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ORTEA CRIMINOLOGY REVIEW CRIMINAL

What is criminal investigation?


It is the art, which deals with the identity and
location of the criminal offender and the
gathering and providing evidence of his guilt in
criminal proceedings.
Investigation is the collection of facts to
accomplish a three-fold aim:
a) to identify the suspect;
b) to locate the suspect; and
c) to provide evidence of his guilt.

The term investigation comes from the Latin word


“vestigare” which means:
to track or trace or probe
to observe or study closely
to inquire into something systematically
to search for truthful information

What are the forerunners of criminal


investigation?
1. Assigning responsibility to a given individual
or family
2. Frank-Pledge System – members of the
tithing are responsible for detecting and
controlling any negative behavior on the part of
the member.
3. Parliamentary reward system
4. Thief-taking
5. Rattle watch

Jonathan Wild

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He was a former criminal who was the first to


introduce the idea of thief-taking.

Eugene Vidocq
He was a criminal turned Paris investigator. He
is credited with the founding la Surete, France’s
national detective organization.

Sir Henry Fielding


He founded the Bow Street Runners, England’s
first plainclothes investigators. (1754)

John Fielding
He is the younger brother of Henry Fielding who
succeeded as the head of the Bow Street
Runners.

Sir Robert Peel


He is the founder and chief organizer of the
London Metropolitan Police.

Inspector Thomas Byrnes


He was a former chief of detectives in New York
and credited to have developed the “modus
operandi” technique.

Modus operandi
It is the method of the operation by specific
criminal or criminal syndicates. It is the distinct
pattern of how a crime is committed and is
established by a series of crimes under one
classification.

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Figure 1.1 Termite Gang Modus Operandi

Allan Pinkerton
He is regarded as “America’s Founder of
Criminal Investigation” and the most famous
private investigator of his time.

Kate Warne (1833 – January 28, 1868)- first


female detective, in 1856, in the Pinkerton
Detective Agency and the United States.

Where did the term “detective” originate?


Charles Dickens first introduced the term
“detective” in his novel Bleak House specifically
designating an investigative law enforcement
officer.

Dr. Edmond Locard (13 December 1877 – 4 May


1966) was a pioneer in forensic science who
became known as the Sherlock Holmes of France.
He formulated the basic principle of forensic
science as: "Every contact leaves a trace".

1852 – First Police Line-up in Boston was


introduced.

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1961 – U.S. Supreme Court in case of Mapp vs.


Ohio rules that “illegally obtained evidence is
inadmissible”.

1966 – Miranda vs. Arizona. Established the


rights of a person under custodial investigation.

Alphonse Bertillon - Father of Anthropometry;


Father of Mug Shot

What are the different phases of criminal


investigation?
The main objective of a police investigator is to
gather all facts in order to:
Phase I – Identify the suspect/s through (1)
confession; (2) eyewitness testimony, (3)
circumstantial evidence; and (4) associate
evidence;
Phase II – Locate and apprehend suspect/s; and
Phase III – Gather and provide evidence to
establish the guilt of the accused.

In proving the guilt of the accused in court, the


fact of the existence of the crime must be
established; the accused must be identified and
associated with the crime scene; competent and
credible witnesses must be available; and the
physical evidence must be appropriately
identified. The investigator must know by heart
the elements of a specific crime.

What are the three tools of investigation?

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1. Information – it is the knowledge or facts


which the investigator had gathered or acquired
from persons or documents, which are
pertinent or relevant concerning the
commission of a crime or criminal activities.
2. Interview, Interrogation and Field Inquiry
3. Instrumentation – it is the process of
applying instruments or tools of the police
sciences in criminal investigation and detection.

What are the classifications of information


according to sources?
1. Regular sources – records, files from
government or non-government agencies
and news items
2. Cultivated sources – information furnished
by informants or informers.
3. Grapevine sources – these are information
coming from the underworld characters

Figure 1.2 PNP CHIEF GIVES P5.2M REWARD TO


INFORMANT AFTER GIVING INFO ABOUT DELFIN
LEE, OWNER OF GLOBE ASIATIQUE, WHO
DEFRAUDED GOV’T AND HOME BUYERS

Distinguish interview, interrogation and field


inquiry.
Interview is the simple questioning of a person
who cooperates with the investigator.

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Interrogation is the process of obtaining an


admission or confession from those suspects to
have committed a crime.
Field inquiry is the general questioning of all
persons at the crime scene conducted by the
investigator.
NOTE: It is only in interrogation that a person is
protected by the Miranda rights.

A Philosophy of Interview and Interrogation:


1. The RIGHT officer
2. Asking the RIGHT questions
3. In the RIGHT manner
4. At the RIGHT time and in the RIGHT place
5. Will get the RIGHT answers

What should the duty desk officer do if there is a


call/walk-in complainant?
1. Record the time it was reported;
2. Get the identity of the caller/complainant;
3. Get the place of the incident;
4. Get the nature of the incident;
5. Get the number of victim/s;
6. Record a brief synopsis of the incident;
7. Direct the nearest mobile car/beat
patrollers or the nearest police precinct to
act as first responder equipped with “police
line” to secure the place of incident a
camera; and
8. Inform the duty investigator (preferably one
team of investigators).

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THE CRIMINAL INVESTIGATOR

Who is a criminal investigator?


He is the skilled person who is charged with the
duty of conducting criminal investigation when a
crime is committed.

What are the qualities of a good investigator?


1. Perseverance
2. Endurance
3. Incorruptible honesty and integrity
4. Intelligence and wisdom of Solomon
5. The knowledge of psychology and other
natural sciences
6. Acting ability
7. Mastery of the oral and written
communication
8. Keen power of observation and description
9. Courage
10. Working knowledge of Criminal Law,
Evidence, Criminal Procedure and Special
Penal Laws
11. Sense of justice and fair play
12. Power to read between the lines
13. Working knowledge of martial arts
and firearms proficiency

In the performance of his duties, what must the


investigator seek to establish?
The investigator must seek to establish the six
(6) cardinal points of investigation, namely:
a) what specific offense has been committed;
b) how the offense was committed;

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c) who committed it;


d) where the offense was committed;
e) when it was committed; and
f) why it was committed.

Who shall conduct criminal investigation?


The Police Station, which has territorial
jurisdiction of the area where the crime incident
was committed, shall immediately undertake the
necessary investigation and processing of the
crime scene, unless otherwise directed by higher
authorities for a certain case to be investigated
by other units/agency.

What is a police blotter?


A Police Blotter is an 18” x 12” logbook with
hard-bound cover that contains the daily register
of all crime incident reports, official summary of
arrests, and other significant events reported in a
police station.
As a general rule, all crime incidents must be
recorded in the official police blotter. A separate
Police Blotter, however, shall be maintained for
offenses requiring confidentiality like violence
against women and children and those cases
involving a child in conflict with the law to
protect their privacy pursuant to R.A. 9262 (Anti-
Violence Against Women and Children Act of
2004) and R.A. 9344 (Juvenile Justice and Welfare
Act of 2006).

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Figure 1.3 The police blotter in the Espinosa case


with noticeable corrections and erasures

What should the duty police officer do in


recording an incident in the police blotter?
The duty police officer shall record the nature of
the incident in the police blotter containing the
five “W”s (who, what, where, when and why) and
one “H” (how) of the information and inform his
superior officer or the duty officer regarding the
occurrence of such incident.
In answering the above 5 Ws and 1 H and the
Case Disposition, all such material details about
the incident, including the nature of the action or
offense; the Date, Time, and Place of Occurrence;
the names of the suspect/s, the victim/s, the
witness/es, if any; facts of the case; significant
circumstances that aggravate or mitigate the
event or the crime should be entered along with
the identity of the officer to whom the case is
assigned (Officer-on-case); and, the status of the
case.

What is the purpose of having an investigator’s


notebook?
Considering the mass of details and the number
of cases which in some instances an investigator

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is handling, it is very possible that he might forget


some details. Many of the details associated with
the investigation, while not essential to the
report, might become points of interest to the
court when the case is brought to trial.
Experienced investigators employ a notebook to
record the relevant details of the case. During
trial, the court allows investigators to consult
their notes to refresh their memory.

How should an investigator make notes in the


investigator’s notebook?
The data of the investigation should be
recorded in a complete, accurate and legible
fashion so that in the event another investigator
is required to assume responsibility for the
investigation, he can make intelligent use of the
notebook.

What are the common investigation oversights?


What can be the remedies for these?

1. Incomplete Case Folder – lack of material


documentation of the case under investigation.
Recommended Remedies – include the police
reports in chronological order such as police
blotter, spot, progress and final investigation
report. Also, append the scene of crime
operation reports, forensic reports and
photographs. Further, if possible, attach the
profile of victim/s and suspect/s, as well as the
status of the party involved and the case.

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2. No template for the conduct of


investigation – police personnel are not
knowledgeable about crime scene preservation
and basic investigation.
Recommended Remedies – every police
personnel should mandatorily undergo
investigation training giving priority to those in
the field units.

3. Inadequacy of coordination – the SOCO,


investigators, prosecutors and other concerned
agencies work separately and independently in
the conduct of their investigation.
Recommended Remedies - case conferences
should be encouraged at the start of the
investigation. The conferences should be
attended by the SOCO, investigators,
prosecutors, IBP lawyers and other concerned
agencies in order to ensure the coordinated
actions in the preparation of an airtight case
folder.

4. Failure to prosecute – pertains to absence


of police investigator during trial to act as
prosecutor’s witness due to retirement and
transfer of concerned investigator.
Recommended Remedies – proper turn-over of
case folders handled by investigators who shall
retire or be transferred, as requisite before the
issuance of office clearance.

5. Chain of Custody – non-observance of


proper documentation in the turn-over of

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evidence from one officer to another or one


office to another.
Recommended Remedies – documentation on
the turn–over of evidence with actual receipt
should be observed and non-observance should
be the basis for administrative sanctions.

6. Less appreciation of electronic evidence –


police investigators take for granted the
electronic devices such as cellphones,
computers and other electronic devices can be
processed to give investigative leads.
Recommended Remedies – proper training on
the preservation and processing of electronic
devices should be prioritized for all investigators
in the field.

CRIME SCENE INVESTIGATION

What is a crime scene?


The crime scene is the area surrounding the
place where the crime occurred.
The crime scene can be understood to include
all areas in which the criminal, any possible
victim, and any eyewitness move during the time
the crime was committed.
The boundaries must be established so that
the entire crime scene can be effectively
preserved.
In some crimes, however, the crime scene may
actually comprise several different sites.

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What is the meaning of “processing the crime


scene”?
Processing a crime scene includes the
application of diligent and careful methods by an
investigator to recognize, identify, preserve and
collect fact and items of evidentiary value that
may assist in reconstructing that which actually
occurred. The processing of the area at the scene
includes all direct traces of the crime. And this is
determined by the type of crime committed and
the place where the act occurred.

Figure 1.4 CRIME SCENE PROCESSING

What should the desk officer do after a receipt


of report of a Crime Incident?
He should record the date and time the
report/complaint was made, the identity of the
person who made the report, place of the
incident and a synopsis of the incident. Inform
his superior officer or the duty officer regarding
the report.

What are the priorities of the first police officer


upon arrival at any crime scene?
1. Try to save life. If possible.
2. If the suspect is at the scene, apprehend
him.
3. Protect and preserve the crime scene.

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4. Investigate.

What are the duties of the first responder?


1. Proceed to the crime scene to validate the
information received;
2. Record the exact time of arrival and all
pertinent data regarding the incident in his
issued pocket notebook and notify the TOC;
3. Cordon off the area and secure the crime
scene with a police line or whatever
available material like ropes, straws or
human as barricade to preserve its
integrity;

Figure 1.5 SECURING THE CRIME SCENE


4. Check whether the situation still poses
imminent danger and call for back up if
necessary;
5. Identify possible witnesses and conduct
preliminary interview and ensure their
availability for the incoming investigator-
on-case;
6. Arrest the suspect/s if around or in
instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet
operations;

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7. Prepare to take the “Dying Declaration” of


severely injured persons with the following
requisites:
a. That death is imminent and the
declarant is conscious of that fact;
b. That the declaration refers to the
cause and surrounding circumstances of
such death;
c. That the declaration relates to facts
which the victim is competent to testify
to; and
d. That the declaration is offered in a
case wherein the declarant’s death is the
subject of the inquiry. (Section 37, Rule
130 of the Rules of Court).
NOTE: However, if there is still a chance to
ask more questions, then follow-up should
be done. The statement, once reduced into
writing, shall be duly signed by or with
thumb mark of the victim.
8. Evacuate the wounded to the nearest
hospital using emergency services;
Note: The other member/s of the first
responders shall remain at the crime scene
to secure the premises.
9. Account for the killed, wounded and
arrested persons for proper disposition;
10. Conduct initial investigation; and
11. Brief the investigator-on-case upon
arrival and turn over the crime scene.
12. Conduct inventory on the evidence
taken at the crime scene;

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13. Inventory receipt should be properly


signed by the first responder, SOCO and the
investigator.

What is the composition of an investigation


team?
The composition of an investigation team is as
follows:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist
NOTE: All investigators in any police unit must be
a graduate of prescribed investigation course
with a rank of at least PO2 (pre-requisite to
assignment).

What are the equipment of the investigator?


1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials; and
12. Investigator’s tickler (contains the
following)
a. Investigator’s checklist

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b. Anatomical diagram form


c. Evidence checklist
d. Turn-over receipt

What is a Command Post?


It is an area which, is ideally located adjacent
to the Crime Scene where the CSI Evidence
Custodian stays and receives the pieces of
evidence turned over to him for safekeeping by
the other evidence collectors.

Initiation of Preliminary Survey


1. Makes a general assessment
2. Takes a cautious walk- through
3. Takes down extensive note to document
important factors
4. Establishes the evidence most likely to be
encountered
5. Defines the extent of the search area
6. Determines the personnel and equipment
needed, and makes specific assignments
7. From his assessments, he develops a
general theory of the crime scene.
8. Removable inferences about what
happened are produced from the crime scene
appearance and information from what
happened. These theories will give the crime
investigator to document specific conditions
and recognize valuable physical evidence.

What are the duties and responsibilities of the


investigating team in the crime scene?

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1. Take full control of the crime scene to


include the conduct of crime scene search;
taking of photographs; making sketches;
lifting of fingerprints; markings of physical
evidence; (Chain of custody) the transmittal
of evidence to crime laboratory; interview
of witnesses; gathering and evaluation of
evidence; follow-up of the case and the
documentation and filing of appropriate
charges in court.
2. Establish a command post in the immediate
vicinity of the crime scene;
3. Designate a holding area in the immediate
vicinity of the crime scene (for the media,
VIP’s and other personalities present);
4. Conduct case conference with the first
responder, SOCO, other law enforcers and
rescue personnel;
5. Note any secondary crime scene (if
situation requires); and
6. Release the crime scene after investigation.

What is the golden rule at the crime scene?


Never touch any object at the crime scene
unless photographed, measured and indicated in
the sketch.

What are the investigation procedures at the


crime scene?
1. Receive the crime scene from the first
responder.
2. Record time/date of arrival at the crime scene,
location of the scene, condition of the

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weather, condition and type of lighting,


direction of wind and visibility.
3. Photograph and/or video the entire crime
scene.
4. Before entering the crime scene, all
investigators must put on surgical gloves.
5. Before touching or moving any object at the
crime scene in a homicide or murder case,
determine first the status of the victim,
whether he is still alive or already dead. If the
victim is alive, the investigator should exert
effort to gather information from the victim
himself regarding the circumstances of the
crime, while a member of the team or
someone must call an ambulance from the
nearest hospital. Before removing the victim,
mark, sketch and photograph his/her relative
position. Only a coroner or a medical examiner
shall remove the dead body unless unusual
circumstances justify its immediate removal.
6. Designate a member of the team or ask other
policemen or responsible persons to stand
watch and secure the scene, and permit only
authorized persons to enter the same.
7. Identify and retain for questioning the person
who first notified the police, and other
possible witnesses.
8. Determine the assailant through inquiry or
observe him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get
independent statements.

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Documentation
This documentation is made by the crime
scene investigator for purposes of future crime
scene reconstruction which help the prosecutor
and the judge understand conditions at the crime
scene.

Narrative Report
Represent scene in a general to specific
scheme, consider structured factors such as:
lights on/off, newspaper on driveway/in house,
drapes pulled, open or shut. This written record
could serve as the only source of information for
refreshing one’s memory month or years after a
crime has been processed.

Preparation of Narrative Report


The team leader uses the systematic approach in
making a narrative report.
1. Represent Crime Scene in a general to specific
scheme.
2. Includes structural factors such as:
Lights on/off
Newspaper on driveway/in home
Drapes pulled, on or shut

How should crime scene recording be done by


the investigator?
The investigator begins the process of recording
pertinent facts and details of the investigation
the moment he arrives at the crime scene. (He
should record the time when he was initially
notified prior to his arrival). He also writes down

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the identification of persons involved and what


he initially saw. He also draws a basic sketch of
the crime scene and takes the initial photograph
(if a photographer is available, avail his services).
This is to ensure that an image of the crime scene
is recorded before any occurrence that disturbs
the scene. As a rule, do not touch, alter or
remove anything at the crime scene until the
evidence has been processed through notes,
sketches and photograph, with proper
measurements.

Note Taking
Note taking must be a constant activity
throughout the processing of the crime scene.

Notes must include:


1. Detailed written description of the Crime
Scene with locations of physical evidence
received
2. The time when the physical evidence was
discovered
3. The person who discovered and collected
physical evidence
4. How the evidence was packaged and
marked
5. The disposition of the item when it was
collected

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What is the main objective of Crime Scene


Photography?
To create an accurate objective visual record of
the crime scene before any item is moved as
possible physical evidence.

Photographing the Crime Scene


General view - The general view of the scene
must be photographed in different angles,
showing the specific location of every physical
evidence discovered during the search.
Close-up view - Every physical evidence must be
photographed in a close-up view for different
angles. And these close-up views must be
enlarged in court presentation.
Color photography - It is advisable to use colored
photograph to enhance their effects on the
senses of the court.

The Major Types of Pictorial Views


1. Long- range photograph of the over all 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

What are the procedures on taking


photographs?
1.Overall photos of the scene are taken to show
the approach to the area, street signs, and
street light locations in relation to the actual
scene, street addresses and identifying objects

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at the scene. Pictures should also be taken of


every room in the house, even if their
relationship to the crime scene is not readily
apparent.
2.Photograph the scene in a clockwise pattern
before altering the body's position or any other
evidence within the scene. Photograph the
scene from at least 2 opposite corners, but
from all four corners is even better. This way,
nothing is missed or hidden from view by
intervening objects.
3.Photograph the body and the immediate
vicinity around the body. If you have a camera
boom, take pictures from ceiling height down
of the victim and any other evidence. This
perspective often shows things missed when
viewed from ground or eye level.
4.Keep a photo log.

Guidelines for taking photographs of a Crime


Scene
1. Photographs of a crime scene should be
taken as soon as possible, before note taking,
sketching or a search for evidence begins.
2. The pictures should illustrate the original,
uncontaminated condition of the crime scene.
3. Photographs should be taken of the crime
scene only, without spectators or police
personnel.
4. To adequately present the crime scene
initially, the photographs must form
an organized sequence and show all relevant
locations and objects.

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5. The crime scene photographs must


progress from general to specific.

What is a crime scene sketch?


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

What are the general kinds of sketch?


1. Rough sketch – it is made by the
investigator at the crime scene which is full
of important details but without the scale of
proportion.
2. Finished sketch – this is a sketch with a
scale of proportion and drawn by a
draftsman.

Figure 1.6 Sketch

What are the specific kinds of sketch?


1. Sketch of locality - it deals with the crime
scene in relation to the environs, to include
neighboring buildings, structures, or means of
access leading the scene.

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2. Sketch of the ground - it pictures the scene of


the crime with its nearest physical surroundings.
3. Sketch of details – it describes immediate
scene only,
4. Cross projection or exploded view - In this
method, the walls and ceiling are pictures as if
they are on the same plane as the floor. This will
give a clear impression of the scene in cases
where blood stains or bullet holes are found in
the walls or on the ceiling.

What are the different elements of a crime


scene sketch?
1. Measurements – must be accurate.
Types of Measurements
1. Triangulation method an object is located
by drawing two straight lines from two fixed
points creating a triangle; the object is in an
angle formed by the line.
-sketching method that requires measuring the
distance of an object along a straight line from
two widely separated fixed reference points.
2. Rectangular coordinates method - this
method uses two walls in a room as fixed
points, from which distances are measured at
right angle to the object.
3. Baseline method - a sketching method that
makes measurements along from a single
reference line called a baseline, which can be
established by using a length of string, chalk
line, or some other convenient means
4. Compass point method - A sketching
method that requires a protractor or some

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method of measuring angles between two


lines. One point is selected as the origin and a
line extending from the origin becomes an axis
from which the angles can be measured.

Figure 1.7 TRIANGULATION, BASELINE AND


POLAR COORDINATE METHOD

2. Compass direction – a standard arrow to


indicate the north direction.
3. Essential items – sketch must include
important items of investigation.
4. Scale of proportion – it is an element of the
finished sketch. This is not an element of a
rough sketch. It is the proportion of the finished
sketch to the actual size or measurement at the
scene.
5. Legend – the explanation of any symbol
used to identify objects must be stated.
6. Title – this is the portion of the sketch to
identify the particular case by the name of the

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victim, the exact address of the scene, the date


and time of occurrence and the name of the
sketcher.

What are the procedures on making a sketch?


1. To establish admissibility, the investigator
must have personal observation of the data
in question. In other words, the sketch must
be sponsored or verified.
2. REMINDER: Sketches are not a substitute
for notes or photos; they are but a
supplement to them.
3. Types of sketches:
a. Floor plan or “bird’s-eye view”;
b. Elevation drawing;
c. Exploded view; and
d. Respective drawings.
4. Write down all measurements.
5. Fill in all the details on your rough sketch at
the scene. Final sketch may be prepared at
the office.
6. Keep the rough sketch even when you have
completed the final sketch.
7. Indicate the North direction with an arrow.
8. Draw the final sketch to scale.
9. Indicate the PLACE in the sketch as well as
the person who drew it. Use KEY-capital
letters of the alphabet for listing down
more or less normal parts or accessories of
the place, and numbers for items of
evidence.
10. Indicate the position, location and
relationship of objects.

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11. Methods or systems of locating


points (objects) on sketch:
a. Rectangular coordinates.
Measurements at right angles from each
of two walls.
b. Coordinates constructed on
transecting base line. Choose relatively
fixed points for your base line.
c. Triangulation. Measurements made
from each of two fixed objects to the point
you want to plot or locate so as to form an
imaginary triangle. Sketch will show as
many imaginary triangles as there are
objects plotted.
12. Critical measurements, such as skid
marks, should be checked by two (2)
investigators.
13. Measurements should be harmony or
in centimeters, inches, yards, meters, mixed
in one sketch.
14. Use standard symbols in the sketch.
15. Show which way the doors swing.
16. Show with arrow the direction of
stairways.
17. Recheck the sketch for clarity,
accuracy, scale, and title, key.

How should the investigators search for


evidence?
1. Each crime is different, according to the
physical nature of the scene and the crime or
offense involved. Consequently, the scene is
processed in accordance with the prevailing

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physical characteristics of the scene and with


the need to develop essential evidentiary facts
peculiar to the offense. A general survey of the
scene is always made, however, to note the
locations of obvious traces of action, the
probable entry and exit points used by the
offender(s) and the size and shape of the area
involved.
2. In rooms, buildings, and small outdoor
areas, a systematic search of evidence is
initiated (In the interest of uniformity, it is
recommended that the clockwise movement
be used.) The investigator examines each item
encountered on the floor, walls, and ceiling to
locate anything that may be of evidentiary
value.
3. You should give particular attention to
fragile evidence that may be destroyed or
contaminated if it is not collected when
discovered.
4. If any doubt exists as to the value of an
item, treat it as evidence until proven
otherwise.
5. Ensure that the item or area where latent
fingerprints may be present is closely
examined and that action is taken to develop
the prints.
6. Carefully protect any impression of
evidentiary value in surfaces conducive to
making casts or molds. If possible, photograph
the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within
the scene and treat them as evidence.

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8. Treat as evidence all other items, such as


hairs, fibers, and earth particles foreign to the
area in which they are found; for example,
matter found under the victim’s fingerprints.
9. Proceed systematically and uninterruptedly
to the conclusion of the processing of the
scene. The search for evidence is initially
completed when, after a thorough
examination of the scene, the rough sketch,
necessary photograph and investigative notes
have been completed and the investigator has
returned to the point from which the search
began.
10. Further search may be necessary after the
evidence and the statements obtained have
been evaluated.
11. In large outdoor areas, it is advisable to
divide the area into strips about four (4) feet
wide. The policeman may first search the strip
on his left as he faces the scene and then the
adjoining strips.
12. It may be advisable to make a search
beyond the area considered to be the
immediate scene of the incident or crime. For
example, evidence may indicate that a weapon
or tool used in the crime was discarded or
hidden by the offender somewhere within a
square-mile area near the scene.
13. After completing the search of the scene,
the investigator examines the object or person
actually attacked by the offender. For
example, a ripped safe, a desk drawer that has
been pried open or a room from which items

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has been stolen, would be processed after the


remainder of the scene has been examined for
traces of the offender.
14. In a homicide case, the position of the
victim should be outlined with a chalk or any
other suitable material before the body is
removed from the scene. If the victim has
been pronounced dead by a doctor or is
obviously dead, it is usually advisable to
examine the body, the clothing and the area
under the body after the remainder of the
scene has been searched. This is to enable the
policeman/investigator to evaluate all objects
of special interest in the light of all other
evidence found at the scene.

What are the different methods of crime scene


search?
1. Strip Search Method - (3) Searchers A, B,
and C, proceed slowly at the same pace
along paths parallel to one side of the
rectangle. When a piece of evidence is
found, the finder announces his discovery
and the search must stop until the evidence
has been cared for. A photographer is
called, if necessary. The evidence is
collected and tagged and the search
proceeds at a given signal. At the end of the
rectangle, the searchers turn and proceed
along new lanes as shown in the above
illustration.
2. Double Strip Search Method – the double
strip or grid method of search is a

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modification of the Strip Search Method.


Here, the rectangle is traversed first parallel
to the base then parallel to a side.
3. Spiral Search Method – In this method, the
three searchers follow each other along the
path of a spiral, beginning on the outside
and spiraling in toward the center.
4. Zone Search Method – in this method, one
searcher is assigned to each subdivision of a
quadrant, and then each quadrant is cut
into another set of quadrants.
5. Wheel Search Method – In this method of
search, the area is considered to be
approximately circular. The searchers
gather at the center and proceed outward
along radii or spokes. The procedure should
be repeated several times depending on the
size of the circle and the number of
searchers. One shortcoming of this method
is the great increase in the area to be
observed as the searcher departs from the
center.

Figure 1.8 CRIME SCENE SEARCH METHODS

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How should the investigators collect pieces of


evidence?
This is accomplished after the search is
completed, the rough sketch finished and
photographs taken. Fragile evidence should be
collected as they are found. All firearms (FAs)
found to have tampered serial numbers (SNs)
shall be automatically subjected to macro etching
at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding request to
the Firearms and Explosive Office (FEO) must be
made for verification purposes.
The investigator places his initials, the date and
time of discovery on each item of evidence for
proper identification. Items that could not be
marked should be placed in a suitable container
and sealed.

What should be done to the pieces of evidence


before its submission to the evidence
custodian?
Any physical evidence obtained must be marked
or tagged before its submission to the evidence
custodian.

What is the importance of having the evidence


marked?
These are information to ensure that the items
can be identified by the collector at any time in
the future. This precaution will help
immeasurably to establish the credibility of the
collector’s report or testimony and will effectively

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avoid any suggestions that the item has been


misidentified.

What should be marked on the evidence?


Markings on the specimen must at least contain
the following:
1. Exhibit Case Number
2. Initials and or signature of the collecting
officer.
3. Time and date of collection.
NOTE: It is also important to note the place or
location where the evidence was collected.

Figure 1.9 MARKED EVIDENCE

How should evidence be evaluated?


Each item of evidence must be evaluated in
relation to all the evidence, individually and
collectively. If necessary, these pieces of evidence
must be subjected to crime laboratory
examination.

Who has the duty of preserving the evidence?


It is the investigator’s responsibility to ensure
that every precaution is exercised to preserve
physical evidence in the state in which it was

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recovered/ obtained until it is released to the


evidence custodian.

When can evidence be released?


All collected evidence can only be released
upon order of the court or prosecutor, as the
case maybe.

What is chain of custody?


It is the number of persons who handled and
possessed the pieces of evidence the moment
they were collected, marked and tagged, up to
the time of the final disposition of the case.
It is a list of all persons who came into
possession of an item of evidence, continuity of
possession, or the chain of custody, must be
established whenever evidence is presented in
court as an exhibit. Adherence to standard
procedures in recording the location of evidence,
marking it for identification, and properly
completing evidence submission forms for
laboratory analysis is critical to chain of custody.
Every person who handled or examined the
evidence and where it is at all times must be
accounted for.

What is the rule in keeping the evidence?


As a rule, all seized evidence must be in the
custody of the evidence custodian and deposited
in the evidence room or designated place for
safekeeping.

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What is needed in transmitting evidence to


crime laboratory?
Proper handling of physical evidence is
necessary to obtain the maximum possible
information upon which scientific examination
shall be based, and to prevent exclusion as
evidence in court. Specimens which truly
represent the material found at the scene,
unaltered, unspoiled or otherwise unchanged in
handling will provide more and better
information upon examination. Legal
requirements make it necessary to account for all
physical pieces of evidence from the time it is
collected until it is presented in court.

What principles should be observed in handling


all types of evidence?
1. The evidence should reach the laboratory in
same condition as when it was found, as much
as possible.
2. The quantity of specimen should be
adequate. Even with the best equipment
available, good results cannot be obtained
from insufficient specimens.
3. Submit a known or standard specimen for
comparison purposes.
4. Keep each specimen separate from others
so there will be no intermingling or mixing of
known and unknown material. Wrap and seal
in individual packages when necessary.
5. Mark or label each of evidence for positive
identification as the evidence taken from a

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particular location in connection with the


crime under investigation.
6. The chain of custody of evidence must be
maintained. Account for evidence from the
time it is collected until it is produced in court.
Any break in this chain of custody may make
the material inadmissible as evidence in court.

When is there a need for SOCO Assistance?


1. In cases where the crime scene needs
special processing due to its significance or
because of its sensational nature, the Scene of
the Crime Operation (SOCO) specialists of the
Crime Laboratory shall be requested.
2. If the situation involves a clandestine drug
laboratory, biological weapons, radiological or
chemical threats, the appropriate agency
should be contacted prior to entering the
scene.
3. Significant Cases:
a. Bombing Incident
b. Initiated terrorist activities
c. Raids, ambuscade, liquidation
d. KFR case
e. Armed Robbery of Banks and other
f.Financial institution
g. Calamity/Disaster
h. Massacre
i.Heinous crimes (as defined by law)
j.Murder, Homicide, Arson, Rape with Homicide
4. Sensational Cases:
a. Elected Public Officials (Brgy Captain up to
President of the RP)

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b. Appointed public officials with the rank of


commissioner, secretary and undersecretary
c. Foreign diplomat
d. Any foreigner
e. PNP/AFP personnel
f.Former high-ranking government officials
g. Other prominent figures such as movie
stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and
prominent leaders of religious organizations.

