household us.
3. If gasoline, kerosene, petroleum or
other flammable or combustible
substances or materials soaked therewith
or containers thereof, or any mechanical,
electrical, chemical, or electronic
contrivance designed to start a fire, or
ashes or traces of any of the foregoing are
found in the ruins or premises of the
burned building or property.
4. If the building or property is insured for
substantially more than its actual value at
the time of the issuance of the policy.
4. If during the lifetime of the
corresponding fire insurance policy more
than two fires have occurred in the same
or other premises owned or under the
control of the offender and/or insured.
5. If shortly before the fire, a substantial
portion of the effects insured and stored in
a building or property had been withdrawn
from the premises except in the ordinary
course of business.
6. If a demand for money or other
valuable consideration was made before
the fire in exchange for the desistance of
the offender or for the safety of the person
or property of the victim.
Section 7. Conspiracy to commit
Arson. Conspiracy to commit arson shall be
punished by Prision Mayor in its minimum period.
MALICIOUS MISCHIEF
Malicious mischief are attempts against
another's property inspired sometimes by hatred
or desire for revenge and sometimes by
the mere pleasure of destroying. According
to the Revised Penal Code of the Philippines,
Any person who shall deliberately cause the
property of another any damage not failing
within the terms of the next preceding chapter
shall be guilty of malicious mischief. The
elements of the crime of malicious mischief
are:• That the offender deliberately caused
damage to the property of another;• That such
act does not constitute arson or other
crimes involving destruction;• That the act of
65
demanding another's property be committed
merely for the sake of damaging it
RELEVANT SPECIAL PENAL LAWS
ANTI-MONEY LAUNDERING
RA 9160
itself, can sustain a conviction even in capital
offenses. While,
Extra-judicial confession- is one made
in any other place or occasion and cannot sustain
a conviction unless corroborated by evidence of
the corpus delicti.

RA 9194
INTERROGATION
RA 10167
INTERROGATION –is a questioning
RA 10365 of a person suspected of having committed an
offense or a person who is reluctant to make full
RA 1092 disclosure of information in his possession
which is pertinent to the investigation.
INTELLECTUAL PROPERTY ACT
What are the purposes of Interrogation?
a. To obtain confession to the crime
(RA 8293 AS AMENDED BY RA 10372) b. To induce the suspect to make
RA 10591 COMPREHENSIVE FIREARMS admission
AND AMMUNITION ACT c. To learn the facts of the crime
PD 1612 ANTI-FENCING LAW d. To learn the identity of the accomplice
PD 533 ANTI- CATTLE RUSTLING LAW e. To develop information which will lead
RA 10168 to the recovery of the fruits of the crime
f. To discover the details of other crimes
participated by the suspect
KINDS OF INTERROGATION
INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of
SYMPTOMS OF GUILT mind. The investigator should provide
emotional stimuli that will prompt the subject to
unburden himself by confiding. Analyze the
subject’s personality and decide what motivation
would prompt him to tell the truth, and then
provide those motives through appropriate
emotional appeals.
CONFESSION Sympathetic appeal
The requirements are: The suspect may feel the need for
a. It must be supported by other sympathy or friendship when he is apparently in
corroborative evidence. trouble. Gestures of friendship may win his
b. Corpus delicti must be established cooperation.
separately, and
c. The confession must be voluntary. Kindness
The simplest technique is to assume that
Compare the two (2) kinds of confession. the suspect will confess if he is treated in a kind
Judicial confession- is one made before and friendly manner.
a court in which the case is pending and in the Extenuation
course of legal proceedings therein and, by

66
 The investigator indicates he does not
consider his subject’s indiscretion a grave
offense.
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.
Mutt and Jeff
Two (2) Agents are employed.
 Mutt, 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.
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.
Pretense of Physical Evidence
The investigator may pretend that
certain physical evidence has found by
laboratory experts against him.
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. The subject may
be unnerved to the extent of confessing:
INTERVIEW
INTERVIEW
Is a conversation with a purpose,
motivated by a desire to obtain certain
information from the person being interviewed
as to what was either done, seen, felt, heard,
tasted, smell or known.
This is the questioning of a person
believed to possess knowledge that is in official
interest to the investigator.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No
law compels a person to talk to the police if he
does not want to. Therefore, people will have to
be persuaded, always within legal and ethical
limits, to talk to law enforcers.
This makes interviewing an art.
I.R.O.N.I.C. FORMAT
The interview of a 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.
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What are the rules to be observed in
questioning?
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
CONFESSION– is the direct acknowledgement
of guilt arising from the commission of a crime.
Types of Confession
a. Extra-Judicial Confession – those
made by the suspect during custodial
investigation.
b. Judicial Confession– 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
1. Confession or admission must be taken
preferably in writing and under oath
2. It must be written in the language
known and understood by the accused, if
not it must be clearly translated
3. It must be freely and voluntary given by
the accused
4. Under the New Constitution, it must be
taken in the presence of competent and
independent counsel chosen by the
accused
DYING DECLARATION
Dying Declaration or Ante Mortem Statement
 Questions to be asked on the dying
person:
 What is your name, address and
other personal circumstances?
 Do you believe that you are
about to die?
 Do you have any hope of
recovery from your injuries?
 Tell me how you were injured.
 Tell me the name and
description of the person who
injured you.
 Do you swear to the truth f your
statement?
PART OF FIES GESTAE
SEC. 42. Part of res gestae. — Statements made
by a person while a startling occurrence is taking
place or immediately prior or subsequent thereto
with respect to the circumstances thereof, may
be given in evidence as part of the res gestae.
So, also, statements accompanying an equivocal
act material to the issue, and giving it a legal
significance may be received as part of the res
gestae.
A declaration is deemed part of the res
gestae and is admissible as an exception to the
hearsay rule when the following requisites are
present: (1) the principal act, the res gestae, is a
startling occurrence; (2) the statements were
made before the declarant had time to contrive
or devise; and (3) statements must concern the
occurrence in question and its immediately
attending circumstances.7
In this case, we find that all the
requisites are present. The shooting incident is a
startling occurrence, and the statements of
Belen, which concern the shooting incident as he
was identifying his assailants, were given before
he had time to contrive or devise a false
statement. The mere fact that it took Belen three
(3) days before he was able to give his statement
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does not remove such statement as part of res
gestae.

There are two tests in applying the res

gestae rule to determine whether or not
statements should be admissible as part of res
gestae: (1) the act, declaration or exclamation is
so intimately interwoven or connected with the
principal fact or event that it characterizes as to
be regarded as a part of the transaction itself;
and (2) the evidence clearly negates any
premeditation or purpose to manufacture
testimony.8 To ascertain whether the evidence
negates fabrication, spontaneity of the
statements must be determined.

Res gestae comprehends a situation

which presents a startling or unusual occurrence
sufficient to produce a spontaneous and
instinctive reaction, during which interval
certain statements are made under such
circumstances as to show lack of forethought or
deliberate design in the formulation of their
content.9 As long as the statements were made
voluntarily and spontaneously so nearly
contemporaneous as to be in the presence of the
occurrence, although not precisely concurrent in
point of time, such must be admissible as part
of res gestae, if the statements were made under
circumstances which exclude the idea of design
or deliberation.10 While there is no hard and fast
rule, this Court has considered a number of
factors to determine spontaneity. In People v.
Estibal, the Court held:

69
 TRAFFIC MANAGEMENT AND Agencies Concerned:
ACCIDENT INVESTIGATION WITH
DRIVING 1. DPWH - responsible for determining
Traffic traffic law, pattern, draw, origin, and
 It refers to the movement of persons, destinations, studies of persons and
goods, or vehicles, either powered by things, planning, approving, funding and
combustion system or animal drawn, construction of national roads
from one place to another for the  Provincial Government
purpose of travel.  Municipal Government
 It was derived from the word trafficare /  Chartered Cities
traffico which mean “to carry on trade”.
Management B. TRAFFIC EDUCATION
 It refers to the skillful use of means to  It is the process of giving
accomplish a purpose. training and practice in the
Accident actual application of traffic
 Any unexpected occurrence which safety knowledge.
results to unintended death, injury or Safety Training
damage to property.  The three principles that have
Traffic Accident been emphasized as effective in
– Any accident involving travel the prevention of traffic
transportation on a traffic way. accidents are known as the three
Traffic Accident Investigation (3) E’s of traffic: engineering,
– Systematic process of establishing education, and enforcement.
facts and circumstances pertaining to a traffic
accident. FOUR BASIC TYPES OF INSTRUCTION
METHODS USED IN DRIVER
PILLARS OF TRAFFIC EDUCATION PROGRAM
A. ENGINEERING
B. EDUCATION 1. Comprehensive
C. ENFORCEMENT  This method places the student
D. ECOLOGY / ENVIRONMENT into real life of driving situation
E. ECONOMY from the beginning.
2. Traditional Instruction
A. TRAFFIC ENGINEERING  This type of instructions
 It is the science of measuring traffic and depends on instruction-student
travel. communication.
 It is the study of the basic laws relative to 3. Commentary Driving Method
traffic law and regulations.  The student-driver accompanied
 It is the application of this knowledge to by an instructor.
the professional practice of planning, 4. Simulated Conditions and Off the
deciding and operating traffic system to Road Training
achieve safe and efficient transportation of  The behavior of the driver –
persons and goods. subject placed in condition will

70
 be relatively analogous to
normal behavior.
TWO METHODS OF SIMULATION
PRESENTLY ADOPTED ARE:
1. Partial Simulation Method
This method has the specific aim of
training for the “subtask” of the driving task.
2. Global Simulation
Training is simulated in traffic situations
and conditions with the use of simulations.
Simulator
- It is a static machine with all the
important features of a car used in driving
method or driving training.
Biorhythm
- The theory which asserts that man
exhibits a constant difference of life energy and
mood states.
C. TRAFFIC ENFORCEMENT
 This field deals mostly on the
implementation and enforcement of
traffic laws and rules and regulations.
 This is a part of enforcement involving
the arrest, issuance of Temporary
Operator’s Permit (TOP) or Inspection
Report Summons, or warning of any
persons who is believed to have violated
a law, ordinance, or regulation
pertaining to the use of traffic roads.
AGENCIES RESPONSIBLE IN TRAFFIC
ENFORCEMENT
1. Department of Transportation and
Communication (DOTC) – responsible
in policy making, planning,
programming, coordinating,
implementing, regulating traffic affairs.
2. Land Transportation Office (LTO) –
responsible for (1) registration of motor
vehicle, (2) issuance of driver license
and (3) enforcement.
3. Land Transportation Franchising and
Regulatory Board (LFTRB)-
responsible to prescribe and regulate
transport routes, grant, deny and
suspend or cancel land transport
franchises.
4. MMDA – traffic enforcement within
Metro Manila Area
5. Local Government Unit‘s (LGU’s)-
responsible in setting the policies
concerning traffic within their respective
provincial, city or municipality.
FUNCTIONS OF TRAFFIC LAW
ENFORCEMENT
1. Police Traffic Law Enforcement
 This is performed by the police
and other agencies; includes
detection and apprehension
2. Court Traffic Law Enforcement
 This is performed by the court
by prosecution, adjudication,
and penalization.
Kinds of Enforcement ACTION
1. Traffic Arrest
– consists of taking a person
into custody for the purpose of holding or
detaining him to answer a charge of law
violation before a court.
 Arrest is made when:
 Offense committed is serious
 Detention is necessary to avoid continued
violation
 There is reasonable doubt that the violator
will not appear in court.
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 2. Traffic Citation
– is made of having violator
appear in court without physical arrest.
THREE (3) TYPES OF TRAFFIC
CITATION
a. Temporary Operator’s Permit (TOP)
– A traffic citation used in the enforcement of
traffic management measures (DOTC MC No.
93-693) and other special laws by the LTO.
b. Traffic Violation Receipt (TVR) – A
traffic citation used in the enforcement of traffic
management measures (MMDA Traffic
Ordinances).
c. Ordinance Violations Receipt (OVR)
– A traffic citation used in the enforcement of
traffic management measures by local
government by virtue of RA 7160.
3. Traffic Warning
– is an enforcement
action which does not contemplate
possible assessment of penalty by the
court or otherwise as a result of warning
alone.
TYPES OF TRAFFIC WARNING
1. Visual Warning – usually used when you
have observed a minor violation and is indicated
by gesture of the hand and or of the head.
2. Verbal Warning – also a form of traffic
safety education by telling the driver about his
violation and explains the hazards of such
3. Written Warning – gives the spirit of verbal
warning through citation
D. TRAFFIC ECOLOGY OR ENVIRONMENT
The study with potentially disastrous
population explosion, changes in urban
environment due to scale and density of new
urban concentration and new activities carried
out , air population, water pollution and
crowding, especially transport congestion which
result therein.
 Presidential Decree Nr. 1181
It provides for the prevention, control and
abatement of air pollution from motor
vehicles and for other purposes.
 Letter of Instruction Nr. 551
It directs the law enforcement agencies to
implement the pollution control program.
E. TRAFFIC ECONOMY
It deals with the benefits and adverse
effects of traffic to our economy. Traffic
operation is designed to expedite the movement
of traffic. However, with the prevailing traffic
congestion during rush hours in any given
locality adversely affect the economic status of
the commuting public.
WHISTLE SIGNALS
 One long blast - stop.
 Two short snappy - go.
 Three blast - for assistance or for the
motorist to be attentive.
PROCESS AND LEGAL REQUIREMENTS
IN THE REGISTRATION
RENEWAL OF MOTOR VEHICLES
TRAFFIC CONTROL DEVICES
Traffic Control
It refers to procedures, devices, and
communication systems that help vehicles and
vessels safely share the same roads, rails,
waterways, or air space. These include traffic
signs, pavement markings, traffic signal, priority
control, and restraints.
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TRAFFIC LIGHTS
It is defined as a signal operated
manually, electrically by which traffic is
alternatively commanded to stop and permitted
to proceed.
1. Steady Red
 STOP at designated line.
 Vehicles will be crossing from the other
side.
 Expect pedestrian to cross at the
pedestrian lane.
 Unless specified you can TURN RIGHT
after a FULL STOP to clear traffic
coming from the left.
2. Steady Green
 GO
 It is the turn of the vehicles on the other
side to STOP.
 Pedestrians are not allowed to cross the
pedestrian lane in front of you.
 Unless specified, you can move up to
the middle of the intersection and make
a left turn when clear.
 Vehicles going straight have the right of
way
 Do not anticipate a green light.
3. Steady Green Arrow
 GO
 Vehicles turning left can do so.
 On coming straight traffic is still on red
t give way for vehicles turning left.
 Do not anticipate a green arrow.
4. Steady Yellow (Amber)
 Prepare to stop
 It is the turn of the vehicles on the other
side and will be given the GO signal
shortly.
 Do not beat a yellow light.
5. Flashing Red
 This is the same as a STOP SIGN
 Stop at the designated line
 Vehicles will be crossing from the other
side
 Expect pedestrian to cross at the
pedestrian lane
 Proceed when clear
6. Flashing Yellow
 This is the same as the yield sign
 Proceed through the intersection with
caution
 You have the right of way over a
flashing red light
 Vehicles on the other side will proceed
after coming to a full stop
7. Steady Green and Steady Left/Right Arrow
 Vehicles can go straight or vehicles on
the left lane can make a left turn
 Vehicles can go straight or vehicles on
the right lane can make a right turn
 The RIGHT GREEN signal might or
might NOT have a road sign disallowing
a right turn while the Red light is ON
TRAFFIC SIGNS
Device installed for the purpose of
regulating (imposed legal restriction), warning
(caution sign having equilateral triangle shape
with one side horizontal and red boarders) and
informative or guiding (guide signs having a
rectangular shape with blue background) traffic
by means of words or symbols.
1. CAUTION SIGNS, WARNING SIGNS,
AND DANGER SIGNS:
 These signs convey messages that
certain road conditions exist on a certain
stretch of the road or on street requiring
the driver to more ATTENTIVE and are
prepared for such road conditions.
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  Warn motorist of approaching
hazardous road conditions.
 Seek caution for approaching road
hazards.
 Call the reduction of speed.
 These signs have an equilateral
triangular shape with one shape
horizontal.
 Triangular in shape and have a red
colored border.
2. GUIDE SIGNS, INFORMATION SIGNS
AND DIRECTION SIGNS
 These signs are modified signs that
actually give spatial or DIRECTIONAL
INSTRUCTIONS for the driver to take.
 These signs are designed to provide the
driver with information that MAY OR
MAY NOT use but will assist him in
one-way or another.
 Guide motorist along established routes.
 Inform the driver of the proper routes.
 Help motorist along the way in the most
simple and direct method.
 Round/Rectangular, white on blue
background.
Division of Informative Signs:
1. Advance Sign
 These are the names and distances of the
principal destination served by the
intersecting road.
2. Direction Signs
 Direction sign shall be placed at the
right of intersections to show the
direction and destination of a route.
3. Place Identification Signs
 These maybe used to show the frontier
between two countries or for the
purpose of showing the beginning and
or end of built-up areas.
4. Confirmatory Signs
 These are used to confirm the direction
of a road. They shall bear the name of
one or more places. Where distances are
shown, the figures expressing them shall
be placed after the name of the locality.
Examples:
Bus Stop - Jeepney Stop - Pedestrian
Crossing - Distance/ Destination Sign
3. INSTRUCTION SIGNS OR
REGULATORY SIGNS
 These signs require the driver not only
to be more attentive as in caution signs
but also require the driver to
ACTUALLY PERFORM OR NOT TO
PERFORM a specified act.
 Intended to inform the road user of
special obligations, instructions or
PROHIBITIONS which they must
comply.
 Round, Inverted Triangle or Octagonal
and color are Red.
Division of Regulatory Signs:
1. Priority Signs
 These are intended to regulate priority
over a particular road section of
roadway intersection.
2. Prohibitory Signs
 These signs can be used on specified
section of the road, which will be easily
seen by motorist to indicate regulation,
which is prohibitive or restrictive in
nature.
3. Mandatory Signs
 These signs are intended to notify the
road users of special rules in which they
must comply for the safety and
convenience and smooth flow of traffic.
Examples:
Stop - Speed Limit – Yield - No Blowing of
Horns - No Entry - No Parking - No
Left/Right Turn - Width, Length, Height,
Weight Capacity - No U Turn - No
Overtaking
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 The color and shape symbolism of PAVEMENT MARKINGS
international standard signs are based Lines and symbols on roadways are
largely on the following principles: used to warn and direct drivers and to control the
1. Signs surrounded by a red triangle give flow of traffic.
waning of some hazards. Types of pavement markings:
2. Signs surrounded by a red ring 1. Pavement Markings
sometimes also with a red diagonal bar, 2. Curb Markings for Restriction
normal indicate prohibition. 3. Object Markings
3. Signs on blue and green rectangular 4. Reflectorized Markings
background give information.
4. Signs on blue disc give positive 1. SINGLE WHITE DOTTED LINE
instruction.  On two-lane road separates
traffic moving in separate
TRAFFIC ISLANDS directions.
These are areas within the roadway
constructed in a manner to establish physical
channels through which vehicle traffic is 2. SINGLE WHITE CONTINUOUS
guided. LINE
It is part of traffic control devices designed to:  Separates traffic moving in
1. Segregate pedestrians and vehicles; opposite direction.
2. Control streams of traffic in order to 3. DOUBLE YELLOW LINE WITH A
minimize conflict, expedite traffic flow DOTTED WHITE LINE IN BETWEEN
or increase safety.  Absolutely no parking.
4. SINGLE YELLOW LINE
Classification: A yellow line with a dotted white line means
1. Pedestrian Island (Pedestrian Islands). - that you cannot overtake if the solid line is on
Constructed between the pedestrian your side.
sidewalk and the road pavement to prevent 5. YELLOW CONTINUOUS LINE ON
the pedestrian from using the roadway in ROAD PROVIDED WITH A PASSING
passing and to prevent motor vehicles from LANE
using the sidewalk for parking and passing These are common on mountain roads.
purposes. 6. CROSSWALK a.k.a. PEDESTRIAN
2. Traffic Islands. These are the raised LANE
portion in the middle of the traffic way Stop for pedestrians on an intersection with no
constructed to separate the streams of motor traffic light.
vehicles traversing on opposite directions and 7. DIRECTIONAL ARROWS
the time preventing motorists from using the  Indicates directions of permitted
opposite lane for overtaking. traffic movement.
These includes: 8. STOP LINES
a. Division island These are painted across pavement lanes at
b. Channelizing island traffic signs or signals.
c. Rotary island 9. BARREL LINES
A new concept in reducing the seriousness of
accidents

75
10. CURB MARKINGS stationary, or for
These are markings placed on the curbs or edges similar dangerous
of the traffic for restriction or for parking circumstances.
regulation purposes.
11. OBJECT MARKINGS The e rates of speed hereinabove prescribed
These are markings placed on objects on the shall not apply to the following:
road or beside the road like humps, rocks or
similar hazardous objects on the side of the road. (1) A physician or his driver when the
12. REFLECTORIZED MARKINGS former responds to emergency calls;
These are markings or gadgets designed to
reflect and become luminous when hit by (2) The driver of a hospital ambulance
vehicles’ light. on the way to and from the place of
accident or other emergency;
SPEED LIMIT
(3) Any driver bringing a wounded or
MAXIMUM ALLOWABLE SPEED sick person for emergency treatment to a
Type of Roadway Passenger Motor hospital, clinic, or any other similar
Cars and Trucks place;
Motorcycles and
Buses (4) The driver of a motor vehicle
1. On open country belonging to the Armed Forces while in
roads, with no blind 80 km 50 km use for official purposes in times of riot,
corners not closely insurrection or invasion;
bordered by
habitations. (5) The driver of a vehicle, when he or
2. On “through his passengers are in pursuit of a
streets” or 40 km 30 km criminal;
boulevards clear of
traffic, with no (6) A law-enforcement officer who is
blind corners, when trying to overtake a violator of traffic
so designated. laws; and
3. On city and
(7) The driver officially operating a
municipal streets, 30 km 30 km
with light traffic, motor vehicle of any fire department,
when not designated provided that exemption shall not be
construed to allow unless or unnecessary
“through streets”.
fast driving of drivers aforementioned.
4. Through
crowded streets, 20 km 20 km
CONDUCTOR'S PERMIT
approaching
LICENSE PLATE
intersections at
“blind corners”,
passing school
zones, passing other
vehicles which are

76

PRINCIPLES OF RIGHT OF WAY
1. (Section 42, a) In case of two vehicles
approaching or entering as intersection
at the same time, the driver of the
vehicle on the left shall yield the right
of way; however, the driver of any
vehicle travel at an unlawful speed
forfeits this right.
2. (Section 42, b) In case of a vehicle
approaching but has not yet entered the
intersection, its driver shall yield the
right of way to vehicle already within
such intersection or turning therein to
the left across the line of travel of the
first mentioned vehicle.
3. (Section 42, c) In case of a vehicle on a
highway within a business or residential
district, its driver shall yield the right of
way to pedestrian crossing the highway
within crosswalk, except at intersection
where traffic is regulated by a peace
officer of a traffic signal…
4. (Section 42, d) In case of vehicle
traversing a through-highway, its driver
should bring it to a full stop before
crossing. However, if it is clear and no
hazards exist, the vehicle may slow
down to 5 miles per hour instead of a
full stop.
Exception to the Right of Way Rules
Right of way rules do not apply in the
case of a vehicle entering a private road or
drive. The right of way is in favor of all
vehicles utilizing the highway. (Section 43)
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.
RULES GOVERNING PARKING
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
Section 32. Exceeding registered capacity. -
No person operating any vehicle shall allow
more passenger or more freight or cargo in
his vehicle than its registered carrying
capacity. In the case of public utility trucks
or buses, the conductor shall be exclusively
liable for violations of this section or of
Section thirty-two, letter (c) hereof:
Provided, That the conductor, before being
employed by any public service operator,
shall get a permit or license from the
Commission and pay five pesos annually for
said license or permit issued in his favor,
and the same is renewable on or before the
last working day of the month of his birth,
attaching a readily recognizable photograph
and after presentation of a medical
certificate of fitness of applicant.
77
 Passenger trucks may be allowed to
construct any cargo carrying device at the
rear or at the side of the truck, subject to the
approval of the Commissioner: Provided,
however, That the total weight of the device,
including the cargo, shall not exceed one
hundred kilos.
(b) Carrying of passengers and freight on
top of vehicles. - No person operating a
motor vehicle shall allow any passenger to
ride on the cover or top of such vehicles:
Provided, however, That subject to such
conditions as may be contained in permits
that may be issued by the Commissioner,
baggage or freight may be carried on the top
of a truck provided the weight thereof does
not exceed twenty kilos per square meter
and is distributed in such a manner as not to
endanger the passengers or stability of the
truck.
(c) Riding on running boards. - No driver
shall permit any person to ride on the
running board, step board, or mudguard of
his motor vehicle for any purpose except to
make repair or adjustment in the motor or to
collect fares.
LAWS ON;
HEADLIGHTS
Every motor vehicle of more than one
meter of projected width, while in use on any
public highway shall bear two headlights, one on
each side, with white or yellowish light visible
from the front, which, not later than one-half
hour after sunset and until at least one-half four
before sunrise and whenever weather conditions
so require, shall both be lighted.
Additional lamps and light may be
carried, but no red lights shall be visible forward
or ahead of the vehicle. Trucks, buses, trailers,
and other similar vehicles must carry, while in
use on any public highway during night-time,
colored riding lights on each of the four corners
not more than ten centimeters from the top.
All motor vehicles shall be equipped
with devices for varying the intensity of light,
and the driver must dim the headlights or tilt the
beams downward whenever the vehicle is being
operated on well-lighted streets within the limits
of cities, municipalities, and thickly populated
barrios or districts, or whenever such vehicle
meets another vehicle on any public highway.
HITCHING
COUNTER FLOW
ILLEGAL U-TURN
THE RULE ON OVERTAKING
Section 39. Overtaking a vehicle. - The driver
of any motor vehicle overtaking another vehicle
proceeding in the same direction shall pass at a
safe distance to the left thereof, and shall not
again drive to the right side of the highway until
safety clear of such overtaken vehicle except
that on a highway, within a business or
residential district, having two or more lanes for
the movement of traffic in one direction, the
driver of a vehicle may overtake and pass
another vehicle on the right. Nothing in this
section shall be construed to prohibit a driver
overtaking and passing, upon the right, another
vehicle which is making or about to make a left
turn.
Section 40. Driver to give way to overtaking
vehicle. - The driver of a vehicle about to be
overtaken and passed by another vehicle
approaching from the rear shall give way to the
overtaking vehicle on suitable and audible signal
being given by the driver of the overtaking
vehicle, and shall not increase the speed of his
78
vehicle until completely passed by the
overtaking vehicle.
Section 41. Restrictions on overtaking and
passing.
(a) The driver of a vehicle shall not
drive to the left side of the center line of
a highway in overtaking or passing
another vehicle proceeding in the same
direction, unless such left side is clearly
visible, and is free of oncoming traffic
for a sufficient distance ahead to permit
such overtaking or passing to be made in
safety.
(b) The driver of a vehicle shall not
overtake or pass another vehicle
proceeding in the same direction, when
approaching the crest of a grade, not
upon a curve in the highway, where the
driver's view along the highway is
obstructed within a distance of five
hundred feet ahead, except on a highway
having two or more lanes for movement
of traffic in one direction where the
driver of a vehicle may overtake or pass
another vehicle: Provided, That on a
highway within a business or residential
district, having two or more lanes for
movement of traffic in one direction, the
driver of a vehicle may overtake or pass
another vehicle on the right.
(c) The driver of a vehicle shall not
overtake or pass any other vehicle
proceeding in the same direction, at any
railway grade crossing, not at any
intersection of highways unless such
intersection or crossing is controlled by
traffic signal, or unless permitted to do
so by a watchman or a peace officer,
except on a highway having two or more
lanes for movement of traffic in one
direction where the driver of a vehicle
may overtake or pass another vehicle on
the right. Nothing in this section shall be
construed to prohibit a driver overtaking
or passing upon the right another vehicle
which is making or about to make a left
turn.
(d) The driver of a vehicle shall not
overtake or pass, or attempt to pass, any
other vehicle, proceeding in the same
direction, between any points indicated
by the placing of official temporary
warning or caution signs indicating that
men are working on the highway.
(e) The driver of a vehicle shall not
overtake or pass, or attempt to overtake
or pass, any other vehicle proceeding in
the same direction in any "no-passing or
overtaking zone."
REPUBLIC ACT NO. 8750
AN ACT REQUIRING THE
MANDATORY COMPLIANCE BY
MOTORISTS OF PRIVATE AND PUBLIC
VEHICLES TO USE SEAT BELT
DEVICES, AND REQUIRING VEHICLE
MANUFACTURERS TO INSTALL SEAT
BELT DEVICES IN ALL THEIR
MANUFACTURED VEHICLES
Section 1. Short Title. — This Act shall be
known as the "Seat Belts Use Act of 1999."
Section 4. Mandatory Use of Seat Belts. — For
their own safety, the driver and front seat
passengers of a public or private motor vehicle
are required to wear or use their seat belt devices
while inside a vehicle of running engine on any
road or thoroughfare: Provided, That for private
vehicles, except for jeeps, jeepneys, vans, buses
and such other private vehicles as may be
79
determined in the Implementing Rules and
Regulations (IRR), front and back seat
passengers are likewise required to use their seat
belt devices at all times.
In the case of public motor vehicles, the driver
shall be required to immediately inform and
require the front seat passengers upon boarding a
vehicle of running engine to wear the prescribed
seat belts. Any passenger who refuses to wear
seat belts shall not be allowed to continue
his/her trip.
For special public service vehicles such as
school services and other similar vehicles as
may be determined by the IRR, seat belt devices
should be provided and used by both drivers and
front seat passengers as defined herein and the
first row passengers immediately behind the
driver at all times while inside a vehicle of
running engine.
Operational motor vehicles, both public and
private, which are not equipped with the
required seat belt devices, are given one (1) year
from the issuance of the IRR by the Land
Transportation Office (LTO) to retrofit
appropriate seat belt devices in their vehicles.
Section 5. Children Prohibited to Sit in Front
Seat. — Infants and/or children with ages six (6)
years and below shall be prohibited to sit in the
front seat of any running motor vehicle.
Section 6. Coverage. — This Act, in the interest
of public safety, shall apply to drivers and front
seat passengers of public and private motor
vehicles and other vehicles as may be
determined by the IRR thereon.
Section 7. Provisions for Seat Belt. — This Act
further requires car manufacturers, assemblers
and distributors to ensure that seat belt devices
are properly installed before the distribution and
sale of the said vehicles as determined by the
IRR thereon: Provided, That manufacturers,
assemblers and distributors of jeepneys may
install a pelvic restraint or lap belt only in the
driver's and front seat passengers' seats and this
shall be considered as substantial compliance
with the requirements of this Act.
REPUBLIC ACT NO. 10054
AN ACT MANDATING ALL
MOTORCYCLE RIDERS TO WEAR
STANDARD PROTECTIVE
MOTORCYCLE HELMETS WHILE
DRIVING AND PROVIDING PENALTIES
THEREFOR
Section 1. Short Title. - This Act shall be
known as the "Motorcycle Helmet Act of 2009".
Section 3. Mandatory Use of Motorcycle
Helmets. - All motorcycle riders, including
drivers and back riders, shall at all times wear
standard protective motorcycle helmets while
driving, whether long or short drives, in any type
of road and highway.
Standard protective motorcycle helmets are
appropriate types of helmets for motorcycle
riders that comply with the specifications issued
by the Department of Trade and Industry (DTI).
The DTI shall issue guidelines, which should
include the specifications regarding standard
protective motorcycle helmets.
Section 4. Exemption. - Drivers of tricycles
shall be exempted from complying with the
mandatory wearing of motorcycle helmets as
provided in this Act.
Section 5. Provision of Motorcycle Helmets. -
A new motorcycle helmet which bears the
Philippine Standard (PS) mark or Import
80
Commodity Clearance (ICC) of the Bureau of
Product Standards (BPS) and complies with the
standards set by the BPS shall be made available
by every seller and/or dealer every time a new
motorcycle unit is purchased and which the
purchaser may buy at bis option. Failure to
comply with the requirements provided under
this section shall constitute a violation of this
Act.
Section 6. Implementation. - The Department of
Transportation and Communications (DOTC),
with its attached agency, the Land
Transportation Office (LTO), is mandated by
this Act to issue guidelines necessary to
implement the provisions of this Act.
The DTI, through the BPS, is mandated to
utilize the United Nations Economic
Commission for Europe (UNECE) Protocols
with regard to the standards that will be
applicable to the approval or disapproval of
motorcycle helmets that will be sold in the
Philippines.
The DTI, through the BPS, shall conduct a
mandatory testing of all manufactured and
imported motorcycle helmets in the Philippines.
All manufacturers and importers of standard
protective motorcycle helmets are required to
secure a PS license or ICC prior to the sale and
distribution of their products. The BPS shall
issue periodically a list of motorcycle helmet
manufacturers and importers and the brands
which pass the standards of the BPS to be
published in a newspaper of general circulation
or in its website.
Upon the effectivity of this Act, only those
standard protective motorcycle helmets bearing
the PS or ICC mark shall be sold in the market.
REPUBLIC ACT No. 10666
AN ACT PROVIDING FOR THE SAFETY
OF CHILDREN ABOARD MOTORCYLES
Section 1. Short Title. – This Act shall be
known as "Children’s Safety on Motorcycles
Act of 2015".
Section 4. Prohibition. – It shall be unlawful for
any person to drive a two (2)-wheeled
motorcycle with a child on board on public
roads where there is heavy volume of vehicles,
there is a high density of fast moving vehicles or
where a speed limit of more than 60/kph is
imposed, unless:
(a) The child passenger can comfortably
reach his/her feet on the standard foot
peg of the motorcycle;
(b) The child’s arms can reach around
and grasp the waist of the motorcycle
rider; and
(c) The child is wearing a standard
protective helmet referred to under
Republic Act No. 10054, otherwise
known the "Motorcycle Helmet Act of
2009."
Section 5. Exception. – Notwithstanding the
prohibition provided in the preceding section,
this Act shall not apply to cases where the child
to be transported requires immediate medical
attention.
REPUBLIC ACT No. 10913
An Act Defining and Penalizing Distracted
Driving
Section 1. Short Title. - This Act shall be
known as the "Anti-Distracted Driving Act".
81
Section 4. Distracted Driving. - Subject to the
qualifications in Sections 5 and 6 of this Act,
distracted driving refers to the performance by a
motorist of any of the following acts in a motor
vehicle in motion or temporarily stopped at a red
light, whether diplomatic, public or private,
which are hereby declared unlawful:
(a) Using a mobile communications
device to write, send, or read a text-
based communication or to make or
receive calls, and other similar acts; and
(b) Using an electronic entertainment or
computing device to play games, watch
movies, surf the internet, compose
messages, read e-books, perform
calculations, and other similar acts.
Section 5. Extent of Coverage -
(a) The operation of a mobile
communications device is not
considered to be distracted driving if
done using the aid of a hands-free
function or similar device such as, but
not limited to, a speaker phone,
earphones and microphones or other
similar devices which allow a person to
make and receive calls without having
to hold the mobile communications
device: Provided, That the placement of
the mobile communications device or
the hands-free device does not interfere
with the line of sight of the
driver.1âwphi1
(b) Wheeled agricultural machineries
such as tractors and construction
equipment such as graders, rollers,
backhoes, payloaders, cranes,
bulldozers, mobile concrete mixers and
the like, and other forms of conveyances
such as bicycles, pedicabs, "habal-
habal", trolleys, "kuligligs", wagons,
carriages, carts, sledges, chariots or the
like, whether animal or human-powered,
are covered by the provisions of this Act
as long as the same are operated or
driven in public thoroughfares,
highways or streets or under
circumstances where public safety is
under consideration.
(c) The provisions of this Act shall not
apply to motorists of motor vehicles
which are not in motion, except those
which are stopped momentarily at a red
light, or are pulled over to the side of the
road in compliance with a traffic
regulation.
Section 6. Exemptions. - The provisions of this
Act shall not apply to the following:
(a) A motorist using a mobile phone for
emergency purposes, including, but not
limited to, an emergency call to a law
enforcement agency, health care
provider, fire department, or other
emergency services, agency or entity;
and
(b) A motorist using a mobile phone
while operating an emergency vehicle
such as an ambulance, a fire truck, and
other vehicles providing emergency
assistance, in the course and scope of his
or her duties.
Section 9. Liability of Owner and/or Operator
of the Vehicle Driven by the Offender. - The
owner and/or operator of the vehicle driven by
the offender shall be directly and principally
held liable together with the offender for the fine
unless he or she is able to convincingly prove
that he or she has exercised extraordinary
diligence in the selection and supervision of his
82
or her drivers in general and the offending driver
in particular.
This section shall principally apply to the
owners and/or operators of public utility
vehicles and commercial vehicles such as
delivery vans, cargo trucks, container trucks,
school and company buses, hotel transports, cars
or vans for rent, taxi cabs, and the like.
REPUBLIC ACT NO. 10916
An Act Requiring the Mandatory Installation
of Speed Limiter in Public Utility and Certain
Types of Vehicle
MANDATORY INSTALLATION OF
SPEED LIMITER
No covered vehicle shall be allowed to run in
any road, street or highway in the Philippines
without a standard speed limiter in accordance
with the standards and specifications approved
by the DOTr.
NO SPEED LIMITER, NO
REGISTRATION
No covered vehicle shall be registered by the
LTO or given a franchise by the LTFRB without
the standard speed limiter installed and set in the
vehicle.
SETTING OF STANDARD
The DOTC shall, in accordance with acceptable
international standards, determine the
specifications of the speed limiters that may be
allowed to be installed in the covered vehicles.
The LTO or the LTFRB, shall supervise and
inspect the setting of speed limiter
corresponding to the maximum allowed in the
route plied by a particular covered vehicle.
REPUBLIC ACT No. 11229
An Act Providing for the Special
Protection of Child Passengers in Motor
Vehicles and Appropriating Funds Therefor
Section 1. Short Title. - This Act shall known
as the "Child Safety in Motor Vehicles Act".
Section 4. Mandatory Use of Child Restraint
System in Motor Vehicles. It shall be unlawful
for the driver of a covered vehicle not to
properly secure at all times a child, in a child
restraint system while the engine is running or
transporting such child on any road, street or
highway unless the child is at least one hundred
fifty (150) centimeters or fifty-nine (59) inches
in height and is properly secured using the
regular seat belt. The child restraint system shall
be appropriate to the child’s age, height and
weight, and approved in accordance with
Section 6 of this Act.The requirements of this
section shall not apply to circumstances where
the child restraint system would put such child
in a greater danger, such as:
(1) During medical emergencies;
(2) When the child transported has a medical or
developmental condition; or
(3) Other analogous circumstances prescribed
under the implementing rules and regulations
(IRR).
Notwithstanding the child being secured in a
child restraint system, at no instance shall such
child be left unaccompanied by an adult in a
motor vehicle.
Section 5. Children in Rear Seats. - No child
twelve (12) years and below of age shall be
allowed to sit in a front seat of a motor vehicle
with a running engine or while such child is
83
being transported on any road, street or highway,
unless the child meets the height requirement set
forth in Section 4 of this Act and is properly
secured using the regular seat belt in the front
seat.
Section 6. Safety Standards for Child Restraint
Systems. - The Department of Trade and
Industry (DTI) is mandated to use standards set
forth in United Nations Regulation 44 and
United Nations Regulation 129 including its
evolving standards and other acceptable
international standards in the approval or
disapproval of child restraint systems that will
be manufactured, sold, distributed and used in
the Philippines. Such standards shall be
periodically updated based on current United
Nations Regulations concerning Child Restraint
Systems.
All manufacturers, importers, distributors and
sellers of child restraint systems are required to
secure from the Bureau of Product Standards
(BPS) a Philippine Standards (PS) mark license
or Import Clearance Certificate (ICC) license
prior to the marketing, sale and distribution of
their products. The BPS shall issue periodically
a list of child restraint systems manufacturers,
importers and distributors, and the brands which
pass its standards to be published in a newspaper
of general circulation or in its website.
The use of child restraint system acquired prior
to the effectively of this Act shall be
allowed: Provided, That such device is not
expired.
Section 7. Prohibition on Substandard or
Expired Child Restraint System. - It shall be
unlawful for any person, company, partnership,
sole proprietorship, manufacturer, distributor,
and/or importer to manufacture, use, import,
sell, distribute, donate, lease, advertise, promote,
or otherwise market the use of substandard or
expired child restraint system.
REPUBLIC ACT No. 10586
ACT PENALIZING PERSONS DRIVING
UNDER THE INFLUENCE OF ALCOHOL,
DANGEROUS DRUGS, AND SIMILAR
SUBSTANCES, AND FOR OTHER
PURPOSES
Section 1. Short Title. – This Act shall be
known as the "Anti-Drunk and Drugged
Driving Act of 2013″
MOTORCYCLE CRIME FREVENTION
ACT RA 11235.
DRUNK DRIVING
AN ACT PENALIZING PERSONS
DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR
OTHER PURPOSES
Section 1. Short Title. – This Act shall be
known as the "Anti-Drunk and Drugged Driving
Act of 2013″.
Section 6. Conduct of Field Sobriety, Chemical
and Confirmatory Tests. – A law enforcement
officer who has probable cause to believe that a
person is driving under the influence of alcohol,
dangerous drugs and/or other similar substances
by apparent indications and manifestations,
including over speeding, weaving, lane
straddling, sudden stops, swerving, poor
coordination or the evident smell of alcohol in a
person’s breath or signs of use of dangerous
drugs and other similar substances, shall conduct
field sobriety tests.
84
If the driver fails in the sobriety tests, it shall be
the duty of the law enforcement officer to
implement the mandatory determination of the
driver’s blood alcohol concentration level
through the use of a breath analyser or similar
measuring instrument.
If the law enforcement officer has probable
cause to believe that a person is driving under
the influence of dangerous drugs and/or other
similar substances, it shall be the duty of the law
enforcement officer to bring the driver to the
nearest police station to be subjected to a drug
screening test and, if necessary, a drug
confirmatory test as mandated under Republic
Act No. 9165.
Law enforcement officers and deputized local
traffic enforcement officers shall be responsible
in implementing this section.
DRUG TESTING
Field sobriety tests refer to standardized tests to
initially assess and determine intoxication, such
as the horizontal gaze nystagmus, the walk-and-
turn, the one-leg stand, and other similar tests as
determined jointly by the DOH, the
NAPOLCOM and the DOTC
1. The Eye Test
The law enforcement officer will move an object
from side to side, and you must be able to follow
its movement with your eyes from a foot away
from your face. This tests for involuntary
jerkiness of the eyes, which is a common
symptom for those under the influence of
alcohol or drugs.
2. The Walk-and-Turn
To demonstrate your ability to maintain your
balance, you’ll walk heel-to-toe in a straight line
nine steps forward, turn around, and walk
another nine steps back. Wobbliness or failure to
complete the nine-step walk is a possible
indicator of intoxication.
3. The One-Leg Stand
For the last test, you must be able to stand on
one leg while keeping the other foot raised at
least six inches above the ground and keep the
position for 30 seconds. This measures your
balance and coordination.
Section 9. Acquisition of Equipment. – Within
four (4) months from the effectivity of this Act,
the Land Transportation Office (LTO) and the
Philippine National Police (PNP) shall acquire
sufficient breath analyzers and drug-testing kits
to be utilized by law enforcement officers and
deputized local traffic enforcement officers
nationwide giving priority to areas with high
reported occurrences of accidents. For purposes
of acquiring these equipment and for the training
seminars indicated in Section 10 hereof, the
LTO shall utilize the Special Road Safety Fund
allotted for this purpose as provided under
Section 7 of Republic Act No. 8794, entitled:
"An Act Imposing a Motor Vehicle User’s
Charge on Owners of All Types of Motor
Vehicles and for Other Purposes". Additional
yearly appropriations for the purchase of breath
analyzers and drug-testing kits shall be provided
annually under the General Appropriations Act.
Section 4. Driver’s Education. – Every
applicant for a motor vehicle driver’s license
shall complete a course of instruction that
provides information on safe driving including,
but not limited to, the effects of the consumption
of alcoholic beverages on the ability of a person
to operate a motor vehicle, the hazards of
driving under the influence of alcohol,
dangerous drugs and/or other similar substances,
and the penalties attached for violation thereof.
For professional drivers, every applicant for a
driver’s license or those applying for renewal
thereof shall undergo the driver’s education
herein stated.
85
The driver’s license written examination shall
include questions concerning the effects of
alcohol and drug intoxication on the ability of a
person to operate a motor vehicle and the legal
and pecuniary consequences resulting from
violation of the provisions of this Act.
Section 13. Direct Liability of Operator and/or
Owner of the Offending Vehicle. – The owner
and/or operator of the vehicle driven by the
offender shall be directly and principally held
liable together with the offender for the fine and
the award against the offender for civil damages
unless he or she is able to convincingly prove
that he or she has exercised extraordinary
diligence in the selection and supervision of his
or her drivers in general and the offending driver
in particular.
This section shall principally apply to the
owners and/or operators of public utility
vehicles and commercial vehicles such as
delivery vans, cargo trucks, container trucks,
school and company buses, hotel transports, cars
or vans for rent, taxi cabs, and the like.
LEGAL PROVISIONS ON;
EARLY WARNING DEVICES
ROAD WORTHINESS OF VEHICLES
EXTRA LOUD MUFFLERS
Every motor vehicle propelled by an
internal combustion engine shall be equipped
with a muffler, and whenever said motor vehicle
passes through a street of any city, municipality,
or thickly populated district or barrio, the
muffler shall not be cut out or disconnected. No
motor vehicle shall be operated in such a manner
as to cause it to emit or make any unnecessary or
disagreeable odor, smoke or noise.
HORNS-
Every motor vehicle shall be provided
with a horn or signalling devise in good working
order: Provided, however, That no horn or
signalling device emitting an exceptionally loud,
startling, or disagreeable sound shall be installed
or used on any motor vehicle.
All authorized emergency vehicles, such as
ambulance and police cars and fire wagons used
for emergency calls shall be equipped with a
bell, siren, or exhaust whistle of a type approved
by the Commissioner, and no such device shall
be installed or used in any other vehicle.
No vehicle not classified as a motor vehicle
under this Act shall be equipped with a horn or
signaling device similar to the horn customarily
used on motor vehicles.
SMOKE-BELCHING
LEMON LAW
Republic Act 10642, or the Lemon Law, endeavors
to protect consumers should they purchase new, albeit
nonconforming, motor vehicles from manufacturers,
distributors, dealers, or retailers (collectively,
“Seller”). This Primer seeks to present the rights of
such consumers, and the concurrent obligations of the
Seller under the Lemon Law.
VEHICLE
The Lemon Law covers only brand new
motor vehicles: meaning vehicles constructed entirely
from new parts, and have never been sold nor
operated in any country. The Lemon Law further
limits its coverage to only common four-wheeled road
vehicles such as cars, pick-ups, vans, sports utility
vehicles, and Asian utility vehicles. It specifically
86
excludes motorcycles, delivery trucks, dump trucks,
buses, lawn mowers, heavy equipment, and farm
equipment.
DEFECTS COVERED
The Lemon Law covers those irreparable
nonconformities which substantially impair the use,
value, or safety of these new vehicles and prevent
such motor vehicles from conforming to the
manufacturers’ or distributors’ standards or
specifications. However, the Lemon Law specifically
excludes the following causes of nonconformity:
Noncompliance by the consumer of the obligations
under the manufacturer’s or distributor’s
warranty such as:
a. Modifications upon the motor vehicle which were
not allowed by the manufacturer or distributor;
b. Abuse or neglect of the motor vehicle; and
c. Damage to the vehicle due to accident or force
majeure.
PARTICIPATION AND OBLIGATION OF
CONSUMER AND DISTRIBUTOR
FILING OF COMPLAINT
Section 8. Remedies for Dispute Resolution. –
The DTI shall exercise exclusive and original
jurisdiction over disputes arising from the
provisions of this Act. All disputes arising from
the provisions of this Act shall be settled by the
DTI in accordance with the following dispute
resolution mechanisms:
(a) Mediation
(1) The principles of negotiation, conciliation
and mediation towards amicable settlement
between the manufacturer, distributor,
authorized dealer or retailer and the consumer
shall be strictly observed;
(2) In the course of its dispute resolution efforts,
the DTI shall endeavour to independently
establish the validity of the consumer’s
outstanding complaint. The DTI shall likewise
retain the services of other government agencies
or qualified independent private entities in the
ascertainment of the validity of the consumer’s
complaint. Any cost incurred in establishing the
validity of the consumer’s complaint shall be
borne jointly by the consumer and the
manufacturer, distributor, authorized dealer or
retailer;
(3) The complaint shall be deemed valid if it is
independently established that the motor vehicle
does not conform to the standards or
specifications set by the manufacturer,
distributor, authorized dealer or retailer;
(4) Upon failure of the negotiation or mediation
between the manufacturer, distributor,
authorized, dealer or retailer and the consumer,
the parties shall execute a certificate attesting to
such failure; and
(5) At any time during the dispute resolution
period, the manufacturer, distributor, authorized
dealer or retailer and the consumer shall be
encouraged to settle amicably. All disputes that
have been submitted for mediation shall be
settled not later than ten (10) working days from
the date of filing of the complaint with the DTI.
(b) Arbitration
In the event there is a failure to settle the
complaint during the mediation proceedings,
both parties may voluntarily decide to undertake
arbitration proceedings.
(c) Adjudication
(1) In the event that both parties do not
undertake arbitration proceedings, at least one of
the parties may commence adjudication
proceedings, administered by the DTI. The DTI
shall rely on the qualified independent findings
87
as to conformity to standards and specifications
established herein. In no case shall adjudication
proceedings exceed twenty (20) working days;
(2) In case a finding of nonconformity is arrived
at, the DTI shall rule in favor of the consumer
and direct the manufacturer, distributor,
authorized dealer or retailer to grant either of the
following remedies to the consumer:
(i) Replace the motor vehicle with a similar
or comparable motor vehicle in terms of
specifications and values, subject to availability;
or
(ii) Accept the return of the motor vehicle
and pay the consumer the purchase price plus
the collateral charges.
In case the consumer decides to purchase
another vehicle with a higher value and
specifications from the same manufacturer,
distributor, authorized dealer or retailer, the
consumer shall pay the difference in cost.
In both cases of replacement and repurchase, the
reasonable allowance for use, as defined in this
Act, shall be deducted in determining the value
of the nonconforming motor vehicle; and
(3) In case a nonconformity of the motor vehicle
is not found by the DTI, it shall rule in favor of
the manufacturer, distributor, .authorized dealer
or retailer, and direct the consumer to reimburse
the manufacturer, distributor, authorized dealer
or retailer the costs incurred by the latter in
validating the consumer’s complaints.
An appeal may be taken from a final judgment
or order of the Adjudication Officer which
completely disposes of the case within fifteen
(15) days from receipt thereof.1âwphi1 The
appeal shall be taken by filing a Memorandum
of Appeal with the Secretary of the DTI, with
Notice of Appeal to the Adjudication Officer,
and with a copy duly furnished the adverse party
or parties on any of the following grounds:
(i) Grave abuse of discretion;
(ii) The decision/order is in excess of
jurisdiction or authority of the Adjudication
Officer; and
(iii) The decision/order is not supported by the
evidence or there is serious error in the findings
of facts.
The Secretary of the DTI shall decide on the
appeal within thirty (30) days from receipt
thereof. A party seeking further appeal from the
decision of the Secretary of the DTI may file a
case for certiorari to the Court of Appeals under
Section 4, Rule 65 of the Revised Rules of
Court.
TRAFFIC ACCIDENT INVESTIGATION
DEBRIS – scattered broken parts of vehicles
caused by collision
SKID MARKS – marks left on the roadway by
tires which are not free to rotate due to sudden
application of brakes
KEY EVENT – an event on the road which
characterizes the manner of occurrence of a
motor vehicle traffic accident
SCUFF MARKS – are signs left on the road by
tires that are sliding or scrubbing while the
wheel is still turning
TRAFFIC UNIT – is any person using a traffic
way for travel, parking or other purposes as a
pedestrian or driver, including any vehicle, or
animal which he is using. It applies not only to
motor vehicle but also to:
1. Pedestrians;
2. Cyclists;
3. Street cars;
88
 4. Horse-drawn (animal-drawn) 2. Motor Vehicle Non-Traffic Accident – is
vehicles; any motor vehicle accident which occurs
5. Farm tractors; and entirely in any place other than a traffic way.
6. Other road users in almost any
combination. e.g. accident on a private driveway.
Example: A traffic accident could 3. Non-Motor Vehicle Traffic Accident – is
involve a cyclist and a pedestrian. any accident occurring on a traffic way
TRAFFIC ACCIDENT INVESTIGATION involving persons using the traffic way or travel
DETERMINES THE FOLLOWING: or transportation, but not involving a motor
vehicle in motion.
a. WHAT happened? e.g. pedestrian and cyclist in a traffic
b. WHO and WHAT was way.
involved?
Hit-and-Run Accident
c. WHERE did it happen?  This is characterized by one of the
d. WHY did it happen? involved persons ran away from
e. HOW did the accident the accident scene to evade
occur? responsibility.
f. WHEN did the accident
happen? EXCEPTIONS:
MOTOR VEHICLE ACCIDENT – is any
1. If the driver is in imminent danger of
event that results in unintended injury or
being seriously harmed by any person or
property damage attributable directly or
persons by reason of the accident.
indirectly to the action of a motor vehicle or its
2. If the driver reports the accident to the
loads. Included are: nearest officers of the law.
1. Accidental injury from inhalation of 3. If the driver has to summon a physician
exhaust gas; or nurse to aid the victim.
2. Fires;
3. Explosion; CHAIN OF EVENTS
4. Discharge of firearm within the motor
vehicle while in motion; Chain of Events in Vehicular Accident:
5. Collision between a motor vehicle and a Perception of Hazard
railroad train or street car on Seeing, feeling or hearing and understanding
stationary rails or tracks; the usual or unexpected movement or condition
6. Failure of any part of the motor vehicle that could be taken as a sign of the accident
while the vehicle is in motion. about to happen
Start of Evasive Action
TYPES OF ACCIDENT The first action taken by a traffic unit to
1. Motor Vehicle Traffic Accident – is any escape from a collision course or otherwise
motor vehicle accident occurring on a traffic avoid the hazards
way. Initial Contact
e.g. ordinarily collision between A first accidental touching of an object of
automobiles on a highway. collision course with by a traffic unit in motion
Maximum Engagement