What should the investigators do before


releasing the crime scene?
1. Ensure that appropriate inventory has been
provided.
2. Release the scene with the notion that
there is only one chance to perform job
correctly and completely.
3. Release is accomplished only after
completion of the final survey and proper
documentation.

Conduct of Final Survey


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

Release of the Crime Scene


The release of the crime scene is done if the
investigator is satisfied that all pieces of evidence
have been recovered. Thus, the investigator
must evaluate the items recovered from the
results of the interrogations of the suspect/s and

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the interview of the witnesses. He must bear in


mind that upon the formal release of the crime
scene to the proper authority, the warrant is
already required for his re- entry to the crime
scene.

What is the procedure in releasing the crime


scene?
1. Ensure that appropriate inventory has been
made;
2. Release is accomplished only after
completion of the final survey and proper
documentation of evidence, witness/es,
victim/s and suspect/s; and
3. If the crime scene is within a private
property, the same must be released to the
lawful owner witnessed by any barangay
official. In case of government facility, it
should be released to the administrator.

What is crime reconstruction?


It is the assessment made by the investigator
after the crime scene investigation, of how the
crime is committed.

What are the kinds of crime reconstruction?


1. Physical reconstruction – based on the
physical appearance of the crime scene mainly
focused on the pieces of physical evidence.
2. Mental reconstruction – some conclusions
could be formulated taking into account all
available pieces of evidence.

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PROPER HANDLING, COLLECTION AND


PRESERVATION OF EVIDENCE

Biological Evidence for DNA Analysis


DNA examination of recovered pieces of
evidence will surely lead to the conviction of the
perpetrator of a crime of violence if the following
critical points are strictly observed:
1. Documentation of Physical Evidence at the
Crime Scene- if the recovered pieces of physical
evidence are not properly documented, its
origin can be questioned. No physical evidence
shall be moved until its original condition and
position have been recorded by note,
photograph, videotape and sketching.
2. Proper Collection of Evidence for Examination-
evidence that could be subjected for DNA
analysis is generally limited to substances that
are biological nature. It should be remembered
that not all biological materials submitted to the
DNA Forensic laboratory will provide sufficient
DNA for analysis. Likewise, the biological
activity of the evidence will be lost if not
properly collected.
3. Preservation- biological specimens which, are
not properly preserved will decomposed and
deteriorate. This will seriously affect the
outcome of the DNA typing.
4. Marking of Evidence – for purpose of
identification.
5. Individual Packaging and Sealing- improper
packaging will possibly cause cross

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contamination. Substitution or switching of


evidence is also possible.
6. Proper Chain of Custody- the different persons
responsible for the custody of the evidence
from the time of collection up to the time the
evidence reaches the court on critical in a
successful prosecution of a criminal case.

The capability of a Forensic DNA laboratory to


provide maximum scientific information will
highly depend on the condition of the biological
evidence submitted for analysis.

Blood Evidence
1 Liquid Blood Samples
1. Blood extraction from a person should be
done by a qualified medical practitioner
2. Five (5) ml of blood should be collected of
each of the two (2) vacutainers with EDTA as an
anti- coagulant and kept in the refrigerator prior
to submission to the DNA laboratory.
3. Blood clot could be transferred with a spatula
to a test tube counting saliva or to a cotton
cloth and then air- dried or gauze.
4. Liquid blood should be collected with a
sterilized syringe or pipette and transferred to a
sterile test tube with EDTA as preservative.
Liquid Blood Sample could likewise be absorbed
by a cotton cloth and thoroughly air- dried.
5. Collected liquid Blood Samples from the Crime
Scene must be refrigerated only and submitted
to the forensic DNA laboratory as soon as
possible.

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6. Blood mixed with water could be collected


into a plastic container using a syringe and
frozen prior to submission to the DNA
laboratory.
7. Label the specimen with the case number,
time and date of collection, location as well as
the initials of the evidence collector.

2 Blood Stains
1. Wet bloodstains on movable objects should
first be air- dried before they are sent to the
DNA laboratory for analysis.
2. When thoroughly dried, each item should be
placed in separate paper bags, properly labeled
and sealed.
3. Wet blood stains on immovable large object
should be rubbed or wipe it with clean cotton
cloth or gauze and allowed to air dry before
putting it inside a paper bag .
4. Small movable objects with dried blood stains
should be separately collected, labeled,
packaged and sealed prior to its submission to
the DNA laboratory.
5. Dried bloodstains on big movable objects like
carpets, upholstery and the like can be collected
by cutting a bloodstained portion with a sharp
instrument.
6. Each cutting should be labeled accordingly and
individually packed and sealed.
7. Collect an unstained portion of the item to
serve as control.
8. Dried blood spatters on immovable surface
can be lifted from its surface using a fingerprint

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tape. Each tape should be packaged and


labeled properly.
9. Dried bloodstains on large immovable objects
should be scrapped off and placed in a clean
paper packet.
10. The packet is then placed in a paper
envelope, which is sealed and properly labeled
prior to the immediate submission to the
laboratory.
11. Dried bloodstains are removed from
painted surfaces of motor vehicles by scraping
them off using a sharp instrument. Collect
control samples.

Semen and Seminal Stains


1. Collect liquid seminal fluid from victims using
cotton swabs and refrigerate
2. Liquid semen sample can be collected using a
clean disposable syringe or pipette and placed
into a sterile test tube. Keep it refrigerated and
submit it at once to the laboratory for analysis.
3. It can likewise be absorbed by a clean cotton
cloth or gauze and then allowed to air dry.
When thoroughly dried, it can already be
packaged, sealed and properly labeled.
4. Under wears and other articles with wet
seminal stains must be allowed to air dry
thoroughly prior to the collection of the item.
5. Dried seminal stains on big movable objects
such as carpets, upholstery, and other can be
collected by cutting a seminal stained portion
with a pair of scissors.

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6. Place each cutting in separate paper packets.


Seal the container and properly label prior to
submission to the DNA laboratory. Collect
control samples.

DONTs
1. DNA test is very sensitive and vulnerable to
contamination by other DNA services.
Avoid contamination with other human DNA.
2. Do not handle with bare hands.
3. Avoid long- term storage of tissues
4. No ice is required and dry ice should never be
use to cool the tube of blood.
5. Do not mouth pipette any body fluid
regardless of the source.
6. Avoid drying of wet stained garments under
direct sunlight or exposing it to an electric fan.
7. Do not collect a wet garment or garment with
a wet blood stains in a sealed air-tight
container.
Do not use plastic bag in the collection of blood
specimen.

INTERVIEW OF WITNESSES

What is interview?
It is the questioning of a person believed to
possess information which are relevant to the
investigation of a crime or on criminal activities.

What is the golden rule in conducting an


interview?

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Never conduct or let anyone conduct an


interview if the interviewer has not gone to the
crime scene.

What are the qualities of a good interviewer?


1. rapport
2. forceful personality
3. knowledge of human behavior
4. conversational tone of voice
5. common interests
6. acting qualities
7. humility

What is cognitive interview?


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

INTERVIEW FORMAT (IRONIC)


1. IDENTITY - The investigator should identify
himself to the witness by name, rank and
agency. He should try to size up the interviewee
and reach a tentative conclusion about this type
then use the best interview approach.
2. RAPPORT = the investigator must establish
good inter-personal relationship with the
witness.
3. OPENING STATEMENT = the investigator must
explain why the witness is being contacted.

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4. NARRATION = Allowing the witness to present


in a narrative form without injecting questions.
This will allow the continuity and clearness;
range of interview is broadened; and it helps
the interviewee recall and relate event in their
proper order.
a. The interviewer should keep to the point at
issue and should not wander too far from it.
b. The interviewer should be alert from
hearsay information so he can question the
interviewee on the matter later.
c. Do not interrupt a trend of ideas by abruptly
asking a question. However, you may guide
the interviewee with innocuous questions
such as, “and then what did you do?
5. INQUIRY = after the witness has told the story,
the investigator can make clarifying inquiries.
a. Dominate the interview. Be careful not to
allow the interviewee to be the one asking the
question.
b. Do not ramble. Have a reason for every
question asked.
c. Follow the order of time and bring out the
facts in that order. This technique is called
“chronological questioning” and is considered
the easiest as people tend to think in terms of
what happened first, second, then so on. The
interviewer should go step by step in learning
all the details concerning the planning and
commission of the crime and what happened
after it was committed.
d. Exhaust each topic before moving on to the
next.

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e. Determine the basis for each material


statement. It might be hearsay.
f. Keep your questions simple and
understandable.
g. The dangers of leading and misleading
questions should be borne in mind. A question
which suggests to the witness the answer
which the interviewer desires is a LEADING
QUESTION. Questions which assume material
facts that have not been proven are
MISLEADING QUESTIONS.
h. Wait for the answer to one question before
asking a second question.
i. Ask important questions in the same tone of
voice as unimportant ones.
j. As a rule, avoid tricking or bluffing questions.
k. Where it is necessary to inquire into the past
history of the interviewee involving something
unpleasant, it is wise to use introductory
remarks deploring the need for the question
and saying that it is one of the unpleasant but
necessary duties of the officer.
6. CONCLUSION = the interview should be
concluded when the witness has nothing
pertinent to offer.
a. Before closing the interview, the law enforcer
should make a mental check of the purpose of
the interview and should analyze what he has
learned, then decide whether he has attained
his objectives. He should be guided in this
respect by the 5 W’s and 1 H.
b. The interviewee should always leave the door
open for re-interview.

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What are the reasons why witnesses refuse to


talk and testify?
1. Fear of reprisal
2. Great inconvenience
3. Hatred against the police
4. Bias of the witness
5. Avoidance of publicity
6. Family restriction
7. Bigotry
8. Cultish indoctrination

What are the rules of thumb in questioning?


1. One question at a time
2. Avoid implied answers
3. Simplicity of questions
4. Saving faces
5. Do not ask questions with yes and no
answers
6. Positive attitude

What are the types of witnesses according to


their attitudes?
1. know-nothing
2. disinterested
3. drunken
4. suspicious
5. talkative
6. honest
7. deceitful
8. timid
9. boasting, egoistic, or egocentric
10. refuses to talk

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What are the motives of informants in giving


information?
1. Vanity – The self-aggrandizing person who
delights giving information to gain favorable
attention from the police authorities.
2. Civic mindedness – The public-spirited
person of good standing in the community who
is interested in seeing that justice is done.
3. Fear – It is engendered illusion of
oppression from enemies or from impending
dangers.
4. Repentance – Those lesser criminals such as
accomplices or accessories who will have a
change of heart that is prying on his conscience.
5. Remuneration – The person who informs
solely for the money. Or other material gains he
is to receive.

How should sworn statement/s of witnesses be


taken?
Sworn Statement or Affidavit of complainant/s
and witness/es must be taken immediately by the
investigator-on-case. Affidavit of Arrest of
arresting officers must be taken immediately not
later than 24 hours. In Inquest cases, the
investigator-on-case and the arresting officer/s
shall observe Art. 125 of the RPC.

What are the factors affecting positive


identification of witnesses?
1. Level of alertness, intelligence, vision, age
and health of witness

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2. Prevailing conditions of visibility and


observation at the crime scene
3. Lapse of time between the witnessing of
the crime and the identification process
4. Opportunity of the criminal to vary his
personal appearance

7 factors responsible for the inaccuracy of


recollecting what has been observed
 Addition of details which were not in the
original picture.
 Some items may be dropped from one
observation and other items from a different
observation may be integrated by means of
substitution.
 Recollection is subject to transposition in time,
sequence and arrangement of details.
 Focused attention. Some persons, by training
will note only certain details and overlook
others. They see only one thing and are
oblivious to the rest.
 Transmission of information leads to inaccuracy.
Words are used to convey description. We all
have difficulty in translating observation into
such language as will actually convey our
picture. Mistakes due to communication are laid
on the speaker and the listener.
 Too much self confidence in their recall. An
investigator may rely too much on his memory
of what has been observed and described
through memory, but the recollection may not
be vivid and actual.

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What are the methods of identification by


witnesses?
1. Verbal description – this is the physical
description of the unknown fugitive by
witnesses based on the extent and range of
their perceptions.
2. Rogue’s gallery – police files of photograph
of known criminals.
3. General photographs – variety of
photographs which does not represent the
criminal in order for the witnesses to
approximate the nearest description of the
unknown perpetrator.
4. Cartographic sketch – it is the composite
representation reduced to a drawing of the
suspect’s face, made by an artist and based
on the descriptions furnished by the
witnesses.

The value of identification by eyewitness


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

What are the two kinds of criminals for


purposes of identification by witnesses?
1. Known Fugitives – The Criminals are known by
names and other personal circumstances by the
witnesses even before the commission of the
crime.

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2. Unknown Fugitives – These kinds of criminals


are unknown to the witnesses by names and
other personal circumstances before the
commission of the crime.

What is a police line-up?


It is the process of identification by witnesses
wherein unknown fugitive who is mixed with
innocent persons lined before the witness. A
suspect from a group of innocent persons usually
composed of seven to ten persons. The purpose
of line-up is to eliminate the power of suggestion.

What is a physical show-up?


Unlike a line-up, only one person is shown to
the witness usually at the scene of the crime and
made immediately after the arrest of the suspect.

SURVEILLANCE AND UNDERCOVER OPERATIONS

What is 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 person who conducts the


surveillance or performs the observation.
Subject – the person, place or vehicle being
observed by the Surveillant.

What are the objectives of surveillance?

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1. To detect criminal activities.


2.To discover the identity of persons who
frequent the establishment and determine their
relationship.
3. To discern the habits of a person who lives in
or frequents the place.
4. To obtain evidence of a crime or to prevent the
commission of a crime.
5. To arrest the criminal in flagrante delicto

What are the kinds of surveillance?


A. Surveillance of places
B. Tailing or shadowing
C. Undercover investigation or “roping”

Types of Surveillance
Covert Surveillance – When the subject is not
aware that he is being observed.
Overt Surveillance – When the subject is aware
that he is being observed.

Other types of Surveillance


A. Fixed Surveillance – watching a house or
building
B. Moving Surveillance – on foot or by motor
vehicle

What is shadowing or tailing?


It is the act of following a person.
Its objectives are:
1. To detect evidence of criminal activities.
2. To establish the association of a suspect.
3. To find a wanted person.

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4. To protect a witness.

What are the types of shadowing employed


depending upon the objective of the
surveillance?
1. LOOSE TAIL is employed when a general
impression of the subject’s habits and associates
is required.
2. ROUGH SHADOWING without special
precautions may be used when the criminal must
be shadowed and he is aware of this fact, or
where the subject is a material witness and must
be protected from harm or other undesirable
influences.
3. CLOSE TAIL surveillance is one in which
extreme precautions are taken against losing the
subject.

What are the different methods of shadowing?


1. One-Man –extremely difficult and should
be avoided, if unavoidable keep subject in view
at all times.
2. Two-Man –two agents are employed to
follow the subject.
3. Three-Man Surveillance or ABC Method-
The use of three officers reduces still further the
risk of losing the subject and affords greater
security against detection or risk.
4. Leapfrog or Progressive Method- This is
used in attempting to locate the hideout of a
subject from a vantage-point without moving
after the subject. The following day the agent

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takes up a watch from the point at which the


subject was last seen.
- Agents are stations at a fixed point assuming
that the subject followed the same general
route each day.
5. Combined Foot-Auto Surveillance-
employment of Surveillant on foot and agents in
an automobile.
6. Open Shadow- usually two men are used as
shadower and their goal is to tail the subject in
an obvious manner of all time for the purpose
of annoying and worrying the subject.

What are the things should be avoided during


shadowing?
a. Don’t meet the eye of the subject
b. Don’t adopt a slinking, sleuthing, creeping
manner
c. Don’t wear story book disguises
d.Don’t carry noticeable items
e.Don’t greet fellow agents
f.Don’t make notations ostensively

How to detect foot surveillance?


A subject who is suspicious of being under
surveillance may resort to trickery in order to
verify his suspicion. When a subject resort to
such trickery, it is good policy to change agents,
for the suspect may have ‘spotted’ one or more
of his surveillants.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps

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d. boarding bus and alighting just before


they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving
immediately via another exit
h. stopping abruptly after turning a corner
i.using convoys
j.watching reflection in shop windows
k. walking slowly and rapidly at alternate
intervals
l.dropping a piece of papers to see if anyone
retrieves it
m. stopping to tie a shoe string, meanwhile
looking around for surveillants
n. arranging with a friend in a shop, stores
or other places to watch for surveillants.

How to elude foot surveillance?


Common method to elude foot surveillance and
which surveillants must be prepared and guard
against are the following
a. jumping off a bus, trains just as the doors
are about to close
b. leaving a building through the rear or
side exits
c. losing one self in crowds
d. entering theaters and leaving
immediately through an exit
e. pointing out one surveillant to a police to
a generally require the agent to explain his
action
f. using decoys

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g. taking the last taxi at a stand


h. changing clothing

How to conduct surveillance of place?


A careful survey of the surrounding area
should be made. The character of the
neighborhood, residents and transient should be
noted. The observation point should be selected
properly. When observation is conducted from a
‘plant’, surveillance agents must be extremely
careful not to reveal their true activity.
Observation maybe made through a window or
other aperture so as to be unnoticed from the
outside. Venetian blinds afford the best
coverage, but may appear to be out of place of
some buildings. An alternative is to lower the
roller of draw shades another inch from the
window. Binoculars are generally essentially
equipment of the plants, as they facilitate
positive identification of person entering or
leaving the place under and observation. A still
or video camera with telephoto lens can also be
used effectively. Agents should take careful
notes of what they observe and should record
detailed descriptions of all individuals entering
the target. A chronological log is usually the best
of recording pertinent occurrences.

Automobile surveillance
The methods of auto surveillance to be used
depends upon the numbers and type of
surveillance vehicles available, the volume of
vehicular traffic in the area, the importance of

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concealing the surveillance from the subject, and


the subject’s estimated ability to detect and
elude surveillance. At all times each vehicle
should be occupied by at least two agents; one to
concentrate on driving, and the other to observe,
take notes, operate radio equipment, or to
dismount and continue the surveillance on foot.

Techniques in automobile surveillance


1. At least two or more cars should be used.
At least two persons should be assigned in one
car. The second car should follow the first car at
a distance effective for tailing. The second and
successive cars should follow each other in the
same distance of the first car to the subject.
2. If only one car is used, it should follow the
subject automobile at a distance which is
affective to the purpose.
3. The manner of driving should be changed as
often as needed by alternating between the
right and left lanes.

How to detect automobile surveillance


As in the case of foot surveillance, a subject who
believes he is being followed may resort to
trickery in order to verify his suspicions. Some of
the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way
streets, and running through red lights

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e. Stopping suddenly around curves or


corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly
down

How to elude automobile surveillance


a. Committing traffic violations
b. Using double entrances to driveways; in
one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or
corners, but permitting the drivers to drive on
as a decoy.

What is an undercover operation?


It is a police operation wherein the
investigator assumes a fictitious identity in order
to infiltrate the ranks of the criminals for the
purpose of obtaining information. This is called
“roping”
Undercover is a form of investigation in which
the investigator assumes a different and
unofficial identity in order to obtain information.
Consider using an undercover operation only
when conventional investigative techniques have
not been effective or are not practical. Use of
police personnel, as undercover agent is an
ethical approach to the problem of securing
information about criminal operations from the
inside. It is surveillance from a position of
advantage. It is dangerous work, but often

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preferable to using an underworld informant-


probably the only other source of such
information. Undercover agents make excellent
witnesses, unlike the underworld informants
whose credibility can be attacked because of
crime histories, the police agent is a person of
good reputation and character.

Natural cover - using the individual’s true


identity, occupation or profession.
Artificial cover - the manufacture of documents,
false documents, passports, or forged
documents.

What are the specific types of undercover


assignment?
A. Work Assignment – If an agent is to be
employed as janitor, he must know his work and
as such he should appear as such, focusing his
mentality and habit to work assignment.
B. Social Assignment–These are places of
amusements, such as bars, nightclubs and other
places of entertainment where his subject works
or hang outs.
C. Subversive Organizations–He must know the
ideologies of the organizations in order that he
could suit his philosophies and actions while
inside the said organization.
D. Residential Assignment – This concerns the
neighborhood of the suspect where he will fit
himself as a new resident without generating
suspicion.

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Penetration:
a. undercover operation techniques are
applied continuously and not merely over a
limited period of time.
b. Initial penetration is concealed
c. Access is created such that the agent is
accepted into the target group or organization
d. Effort is continued by the agent until he
acquires the desires placement or position, thus
gaining complete access to the objective of the
investigative effort
e. Penetration is exceedingly difficult, time
consuming and most delicate form of
investigative activity, but often the most
rewarding.

Special Qualification of Undercover Agent:


a. Thorough knowledge of the area, the
people and customs were agent will operate
b. Preferably single and unmarried
c. Thorough knowledge of the language or
dialect spoken in the area of operation.

Operational Security Guidelines on Undercover


Assignments.
a.The agent’s appearance must be inconspicuous
b.The SUBJECT should cultivate the AGENT,
rather than the reverse
c. Analyze SUBJECT and appeal to his ego, vanity
and interest
d.Obtain SUBJECT’S confidence (Rapport)
e.Play along with the SUBJECT’S plan
f. Don’t be impatient, over-anxious or too eager

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g. Don’t displayed more interest in statements or


actions of the SUBJECT and of the SUBJECT’S
associates than is compatible with the cover
story.
h.Don’t betray knowledge of the SUBJECT’S
background which was gained from the
preliminary investigation. Or files
i.Don’t get involved with SUBJECT’S girlfriend.
j.Don’t let any relations with SUBJECT incur
enmity, envy or jealousy of the SUBJECT’S
associates.
k.Don’t become unnecessarily friendly with
women
l.Don’t overact the cover story. Don’t reveal
more cover story details than necessary.
m. Don’t carry weapons unless told to do so
n.Don’t make unexplainable trips or phone calls
o.Don’t maintain contact with personal friends or
relatives
p.Don’t display money more than the amount
provided for by the cover story
q.Don’t reveal the true identity unless is a part of
preconceived plan
r. Don’t drink intoxicating beverages if it can be
avoided.
s. Don’t assumes the “big shot” attitude. An
outstanding characteristics will bring the AGENT
under scrutiny.
t. Beware of entrapment

REMEMBER: THE COMPROMISE OF YOUR TRUE


IDENTITY COULD ENDANGER YOUR LIFE OR
COMPROMISE THE MISSION.

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INFORMANTS and INFORMERS

Who is an informant?
An informant is any person who furnishes the
police information relevant to a criminal case
about the activities of criminals or syndicates.

What are the types of informants?


1. Anonymous informant – He maybe an
anonymous phone caller, letter writer or a text
sender. Never tell the informant that the
investigator already knows the information. The
duty is to receive the information, not to reveal
any other information to the caller about facts
already known.
2. Rival Elimination Informant – This kind
mostly maintains being anonymous. His
purpose is to eliminate the rival person or gang
due to competition.
3. False Informant – Usually reveals
information of no consequence, value or stuff
concocted of thin air.
4. Frightened Informant – Maybe prodded by
fear or self-interest. He maybe one of the “little
men” who runs to the police when he sees that
his confederates are about to be involved in a
dangerous situation.
5. Self-aggrandizing Informant – This kind of
informant moves around the centers of
criminals, group or syndicate and delights in
surprising the police about bits of information.

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His information may be of value by way of


authentication in intelligence operation.
6. Mercenary Informant – The informant has
information for sale. He may have been
victimized in a double-cross or little share in the
loot or given a dirty deal and seeks revenge as
well as profit in his disclosure.
7. Double- crosser Informant – He uses his
seeming desire to divulge information as an
excuse to talk to the police in order to get more
information from them more than he gives.
8. Woman Informant –Maybe the female
associate of any criminal. She may be able to
give valuable information, but the investigator
must beware because. “The female specie is
more deadly than the female.”
9. Legitimate Informant – Will include
operators of licensed premises who do not want
their place of business to become hangouts of
dangerous criminals.

Who is an informer?
He is the person who provides information to
the police on a regular basis. They are either paid
regularly or in a case-to-case basis, or none at all.

Who are most effective as an informer?


Women informers because they could easily
penetrate the ranks of criminal with less
suspicion.

SEARCH AND SEIZURE

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What are the requisites for a valid warrant?


1. It must be issued upon probable cause.
2. The existence of probable cause is
determined personally by the judge.
3. The judge must examine under oath the
complainant and the witnesses he may produce.
4. The warrant must particularly describe the
place to be searched and person or things to be
seized.

What is a JOHN DOE WARRANT?


A “John Doe” warrant can satisfy the
requirement of particularity of description if it
contains a descriptio personae such as will enable
the officer to identify the accused.

What is a GENERAL WARRANT?


A general warrant is one that does not allege
any specific acts or omissions constituting the
offense charged in the application for the
issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the
things to be seized be particularly described.

What are the different valid warrantless


searches?
1. Search made as an incident to lawful arrest
A. An officer making an arrest may take
from the person arrested:
i.Any money or property found upon his
person which was used in the commission of
the offense or

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ii. Was the fruit thereof or


iii. Which might furnish the prisoner
with the means of committing violence or
escaping or
iv. Which may be used in evidence in
the trial of the case
B. The search must be made simultaneously
with the arrest and it may only be made in the
area within the reach of the person arrested

2. Search of moving vehicles


A. This exception is based on exigency.
Thus, if there is time to obtain a warrant in
order to search the vehicle, a warrant must
first be obtained.
B. The search of a moving vehicle must be
based on probable cause.

3. Seizure of goods concealed to avoid customs


duties/authorized under the Tariffs and
Customs Code
A. The Tariffs and Customs Code authorizes
persons having police authority under the
Code to effect search and seizures without a
search warrant to enforce customs laws.
B. Exception: A search warrant is required
for the search of a dwelling house.
C. Searches under this exception include
searches at borders and ports of entry.
Searches in these areas do not require the
existence of probable cause

4. Seizure of evidence in plain view

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A. To be a valid warrantless search, the


articles must be open to the eye and hand.
B. The peace officer comes upon them
inadvertently.

5. Consented warrantless search


A. Requisites of a valid waiver:
i.The right exists.
ii. The person had actual or constructive
knowledge of the existence of such right.
iii. There is an actual intention to
relinquish such right.
B. The right against unreasonable searches
and seizures is a personal right. Thus, only the
person being searched can waive the same.
C. Waiver requires a positive act from the
person. Mere absence of opposition is not a
waiver.
D. The search made pursuant to the waiver
must be made within the scope of the waiver.
Note:
1. Checkpoints: as long as the vehicle is
neither searched nor its occupants subjected
to a body search and the inspection of the
vehicle is limited to a visual search = valid
search (Valmonte v. De Villa)
2. Carroll rule: warrantless search of a vehicle
that can be quickly moved out of the locality
or jurisdiction
3. The 1987 Constitution has returned to the
1935 rule that warrants may be issued only by
judges, but the Commissioner of Immigration

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may order the arrest of an alien in order to


carry out a FINAL deportation order.

6. Stop and frisks


7. Exigent and emergency circumstances

EVIDENCE

What is evidence?
Evidence is the means sanctioned by the Rules
of Court in ascertaining in a judicial proceeding
the truth respecting a matter of fact.

What are the different kinds of evidence?


1. Object (real) evidence – that which is
directly addressed to the senses of the
court and consists of tangible things.
2. Documentary evidence – evidence supplied
by written instruments or derived from
conventional symbols such as letters, by
which ideas are represented on material
substances.
3. Testimonial evidence – testimony or
deposition of a witness.

What are the other classifications of evidence?


1. Relevant evidence – having any value in
reason as tending to prove any matter
provable in an action
2. Material evidence – directed to prove a fact
in issue as determined by the rules of
substantive law and pleadings.

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3. Competent evidence – one that is not


excluded y the Rules, a statute or the
Constitution.
4. Direct evidence – proves the fact in dispute
without the aid of any inference or
presumption.
5. Circumstantial evidence – the proof of a
fact or facts from which, taken either singly
or collectively, the existence of the
particular fact in dispute may be inferred as
a necessary or probable consequence.
6. Cumulative evidence – evidence of the
same kind and to the same state of facts.
7. Corroborative evidence – additional
evidence of a different character to the
same point.
8. Prima facie evidence – which, standing
alone, unexplained or uncontradicted, is
sufficient to maintain the proposition
affirmed.
9. Conclusive evidence – that class of
evidence which the law does not allow to
be contradicted.
10. Primary (best) evidence – that which
the law regards as affording the greatest
certainty of the fact in question.
11. Secondary (substitutionary) evidence
– that which is inferior to the primary
evidence and is permitted by law only when
the best evidence is not available.
12. Positive evidence – when the witness
affirms the fact in question.

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13. Negative evidence – when the witness


states he did not see or know the
occurrence of a fact.

What are the different kinds of physical


evidence?
1. Corpus delicti – these constitute the
essential parts or elements of the commission
of the crime. Also known as “body of the
crime”.
2. Associative evidence – pieces of evidence
which will link the suspect to the crime scene.
3. Trace evidence – article which assist the
investigator in locating the criminal.

When is evidence admissible?


Evidence is admissible when it is relevant to the
issue and is not excluded by the law or the Rules
of Court.

ARREST

What is 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.

How is arrest made?


In general, an arrest is made by an actual
restraint of the person to be arrested, or by his
submission to the custody of the person making
the arrest.

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No violence or unnecessary force shall be used


in making an arrest, and the person arrested shall
not be subjected to any greater restraint than is
necessary for his detention.

What are the different valid warrantless arrests?


1. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense.
2. When an offense has just been committed and
he has probable cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed
it;
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment
or place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from
one confinement to another.
4. If a person lawfully arrested escapes or is
rescued, any person may immediately pursue
or retake him without a warrant at any time
and in any place within the Philippines.
5. Arrest of accused out on bail

What should the police officer always remember


in making arrest in specific situations?

1. Making the Arrest.


a. Use good judgment in connection with the
arrest.

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b. Assume that the subject is armed and will


take your life if given an opportunity.

2. Arrest on the Street.


a. This should be made from the side or rear
of the person to be arrested when possible.
b. Subject should be forced toward a building.
c. Avoid congested areas when possible.

3. Arrest at Home, Office or Business


Establishment.
a. Restrict the subject’s movement. Do not
grant request for personal privileges before
being searched.
b. Clothing and other things requested should
be examined for weapons or items of evidence
before turning them over to the subject.

Figure 1.10 ARREST OF METH USER

Can an arresting officer summon assistance from


other persons in making arrest?
Any officer making a lawful arrest may verbally
summon as many as he deems necessary to aid
him in making the arrest. Every person so
summoned shall aid him in the making of such
arrest when he can render such aid without
detriment to himself.

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What are the procedures when arrest is already


made?
1. Secure the person arrested (handcuff at the
back)
a. Conduct thorough search for weapons and
other illegal materials;
b. Inform the arrested person of his rights as
provided for in the Constitution;
2. Use reasonable force in making arrest.
a. Confiscated evidence shall be properly
documented;
b. Bring the arrested person to the
Government Accredited Hospital for Medical
Examination.
c. Bring the arrested person to the Police
Station for Documentation

What are the procedures when the suspect is


arrested?
1. Secure the person arrested (handcuff at the
back);
2. Inform the arrested person on the cause of
his arrest and his rights as provided for in
the Constitution;
3. Conduct thorough search for weapons and
other illegal materials against the suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly
documented and marked;
6. Bring the arrested person to the Police
Station for investigation.

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What are the booking procedures of the


arrested person/suspect?
1. The arrested suspect shall be subjected to
booking procedure. He shall likewise be
fingerprinted, photograph and tested for
possible use of prohibited drugs.
NOTE: A person under arrest who refuses to be
fingerprinted may be prosecuted for
disobedience to an agent of person in authority,
as defined and penalized by Article 151 of the
RPC.
2. Inform the arrested person of his rights as
provided for in the Constitution.
3. Prepare spot report, sworn statement/s of
arresting officers and witnesses, other
supporting documents, and processing of
evidences.

What should a police officer do if the arrested


person is determined as a minor?
If it has been determined that the child taken
into custody is fifteen (15) years old or below, the
authority which will have an initial contact with
the child has the duty to immediately release the
child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s
nearest relative. Said authority shall give notice
to the local social welfare and development
officer.
If the parents, guardians or nearest relatives
cannot be located, or if they refused to take
custody, the child may be released to any of the
following:

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1. Duly registered non-governmental or


religious organization;
2. A barangay official or a member of the
Barangay council for the Protection of
Children (BCPC);
3. A local social welfare and development
officer;
4. DSWD

How should a child in conflict with the law be


searched?
A child in conflict with the law shall only be
searched by a law enforcement officer of the
same gender and shall not be locked up in a
detention cell. However, if detention is
necessary, the arresting officer shall ensure that
the child shall be secured in quarters separate
from that of the opposite sex and adult
offenders.

When can handcuffs and other instruments of


restraint be used against a minor?
Unless absolutely necessary and only after all
other methods of control have been exhausted
and have failed shall handcuffs or other
instruments of restrain be used.

What should the apprehending officers avoid to


display when dealing with a minor?
Apprehending officers shall avoid displaying or
using any firearm, weapon, handcuffs or other
instrument.

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How should the taking of statement be


conducted?
The taking of statement of the child shall be
conducted in the presence of the following:
1. child’s counsel of choice or in the absence
thereof, a lawyer from the Public Attorney’s
Office;
2. the child’s parents, guardian, or nearest
relative, as the case maybe be; and
3. the local social welfare and development
officer

What are the duties of the arresting officer?


1. It shall be the duty of the officer executing
the warrant to arrest the accused and
deliver him without delay to the nearest
police station or jail for the recording of the
fact of the arrest of the accused.
2. At the time of the arrest, with or without
warrant, it shall be the duty of the arresting
officer to inform the person to be arrested
of the cause of the arrest and the fact that a
warrant has been issued for his arrest and
in case of arrest without a warrant, it shall
be the duty of the arresting officer to
inform the person to be arrested of his
authority and the cause of the arrest, in the
dialect or language known to him, except
when he flees or forcibly resists before the
officer has the opportunity to so inform him
or when the giving of such information will
imperil the arrest. The officer need not have
the warrant in his possession at the time of

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the arrest but after the arrest, if the person


arrested so requires, the warrant shall be
shown to him as soon as practicable.
a. The person arrested, with or without
warrant, shall be informed of his constitutional
right to remain silent and that any statement he
might make could be used against him. He shall
have the right to communicate with his lawyer
or his immediate family. It shall be the
responsibility of the arresting officer to see to it
that this is accomplished.
b. A person arrested without a warrant shall
be immediately brought to the proper police
station for investigation without unnecessary
delay, and within the time prescribed in Article
125 of the Revised Penal Code, as amended
(i.e., 12, 18, or 36 hours, as the case may be),
shall be subjected to inquest proceedings under
Section 7, Rule 112 of the 2000 Rules of
Criminal Procedure.
c. No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against an arrested
person. The bringing of arrested persons to
secret detention places, solitary confinement
(incommunicado) or other forms of detention is
prohibited.
d. If the person arrested without a warrant
waives his right under the provisions of Art 125
of the Revised Penal Code the arresting officer
shall ensure he shall sign a waiver of detention
in the presence of his counsel of choice.

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e. If the person arrested waives his right


against self-incrimination and opts to give his
statement, the arresting officer shall ensure
that the waiver shall be made in writing and
signed by the person arrested in the presence of
counsel of his own choice or a competent and
independent counsel provided by the
government.
f. When transporting the suspect/s to the
police station, be sure that no weapon/s are
retained in their persons that could be used
against the arresting officer, regardless if the
person arrested is a noted criminal or not. It is
also a must that the arrested person/s be
handcuffed to prevent violence.

When should a medical examination of arrested


person / suspect be made?
Immediately after the arrest of a person
ordered arrested by the court, or of a suspect
under investigation, he should be subjected to a
medical examination. Prior to his release or any
change of custody, the suspect should also be
medically examined by a medico-legal officer or,
in the absence of such medico-legal officer, by
any government physician in the area.

When should mugshots and fingerprints be


taken?
Arresting units shall at all times take the
mugshots and fingerprints of all arrested persons.
Copies thereof shall be submitted to the PNP
Crime Laboratory Service to serve as master file.

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To whom should reports on arrested persons be


made?
All arrests made shall be immediately reported
to the C, PNP; ATTN: DO, DIDM or
PACER/AIDSOTF (in case of kidnapping /drugs).

What is a raid?
A raid is a surprise invasion of a building or area.

Figure 1.11 RAID CONDUCTED AT THE


PARAJINOG’S DWELLING PLACE

When should a raid be conducted?


Raids are usually made after careful
investigation and when other methods of
accomplishing the mission are not suitable.

When can a raid be considered legal?


A raid must be legal, having its basis in lawful
process and conducted in a legal manner. This
will be in the form of a search warrant or warrant
of arrest. The raid may be in pursuit of a person
reasonably believed to be guilty of felony and
when it is known that the felony has just been
committed.

What are the objectives of a raid?


The purpose of a raid is usually to:

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1. Effect an apprehension;
2. Obtain evidence of illegal activity by
surprising the offenders in flagrante delicto; or
3. Recover stolen property.

What must the team leader do before the


service of a search warrant?
It is imperative that immediately before the
service of a search warrant, the team leader
should see to it that proper coordination is made
with the commander of local police station
having jurisdiction over the target premises. The
coordinating party will inform the local station
that their team is conducting an operation in
their area. This gesture of coordination is not
only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake
encounter.

What are the basic requirements in conducting a


raid?
Generally, all police operations (arrest, raid,
search and seizure, checkpoint, etc) shall be
conducted:
1. With a marked police vehicle;
2. Preferably led by a Commissioned Officer;
3. With personnel in proper police uniform
NOTE: Exception to this rule is when using a
marked police vehicle will jeopardize the safety
of the raiding team and will greatly affect the
success of the operation.

How should force be used in a raid?

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The use of force shall be avoided. However,


when during the conduct of the raid an armed
confrontation took place due to unavoidable
circumstances, the police may use reasonable
force to overcome the threat posed by the
suspect. The use of firearm is justifiable only by
virtue of the Doctrines of Self-defense, Defense
of Relative, and Defense of Stranger, and if the
police has probable cause to believe (based on
facts) that the suspect poses an imminent danger
of death or serious physical injury to the police or
other persons.
NOTE: The officer-in-charge must ensure that no
innocent civilian is caught in the crossfire.

What should the officer-in-charge do when an


armed confrontation ensued during a raid?
1. Secure the sight of the confrontation;
2. Check whether the situation still poses
imminent danger;
3. Evacuate the wounded to the nearest
hospital;
4. Account for the killed, wounded and
arrested persons for proper disposition (Rule 9,
ibid)

Who shall conduct investigation in the area of


armed confrontation?
The police unit which has jurisdiction over the
area of the armed confrontation, together with
the SOCO team, if any, shall immediately
undertake the necessary investigation and

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processing of the scene of the encounter (Rule


10, PNP Operational Procedures).

What are the “dont’s” in conducting a raid?


1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage
of the subject(s).
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use police personnel who are not
well-acquainted with each other.
6. Don’t forget gas masks when employing
teargas.
7. Don’t be unnecessarily violent on the
subject(s).
8. Don’t shoot unless very imperative.
9. Don’t touch the evidence unless seen by
witnesses, or by the owner or occupant of
the place.

What is a search?
A search is an examination of an individual’s
person, house papers or effects, or other
buildings and premises to discover contraband or
some evidence of guilt to be used in the
prosecution of a criminal action.

What is a search warrant?


A search warrant is an order in writing issued in
the name of the People of the Philippines, signed
by a judge and directed to a peace officer,
commanding him to search for personal property

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described therein and to bring it before the


court. (Sec 1, Rule 126)

What are the requisites for filing an application


for search warrant?
All applications for Search Warrant shall be
personally endorsed by the Heads of the Agency
for the search of places and the things to be
seized to be particularly described therein. The
application shall be recorded in a log book. The
application shall likewise indicate the following
data:
1. Office applying for the Search Warrant;
2. Name of officer-applicant;
3. Name of the Subject, if known;
4. Address/place(s) to be searched;
5. Specific statement of things/articles to be
seized;
6. Sketch of the place to be searched.

A search warrant shall be issued only upon


probable cause (personal knowledge of facts and
not mere hearsay) in connection with one
specific offense to be determined personally by
the judge. The facts must be sufficient to
establish the need for the issuance of the
warrant.

Where should an application for a search


warrant be filed?
An application for search warrant shall be filed
with any court within whose territorial
jurisdiction a crime was committed; or for

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compelling reason stated in the application, with


any court within the judicial region where the
crime was committed if the place of the
commission of the crime is known, or any court
within the judicial region where the warrant shall
be enforced. If the criminal action has been filed,
the application shall only be made in the court
where the criminal action is pending (Sec. 2, Rule
126 Rules of Court).

May things illegally seized be admitted as


evidence?
The fruits of an illegal search are inadmissible as
evidence. Any evidence obtained in violation of
the right of the people against unlawful searches
and seizure shall be inadmissible for any purpose
in any proceeding. [Sec 3(2), Art. III, 1987
Constitution.]

May articles not mentioned in the search


warrant be seized?
Generally, articles not included in the search
warrant may not be seized. However, articles
prohibited by a statute, although not included in
the search warrant, may be seized. Thus, if during
the progress of a bona fide search for other
commodities illegally possessed, whether with
search warrant or not, contraband or items
declared as illegal per se are discovered, the
contraband can be seized. The seizure of goods,
the possession of which is forbidden by statute,
violates no constitutional right of the accused.

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When should a search warrant be served?


A search warrant must be served within ten (10)
days from its date (thereafter, it shall be void) Sec
9, Rule 126).

What are the procedures in the implementation


of a search warrant?
1. The police officer concerned must go to the
place indicated in the search warrant and
take the things described therein, in the
presence of at least one competent witness
who is a resident of the neighborhood. If he
is refused admittance to the place of search
after giving notice of his purpose and
authority, he may force himself in to
execute the warrant; and if he is detained
therein, he may force himself out to
liberate himself.
2. The search must be made at daytime,
unless otherwise stated.
3. No search of a house, room, or any other
premises shall be made except in the
presence of the lawful occupant thereof or
any member of his family or in the absence
of the latter, two (2) witnesses of sufficient
age and discretion residing in the same
locality. (Sec. 8, Rule 126)
4. The officer seizing the property must issue a
detailed receipt for the same to the lawful
occupant of the premises in whose
presence the search and seizure were
made, or in the absence of such occupant,
must in the presence of at least two (2)

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witnesses of sufficient age and discretion


residing in the same place, leave a receipt in
the place in which he found the seized
property. (Sec.11, Rule 126)

a. In compliance with this procedure, it has been


standard practice to issue a RECEIPT FOR
PROPERTY SEIZED after a seizure. The receipt is
signed by the seizing officer only and two
witnesses. A Recent Supreme Court decision,
however, declared that such receipt when
signed by the accused is in effect an
extrajudicial confession of the commission of
the offense charge. Consequently, if the
accused does not sign such receipt, it may still
be used in evidence. Moreover, if the accused
DID in fact sign the receipt, but he signed it with
the assistance of a lawyer of his choice, that act
would constitute a valid waiver of his right
against self-incrimination
b. It must be noted that in the cases cited above,
the crime charged is possession of prohibited
drugs. Thus, the signature of an accused on the
receipt is a declaration against interest and a
tacit admission of the crime charged, as mere
unexplained possession of prohibited drugs is
punishable. The doctrine is therefore not a hard
and fast rule as far as the “Receipt for Property
Seized” is concerned. If the crime charged is
possession of unlicensed firearms, for example,
the doctrine would apply. In other cases, it does
not apply.

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c. Another document which is made after a search


is a CERTIFICATION OF PROPERTY SEIZED. This is
signed by the owner of the seized property, and
would seem to fall more under the court
pronouncement above than the “Receipt for
Property Seized” does.
5. As much as possible, during the opening of
safes, drawers, cabinets, tables, etc., the
lifting of the articles should be done by the
owner of the house or his authorized
representative, or by immediate members
of his family, to preclude any suspicion of
theft or planting of evidence.
6. Thereafter, the officer must immediately
deliver the things or property seized to the
judge who issued the warrant, together
with an inventory duly verified under oath.
(Sec 11, ibid.)
7. Things or personal properties not
specifically indicated or particularly
described in the search warrant shall not be
taken;
8. Court approval necessary to Retain Seized
Property. Approval by the court which
issued the search warrant is necessary for
the retention of the property seized by the
police officers; and only then will their
custody of the court to be allowed. Absent
such approval, the police officers have no
authority to retain possession…and more
so, to deliver the property to another
agency…

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What are the different lawful warrantless


searches and seizures?
1. When there is consent or waiver. To be
valid waiver, the right must exist, the owner
must be aware of such right, and he must
have an intention to relinquish it.
2. When evidence to be seized is in “plain
view.” The discovery of the evidence must
be inadvertent or unintentional.
3. Customs search or searches made at
airports/seaports in order to collect duties.
This warrantless search is allowed due to
urgency.
4. Search of moving vehicles may be made
without a warrant because it would be
impracticable to secure a warrant before
engaging in “hot pursuit.”
5. Routine searches made at or in the interest
of national security, such as border checks
or checkpoints.
6. Stop-and-search or stop-and-frisk, where
the search precedes the arrest, and is
allowed on grounds of reasonable
suspicion.
7. Search incidental to a lawful arrest. A
person lawfully arrested may be searched
for dangerous weapons or anything which
may be used as proof of the commission of
an offense, without a search warrant. (Sec
12, Rule 126)
It should be noted that the arrest must precede
the search. The search is limited to body search
and to that point within reach or control of the

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person arrested, or that which may furnish him


with the means of committing violence or of
escaping or reach for evidence to destroy it.
8. Search of Vessels – Search of vessels and
aircraft because of their mobility and the
relative ease in fleeing the state’s
jurisdiction.
9. Exigent Circumstances – Justice Reynato
Puno proposed this exception as a catch-all
category that would encompass a number
of diverse situations where some kind of
emergency makes obtaining a search
warrant impractical, useless, dangerous or
unnecessary.

Note: Things prohibited by law which were


illegally searched and seized does not call for
their return to the owner.

What is seizure?
Seizure is the confiscation of personal property
by virtue of a search warrant issued for the
purpose.

Figure 1.12 SEARCH

What kind of properties be seized?

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A search warrant may be issued for the search


and seizure of the following personal properties:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or
fruits of the offense; or
3. Used or intended to be used as the means
of committing an offense.

How should be money and other valuable


property?
1. Money should be counted and the serial
numbers of the bills noted;
2. Valuables should be sealed in a property
envelope in the presence of the owner;
3. Property envelope should show a complete
inventory of its contents;
4. The owner should initial the outside of the
envelope showing approval of its contents;
5. Raiding officers should sign their names on
the outer part of the envelope; and
6. A receipt should be given to the suspect.
However, this is qualified by the decision of
the Supreme Court declaring as
inadmissible in evidence the Receipt for
Property Seized, signed by the accused, in
cases where mere possession of the items
seized is punishable.

What is inquest?
Inquest is an informal and summary
investigation conducted by a public prosecutor in
criminal cases involving persons arrested and
detained without the benefit of a warrant of

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arrest issued by the court for the purpose of


determining whether or not said persons should
remain under custody and correspondingly be
charged in court.

What should police officers do in ensuring


efficient inquest proceedings?
PNP units shall coordinate with the City or
Provincial Prosecutors to ensure efficient inquest
proceedings. It shall secure updated list of
Prosecutors who are detailed as duty inquest
with their names and schedule of assignments. If
there is only one Prosecutor in the area, all
inquest cases shall be referred to him for
appropriate action.

When will inquest proceedings commence?


The inquest proceedings shall commence upon
receipt by the Inquest Officer from the law
enforcement authorities of the
complaint/referral documents which should
include:
1. the affidavit of arrest;
2. the investigation report;
3. the statement of the complainant and
witnesses; and
4. other supporting evidence gathered by the
police in the course of the latter’s
investigation of the criminal incident
involving the arrested or detained person
5. the Inquest Officer shall, as far as
practicable, cause the affidavit of arrest and
statement/affidavit of the complainant and

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the witnesses to be subscribed and sworn


to before him by the arresting officer and
the affiants.
6. the inquest proceedings must be
terminated within the period prescribed
under the provisions of Article 125 of the
Revised Penal Code, as amended.

What documents should the investigator-on-


case prepare in specific cases?
The investigator-on-case shall prepare the
following documents for
submission/presentation to the inquest
Prosecutor, to wit:
1. Murder, Homicide and Parricide
a. certified true copy/machine copy of the
certificate of death of the victim; and
b. Necropsy report and the certificated of
post-mortem examination, if readily available.
2. Frustrated or Attempted Homicide, Murder,
Parricide and Physical Injuries
a. medical certificate of the complaining
witness showing the nature or extent of the
injury;
b. certification or statement as to duration of
the treatment or medical attendance; and
c. certificate or statement as to duration of
incapacity for work.
3. Rape, Seduction and Forcible Abduction
with Rape.
a. medico-legal report (living case report), if
the victim submitted herself for medical or
physical examination.

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4. Violation of the Anti-Carnapping Law (R.A.


No. 6539)
a. machine copy of the certificate of motor
vehicle registration;
b. machine copy of the current official receipt
of payment of the registration fees of the
subject motor vehicle; and
c. other evidence of ownership.
5. Violation of the Anti-Cattle Rustling Law (PD
No. 533)
a. machine copy of the cattle certificate for
registration; and
b. photograph of the cattle, if readily
available.
6. Violation of Illegal Gambling Law (PD No.
9287)
a. gambling paraphernalia; and
b. cash money, if any.
7. Illegal Possession of Explosives (R.A No.
8294 as amended)
a. chemistry report duly signed by the forensic
chemist; and
b. photograph of the explosives, if readily
available
8. Violation of the Fisheries Law (PD No. 704)
a. photograph of the confiscated fish, if readily
available;
b. certification of the Bureau of Fisheries and
Aquatic Resources.
9. Violation of the Forestry Law (PD No. 705)
a. scale sheets containing the volume and
species of the forest products confiscated,
number of pieces and other important details

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such as estimated value of the products


confiscated;
b. certification of Department of Environment
and Natural Resources/ Bureau of Forest
Management; and
c. seizure receipt.

NOTE: The submission of the foregoing


documents shall not be absolutely required if
there are other forms of evidence submitted
which will sufficiently establish the facts sought
to be proved by the foregoing documents.

What will happen if the documents presented


before the inquest officer is incomplete?
When the documents presented are not
complete to establish probable cause, the
Inquest Officer shall direct the law enforcement
agency to submit the required evidence within
the prescribed period under the provision of
Article 125 of the Revised Penal Code, as
amended. Otherwise, the Inquest Officer shall
order the release of the detained person and,
where the inquest is conducted outside of office
hours, direct the law enforcement agency
concerned to file the case with the City or
Provincial Prosecutor for appropriate action.

Is the presence of the detained person required


in inquest proceedings?
The presence of the detained person who is
under custody shall be ensured during the
proceedings. However, the production of the

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detained person before the Inquest Officer may


be dispensed with in the following cases:
a. if he is confined in a hospital;
b. if he is detained in a place under maximum
security;
c. if production of the detained person will
involve security risks; or
d. if the presence of the detained person is
not feasible by reason of age, health, sex
and other similar factors.
NOTE: The absence of the detained person by
reason of any of the foregoing factors shall be
noted by the Inquest Officer and reflected in the
record of the case.

What should be done with charges and counter-


charges?
All charges and counter-charges arising from
the same incident shall, as far as practicable, be
consolidated and inquested jointly to avoid
contradictory or inconsistent disposition.

What will happen if the arrest is not properly


effected?
Should the Inquest Officer find that the arrest
was not made in accordance with the Rules, he
shall:
1. recommend the release of the person
arrested or detained;
2. note down the disposition on the referral
document
3. prepare a brief memorandum indicating the
reasons for the action taken; and

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4. forward the same, together with the record


of the case, to the City or Provincial
Prosecutor for appropriate action.

What if the recommendation for release is


approved by the City or Provincial Prosecutor
but the evidence warrants a regular preliminary
investigation?
Where the recommendation for the release of
the detained person is approved by the City or
Provincial Prosecutor but the evidence on hand
warrants the conduct of a regular preliminary
investigation, the order of release shall be served
on the officer having custody of said detainee
and shall direct the said officer to serve upon the
detainee the subpoena or notice of preliminary
investigation, together with the copies of the
charge sheet or complaint, affidavits or sworn
statements of the complainant and his witnesses
and other supporting evidence.

What if the arrest is properly effected?


Should the Inquest Officer find that the arrest
was properly effected, the detained person shall
be asked if he desires to avail himself of a
preliminary investigation and, if he does, he shall
be made to execute a waiver of the provisions of
Article 125 of the Revised Penal Code, as
amended, with the assistance of a lawyer and, in
case of non-availability of a lawyer, a responsible
person of his choice. The preliminary
investigation may be conducted by the Inquest
Officer himself or by any other Assistant

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Prosecutor to whom the case may be assigned by


the City or Provincial Prosecutor, which
investigation shall be terminated within fifteen
(15) days from inception.

What if the detained person does not opt for a


preliminary investigation or otherwise refuses
to execute the required waiver?
Where the detained person does not opt for a
preliminary investigation or otherwise refuses to
execute the required waiver, the Inquest Officer
shall proceed with the inquest by examining the
sworn statements/affidavits of the complainant
and the witnesses and other supporting evidence
submitted to him. If necessary, the Inquest
Officer shall require the presence of the
complaining witnesses and subject them to an
informal and summary investigation or
examination for purposes of determining the
existence of probable cause.

INTERROGATION OF SUSPECTS

What is interrogation?
It is the vigorous and confrontational
questioning of a suspect about his participation in
a crime.

What are the purposes of interrogation?


1. On the suspect, to extract confession or
admission.

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2. On the uncooperative or unwilling witness,


it is to extract information he possesses.
3. To learn the facts of the crime
4. To learn the identity of the accomplice
5. To develop information which will lead to
the recovery of the fruits of the crime
6. To discover the details of other crimes
participated by the suspect.

Distinguish admission from confession.


Confession is the direct acknowledgment of
guilt arising from the commission of a crime.
Admission is an acknowledgement of a fact or
circumstance without accepting guilt.

What are the kinds of confessions?


1. Extra-judicial confession – made during
custodial investigation.
2. Judicial confession – made in open court.

What is custodial investigation?


It is the investigation conducted by the
investigator on the suspect who is under police
custody.

What are the so-called “Miranda Rights”?


These are the rights of the accused during
custodial investigation. This originated from the
case Miranda vs. Arizona in the United States.

Enumerate the original Miranda Rights.

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Any person under custodial or police


investigation has the right to be informed of the
following rights:
1. Right to remain silent
2. Right to be reminded that if he waives
his right to remain silent, anything he
says can and will be used against him.
3. Right to counsel before and during
interrogation
4. Right to be reminded that if he cannot
afford counsel, then one will be provided
for him by the state.
5. Even if the person consent to answer
questions without the assistance of
counsel, the moment he asks for a
lawyer at any point in the investigation,
the interrogation must cease until an
attorney is present.
6. If the foregoing protections and warnings
are not demonstrated during the trial to
have been observed by the prosecution,
no evidence obtained as a result of the
interrogation can be used against him.

When are these rights available?


1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his
freedom of action in any significant way.
3) When the investigation is being conducted by
the government (police, DOJ, NBI) with respect
to a criminal offense. Signing of arrest reports
and booking sheets.

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What are the rights of persons arrested,


detained, or under custodial investigation under
RA 7438?
1. Any person arrested, detained or under
custodial investigation shall at all times be
assisted by counsel.
2. The custodial investigation report shall be
reduced to writing by the investigating
officer, provided that before such report is
signed, or thumb marked if the person
arrested or detained does not know how to
read and write, it shall be read and
adequately explained to him by his counsel
or by the assisting counsel provided by the
investigating officer in the language or
dialect known to such arrested or detained
person, otherwise, such investigation report
shall be null and void and of no effect
whatsoever.
3. Any extrajudicial confession made by a
person arrested, detained or under
custodial investigation shall be in writing
and signed by such persons in the presence
of his counselor in the latter's absence,
upon a valid waiver, and in the presence of
any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor,
or priest or minister of the gospel as chosen
by him; otherwise, such extrajudicial
confession shall be inadmissible in evidence
in any proceeding.

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4. Any waiver by a person arrested or


detained under the provisions of Art. 125 of
the RPC, or under custodial investigation,
shall be in writing and signed by such
person in the presence of his counsel;
otherwise such waiver shall be null and void
and of no effect.
5. Any person arrested or detained or under
custodial investigation shall be allowed
visits by or conferences with any member of
his immediate family, or any medical doctor
or priest or religious minister chosen by him
or by any member of his immediate family
or by his counsel, or by any national NGO
duly accredited by the CHR or by any
international NGO duly accredited by the
Office of the President. The person's
"immediate family" shall include his or her
spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece,
and guardian or ward.

When are these rights not available?


1) During a police line-up. Exception: Once there
is a move among the investigators to elicit
admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time
he voluntarily surrendered to the police or
outside the context of a formal investigation.
4) Statements made to a private person.

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What is the so-called Exclusionary Rule?


1) Any confession or admission obtained in
violation of this section shall be inadmissible in
evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of
an illegally obtained confession is also
inadmissible, being the fruit of a poisonous
tree.

What are the requisites of valid waiver of


Miranda rights?
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF
COUNSEL.

What should be the attitude of the interrogator?


a. Dominate the interview
b. Avoid distracting mannerism
c. Language
d. Dress
e. Preliminary conduct
f. Presence of other person
g. Place

Description of the interrogation room


a. Privacy can be achieved by having one
door, absence of windows, soundproof wall,
and telephone without ringing bell
b. Simplicity- medium size room, bare walls,
no glaring lights, minimum furniture
c. Seating arrangement- straight back chair
for the suspect, table with flat surface, the back
of the suspect must be facing the door.

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d. Technical aid- installation of recording


device and one-way mirror.

General Suggestions Regarding the


Interrogation of Criminal Suspects
1. Interview the victim, the accuser, or the
discoverer of the crime before interrogating the
suspects.
2. Be patient and persistent. Never conclude
an interrogation at a time when you feel
discouraged and ready to give up; continue for a
little while longer.
3. Make no promises when asked, “What will
happen to me if I tell the truth?”
4. View with skepticism the so-called
conscience-stricken confession.
5. When a subject has made repeated denials
of guilt to previous investigators, first question
him, whenever circumstances permit, abut
some other unrelated offense of a similar
nature of which he is also considered to be
guilty.
6. An unintelligent, uneducated criminal
suspect, with low cultural background should be
interrogated on a psychological level compared
to that usually employed in the questioning of a
child.

What are the different techniques of


interrogation?
1. Emotional approach - place the subject in the
proper frame of mind. The investigator should
provide emotional stimuli that will prompt the

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subject to unburden himself by confiding.


Analyze the subject’s personality and decide
what motivation would prompt him to tell the
truth, then provide those motives through
appropriate emotional appeals.
2. Sympathetic approach - the suspect may feel
the need for sympathy or friendship. He is
apparently in trouble. Gesture of friendship may
win his cooperation.
3. Kindness/friendliness - the simplest technique
is to assume that the suspect will confess if he is
treated in a kind and friendly manner.
4. Extenuation - the investigator indicates he
does not consider his subject’s indiscretion a
grave offense. (lessen the seriousness of the
crime committed by providing partial excuse).
5. Shifting the blame - the interrogator makes a
clear belief that the suspect is obviously not the
sort of person who usually get mixed up in a
crime like this. The interrogator could tell from
the start that he was not dealing with a fellow
who is a criminal by nature and choice. The
trouble with the suspect lies in his little weakness
– he likes liquor, perhaps or he is excessively fond
of girls, or he has had a bad run of lick in
gambling.
6. Mutt and Jeff - these are two agents, mutt, the
relentless investigator, who is not going to waste
any time because he knows the subject is guilty.
Jeff, on the other hand, is obviously a kind
hearted man.
7. Bluff on a Split Pair - this is applicable when
there are more than one suspect. The suspects

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are separated and one is informed that other has


talked.
8. Pretense of Physical Evidence – the
investigator may pretend that certain physical
evidence has found by laboratory experts against
him.
9. 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:

Other interrogation techniques


1. Tricks and bluffs
2. Stern approach
3. Removing ethnic or cultural barrier
4. Searching for the soft spot
5. Rationalization
6. Projection
7. Minimization

What are the different physical signs of


deception?
1. sweating
2. color change
3. dry mouth
4. breathing
5. pulse
6. avoidance of direct eye contact

REPORT WRITING

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What reports should the investigator-on-case


submit?
1. Spot Report within 24 hrs to HHQ;
2. Progress Report;
3. After Operation Report;
4. Final Report after the case is filed before
the prosecutor’s office/court; and
5. Accomplishment Report.

What is a CIPLAN?
CIPLAN stands for Case Investigation Plan. The
conduct of police operation involving sensational
cases, high profile and heinous crimes must be
covered by Case Investigation Plan.

FILING OF CRIMINAL COMPLAINT

What is the meaning of “regular filing”? When it


is allowed?
Regular Filing is the process of filing a complaint
or information with the court or office of the
prosecutor under the following circumstances:
1. for the offenses where a preliminary
investigation is required ( where penalty
imposed is at least four ( 4 ) years, two ( 2 )
months and one ( 1 ) day without regard to
the fine), by filing the complaint with the
proper officer for the purpose of conducting
the requisite preliminary investigation.
2. For all other offenses, by filing the
complaint of information directly with the
Municipal Trial Courts and Municipal Circuit

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Trial Courts, or the complaint with the office


of the prosecutor. In Manila and other
chartered cities, the complaints shall be
filed with the Office of the Prosecutor
unless otherwise provided in their charters.
3. When accused lawfully arrested without
warrant. When a person is lawfully arrested
without warrant involving an offense which
requires a preliminary investigation, the
complaint or information may be filed by a
prosecutor without need of such
investigation provided an inquest has been
conducted in accordance with existing rules.
In the absence or unavailability of an
inquest prosecutor, the complaint may be
filed by the offended party or a peace
officer directly with the proper court on the
basis of the affidavit of the offended party
or arresting officer or person.