89
 Is the greatest collapse or overlap in a
collision
Disengagement
The separation of traffic unit in motion from
an object with which it has collided. Force
between the object ceases at this time
Stopping or Final Position
The place and time when the object involved
in an accident finally come to rest without
application of power
Injury - Hazardous physical effect of accident
POINT OF NO ESCAPE – is that place and
time after or beyond which the accident cannot
be prevented by the traffic unit under
consideration.
FINAL POSITION – is the place and time
when objects involved in an accident finally
come to rest without application of power.
SEVERITY OF ACCIDENT
The result of the accident, either death,
injuries and property damage
 Fatal accident
Any motor vehicle accident that
results in death to one or more persons
 Non-fatal accident
Any motor vehicle accident that
results in injuries other than fatal (death) to one
or more persons
 Property damage accident
Is any motor vehicle accident
where there is no death or injury to person but
only to the motor vehicle or to another property
injury or death to animal
KEY EVENTS
 Running off road
a. motor vehicle in traffic
 Non-collision on road:
a. overturning
b. Other non-collision
 Collision on road with Motor Vehicle
versus:
a. other motor vehicle in traffic
e. railroad train
b. pedestrian
f. fixed object
c. parked motor vehicle
g. other objects
d. bicycle
THE LAST CLEAR CHANCE PRINCIPLE
The doctrine of the last clear chance”
should serve to guide the conduct of all drivers.
In layman’s language, it means “The Driver who
is better position to prevent the accident has the
responsibility of preventing the accident”. The
prevention of traffic accident is first
responsibility of all drivers.
THE STATE OF NECESSITY PRINCIPLE
1. Art. 11, Par. a provides:
Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the following requisites
are present:
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater
than that done to avoid it; and
Third. That there be no other practical
and less harmful means of preventing it.
1. A state of necessity exists when there is a
clash between unequal rights, the lesser
right giving way to the greater
right. Aside from the 3 requisites stated
in the law, it should also be added that the
necessity must not be due to the
negligence or violation of any law by the
actor.
2. The person for whose benefit the harm
has been prevented shall be civilly liable
in proportion to the benefit which may
have been received. This is the only
justifying circumstance which provides
90
 for the payment of civil
indemnity. Under the other justifying
circumstances, no civil liability
attaches. The courts shall determine, in
their sound discretion, the proportionate
amount for which law one is liable

CIVIL AND CRIMINAL LIABILITIES OF

DRIVER'S AND OPERATORS IN AN
ACCIDENT

TRAFFIC VIOLATIONS
Acts and omissions, whether intentional
or unintentional, prohibited and penalized by
traffic laws, rules and regulations and local
ordinances which are classified as follows:
1. Grave Violation a traffic violation
committed in willful or wanton
disregard for the rights or safety of
persons which poses a real threat of
serious injury to the driver, his/her
passengers or the general public, or
which may cause undue ruin or
substantial damage to property as listed
in the Violation Demerit Point Schedule
(Appendix 1).
2. Less Grave Violation a traffic violation
identified as having been committed so
as to endanger or be likely to endanger
any person or property which is not so
serious as to qualify under the
immediately preceding classification as
enumerated in the Violation Demerit
Point Schedule (Appendix 1).
3. Light Violation may refer to a minor or
simple infraction of traffic laws, rules,
regulations and ordinances and those not
otherwise classified as grave or less
grave.