COURT PROCEEDINGS

What is the duty of investigator-on-case and


arresting officers when the case is already heard
in court?
The investigator-on-case and arresting officers
shall endeavor to ensure their attendance during
court hearings while COPs/Heads of Units shall
supervise and ensure the attendance of
witness/es.

INTELLIGENCE

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VARIOUS INTELLIGENCE AGENCIES IN THE


WORLD

Australian Secret Intelligence Service (ASIS),


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

Bundesnachrichtendienst (BND), Germany – is


the foreign intelligence agency of the German
government. The BND acts as an early warning
system to alert the German government to
threats to German interests from abroad. It
depends heavily on wiretapping and electronic
surveillance of international communications. It
collects and evaluates information on a variety
of areas such as international terrorism,
organized crime, weapons and drug trafficking,
money laundering, illegal migration and
information warfare. As Germany’s only
overseas intelligence service, the BND gathers
both military and civil intelligence.

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Federal Security Service of Russian Federation


(FSD), Russia – (formely – Komitet Guzudarst
Benoi Bezopasnosti – KGB) the FSD is the main
domestic security agency of the Russian
Federation and the main successor agency of
the Soviet-Era Cheka, NKVD and KGB. The FSD is
involved in counter-intelligence, internal and
border security, counter-terrorism, and
surveillance. The FSD is responsible for internal
security of the Russian state,
counterespionage, and the fight against
organized crime, terrorism, and drug smuggling.
The number of FSD personnel and its budget
remain state secrets, although the budget was
reported to jump nearly 40% in 2006.

General Directorate for External Security,


France – It is France’s external intelligence
agency. Operating under the direction of the
French Ministry of Defense, the agency works
alongside the Central Directorate of Interior
Intelligence (DCRI) in providing intelligence and
national security, notably by performing
paramilitary and counterintelligence operations
abroad. Its primary focus is to gather
intelligence from foreign sources to assist in
military and strategic decisions for the country.
The agency employs more than five thousand
people.

Inter-Services Intelligence (ISI), Pakistan – with


the lengthiest track record of success, the best
known intelligence so far on the scale of records

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is ISI. The ISI was created as an independent


unit in 1948 in order to strengthen the
performance of Pakistan’s military intelligence
during the Indo-Pakistani War of 1947. The best
of its time, failed to counter ISI and protect
Soviet interests in Central Asia. It has protected
its nuclear weapons since formed and it has
foiled Indian attempts to attain ultimate
supremacy in the South-Asian theatres through
internal destabilization of India. It is above all
laws in its host country Pakistan ‘a state, with in
a state’. Its personnel have never been caught
on camera. It is believed to have the highest
number of agents worldwide, close to 10,000.
The most striking thing is that it’s one of the
least funded intelligence agencies out of the top
10 and still the strongest.

Ministry of State Security (MSS), China – It is the


security agency of the People’s Republic of
China. Article 4 of the Criminal Procedure Law
gives the MSS the same authority to arrest or
detain people as regular police for crimes
involving state security with identical
supervision. One of the primary missions of the
MSS is undoubtedly to gather foreign
intelligence from targets in various countries
overseas. Many MSS agents are said to have
operated in the greater china region.

MOSSAD (Israel) – The MOSSAD (literally


meaning “the Institute”) is responsible for
intelligence collection and covert operations

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including paramilitary activities. It is one of the


main entities in the Israeli intelligence
community, along with Aman (military
intelligence) and Shin Bet (internal security), but
its director reports directly to the prime
minister. Mossad was formed on December 13,
1949, as the Central Institute for Coordination
at the recommendation of Prime Minister David
Ben-Gurion to Reuven Shiloah. Ben Gurion
wanted a central body to coordinate and
improve cooperation between the existing
security services—the army's intelligence
department (AMAN), the Internal Security
Service (Shin Bet), and the foreign office's
"political department". In March 1951, it was
reorganized and made a part of the prime
minister's office, reporting directly to the prime
minister.

FIGURE 4.1 MOSSAD

National Intelligence Coordinating Agency


(NICA) – It is the primary intelligence gathering
and analysis arm of.the Philippine government, in
charge of carrying out overt, covert,
and clandestine intelligence programs. Its motto
is: "Intelligence is Security”. Founded in 1949, it
was created by President Elpidio Quirino under

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the authority of Executive Order 235 with further


powers relating to intelligence work added by a
Government Survey and Reorganization
Commission in 1954. Under Executive Order 246,
the NICA is mandated to be the focal point for
the direction, coordination and integration of
government activities involving national
intelligence, and the preparation of intelligence
estimates of local and foreign situations for the
formulation of national policies by the President
of the Philippines.

Research and Analysis Wing (R&AW or RAW) – It


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

Secret Intelligence Service (SIS) MI-6 – United


Kingdom - the Secret Intelligence Service (SIS)
supplies the British government with foreign
intelligence. It operates under the formal
direction of the Joint Intelligence
Committee (JIC) alongside the Internal Security
Service (MI5), the Government Communications

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Headquarters (GCHQ) and the Defense


Intelligence (DI). It is frequently referred to by
the name MI6, a name used as a flag of
convenience during the Second World War
when it was known by many names. The
existence of MI6 was not officially
acknowledged until 1994.

NOTABLE PERSONALITIES

Akbar – the "Great Mogul" and wise master of


Hindustan. He employed more than 4,000
agents for the sole purpose of bringing him the
truth that his throne might rest upon it.

Alexander the Great (Alexander III of Macedon)


– He was undefeated in battle and is widely
considered one of history’s most successful
military commanders. He was able to identify
those who are disloyal to him by ordering the
opening of communication letter of his men and
was successful in uplifting the spirit de corps
and the morale of his men.

FIGURE 4.2 ANCIENT FLOOR MOSAIC OF


ALEXANDER THE GREAT

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Edward I - In 1725, he organized a systematic


police system` called Witch and Ward. By Royal
proclamation, the profession “State Informer
“was created in 1734 enjoining all informers to
expose criminal activities and be compensated.

Frederick the Great – “Father of Organized


Military Espionage”. He divided agents into four
class:
a. Common spies – those recruited among poor
folk, glad to earn a small sum or to
accommodate as military officer.
b. Double spies – are unreliable renegades,
chiefly involved in spreading false information
to the enemy.
c. Spies of Consequences – couriers and
noblemen, staff officers, and kindred
conspirators, requiring a substantial bribe or
bait.
d. Persons who were forced to undertake
espionage against their own will.

Napoleon Bonaparte – “one spy in the right place


is worth 20,000 men in the field".

Julius Ceasar – during his time, the staff of each


legion includes ten "speculators" who served as
an information-collecting agency. The
"speculators" were the first intelligence
personnel to appear definitely in a military
organization. Military success of the Romans
was aided by communication system. Made use
of carrier pigeons, which made possible the

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amazing speed with which intelligence of the


Imperial Rome was transmitted. They also
employed ciphers to ensure secrecy of
communications.

John Churchill - first Duke of Malborough, told


critics of his enormous expenditure on
espionage, which “no war can be conducted
successfully without early and good intelligence,
and such advices cannot be had but a very great
expense”.

Delilah – She is the “woman in the valley of


Sorek” whom Samson loved, and who was his
downfall. Delilah was approached by the lords
of Philistines, to discover the secret of Samson’s
strength. She did it for money. (Judges 16:1-31)

Maj. General William J. Donovan – “Father of


Modern Intelligence Gathering”. He was the
organizer of the Office of Strategic Services
(OSS) in June 1942. The mandate of the OSS was
to collect and analyze strategic information
required by the Joint Chiefs of Staff and to
conduct special operations not assigned to
other agencies.

Joseph Fouche of France – A Frenchman born in


1759, rose to become the most feared and
respected intelligence director in French
history. He created a network of agent. His
assistance founded the modern system of
spying on spies, which later was known as

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counter espionage. He was influential in the


return of Louis XVIII to the throne in 1815.

Nathan Hale – The first American captured, and


executed (hanging) for spying on September 22,
1776.

Hannibal - He was considered one of the brilliant


military strategists in the history of military
intelligence. He had developed an effective
intelligence system for 15 years in Rome. He
usually roam around the city often disguise
himself as a beggar to gather first-hand
information.

Sir Samuel Luke – Chief Scout of Oliver Cromwell


who was able to dethrone King Charles I in
British Civil War of 1640's. He was said to be
industrious in snooping on the enemy.

Moses – One of the first recorded intelligence


accounts where Moses sent spies to the land of
Canaan to look for “what it is, the people who
dwell therein were strong or weak, few or
many; whether the land is good or bad; whether
they dwell in tents or in strong holds.”
(Numbers 13:17-20, KJV)

Joseph Petrosino – He was member of the New


York Police Department in early 1900, he was
the head of the Italian Squad. Through
extensive intelligence network, he was credited

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to smash and neutralization of the Black


Society.

Rahab – a harlot, who sheltered and concealed


the two men sent by Joshua to spy secretly in
Jericho; made a covenant with the agents and
duped their pursuers (Joshua 2:1-21)

Alfred Redl - He was one of the most brilliant


intelligent agents. Though a homosexual, he
became Chief of the Austro – Hungarian Secret
Service. He became a double agent of Russia. In
1913, his treason was discovered and he was
forced to commit suicide. His treason also led to
the death of almost 500,000 agents and soldiers
combined in his 13 years espionage episode.

Karl Schulmeister - was Napoleon’s eye,


Napoleon’s military secret, born on August 5,
1770. He began his career in offensive
espionage under a cover role. He was able to
infiltrate the Austrian General Staff.

Quintus Sertorius – He was the Roman


Commander in Spain who possessed a White
Fawn and allowed it to become widely known -
that he derived secrets and guidance from the
fawn. His intelligence agents credited their
information to the supernatural power of
animals.

Wilhelm Stieber - He incorporated intelligence in


the General Staff Support System. He further

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device military censorship and organized


military propaganda. He introduced military
censorship and organized military propaganda.
He works as a census taker and developed
informal gathering of data.

Sun Tzu – The Art of War: It presents a


philosophy of war for managing conflicts and
winning battles. “Know thy enemy and know
yourself, you need not fear the results of a
hundred battles. If you know yourself and not
the enemy, for every victory, you are a fool who
will meet defeat in every battle.”

FIGURE 4.3 SUN TZU

Sir Francis Walsingham – Protector of Queen


Elizabeth I, who organized the secret police and
established a spy network to detect fleet
movement of enemies of the British Empire
particularly the Portuguese. He was regarded as
the "first great spymaster", a ruthless in the
cause, he was responsible for the assassination,
murdering and execution of people who
covertly betrayed the queen.

George Washington - Conspirator under oath


abounds in the history of every nation. George
Washington was grand master in intelligence.
He mobilized the Free Masons of the colonies at

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the outbreak of the American war of


Independence.

Sir Arthur Wellesly – Duke of Wellington, who


defeated Napoleon's at Waterloo in 1815. He
was regarded as the "greatest military
spymaster at all time". He live by the motto, "all
the business of war is to find out what you don’t
know by what you do." He always studied the
enemy in depth, finding out not only where the
opposing army was and how strong it was, but
the character of it's commander, the spirit and
training of its troops, their battle experience,
and how they were supplied with arms and
rations. He also studied and mapped the roads,
rivers and topography of the war theatre.

Herbert Yadley - Under Yardley, the cryptanalysts


of The American Black Chamber broke Japanese
diplomatic codes and were able to furnish
American negotiators with significant
information during the Washington Naval
Conference of 1921-1922.

Admiral Isoroku Yamamoto – He was the


commander-in-chief during the decisive early
years of the Pacific War and therefore
responsible for major battles, such as Pearl
Harbor and Midway. He died when American
code breakers identified his flight plan and his
plane was shot down. His death was a major
blow to Japanese military morale during World
War II.

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BRIEF HISTORY OF INTELLIGENCE

History of American Intelligence1


 George Washington requested that Congress
establish a “secret service fund” for
clandestine activities in the very first
presidential State of the Union Address. As the
commander-in-chief of the Continental Army
during the Revolutionary War, Washington
knew how important these clandestine
operations were to the new country.
 The feisty Americans ran networks of agents
and double agents; set up elaborate
deceptions against the British army;
coordinated sabotage operations and
paramilitary raids; used codes and ciphers; and
disseminated propaganda and disinformation
to influence foreign governments.
 Paul Revere was one of the first famous
“intelligence” operatives, spreading the word
throughout the countryside when British
troops were first spied.
 Within two years of Washington’s State of the
Union speech, the secret service fund
represented more than 10% of the federal
budget. In the early 1800s, Thomas Jefferson
drew from this fund to finance the United
States’ first covert attempt to overthrow a

1
Retrieved on August 8, 2017 from https://www.cia.gov/kids-page/6-12th-grade/operation-history/history-of-american-
intelligence.html

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foreign government, one of the Barbary Pirate


states in North Africa.
 From 1810 to 1812, James Madison used the
fund to employ agents and clandestine
paramilitary forces to influence Spain to
relinquish territory in Florida. Several
presidents would dispatch undercover agents
overseas on espionage missions, a strategy
pioneered in the United States by Franklin in
his role as ambassador before and during the
Revolutionary War.
 Later, one US spy, disguised as a Turk,
obtained a copy of a treaty between the
Ottoman Empire and France. Also during this
period, Congress first attempted to exercise
oversight of the secret fund, but President
James K. Polk refused the lawmakers, saying,
“The experience of every nation on earth has
demonstrated that emergencies may arise in
which it becomes absolutely necessary…to
make expenditure, the very object of which
would be defeated by publicity.”

 Central Intelligence Agency (CIA)


President Harry S. Truman established the
Central Intelligence Group (CIG) in January
1946. Rear Admiral Sidney W. Souers, USNR
(United States Navy Reserve), who was the
first Deputy Chief of Naval Intelligence, was
appointed the first Director of Central
Intelligence.
Twenty months later, the National
Intelligence Authority and the CIG were

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disbanded. Under the provisions of the


National Security Act of 1947, the National
Security Council (NSC) and the Central
Intelligence Agency (CIA) were created.
April 13, 1953, CIA director Allen Dulles
authorized the agency's MK-Ultra project,
otherwise known as the mind-control
project. They conducted experiments on the
effects of biological and chemical agents on
American citizens without their knowledge.
Such experiments include the use of
hallucinogenic drugs, hypnosis, "brain-
washing" and alcohol intoxication. The
experiment's learning were used to create
new techniques for interrogations and
torture, in order to weaken spies and force
confessions with mind control. The
experiments were said to have continued for
10 years but evidence and records of it were
destroyed in 1973, at the instruction of then
CIA Director Richard Helms.

FIGURE 4.4 CIA LOGO

Other History of Interests


Battle of Midway - In June 1442, the turning
point of the Naval in the Pacific, the victory
gained by the Americans was due to the

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disrupted messages from the Imperial


Japanese Navy.

Principles of Intelligence (SCOUTICS)


1.Selection – Only the most essential and
significant on the set objectives will be
considered.
2.Communication – Intelligence should be
disseminated only to those authorized
individuals on the basis of “need-to-know”
principle.
3.Objectivity – Intelligence must be adapted
based on the specific needs. It should always
be aligned on the established objectives.
4.Usefulness – The relevance and importance of
the information.
5.Timeliness – The use of intelligence in the
most appropriate situation.
6.Interdependence – Although intelligence is
artificially subdivided into component
elements to insure complete coverage,
eliminate duplication and to reduce the overall
task or manageable sizes, unity of purpose is
essential. Each component should interact
precisely to achieve its purpose.
7.Continuity – The continuous application of all
the essentials in intelligence operation.
8.Security – The protection and preservation of
intelligence information.

Categories of Intelligence

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Military Intelligence – refers to the use of


processed information in formulating military
plans, programs and policies. This would
include strategic and combat intelligence.
a. Strategic intelligence gives attention
to the capability, vulnerability and possible
course of action of the enemy.
b. Combat intelligence highlights knowledge
pertaining to weather, enemy and terrain.2

Police Intelligence – refers to the output or end


product resulting from the collection,
evaluation, analysis, integration and
interpretation of all available facts which
concerns the activities of criminal elements
and its activities significant to police planning
and operation. This covers line, strategic and
counter-intelligence.

Police Intelligence Operations

Categories of Police Intelligence


1.Strategic Intelligence – knowledge which deals
with the wide and far reaching issues of law and
order, internal security, crime suppression and
prevention, and public safety necessary in the
formulation, preparation and execution of long
ranges, policies and program.

*Components of Strategic Intelligence

2
Guevara, R.M. (2017). Criminology Licensure Outcomes Based Examination Reviewer. Valenzuela City: Danlyn Publishing House.

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a. Political Intelligence – deals with Domestic


and Foreign affairs and relation of
government operations.
b. Economic Intelligence – deals with the
extent and utilization of natural and human
resources to the industrial potential of the
nations.
c. Transportation and Telecommunication
Intelligence - concerned with the
operations and facilities not only the
Military but also the Civilians.

2.Counter Intelligence - preparation and


execution of plans and programs to neutralize or
prevent any activities undesirable to the police
organization.

a. Counter-Intelligence aka Negative


Intelligence – information that is gathered and
processed by an organization to protect itself
against espionage and other intelligence
activities of the enemy. These are measures
undertaken to deny the enemy of any
information consisting of passive and active
counter-intelligence measures.
 In passive counter-intelligence – involves
measures which seek to conceal info from
the enemy; secrecy discipline, movement
control, camouflage and proper handling of
information is practiced.
 Active counter-intelligence – involves
measures which seek to block the enemy’s
efforts to gain info or engage in espionage,

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subversion or sabotage. It covers


reconnaissance, patrolling, sabotage,
espionage, interior guard duty and
fortification of vital facilities.

b. Categories of Counter-Intelligence
Operations
1. Military Security – It encompasses the
measures taken by a command to protect
itself against espionage, enemy operation,
sabotage, subversion, or surprise.
2. Port Boundary and Travel Security –
application of both military and civil security
measures for counter-intelligence control at
point of entry and departure, international
borders and boundaries.
3. Civil Security – active and passive counter-
intelligence measures affecting the non-
military nationals permanently or temporarily
residing in an area under military jurisdiction.
4. Special Operations – counter subversion,
sabotage and espionage.

c. Objectives of Counter-Intelligence
1. To protects information against espionage
(the use of spying or spies to gather secret
info)
2. To protects personnel against subversion
(an action or activity intended to undermine or
overthrow a government or institution)
3. To protects installations against sabotage
(the deliberate destruction of property,
equipment, or efforts of another)

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d. Importance of Counter-Intelligence
1. It reduce the risk of officers in command
positions
2. It aid in achieving the element of surprise
3. It increase the security of the command
4. It deny info to the enemy/decrease the intel
capability of the enemy

e. Counter Intelligence (CI) Operation


1. Counter Human Intel (HUMINT) – seeks to
overcome enemy attempts to use human
sources to collect information or to conduct
sabotage and subversion which includes CI
special operations, liaison, counter security,
and CI screening.
2. Counter Imagery Intel (IMINT) - includes
action taken to determine enemy SIGINT and
related enemy weaknesses, capabilities and
activities. These actions include surveillance
radar, photo thermal and infrared systems.
Successful counter – IMINT operations rely
heavily on pattern and movement analysis and
evaluation of the enemy.
3. Counter Signal Intel (SIGINT) – determine
enemy SIGINT and related enemy weaknesses,
capabilities and activities, assess friendly
operations to identify patterns, profiles and
develop, recommend and analyze counter
measures.

f. Three (3) Categories of Counter-Intelligence

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1. Denial – thru secrecy discipline, document


security, camouflage and concealment,
communication security, military censorship
2. Detection – thru personnel security
intelligence, security tag or pass card,
challenge or password, reconnaissance
3. Deception – thru use of escape and
evasion, dummy position, fabricated info

3.Line or Tactical Intelligence – knowledge which


contributes directly to the accomplishment of
specific objectives of immediate concern such as
raids, arrest, etc

Functional Classifications of Police Intelligence


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

POLICE INTELLIGENCE OPERATIONS


Five steps in processing collected information
which is then converted into Intelligence!!!

1st. Recording – is the reduction of information


into writing or some other form of graphical

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representation and the arranging of this


information into groups related items.

2nd. Evaluation or Analysis – is the determination


of the pertinence of the information to the
operation, reliability of the source of or agency
and the accuracy of the information.

*We used Evaluation to Determine:


Pertinence – does it hold some value to current
operation?
Reliability – judging the source of information or
agency
Credibility – truth of information

3rd. Integration - The combination of the


elements isolated analysis with other known
information related to the operation.

4th. Interpretation - Process of determining the


significance of new information in the possible
alternatives. The interpreter determines the
significance of the information as to the meaning
of the interpreted information.

5th. Dissemination of Processed information or


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

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Cycles of Intelligence Operations

Phase 1 – Planning the Collection Effort. This


phase of the cycle involve the determination of
the requirements of intelligence. It is concerned
with identifying the so called Essential Element
of Information (EEI) - an item of intelligence or
information of the characteristics of the area of
operations and the enemy, which the
commander feels he needs before he can
reasonably arrive at a decision.

Categories of Intelligence Requirements

a. In Relation to Use:
1. Executive – are those information required
by executive, governmental and military
commanders; the executive requirements are
the basis for decisions and national policy
making.
2. Contributory – information required to
complete the staff process – make staff plans
and estimates that contribute to the decision
and policy making.
3. Operational – additional intelligence
required in planning and carrying out
effectively the decision or policy announced.
Decisions and policy require implementation.
4. Collateral – higher or adjacent echelons of
the government or military establishment may
require info.

b. In Relation to Type:

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1. Basic – are general reference materials for


use in the planning regarding the enemies,
area of operations, capabilities – static
comprehensive.
2. Current – are information which are
temporary in nature and narrower in scope.
3. Estimative – are those that determine the
future courses of action; required by the
executives to plan future military operations
and policies.

Phase 2 - Collection of information. This phase of


the cycle is concerned with identification of the
collecting agency, the formulation of procedures
on the manner of collecting the information in
conjunction with the plans as achieved in phase
one.

Selection of Collecting Agencies


1. List all available sources; exploit the
collecting agencies.
2. Collection will be assigned in accordance
with capabilities;
3. Collection directives prepared once the
proper collecting agency has been selected
to exploit a particular source;
4. Collection directives do not limit the
activities of the collecting agency;
5. Criteria for the selection of collecting
agency; suitability, capability, confirmation,
timeliness and balance.

Purpose of the Collection Plan

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1. To insure logical and orderly analysis of the


intelligence requirements.
2. To establish a workable collection scheme
based on the analysis of the intelligence
requirement.
3. To provide definite and precise directives to
collecting agencies.
4. To avoid possibility of omission, conflict or
unnecessary duplication of collection effort.

Steps in Developing a Collection Plan


1. List the requirements in the order of
priority
2. Break the requirements into indication –
any evidence of actual or potential enemy
activity or characteristic of an area of
operation enemy activity or characteristic of
an area of operation, habitual activities –
need experience.
3. Fit those indications into existing situations
– critical clues, security measures, attack,
defense, etc.
4. Basis for development for specific collection
directive - designed to exploit to the fullest
the collection directive; guide doesn’t limit.
5. Selection of Collecting Agencies – criteria
for selection – suitability, capability,
confirmation, timeliness and balance.
Designation of particular time and place
that the required information is to be
reported.

Factors in choosing Collection Agent

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In choosing collection agents, they must be


selected according to their capability – agents
placements or access to the target; multiplicity –
more agents; and balance – the number of agents
needed per operation.

Methods of Collection – collection of information


can be done through overt method (open
system) or covert method (secret/clandestine).

Collecting Agencies – depending on the type of


operation, the collecting agency could be
Government Agencies, Intelligence units, or
Organizations

Trade Crafts – includes the use of photography,


investigations / elicitation / interrogation,
surveillance, sound equipment, surreptitious
entry – keys and locks, use of an artist,
communication

Methods and Techniques of Collecting


Information

Information – All evaluated materials of every


description including those derived from
observation, reports, rumors, imagery, and other
sources from which intelligence is produced.

Types of Agent used in collecting of Information


1. Agent of Influence - Agent who uses
authority to gain information

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2. Agent in Place - Agent who has been


recruited within a highly sensitive target
3. Penetration Agent - Agent who have
reached to the enemy, gather information and
able to get back without being caught.
4. Expendable Agent - Agent who leaks false
information to the enemy.
5. Double Agent - An enemy agent, who has
been taken into custody, turned around and
sent back where he came from as an agent of
his captors.

Classifications of Sources of Information


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

* Elements of Clandestine Operation


1. Sponsor -directs the organization
conducting the clandestine activity.
2. Target - Person, place or things against
which the clandestine activity is to be
conducted.

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3. Agent - It refers to a person who conducts


the clandestine Operations to include Principal
Agents, Action Agents, and Support Agents.
4. Principal Agent - Leader or management
Agent in clandestine operation usually
undertaken by the case officer.
5. Action Agent - The who one who conducts
the clandestine Operation that includes:
- Espionage Agent - Agent who clandestinely
procure or collect information.
- Propagandist - Agents who molds the
attitudes, opinions, and actions of an
individual group or nation.
6. Support Agent - Agent who is engaged in
activities which supports the clandestine
operations and or the action agent in his
operations that includes the following:
- Surveillant - Agent who observes persons and
places of operations of interest.
- Investigator - Agent who undertake to procure
information or things of clandestine operation.
7. Procurer of Funds - Agent who obtain
money when needed for operational use.
8. Safe house Keeper - Agents who manages
and maintains a safe house for clandestine
operations like meetings, safe heavens, training,
briefing, and debriefing.
9. Communication Agent- Agent who is
detailed as securing of clandestine
communications.

Kinds of Covert Operation

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1.Surveillance – is the covert, discreet


observation of people and places for the purpose
of obtaining information concerning the
identities or activities of subjects.

Terms to remember in Surveillance


Surveillant – is the plainclothes investigator
assigned to make the observation
Subject – is who or what is observed. It can be
a person, place, property, and vehicle, group
of people, organization or object.
Safe house - Refers to a place where agents
meet each other for purposes of de-briefing
and reporting.
Live Drop - Refers to a place where agents or
informants leave their messages to the other
Agents.
Decoy - A person or object used by the subject
in attempt to elude Surveillant.
Log – chronological records of activities that
took place in the establishment under
surveillance.
Convoy - An associate of the subject who
follows him to detect surveillance.

Methods of Surveillance
a. Stationary Surveillance – also referred to
as Fixed and Stakeout Surveillance – is used
when you know or suspect that a person is at
or will come to a known location when you
suspect that stolen goods are to be dropped
or when informants have told you that a
crime is going to be committed.

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FIGURE 4.5 SURVEILLANCE

b. Moving Surveillance or Shadowing or


tailing – simply the act of following a person.

Forms of Moving Surveillance:


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

2. Casing - It is the careful inspection of a place to


determine its suitability for a particular
operational purpose.

3.Elicitation - The process of extracting


information from a person believes to be in
possession of vital information without his
knowledge or suspicion.

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4.Employment of Technical Means:


- Bugging - The use of an equipment or tool to
listen and record discreetly conversations of
other people.
- Wire Tapping - A method of collecting
information thru interception of telephone
conversation.

5.Tactical Interrogation - It is a process or


method of obtaining information from a captured
enemy who is reluctant to divulge information.

FIGURE 4.6 TACTICAL INTERROGATION

6.Observation and Description - It is a method of


collecting information by just merely using the
different senses.

COVER AND UNDERCOVER OPERATIONS

Undercover Operations
- also referred to as “Roping”
- Undercover is disguising one's own identity or
using an assumed identity for the purposes of
gaining the trust of an individual or organization
to learn secret information or to gain the trust
of targeted individuals in order to gain
information or evidence.

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Cover - It refers to the changing, forging or


falsifying agent’s real personality including but
not limited to things, location, job, and others
that will be used in undercover assignment.

Types of Cover
1. Artificial - altering the background that will
correspond to the operation
2. Multiple - Includes different cover
3. Natural - Actual or True Background.

Hazards of Undercover Operations


- Reintegration back into normal duty
- Maintenance of identity

Uses and Types of Undercover Assignment


1. Residential Assignment - It is related to the
neighborhood of the subject, where the agent
will live as a new resident without making any
suspicion. His mission is to make friends within
its neighborhood and gather information
regarding the subject and possibly getting closer
to the subject.
2. Social Assignment - The agent will gain
access to the subject by going to the different
hang out places of the subject and gather
information like knowing how to drink socially
without getting drunk.
3. Work Assignment - The agent will be
employed where the subject work to acquire
information. The agent must know his work and

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focus his mind set and habit to his work


assignment.
4. Subversive Organization - This is the most
dangerous of all the undercover assignment;
the agent will join the organization of the
subject itself he must know the ideologies of
the group and the actions while inside should
conform to the organization to avoid any
suspicion.

INFORMERS AND INFORMANTS

1.Informants - Any person who hand over


information to the agents which is relevant to the
subject. The informant may openly give the
information clandestinely and choose to remain
anonymous.

*Types of Informants
 Anonymous - Unidentified or unknown
informants
 False Informant - reveals information of no
consequences, value or stuff connected
within thin air.
 Frightened Informants - weakest link in
criminal chain, motivated by anxiety.
 Self-Aggrandizing - moves around the
center of criminals delight in surprising the
police about bits of information.
 Mercenary - Information for sale needed
something for exchange of information.

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 Double-Crosser - He wants to get more


information from the police more than he
gives.
 Women - Most dangerous
 Legitimate - operators of business desire to
give information for legitimate

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

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2. Informers - refers to any person who provides


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

Phase 3 - Processing the Collected Information.


This phase of the cycle is concerned with the
examination and collation of all collected
information.

Steps in Processing Raw Information

Five steps in processing collected information


which is then converted into Intelligence

1st. Recording – is the reduction of information


into writing or some other form of graphical
representation and the arranging of this
information into groups related items.

2nd. Evaluation or Analysis – is the determination


of the pertinence of the information to the
operation, reliability of the source of or agency
and the accuracy of the information.

*We used Evaluation to Determine:


Pertinence – does it hold some value to current
operation?
Reliability – judging the source of information or
agency
Credibility – truth of information

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3rd. Integration - The combination of the


elements isolated analysis with other known
information related to the operation.

4th. Interpretation - Process of determining the


significance of new information in the possible
alternatives. The interpreter determines the
significance of the information as to the meaning
of the interpreted information.

5th. Dissemination of Processed information or


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

1. Collection – organization of raw data and


information into usable form; grouping
similar items of information so that they
will be readily accessible.
 Police log book and Journal
 Intel-work Sheet - Intel Files
 Situation Maps - Rouges Gallery
 Modus Operandi Files

2. Evaluation – examination of raw


information to determine intelligence value,
pertinence of the information, reliability of
the source and agency, and its credibility or
truth of information. Evaluation is the

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determination of the pertinence of the info


to the operation, reliability of the source of
or agency and the accuracy of the info.
Evaluation determines the following:
 Pertinence - does it hold some value to
current operation? Is it needed
immediately?
 Reliability – judging the source of info of
agency

Accordin Accordin According


g to g to to sources of
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A- compl 1 T-Direct
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reli sources commander
able
B- us 2 U-Report
uall probably made by
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reliabl units
e
C- fai 3 possibly V-Report
rly true rendered by
reliable military or
law
enforcement
personnel
D- not 4 W-A result
usua doubtfully of
lly true interrogation
relia

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ble
E 5 X-
unreliable improbabl Observation
e of any gov’t
civilian
employee
E- rel 6 truth Y
iabil cannot be Observation
ity determine by populace
unk d Z Obtained
now from
n documents

THE EVALUATION GUIDE

Credibility – truth of info. Is it possible for the


reported fact or event to have taken place? Is the
report consistent within itself? Is the report
confirmed or corroborated by info from different
sources or agencies? If the report does not agree
with info from other sources which one is more
likely to be true?