91
 ARSON 3. Reduce the temperature
(cooling)
FIRE
 is a rapid oxidation process, a chemical ELEMENTS OF FIRE
reaction resulting in the evolution of Heat - a form of energy generated by the
light and heat in varying intensities transmission of some other form of energy, as in
 A result of chemical reaction known as combustion or burning.
combustion, where fuel and oxygen
react with one another Heat Sources:
 Open flame
COMBUSTION - occurs when fuel or other  Hot surfaces
material reacts rapidly with oxygen, giving off  Electrical circuit
light, heat, and flame.  Friction
 Combustion does not always result in  Sparks
flame, because a flame is only visible  All sources of ignition
when substances undergoing
combustion vaporize, but when it does, Oxygen - a colorless, odorless gas and one
a flame is a characteristic indicator of of the compositions of air which is
the reaction. approximately 21% by volume.
Name one fuel that burns without producing a
Oxygen Sources:
flame.
Oxygen Requirements
= CHARCOAL
1. 21 % of normal oxygen
PYROLYSIS- Decomposition of materials
1. 12 % - no fire
caused by high temperature
2. 78 % of nitrogen
Vaporization - For liquids to burn, they must be
2. 14 % - flash point
heated to produce ignitable mixture in air
3. 1 % of other gases
3. 21 % - fire point
THEORIES OF FIRE
3. Fuel - any substance which reacts chemically
FIRE TRIANGLE THEORY with oxygen and produces flames. The most
important element of fire.
The graphical representation of the three
elements of fire, namely: Oxygen, Heat, and FUEL SOURCES:
Fuel.
1. Solid - molecules are closely packed together
Each side is just as important as either 2. Liquid - molecules are loosely packed
of the other two sides. There cannot be fire 3. Gas - molecules are free to moved
without all the three parts present in equal
proportion. FIRE TETRAHEDRON

Using the same theory, there are three
ways to extinguish fire:
1. Remove the fuel
2. Cut-off the oxygen supply
The fire, triangle theory describes the
three elements, of a fire as shown in Figure 1.1.
Another explanation of the requirement of
combustion uses a four-sided figure called
tetrahedron as shown in Figure 1.2. Both

92
theories are used to explain what causes fire.
The fourth element of the tetrahedron
explanation is known as chemical reactivity, or
chemical reaction.
For Combustion to occur, four
elements are necessary:
1. Oxygen (oxidizing agent)
2. Fuel
3. Heat
4. Self - sustaining chemical reaction.
These elements can be graphically
described as the fire tetrahedron. Each element
of the tetrahedron must be in place for
combustion to occur. This theory is extremely
important to students of fire suppression,
prevention, and investigation. Removing any
one of the four elements combustion will not
occur. If ignition has already started, the fire is
extinguished, if one of the elements is removed
from the reaction.
COMPONENTS/ELEMENTS OF THE
FIRE TETRAHEDRON:
1. Oxygen (Oxidizing Agent)
Oxidizing agents are those materials that
yield oxygen or other oxidizing gases during the
process of a chemical reaction.
2. Fuel (Reducing Agent)
Fuel is the material or substance being
burned in the combustion process.
Flammable Liquids = are those which have a
flashpoint below 100˚F (37.8˚C), such as
gasoline, acetone, and ethyl alcohol.
Combustible liquids = are those which have a
flashpoint at or above 100˚F (37.8˚C) such as
kerosene and fuel oil.
3. Heat (Temperature)
Heat is the energy component of the fire
tetrahedron. When heat comes in contact with a
fuel, the energy supports the combustion
process.
Flash Point -the lowest temperature at which a
solid or liquid material produces sufficient
vapors to burn under laboratory conditions.
= initiates burning
Fire Point - the lowest temperature at which the
a liquid in an open container at which vapors
evolve fast enough to support combustion
= burning continues
COMBUSTION REACTIONS/PROCESS:
• Causes pyrolysis or vaporization of solid and
liquid fuels and the production of ignitable
vapors or gases;
• Provides the energy necessary for ignition;
• Causes the continuous production and ignition
of fuel vapors or gases to continue the
combustion reaction.
STAGES OF FIRE
1. Incipient Phase (Initial Stage/Growth)–
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 sulphides maybe present.
2. Free Burning Phase (FULLY
DEVELOP STAGE)– 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
93
walls(crawling of the flame) leaving burnt
patterns (fire fingerprints), occurrence of
flashover.
3. Smoldering Phase (DECAY STAGE)
– 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.
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).
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.
a. 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.
SOURCES OF IGNITION
TRANSMISSION OF HEAT
The physical methods by which energy
in the form of heat can be transferred between
bodies are conduction and radiation. A third
method, which also involves the motion of
matter, is called convection.
Conduction – it is the transfer of heats
by molecular activity with in a material or
medium, usually a solid. Direct contact is the
underlying factor in conduction. Example, if you
touch a hot stove, the pain you feel is a first
result of conducted heat passing from the stove
directly to your hand. In a structural fire,
superheated pipes, steel girders, and other
structural members such as walls and floors may
conduct enough heat to initiate fires in other
areas of the structure
Convection – it is the transfer of heat
through a circulating medium, usually air or
liquid. Heat transfer by convection is chiefly
responsible for the spread of fire in structures.
94
The supper-heated gases evolved from a fire are
lighter than air, and consequently rise, they can
and do initiate additional damage. In large fires, CLASS D
the high fireball that accompanies the incident is metal fire such as magnesium (white element
referred to as a firestorm and is an example of burning with dazzling light), sodium (a silver
converted heat. white metallic element), etc.; creates violent
Radiation – radiated heat moves in reaction.
wave and rays much like sunlight. Radiated heat
travels the speed, as does visible light: 186,000 CLASS E
miles per second. It is primarily responsible for flammable gases such as LPG, LNG, etc.; also
the exposure hazards that develop and exist creates violent reaction
during a fire. Heat waves travel in a direct or
straight line from their source until they strike an EXTINGUISHMENT OF FIRE METHODS
object. The heat that collects on the surface of
the object or building in the path of the heat EXTINGUISHING AGENT
waves is subsequently absorbed into its mass 1. Class A – water (all agents)
through conduction. 2. Class B – foam/carbon dioxide (all
agents)
Conduction requires physical contact 3. Class C – carbon dioxide/powder (never
between bodies or portions of bodies exchanging use water, soda acid and foam)
heat, but radiation does not require contact or the 4. Class D – special powder
presence of any matter between the bodies. 5. Class E – all agents
Convection occurs when a liquid or gas is in METHODS OF EXTINGUISHMENT
contact with a solid body at a different 1. COOLING – heat absorption.
temperature and is always accompanied by the 2. STARVATION – the removal of the
motion of the liquid or gas. The science dealing fuel.
with the transfer of heat between bodies is called 3. SMOTHERING – by expelling oxygen
heat transfer. 4. Inhibition or the interruption of
chemical chain reaction
CLASSIFICATIONS OF FIRE
CAUSES OF FIRE TYPES OF FUEL

CLASS A ORGANIC FUEL – wood and plastics

ordinary solid materials such as wood, paper,
fabrics, etc.
this will be indicated by deep cited fire, leaves
ashes and embers (glowing coals) after burning
CLASS B
flammable liquids such as gasoline, lube oil,
kerosene, paint thinner, etc.
CLASS C
electrical appliances; causes electric shock
INORGANIC FUEL – combustible materials
GASEOUS FUEL – LPG
STRUCTURAL FIREFIGHTING
PROCEDURES
Fire fighting operations refers to fire
suppression activities. In general the
following procedures should be observed:

95
 9. SALVAGE – The activity of protecting
1. PRE-FIRE PLANNING - this activity the properties from preventable damage other
involves developing and defining systematic than the fire. The steps are a) remove the
course of actions that maybe performed in order material outside the burning area, and b)
to realize the objectives of fire protection: protecting or cover the materials by using
involves the process of establishing the SOP in tarpaulins (cotton canvass treated with water
case fire breaks out. proofing).
2. EVALUATION – SIZE – UP (on-the- 10. EXTINGUISHMENT – This is the
spot planning or sizing-up the situation) - this is process of putting out the main body of fire by
the process knowing the emergency situation. It using the 4 general methods of fire
involves mental evaluation by the operation extinguishments.
officer-in-charge to determine the appropriate 11. OVERHAUL – This is the complete
course of action that provides the highest and detailed check of the structure and all
probability of success. materials therein to eliminate conditions that
3. EVACUATION – This is the activity of may cause re-flash; involves complete
transferring people, livestock, and property away extinguishments of sparks or smouldering
from the burning area to minimize damage or (glowing) substances (embers) to
destruction that the fire might incur in case it prevent possibilities of re-ignition or
propagates to other adjacent buildings. rekindling.
4. ENTRY – This is the process of 12. FIRE SCENE INVESTIGATION -
accessing the burning structure. Entry maybe This is the final stage of fire suppression
done in a forcible manner. activities. It is an inquiry conducted to know or
5. RESCUE – This is the operation of determine the origin and cause of fire.
removing (extricating), thus saving, people and 13.
other livestock from the burning building and
other involved properties, conveying them to a SALIENT POINTS OF
secure place
6. EXPOSURE – also called cover RA 6975 - (REFER MODULE 12)
exposure, this is the activity of securing other RA 9263 - (REFER MODULE 12)
buildings near the burning structure in order RA 9592 - (REFER MODULE 12)
to prevent the fire from the extending to
another building.
7. CONFINEMENT – This is the activity THE REVISED FIRE CODE OF THE
of restricting the fire at the place (room) where it PHILIPPINES OF 2008
started : the process of preventing fire from (RA 9514)ITS IRR
extending from another section or form one R.A. 9514, WITH EMPHASIS ON
section to another section of the involved SECTIONS 1 TO 9 OF THE LAW;
building. (REFER MODULE 12)
8. VENTILATION – This the operation
purposely conducted to displace toxic gases. It THE FIRE SAFETY INSPECTORS
includes the process of displacing the heated FUNCTIONS
atmosphere within the involved building with
normal air from outside atmosphere. CLASSIFICATION OF ARSON, STAGES
AND PRIMA FACIE EVIDENCE

96
 (REFER MODULE 20)
PRIMA FACIE EVIDENCE
PROVISIONS ON THE RPC ON ARSON
AND CRIR.ES INVOLVING
DESTRUCTION;
ACT NO. 3815 -
PD 1613 - (REFER MODULE 13)
PD 1744- (REFER MODULE 13)
PROVISIONS OF THE BUILDING CODE
OF THE PHILIPPINES
Building Code
A standard rules for safety in the
construction of buildings. Building codes vary in
their fire-resistance requirements in accordance
with the occupancy classification.
Building Code Requirements
1. Intended Occupancy and Use
2. Life Safety
3. Fixed Fire Protection System
4. Spacing of Structures -
5. Height Requirements
6. Fire Retarding Features
Intended Occupancy and Use
A building design is based upon the
occupancy of the individual structure,
considering both the combustibility of the
contents and the human factors of occupancy.
Buildings wherein large occupants are
assembled such as dormitories, schools,
hospitals, where crowds may generate panic
hazards, call for a higher and greater degree of
fire safety protection than do warehouses and
building which are less populated. Buildings that
contain high combustible materials call for a
greater degree of fire resistance in the structure.
Life Safety
The provision of adequate exits is the
most important feature in designing a building
for life safety. Once fire is notified, occupants
can leave the building in the least possible time
through exits free from fire, heat, and smoke.
Although panic in a burning building may be
uncontrollable, it can be eased with the measures
designed to help prevent panic-an example of
this is the exit signs. Panic seldom develops in a
burning building as long as the occupants are
moving towards exits that have no obstructions
in the path of travel.
The life safety factor is affected by
many building designs and features-designs and
features that prevent, reduce, or retard the spread
of the fire, such as: fire stops, fire walls, and fire
doors.
Fixed Fire Protection System
Fixed fire protection system installed
will be in accordance with sound economical
and engineering practices. These systems insure
the maximum life safety-or maximum degree of
property protection where the size, type of
construction, occupancy, or other conditions
create severe monetary fire-loss potential.
Spacing of Structures
Planning and construction of an
adequate separation of buildings and structures
is very important to prevent the spread of fire
from an adjacent building or from area to area.
Spacing requirements that restrict types of
occupancies or specified areas have an important
bearing upon fire safety. Consideration will be
given to convenience, efficiency, and savings.
When buildings have different occupancies and
different types of construction are adjacent,
maximum spacing requirements have to be
observed.
Height Requirements
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 Owing to the life hazard involved, it is a
good practice to limit the height of structures RELEVANT PROVISIONS ON THE
that have an unusually high degree of OPERATIONAL STANDARD ON
combustibility. COMPREHENSIVE FIRE AND ARSON
INVESTIGATION AND FILING OF
The height of buildings of masonry or CRIMINAL COMPLAINT PROCEDURE
concrete wall and wood construction is generally
limited to a height assumed to be the maximum
at which the fire departments can operate and
fight fire effectively, working from the street
level. The operational limit is usually three (3)
or four (4) stories. Wood frame construction is
generally given lower height limits. Fire
resistive, buildings are commonly permitted
without any height limit, on the theory that the
structural integrity of the buildings will be
maintained.

THE TECHNIQUES AND PROCEDURE IN

FIRE AND ARSON INVESTIGATION AND
PROCESSING OF ARSON EVIDENCE

98

VICE AND DRUGS
DRUG
DRUGS
- Any chemically active substance rendering a
specific effect on the central nervous system of
man.
- A chemical substance that affects the functions
of living cells and alters body or mind processes
when taken into the body or applied through the
skin.
- Is a chemical substance that brings about
physical, emotional or behavioral change in a
person taking it.
- Any chemical substance, other than food,
which is intended for used in the diagnosis,
treatment, cure, mitigation or prevention of
disease or symptoms.
LAWS ON;
SMOKING
Republic Act No. 9211
AN ACT REGULATING THE
PACKAGING, USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS
OF TOBACCO PRODUCTS AND FOR
OTHER PURPOSES
SECTION 5. Smoking Ban in Public Places.—
Smoking shall be absolutely prohibited in the
following public places:
a. Centers of youth activity such as playschools,
preparatory schools, elementary schools, high
schools, colleges and universities, youth hostels
and recreational facilities for persons under
eighteen (18) years old;
b. Elevators and stairwells;
c. Locations in which fire hazards are present,
including gas stations and storage areas for
flammable liquids, gas, explosives or
combustible materials;
d. Within the buildings and premises of public
and private hospitals, medical, dental, and
optical clinics, health centers, nursing homes,
dispensaries and laboratories;
e. Public conveyances and public facilities
including airport and ship terminals and train
and bus stations, restaurants and conference
halls, except for separate smoking areas; and
f. Food preparation areas.
SECTION 6. Designated Smoking and Non-
smoking Areas.—In all enclosed places that are
open to the general public, private workplaces
and other places not covered under the preceding
section, where smoking may expose a person
other than the smoker to tobacco smoke, the
owner, proprietor, operator, possessor, manager
or administrator of such places shall establish
smoking and non-smoking areas. Such areas
may include a designated smoking area within
the building, which may be in an open space or
separate area with proper ventilation, but shall
not be located within the same room that has
been designated as a non-smoking area.
All designated smoking areas shall have at least
one (1) legible and visible sign posted, namely
“SMOKING AREA” for the information and
guidance of all concerned. In addition, the sign
or notice posted shall include a warning about
the health effects of direct or secondhand
exposure to tobacco smoke. Non-Smoking areas
shall likewise have at least one (1) legible and
visible sign, namely: “NON-SMOKING AREA”
or “NO SMOKING.”
Access Restrictions
SECTION 7. Vending Machines, Self-Service
Facilities.—Unless the vending machine has a
mechanism for age verification, the sale or
distribution of tobacco products to minors by
99
means of a vending machine or any self-service
facility or similar contraption or device is
prohibited, except at point-of-sale
establishments.
SECTION 8. Retailer Compliance with Respect
to Self-Service Facilities.—Each retailer shall
ensure that all tobacco-related self-service
displays or facilities, advertising, labeling and
other items that are located in the establishment
of the retailer and that do not comply with the
requirements of this Act are removed or are
brought into compliance with the requirements
of this Act.
SECTION 9. Minimum Age Sales.—Under this
Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or
distribute tobacco products to any minor;
b. For any person to purchase cigarettes or
tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any
tobacco product; and
d. For a minor to smoke cigarettes or any other
tobacco products.
It shall not be a defense for the person selling or
distributing that he/she did not know or was not
aware of the real age of the minor. Neither shall
it be a defense that he/she did not know nor had
any reason to believe that the cigarette or any
other tobacco product was for the consumption
of the minor to whom it was sold.
SECTION 10. Sale of Tobacco Products Within
School Perimeters.—The sale or distribution of
tobacco products is prohibited within one
hundred (100) meters from any point of the
perimeter of a school, public playground or
other facility frequented particularly by minors.
SECTION 11. Signage.—Point-of-Sale
establishments offering, distributing or selling
tobacco products to consumers, shall post the
following statement in a clear and conspicuous
manner: “SALE/DISTRIBUTION TO OR
PURCHASE BY MINORS OF TOBACCO
PRODUCTS IS UNLAWFUL” or “IT IS
UNLAWFUL FOR TOBACCO PRODUCTS
TO BE SOLD/DISTRIBUTED TO OR
PURCHASED BY PERSONS UNDER 18
YEARS OF AGE.”
SECTION 12. Proof of Age Verification.—In
case of doubt as to the age of the buyer, retailers
shall verify, by means of any valid form of
photographic identification containing the date
of birth of the bearer, that no individual
purchasing a tobacco product is below eighteen
(18) years of age.
Advertising and Promotions
SECTION 13. Warnings on Cigarette
Packages.—Under this Act:
a. All packages in which tobacco products are
provided to consumers withdrawn from the
manufacturing facility of all manufacturers or
imported into the Philippines intended for sale to
the market, starting 1 January 2004, shall be
printed, in either English or Filipino, on a
rotating basis or separately and simultaneously,
the following health warnings:
“GOVERNMENT WARNING: Cigarette
Smoking is Dangerous to Your Health;”
“GOVERNMENT WARNING: Cigarettes are
Addictive;”
“GOVERNMENT WARNING: Tobacco Smoke
Can Harm Your Children;” or
“GOVERNMENT WARNING: Smoking Kills.”
100
b. Upon effectivity of this Act until 30 June
2006, the health warning shall be located on one
side panel of every tobacco product package and
occupy not less than fifty percent (50%) of such
side panel including any border or frame.
c. Beginning 1 July 2006, the health warning
shall be located on the bottom portion of one (1)
front panel of every tobacco product package
and occupy not less than thirty percent (30%) of
such front panel including any border or frame.
The text of the warning shall appear in clearly
legible type in black text on a white background
with a black border and in contrast by
typography, layout or color to the other printed
matters on the package. The health warning shall
occupy a total area of not less than fifty percent
(50%) of the total warning frame.
d. The warnings shall be rotated periodically, or
separately and simultaneously printed, so that
within any twenty-four (24) month period, the
four (4) variations of the warnings shall appear
with proportionate frequency.
e. The warning shall not be hidden or obscured
by other printed information or images, or
printed in a location where tax or fiscal stamps
are likely to be applied to the package or placed
in a location where it will be damaged when the
package is opened. If the warning to be printed
on the package is likely to be obscured or
obliterated by a wrapper on the package, the
warning must be printed on both the wrapper
and the package.
f. In addition to the health warning, all packages
of tobacco products that are provided to
consumers shall contain, on one side panel, the
following statement in a clear, legible and
conspicuous manner: “NO SALE TO MINORS”
or “NOT FOR SALE TO MINORS.” The
statement shall occupy an area of not less than
ten percent (10%) of such side panel and shall
appear in contrast by color, typography or layout
with all the other printed material on the side
panel.
g. No other printed warnings, except the health
warning and the message required in this
Section, paragraph f. shall be placed on cigarette
packages.
DRINKING ALCOHOLIC LIQUOR
(REFER FROM THE BOOK)
GAMBLING
REPUBLIC ACT No. 9287 2004
AN ACT INCREASING THE PENALTIES
FOR ILLEGAL NUMBERS GAMES,
AMENDING CERTAIN PROVISIONS
OF PRESIDENTIAL DECREE NO.
1602, AND FOR OTHER PURPOSES
Sec. 2. Definition of Terms. - As used in this
Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form
illegal gambling activity which uses
numbers or combinations thereof as
factors in giving out jackpots.
b) Jueteng. - An illegal numbers game
that involves the combination of thirty-
seven (37) numbers against thirty-seven
(37) numbers from number one (1) to
thirty seven (37) or the combination of
thirty-eight (38) numbers in some areas,
serving as a form of local lottery where
bets are placed and accepted per
combination, and its variants.
c) Masiao. - An illegal numbers game
where the winning combination is
derived from the results of the last game
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of Jai Alai or the Special Llave portion
or any result thereof based on any
fictitious Jai Alai game consisting of ten
(10) players pitted against one another,
and its variants.
d) Last Two. - An illegal numbers game
where the winning combination is
derived from the last two (2) numbers of
the first prize of the winning
Sweepstakes ticket which comes out
during the weekly draw of the
Philippine Charity Sweepstakes Office
(PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or
variants thereof). - Any person who
places bets for himself/herself or in
behalf of another person, or any person,
other than the personnel or staff of any
illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers
Game Operation. - Any person, who
acts in the interest of the maintainer,
manager or operator, such as, but not
limited to, an accountant, cashier,
checker, guard, runner, table manager,
usher, watcher, or any other personnel
performing such similar functions in a
building structure, vessel, vehicle, or
any other place where an illegal
numbers game is operated or conducted.
g) Collector or Agent ("Cabo",
"Cobrador", "Coriador" or variants
thereof). - 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.
h) Coordinator, Controller or
Supervisor ("Encargado" or variants
thereof). - Any person who exercises
control and supervision over the
collector or agent.
i) Maintainer, Manager or Operator. -
Any person who maintains, manages or
operates any illegal number game in a
specific area from whom the
coordinator, controller or supervisor,
and collector or agent take orders.
j) Financiers or Capitalist. - Any person
who finances the operations of any
illegal numbers game.
k) Protector or Coddler. - Any person
who lends or provides protection, or
receives benefits in any manner in the
operation of any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who
participates in any illegal numbers game shall
suffer the following penalties:
a) The penalty of imprisonment from
thirty (30) days to ninety (90) days, if
such person acts as a bettor;
b) The penalty of imprisonment from six
(6) years and one (1) day to eight (8)
years, if such person acts as a personnel
or staff of an illegal numbers game
operation;
The same penalty shall likewise be
imposed to any person who allows his
vehicle, house, building or land to be
used in the operation of the illegal
numbers games.
c) The penalty of imprisonment from
eight (8) years and one (1) day to ten
(10) years, if such person acts as a
collector or agent;
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 d) The penalty of imprisonment from
ten (10) years and one (1) day to twelve
(12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from
twelve (12) years and one (1) day to ten
(10) fourteen (14) years, if such person
acts as a maintainer, manager or
operator; and
f) The penalty of imprisonment from
fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts as
a financier or capitalist;
g) The penalty of imprisonment from
sixteen (16) years and one (1) day to
twenty (20) years, if such person acts as
protector or coddler.
Sec. 4. Possession of Gambling Paraphernalia
or Materials. - The possession of any gambling
paraphernalia and other materials used in the
illegal numbers game operation shall be deemed
prima facie evidence of any offense covered by
this Act.
Sec. 5. Liability of Government Employees
and/or Public Officials. - a) If the collector,
agent, coordinator, controller, supervisor,
maintainer, manager, operator, financier or
capitalist of any illegal numbers game is a
government employee and/or public official,
whether elected or appointed shall suffer the
penalty of twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from Three
million pesos (P3,000,000.00) to Five million
pesos (P5,000,000.00) and perpetual absolute
disqualification from public office.
In addition to the penalty provided in the
immediately preceding section, the accessory
penalty of perpetual disqualification from public
office shall be imposed upon any local
government official who, having knowledge of
the existence of the operation of any illegal
numbers game in his/her jurisdiction, fails to
abate or to take action, or tolerates the same in
connection therewith.
b) In the case of failure to apprehend
perpetrators of any illegal numbers game, any
law enforcer shall suffer an administrative
penalty of suspension or dismissal, as the case
may be, to be imposed by the appropriate
authority.
Sec. 6. Liability of Parents/Guardians. - The
penalty of imprisonment from six (6) months
and one (1) day to one (1) year or fine ranging
from One hundred thousand pesos
(P100,000.00) to Four hundred thousand pesos
(P400,000.00) shall be imposed upon any parent,
guardian or person exercising moral authority or
ascendancy over a minor, ward or incapacitated
person, and not otherwise falling under any of
the foregoing subsections, who induces or
causes such minor, ward or incapacitated person
to commit any of the offenses punishable in this
Act. Upon conviction, the parent, guardian or
person exercising moral authority or ascendancy
over the minor, ward or incapacitated person
shall be deprived of his/her authority over such
person in addition to the penalty imposed
PROSTITUTION
(REFER FROM THE BOOK)
TEST FOR ALCOHOLISM AND
TREATMENT
SIGNS AND SYMPTOMS OF DRUG USE
103
FIELD TEST FOR DANGEROUS DRUGS
DRUG ADDICTION
Drug addiction is a state of mind in
which a person has lost the power of self-control
in respect of a drug. He consumes the drug
repeatedly leaving aside all values of life. In
other words a drug addict will resort to crime
even, to satisfy his repeated craving for the
drug. The effects of addiction are mainly
deteriorative personality Changes. They include
insomnia, instability, lack of self-confidence
especially when not under the influence of drug.
The addict cannot concentrate on any work. He
avoids social contacts. Slowly, mentally,
physically, and morally he becomes from bad to
worse and a burden to the society.
One or more of the following attributes
characterizes drug addiction:
1. Compulsion/ Uncontrollable
Craving – the addict feels a compulsive craving
to take drug repeatedly and tries to procure the
same by any means.
2. Tolerance – it is the tendency to
increase the dose of the drug to produce the
same effect as to that of the original effect.
3. Addiction – the addict is powerless to
quit drug use.
4. Physical Dependence – the addict’s
physiological functioning is altered. The body
becomes sick, inactive and incapable of carrying
out useful activity in the absence of the drug.
The withdrawal syndromes will occur once the
drug use is stopped.
5. Psychological Dependence –
Emotional and mental discomfort exist to the
individual. The drug addict feels he cannot do
without the drug, consequently if he does not
take the drug his mental processes are affected.
He cannot carry out his work efficiently.
6. Withdrawal Syndrome – The addict
becomes nervous and restless when he does not
get the drug. After about 12 hours, he starts
sweating. His nose and eyes becomes watery
and continue doing so increasingly for another
twelve hours. It is followed by vomiting,
diarrhea, loss of appetite and sleep. Respiration,
blood pressure and body temperature also rises.
This will continue up to three days. After which,
the trouble starts subsiding and most of it is
gone in about a week’s time. Complete recovery
takes place in three to six months.
KINDS OF DRUG DEPENDENCE
1. PHYSICAL DEPENDENCE
An adaptive state caused by repeated
drug use that reveals itself by developing intense
physical symptoms when the drug is stopped;
formerly called addiction
2. PSYCHOLOGICAL
DEPENDENCE
An attachment to drug use, which arises
from a drug’s ability to satisfy some emotional
or personality need of an individual; formerly
called habituation
ORGANIZATION AND FUNCTIONS OF;
DDB
The DDB is the policy-making body and
strategy-making body in the planning and
formulation of policies and programs on drug
prevention and control. (under the Office of the
President) (sec. 77, Art IX)
 Composition: 17 members (3 as
permanent, 12 as ex-officio, 2 regular
members)(sec. 78, Art IX)
 3 permanent members: to be appointed
by the President, one to be the
Chairman.
104
  12 ex officio members: Secretary of
DOJ, DOH, DND, DOF, DOLE, DILG,
DSWD, DFA, and DepEd, Chairman of
CHED, NYC, and the Dir.Gen of
PDEA.
 2 regular members: President of the
IBP, and the Pres/Chaiman of an NGO
involved in a dangerous drug campaign
to be appointed by the President.
 The NBI Director and the Chief of the
PNP – permanent consultant of the
Board.
THE POWERS AND DUTIES OF THE DDB
(sec. 81, Art IX)
 Formulation of Drug Prevention
and Control Strategy,
 Promulgation of Rules and
Regulation to carry out the
purposes of this Act,
 Conduct policy studies and
researches,
 Develop educational programs
and info drive,
 Conduct continuing seminars
and consultations,
 Design special training,
 Coordination with agencies for
community service programs,
 Maintain international
networking,
PDEA
 PDEA means Philippine Drug
Enforcement Agency.
 It is the implementing arm of the DDB and
responsible for the efficient and effective
law enforcement of all the
provisions on any dangerous drugs and/ or
precursors and essential chemicals.
 Head: Director General – appointed by the
President
 Assisted By: 2 Deputies Director General
(one for Admin, another for Opns) –
appointed by the President (sec. 82,
Art IX).
 PDEA Operating Units:
It absorbed the NDLE-PCC (created under E.O.
61), NARCOM of the PNP, Narcotics
Division of the NBI, and the Customs
Narcotics Interdiction Unit (sec. 86, Art IX).
THE POWERS AND FUNCTIONS OF THE
PDEA
(sec. 84, Art IX)
 Cause the effective and efficient
implementation of the national drug
control strategy,
 Enforcement of the provisions of
Art II of this Act,
 Undertake investigation, make arrest
and apprehension of violators and
seizure and confiscation of
dangerous drugs,
 Establish forensic laboratories,
 Filing of appropriate drug cases,
 Conduct eradication programs,
 Maintain a national drug
intelligence system,
 Close coordination with local and
international drug agencies.
THE PROCEDURES AND/OR LEGAL
PROVISIONS OF DRUG OPERATIONS
BY;
1. PNP
2. PDEA
3. NBI
4. CUSTOMS (EX: BUY-BUST
OPERATION PROCEDURE, RAI)
105