3. Interpretation – it is establishing the


meaning and significance of the
information. It involves the following
activities:
 Analysis – shifting and isolating those
elements that have significance in light of
the mission or national objective.
 Integration – combining the elements
isolated in analysis and known information
to form a logical picture or theory.

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 Deduction – the formulation of


conclusions from the theory developed,
tested and considered valid –
determination of effort and meaning of
the information.

Phase 4 - Dissemination and Use of Information.


This phase of the cycle refers to the activities of
transferring the processed information to the
proper users, most particularly the authority that
requires the activity. Processed information can
be disseminated through annexes, estimates,
briefing, message, reports, overlays, and or
summaries.

Methods of Dissemination: Fragmentary


orders from top to bottom of the command,

Memorandum, circulars, special orders,


Operations order, oral or written,
Conference – staff members, other report
and intelligence documents, Personal
Contact

Who are the users of intelligence?


1. National leaders and military commanders –
formulation of national policies.
2. Advisors and Staff – preparations of plans
and estimates
3. Friendly nations or other branches of the
armed forces.
4. Processor – basis for evaluation and
interpretation.

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5. Head / chairman of an organization


6. Any person with authority for purposes of
planning.

Methods and Techniques of Collecting


Information

a. Elicitation – It is a system or plan whereby


information of intelligence value is obtained
through the process of direct
intercommunication in which one or more of
the parties are unaware of the specific purpose
of the conversation. The three phases are
determination of the mission, selection of the
subject, and accomplishment of the mission.

Two (2) Devices in the Conduct of Elicitation


1. Approach – process of setting people
to start talking
a. Flattery – People are susceptible to
praise. Use this weakness as a way of
approaching the subject for elicitation
i. Teacher-Pupil Approach – The subjects
is treated as an authority and then
solicit his view point and opinion on a
subject matter.
ii. Kindred Soul Approach – The subject is
place in a pedestal having some
specialized quality then flatter him/her
by showing enough concern for his/her
welfare to pay special attention to his
enjoyment.

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iii. Good Samaritan Approach – The


sincere and valid offers of help and
assistance are made to the subject
iv. Partial-Disagreement Approach – Seek
to produce talking by the word “I’m
sure if I fully agree.”

b. Provocative Approach – Discover a


wide range of conventional gambits.
i. Teaser Bait Approach – The elicitor
accumulates the sources of knowledge
about a particular subject to tempt the
subject to give his/her views.
ii. Manhattan from Missouri Approach –
The elicitor adopts an unbelievable
attitude above anything. He questions
all statements and oppositions.
iii. Joe Blow Approach – Is “I know the
answer to everything” approach. The
elicitor adopts the attitude of being
approachable of any field.
iv. National Pride Approach – Nature
propensity of all persons to defend
their country and its policies.

2. Probe – to keep people talking


incessantly
a. Competition Probe – This is effective
when used in connection with the teacher
pupil approach.
b. Clarity Probe – Used to elicit
additional information in an area which
the response is clear

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c. High Pressure Probe – It serves to


point out contradictions in what the
subject has said
d. Hypothetical Probe – Presents a
hypothetical situation and to get the
subject to react to the hypothetical
situations

Purposes of Elicitation
1. To acquire info which is impossible
through other channel
2. To obtain info which although
unclassified is not publicly known
3. To provide source of info
4. To assist various individuals

b. Casing or Reconnaissance – Casing is the


term use in the police organization while
reconnaissance is used in military terms.
Casing or reconnaissance is the surveillance of
a building place or area to determine its
suitability for Intel use or its vulnerability in
operations. It aids in the planning of an
operation by providing needed information. It
assists the agent handler to install confidence
in his agent during briefing phase by being
able to speak knowingly about the area of
operation. Casing is also considered a security
measure because it offers some degree of
protection for those operating in an area
unfamiliar to them.

Method of Casing

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1. Personal Reconnaissance – the most


effective method and will produced the most info
since you know just what you’re looking for.
2. Map Reconnaissance – it may not sufficient
but it can produce a certain amount of usable
information
3. Research – much info can be acquired
through research
4. Prior Information – your unit and of the unit
will have file report that they may provide you
with info.
5. Hearsay – info usually gain by the person
operating in the area and performing casing job.

c. Surveillance – is a form of clandestine


investigation which consists of keeping persons,
place or other targets under physical observation
in order to obtain evidence or information
pertinent to an investigation. Surveillance of
persons is called tailing or shadowing.
Surveillance of place is called casing or
reconnaissance. Surveillance of other things,
events, and activities is called roping.

Considerations in Surveillance Planning


1. Pre-Surveillance Conference – a conference
held among the team members, the police
intelligence unit before surveillance is conducted.
2. Surveillance Plan – a plan established as
required according to type of personnel, and the
general and specific instructions for surveillance.
3. Area Target Study – refers to the area of
operation of surveillance activities.

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4. Liason Program – the assignment of trained


intelligence personnel to other agencies in order
to obtain information of police intelligence value,
e.g. agencies like the press, credit agencies, labor
unions, telephone companies.

Types of Surveillance

According to Intensity
1. Discreet – subject person to be watched is
unaware that he is under observation
2. Close – subject is aware that he is under
observation
3. Loose – applied frequently or infrequently,
period of observation varied on each occasion

According to Methods
1. Stationary – this is observation of place
usually a bookie stall, a gambling place or a
residence where illegal activities are going on
(fixed position).
2. Moving/Shadowing/Tailing – surveillance
follow the subject from place to place to
maintain continuous watch of his activities.
a. Loose – employed where a general
impression of the subject’s habits and associates
is required.
b. Rough Shadowing – employed without
special precautions, subject maybe aware of the
surveillance. Employed also when the subject is a
material witness and must be protected from
harm or other undesirable influences.

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c. Close Tail – extreme precautions are taken


against losing the subject.
3. Technical – this is surveillance by the use of
communications and electronic hardware,
gadgets, system and equipment.

Basic Preparations in Surveillance


1. Study the Subject – name, address,
description, family and relatives, associates,
character and temperament, vice, hobbies,
education, others.
2. Knowledge of the area and terrain – maps,
national and religious backgrounds,
transportation, public utilities.
3. Subversive Organization – history and
background, biography of the official,
identity and background of members and
former members, method of
identification employed by the members,
files and records, nature, location and
accessibility, meeting.
4. Cover Story – the scenario must be
appropriate to cover up operation and
avoidance of identification of mission.

Counter Surveillance – the conduct of


operation is coupled with counter
intelligence measures such as window
shopping, use of convoys and decoys,
stopping immediately on blind corners,
getting out immediately on public
conveyances, retracing, entering mobile
housing.

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d. Observation and Description (ODEX)


Observation – a complete and accurate
observation by an individual of his
surroundings and encompasses the use of
all the major senses to register and
recognized its operational or intel
significance.
Description – the actual and factual
reporting of one’s observation of the
reported sensory experience recounted by
another.
Note: Psychologists estimate that
approximately 85% of our knowledge is
gathered through sight, 13% from
hearing and only 2% through the three
other senses.

Psychological Processes for Accurate


Observation
 Attention – consist of the psychological
process involve in becoming aware of an
existence of fact.
 Perception – involved in the
understanding this fat of awareness
 Report – involved in identifying the name
in one own mind and some fact which has
been perceive, narrated and identified.

Cover and Undercover Operations


Cover – the means by which an individual group
of organization conceals the true nature of its
acts and or existence from the observer.

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Cover Story – a biographical data through


fictional that will portray the personality of the
agent he assumed; the scenario to cover up
the operation.
Cover Support – an agent assigned in target
areas with the primary mission of supporting
the cover story.

a. Types of Cover
1. Natural Cover – using actual or true
background
2. Artificial Cover – using biographical
data adopted for the purpose
3. Cover within a Cover – justification of
existence
4. Multiple Cover – any cover you wish.

b. Undercover Assignment – The process of


determining the nature and extent of any
criminal activities in which a disguise, pretext
cover and deception are employed to gain
the trust and confidence of the criminal
organization.

c. The Undercover Agent – Special


qualifications include knowledge of the
language, area background regarding events,
knowledge about the custom and habits,
physical appearance, and must be an artist.

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FIGURE 4.7 POLICE OFFICERS PRETENDING TO


BE HIGH SCHOOL STUDENTS

Selecting Action Agents


1. Placement – location of prospective
agent with respect to the target
2. Access – it is the capability of a
prospective agent to obtain the desired
info for the intel organization or to
perform to intel collection mission in the
area.
i. Primary Access – it is the access to the
desired info
ii. Secondary Access – it is the access to
the desired info through a principal
source where the latter has the direct
access.
iii. Outside Access – the agent is employed
outside the target and merely monitors
info from a third person who is
monitoring info in the area.

Agent Control – control is the authority to


direct the agent to carryout task or
requirement on behalf of the clandestine
organization in an acceptable manner and
security.

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Two (2) Categories of Control


1. Positive Control – is characterized by
professionalism and rapport like agent
motivation, psychological control, etc.
2. Negative Control – characterized by
threat and it include the following:
a. Disciplinary Action – includes verbal
reprimand for poor performance or
insecure actions withholding certain
materials rewards, reduction of agents
salary or in extreme situation the threat of
terminating professional relationship.
b. Escrow Account – Control of an agent
by putting him salary in bank to be
withdrawn only after a fulfillment of a
condition.
c. Blackmail

Informants
a. Informant (discussed on page 9 of
Fundamentals of Criminal Investigation
Manuscript)

b. Recruitment of Informant
1. Selection – It is particularly desirable to be
able to identify and recruit an informant who
has access to many criminal in-group or
subversive organization. Wide access is
probably the single most important feature
in the consideration of recruiting the
potential informant.
2. Investigation – The investigation of the
potential informants that has tentatively

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identified as a “probable” must be as


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

Cryptography
 An art and science of making, devising and
protecting codes and ciphers.
 It is a science of preparing communication
intended to be intelligible only to the person
possessing the key or method of developing
the hidden meaning by crypto-analysis using
apparently incoherent text.
 It includes the use of concealed messages,
ciphers, and codes. Concealed messages, such

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as hose hidden in otherwise innocent text and


those written in invisible ink, depend for their
success on being unsuspected, once they are
discovered, they frequently offer little
difficulty to decipherment.

i. Codes and Ciphers


 Codes. Words and phrases are
represented by predetermined words,
numbers, or symbols, and are usually
impossible to read without the key code
book.
1. Cryptography - It is defined as an art and
science of codes and ciphers. This is done
through the use of “Speech Inverter”
whereby essential speech frequencies are
divide into several ranges by filters then
inverted to produce it scrambled speech
when intercepted.
2. Crypto Analyst - Refers to those persons
who break intercepted codes.
3. Cryptographer - It refers to a person who is
highly skilled in converting message from
clear to unintelligible forms by use of codes
and cipher.
4. Coding - It is the changing of message from
plain clear text to unintelligible form also
known as “Encrypting”.
5. Decoding - Transforming of coded message
into plain text also known as “Decrypting

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FIGURE 4.8 MORSE CODE

Ciphers. Methods of transposing the letters of


plain text (unencrypted) messages or to methods
involving the substitution of other letters or
symbols for the original letters of a message, and
to various combinations of such methods, all
according to prearranged systems.

Counter-Intelligence Security Measures and


Security Operations in Relation to Intelligence

a. Physical Security – the broadest type of


security that is concerned with the physical
measures designed to safeguard personnel
and prevent unauthorized access to
equipment, facilities, materials, documents
and to protect them from espionage,
sabotage, damage, or theft.

b. Document Security

Types of Classified Matters


1. Top Secret (Green) – They are
considered irreplaceable official matters.
The unauthorized disclosure of which

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would cause exceptionally grave damage


to the interest of an establishment since it
is important to its survival.
2. Secret (Red) – Contains operational
procedures and guidelines, wherein loss or
compromise would hamper operations but
can be readily restored.
3. Confidential Document (Blue) – The
loss or damage of which will pose a threat
to operations. The reproduction of said
documents will cause a delay and would
entail a considerable expense on the part
of the collecting agency.
4. Restricted (Black) – These refer to
duly processed intelligence reports not
made available for public consumption.

Handling Classified Security


Matters/Dissemination of Classified
Matters3
 The “Need to Know Principle”. Classified
matters should be passed only to whom it
is necessary for the fulfillment of their
duties.
 Every organization with such confidential
information should insure that only
authorized persons should decide and
determine the distribution of such
matters.
 Distribution of vital documents should be
recorded and tracked down.

3
Ibid.

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 Security matters are as a general rule not


reproduced unless instructions from
higher authorities would is issued.
 No classified information should be
discussed in public, over the telephone,
radio and other venue or channel
susceptible to being observed and
overheard by other persons or unsecured
locations.

c. Personnel Security – The sum total


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

Goals of Security for VIP4


1. To insure the safety of the VIP and the
personnel.
2. To prevent unauthorized access to
installations, equipment, documents and
materials.
3. To protect facilities and documents
from sabotage, espionage, damage, theft,
or robbery.
4. To avoid humiliation or internal
impediment and/or compromise.

Methods of Attack Against VIP


1. Physical assault; inflicting injury and
taking life.

4
Ibid.

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2. Insult which is intended to humiliate


and ridicule the VIP in the public eye by
hoax, shenanigans, malicious mischief and
the like.
3. Coercion usually undertaken by
blackmail in consideration of favor or
money. The reputation of the VIP will
potentially be destroyed or harmed upon
making public of shameful deeds
attributed to that of the VIP.
4. Assassination. Refers to murder by
sudden attack. It can be traced back as
early as the 11th century when a secret
society was established in Persia by
Hassen Sabbah to inflict acts of violence
directed against the crusaders from
Europe.

Theory of Concentrate Circle Type of


Defense
 It states that any potential attack will have
to penetrate layer after layer of defenders.
 The heaviest layer of defense is located at
the VIP area.
 In practice, three (3) rings are to be
established covering the VIP:
a. Outer Ring – includes personnel
posted at sidewalks, in front of
residence, office and covering all
entrances.
b. Middle Ring – includes the security
personnel deployed inside the residence,

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office, quarters, covering all stairway and


elevators.
c. Inner Ring – composed of personnel
posted immediately outside the VIP’s
door and the close-in security detail.
General Principle
1. It is the duty of all personnel
involved in the three (3) ring defense
to hold the position no matter what
happens outside his/her “ring.”
2. All personnel assigned must be
ready to place his own body to shield
the VIP by placing themselves
between the VIP and that of the
attacker.
3. All VIP security detail are
instructed to intercept and neutralize
possible threats to the VIP to prevent
an attack, or after an attack once the
VIP is out of harm’s way.
4. The primary duty is to attempt
to cover the VIP as closely as possible
so as to effectively shield the VIP by
placing themselves between the VIP
and the direction or source of threat
or danger.
5. The second duty is to remove
the VIP as quickly as possible from
the established attack or kill zone.

Components of Ideal Convoy for VIP Travel


1. Escort Vehicle. Usually positioned at
the front and back portion of the convoy.

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2. Counter Attack/Recon Vehicle. Always


fronting the principal vehicle to neutralize
possible threats.
3. Decoy Vehicles. Identical vehicle
tailing the back of the principal’s vehicle.
4. Principal Vehicle. The object of
protection where VIP may be located.
5. Shield Vehicle. A heavily armored
vehicle located at the side of the
principal’s vehicle.
General Principle
1. The driver of the principal has the
primary duty to escape the established
kill zone. He should not stop and
continue the movement of the vehicle.
2. In cases of blockades, the axis of the
vehicle blocking the road or path should
be targeted and slightly bumped at the
speed of 15 to 20 kilometers per hour.

NATIONAL SECURITY

Definition and Importance of National Security


 Traditionally, national security used to be
synonymous with the concept of national
defense, focused on military responses to
threats which are usually seen as arising from
territorial and political conflicts.
 In the 3rd world/developing states, national
security concerns include political and
territorial survival, preservation of economic
well-being and prosperity, organic survival of

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the national population and communal


harmony.

a. Elements of National Security5


1. Socio-Political Stability – It is to
achieve peace and harmony among all
Filipinos, regardless of creed, ethnic origin,
and social status.
2. Territorial Integrity – This means that
the territory of the country is intact and
under the effective control of the
government.
3. Economic Solidarity – It is to
collectively pursue and build the economy
to be strong, capable of supporting national
endeavors, and derives its strength from
the solidarity of our people who have an
organic stake in it through participation and
ownership.
4. Ecological Balance – The national
survival rests upon the effective
conservation of our natural environment in
the face of industrial and agricultural
expansion and population growth.
5. Cultural Cohesiveness – This element
implies that the Filipinos have shown their
collective sense of value to the principles of
freedom and human dignity of a person.
6. Moral-Spiritual Cohesiveness – The
Filipino people must be propelled by the
national vision inspired and manifested in
words and deeds, by patriotism, national
5
National Security Policy 2011-2016

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pride and the advancement of our national


goals and interests.
7. Peace and Harmony – The Philippines
as a democratic country is committed to
world peace and the preservation of world
order.

b. Threats to National Security


1. External Environment
i. Global and Regional Geopolitical Issues’
ii. Overlapping Territorial and Maritime
Claims and Other Regional Concerns
iii. Regional Military Build-up and Weapons
of Mass Destruction
2. Internal Environment
i. Internal Armed Conflicts, e.g. Communist
Insurgency, Secessionist Movement
ii. Terrorism
iii. Transnational Crimes
iv. Weak Institutions (Partisan Armed
Groups, Criminality, Graft and
Corruption, Poverty)

THE PROPAGANDA

Propaganda - is a form of communication that is


aimed towards influencing the attitude of the
community toward some cause or position by
presenting only one side of an argument.
Propaganda is usually repeated and dispersed
over a wide variety of media in order to create
the chosen result in audience attitudes.

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Kinds of Propaganda
1. White Propaganda – open undisguised in
nature
2. Grey Propaganda – the source is clearly
identified but the appeal is slanted to serve
a definite purpose,
3. Black Propaganda – source is unidentified

OTHER TERMS TO REMEMBER


Intelligence – is the product resulting from the
collection, evaluation, analysis, and
interpretation, integration of all available
information, which concerns one or more aspect
of various human activities which should be
known in advance in order to initiate a particular
course of action.

Overt Intelligence - gathering of info or


documents openly.

Covert Intelligence - secret procurement of


information or documents.

Police Intelligence – The end product resulting


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

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National Intelligence - integrated product of


intelligence developed by all government
departments concerning the broad aspect of
national policy and national Security.

Departmental Intelligence - The intelligence


required by department or agencies of the
government to execute its mission and discharge
its responsibilities.

Military Intelligence - refers to the knowledge by


the military institution essential in the
preparation and execution of military plans,
policies and programs.

Espionage – practice of spying

Sabotage - a willful and malicious destruction.

Saboteur – a person or group of persons


designed to carry out sabotage work.

Subversion – an organized and systematic


conspiracy to overthrow a duly constituted
authority or government.

Cover – it is the change, forging and screening of


person’s real personality, things, events and
places.

Deception – in general, to mislead another.


Infiltration or Penetration – penetration of agent
to an intelligence target.

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Agent – a person or group of person employed by


the organization whose objectives id to obtain
information or intel.

Strategic Intelligence – primarily long range in


nature in terms of planning or time table.

Line or Tactical Intelligence – knowledge which


contributes directly to the accomplishment of
specific objectives of immediate concern such as
raids, arrest, etc.

Procurement – in intelligence, an aggressive


effort to acquire certain specific information
which may not readily available.

Duress Code – a type of code system so that


security personnel when forced by an armed men
to enter into installation can give alarm by use of
certain words in casual observation.

Simple Recall/Definition of Terms


Refers to the stage in which the collected
information is subjected to review in order to
satisfy significant facts and derive conclusion
there from (Analysis).
The use of an equipment or tool to listen and
record discreetly conversations of other people
(Bugging).
Refers to the working protective detail that
provides close physical security to the principal
(Close-in security).

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Refers to any persons whom the subject picks


or deals with while he is under observation and
identifies the observer (Contact).
An accomplice or associate of the subject used
to avoid or elude surveillant (Convoy).
A cover supporting the surveillant who can
become a convoy whenever surveillant is burned
(Decoy).
Security of the place of rest or stop (Destination
security/advance party).
A convenient, secure and unsuspecting place
where police undercover men meet his action
agent for debriefing or reporting purposes
(Drop).
It is defined as the product resulting from the
collection, evaluation, analysis, integration, and
the interpretation of all available information
which concerns one or more aspects of area of
operation potentially significant to planning
(Intelligence).
Refers to a place where agents or informants
leave their messages to the other agents (Live
Drop).
When the surveillant does not know the
whereabouts of his subject or the subject had
eluded the surveillance (Lost).
When subject under surveillance becomes
aware that he is under observation and identifies
the observer (Made).
A term intended for or relating to people and
agencies deemed as secure recipients of
classified info, so that they can use the intel in
fulfilling their mission (Need-to-Know).

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The complete awareness by an individual of his


surroundings, achieved through maximum
employment of the senses and techniques of
factuality reporting one’s own observation of the
sensory experiences recounted by others
(Observation and Description (ODEX).
A working protective detail that involves the
placement of any of the following: security
personnel, alarms, barricades, other devices to
provide physical protection and surveillance and
intelligence (Perimeter security).
Refers to the person which is being protected
and secured (Principal).
An individual or a group assigned to protect a
principal (Protective security).
The reduction of information into writing or
some other form of graphical representation and
the arranging or this info into writing or some
form of graphical representation and the
arranging of this into groups of related items
(Recording).
Those assigned on the roads, boulevards, or
avenues where the VIP convoy will pass en route
to their destination (Route security).
Refers to a place, building, enclosed mobile, or
an apartment, where police undercover men
meet for debriefing or reporting purposes
(Safehouse).
Refers to the observation of places or areas
from a fixed point (Stakeout or Plant)
Refers to a person who conducts surveillance
which includes only observations (Surveillant).

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A type of harassment or intimidation by


unidentified individuals to VIP whom they
consider as burden to their ambition politically or
economically to gain power or influence (Threat).
Refers to a person trained to observe and
penetrate certain organization suspected of
illegal activities and later reports the observation
and information so that proper operational
action can be made (Undercover Man).
Refers to a method of collecting information
through interception of telephone conversation
(Wiretapping).

SPECIAL CRIME INVESTIGATION

Introduction
Special Crime Investigation deals with the study
of major crimes based on the application of
special investigative technique.
The study concentrates more on physical
evidence, its collection, handling, identification
and preservation in coordination with the crime
laboratory. Special Crime Investigation involves a
close relationship between the prober in the field
and the crime laboratory technician. They work
together as a team, reacting to and extending
one another’s theories and findings both working
patiently and thoroughly to solve a crime from
their investigative discoveries.
The present criminal justice system in our
country, the court relies more on physical
evidence rather than extra- judicial confession.

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Homicide Investigation
Homicide Investigation is the official inquiry
made by the police on the facts and
circumstances surrounding the death of a person
which is expected to be unlawful.

Primary Job of the Investigator


1. To discover whether an offense has been
committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was
committed
4. When it was committed
5. And under certain circumstances why it
was committed

Responsibilities of a Homicide Investigator


1. When called upon to investigate violent
death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the
investigator brings in the case marks the
difference between a murderer being convicted
and set free.
3. If he interprets a criminal death as
accidental or natural, a guilty person is set free.
4. Remember that the police is the first line
of defense in the effective application of
criminal justice.

Mistakes in the Homicide Investigation

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1. The mistakes of the homicide


investigator cannot be corrected.
2. The homicide investigator should not
cross the three bridges which he burns behind
him. It is important that competent personnel
adequately handle the case.
Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon are


to establish the following:
1. Corpus delicti or facts that crime was
committed
2. Method of operation of the suspect
3. Identity of the guilty party

CREMATION
Cremation is the pulverization of the body into
ashes by the application of heat
Sec. 1092, Revised Administrative code: The
body must be buried within forty-eight hours
after death.

EXHUMATION

The deceased buried may be raised or disinterred


upon the lawful order of the proper authorities.

AUTOPSY DEFINED
It is the process by which the pathologist or the
medico-legal officer conducts an examination

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on the cadaver to determine the exact cause of


death. •An autopsy should be performed at
once when there is the slightest reason to
suspect the probability of homicide.

FIGURE 2.1 AUTOPSY(female)

AUTOPSY DISTINGUISHED FROM POST MORTEM


EXAMINATION
Post Mortem examination is the cursory
examination of the dead body by the medico-
legal officer at the crime scene.
Autopsy is more detailed.

Autopsy or Necropsy report


•It is the medical document or report stating the
cause of death of the victim.

CAUSE OF DEATH
•This is a specific medical diagnosis denoting a
disease or injury
•E.g. Strangulation, gunshot wound

PROXIMATE CAUSE OF DEATH


•The initial injury that led to a sequence of
events, which caused the death of the victim

IMMEDIATE CAUSE OF DEATH

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The injury or disease that finally killed the


individual

Crimes Against Persons (Destruction of Life)


Art. 246. Parricide
Committed by any person who shall kill his
father, mother, or child, whether legitimate or
illegitimate, or any of his legitimiate ascendants
or descendants, or his spouse. Penalty:
Reclusion perpetua (20 yrs. And 1 day to 40 yrs)
to death.

Art. 247. Death or physical injuries inflicted


under exceptional circumstances
Committed by:
1. Any legally married person who, having
surprised his spouse in the act of
committing sexual intercourse with another
person, shall kill any of them or both of
them in the act or immediately thereafter,
or shall inflict upon them any serious
physical injury.
These rules shall be applicable, under the same
circumstances, to parents, with respect to their
daughters under 18 yrs old, and their seducer,
while daughters are living with their parents.
Any person who shall promote or facilitate
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the
other spouse shall not be entitled to the benefits
of this article.
If he shall inflict upon them physical injuries of
any kind, he shall be exempted from punishment.

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Penalty: Destierro (prohibition to enter the


place or places designated in the sentence, nor
within the radius therein specified, which shall be
not more than 250 and not less than 25
kilometers from the place designated.

ART. 248: Murder


ELEMENTS OF MURDER:
1. With treachery, taking advantage of
superior strength, with aid of armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity.
TREACHERY – plain and simple: Treachery
means that the offender party was not given
opportunity to make a defense.
 To establish treachery, the evidence must
show that the accused made some
preparation to kill the victim in such a manner
to insure the execution of the crime or make it
impossible or hard for the person attacked to
defend himself. But killing done at the spur of
the moment is not treacherous.
 Abuse of superior strength and nighttime are
absorbed in treachery.
 In treachery, what is decisive is that the
attacks was executed in such a manner as to
make it impossible for the victim to retaliate.
 The killing of the victim frontally does not
negate treachery when the victim was killed
after already being in a helpless condition.
 It may also be appreciated even if the attack
was frontal but no less unexpected and

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sudden, giving the victim no opportunity to


repel it or offer any defense of his person.
2. In consideration of a price, reward or
promise.
3. By means of Inundation, fire, poison,
explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles or with
the use of any other means involving great
waste and ruin.
4. On occasion of any of the calamities of an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation.
 Premeditation is the act of mediating in
advance; deliberation upon a contemplated
act; a design form to do something before it is
done.
 The essence of premeditation is that the
execution of the criminal act must be
preceded by COOL THOUGHT and REFLECTION
upon the resolution to carry out the criminal
intent during the space of time SUFFICIENT to
arrive at a calm judgment.
 There is no evident premeditation without
proof of planning.
 EVIDENT – Clear to the eye or judgment.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Penalty:
Reclusion perpetua (20 yrs. & 1 day to 40 yrs.)
to death.

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ART. 249: Homicide


Committed by any person who, not falling
within the provisions of Art. 246 (Parricide) shall
kill another without the attendance of any of the
circumstances enumerated in Art. 248 (Murder)
shall be deemed guilty of homicide. Penalty:
Reclusion temporal (12 yrs. & 1 day to 20 yrs.)

ART 255: Infanticide


Committed by any person who shall kill any
child less than three days of age (less than 72
hours).
Penalty: The penalty provided in parricide and
murder shall be imposed:
 If the crime penalized in this article be
committed by the mother of the child to
conceal dishonor, she shall suffer the
penalty of prision mayor (6 yrs & 1 day to
12 yrs). If committed by maternal
grandparents or either of them, the penalty
shall be reclusion temporal (12 yrs & 1 day
to 20 yrs).

HOMICIDE INVESTIGATION PROCEDURES


Criminal Investigation of homicide is a discovery
process. The investigator seeks to discover and
documents such facts as type of death, identity of
the deceased, cause of death and motivation and
identity of the perpetrator. In order to resolve
these fundamental questions, the investigation
will focus on the cadaver, crime scene and post
mortem examination.

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The cadaver is often of prime importance as an


investigative factor. The victim’s body can reveal
much through examination of wounds and other
types of tracing clues that may be present.

Responsibilities of a Homicide Investigator:


1. When called upon to investigate violent death,
he stands on the dead man’s shoes to produce
his instincts against those suspects.
2. The enthusiasm and intelligence the
investigator brings in the case marks the
difference between a murderer being convicted
and set free.
3. If he interprets a criminal death as accidental
or natural, a guilty person is set free.
4. Remember that the police is the first line of
defense in the effective application of criminal
justice.

The Four Types of Death are:


•Natural
•Accidental Noncriminal
•Suicide
•Homicide: Noncriminal or criminal

NATURAL CAUSES
Natural causes of death include heart attacks,
strokes, fatal diseases, pneumonia, sudden crib
deaths and old age.

ACCIDENTAL DEATHS
Among the causes of accidental death are falling;
drowning; unintentionally taking too many pills

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or ingesting a poisonous substance;


entanglement in industrial or farm machinery; or
involvement in an automobile, boat, train, bus or
plane crash.

FIGURE 2.1 ACCIDDENTAL DEATH


Suicide - The intentional taking of one’s own life.

Homicide- Occurs when one human being causes


the death of another human being
•Another term for the killing of one person by
another

The Definition of Death in the Medical Science


When any of the three vital body function is no
longer performing:
a. Respiratory
b. Cardiac activity
c. Central nervous system

THE THREE SIGNS OF PRESUMPTIVE DEATH


1. Cessation of breathing or respiratory
movement
2. Cessation of heart sounds
3. Loss of flushing on nail beds when pressure is
released

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SUSPENDED ANIMATION
It is the condition in which the cardiac activity,
breathing and functioning of the nervous system
may reach a low level of activity that a homicide
investigator may be deceived into an assumption
of death.

Establishing Death
The first essential step of the homicide
investigation is to establish that the victim is,
indeed, dead. Police officers do not have the
legal authority to pronounce death, only
physicians/ medical doctor can establish the fact
of death. For this reason, the police officer
should never assume death unless the condition
of the victim’s body demonstrates death in a
totally obvious manner.