CHAIN OF CUSTODY OF SEIZED DRUG
AS AMENDED BY RA 10640)
A. Marking, Inventory and Photograph;
Chain of Custody Implementing Paragraph
“a” of the IRR
A.1The apprehending or seizing officer having
initial custody and control of the seized or
confiscated dangerous drugs, plant sources of
dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia
and/or laboratory equipment shall, immediately
after seizure and confiscation, mark, inventory
and photograph the same in the following
manner:
A.1.1 The marking, physical inventory and
photograph of the seized/confiscated items shall
be conducted where the search warrant is served.
A.1.2 The marking is the placing by the
apprehending officer or the poseur-buyer of
his/her initials and signature on the item/s
seized.
A.1.3 In warrantless seizures, the marking of the
seized items in the presence of the violator shall
be done immediately at the place where the
drugs were seized or at the nearest police station
or nearest office of the apprehending
officer/team, whichever is practicable. The
physical inventory and photograph shall be
conducted in the same nearest police station or
nearest office of the apprehending officer/team,
whichever is practicable.
A.1.4 In cases when the execution of search
warrant is preceded by warrantless seizures, the
marking, inventory and photograph of the items
recovered from the search warrant shall be
performed separately from the marking,
inventory and photograph of the items seized
from warrantless seizures.
A.1.5 The physical inventory and photograph of
the seized/confiscated items shall be done in the
presence of the suspect or his/her representative
or counsel, with elected public official and a
representative of the National Prosecution
Service (NPS) or the media, who shall be
required to sign the copies of the inventory of
the seized or confiscated items and be given
copy thereof. In case of their refusal to sign, it
shall be stated “refused to sign” above their
names in the certificate of inventory of the
apprehending or seizing officer.
A.1.6 A representative of the NPS is anyone
from its employees, while the media
representative is any media practitioner. The
elected public official is any incumbent public
official regardless of the place where he/she is
elected.
A.1.7 to prevent switching or contamination, the
seized items, which are fungible and indistinct in
character, and which have been marked after the
seizure, shall be sealed in a container or
evidence bag and signed by the
apprehending/seizing officer for submission to
the forensic laboratory for examination.
A.1.8 In case of seizure of plant sources at the
plantation site, where it is not physically
possible to count or weigh the seizure as a
complete entity, the seizing officer shall estimate
its count or gross weight or net weight, as the
case may be. If it is safe and practicable,
marking, inventory and photograph of the seized
plant sources may be performed at the plantation
site. Representative samples of prescribed
quantity pursuant to Board Regulation No. 1,
Series of 2002, as amended, and/or Board
Regulation No. 1, Series of 2007, as amended,
shall be taken from the site after the seizure for
laboratory examination, and retained for
presentation as the corpus delicti of the
seized/confiscated plant sources following the
chain of custody of evidence.
A 1.9 Noncompliance, under justifiable grounds,
with the requirements of Section 21(1) of RA
No. 9165, as amended, shall not render void and
invalid such seizures and custody over the items
106
provided the integrity and the evidentiary value
of the seized items are properly preserved by the
apprehending officer/team.
A 1.10 Any justification or explanation in cases
of noncompliance with the requirements of
Section 21(1) of RA No. 9165, as amended,
shall be clearly stated in the sworn
statements/affidavits of the apprehending/seizing
officers, as well as the steps taken to preserve
the integrity and evidentiary value of the seized/
confiscated items. Certification or record of
coordination for operating units other than the
PDEA pursuant to Section 86 (a) and (b), Article
IX of the IRR of RA No. 9165 shall be
presented.
A 1.11 The chain of custody of evidence shall
indicate the time and place of marking, the
names of officers who marked, inventoried,
photographed and sealed the seized items, who
took custody and received the evidence from one
officer to another within the chain, and further
indicating the time and date every time the
transfer of custody of the same evidence were
made in the course of safekeeping until
submitted to laboratory personnel for forensic
laboratory examination. The latter shall continue
the chain as required in paragraph B.5 below.
(SEC. 21: RA 9165 AS
SECTION 21. CUSTODY AND
DISPOSITION OF CONFISCATED,
SEIZED, AND/OR SURRENDERED
DANGEROUS DRUGS, PLANT SOURCES
OF DANGEROUS DRUGS, CONTROLLED
PRECURSORS AND ESSENTIAL
CHEMICALS,
INSTRUMENTS/PARAPHERNALIA
AND/OR LABORATORY EQUIPMENT – The
PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition
in the following manner:
(1) The apprehending team having
initial custody and control of the drugs
shall, immediately after seizure and
confiscation, physically inventory and
photograph the same in the presence of
the accused or the person/s from whom
such items were confiscated and/or
seized, or his/her representative or
counsel, a representative from the media
and the Department of Justice (DOJ),
and any elected public official who shall
be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
(3) A certification of the forensic
laboratory examination results, which
shall be done under oath by the forensic
laboratory examiner, shall be issued
within twenty-four (24) hours after the
receipt of the subject item/s: Provided,
That when the volume of the dangerous
drugs, plant sources of dangerous drugs,
and controlled precursors and essential
chemicals does not allow the completion
of testing within the time frame, a
partial laboratory examination report
shall be provisionally issued stating
therein the quantities of dangerous drugs
still to be examined by the forensic
laboratory: Provided, however, That a
107
final certification shall be issued on the
completed forensic laboratory
examination on the same within the next
twenty-four (24) hours;
(4) After the filing of the criminal case,
the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of
the confiscated, seized and/or
surrendered dangerous drugs, plant
sources of dangerous drugs, and
controlled precursors and essential
chemicals, including the
instruments/paraphernalia and/or
laboratory equipment, and through the
PDEA shall within twenty-four (24)
hours thereafter proceed with the
destruction or burning of the same, in
the presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a evidence in court, the trial prosecutor
representative from the media and the
DOJ, civil society groups and any
elected public official. The Board shall
draw up the guidelines on the manner of
proper disposition and destruction of
such item/s which shall be borne by the
offender: Provided, That those item/s of
lawful commerce, as determined by the
Board, shall be donated, used or
recycled for legitimate
purposes: Provided, further, That a
representative sample, duly weighed and
recorded is retained;
(5) The Board shall then issue a sworn
certification as to the fact of destruction
or burning of the subject item/s which,
together with the representative
sample/s in the custody of the PDEA,
shall be submitted to the court having
jurisdiction over the case. In all
instances, the representative sample/s
shall be kept to a minimum quantity as
determined by the Board;
(6) The alleged offender or his/her
representative or counsel shall be
allowed to personally observe all of the
above proceedings and his/her presence
shall not constitute an admission of
guilt. In case the said offender or
accused refuses or fails to appoint a
representative after due notice in writing
to the accused or his/her counsel within
seventy-two (72) hours before the actual
burning or destruction of the evidence in
question, the Secretary of Justice shall
appoint a member of the public
attorney's office to represent the former;
(7) After the promulgation and judgment
in the criminal case wherein the
representative sample/s was presented as
shall inform the Board of the final
termination of the case and, in turn, shall
request the court for leave to turn over
the said representative sample/s to the
PDEA for proper disposition and
destruction within twenty-four (24)
hours from receipt of the same; and
(8) Transitory Provision: a) Within
twenty-four (24) hours from the
effectivity of this Act, dangerous drugs
defined herein which are presently in
possession of law enforcement agencies
shall, with leave of court, be burned or
destroyed, in the presence of
representatives of the Court, DOJ,
Department of Health (DOH) and the
accused/and or his/her counsel, and, b)
Pending the organization of the PDEA,
the custody, disposition, and burning or
destruction of seized/surrendered
dangerous drugs provided under this
108
 Section shall be implemented by the
DOH.
DRUG REHABILITATION AND
TREATMENT PROGRAMS (NATIONAL
STRATEGY AGAINST DRUGS AND
OTHER PROHIBITED SUBSTANCES;
OPERATIONAL THRUST
SUPPLY REDUCTION
Take away drugs from the public
through market denial operations and prevention
of diversion from the licit to illicit market; and
reduce the proliferation of illegal drugs through
sustainable alternative development programs
DEMAND REDUCTION
Take people away from the lure of drug abuse
through policy formulation, preventive
education, research, treatment, rehabilitation and
reintegration; provision of alternative
development programs and forging cooperation
with regional and international agencies and
counterparts.
HARM REDUCTION
Is an evidence-based approach that is
critical to engaging with people who use drugs
and equipping them with life-saving tools and
information to create positive change in their
lives and potentially save their lives.
DANGEROUS DRUG AND PRECURSORS
TRAFFICK USE
(https://www.officialgazette.gov.ph/2002/06/0
7/republic-act-no-9165/)
Section 11. Possession of Dangerous Drugs. -
The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall
possess any dangerous drug in the following
quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or
cocaine hydrochloride;
(5) 50 grams or more of
methamphetamine hydrochloride or
"shabu";
(6) 10 grams or more of marijuana resin
or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous
drugs such as, but not limited to,
methylenedioxymethamphetamine
(MDA) or "ecstasy",
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxyamphetamine (GHB),
and those similarly designed or newly
introduced drugs and their derivatives,
without having any therapeutic value or
if the quantity possessed is far beyond
therapeutic requirements, as determined
and promulgated by the Board in
accordance to Section 93, Article XI of
this Act.
Otherwise, if the quantity involved is less than
the foregoing quantities, the penalties shall be
graduated as follows:
109
(1) Life imprisonment and a fine
ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the
quantity of methamphetamine
hydrochloride or "shabu" is ten (10)
grams or more but less than fifty (50)
grams;
(2) Imprisonment of twenty (20) years
and one (1) day to life imprisonment and
a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00),
if the quantities of dangerous drugs are
five (5) grams or more but less than ten
(10) grams of opium, morphine, heroin,
cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or
"shabu", or other dangerous drugs such
as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly
introduced drugs and their derivatives,
without having any therapeutic value or
if the quantity possessed is far beyond
therapeutic requirements; or three
hundred (300) grams or more but less
than five (hundred) 500) grams of
marijuana; and
(3) Imprisonment of twelve (12) years
and one (1) day to twenty (20) years and
a fine ranging from Three hundred
thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00),
if the quantities of dangerous drugs are
less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other
dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly
designed or newly introduced drugs and
their derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or less than three hundred
(300) grams of marijuana.
Section18. Unnecessary Prescription of
Dangerous Drugs – The penalty of
imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the
revocation of his/her license to practice shall be
imposed upon the practitioner, who shall
prescribe any dangerous drug to any person
whose physical or physiological condition does
not require the use or in the dosage prescribed
therein, as determined by the Board in
consultation with recognized competent experts
who are authorized representatives of
professional organizations of practitioners,
particularly those who are involved in the care
of persons with severe pain.
Section19. Unlawful Prescription of
Dangerous Drugs– The penalty of life
imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless
authorized by law, shall make or issue a
prescription or any other writing purporting to
be a prescription for any dangerous drug.
110
 TECHNICAL ENGLISH 1
(INVESTIGATIVE REPORT WRITING)
RULES IN GRAMMAR AND
COMPOSITION,
REVIEW OF THE PARTS
CHARACTERISTICS
Noun – names a person, place, thing, quality or
condition. Briefly, it is a name word.
e.g. persons, books, schools, plants,
nations, pencil, suspect, policeman.
KINDS:
1. Common noun- a class or group of
persons, places or things. As shown in
the example above.
2. Proper nouns – particular or specific
name of persons, places, things.
e.g. Baguio City, Ara Mina, Birth
Certificate, M-16, Jesus Christ, etc.
Pronoun – used instead of a noun. e.g. she, he,
they, it, their, these, this, those, whoever,
whomsoever, etc.
Personal Pronoun – indicates the person of the
sentence. As in;
1st person – person speaking.
e.g. I
2 person – person spoken to
nd
e.g. You
3rd person – person spoken of
e.g. she, he, it
NOTE: Generally police reports and
other reports are in the 3rd persons.
Verbs – are action words. It denotes
tenses. e.g. all helping verbs; am, is, are, was &
were.
The third person of a verb is formed
by simply adding s or es. e.g. dance – dances,
kill – kills, etc.
While in the case of Regular Verbs – to
form its past tense, add d or ed.
e.g. Aggravate – aggravated, connect –
connected, recite – recited, etc.
Irregular Verbs – form its past tense by
changing its form. e.g. all helping verbs, write
– wrote, buy – bought, seek – sought, etc.
Adjectives – words that modifies
nouns. e.g. cop – honest cop, image – sweet
image, documents – questioned
documents, figure – tall figure, etc.
Adverbs – modifies verbs, adjectives and other
adverbs. e.g. brutally committed, sincerely
said, honestly done, etc.
Antonyms – are words with opposite
meanings. e.g. leave – stay, long – short, etc.
Homonyms – words with similar sounds but
with different meaning and spelling.
e.g. buy – by, borne – born, still –
steel, dear – deer, dye – die, dyeing – dying
Synonyms – words with similar meanings but of
different sounds and spelling.
e.g. home – abode, similar – the
same, faster – quickly, brutal – cruel, etc.
Linking words – words that bridge the idea of a
previous paragraph to another
e.g. hence, finally, otherwise, further
more, so, yet, etc.
Punctuation – is the customary little marks that
determine whether a sentence is clear or has a
doubtful meaning.
Kinds;
* Period, question mark, exclamation mark,
comma, semicolon, colon, quotation marks,
apostrophe, parenthesis and hyphen
POLICE REPORTS
Report - a story of actions performed by man
Police Report –
 A chronological or step-by-step account
of an incident that transpired in a given
time, at a given place.
 Also defined as an account of an
investigation, or an official statement of
facts.
 result from the fact that someone has
asked for them and needs them for
immediate or future use
CRITERIA FOR GOOD POLICE
REPORTS
1. Clarity
 clear message; simple, common words
 easy to understand
2. Accuracy
 The report conform to established rules
of syntax, format and grammar
 The data must be precise and the
information must be factual, hence
111
 assumptions or opinions must be
avoided
 The words used leave no doubt for
misinterpretation (use the exact words to
suit your purpose; What exactly do you
mean?)
3. Brevity
 Avoid wordy and lengthy sentences
which tend to make the idea vague
 The report must be easily understood.
 Use of short, simple sentences, and
common words
 The report should provide information
and should not be written to impress.
 Brevity or conciseness means saying
much in fewer words.
4. Specificity
 Avoid generalities; use specific words
that bring the reader close to first-hand
experience.
 Use particular terms that project hues,
movements, quantities and shapes.
5. Completeness
 the essential elements of information
must be complete
 thee 5Ws and 1H should be the basic
guide in writing a report.
 Intentional or unintentional omission of
data may leave the reader asking more
questions. It must be avoided.
6. Timeliness
 A report rendered after a considerable
laps of time is useless and defeats the
purpose of submitting an incident report
 Reports need to be submitted on time to
be useful
7. Security
 All significant incident reports are
considered classified
 transmission, handling, and access to
these reports should be limited only to
police personnel who are granted the
same or higher security clearance as the
report
 place the necessary markings to
emphasize the document classification
of the report
 it is prohibited to divulge its contents to
anybody, except when regulations
permit it, and the approval of
appropriate authorities is sought
beforehand.
8. Impartiality
 The reporting unit must know what the
receiving unit needs to know
 Important data must not be omitted or
added to conceal responsibilities, to
impute liabilities, or to favour parties.
 Embellishments must likewise be
avoided.
THE 5WS AND 1H OF POLICE REPORT
1. Who?
 Complete and correct name. The wrong
name results in failure to locate a
witness or apprehend a suspect. The
spelling should be correct, including
middle name.
 Exact home address, be it residence or
hotel, and telephone number.
 Relative questions under "who," may
include the following:
(1) Who was the victim? (2) Who was
the complainant? (3) Who discovered
the crime?
2. What?
 This question considers these factors:
1) what type of property was attacked,
e.g., building, residence, car, etc. 2)
what type of property was stolen, lost or
found.
3. Where?
 This question is concerned with the
geographical location of the crime
scene, property or evidence.
 Relative questions under "where," may
include the following:
(1) Where was the crime committed? (2)
Where was the crime discovered?
4. When?
 This question includes the date and time
when the offense was committed,
property found, suspect apprehended,
etc.
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  Relative questions under "when," may
include the following:
(1) When was the crime committed?
(2) When was it discovered?
5. Why?
 Under this heading is listed the object of
desire which motivated the offense? 2)
In crimes against persons, the object of
the attack might be revenge, ransom, or
sexual pleasure.
 Relative questions under "why," may
include the following:
(1) Why was the crime committed? (2)
Why were certain tools used?
6. How?
 This question refers to the general
manner in which the crime was
committed.
 Relative questions under "how," may
include the following:
(1) How was the crime
committed? (2) How did the criminal
get to the scene?
Classifications of Police Reports
1. Informal Reports
It is usually a letter or memorandum, or
any of one of the many prescribed in day-to-day
police operations. It customarily carries three
items besides the text proper, i.e, date submitted,
subject, and persons or person to whom
submitted. It may however, contain many items
of administrative importance along with the
subject matter of the text. Actually, most police
reports may be placed in this category.
2. Formal Reports
A formal report suggest the full-dress
treatment, including cover, title page, letter of
transmittal, summary sheet, text, appendices,
and perhaps an index and bibliography.
CASE REPORT
This report shall be accomplished by the
investigator or member making preliminary
investigation of crimes reported to the police.
a. The investigating officer shall submit
this report at the end of the tour of Duty.
b. This report shall be prepared in the
number of copies required by the
Department for distribution.
c. For uniformity of crime reporting
this shall follow the prescribed
classification of offenses indicated,
while duplicate copy shall remain in
the precinct concerned of the
corresponding action.
d. The officer assigned to a case shall
make his report at the end of his tour of
duty
POLICE BLOTTER
 Circular number 05 issued by the general
Headquarters, Philippine National Police,
dated December 10, 1992, is the rule
“Prescribing a Uniform Police Blotter for
the Philippine National Police,”
References
1. R.A 6975 establishing the
Philippine National Police.
2. Rules and Regulations
Governing the Philippine National
Police.
 A police blotter is a record of daily
events occurring within the territories and
jurisdictions of a given police unit or
command. It contains material details
concerning the event for legal and
statistical purposes.
 Form and Size
 The police blotter shall be a
record book bound with hard
cover and shall be 12 inches by
16 inches in size.
 The front cover of the blotter
shall contain the name or
designation of the police force
and the particular police district
or station, together with the
designation of the specific police
unit or substation, the volume or
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 book number, the series number
and the period covered.
 Contents Of Entry
1. Who
2. What
3. Why
4. Where
5. When
6. How
7. Disposition of the Case
 Units required maintaining police
blotters
1. Every police station or substation
shall maintain a police blotter.
2. All PNP operating units or
divisions in the metropolitan Police
District, in addition to the stations
and substations shall likewise
maintain a separate blotter
 Supply Accountability
 General Headquarters,
Philippine National Police
(GHQ< PNP) shall supply
police blotters to each PNP
command and unit who shall
reflect the same on their
property books as accountable
items.
 The PNP Unit Commander shall
be responsible for the proper
maintenance, use, safekeeping
and accounting of police blotter.
THE ARREST AND BOOKING REPORT
These reports are required for all
persons arrested. It shall be made out in full on
each person arrested. The following are types of
arrest and booking records.
a. Arrest Report - This shall be made
out in full on each persons arrested and
should not be prepared at the time a
prisoner is booked.
1. Informal regarding the offender, the charge,
and circumstances of arrest is recorded before
the prisoner is locked in jail or released on bond.
2. The arresting officer is responsible for the
arrest report and its completion.
3. One or more criminal charges may be placed,
on one arrest report.
4. However, if the arrest is in obedience to a
warrant or warrants, separate arrest reports will
be made for each warrant.
5. In preparing the arrest record, it is
important that the full name, first, middle and
the last, and other personal circumstances of the
prisoner are entered and all questions on the
form be answered.
6. It shall bear an arrest number for each arrest
made.
7. The number series for arrest shall start from
number 1 on the first day of each year, which
shall be known as calendar year numbering
system.
8. For example, the first in 2008 shall be 08-1
this means that it is the first case of the calendar
year 2008, and for the next 09-1 and so forth.
9. This report shall be used in controlling
prisoners during the period of investigation.
10. The arrest report shall be filed by the
arrest number and crossed-indexed by name
and all known aliases of the prisoner.
11. It shall carry the serial number of the
complaint/assignment sheet and case report as
the case may be.
12. In an arrest where there has been no previous
complaint/assignment sheet prepared, the desk
officer shall make out one and assign a serial
number at the time of the booking.
13. Immediately after accomplishing the
arrest report, three things to be done:
 First send to the complaint clerk for the
preparation of a complaint/ assignment
sheet. Second - Send to the records
office for name search against the
alphabetical index file in order to
determine if the prisoner is wanted on
some other cases.
 Third - Two sets fingerprints of the
prisoner shall be taken.
 One set shall be forwarded to the NBI
headquarters; Manila and the
 Other set shall be searched by
fingerprint classification in the
fingerprint file, if the department is
maintaining one. If the department does
not maintain a fingerprint file, only one
set shall be taken and forwarded to the
NBI headquarters, Manila.
114
 Findings should be noted in the arrest report.
The arrest report shall be prepared in
triplicate copy together with one booking
sheet as a fourth copy.
1. The original is filed with the arrest
file number in the Central Record Unit,
2. The duplicate and triplicate copies
shall be sent to the Fiscal or to the clerk
of Court as the case may be, together
with the Criminal complaint or
information and its other supporting
papers.
3. The lower portion of the arrest will be
later on detached and returned to the
police department by the fiscal or the
clerk of Court concerned after the
termination of the case, to be filed with
the case record after the disposition of
the case has been annotated on the
fingerprint of the accused.
b. Booking Report - The police department
needs a current list of the prisoners in
custody, which will indicate the status and
disposition of each. It facilitates accounting for
prisoners at the end of each shift, and their
control at all times and on which restrictions on
privileges are noted.
The booking sheet shall be jail file of
arrest, arranged alphabetically and serves as a
jail register. Information regarding any prisoner
I custody is thus immediately available.
The file shall be kept at the booking
counter or immediately available. The file shall
be kept at the booking counter or location
convenient for examination when injuries are
made. The jail booking report is under the direct
supervision of the booking officer this is done in
order that changes in the change and other
entries regarding the control of the prisoner may
be made and the file may be cleared when
prisoner is released.
After release of the prisoner, either by
the police or by the court, the jail- booking sheet
is forwarded to the records division where it is
filed according to arrest number. The admitting
officer or jailer shall accomplish a jail booking
report on four (4) copies, attaching thereto the
photograph of the inmate to be distributed as
follows:
1. Headquarters Office
2. Regional Office
3. Provincial Office
4. File Copy
ADMINISTRATIVE REPORT
Reports provide management with
information on Department activities. Where
appropriate, these reports will include
comparative data on activities and trends, and
will be designed to ensure effective
communications.
MISCELLANEOUS REPORT
The miscellaneous incident report – MI
– can be used to document any incident that is
not designated under other reporting criteria.
The importance of the MI cannot be overstated,
because the miscellaneous incident report
affords you the means to document anything you
can imagine. Police officers fail to take
advantage of the MI to document questionable
circumstances in incidents when reporting is not
required.
TYPES OF INVESTIGATIVE REPORTS
1. Initial Report – is advance
information on a new or fresh case
assigned to an investigator. It is
written and submitted immediately
after having conducted the initial
investigation of the case.
2. Progress Reports – are 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 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 gathered to warrant
prosecution and witnesses were
located to testify for trial.
115

REPORTS GENERATED IN THE BUREAU
OF FIRE PROTECTION
1. Spot Investigation Report- The complete
narration on the details of the fire incident as
gathered by the fire arson investigation during
the actual response to the fire incident.
2. Progress Investigation Report- Fire Arson
Investigation team submits progress
investigation report (PIR) within 7days from the
inception of the investigation to MFM/CFM
copy furnished ID,PFM, RD, CHIEF, BFP thru
ID, BFP-NHQ
3. Fire Arson Investigation- team submit final
investigation report (FIR) within 45 days from
the inception of the investigation to MFM/CDM
cop furnished ID,PFM, RD, CHIEF, BFP thru
ID, BFP-NHQ
REPORTS GENERATED IN PAROLE AND
PROBATION ADMINISTRATION
PROGRESS REPORT – Report on the
behavior/conduct of parolee/pardonee while
under supervision either positive or negative.
STATUS REPORT – Report prepared when a
parolee/pardonee commits another offense
during the period of supervision and the case
filed has not yet been decided by the court.
INFRACTION REPORT – Report prepared when a
parolee/pardonee has been subsequently
convicted of another crime.
VIOLATION REPORT – Report prepared when a
parolee/pardonee commits any violation of the
terms and conditions appearing in the Release
Document or any serious deviation or non-
observance of the obligation set forth in the
parole/pardon supervision program.
REPORTS GENERATED IN THE BUREAU
OF JAIL MANAGEMENT AND
PENOLOGY
BUREAU OF JAIL MANAGEMENT
PENOLOGY REPORT
Investigation report- Investigation-on case shall
submit IR on matters subject of initial
investigation
Section 92. Report on pending administrative
case- The regional hearing officers shall submit
to their respective RD a monthly report on the
status to all administrative cases pending
before their offices and likewise monthly report
on acted administrative cases.
SECTION 161. Monthly report Not later than
every fifth day of the month, the regional
hearing officers are required to submit report to
NHQ. Legal service office indication therein
following data or information, among others
With respect to newly filed case the regional
hearing office shall submit a written report
within 24 hours from its filing stating therein
the designation of an offense, the time and date
of filing name of the respondent and other
information deemed necessary.
The report shall be submitted through
electronic mail sent to the official electronic
mail address of the national hearing office
VERTICAL MERNORANDUM
LATERAL MEMORANDUM
116
 LETTER OF INSTRUCTION 10-19 Come back / Go back / Return
10-20 Exact location
Is a document that provides employees 10-21 Call by telephone / Landline
with steps that the sender is asking them to 10-22 Disregard / Cancel / Ignore
complete. The content of the letter could be 10-23 Arrived at scene
steps for a project, task or presentation. 10-24 Follow-up / Make a report
Typically, letters of instruction are clear and 10-25 Meeting / Eyeball / Appointment
brief. Their main purpose is to instruct the 10-26 Subject / Victim / Casualty
recipient to complete a task. 10-27 Change frequency / Drivers license
10-28 Plate no. of vehicle
10-29 Verify/Observe / Check record
MISSION ORDER 10-30 Water supply / H2O
Is an order issued by a commander to
10-31 Approval/Result / Outcome
subordinates that clearly establish the
10-32 Armed / Man with gun
subordinate commander's objective and the
10-33 Emergency / Urgent
purpose for the operation. It also delineates the
10-34 Crime in progress / Riot
commander's intent, concept of operations, and
10-35 Red alert / Crime Alert
the allocation of available resources to
10-36 Correct time
subordinate commanders.
10-37 Eat food / Reload / Fill Gas / Fuel
RADIO CODES/PHONETICS IN MAKING 10-38 Police / Military
REPORTS 10-39 Hurry up / Use light-siren / Rush
10-40 Roving / Silent tour of duty
RADIO 10 CODES and PHONETIC 10-41 Operatives / Members
ALPHABETH 10-42 Disengage / Cancel / Leave
10-43 Information / Status / News
10-0 Caution / Safe tracking 10-44 Regards / Greetings
10-1 Poor signal / Distorted & weak 10-45 Vehicle / Mobile
10-2 Loud and clear / Good signal 10-46 Assist motorist
10-3 Slow down / Slowly 10-47 Crew needed / Electrician
10-4 Roger / Positive 10-48 Excavation / Road repairs
10-5 Relay message 10-49 Traffic situation
10-6 Busy 10-50 State complete details / Accident
10-7 Stop transmitting / Signing off 10-51 Wrecker needed
10-8 Monitor 10-52 Ambulance needed
10-9 Repeat message /Come again 10-53 Heavy traffic / Road block
10-10 Over and out 10-54 Investigator
10-11 Inquire / ask / Query 10-55 Electric power
10-12 Standby / Wait 10-56 Intoxicated person / Alcoholic behaviour
10-13 Road & weather condition 10-57 Hit and run
10-14 Avail / Get / Buy /To pick up 10-58 To direct road traffic
10-15 Response / Answer / Reply / Feedback 10-59 Convoy / Companion / Good buddy
10-16 Problem / Trouble 10-60 Hospital
10-17 Request / Please / Kindly 10-61 Doctors / Medical team
10-18 Record / Log / List 10-62 Medicines

117
10-63 Assignment completed / Mission
Accomplished
10-64 Message / Traffic
10-65 Assignment / tasks
10-66 Necessary / Needed
10-67 Male person
10-68 Deliver / Dispatch
10-69 Received message
10-70 Fire alarm
10-71 Nature and size of fire / Type
10-72 Demonstration / Rally
10-73 Fire trucks
10-74 Negative
10-75 Permission to contact
10-76 Engaging / Proceed to
10-77 Time of arrival
10-78 Assistance needed
10-79 Dead person
10-80 Kidnapping case
10-81 Carnapping case
10-82 Prepare / Review
10-83 Vehicle found
10-84 Estimated time of departure
10-85 Late
10-86 Missing person
10-87 Female
10-88 Telephone No.
10-89 Person found
10-90 Robbery / Theft
10-91 Unnecessary use of radio
10-92 Anti-narcotics case
10-93 Address
10-94 Drag racing
10-95 Operation
10-96 Visitor / Jammer
10-97 Radio check
10-98 Call sign
10-99 Home / House
10-100 Office / Place of work
10-101 Statement of account
10-102 Treasurer / Collection
10-103 Money / Cash / Check
10-104 Change frequency
10-105 Reactivated / Mechanic
10-106 Modulation going on
10-107 Antenna
10-108 Radio License
10-109 Uniform / Attire
10-110 Equipment
10-111 Portable Radio
10-112 Base / Mobile Radio
10-113 Booster / Amplifier
10-114 Power supply
10-115 Battery pack
10-116 Repeater / Phone patch
10-117 Computer
10-118 Rotator
10-119 Coax cable
10-120 Gunshot / Stab wound
10-121 Heart attack
10-122 CVA (stroke)
10-123 Fracture / Orthopedic emergency
10-124 OB Emergency / Bleeding / Delivery
10-125 Hypertensive Emergency
10-126 IN patient
10-127 OUT Patient
10-128 Operator
10-129 Son / Daughter
10-130 Secretary
10-131 Relative / Employee
10-132 Driver
10-133 Wife / Husband
10-134 National officer
10-135 Regional officer / Group
10-136 NTC / Radio Law and Regulations
10-137 NBI Clearance
10-138 Police clearance
10-139 Necessary papers
10-140 Organization’s ID
10-141 Organization’s Base
10-142 Thank you
10-143 With My Love / I Love You
10-144 Welcome
PHONETIC ALPHABET
A – Alpha
B – Bravo
C – Charlie
118
D – Delta
E – Echo
F – Foxtrot
G – Golf
H – Hotel
I – India
J – Juliet
K – Kilo
L – Lima
M – Mike
N – November
O – Oscar
P – Pap
Q – Quebec
R – Romeo
S – Sierra
T – Tango
U – Uniform
V – Victor
W – Whiskey
X – X-ray
Y – Yankee
Z – Zulu /Zebra

STYLE AND FORMAT

COURTESY
ETIQUETTE OF A REPORT AND
MEMORANDUM

119
 TECHNICAL ENGLISH 2 (LEGAL
FORMS)
AFFIDAVIT OF ARRESTING OFFICER
An affidavit of arresting officer, also
known as a police officer's affidavit or a
law enforcement affidavit, is a legal document
that is typically prepared and sworn by a police
officer or law enforcement official involved in
an arrest. This affidavit serves as a formal
statement of the officer's account of the events
leading up to and surrounding the arrest, helping
to establish the basis and validity of the arrest.
CONTENTS:
 Personal Information - The officer's
name, badge or identification number,
and contact details.
 Jurisdiction and Case Information -
The location and date of the arrest, as
well as the case or incident number if
applicable.
 Arrest Details - A detailed narrative of
the circumstances leading to the arrest,
including the reason for the arrest, the
officer's observations, any statements
made by the person being arrested,
and any evidence or supporting
information.
 Probable Cause - The officer’s
explanation and justification for why
they believed there was probable cause
to make the arrest, which typically
involves establishing a reasonable belief
that a crime has been committed and
that the person being arrested is
responsible.
 Sworn Statement - The officer's
declaration, made under penalty of
perjury, that the information provided in
the affidavit is true and accurate to the
best of their knowledge and belief.
 Signature and Notarization - The
officer's signature at the end of the
affidavit
AFFIDAVIT OF COMPLAINT
An affidavit that is submitted in
compliance with certain legal requirements or
procedures. A compliant affidavit would
mean an affidavit that adheres to the
necessary rules and regulations and meets the
specific criteria set forth by the relevant
jurisdiction or court.
CONTENTS:
 Heading - The affidavit should have a
title indicating that it is an affidavit.
 Introduction - The affiant, the
person making the affidavit, must
introduce themselves and provide their
full name, address, and relationship to
the case.
 Sworn Statement - The affiant must
state that the information provided in the
affidavit is true and accurate to the
best of their knowledge and belief.
This statement is typically made under
oath or affirmation.
 Facts - The affidavit should include a
clear and concise narrative of the
relevant facts related to the case,
providing specific details and supporting
evidence, if available.
 Signature and Notarization - The
affiant must sign the affidavit at the end
of the document.
AFFIDAVIT OF WITNESS
Affidavit of witness is a statement,
given under oath and subject to strict
penalties if proven to be fictitious. The statement
is the first hand accounts, usually in the proper
sequence of events, which can be entered in
court records as testimonial evidence.
120

CONTENTS:
 Commencement - This is the beginning
of the document where the affiant or the
person making the affidavit is identified.
 Averments - Also known as
affirmations, these include a list of all
the claims that are being made by the
affiant.
 Statement of Fact or Truth - A
statement of fact/truth is what states
that everything that is mentioned in the
affidavit is true. A statement of truth
may be something like this: I narration of facts and undertaking under pain of
solemnly swear that the
aforementioned are true and correct to
the best of my knowledge and belief.
 Attestation Clause- This is the portion
where the oath made by the affiant is
certified. It also consists of the date.
Signatures - This is the last portion of
the document that includes the signature
of the affiant, as well as that of the
witness/es
AFFIDAVIT OF DESISTANCE
Is a sworn statement by the complainant
stating that he / she is no longer interested in
pursuing a complaint or criminal case. The
Affidavit of Desistance is filed before the office
or court where the complaint is pending or being
investigated
CONTENTS:
 The type of complainant (e.g. individual
or business) as well as name and details
(e.g. nationality and address);
 The type of person against whom the
complaint or criminal case was filed
(e.g. individual or business) as well as
name and details (e.g. nationality and
address); and
 Description of the complaint or criminal
case (e.g. the crime involved, complaint
or criminal case
REJOINDER AFFIDAVIT
Is the response by the petitioner to the
counter affidavit filed by the respondent. In
simple terms, first the petitioner files a petition
to which a counter is filed by respondent, and
any averments made by the respondent can be
replied by the petitioner by filing a rejoinder.
AFFIDAVIT OF UNDERTAKING
This affidavit is voluntarily executed in order to
attest to the truthfulness of the foregoing
administrative, criminal and civil liabilities, and
for whatever legal purpose it may serve.
COUNTER AFFIDAVIT
Is an opportunity to present your side of
the story and refute the allegations made against
you. It should focus on the specific points raised
in the complaint or affidavit and provide clear
and concise explanations, evidence, and legal
arguments to support your defense.Jul
AFFIDAVIT OF LOSS
Is a document declaring the loss of a
security usually through theft or destruction. The
affidavit contains all the details regarding the
loss, such as the owner's name and any
information pertaining to the security.
AFFIDAVIT OF DISINTERESTED
PERSON
is a written document that states a
narration of facts by two persons relating to the
circumstances of how another person, called
herein as the subject, has discrepancies in his/her
records and is seeking to correct the said
discrepancies.
AFFIDAVIT OF DENIAL FOR NBI
CLEARANCE
121
 Stating that they have never been
accused of any crimes in the Philippines nor do
they have any pending criminal cases.
APPLICATION
REQUIREMENTS IN THE APPLICATION
FOR SEARCH WARRANT
Application for Search Warrant it is a
legal document that is prepared by a law
enforcement officer or prosecutor and presented
to a judge or magistrate. It requests authorization
to conduct a search of a specified location or
premises in order to collect evidence related
to a criminal investigation.
JUDICIAL AFFIDAVIT RULE (A.M. NO.
12-8-8-SC)
Judicial Affidavit Rule. A party who fails to
submit the required judicial affidavits and
exhibits on time shall be deemed to have waived
their submission.
(https://lawphil.net/courts/supreme/am/am_12-8-
8-sc_2012.html)
PRELIMINARY INVESTIGATION
A preliminary investigation is an
inquiry or proceeding to determine whether
there is sufficient ground to engender a well-
founded belief that a crime has been committed
and the respondent is probably guilty thereof,
and should be held for trial.
A preliminary investigation is required
to be conducted before the filing of a complaint
or information for an offense where the penalty
prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the
fine.
How shall preliminary investigation be
conducted?
A complaint must be filed which shall
state the address of the respondent and shall be
accompanied by the affidavits of the
complainant and his witnesses, as well as other
supporting documents to establish probable
cause. They shall be in such number of copies as
there are respondents, plus two (2) copies for the
official file. The affidavits shall be subscribed
and sworn to before any prosecutor or
government official authorized to administer
oath, or, in their absence or unavailability,
before a notary public, each of who must certify
that he personally examined the affiants and that
he is satisfied that they voluntarily executed and
understood their affidavits. Within ten (10) days
after the filing of the complaint, the
investigating officer shall either dismiss it if he
finds no ground to continue with the
investigation, or issue a subpoena to the
respondent attaching to it a copy of the
complaint and its supporting affidavits and
documents. The respondent shall have the right
to examine the evidence submitted by the
complainant. Within ten (10) days from receipt
of the subpoena with the complaint and
supporting affidavits and documents, the
respondent shall submit his counter-affidavit and
that of his witnesses and other supporting
documents relied upon for his defense. The
counter-affidavits shall be subscribed and sworn
to and certified, with copies thereof furnished by
him to the complainant. The respondent shall not
be allowed to file a motion to dismiss in lieu of a
counter-affidavit.
(https://www.studocu.com/ph/document/icct-
colleges-foundation/bachelor-of-science-in-
criminology/chapter-7-memo-for-preliminary-
investigation-motion-for-reconsideration-and-
notice-of-appeal/50646662)
MOTION FOR RECONSIDERATION
A motion for reconsideration is a prime
opportunity to seek relief from a Court
Order.
RULE 52, Rules of Court – Civil Procedure
Motion for Reconsideration
122
Section 1. Period for filing. — A party may file
a motion for reconsideration of a judgment or
final resolution within fifteen (15) days from
notice thereof, with proof of service on the
adverse party. (n)
Section 2. Second motion for reconsideration.
— No second motion for reconsideration of a
judgment or final resolution by the same party
shall be entertained. (n)
Section 3. Resolution of motion. — In the Court
of Appeals, a motion for reconsideration shall be
resolved within ninety (90) days from the date
when the court declares it submitted for
resolution. (n)
Section 4. Stay of execution. — The pendency
of a motion for reconsideration filed on time and
by the proper party shall stay the execution of
the judgment or final resolution sought to be
reconsidered unless the court, for good reasons,
shall otherwise direct. (n)
PETITION/APPLICATION FOR
COMPULSORY CONFINEMENT FOR
DRUG DEPENDENT
(REFER FROM THE MODULE)
VOLUNTARY CONFINEMENT AND
THRU REPRESENTATION
(https://ddb.gov.ph/images/Board_Regulation
/2007/Bd.%20Reg.%203%2007.pdf)
LEGAL RESPONSIBILITIES IN
EXECUTING A FALSE
AAFFIDAVIT (PERJURY; ITS ELEMENTS
AND PENALTY)
Lying under oath is punishable under
the Revised Penal Code of the Philippines as the
crime of Perjury. The crime of perjury is
committed by any person who shall knowingly
make untruthful statements or make an affidavit,
upon any material matter and required by law. It
is punishable by imprisonment of up to 2 years
and four months.
“Art. 183. False testimony in other cases
and perjury in solemn affirmation. – The penalty
of arresto mayor in its maximum period to
prision correccional in its minimum period shall
be imposed upon any person who, knowingly
make untruthful statements and not being
included in the provisions of the next preceding
articles, shall testify under oath, or make an
affidavit, upon any material matter before a
competent person authorized to administer an
oath in cases in which the law so requires. x x x”
[Emphasis and underscoring supplied.]
Elements of the Crime of Perjury
The elements of Perjury, culled from
Article 183 of the Revised Penal Code, are as
follows:
“(a) The accused made a statement
under oath or executed an affidavit upon a
material matter;
(b) The statement or affidavit was
made before a competent officer authorized to
receive and administer oaths;
(c) In the statement or affidavit,
the accused made a willful and deliberate
assertion of a falsehood; and
(d) The sworn statement
containing the falsity is required by law or for a
legal purpose.” (Reyes, Luis B., The Revised
Penal Code Book II, p. 272, 1998 Ed.)
THE FIRST ELEMENT OF PERJURY: A
FALSE STATEMENT UPON A MATERIAL
MATTER
The first element of the crime of Perjury
requires the offender to a) make a statement
under oath, and b) upon a material matter.
Therefore, not all lies made in an affidavit or
other statement under oath can be subject of a
perjury complaint. The Revised Penal Code
further requires that the lie, made under oath,
must be upon a material matter.
A material matter has been defined as the main
fact, which is the subject of the inquiry, or any
fact or circumstance which tends to prove that
123
fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony relative
to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.
(Masangkay vs. People, G.R. No. 164443, 18
June 2010.)
THE SECOND ELEMENT OF PERJURY:
BEFORE A PERSON COMPETENT TO
ADMINISTER OATH
As for the second requirement, all that the law
requires is the sworn statement or affidavit
containing the falsehood be made before a
person competent to administer oaths. A notary
public is the most common example of a person
authorized to administer oaths. Also, certain
public officers are granted such power or
authority, in relation to the exercise of their
functions, such as policemen, who in certain
capacities, can subscribe to a sworn statement,
thereby fulfilling the legal requisite.
THE THIRD ELEMENT OF PERJURY:
WILLFUL OR DELIBERATE
The third element of the crime of Perjury
requires that the person making the false
statement must do so willfully or deliberately.
The term willfully has been defined as
“intentionally, with evil intent and legal malice,
with consciousness that the alleged perjurious
statement is false with the intent that it should be
received as a statement of what was true in fact.
It is equivalent to “knowingly.” “Deliberately”
implies “meditated” as distinguished from
“inadvertent acts.” Therefore, to satisfy this
requisite, it must appear that the accused knows
his statement to be false or is consciously
ignorant of its truth. (Monfort III, et. al. vs.
Salvatierra, et. al., G.R. No. 168301, 05 March
2007.)
THE FOURTH ELEMENT OF PERJURY:
REQUIRED FOR A LEGAL PURPOSE
The final and arguably most significant element,
for a willful assertion of falsehood to be
punishable as Perjury, is that the affidavit or
sworn statement must be required by law or for a
legal purpose. Not all affidavits, even if
containing absolute falsehoods, can subject a
person to the crime of Perjury. The Revised
Penal Code requires that the sworn statement or
affidavit must be executed pursuance to a legal
requirement.
Thus, in our previous example about the
affidavit concerning a vehicular collision
containing a false address, if there is a particular
law that requires the submission of an affidavit
prior to making an insurance claim, and, more
importantly, a particular legal requirement to
disclose such address in the affidavit or sworn
statement, then the lie becomes a material
matter. More importantly, the person that
executed such false affidavit may arguably be
liable for the crime of Perjury because the
affidavit is submitted as part of a legal
requirement or in compliance with the law.
THE PENALTY FOR PERJURY
Article 183 of the Revised Penal Code provides
that the penalty for the crime of Perjury is
arresto mayor in its maximum period to prision
correccional in its minimum period.
Arresto mayor in its maximum period involves
imprisonment from 4 months and 1 day to 6
months. On the other hand, Prision Correccional
in its minimum period is imprisonment ranging
from 6 months and 1 day to 2 years and 4
months. Thus, the penalty for Perjury is
imprisonment ranging from 4 months and 1 day
to 2 years and 4 months.
SUMMON
A form prepared by the plaintiff and
issued by a court that informs the defendant that
they are being sued or are required to appear in
court. It may be served by a sheriff or other
authorized person, such as the process server.
SUBPOENA
A written order to compel an individual
to give testimony on a particular subject, often
before a court, but sometimes in other
124
proceedings (such as a Congressional
inquiry).Failure to comply with such an order to
appear may be punishable as contempt.
SUBPOENA DUCESTECUM
A subpoena duces tecum, or subpoena
for production of evidence, is a court summons
ordering the recipient to appear before the court
and produce documents or other tangible
evidence for use at a hearing or trial. In some
jurisdictions, it can also be issued by legislative
bodies such as county boards of supervisors.
SUBPOENA TESTIFICANDUM
Refers to a process directed to a person
requiring him to attend and to testify at the
hearing or the trial of an action, or at any
investigation conducted by competent authority,
or for the taking of his deposition
JURAT & ACKNOWLEDGEMENT
A jurat is a distinct creature from an
acknowledgment. An acknowledgment is the act
of one who has executed a deed in going before
some competent officer or court and declaring it
to be his act or deed; while a jurat is that part of
an affidavit where the officer certifies that the
same was sworn before him.
An affidavit is a written statement filed
by an affiant as evidence in a court case. In order
to be admissible, affidavits must be notarized by
a notary public. The purpose of a jurat is for an
affiant to swear to or affirm the truthfulness of
the contents of an affidavit.
CERTIFICATION OF NON-FORUM
SHOPPING
A certification of non-forum shopping is
a certification under oath by the plaintiff or
principal party in the complaint or other
initiatory pleading asserting a claim for relief or
in a sworn certification annexed thereto and
simultaneously filed therewith, (a) that he/she
has not theretofore commenced any action or
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to
the best of his/her knowledge, no such other
action or claim is pending therein; (b) if there is
such other pending action or claim, a complete
statement of the present status thereof; and (c) if
he/she should thereafter learn that the same or
similar action or claim has been filed or is
pending, he/she shall report that fact within five
(5) days therefrom to the court wherein his/her
aforesaid complaint or initiatory pleading has
been filed.28
In Altres v. Empleo29 (Altres), the
Court laid down the following guideposts on the
evaluation of verifications and certifications
against forum shopping:
For the guidance of the bench and bar, the Court
restates in capsule form the jurisprudential
pronouncements already reflected above
respecting non-compliance with the
requirements on, or submission of defective,
verification and certification against forum
shopping:
1) A distinction must be made between
non-compliance with the requirement on
or submission of defective verification,
and noncompliance with the
requirement on or submission of
defective certification against forum
shopping.
2) As to verification, non-compliance
therewith or a defect therein does not
necessarily render the pleading fatally
defective. The court may order its
submission or correction or act on the
pleading if the attending circumstances
are such that strict compliance with the
Rule may be dispensed with in order
that the ends of justice may be served
thereby.
3) Verification is deemed substantially
complied with when one who has ample
125
knowledge to swear to the truth of the
allegations in the complaint or petition
signs the verification, and when matters
alleged in the petition have been made
in good faith or are true and correct.

4) As to certification against forum

shopping, non-compliance therewith or
a defect therein, unlike in verification, is
generally not curable by its subsequent
submission or correction thereof, unless
there is a need to relax the Rule on the
ground of "substantial compliance" or
presence of "special circumstances or
compelling reasons."

5) The certification against forum

shopping must be signed by all the
plaintiffs or petitioners in a case;
otherwise, those who did not sign will
be dropped as parties to the case. Under
reasonable or justifiable circumstances,
however, as when all the plaintiffs or
petitioners share a common interest and
invoke a common cause of action or
defense, the signature of only one of
them in the certification against forum
shopping substantially complies with the
Rule.

6) Finally, the certification against

forum shopping must be executed by the
party-pleader, not by his counsel. If,
however, for reasonable or justifiable
reasons, the party-pleader is unable to
sign, he must execute a Special Power
of Attorney designating his counsel of
record to sign on his behalf.