Identifying the Cadaver


Establishing the identity of the victim is
important, it will provide tracing clues to the
motive and identity of the perpetrator, with the
identity known, the investigator can focus
attention on the victim’s background and
establish a possible motive through such
information. Victims encountered in indoor
scenes will normally have identifying data on the
body, or such data will be available throughout
the crime scene.
In outdoor scenes, such evidence is normally
not as readily available, since the victim is
removed from the personal environment and
also outdoor scene may not be discovered for

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long period of time; thus evidence may be


destroyed by elements of nature or will be lost.
If there are no identifying papers on the victim’s
person, fingerprint should be used as means of
identification. If fingerprint identification is
unsuccessful, the investigator must rely on other
methods to establish identity. Dental structures
are highly resistant to destruction, and are
frequently useful when the other portions of the
body are totally decomposed. (Forensic
Odontology).
The skeletal remains of the victim may also help
to determine identity, as well as yield other types
of information. If bone fractures are noted, they
may be used to identify the deceased, but if only
corresponding medical records can be located.
The widths of the pelvic bones are excellent
indicators of the victim’s sex. Determination of
the victims age maybe more difficult, in that the
victims past the age of eighteen years have
generally achieved their maximum skeletal
growth. However, general age determination can
be established via dental structure.

Law of Multiplicity of Evidence


The greater the number of points of similarities
and dissimilarities of two persons compared, the
greater is the probability for the conclusion to be
correct.

Determination of time of Death


A determination of the time of death should be
attempted in all homicide investigations. This

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fact is significant because of its investigative


importance in corroborating or disputing alibis, or
in establishing the victim’s movements prior to
death. Determining death is not an exact
science.

Post- Mortem Changes

Livor Mortis (Discoloration of the body; setting


of blood in the dependent regions following
death)
It is a reddish purple to purple coloration in
dependent areas of the body due to
accumulation of blood in the small vessels of the
dependent areas secondary to gravity. This
pooling of blood begins immediately after death
and becomes fixed in approximately 8-12 hours.
The investigator can press on the skin in the
dependent regions and if the skin blanches,
death has probably occurred less than 12 hours.
This becomes fixed after a while and can tell if
the body has been moved. This is not a reliable
indicator of time of death. This is a better
indicator of whether the body has been moved
since death.
The color of lividity may indicate the cause of
death:

Carbon monoxide poisoning/Cyanide - cherry


red to pinkish color
Asphxia- dark lividity
Phosphororus poisoning- dark brown

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TYPES OF LIVIDITY (Stages)


1. Hypostatic - Blood is still in fluid from inside
blood vessel; Change as position of the
body change. Blood remains fluid in the
blood vessel for 6- 8 hours.
2. Diffusion - Coagulated inside blood vessel;
Change in position will change its location.

FIGURE 2.3 LIVOR MORTIS

Rigor Mortis (Stiffening of the body)


Chemical reaction that causes rigidity in the
muscle groups or stiffening of the body after
death due to the disappearance of Adenosine
Triphosphate (ATP) from the muscle.
 Rigor mortis disappears with decompostion.
 Cold and/ or freezing will delay the onset of
rigor mortis as well as prolong its presence.
 Involves all muscles the same time at the
same rate. It appears first in the
smaller muscles such as the jaw and then
gradually spread to upper and lower
extremities.
 Instantaneous rigidity can also be found
following ingestion of cyanide and
strychnine poison.

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Algor mortis (Cooling of the body)


The body cools following death at
approximately 1.5 degrees F per hour, under
normal conditions and assuming the body’s
temperature at death is 98.6 degrees F (37
degrees C).
Factors affecting algor mortis
 illness
 clothes
 obesity
 room temperature

Examination of the cadaver at the crime scene


External post mortem appearances are very
informative. The areas of the body showing
lividity indicate the position after death. Wounds
and their appearance are particularly significant
as they often assist in reconstructing the
circumstances of a crime, the nature of the
murder weapon and the manner of its use.

Defense wounds - are the result of a person’s


instinctive reaction of self-protection. It may be
found on the hand in the effort of the victim to
grasp the wounding instrument or by raising the
hand to protect the vital parts of the body.
Absence of defense wound does not eliminate
the possibility that the victim made some form of
defense.

Other external violence Marks:

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a. Contusion- an injury in the substance of the


skin, discoloration of the surface due to
extravesation of blood. This is due to the
application of a blunt instrument.
b. Hematoma- this is the extravesation of
blood in the newly formed cavity.
c. Incised wound- produced by forcible
contact on the body by sharp edge instrument.
d. Stab wound- produced by the forcible
application and penetration of a sharp
instrument.
e. Punctured wound- penetration of a sharp
pointed weapon.
f. Lacerated wound- tearing of the skin due
to forcible contact of a blunt instrument.

Gunshot wounds
All gunshot wounds result from the entry of a
projectile into the body, and the frequent
presence of undispersed explosive gases. The
relative size and appearance of the wound will be
affected by the distance from which the weapon
was discharged. Generally, the closer the
discharged to the skin, the greater the damage.
This damage is due to explosive gases which
proceed the projectile at close range. In some
investigations involving firearms, a determination
of whether the death was a homicidal, suicide or
accidental is difficult. In making such
determination, the distance of the discharge is of
great importance. Majority of suicidal and
accidental gunshot cases, arm’s length discharges
are involved. Accordingly, if the would indicates

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discharge beyond the victim’s length, homicide is


indicated.
The location of the wound may also serve to
rule out suicide. If the wound is located in an
area of the body that is relatively inaccessible to
the victim, homicide is indicated. It is also
unusual for a suicide wound to be inflicted in an
area other than the head of chest; However,
there have been a number of suicide cases
involving wounds in extremities. The presence or
absence of a “suicide note” is a poor indicator of
suicide or homicide.

Two types of wounds:


1. Entrance wound (POE)
2. Exit wound (POX)

Determination whether the wound is suicidal,


homicidal or accidental.

FIGURE 2.4 ENTRANCE VS EXIT WOUND

Evidence to prove that gunshot wound is


suicidal:
1. The fire is usually contact or near contact,
as shown by the presence of burning,

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singeing and tattooing of the area around


the gunshot wound.
2. The presence of usually but one gunshot
wound. In most cases, after a shot,
especially at the head, the victim can no
longer voluntarily act to inflict another
shot.
3. Portions of the body involved are those
accessible to the hand of the victim utilized
in committing suicide, he will not think of
the difficult way of ending his life unless he
has the intention of deceiving the
investigators.
4. History of despondency, family problem
which may cause him to commit suicide.

Evidence to show that the wound is accidental:


1. Usually there is but one shot.
2. There is no special area of the body
involved
3. Testimony of the witnesses

Evidence to show that the wound is homicidal:


1. The site or sites of the wound of entrance
has no point of election.
2. The fire is made when the victim is usually
some distance away from the assailant
3. Signs of struggle/ defense wound maybe
present in the victim
4. There maybe disturbance of the
surrounding on the account of the previous
struggle.

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5. Wounding firearm is usually not found at


the scene of the crime
6. Testimony of the witnesses

SEX CRIMES

THE CATEGORIES OF PECULIAR WAYS OF SEX


OFFENDERS

FETISHISM
A form of sexual behavior in which gratification is
linked to an abnormal degree to a particular
object, activity, part of the body,

SYMBOLISM
• The representation of things by the use of
symbols especially in the art or literature such
as systems of symbols and symbolic meanings

RITUALISM
Sex offenders of this category use the same
approach or pretext all the time. This will help in
solving serial rapes by analyzing the peculiar
rituals used.

SEX FANTASY OR DREAM WORLD


The sex fantasy overcome the offender who puts
his dreams to reality to see if he will feel even
better and its importance to him.

VIRGINITY

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It is the condition of a woman where the hymen


or her vagina is still intact or unruptured.

R.A. 8353 (Anti- Rape Law of 1997)


KINDS OF RAPE
 Statutory Rape = sexual intercourse with a
woman less than 12 years old even with her
consent.
 Rape by sexual intercourse= committed against
the will of a woman 12 years and above.
 Rape by Sexual Assault = when penis is inserted
to the Mouth, Anus or When an object is
inserted to another’s vagina or anus against the
will of the latter.
 Marital Rape = when the husband had carnal
knowledge against the will of his wife.

EVIDENCE IN THE INVESTIGATION OF RAPE


A. Panty or other clothing of the victim
B. Physical examination of the victim to
determine signs of force such as injuries or the
presence of seminal fluids inside her organ.
C. Detached pubic hairs of the victim and suspect
D. Physical examination of the suspect and the
examination of his clothing
E. Relevant matters at the scene of the crime
F. Testimonies of witnesses if there is any.
G. Written complaint of the victim.

Chemical Examination
Florence test – determines the presence of
choline crystals. Positive result – dark brown

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rhombic or needle shape crystals of choline


periodide.
Acid Phosphatase test – based on the reaction of
acid solution and acid phosphatase, an enzyme
secreted by the prostrate gland into seminal
fluid. Positive result – purple color.
Barberio’s test – detects the presence of
spermine by the use of picric acid. Positive result
– slender yellow crystals of spermine picrate.
•Pubic Hair Male- 14 year’s old Female- 13 years
old
•Mustache and Beard 16 to 18 years old •Breast
13 to 14 years old
•Voices 16 to 18 years old
•Pubic hair (Gray) 30 years old
•Menstruation (Tropical) 12 years old

Robbery Investigation

Article 293 – Robbery in General


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 by 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,
intimidation of any person or force upon things
4. The taking is with intent to gain

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How robbery is committed?


 The malefactors shall enter the house or
building in which the robbery was committed.
by any of the following means:
1. Through an opening not intended for
entrance.
2. By breaking any wall, roof, floor or breaking
any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the
exercise of public authority.
5. By breaking of doors, wardrobes, closets or
any kind of locked or sealed furniture or
receptacle.
6. By taking such furniture or objects away to be
broken or forced open outside the place of
robbery.

General Types of Robbers


1. Amateurs- motivated by greed, the
desire for a thrill and self-testing.
2. Professionals- are those person who
worked as robbers as a trade making it their
living and having no other means of income.

Notes: Robbery - This is the taking or personal


property belonging to another, with intent to
gain, by means of violence against, or
intimidation of any person, or using force upon
anything.

Two kinds of Robbery:

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1. Robbery with violence or intimidation


upon person and
2. Robbery with force upon things
a. Belonging to another- Person from
whom property was taken need not be the
owner legal possession is sufficient. The
property must be personal property and cannot
refer to real property.
b. Name of the real owner is not
essential so long as the personal property taken
does not belong to the accused except if crime
is robbery with homicide.
c. Taking of personal property- must be
unlawful; if given in trust- estafa.
d. As to robbery with violence or
intimidation- from the moment the offender
gains possession of the thing even if offender
has had no opportunity to dispose of the same,
the unlawful taking is complete.
e. As to robbery with force upon things-
thing must be taken out of the building.
f. Intent to gain- presumed from
unlawful taking- intent to gain may be
presumed from the unlawful taking of another’s
property. However, when one takes a property
under the claim of ownership or title, the taking
is not considered to be with intent to gain. (U.S.
vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but
there is violence in the taking- grave coercion.
h. Violence or intimidation must be
against the person of the offended party, not
upon the thing.

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i.General rule: Violence or intimidation must be


present before the “taking” is complete.
Exception: When violence results in-
homicide, rape, intentional mutilation or any
of the serious physical injuries in par. 1 and 2
of ART. 263, the taking of property is robbery
complexed with any of this crime under ART.
294, even if taking is already complete when
violence was used by the offender.
j.Use of force upon thing- entrance to the
building by means described and ART. 299 and
302 (Offender must enter). The other kind of
robbery is one that is committed with the use of
force upon anything in order to take with intent
to gain, the personal property of another. The
use force here must refer to the force employed
upon things in order to gain entrance into a
building or a house. (People vs. Adorno, C.A. 40
0.G.567).
k. When both violence or intimidation
and force upon things concur-it is robbery with
violence.

Robbery and Theft, compared.


a. Both involved unlawful taking as an
elements;
b. Both involve personal property
belonging to another;
c. In both crimes, the taking is done with
intent to gain;
d. In robbery, the taking is done either
with the use of violence or intimidation of
person or the employment of force upon things;

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whereas in theft, the taking is done simply


without the knowledge and consent of the
owner.

Investigative Techniques in Robbery cases:


a. The investigator must initiate similar
preliminary steps upon reaching the crime
scene.
b. Determine the point of entrance and
point of exit by the perpetrator.
c. Determine the value of stolen articles
d. The full and detailed description of the
stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the
perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-
away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement
agencies.
i.Exploit investigative leads
j.Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene
of a crime which will serve to identify the
offender.
l.Develop informants in the local underworld
who are aware of the activity of robbery,
particularly the activity of the semi-skilled
amateur groups. (usually the addict-robber)

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m. Conduct a surveillance of likely fences


and uncover and trace back stolen property
from its receiver to the robber.
n. Conduct surveillance of known burglars
to ascertain if they are presently committing
robbery.
o. Accumulate information on various types
of robber, the known and newcomers, whether
they are in or out of prison, whether they are
active.
p. Be alert on a modified modus operandi
q. In cases homicide is committed, follow
the pattern of homicide investigation.

Physical Evidence to be collected:


1. Footprints
2. Fingerprints
a. Areas of break
b. Closets- prints may be found in
door and jambs
c. Door knobs
d. Dressers
e. Pieces of furniture
f.Bottles and glasses
g. Walls
h. Tools
i.Desks
3. Clothings- sometimes the robbers
exchange their own jackets with that one found.
4. If a window was broken in effecting
entry, glass particles maybe presents in the
trouser cuffs and pockets of suspect. Samples
of broken glass should be collected for possible

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future comparison in the event that a suspect is


picked up.
5. Paint- if a crowbar has been used to
force the window, paint may adhere to the tool.
Paint samples should be taken for future
comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the
crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

MODUS OPERANDI COMMONLY EMPLOYED BY


ROBBERS:
1. Gaining Entry – Entry to the building is usually
done at nighttime especially midnight. It may be
effected by forcibly opening the door thru false
key. Windows with grills may be opened at the
point of entry with the use of iron bar cutter.
2. Procedure inside the house – The robber
searches the closets and dressers for valuables
such as money and jewelry.
3. Leaving the Building – The robbers may just
open any available door and leave the place
together with the fruits of the crime.

Physical Evidence in Case of Robbery:


•Footprints
•Tire prints

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Moulage - a faithful reproduction of an


impression with the use of casting materials.
Casting material - any material which can be
changed from a plastic or liquid state to the solid
condition. For foot impression and tire
impression, Plaster of Paris is the best casting
material.

Physical Evidence in Case of Robbery:


Clothing – Sometimes the robbers exchange their
own jackets or shoes with those found inside the
victim’s residence or establishments.
Paint – If a crowbar has been used to force the
door or window paint may adhere to the tool.
Paint samples should be taken for future
comparison.
Tool Marks – In forcing open the door or window
with crowbar or any equipment used therein,
tool impression are left by the criminals.
Tools or instrument used – The tools used in
breaking and entry may be left behind.

THEFT
A. Pickpockets, simple snatching and other forms
are included in this classification.
B. Theft inside the house or a building where
entry is thru an open or closed door but
unlocked, this is theft.
C. Breaking the glass panes of a show window
and extending an arm to get the valuables
inside is theft as the force upon things is not
used as means of entry.

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CARNAPPING

CARNAPPING DEFINED
It is the unlawful taking, with intent to gain, a
motor vehicle belonging to another without the
latter consent or by means of violence against or
intimidation of person using force upon things

ELEMENTS OF CARNAPPING
• Unlawful taking
• Intent to gain
• Motor vehicle belonging to another
• Lack of owners consent
• By violence or intimidation against persons or
force upon things.

DEFINITION OF MOTOR VEHICLE


• Motor vehicle is any vehicle propelled by
means other than muscular power, using the
public highways, but excepting road rollers,
trolley cars, street sweepers, sphincters, lawn
mowers, bulldozers, graders, forklifts,
amphibian trucks and cranes, if not used on
public highways, also vehicles which run only on
rails or tracks, tractors, trailers and traction
engines of all kinds used exclusively for
agricultural purposes.

MACRO ETCHING VS. MICRO ETCHING


MACRO ETCHING It is the chemical process of
determining the authenticity of the engine and
chassis numbers of a motor vehicle which is a

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requirement before a clearance is used for


registration of newly transferred vehicle from the
dealers, owners or buyers.
MICRO ETCHING It is the chemical process of
restoring erased or tampered engine and chassis
numbers. The process is by continuous
application of strong acid on the suspected
tampered or erased numbers.

HOW TO DETECT STOLEN VEHICLES


• No License plate number
• Sporting improvised plates
• Sporting plates which are for specific vehicles
like yellow plate attached to private vehicle
• Abandoned vehicles
• Fake license plates or stickers
• No stickers for the current year
• Haphazardly painted
• Plates do not correspond to the year or model
of the vehicle

MODUS OPERANDI OF CARNAPPERS


A. Selection of car model which easily marketable
due to high demand.
B. Collusion of carnappers with sales agents of
car dealers who furnished a copied key and the
address of buyers.
C. Use of false key while parked unattended.
D. Carnappers sporting as police officers who will
check and confiscate purportedly carnapped
vehicle.
E. By the use of firearms to intimidate or exact
violence on the driver.

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Anti-Piracy and Anti-Highway Robbery Law of


1974 (P.D. 532)

Piracy - any attack upon or seizure of any vessel,


or taking away of the whole or part thereof or its
cargo, equipment or the personal belonging of its
complements or passengers, irrespective of value
thereof, by means of violence against or
intimidation of persons or force upon things,
committed by any persons, including a
passengers or member of the compliments of
said vessels in Philippine waters.

Highway Robbery/ Brigandage - The seizure of


any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence against
or intimidation of persons or force upon things of
other unlawful means committed by any person
or any Philippine highway.

ARSON INVESTIGATION

ELEMENTS OF ARSON
1. Actual burning took place
2. Done with malicious intent
3. The burning is done by a person who is
criminally and civilly liable

ARSON

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A. The mere discoloration or scorching of a


wooden wall by fire is consummated arson.
B. If the scorching is on the concrete wall where
there is remote possibility of the fire to spread,
it is attempted arson.
C. The act to set fire with the preparation of
inflammable material at the place to be burned
is attempted arson.

PRIMA FACIE EVIDENCE OF ARSON


1. If the fire started simultaneously in more than
one part of the building or establishments;
2. If substantial amounts of flammable
substances or materials are stored within the
building not necessary in the business of the
offender or for household use.
3. If after the fire, materials or substances soaked
in inflammable or any mechanical, electrical,
chemical or electronic contrivance designed to
start a fire, or ashes or traces of any of the
foregoing are found.
4. If the building or property is insured
substantially more than its actual value at the
time of the fire;
5. If during the lifetime of the corresponding fire
insurance policy, more than two fires had
occurred in the same or other premises owned
and under the control of the offender or
insured.
6. If shortly before the fire, a substantial portion
of the stocks insured and stored inside the
building were withdrawn not connected with
the ordinary course of business;

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7. 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.

SPECIAL AGGRAVATING CIRCUMSTANCE IN


ARSON
1. Committed with intent to gain
2. Committed for the benefits of others
3. Offender is motivated by spite, revenge or
hatred towards the owner or occupant of the
house;
4. Committed by syndicate

HOW TO LOCATE THE ORIGIN OF FIRE


A. By witnesses – the first who discovered the fire
B. Low Point of Burning- The lowest point of
burning should be given the outmost
consideration in locating the fire origin of the
fire.
C. Charring- the char will generally be deepest
from where the fire originated.

Alligatoring – fire burning for a longer period


indicated a char pattern that is deep and
pronounce.

Anti-Cattle Rustling Law of 1974 (P.D. 533)

Cattle Rustling- Is the taking away by any means,


methods or scheme, without the consent of the

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owner/raiser, or any of the above animals (cow,


carabao, horse, mule or other domesticated
member of the bovine family) whether or not for
profit or gain, or whether committed with or
without violence against or intimidation of any
person or force upon things. It includes the
killing of large cattle, or taking its meat or hide
without the consent of owner/raiser.

Anti-Fencing Law of 1979 (P.D. 1612)

Fencing - is the act of any person, who, with


intent to gain, for himself or for another shall
buy, possess, keep, acquire, concealed, sell or in
any other way, deal on any articles, items,
objects, or anything of value which he knows to
have been derived from the proceeds of crime or
robbery or theft.

Fence - include any person, firm, organization,


association or corporation or partnership and
other organization who/ which commits the act
of fencing.

Article 267 – Kidnapping and Serious Illegal


Detention:
Elements:
1. That the offender is a private individual
2. That the kidnaps or detains another, or
in any other manner deprives the latter of his
liberty.

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3. That the act of detention or kidnapping


must be illegal
4. That in the commission of the offense, any
of the following circumstances is present:
a. That the kidnapping of detention
lasts for more than 3 days.
b. That is committed simulating public
authority.
c. That any serious physical injuries
are inflicted upon person kidnapped or detained
of threats to kill him are made; or
d. That the persons kidnapped is a
minor, female, or a public officer.

Any private individual who shall kidnap or


detain another, or in any other manner deprives
him of his liberty.
The perpetrator shall suffer the penalty of
reclusion perpetua to death if:
1. The kidnapping or detention shall have
lasted for more than five days.
2. Committed by simulating public
authority.
3. Any serious physical injuries shall have
been inflicted upon the person kidnapped or
detained or if threat to kill shall have been
made.
4. The person kidnapped or detained shall
be a minor, female or public officer.
The penalty shall be death where the
kidnapping or detention was committed for the
purpose of extorting ransom from the victim or
any other person, even if none of the

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circumstances above mentioned were present in


the commission of the offense.

Important factors in Kidnapping Cases:


1. The safe return of the victim
2. Identification and apprehension of the
suspect

Initial Investigative Procedures:


1. Thorough interview of the victim if already
released.
2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the
photographic files
6. Coordination with other law enforcement
agencies

Kidnapping where ransom is involved:


When a complaint is received, the family of the
victim is requested to remain in touch to
accumulate information needed. The following
types of information must be taken:
1. How the demand was made.
2. Request the family to refrain from
divulging the contents of the letter, note or
call to anyone except to the police authorities.
3. Emphasize the importance of news
blackout as essential to the victim’s safety.
4. Obtain and preserve the ransom note for
laboratory examination.

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5. Determine if the family intends to pay


the ransom, investigators should avoid giving
the opinion as to ransom payments.
6. Find ways and means to verify if the
victim is still alive.
7. Conduct family background investigation.
8. Conduct covert investigation of
household helpers.
9. Arrange for wiretapping operations in
accordance with RA 4200.
10. Establish possible motives

Phase II: After the victim has been returned or


the body has been located.

After the victim has been returned dead or


alive, the investigation changes, an all out
investigation are conducted in accordance with
the second objective, to identify and apprehend
the suspects. Investigative procedures includes:
1. Thorough interview of the victim. All
details should be obtained.
2. Re interview all witnesses
3. Conduct surveillance
4. Determine whether the kidnapper is
familiar with the victims, residential area,
habits and financial status.
5. If the victim is dead follow the pattern of
homicide investigation

Pointers to be considered in Kidnapping Cases:

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1. Remember that kidnap for ransom gang


must be treated as witty, experienced and
dangerous armed criminals.
2. Any slightest mistake on the part of the
police would mean death of the victim.
3. Initiate secrecy discipline not only on the
victim’s family but also within the police.
4. Experienced, trusted personnel must be
utilized.
5. Equipped with sophisticated
communication system.

Problems in the Investigation of Kidnapping


Cases:
1. Out of fear, the family of the victim does
not want to cooperate with the police.
2. The case is only reported after payoff of
the ransom money or the victim had been
found dead.

SIMULATION ON
INTERROGATION AND
INTERVIEW

Special Crime Investigation

A special study of modern techniques in the


investigation of serious and specific crimes
including murder, homicide, rape, abortion,
robbery, arson, kidnapping, blackmail carnapping
and criminal negligence. Its emphasis is on
physical evidence rather than an extra judicial

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confession, and focuses on specific crimes which


by their nature are difficult and complex to
investigate.

Crimes Against Property- are crimes that are


directed to a person’s belongings, intellectual
properties and money. It includes many common
crimes relating to theft or destruction of
someone’s property. It is any action whether by
theft or destruction and without permission from
the rightful owner, to intentionally permanently
deprive, or risk depriving, an individual or
commercial entity from the physical or virtual
property.

Investigative Checklist for Robbery:

1. Find out as much as possible about the crime


before going to the scene and upon arrival.

2. Overview. Take your bearings at the crime


scene so that you get a rough picture of the area
and what has happened.

3. Start keeping an action log.

4. Cordon off the area or extend the existing


cordon if necessary. The perpetrator’s route to
and from the scene may need to be cordoned.
Off as well.

5. Make sure that a list is made of the people


who enter the crime scene.

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6. Pause for thought and start planning. This is


where the crime scene analysis starts.

7. Note down your observations continuously. It


is a good idea to use a tape recorder.

8. Take a general photograph of the crime scene.


Film the scene with a video camera.

9. Search for and collect evidence, objects and


reference samples etc., outdoors.

10. Take the photographs continuously.


Photograph all the evidence before it is
collected. If possible, engage a photographer for
specialized trace evidence photograph

11. If the robbery was video/filmed (CCTV), view


the video to see where evidence might be found.

12. Seize any video recordings and films in still


cameras.

13. Draw a sketch. Mark the places where trace


evidence and reference samples are collected.

14. Write a continuous seizure report

15. Find out whether the proceeds of the


robbery included bait money.

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16. Check the crime scene before you leave it.


Makes sure that you have not forgotten anything
important, such as interrogation reports,
memos, equipment etc.

Entry Route- After robbery, it is important to


investigate how the offender got in. it is
important to find the entry route, which is not
necessarily a door. Look at the building from the
outside and try to find traces of a break-in or
other damage to doors or windows. Check the
function of the lock and check whether there are
any pick marks.

Ask the Victim

Latent footwear prints

Collection of evidence

INTERROGATION
 Process of questioning by which police obtain
evidence.
 The purpose is to elicit from the suspect or from
his or her relatives or associates information
that they may be suppressing in order to
protect the suspect from being subjected to
criminal prosecution.

Three Objectives of Interrogation

1. Establish the innocence of a suspect by


clearing up facts that seem to point to guilt.

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2. Obtain from the suspect or relatives and


friends of the suspect:
a. the names of the accomplices
b. the facts and circumstances surrounding the
crime
c. follow-up leads provided unwittingly, or with
ulterior motive, such as faking an alibi
d. the location of the stolen goods
e. the location of physical evidence, such as
documents, a weapon, or a burglar’s tool.
3. Obtain from the suspect alone:
a. admission- refers to the express or implied
statements tending to support the suspect’s
involvement in the crime, but insufficient by
itself to prove guilt.
b. confession- it pertains to an oral or written
statement acknowledging guilt.

Investigative Interview

Interview- structured conversation where one


person or the “interviewer” seeks to gather
information from another of the “interviewee” as
part of any investigation or intelligence
operation.

Investigative Interviewing- a technique


developed by practitioner to respond to the large
body of scientific evidence that abusive and
coercive techniques elicit unreliable information.

Goals of Investigative Interview:

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1. Eliciting more accurate and reliable


information during interviews

2. Strengthening the capacity, efficiency, and


professionalism of interviewers.

3 Eliminating reliance on unlawful, ineffective,


and counter productive coercive questioning
techniques.

4 Providing successful, affordable, and accessible


methods and practices with minimal resources.

5 Delivering more effective information-gathering


operations.

6. Fostering greater public trust in and


cooperation with criminal justice institutions

7. Ensuring that no person is subjected to


coercion, torture or other forms of ill treatment.

8. Protecting the physical and mental integrity of


all persons who interact with public authorities.

INTERROGATION/INTERVIEW TECHNIQUE

Reid Method- also known as The Reid Technique


of Interviewing and Interrogation, is the
interrogation technique widely used by police
department. It involves three components:

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A. Factual Analysis- an inductive approach


where each suspect is evaluated with respect to
specific observation relating to the crime. It is
also intended to identify characteristics about
the suspect and the crime which will be helpful
during an interrogation of the suspect believed
to be guilty such as motive or the suspect’s
personality type.

B. Behavior Analysis Interview- it is non-


accusatory question and answer session,
involving both standard investigative questions
and structured behavior provoking questions to
elicit behavior symptoms of truth or deception
from the person being interviewed.

C. Interrogation (NINE Steps)

1. Direct, positive confrontation- this is where


the investigator tells the suspect that the
evidence demonstrates the person’s guilt.

2. Theme Development- this is where thee


investigator presents a moral justification
(theme) for the offense, such as placing the
moral blame on someone else or outside
circumstances.

3. Handling Denials- when the suspect asks for


permission to speak at this stage, likely to
deny the accusations, the investigator should
discourage allowing the suspect to do so.

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4. Overcoming Objections- When attempts at


denial do not succeed, a guilty suspect often
makes objections to support a claim of
innocence, phrases such as I would never do
that because I love my job are commonly used.

5. Procurement and Retention of Suspect’s


Attention – The investigator must procure the
suspect’s attention so that the suspect focuses
on the investigator’s theme rather than on
punishment.

6. Handling the Suspect’s Passive Mood- the


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

7. Presenting and Alternative Questions- the


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

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8. Having the Suspect’s Relate Details of the


Offense- after the suspect accepts one side of
the alternative thus admitting guilt, the
investigator should immediately respond with
a statement of reinforcement acknowledging
that admission.

9. Converting an Oral Confession to a Written


Confession- the investigator must convert the
oral confession into a written or recorded
confession.

PEACE Method

PEACE model (Planning and Preparation, Engage


and Explain, Account, Closure, Evaluation),
developed in the United Kingdom in response to
a number of documented forced confessions and
associated wrongful convictions in the 1980s and
90s.

Step 1: Planning and Preparation

Planning- the process of getting ready to


interview, both mentally and strategically.

Preparation-covers what needs to be ready prior


to the interview such as the location of the
interview, the environment, as well as technical
and administrative matters.

Essential Elements of Good Planning:

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 Obtain as much background information as


possible on the incident under investigation,
including all relevant information on the person
to be interviewed.

 Understand the purpose of the interview based


on an investigation plan recognizing all the
relevant and competing hypothesis to be
explored, including the possibility that the
suspect is innocent.

 Assess what additional information is needed


and how it can be best obtained

 Follow the legislation and associated guidelines


and rules

 Prepare the technicalities of the interview


( attending to exhibits, logistics, venue,
equipment functioning, seating, lawyer,
interpreter, and so on)

Step 2: Engage and Explain

Engaging the interviewee and establishing


rapport is the first step to encouraging a
conversation. It is the most influential factor in
ensuring productive interviews

In engaging with the interviewee the officer


should seek the following:
1. Create an empathic and respectful relationship
from the outset.

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2. Explain the reasons, background, rights,


formalities and procedures for the interview,
including information about audio/video
recording.
3. Establish certain ground rules by telling
interviewees:
 That what they have to say is important so
they need to report everything they can and
try their hardest not to leave anything out.
 Not to edit as they go even if they believe
some information has no relevance to the
matter being investigated.
 That they need to concentrate because
striving to retrieve memories can be hard
work.
 That they should feel to speak up if the
officer: asks a question they do not
understand ; asks a question they do not
know the answer to; misunderstands what
the interviewee has said; asks a leading or
inappropriate question.

Step 3: Account
Interviewers should allow the interviewee to
present their uninterrupted free account of the
case or event under investigation.

Three main steps in getting the free account from


the interviewee:
1. Introduce and explain the form and purpose of
the free and uninterrupted account.
2. Hand over the initiative (give the floor) to the
victim, witness or suspect (as applicable)

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3. Employ active listening while the interviewees


presents the free an uninterrupted account.

Active Listening- assists the interviewer to


establish rapport and help elicit a full and
accurate account.
Use TED’S PIE APPROACH:
 Tell me
 Explain
 Describe
 Show me, precisely, in detail, exactly

Types of Questioning:

Open-ended questions- refers to the questions


that allow the suspect to reply with longer, more
detailed responses and lack direction from the
interviewer. These can be questions such as;
“What happened?” or questions that begin by
asking the suspect to “tell”, “explain” or
“describe” some event or situation.

Closed Questions- refers to the questions that


require more definite and distinct answers.
Example include, “What time was that?” “What
is his address ?” Such questions allow more
control over what the suspect says and are useful
where the suspect has left out information that
you need. However, they can limit the account
given.

Forced-choice questions- refers to the questions


that greatly restrict the possible answers to those

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that you have determined. The question may be “


Was it a rifle or a handgun?”

Multiple Questions- refers to the questioning


where the interviewer asks more than one
questions at the same time. This can easily
confuse an interviewee and make the answers
given equally confusing to the interviewer.

Leading Questions- refers to the questions that


induce a particular reply and may be judge to
have manipulated the interviewee. An example
would be ask, “You wanted to injure him, didn’t
you? They can lead the suspect to the point
where they agree with what is being said even
where they are uncertain or have no clear
memory.

Step 4: Closure- as the interview comes to an


end, the interviewing officer should explain what
will happen next by giving the interviewee
appropriate information about the next stages of
the process: for example, inform suspects of
potential pre-trial detention, tell witnesses
whether or not they should expect to attend
court. Finally, the interviewee should be asked if
they have any questions for the interviewing
officer at this stage. This has little or no real
effect if the communication has been coercive .
however, if the interviewee has been conducted
as outlined above, this question may add to the
interviewee’s perception of having been treated
fairly.

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Goal of Closure:
1. Ensure there is a mutual understanding of the
interviewee’s account by reviewing and
summarizing it.
2. Secure that all aspects have been sufficiently
covered by checking that interviewees have
given all the information they are able and
willing to provide.
3. secure the integrity and dignity of the
interview, the legitimacy of any subsequent
criminal proceedings, and keep channels open
for future communication

Step 5: Evaluation- this is the phase wherein the


interviewer evaluates the entire process of the
interview and determines if his objectives were
met.

Mendez Method- also known as the new


Principles on Effective Interviewing for
Investigations and Information Gathering. It was
named after Juan Mendez, the Argentine Lawyer,
torture survivor and former UN Special
Rapporteur.

Three Parts of Mendez Method:


1. Before the Interview-Ensuring a Non-Coercive
Environment

Creating a non-coercive environment involves the


respect and fulfillment of human rights from the

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first moment of contact between the interviewee


and authorities.
 Keeping the interviewee informed
 Notification of family or third-party
 Access to a lawyer
 Access to Medical Examination and Health
Care
 Preparations for Interviewer

2. During the Interview- Establishing and


maintaining Rapport
 Information gathering techniques- active
listening helps the interviewer process the
information provided by the interviewee.
 Encountering reluctance- Interviewers may
encounter interviewees who are reluctant to
talk and therefore should anticipate how they
will handle such situations.
 Suspending the Interview- it is appropriate and
permissible for interviewers to suspend the
interview in order to follow-up on information
received or conduct additional enquiries.
Other reasons to suspend an interview are:
 If the interviewee requires medical
attention,
 If a person originally interviewed as a
witness becomes a suspect in the course of
an interview
 If the lawyer or the interviewee may
request a break, for instance in order to rest
or to consult in private.

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A refusal to accept such a request by the


interviewer may affect the reliability of
information gathered from the interview.

3. After the Interview-Assessment and Analysis-


an effective interviewer should always end the
interview respectfully and on professional note.
The interviewer should assess and analyze the
following:
 The value and reliability of the information
obtained and how it fits with known evidence,
information gaps and other intelligence
gathered.
 What further enquiries are necessary in order
to advance the investigation or operation; and
 Whether all relevant safeguards were applied
effectively.

Kinesic Interview Method –involves analyzing a


person’s behavior to assess deception.

Practical Kinesic Analysis Phase

1. Verbal Cues- this involves the identification of


symptoms of speech quality and content which
give the interviewer the most productive body of
data necessary to determine truth and deception.

2. Practical Kinesic Statement Analysis-


Assessment of truth and deception through the
use of verbal cues coupled with methods of
human recall and symptoms made self-evident in
the statement taking process.

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3. Body Language Cues-refers to the observable


body language cues of deception that are
unbalanced or inconsistent in relation to the
speech cues or emotional symptoms generated
by the subject at the same time.

4. Kinesic Subject Control- It refers to the various


techniques available to the interviewer to take
control and command of the interview
environment.

5. Confession Behavior- it is the verbal and


nonverbal acceptance cues generated by a
subject who is prepared to give and admission.

GUIDELINES ON CUSTODIAL INVESTIGATION:

1) The arresting officer, or the investigator, as the


case may be, shall ensure that a person arrested,
detained or under custodial investigation shall, at
all times, be assisted by counsel, preferably of his
own choice;

2) The arresting officer, or the investigator, as the


case may be, must inform the person arrested,
detained or under custodial investigation of the
following rights under RA 7438 and RA 9745 in a
language or dialect known to and understood by
him/her, that:
a) He/she has the right to remain silent. If
he/she waives his/her right to remain silent,

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anything he/she says can be used in evidence


against him/her in court;

b) He/she has the right to counsel of his/her


own choice. If he/she cannot afford one,
he/she shall be provided with an independent
and competent counsel;

c) He/she has the right to demand physical


examination by an independent and competent
doctor of his/her own choice, before and after
interview/questioning. If the person arrested is
a female, she shall be attended to preferably by
a female doctor. If he/she cannot afford one,
he/she shall be provided with a competent and
independent doctor to conduct physical
examination;

d) The State shall endeavour to provide


him/her with psychological evaluation if
available under the circumstances (RA 9745
sec. 12).

e) He/she, including his/her immediate family,


have the right to immediate access to proper
and adequate medical treatment; and
f) He/she has the right to be informed of such
rights.

3) If the person arrested, detained, or under


custodial investigation opted to give a sworn
statement the arresting officer, or the

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investigator, as the case may be, must reduce it


in writing and in the presence of his/her counsel.

4) The arresting officer must ensure that, before


the sworn statement is signed, or thumb marked,
if there is inability to read and to write, the
document shall be read and adequately
explained to the person arrested, detained or
under custodial investigation by his/ her counsel
of choice, or by the assisting counsel provided to
him/ her, in the language or dialect known to
him/her;

5) The arresting officer, or the investigator, as the


case may be, must ensure that any extrajudicial
confession made by a person arrested, detained
or under custodial investigation shall be:
a) In writing;
b) Signed by such person in the presence of
his/her counsel; or
c) In the latter’s absence, upon a valid waiver,
and in the presence of any of the parents, elder
brothers and sisters, his/her spouse, the
municipal mayor, the municipal judge, district
school supervisor, priest, imam or religious
minister chosen by him/her.

Failure of the arresting officer, or the


investigator, to observe the above-mentioned
procedures shall render the extrajudicial
confession inadmissible as evidence in any
proceeding; and

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6) The arresting officer, or the investigator, as the


case may be, must, under established
regulations, allow the person arrested, detained,
or under custodial investigation visits by or
conferences with any member of his/her
immediate family, any medical doctor, priest,
imam or religious minister chosen by him/her or
by any member of his/her immediate family or by
his/her counsel, or by any local NGO duly
accredited by the Commission on Human Rights
(CHR) or by any international NGO duly
accredited by the Office of the President. His/her
“immediate family” shall include his/her spouse,
parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece,
guardian or ward, and fiancé or fiancée (RA 7438
sec. 2 f) ;

Judicial Affidavit Rule (A.M. No. 12-8-8-SC) This


Rule shall apply to all actions, proceedings, and
incidents requiring the reception of evidence
before the court in place of the direct testimonies
of witnesses in order to reduce the time needed
for completing their testimonies.

a. Application of Rule to Criminal Actions


This rule shall apply to all criminal actions
where the maximum imposable penalty does not
exceed six years.

b. Contents of Judicial Affidavit


A Judicial Affidavit shall be prepared in the
language known to the witness and, if not in

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English or Filipino, accompanied by a translation


in English or Filipino, and shall contain the
necessary data/information.

1) The name, age, residence or business


address, and occupation of the witness;

2) The name and address of the lawyer who


conducts or supervises the examination of the
witness and the place where the examination is
being held;

3) A statement that the witness is answering the


questions asked of him/her, fully conscious that
he/she does so under oath, and that he/she
may face criminal liability for false testimony or
perjury;

4) Questions asked of the witness and his/her


corresponding answers, consecutively
numbered, that:
a) Show the circumstances under which the
witness acquired the facts upon which he/she
testifies;
b) Elicit from him/her those facts which are
relevant to the issues that the case presents;
and
c) Identify the attached documentary and
object evidence and establish their
authenticity in accordance with the Rules of
Court;
5) The signature of the witness over his/her
printed name; and

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6) A jurat or a proof that an oath was taken


before an Administering officer or a notary
public.

c. Sworn Attestation of the Lawyer


The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer
who conducted or supervised the examination of
the witness, to the effect that:
1) He/she faithfully recorded or caused to be
recorded the questions he/she asked and the
corresponding answers that the witness gave;
and

2) Neither he/she nor any other person then


present or assisting him/ her coached the
witness regarding the latter’s answers.

VICE AND DRUG


EDUCATION AND CONTROL

Study of Vices and its Control

Concept of Vices
Vice - is any immoral conduct or habit, the
indulgence of which leads to depravity,
wickedness and corruption of the minds and
body.

THE DIFFERENT FORMS OF VICES


a. Alcoholism

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b. Drug Addiction
c. Prostitution
d. Gambling

IMPORTANCE OF THE STUDY OF VICES


a. The study of vices important because these
crimes are ever present and persistent in all
forms of society.
b. It is important because vices affect the daily
lives of more people than any other crime
whether they are victim or offender.
c. It is important because its evil effects are
more disastrous morally any physically than any
other crimes.
d. It is important because organized and
commercialized vices disrupt the social make-up
of the community.
e. It is important because the existence of
vices in the community causes serious problem
in law-enforcement.
f. It is important because the younger
members of the society are greatly affected by
vice problems and its control prevents the
growth of prospective criminals.

THE EXISTENCE OF VICES IN THE SOCIETY


The existence of vices in the society has been
since time immemorial. It dates back from the
early days of civilization and continued to exist
through the middleages and up to the present.
Despite restrictions and prohibitions imposed by
the leaders of the changing generation, vice has
existed.

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In every community in the world, big or small,


there exists some form of vice which victimize
the people. In the Philippines, vice exist in urban
(cities) as well as in rural (provinces)
communities. It is greater in the cities than in the
towns.

THE SOCIAL PROBLEMS OF VICE


Vice present varied social problems affecting
morality, health, economy, criminality and
efficiency of the government. Drug addiction
affects the health and morality of the youth while
gambling and prostitution hampers the efficiency
of the government with bribery doled out by
maintainers as an instrument of corruption of
government officials. Alcoholism breaks down
the moral fiber of the society.
As a social problem therefore, vice control must
be a coordinated effort of the following:
a. The home, school, and the church must
campaign for the eradication of vices in the
society.
b. The government and the police as an
agency of control must embarked on a
repressive measure against vice maintainers.
c. The people must endeavor to achieve
moral education and economic upliftment
through their voluntary participation.

REASONS WHY THE POLICE MUST BE


INTERESTED IN VICE PROBLEMS
a. It is a fact that vices cannot be totally
eliminated but only at most controlled or

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regulated. Vices cater to the emotional lives of


men. Its course, like the flow of water in a river
cannot be stopped. It can only regulated;
therefore, continued police action of sincere
and honest law enforcement officers can only
control the existence of vices.
b. Vices are connected with other forms of
criminal activities. Criminals are important
customers of vice dens. It is the best place for
hiding from policemen, disposing off their loot
(stolen properties), relief and recreation and
planning future crimes.
c. Vice dens are often time the scene of
frequent fights that disturbs the peace of the
Community.

POLICE PROBLEMS IN VICE CONTROL


1. Clandestine nature of the commission of
the acts.
2. Lack of cooperation from players,
customers, and victims of vices,
3. Enjoyment of goodwill by vice operators
4. Public apathy and indifference
5. Unwilling government officials to work
against vice existence

Clandestine nature of the commission of the


acts –
 Vice acts are always committed secretly and
behind closed doors.
 Organized prostitution are normally operated
in big hotels and rented houses.

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 Gambling is done inside clubhouses while drug


dens are located in small hidden rooms. In all
cases, the place is guarded with look-outs or
hired guards. The operators oftentimes
employ gangsters for their protection.

Lack of cooperation from players, customers,


and victims of vices –
The lack of cooperation among persons who
could help the police in prosecuting vice
operators is a severe handicap in enforcing vice
laws. These gambling players, customers of
prostitutes and victims of drug addiction or other
vices who may be utilized as witnesses of the
police but refused to cooperate with law enforcer
for fear of becoming involved in criminal charges
or they have been given special favors and
concessions by the vice operators whom they
cooperate and support instead of the police.

Enjoyment of Goodwill by Vice Operators –


Vice operators enjoy goodwill either from the
politicians who operates the government or
influential businessmen who has indiscreet
participation in vice profits. This goodwill was
earned as a result of the past favors extended by
the vice operators to the politicians during the
election campaign or help to put up a business
for the influential businessmen. This is an
expression of Filipino “utang-na-loob”
sentiments.

Public Apathy and Indifference –

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Police control of vice is made difficult by the


difference of opinion of the public as to the
nature of regulations to be imposed. Some do
not show interest in the prosecution of vices.
Others believed that vices is a necessary evil and
as long as vice does not affect him, he is not
interested whether the same is controlled or not.
Only citizens who have no monetary interest in
vice and who are civic spirited are usually in favor
of full control of vices.

Unwilling Government Officials to Worked


Against Vice Existence –
Corruption makes government officials
unwilling to work against the existence of vices.
Operators of vice dens sometimes control the
local politicians of a city or town. This is done by
giving “kick-back” money to them or their wives
or shares with them the large profit they
received. Gifts of great value are sometime the
vehicles of corruption.

ORGANIZED AND COMMERCIALIZED VICES


Commercialized vices are organized vice
operations partaking the return of a legitimate
business enterprise. Sometimes they branches
out to legal undertaking or businesses as a front
or cover-up to their illegal activities. They have
complete personal for purposes of management
supervisions, operation and even attending to
their miscellaneous activities under the payroll of
the organization. They have managers for
administration various employees for routine

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duties, security guards (bouncers) for their


continued protection, look-outs and informers to
prevent police raids and arrests and even
practicing lawyers for legal services in case of
arrest. The headman or the operator normally is
unidentified. Their businesses are interwooven
with each other ranging from prostitution, drug
traffic, gambling and sale of liquors to alcoholics
catering to various farms of customers mostly
criminals, pleasure seekers, addict, gamblers and
alcoholics. Oftentimes their operation is known
to some government officials and becomes the
greatest headache of law enforcers.

LEGAL ASPECTS AND THE PROBLEM OF


ALCOHOLISM

A. DEFINITION OF TERMS
1. Alcoholism – is the state or condition of a
person produced by drinking intoxicating liquors
excessively and with habitual frequency. (State
vs. Savage, 89 Ala. 17 LBA 426, 7 South, Rep.
183). It is a condition wherein a person is under
the influence or intoxicated with alcohol. His
physical condition and behavior has been
modified to a certain extent by the effects of
alcohol.
2. Alcoholic Liquor – is any beverages or
compound, whether distilled, fermented, or
otherwise, which will produce intoxication or
which contains in excess of one percentum of
alcohol and is used as a beverage. (State vs.
Oliver, 133 S.C. 125, 130 S.S. Rep. 213).

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FIGURE 3.1 GIN


3. Drunkard – is a person who habitually takes
or use any intoxicating alcoholic liquor and
while under the influence of such, or in
consequence of the effect thereof, is either
dangerous to himself or to others, or is a cause
of harm or serious annoyance to his family or
his affair, or of ordinary proper conduct. He has
lesser resistance to the effect of alcohol.
4. Chronic Alcoholics – person who, from the
prolonged and excessive use alcoholic
beverages, finally develops physical and psycho-
changes and dependence to alcohol. The
person consciously or unconsciously begins to
demand on alcohol’s narcotic effects for a “pick-
up”, to sleep at night, to feel “good”, to cope
with business or domestic problems, to enjoy
social gatherings, to get away from oneself, to
repress inner urges or rebellion or resentment,
and to relieve distressing restlessness.

NOTE: This person develops physical and moral


deterioration, difficulties with the law, loss of
his job and family problems.

B. HISTORICAL USE OF ALCOHOL

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The drinking of alcohol stimulants goes back to


time immemorial. The commercial use of wine
is at least as early as the Code of Hummarabi of
Babylonia (2380 BS). In the Philippines, the use
of alcohol dates back even before the discovery
of the island but no established facts could
show the actual use of the same started.

C. THE CAUSES OF ALCOHOLISM


1. People drink alcohol beverages habitually as
a food with their meals because they think
liquor increases their appetite and make the
food taste better.
2. Some believes that drinking liquor gives
them a lift because of soothing effect of alcohol.
3. Many believed that alcohol makes them
feel sociable because it lowers their inhibitions
allowing them to make unrestrained
conversation.
4. The unnecessary prescription of alcoholic
beverages as drug due to its depressant effects
such as retardation of assimilation, reduction of
circulation and decrease of respiration.
5. Alcohol provides an escape from the
unpleasant realities of life.
6. By drinking, one deadens the pain of
failures, anxieties, inferiorities, frustration and
bolsters the battered ego.
7. In our complex society, the use of alcohol, is
widely accepted as a glamorizing symbol of
success and superiority.
8. Sociologists find the causes of drinking in
culture group relationships and social

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processes. They are used for pleasurable


purposes.
9. Psychiatrists explained that alcoholism is a
release of repressed homosexuality
(biniboy).This accounts for some drinking done
by men with other men or by whom with other
women.
10. And finally, physiologists say that
alcoholism results from the excess or deficiency
of certain endocrine secretions in the body.

D. DRUNKENNESS AS A CRIME
Most nations in the world have laws making
drunkenness a criminal offense. In the
Philippines, drunkenness in itself is not a crime
because a person may drink to excess in the
privacy of his home or in the gaiety of a party
and commit no crime at all. It is only when the
drunken person exhibits his condition publicly,
or disturbs, endangers, or injured others that he
becomes an offender and therefore, subject to
arrest and punishment. Drunkenness, however,
are considered misdemeanor punishable by
existing ordinances of certain cities, towns and
municipalities. In the City of Manila, the use of
alcohol and other alcoholic beverages are
regulated by ordinances as to TIME, PLACE, AND
PERSON.

Regulations on Liquor as to Time


1. Section 679-d, Revised Ordinances of the
City of Manila provides that the selling , giving
away, or otherwise, disposal of any beverages

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or intoxicating liquors shall be prohibited during


the hours of 2:00 to 5:00 o’clock in the morning
everyday including Sundays and Holidays by
bars, saloon, restaurants, and other drinking
places, except when the selling, giving away, or
otherwise disposal is done on a private
dwelling.
2. Section 52, Republic Act No. 180 (Revised
Election Code, as amended) Par. (2) provides
“that it is unlawful to sell, furnished, offer, or
take intoxicating liquors on any registration
days and on the two days immediately
preceding the day of the voting and during the
voting and canvas”.

Regulations on Liquor as to Place


1. Section 1, Ordinance 4153 of the City of
Manila provides that “the serving of beer, liquor
or alcoholic beverages of any kind to public by
sari-sari stores or similar establishments is
prohibited”.
2. Section 2, (same Ordinances) provides that
“the drinking of beer, liquor, or alcoholic
beverages of any kind in sari-sari stores or
similar establishments not licenses as
restaurant, panciteria, carinderia, hotel or bar,
as well as in the street, by the sidewalk, in an
alley, whether public or private, and in any park,
or plazas is hereby prohibited”.
3. Section 679, par. (g), Revised Ordinances
(City of Manila) provides that “no license shall
be granted for the sale of intoxicating liquors in
public markets, kiosks, booths, or stand situated

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in the public streets, or plazas, or to street


vendors or peddlers, or in any case, to an
establishment located within a radius of 200
meters from any institution of learning”.
NOTE: The ordinance apply only to those
establishment to be opened in the future but
not to those already existing before.

Regulations on Liquor as to Persons


1. Section 821, Revised Ordinances, as
amended by Ordinance No. 5052 (City of
Manila) provides that “no person shall be drunk
or intoxicated, or behave in a drunken,
boisterious, rude, or indecent manner in any
public place, or place, or place open to public
view, or be drunk or intoxicated, or behave in a
drunken, boisterious, rude or indecent manner
in any place or premises to the annoyance of
another person”.
2. Par. 4, Article 155, Revised Penal Code
provides that “it shall be unlawful for any
person who, while intoxicated xxxxxx cause any
disturbance or scandal in public places …. Xxx”.
3. Par. (a), Section 838, Revised Ordinances
(City of Manila) provides that “the sale, giving
away, or otherwise disposing of any intoxicating
liquors to any minor under eighteen (18) years
of age or any person in an intoxicated condition
is prohibited xxxxx except when the minor buys
the liquor for some other person and not for
their own use”.
4. Par. (c), provides that “it shall be unlawful
for any person under twenty one (21) years of

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age to drink alcoholic beverages and


intoxicating liquors in any saloon, bar, inn,
restaurant, café, or drinking places or any public
places”.

E. THE LEGAL CONCEPT OF INTOXICATION


AND CRIMINAL LIABILITY
The Revised Penal Code of the Philippine
(Art. 15) provides that intoxication is an
alternative circumstance whenever present in the
commission of crimes. An alternative
circumstance is one which must be taken into
consideration as either MITIGATING (Art. 13,
RPC) or AGGRAVATING (Art. 14, RPC) according
to the nature and effects of the crime and their
other conditions attending its commission.
In order that intoxication maybe considered as
a mitigating circumstance, two elements are
necessary to be present:
a. First, that intoxication not be habitual, that is,
that the person who commits the offense in an
intoxicated condition has become drunk by
accident and not be habit or custom. In the
absence of proof to the contrary, drunkenness
will be presumed not to be habitual.
b. Second, that the intoxication be not planted
before the commission of crime, because if the
perpetrator deliberately seeks in alcohol the
necessary courage to execute the crime, or a
means with which to suffocate any remorse, or
as a mitigation for his offense, then his
intoxication would constitute a premeditation

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and cannot afford him any excuse; instead it


should aggravate his criminal liability.
Intoxication is aggravating when it is habitual or
intentional and subsequent to the plan to
commit a crime. But under our legal concept,
intoxication is no defense in the commission of
a crime.

THE AMOUNT OF ALCOHOL NEEDED TO


CONSIDER INTOXICATION A MITIGATING
CIRCUMSTANCE –
The Revised Penal Code does not expressly
provide the degree of intoxication needed to
mitigate an offense but obviously, it is that
amount of alcohol sufficient to produce such an
effect that must diminish the person’s capacity to
know the injustice of his acts and his will to act
accordingly. NOTE: The intoxication must
operate to weaken the will of the person and to
enable him to commit crime more easily.

F. ALCOHOLISM AS A POLICE PROBLEM


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

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4. Alcoholism is always connected with other


forms of vices, the alcoholics being hooked to
drug addiction by way of association with
others.
5. Drunkenness works injurious to the health
and morality of the people forcing the alcoholics
to depravity and to commit crimes, such as the
chronic alcoholics.

G. KINDS OF INTOXICATION
1. Involuntary – when a drunken person
does not know the intoxicating strength of
beverage he has taken.
2. Intentional – when a person deliberately
drinks liquor fully knowing its effects, either to
obtain mitigation or to find the liquor as
stimulant to commit crime.
3. Habitual – when the person finds that
drinking his a constant necessary and the vice
ultimately takes hold of him.

H. VARIOUS DEGREE OF INTOXICATION


1. Slight Inebriation – there is reddening of
the face. There is no sign of mental
impairment, in coordination and difficulty of
speech.
2. Moderate Inebriation – the person is
argumentative and overconfident. There is
slight impairment of mental difficulties,
difficulty of articulation, loss of coordination of
finer movements. The face is flushed with
digested eyeball. He is reckless and shows
motor in coordination. The person maybe

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certified by the doctor as being under the


influence of liquor.
3. Drunk – the mind is confused, behavior is
irregular and the movement is uncontrolled.
The speech us thick and in coordinated. The
behavior is uncontrollable.
4. Very drunk – the mind is confused and
disoriented. There is difficulty in speech and
marked motor incoordination and often walking
is impossible.
5. Coma – the subject is stuperous or in
comatous condition. Sometimes it is difficult to
differentiate this condition with other
conditions having coma.

I.BRIEF EXPLANATION HOW A PERSON GETS


DRUNK
Alcohol has its maximum period of absorption
from 30 to 60 minutes after ingestion and it is
absorbed in the stomach and in the intestines.
Technically, if alcohol is only inside the stomach
and instestine and not yet absorbed, it is
practically outside of the body because it cannot
produce its physiologic and neurologic effects.
The rate of absorption of alcohol in the stomach
and intestine depends upon the following factors:
1. Concentration and total quantity of
alcohol taken.
2. Nature of food present in the stomach
and intestine. Fatty foods makes absorption of
alcohol slower as compared with sugar and
other carbohydrates and protein.

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3. The length of time the gastric contents


are held in the stomach prior to the opening of
the pylorus
4. Permeability of the stomach and
intestinal membrane to alcohol.
5. Chronic drinkers absorb alcohol faster
than non-habitual drinkers.
6. Concentration of alcohol in the
beverages between 10 and 20% is the most
rapidly absorbed.

J. SYMPTOMS OF ALCOHOLISM (Immediately


after ingestion)
1. There is a sensation of well-being and
slight excitement
2. Actions and emotions are less strained
3. Persons become careless and develops
increase of confidence in himself
4. Sense of perception and skilled
movement slackened
5. Person becomes irritable, sleepy, gay and
pugnacious
6. Persons becomes clumsy and
incoordinate
7. Speech becomes thick and slurring
8. Incoordination causes the person to
become giddy, stagger and possibly fall
9. Finally, the person passes to the state of
coma or vomiting due to gastro-intestinal
irritation.

K. THE POLICE PROBLEM OF DRUNKEN


DRIVER

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When is a Driver Drunk?


1. Courts are a little vague is to what why
mean by “drunken driving”. Some judges old
that if the alcohol, has, in any way and to any
degree, affected the driver’s coordination or
speed of reflex action, then the driver is under
the influence of alcohol.
2. For some other courts, the standard
appears to be at the driver is drunk “if he does
not possess the clearness of intellect which he
would otherwise possess” – a reasonable
sounding criterion, though difficult interpret. In
some courts on the other hand it appears that
man is not “intoxicated within the meaning of
the law ……..unless it is shown that he has lost
the control of either of his mental faculties……
or of the muscles of locomotion”. The essence
of this formula is the meaning of the phrase
“lost control”.

Proving a Drunken Driver by Police Investigation


Drunken driving is a violation of the provisions
of the Land Transportation Code and the
offender driver is subject to arrest and
punishment, confiscation and cancellation of
license to drive. These drunken drivers are not
often detected by the police, and yet, they are
great hazards to traffic. Worst, when they
commit car accidents resulting to death of
persons involved. Great problem are
encountered by police investigator and these two
difficulties are:

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1. The difficulty of proving a person is drunk


without chemical tests; and,
2. The allegation of the driver that taking a
test without his consent is a violation of his
constitutional right against self-incrimination.

L. COMMON DEFENSE OF DRIVER AGAINST A


FINDING OF DRUNKENNESS
1. That the odor on his breath is due to
anti-freeze which spilled on him when he was
filling the radiator of the car.
2. That he used a mouthwash and perhaps
that contained alcohol, thus causing the odor on
his breath;
3. That he is a diabetic and his swaying is
due to acidosis or to insulin
4. That he had a blow on the head recently
and that is why he is staggering
5. That he did not sleep last night and that
is why he is groggy.
6. These findings are the effects of the
medicine the doctor is giving him
7. That he has been unable to walk straight
ever since he hurt his legs or back.
8. That dust blew into his eye which
accounts for the redness.

M. CLINICAL EVIDENCE OF DRUNKENNES OR


ALCOHOLISM
Clinical evidences are signs or appearances
available to the naked eye of an examining
doctor or police investigators which will prove,
prima-facie, that a person is drunk without the

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need of a chemical or scientific examination. In


acute alcoholism, the clinical evidences are
matters of common knowledge.

Some Forms of Clinical Evidences:


1. Clothing – it is untidy, stained and with
smell of alcohol.
2. General Appearances – bloodshot eyes,
red-faced, groggy stance coordination is lost.
3. Breath – with varying degree of alcoholic
odors
4. Speech Content – incoherent, sarcastic,
hostile attitude
5. Eyes – dilated pupils, reddened
conunctive or glassy appearance
6. Mentality – lack orientation, clarity of
thought, no self-control, euphoria, excitement,
depression
7. Tremor and irregular behavior

PHYSICAL TEST FOR DRUNKENNESS (ROMBERG’S


TEST)
The following physical tests are available to the
investigator in determining whether a person
under investigation is under the influence of
liquor or not:
1. Let the subject stand straight with heels
together and with closed eyes for at least one
minute. If he is not drunk, he will not sway to
the front or to the sides, but if he is drunk, the
body will not be stable in the absence of any
pre-existing disease.

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FIGURE 3.2 ROMBERG TEST


2. Let the subject stand straight with one
foot ahead of the other so that the toes foot
touches the heel of another. This will remove
the brace to prevent the side sway. If drunk,
there is more likelihood that the subject will
sway sidewise and fall. The test maybe
repeated after the subject is free from the
effects of alcohol and make a comparison of
stability.
3. Let the subject sit comfortably in a desk
and get samples of his handwritings. Compare
these handwritings with those taken when he is
free from alcohol.
4. Let the subject bend down and pick up a
small object from the floor. If he stumbles, then
his nervous system is not stable and that he
maybe drunk.
5. Let the subjects go straight forward to a
corner of a room and rapidly turn quickly and
without stopping. Tell him to walk back. You
will notice that the subject may have
uncertainty of steps, sidesteps, or staggers
while making the turn and in walking.
6. Let the subject lift two objects from the
table and replace them side by side on the table
without fumbling.

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7. Let him pronounce distinctly the words


like “truly rural” and note whether there is
slurring of speech, especially in pronouncing
some consonants.