126
INTRODUCTION TO CYBERCRIME AND
ENVIRONMENTAL LAWS
Cybercrime is an activity done using
computers and internet. We can say that it is an
unlawful act wherein the computer either as a
tool or target or both.
Cybercrime is any crime that takes
place online or primarily online. That can run
the gamut from the aforementioned identity theft
and other security breaches to things like
“revenge porn,” cyber-stalking, harassment,
bullying and even child sexual exploitation.
Terrorists are collaborating more on the Internet,
moving that most terrifying of crimes into
cyberspace
THE CYBERCRIME OLFENSES AS
PROVIDED BY RA 10175
The following acts constitute the offense
of cybercrime punishable under this Act:
OFFENSES AGAINST THE
CONFIDENTIALITY, INTEGRITY AND
AVAILABILITY OF COMPUTER DATA
AND SYSTEMS:
(1) Illegal Access. – The access to the whole or
any part of a computer system without right.
(2) Illegal Interception. – The interception
made by technical means without right of any
non-public transmission of computer data to,
from, or within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
(3) Data Interference. — The intentional or
reckless alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message, without
right, including the introduction or transmission
of viruses.
(4) System Interference. — The intentional
alteration or reckless hindering or interference
with the functioning of a computer or computer
network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing
computer data or program, electronic document,
or electronic data message, without right or
authority, including the introduction or
transmission of viruses.
(5) Misuse of Devices.
 The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
 A device, including a computer
program, designed or adapted primarily
for the purpose of committing any of the
offenses under this Act; or
 A computer password, access code, or
similar data by which the whole or any
part of a computer system is capable of
being accessed with intent that it be used
for the purpose of committing any of the
offenses under this Act.
 The possession of an item referred to in
paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose
of committing any of the offenses under
this section.
(6) Cyber-squatting. – The acquisition of a
domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive
others from registering the same, if such a
domain name is:
 Similar, identical, or confusingly similar
to an existing trademark registered with
the appropriate government agency at
the time of the domain name
registration:
 Identical or in any way similar with the
name of a person other than the
127
 registrant, in case of a personal name;
and
 Acquired without right or with
intellectual property interests in it.
COMPUTER-RELATED OFFENSES:
(1) Computer-related Forgery. —
 The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and intelligible; or
 The act of knowingly using computer
data which is the product of computer-
related forgery as defined herein, for the
purpose of perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or deletion of
computer data or program or interference in the
functioning of a computer system, causing
damage thereby with fraudulent
intent: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1)
degree lower.
(3) Computer-related Identity Theft. – The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether
natural or juridical, without
right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1)
degree lower.
CONTENT-RELATED OFFENSES:
(1) Cybersex. — The wilful engagement,
maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a
computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or
prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than
that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications.
— The transmission of commercial electronic
communication with the use of computer system
which seek to advertise, sell, or offer for sale
products and services are prohibited unless:
 There is prior affirmative consent from
the recipient; or
 The primary intent of the
communication is for service and/or
administrative announcements from the
sender to its existing users, subscribers
or customers; or
The following conditions are present:
 The commercial electronic
communication contains a simple, valid,
and reliable way for the recipient to
reject. receipt of further commercial
electronic messages (opt-out) from the
same source;
 The commercial electronic
communication does not purposely
disguise the source of the electronic
message; and
 The commercial electronic
communication does not purposely
include misleading information in any
part of the message in order to induce
the recipients to read the message.
128
(4) Libel. — The unlawful or prohibited acts of
libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a
computer system or any other similar means
which may be devised in the future.
SEC. 5. OTHER OFFENSES. — THE
FOLLOWING ACTS SHALL ALSO
CONSTITUTE AN OFFENSE:
(a) Aiding or Abetting in the Commission of
Cybercrime. – Any person who willfully abets
or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(b) Attempt in the Commission of
Cybercrime. — Any person who willfully
attempts to commit any of the offenses
enumerated in this Act shall be held liable.
CYBER INTELLIGENCE
Cyber intelligence is all about
understanding the nature of the risks and threats
facing your organization so that you can better
prepare yourself for them. Understanding your
opponent goes a long way toward being able to
defend yourself effectively against them. Cyber
intelligence helps you understand where they’re
coming from; what their motives are; how they
work; what actions they’re taking right now and
who else might be involved with them.
CYBERSECURITY INVESTIGATION
Cyber security is all about protecting your
computer systems from threats. Threats can
come in many forms, including viruses, spam,
and malware and ransom ware. Cybercrime and
cyber terrorism are also threats to keep in mind
when talking about cyber security. Cyber
security is concerned with protecting an
organization’s critical infrastructure from
malware or unauthorized access; cyber
intelligence looks at everything else around this
core mission.
PROCEDURES ON SEIZURE AND
PRESERVATION OF DIGITAL
EVIDENCE
RULES ON CYBER WARRANT
ISSUANCE AND VALIDITY OF THE
CYBER WARRANT (A.M. NO. 17-11-03-SC
CYBERCRIME WARRANTS
1. Warrant to Disclose Computer Data
(WDCD)
An order to disclose and accordingly,
require any person or service provider to
disclose or submit subscriber’s information,
traffic data, or relevant data in his/her
controversial or is possession or control
2. Warrant to Intercept Computer Data
(WICD)
An order authorizing law enforcement
authorities to carry out any or all of the
following activities: (a) listening to, (b)
recording, (c) monitoring, or (d) surveillance of
the content of communications, including
procuring of the content of computer data, either
directly, through access and use of a computer
system or indirectly, through the use of
electronic eavesdropping or tapping devices, at
the same time that the communication is
occurring
3. Warrant to Search, Seize and Examine
Computer Data (WSSECD)
An order authorizing law enforcement
authorities to search a particular place for items
to be seized and/or examined
4. Warrant to Examine Computer Data
(WECD)
Upon acquiring possession of a
computer divide or computer system via a lawful
129
warrantless arrest, or by any other lawful
method, law enforcement authorities shall first
apply for a WECD before searching the said
computer device or computer system for the
purpose of obtaining forensic examination the
computer data contained therein
Where to file an application for a warrant
Before any of the designated cybercrime
courts of the province or the city where the
offense or any of its elements has been
committed, is being committed, or is about to be
committed, or where any part of the computer
system used is situated, or where any of the
damage caused to a natural or juridical person
took place. Cybercrime courts in Quezon City,
the City of Manila, Makati City, Pasig City,
Cebu City, Iloilo City, Davao City and Cagayan
de Oro City shall have the special authority to
act on applications and issue warrants which
shall be enforceable nationwide and outside the
Philippines.
evidence/#:~:text=Admissibility.,Privileged%
20communication.)
PRESERVATION ORDER
An order requiring a service provider to
keep, retain and preserve:
- The integrity of traffic data and subscriber's
information for a minimum period of 6 months
from the date of transaction
- Content data for 6 months from the date of
receipt of the order
DESTRUCTION ORDER
An order requiring the complete or
partial destruction, or the return to its lawful
owner or possessor, of the computer data or any
related items turned over to the court's custody
RULES ON ELECTRONIC EVIDENCE
(https://www.set.gov.ph/resources/rules-on-
electronic-evidence/)

Effective Period of Warrants RA 10173

For the length of time as determined by
the court, which shall not exceed 10 days from AN ACT PROTECTING
its issuance. INDIVIDUAL PERSONAL INFORMATION
Extendible, based on justifiable, for not more IN INFORMATION AND
than 10 days from the expiration of the original COMMUNICATIONS SYSTEMS IN THE
period. GOVERNMENT AND THE PRIVATE
SECTOR, CREATING FOR THIS
Extraterritorial Service of Warrants and PURPOSE A NATIONAL PRIVACY
Other Court Processes COMMISSION, AND FOR OTHER
For persons or service providers situated PURPOSES
outside the Philippines, service of warrants and
other court processes shall be coursed through Section 1. Short Title. – This Act shall be
the DOJ - Office of Cybercrime. known as the "Data Privacy Act of 2012″.

ADMISSIBILITY OF ELECTRONIC (https://lawphil.net/statutes/repacts/ra2012/ra

DIGITAL EVIDENCE OBTAINED _10173_2012.html)
(https://www.set.gov.ph/resources/rules-on-
electronic- RA 8792

130
 AN ACT PROVIDING FOR THE RA 9775
RECOGNITION AND USE OF
ELECTRONIC COMMERCIAL AND NON- AN ACT DEFINING THE CRIME
COMMERCIAL TRANSACTIONS AND OF CHILD PORNOGRAPHY,
DOCUMENTS, PENALTIES FOR PRESCRIBING PENALTIES THEREFOR
UNLAWFUL USE THEREOF AND FOR AND FOR OTHER PURPOSES
OTHER PURPOSES
Section 1. Short Title. - This Act shall be
Section 1. Short Title. – This Act shall be known as the "Anti-Child Pornography Act of
known as the “Electronic Commerce Act of 2009."
2000”.
(https://lawphil.net/statutes/repacts/ra2009/ra
(https://www.set.gov.ph/resources/revised-rules- _9775_2009.html)
of-court/republic-act-no-8792/)

RA 9995 RULES OF PROCEDURE FOR

ENVIRONMENTAL (A.M. NO. 09-6-8-SC)
AN ACT DEFINING AND Cases Act;
PENALIZING THE CRIME OF PHOTO  R.A. No. 8048, Coconut Preservation
AND VIDEO VOYEURISM, PRESCRIBING Act; R.A. No. 8435, Agriculture and
PENALTIES THEREFOR, AND FOR Fisheries Modernization Act of 1997;
OTHER PURPOSES  R.A. No. 9522, the Philippine
Archipelagic Baselines Law;
Section 1. Short Title. - This Act shall be  R.A. No. 9593, Renewable Energy Act
known as the "Anti-Photo and Video of 2008;
Voyeurism Act of 2009".  R.A. No. 9637, Philippine Biofuels Act;
And other existing laws that relate to the
(https://lawphil.net/statutes/repacts/ra2010/ra_99 conservation, development, preservation,
95_2010.html) protection and utilization of the environment
and natural resources.
RA 8484

AN ACT REGULATING THE ISSUANCE CUSTODY AND DISPOSITION OF;

AND USE OF ACCESS DEVICES, SEIZED ITEMS, EQUIPMENT,
PROHIBITING FRAUDULENT ACTS PARAPHERNALIA
COMMITTED RELATIVE THERETO, Section 1. Custody and disposition of seized
PROVIDING PENALTIES AND FOR items. - The custody and disposition of seized
OTHER PURPOSES items shall be in accordance with the applicable
laws or rules promulgated by the concerned
Section 1. Short title. – This Act shall be known
government agency.
as the "Access Devices Regulation Act of
1998."

(https://lawphil.net/statutes/repacts/ra1998/ra
_8484_1998.html)

131
Section 2. Procedure. - In the absence of depository bank for disposition
applicable laws or rules promulgated by the according to the judgment.
concerned government agency, the following
procedure shall be observed: RA 9003

 The apprehending officer having initial AN ACT PROVIDING FOR AN

custody and control of the seized items, ECOLOGICAL SOLID WASTE
equipment, paraphernalia, conveyances MANAGEMENT PROGRAM, CREATING
and instruments shall physically THE NECESSARY INSTITUTIONAL
inventory and whenever practicable, MECHANISMS AND INCENTIVES,
photograph the same in the presence of DECLARING CERTAIN ACTS
the person from whom such items were PROHIBITED AND PROVIDING
seized. PENALTIES, APPROPRIATING FUNDS
 Thereafter, the apprehending officer THEREFOR, AND FOR OTHER
shall submit to the issuing court the PURPOSES
return of the search warrant within five
(5) days from date of seizure or in case SECTION 1. Short Title. — This Act shall be
of warrantless arrest, submit within five known as the “Ecological Solid Waste
(5) days from date of seizure, the Management Act of 2000.”
inventory report, compliance report,
photographs, representative samples and
other pertinent documents to the public REPUBLIC ACT NO 6969
prosecutor for appropriate action.
 Upon motion by any interested party, AN ACT TO CONTROL TOXIC
the court may direct the auction sale of SUBSTANCES AND HAZARDOUS AND
seized items, equipment, paraphernalia, NUCLEAR WASTES, PROVIDING
tools or instruments of the crime. The PENALTIES FOR VIOLATIONS THEREOF,
court shall, after hearing, fix the AND FOR OTHER PURPOSES
minimum bid price based on the
recommendation of the concerned SECTION 1. Short Title. — This Act shall be
government agency. The sheriff shall known as the “Toxic Substances and
conduct the auction. Hazardous and Nuclear Wastes Control Act
 The auction sale shall be with notice to of 1990.”
the accused, the person from whom the (https://www.officialgazette.gov.ph/1990/10/2
items were seized, or the owner thereof 6/republic-act-no-6969/)
and the concerned government agency.
 The notice of auction shall be posted in RA 8749
three conspicuous places in the city or
AN ACT PROVIDING FOR A
municipality where the items,
COMPREHENSIVE AIR POLLUTION
equipment, paraphernalia, tools or
CONTROL POLICY AND FOR OTHER
instruments of the crime were seized.
PURPOSES
 The proceeds shall be held in trust and
deposited with the government

132
Section 1. Short Title. - This Act shall be
known as the "Philippine Clean Air Act of
1999."
(https://lawphil.net/statutes/repacts/ra1999/ra
_8749_1999.html)
REPUBLIC ACT NO. 9275
AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER
PURPOSES
SECTION. 1. Short Title. — This Act shall be
known as the “Philippine Clean Water Act of
2004.”
(https://www.officialgazette.gov.ph/2004/03/2
2/republic-act-no-9275/)
PUNISHABLE ACTS ABOUT
LOGGING AND TIMBER CUTTING
PRESIDENTIAL DECREE No. 54
PENALTIES FOR ILLEGAL LOGGING
1. Confiscation of the logs in question and
payment of fine to be imposed in accordance
with existing laws, rules and regulations and
suspension of the license and permit to operate
for six months during the cutting period, for the
first offense.
2. Confiscation of the logs in question and
payment of fine to be imposed in accordance
with existing laws, rules and regulations; and
immediate cancellation of the license and permit
to operate; and arrest and detention of the
offenders until ordered released by me or by my
duly authorized representative, for the second
offense.
REPUBLIC ACT NO. 3571
An Act to Prohibit the Cutting,
Destroying Or Injuring Of Planted or Growing
Trees, Flowering Plants and Shrubs or Plants Of
Scenic Value along Public Roads, In Plazas,
Parks, School Premises Or Any Other Public
Ground.
SEC. 3. No cutting, destroying, or
injuring of planted or growing trees, flowering
plants and shrubs or plants of scenic value along
public roads, in plazas parks, school premises or
in any other public ground shall be permitted
save when the cutting, destroying, or injuring of
same is necessary for public safety, or such
pruning of same is necessary to enhance its
beauty and only upon the recommendation of the
committee mentioned in the preceding section,
and upon the approval of the Director of Parks
and Wildlife. The cutting, destroying, or pruning
shall be under the supervision of the committee.
SEC. 4. Any person who shall cut, destroy or
injure trees, flowering plants and shrubs or
plants of scenic value mentioned in the
preceding sections of this Act, shall be punished
by prison correctional in its minimum period to
prison mayor in its minimum period.
Executive Order No. 277, series of 1987,
provides: "Section 1. Section 68 of
Presidential Decree (P.D.JNo. 705, as
amended, is hereby amended
(https://forestry.denr.gov.ph/pdf/ref/primer.p
df)
PRESIDENTIAL DECREE No. 705
REVISING PRESIDENTIAL DECREE NO.
389, OTHERWISE KNOWN AS THE
FORESTRY REFORM CODE OF THE
PHILIPPINES
(https://lawphil.net/statutes/presdecs/pd1975/
pd_705_1975.html)
133
 RA NO. 9147 violation by an unlawful act or omission of a
public official or employee, or private individual
AN ACT PROVIDING FOR THE or entity, involving environmental damage of
CONSERVATION AND PROTECTION OF such magnitude as to prejudice the life, health or
WILDLIFE RESOURCES AND THEIR property of inhabitants in two or more cities or
HABITATS, APPROPRIATING FUNDS provinces.
THEREFOR AND FOR OTHER
PURPOSES Section 2. Contents of the petition. - The
verified petition shall contain the following:
SECTION 1. Title. — This Act shall be known
as the “Wildlife Resources Conservation and  The personal circumstances of the
Protection Act.” petitioner;
 The name and personal circumstances of
(https://www.officialgazette.gov.ph/2001/07/30/ the respondent or if the name and
republic-act-no-9417/) personal circumstances are unknown
and uncertain, the respondent may be
RA 8550 described by an assumed appellation;
 The environmental law, rule or
AN ACT PROVIDING FOR THE regulation violated or threatened to be
DEVELOPMENT, MANAGEMENT AND violated, the act or omission complained
CONSERVATION OF THE FISHERIES of, and the environmental damage of
AND AQUATIC RESOURCES, such magnitude as to prejudice the life,
INTEGRATING ALL LAWS PERTINENT health or property of inhabitants in two
THERETO, AND FOR OTHER PURPOSES or more cities or provinces.
 All relevant and material evidence
SECTION 1. Title. — This Act shall be known consisting of the affidavits of witnesses,
as “The Philippine Fisheries Code of 1998.” documentary evidence, scientific or
other expert studies, and if possible,
(https://www.officialgazette.gov.ph/1998/02/25/
object evidence;
republic-act-no-8550/)
 The certification of petitioner under oath
that: (1) petitioner has not commenced
any action or filed any claim involving
WRIT OF KALIKASAN
the same issues in any court, tribunal or
quasi-judicial agency, and no such other
RULE 7
action or claim is pending therein; (2) if
WRIT OF KALIKASAN
there is such other pending action or
claim, a complete statement of its
Section 1. Nature of the writ. - The writ is a
present status; (3) if petitioner should
remedy available to a natural or juridical person,
learn that the same or similar action or
entity authorized by law, people’s organization,
claim has been filed or is pending,
non-governmental organization, or any public
petitioner shall report to the court that
interest group accredited by or registered with
fact within five (5) days therefrom; and
any government agency, on behalf of persons
whose constitutional right to a balanced and
healthful ecology is violated, or threatened with

134
  The reliefs prayed for which may
include a prayer for the issuance of a
TEPO.
Section 3. Where to file. - The petition shall be
filed with the Supreme Court or with any of the
stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall
be exempt from the payment of docket fees.
Section 5. Issuance of the writ. - Within three
(3) days from the date of filing of the petition, if
the petition is sufficient in form and substance,
the court shall give an order: (a) issuing the writ;
and (b) requiring the respondent to file a verified
return as provided in Section 8 of this Rule. The
clerk of court shall forthwith issue the writ under
the seal of the court including the issuance of a
cease and desist order and other temporary
reliefs effective until further order.
Section 6. How the writ is served. - The writ
shall be served upon the respondent by a court
officer or any person deputized by the court,
who shall retain a copy on which to make a
return of service. In case the writ cannot be
served personally, the rule on substituted service
shall apply.
Section 7. Penalty for refusing to issue or serve
the writ. - A clerk of court who unduly delays or
refuses to issue the writ after its allowance or a
court officer or deputized person who unduly
delays or refuses to serve the same shall be
punished by the court for contempt without
prejudice to other civil, criminal or
administrative actions.
Section 8. Return of respondent; contents. -
Within a non-extendible period of ten (10) days
after service of the writ, the respondent shall file
a verified return which shall contain all defences
to show that respondent did not violate or
threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit
any act resulting to environmental damage of
such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces.
All defences not raised in the return shall be
deemed waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert
studies, and if possible, object evidence, in
support of the defense of the respondent.
A general denial of allegations in the petition
shall be considered as an admission thereof.
WRIT OF MANDAMUS
A writ of mandamus is a remedy that
can be used to compel a lower court to perform
an act that is ministerial in nature and that the
court has a clear duty to do under law. When
filing a petition for writ of mandamus, you must
show that you have no other remedy available.
A writ of mandamus is different from an
appeal. It asks the higher court to order the
lower court to rule on some issue, but does not
tell the judge how to rule. In an appeal, you
would be asking the higher court to rule that the
trial court made an error at the trial, such as
improperly admitting evidence or giving
incorrect jury instructions.
ENVIRONMENTAL PROTECTION
ORDER
(REFER FROM THE MODULE)
-NIVERA
135