ADMISSIBILITY IN EVIDENCE OF CHEMICAL TESTS


FOR PROVING INTOXICATION
Any chemical and scientific test for alcohol to
determine whether a person is under the
influence of alcohol is admissible as evidence in
court. Withdrawal of blood from a person and
extraction of urine sample from a person
suspiciously drunk to determine the alcohol
concentration in the blood and/or urine is not
self-incriminatory. The act is purely mechanical
and it does not utilize the mental faculties of the
person or subject. This is important in crime
detection because the person cannot refuse the
investigation in submitting himself to a chemical
or scientific examination.

FORMS OF CHEMICAL AND SCIENTIFIC TESTS OF


INTOXICATION
1. Analysis of blood for alcohol contents
2. Analysis of urine for alcohol contents
3. Analysis of saliva for alcohol contents
4. Analysis of breath to determine
concentration of alcohol
5. Analysis of body tissue and spinal fluid

THE BLOOD-ALCOHOL TEST


This test is the most widely accepted and direct
method of determining the concentration of

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alcohol in the blood. This is done by physician,


nurse or competent technician upon request of
the police investigator. The following are the
present two presumptive standards relating to
the interpretation of blood alcohol contents:
a. If there is 0.05 percent or less by weight
of alcohol in a person’s blood, it shall be
presumed that he is not under the influence of
intoxicating liquor.
b. If there is 0.15 percent or more by
weight of alcohol in a person’s blood, it shall be
presumed that he is under the influence of
intoxicating liquor.
If the result of a chemical test indicated blood-
alcohol concentration in between these zones,
there is no presumption that the person was or
was not under the influence of intoxicating
liquor. But the chemical test result is
nevertheless competent evidence to be
considered in establishing whether the person
actually was under the influence of intoxicating
liquor.

The Urine-Alcohol Test:


Urine examination to determine blood alcohol
contents gives an acceptable result to the court
although the use of this chemical test is not yet
widespread in our jurisdiction. Sample of urine
must not be taken at one time only because
urinary excretion of alcohol varies with time.
Excretion is less during the early stage of
absorption and may be more than that in the
blood during the later stage.

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TREATMENT AND PREVENTION OF ALCOHOLISM


In the treatment of alcoholism, the attitude of
the patient is very important. It must be directed
to develop the following conditions of the mind:
1. The patient must want to be cured;
2. The patient must believe that he can be
cured; and
3. That the treatment will not fail.

Similarly, the following should be done to the


patient:
1. The patient must be deprived of alcohol
slowly;
2. He must be given plenty of rest;
3. He must be given adequate exercise;
4. He must be given proper diet; and,
5. Vitamins should be given to him in order
to supplant the inadequate consumption of his
food.

The Three Methods of Therapy (Treatment) on


Alcoholism:
1. Aversion Treatment
2. Psychotherapy method
3. Program of Alcoholics Anonymous

1. The Aversion Treatment –This treatment


seeks to create an aversion from alcohol by the
administration of a nauseating drug to be
followed by a drink of liquor, and thus develops
a dislike of alcohol. The method maybe rather
costly since hospitalization maybe required.

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Moreover, the effect is not always lasting and


treatment must be repeated. Yet, it is said that
this method has proven effective in more than
half of the cases.

2. The Psychotherapy Method –This cure


depends upon showing that the real problem of
the alcoholic is not the alcohol itself but the
emotional problem that led the alcoholics to
drink. This method therefore, aims to eliminate
these emotional tensions. Through therapeutic
interviews, it undertakes to make the alcoholics
aware of why he drinks and to provide him with
the strength necessary to combat his problems.

3. The Program of Alcoholics Anonymous – This


method is based on conversion and fellowship.
It emphasizes that alcoholics understand
alcoholism better than anyone else; that man is
dependent upon God and must turn to Him for
help; that the alcoholic must sincerely desire to
stop drinking; and, that he must admit that he is
an alcoholic and cannot drink in moderation.
The alcoholics is encourage to attend the
meetings of ex alcoholics, to participate in their
fellowship, and to make himself available for
service to others who are suffering from
alcoholism. Members are forced to acquire
habits through group influence even if he fails a
number of times. They may talk over their
problems with the group and discover that their
problems are vy no means unique. Members
may go where alcohol is served, and may ever

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serve it to others themselves, but at the AAA


parties and meetings, only milk and softdrinks
are available.
The organization utilizes the intimacy of the
primary group as therapeutic tool to effect a
fundamental change in the personality of the
alcoholic. Its service is supportive rather than
aggressive, and the individual must learn to
assume responsibility for his own cure. It is
claimed that 75% of those who participated in
the AAA programs have been rehabilitated.

NOTE: No one type of therapy can be effective in


alcoholism because each case differs from
others in terms of environmental factors and
the reaction of the personality. Incarceration is
futile in the rehabilitation of chronic alcoholics.
It is necessary that a psychological and medical
approach be made to the problem for its
effective cure.

II - PROSTITUTION

I. Definition of Terms:
1. Prostitution - It is an act or practice of a
woman who engage or habitually in sexual
intercourse for money or profit.
2. Prostitute - A woman who engage in
discriminate sexual intercourse or acts with
males for hire.
3. Pimp - One who provides gratification for
the lust of others.

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4. Operator or Maintainer – one who owns or


manages houses of ill-refute where
thebusiness of prostitution is conducted.
Sometimes they are called “madame or mama
san”.
5. White Slavery -The procurement and
transportation of women cross stateliness for
immoral purposes.
6. Organized Crime- Includes gambling,
prostitution, dope (narcotics) and other illegal
or dubious businesses.
7. Whores/Knocker - It is a name often used
for all types of prostitute.
8. Macks- Epitome of pimping business

FIGURE 3.3 Prostitutes with foreigners

I. INTRODUCTION:
Prostitution and gambling are two vices that
have plagued or caused so much suffering to
mankind. There is no country in the world that is
free of these vices. Many efforts and many
methods have been devised at various times by
man in attempting to control these two evils.
However, up to present there has been no
effective method of control. The police of any
country have a responsibility to all of the citizens
to make concentrated effort to eliminate these

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vices. The reason for this is quite simple. The


two vices, prostitution and gambling, have a
demoralizing and deteriorating effect upon any
and all societies. Possibly the single item that
makes it most difficult to control these vice is the
wide diversity of public opinion as to degree of
control that is desired. Many people will verbally
condemn the two vices, and yet practice or
participate in them.
Prostitution is often called the “oldest
profession” in the world and records of
prostitution exist since the beginning of recorded
history. Prostitution today, although controlled
and against the law in most countries, is still legal
in some other countries. In some countries the
laws are designed to combat the so called
commercialized type of prostitution.

History
Prostitution has been known for thousand of
years. The term derives from the Latin
prostituere, which means “to cause to stand in
front of”. The earliest record of prostitution
appears in ancient Mesopotamia, where priests
engaged in sex to promote fertility in the
community. All women were required to do
temple duty, and passing strangers were
expected to make donations to the temple after
enjoying its services.
Modern commercial sex appears to have its
roots in ancient Greece, where Solon established
licensed brothels in 500 B.C. The earnings of
Greek prostitutes helped pay for the temple of

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Aphrodite. Famous men openly went to


prostitutes to enjoy intellectual, aesthetic, and
sexual stimulation; prostitutes, however, were
prevented from marrying.
Although some early Christian religious
leaders, such as St. Augustine and St. Thomas
Aquinas, tolerated prostitution as a necessary
evil, this tolerance disappeared after the
reformation. Martin Luther advocated abolishing
prostitution on moral grounds, and Lutheran
doctrine depicted prostitutes as emissaries of the
devil who were sent to destroy the faith.
During the early nineteenth century,
prostitution was tied to the rise of English
breweries; saloons controlled by the companies
employed prostitutes to attract patrons and
encourage them to drink. This relationship was
repeated in major U.S. cities, such as Chicago,
until breweries were forbidden to own the
outlets that distributed their product.
Today there are many variations of
prostitution, but in general, prostitution can be
defined as granting non-marital sexual access,
established by mutual agreement of the
prostitutes, their clients, and their employers, for
remuneration. This definition is sexually neutral
because prostitutes can be straight or gay and
male or female.

Two Basic Reasons Why Prostitution Must Be


Suppressed
1. Control of venereal disease (VD)
2. Prevent organized crime

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Statistics gathered by health organization


throughout the world proved beyond any doubt
that venereal disease increases with an
increase in the amount of prostitution. Crime
syndicate wields enough money and power to
manipulate businesses and officials of major
cities. If not controlled and prevented it will
bared corruption and chaos.
For the existence of most of this organized
crime, the individual citizen and no one else is to
blame. A certain segment of people must be
involved in partaking of the services offered by
organized crime. Otherwise, if citizens refused
these services, organized crime would go out of
business.

Causes of Prostitution
1. Poor social background and personality
handicaps are some of the basis for drift into
prostitution.
2. Previous sexual experience, mostly
unfortunate and in or out of wedlock.
3. Contact with persons in or on the fringe of the
business of prostitution.
4. Love for money and luxury on the part of the
prostitute.
5. Lack of restraining check from neighbors,
social environments and laxity of social control
much as the agency for religious training and
reforms.
6. The influence of contraceptives and
preventive treatment for venereal diseases.

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7. Efforts to support another vices such as drug


addiction or alcoholism.
8. For the unwilling prostitutes, they are victims
of white slave traffic such as kidnapping,
keeping them under physical restraint, forcible
abduction of women and victims of crime
against chastity.
9. The indifference of law enforcement
authorities in safeguarding the virtues of
women and lack of courage of the victim of
white slave trade to pursue the prosecution of
cases they filed against the perpetrators.
10.Social causes of prostitution such as:
a) broken families
b) anonymity of city life
c) poverty and other

IV. Types of Prostitutes on the Basis of


Operation
 Types of Prostitutes
 Streetwalkers(hustlers) – Prostitutes who
work the streets in plain sight of police, citizens,
and customers are referred to as hustlers,
hookers or streetwalkers. It is considered the
least attractive, lowest paid, most vulnerable
men and women in the profession.
 Bar Girls – B-girls, as they are also called,
spend their time in bars, drinking and waiting to
be picked up by customers.
 Brothel Prostitutes (Factory girls)– Also
called bordellos, cathouses, sporting houses,
and houses of ill repute, brothels flourished in
the nineteenth centuries. They were large

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establishments, usually run by madams that


housed several prostitutes.
 Call Girls – The aristocrats of prostitution
are call girls. Many call girls come from middle-
class backgrounds and service upper-class
customers. They often request the business
cards of their clients to make sure they are
dealing with “upstanding citizens”.
 Escort Services/Call Houses – Some
escort services are fronts for prostitution rings.
Both male and female sex workers can be sent
out after the client calls an ad in the yellow
pages. A relatively new phenomenon, call
houses, combines elements of the brothel and
call girl rings: a madam receives a call from
prospective customer, and if she finds the client
acceptable, she arranges a meeting between
the caller and a prostitute in her service. The
madam maintains a list of prostitutes who are
on call rather than living together in a house.
The call house insulates the madam from arrest
because she never meets the client or receives
direct payment.
 Circuit Travelers – Prostitutes known as
circuit travelers move around in groups of two
or three to lumber, labor, and agricultural
camps. They ask the foremen for permission to
ply their trade, service the whole crew in an
evening, and then move on. Some circuit
travelers seek clients at truck stops and rest
areas.
 Skeezers – On the street, women who
barter drugs for sex are called “skeezers”. Not

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all drug-addicted prostitutes barter sex for


drugs, but those that do report more frequent
drug abuse and sexual activity than other
prostitutes.
 Massage Parlors/Photo Studios – Some
“working girls” are based in massage parlors
and/or photo studios. Although it is unusual for
a masseuse to offer all the services of
prostitution, oral sex and manual stimulation
are common.

V. Types of Prostitution Houses


a. DISORDERLY HOUSES – usually ridges
several number of factory girls or professional
prostitutes and under the control of an
organized crime ring. A “madam” or
“maintainer” supervises the operation
supported by a staff of teller (cashier), bell or
room boys, register clerks, watchmen, pimps
and security guards known as bouncer. Their
operation appears to be a legitimate business
entity mostly under the protection of crooked
policemen or law enforcement authorities and
their location is prominently known to all
their customers. They have number of small
rooms with the prostitutes staying thereat
where they wait for customers. At times, the
house provided with secret exits ready for
escaping in case of police raids.
b. FURNISHED ROOM HOUSE-usually
operated by an experienced “madam” who rent
rooms to legitimate roomers in order to
maintain an appearance of

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responsibility Purposely, the madam leaves


several rooms not rented to legitimate roomers
for ready use of the prostitution. These
prostitutes are mostly the call girls who make
the room their designated places in
perpetrating their business. Their rent is on per
customers basis or they maintain the rent
continuously but the prostitutes do notlive
there permanently but elsewhere to maintain
their anonymity and identity. These houses
could be found mostly in flashy subdivision or
residential areas.
c. CALL HOUSES - this is where the customers
call and the madam makes the arrangement
and sends the girls by a transporter who is a
man or woman to the place arrangement. The
house appears to be a legitimate business
house such as service agencies, travel offices,
coffee shops, beauty parlors and the like duly
licensed and registered as such with the
government office. However, the telephone
number is limited only to qualified customers as
recommended by their pimps who conduct the
background investigation on the ability of
the prospective customers to pay.
d. MASSAGE CLINICS - these houses are
operated under a licensed or permit issued by
the government but acts as a front for
prostitution where the act maybe done or as
per arrangement. They operate with
barbershops with manicurists or “attendants”
and “massagists” who while servicing their
customers may make contacts or the prostitutes

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or themselves. These prostitutes are sometimes


the newcomers in the business who do not earn
much as attendants or massagists.

VI. Dangers of Prostitution and its Nature


1. Prostitution is made punishable by the
penal laws of the country and its existence has
been the subject of prohibitions by both
national and local government.
2. This activity is inextricably interwoven
with many other criminal activities such as Part
of organized criminal syndicate. It is often a
hang-out for gunmen, gangsters, dope peddlers,
drug addicts, bootleggers, hijackers and others.
3. The prostitute lives a life of shame and
the stigma of besmirched character makes her
impossible to return to normal life.
4. Prostitution as an oldest profession
cannot be the subject of regulation with the end
in view of eliminating it but can only be
minimized since no law regulates the emotional
lives of men.
5. For lack of medical supervision and
control, the spread of venereal diseases and the
acute effect of syphilis on the male customers
may cause mental and physical deterioration of
the body and even transmitted to the offspring
and wife of the customer since the diseases is
contagious.
6. As part of a lucrative business, the white
slave trade victimizes the most innocent
members of our womanhood in the society and

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therefore, destroys their opportunity in the


future

VII. Control and Prevention of Prostitution


The following schools of thought are the
suggested methods of control and prevention of
the existence of prostitution:

A. THE SCHOOL OF REGULATORY CONTROL


This method maintains the idea that we cannot
do away with prostitution unless we consider
the problems and remove the causes of
prostitution. The scheme originated from the
French System of controlling the prostitutes
under the direction of Napoleon Bonaparte in
1808 while he was trying to protect his soldiers
from the vile of prostitute exists as well as the
supply, the practice cannot be totally
eliminated. Arrests, detention and punishment
of prostitutes would only drive them to
clandestine Activities in places where they
cannot be effectively controlled and inspected.
In view thereof, the following regulatory policy
has been adopted to provide the necessary
protection for the society.
1. Segregation of brothels and soliciting to
restricted districts.
2. Public licensing of houses of prostitution
3. Registration of prostitutes to protect them
from the exploitation of white slave trade.
4. Periodic medical examination of prostitutes
and public health education.

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5. Legalization of the practice of prostitution


under government supervision and control to
make it more realistic.
6. That arrest of prostitutes be handled by
non-police agencies but should be taken care by
social workers and medical men.
7. Finally, the rehabilitation of prostitutes by
providing them jobs and facilities to earn a
decent living.

B. THE SCHOOL OF TOTAL REPRESSION –


This method believes that prostitution is both a
crime and a vice and therefore, should be
repressed and totally prohibited. It maintains
that chastity and continence should be the rule of
conduct for everybody and to allow prostitution
would be to abet immorality and white slave
trade. As to licensing of prostitution, this school
of thought argues that it invites men to enjoy
promiscuity free and easy and without fear of the
law. While it accepts the fact that men may still
indulge in prostitution despite repression
measures, but men would be more cautious,
apprehensive and afraid of reproach or arrest
from the decent members of the society. This is
an American Plan on the control of prostitution
which suggests the following method of
suppressing prostitution:
1. Strict enforcement of
all legislation against prostitution and all other
vices or activities connected with it.

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2. Education of the public


regarding sex, prostitution and venereal
diseases.
3. Adoption of medical measures and
establishments of medical facilities for
thediagnostic and treatment of venereal
diseases.
4. Adoption of codes of self-regulation
and organization of community cooperation
5. Making it unlawful for both men and
women to engaged in prostitution.
6. Increase of penalties now applicable
and existing to prostitution at the persons who
may be punishable in relation to the practice of
prostitution.

VIII. Arguments Advanced for Licensing


Prostitutes:
There are many arguments advanced for
licensing prostitutes and permitting them to work
in designated districts.
 It is claimed that such licensing would reduce
sex crimes upon women. That it would
eliminate or greatly reduced the crimes of
rape, assault with intent to rape, or
molestation of women or children.
 It is also claimed that controlled prostitution
would help to prevent the spread of venereal
disease or infection.
 All recent experiments in “controlled”
prostitution have been a dismal failure. During
WW II the houses of prostitution in many cities
throughout the world operated not only under

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a form of official municipal approval, but also


with the approbation of the military
authorities. Sex crimes did not diminish. Rape
flourished, and so did venereal disease.
 It is known today that permissive legislation
can control only a few prostitute. No feasible
method of medical control has ever truly
prevented the spread of venereal disease by
professional prostitutes. And they will be ably
assisted by their unlicensed sisters who will
continue to operate unlawfully.

IX. Police Difficulties in Securing Information on


Prostitution:
1. Patrons of houses of prostitution avoid
any open contact with the police.
2. Usually letters and complaints received by the
police are unsigned and the caller unidentified
or anonymous.
3. It is only by maximum effort through diligent
work and investigation on the part of the police
may rid of a community of this evil. (More
often locations of these places of ill-fame will be
discovered by diligent work and investigation on
the part of the police).

X. LEGISLATIVE MEASURES AND STRATEGIES ON


PROSTITUTION:

1. Article 202, RPC – Vagrants and Prostitutes


a. Any person having no apparent means of
subsistence, who has the physical ability to

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work and who neglects to apply himself or


herself to some lawful calling;
b. Any person found loitering about public or
semi-public buildings or places or trampling or
wandering about the country or the streets
without visible means of support;
c. Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes;
d. Any person who, not being included in the
provisions of other articles of this Code, shall be
found loitering in any inhabited place belonging
to another without any lawful or justifiable
purpose;
e. Prostitutes.
For the purpose of this article, women who,
for money or profit, habitually indulge in sexual
intercourse or lascivious conduct are deemed to
be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by
arresto menor or a fine not exceeding 200
pesos, and in case of recidivism, by arresto
mayor in its medium period to prison
correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.

2. Article 201, RPC – Immoral Doctrines,


Obscene Publication and Exhibitions. The
penalty of prison correctional in its minimum
period or a fine ranging from 200 to 2,000
pesos, or both, shall be imposed upon:

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a. Those who shall publicly expound or


proclaim doctrines openly contrary to public
morals;
b. The authors of obscene literature,
published with their knowledge in any form,
and the editors publishing such literature;
c. Those who in theaters, fairs,
cinematographers or any other place open to
public view, shall exhibit indecent or immoral
plays, scenes, acts or shows; and
d. Those who, shall sell, give away or exhibit
prints, engravings, sculptures or literature which
are offensive to morals.

3. Article 341, RPC – White Slave Trade


The penalty of prison correctional in its minimum
and maximum periods shall be imposed
upon any person who, in any manner, or under
any pretext, shall engage in the business or shall
profit by prostitution or shall enlist the services
of women for the purpose of prostitution.
4. City (Manila) Ordinance No. 4638 (Vag.
Prostitution) (Section 822, RO)
5. MMC Ord. No. 85-04-Child Prostitution Law
Prohibiting minors to work in sauna baths,
massage clinics and the like.
6. Section 18, Rule 111, INP Rules and
Regulations (PD 765)
House of Ill-Refute
Members of the PNP shall not enter any house
suspected or reported as being of ill-refute
except in the performance of duty and if
compiled to enter such place shall report the

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fact to their superior officer as soon as


practicable.
7. Senate Bill No. 716 – Anti-Obscenity Act of
1988 - Sponsored by Senator Shahani, Leticia.

GAMBLING
1. Gambling – it is a game or scheme the result of
which depends wholly or chiefly upon chance or
hazard
2. Chance or Hazard – is the uncertainty of the
result of the game or when the outcome of the
game is incapable of calculation by human
reason, foresight, sagacity or design.
3. Lottery – it is a scheme for the distribution of
prizes by chance among persons who have paid
or agreed to pay a valuable consideration for
the chance to obtain a prize.
4. “Maintainer” – is the person who sets up and
furnishes the means with which to carry on the
gambling game.
5. Conductor – is the person who manages or
carries the gambling game.
6. Banker – is the person who keeps the money
from which the winner is to be paid.
7. Totalizer – is a machine for registering and
indicating the number and nature of bets made
on horse races.
8. Wager – is the bet or consideration placed on
gambling games.
9. Prize – is the inequal amount due to the winner.
10. Topada– the illegal cockfighting conducted on
a day or at a cockpit not permitted by law.

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FIGURE 3.4 COCKFIGHTING


11. Gullible Person – person who easily deceived
especially in crooked gambling.
12. PAGCOR (Philippine Amusement and
GamblingCorporation) – office that
controls/regulates gambling games like the
casino.

I. INTRODUCTION:
The laws relating to gambling are not all
uniform throughout the world. Moreover, the
interpretation of gambling law, is in many cases,
seemingly in consideration with the language of
the statues on the subject. Inspite of this, it is
still the responsibility of the police to enforce
such laws.
In gambling as in business, the head of the
organization is in a position to take the largest
profit. He may have operating for him many
gamblers and proprietors using his equipment
and paraphernalia. Each of those person is
engaged in a continuing series of criminal acts
and each act result in unfailing monetary gain.
The total number of criminal acts amounts into
the hundred of thousands, for which the head of
the organization receives a percent of the profit
in each act. Though collected in small amounts,

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the total amount is enormous. The general


public is unaware of the tremendous sums of
money that are diverted from the normal
business channels in this manner.
The tremendous profits from gambling are used
to circumvent the law. Funds are made available
to corrupt to influence, to bribe, to campaign, to
employ the best legal, talent to retain in office
friendly, public officials, and to remove unfriendly
ones. Gambling profits add to police difficulty in
the control of gambling itself.

II. RELATIONSHIP OF GAMBLING TO OTHER


CRIMES:
Communities in which gambling flourishes
attract criminals. The unstable character of
criminal and usual lack of normal relations with
other persons cause them to seek recreation in
gambling establishments. Their profits from
crime are usually spent rapidly in some form of
vice. The gambling operator is also a criminal and
normally welcomes other criminals and
sometimes assists them in disposing of their loot,
obtaining weapons and planning other crimes.
Communities where gamblers always have a
high crime rate. Establishments and districts,
containing them are frequently the scenes of
murders assaults and drunkenness. Private
persons, when victimized by crooked gambling,
sometime commit suicide, embezzle funds and
commit a variety of other serious offenses. The
existence of gambling in a community therefore
greatly increases the task of the police. Many

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professional gamblers will play only when there is


a certainly that they will win. These gamblers
play with gullible (easily deceived) native persons
who fail to realize that the game they play is so
fixed and controlled that there is no possibility of
their ever winning. These “sure thing” gamblers
used marked cards controlled roulette wheel and
slot machines. The most common of the crooked
gamblers are those who play with cards and dice.
They have little difficulty in finding gullible people
with whom to play.

III. CLASSIFICATION OF GAMBLING GAMES


 Those who are absolutely or per se
prohibited
Examples:
a. Under Art. 195, RPC – monte,
jueteng, other form of lottery, policy, banking
or percentage game and dog races;
b. Faro and roulette is absolutely
prohibited by the Gambling Law.

 Those which are regulated by law. These


games are regulated in the sense that the law
allows the same to be played except on certain
specified of the day.
Examples:
a. Cockfighting under Art. 199,
Revised Penal Code;
b. Horse Racing under Art. 198,
Revised Penal Code;

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c. Panguingue, cuajo, domino,


mahjong, entre cuatro, and other under Sec.
828, Revised Ordinances of the City of Manila

IV. REQUISITES/ELEMENTS OF THE CRIME OF


GAMBLING
1. That money or other consideration of
value is at stake
2. That the result of the games depends
wholly or chiefly upon chance or hazard
In cases of lottery, there must be:
1. consideration;
2. chance, and;
3. prize or the inequal amount due to the
winner
NOTE: Lottery becomes punishable only when
the participants buys ticket only for purposes of
participating in the lottery but not when the
participation is only incidental to buying a
certain good wherein the participation entitles
the buyer an equal value of his money’s worth.

V. ACTS PUNISHABLE IN GAMBLING


1. In cases of gambling games absolutely
prohibited under Article 195, Revised Penal
Code:
a. taking part directly or indirectly in
gambling;
b. knowingly permitting any form of gambling
to be carried on any place owned or controlled
by the offender;
c. being a maintainer, conductor, or banker.

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2. In cases of lottery under Article 196, or


banker.
a. Possession of lottery lists which
pertains to, or used in the game;
b. Importation, selling or distribution in
connivance with the importer of lottery
tickets.
c. Selling or distribution without
connivance with importer.

3. In cases of horse racing under Article


198, Revised Penal Code:
a. Betting on horse races during the
periods or days not allowed by law, such as:
1. Ordinary working
days, but not legal holidays and those not
allowed by the Games and Amusement
Board.
2. July 4th (now June 12,
Independence Day) under Rep. Act N0. 137.
3. December 30th of
each year commonly known as Jose Rizal Day
under Rep. Act No. 229.
4. Any registration or
voting days under Rep. Act No.180, as
amended (Revised Election Code).
5. Holy Thursday and
Good Friday under Rep. Act No. 946.
b. Maintaining or employing a totalizer
or other device or scheme for betting on races
or realizing profit therefrom.
c. Under Rep. Act No. 3063, the
operation and maintenance of “bookie joints”

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not authorized by the Games and Amusement


Board and acting as “collector” or “solicitor” of
bets on horses races for the bookie joints are
prohibited.

4. In cases of illegal cockfighting under


Article 199, Revised Penal Code:
a. Betting money or other valuables and
organizing such cockfights at which bets are
made on a day other that permitted by law.
b. Betting money or other valuables and
organizing such cockfights in a place other
than a licenses cockpit.

5.And finally, making bets which are offered and


accepted upon the result of a boxing or other
sports contest is punishable by Article 187,
Revised Penal Code and Section 830, Revised
Ordinances of the City of Manila.

NOTE: A mere bystander or spectator in a


gambling game is not criminally liable, because
he does not take part therein, directly or
indirectly. Mere presence in a gambling house
or cockpit is not punishable.

VI. DANGERS OF THE VICE OF GAMBLING:


1. An evil that undermine the social, moral and
economic growth of the nation.
2. It is beyond the good morals which has the
effect of causing poverty, dishonesty, fraud and
deceit.

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3. It causes man to neglect his social obligations


and the welfare of his business as a source of
income.
4. Women and mothers who wasted her time at
the gambling board may neglect her duties to
the children and cause serious problem and
proliferation of juvenile delinquency.

VII. CONTROL OF GAMBLING AND


PROSTITUTION (OBTAINING EVIDENCE
AGAINST A GAMBLING HOUSE AND A HOUSE
OF PROSTITUTION)
Laws relating to public morals which mainly
concern a Police Department, are those designed
to combat prostitution and gambling. For this
reason, a: Vice Division” should be created within
a police department, if it is to suppress gambling
and prostitution effectively and enjoy the
advantages of suitable control. Such division
fixes responsibility and assures a continuing and
constant control.
Although the police constantly harass the vice
operators by arresting employees and agents and
confiscating equipment, they are not able,
generally operator. They harass but do not
destroy the organized operator. The police must
do more than this if they are to stamp out
commercialized vice. They must smash the head
of the organization in its operation is to be
stopped.
The specialization provided by a vice division
enables the members of that division to study the
legal procedures relating to the control of

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gambling and prostitution and to learn identity,


locations and methods of operation of persons
engaged in these activities. These centralize
information and police action, thus lessening the
possibility of information “leaks” and “tip-offs”.
In police organizations, as in business of
industry, there are few who prove false to the
trust placed in them. In some instances, police
officers have been found to be on the payroll of
the vice operator. Thus, police methods and
anticipated police actions have been furnished
the underworld in advance.
The control of gambling and prostitution
requires the application of sound judgment.
Decision must be made that often have far-
reaching consequences. The Vice Division head
should report directly to the Chief of Police or to
an Assistant Chief in a very large department.
This close control of the vice divisions by the
head of the department is justified because of
the confidential nature of its work and its
significant effect on the health and stability of
city government and on the criminal element of
the community. Because gambling and
prostitution operations involve large profits, a
strong effort to corrupt officials can be expected
to hinder its control. Even though only one
officer is engaged in control of gambling and
prostitution, he should report directly to the chief
of police.
Information obtained through the vice division
investigations has sometimes revealed that
mayors and high-ranking police officials are

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corrupt. In the many countries where this has


occurred, those involved have been removed
from office and proper criminal proceedings
initiated. Many have been sent to prison.

VIII.SUGGESTED CONTROL AND PREVENTIVE


MEASURES:
1. The government thru its law
enforcement agencies must conduct a
consistent and continued raids, arrest and
closure of suspect gambling dens.
2. The courts and the law makers must
enact and apply the law with more teeth as a
deterrent factor.
3. The economic structure of our country
must cater to the large majority of our
population to provide mass employment and
prosperity of the people in terms of income.
4. The building of more recreational and
athletic facilities to divert attention of the
people from gambling activities.
5. Active participation of NGO’s (non-
government organization) in the campaign
against vices especially gambling.

IX. LEGISLATIVE MEASURES/STRATEGIES ON


GAMBLING
Generally, the laws relating to gambling prohibit
any person or persons from profiting from the
operation of any game of chance, or game,
apparatus or device in which the outcome is
determined solely by chance, or gambling of any
sporting event. Therefore, cards dice and other

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similar games, devices or apparatus are


forbidding where a person or person profit from
the play by taking percentage of each pot or
hand, charging a fee of some kind, or when such
games are supported financially by the operator
of the enterprise. Wagering (Act of betting) on
sporting events such as horse races, soccer,
basketball and other amateur and professional
games is criminal act only when the person or
persons concerned take or placed bets outside of
that allowed by the law.
In the Philippine betting on horse racing Jai-Alai
and the national lottery is legal. This is gambling
“per se” even though it is legal; all other
gambling is illegal.
Customs dictates the law in many cases and the
laws of other countries in relation to gambling
will vary. Therefore, the above definition is
probably as close as can be given as an
explanation of gambling that will apply to all
types.

LAWS RELEVANT TO GAMBLING


1. PD 1602 - Prescribing Stiffer penalties on
illegal gambling
2. PD 510 - Law on Slot Machines
3. PD 449 - Illegal Cockfighting
4. PD 483 - Game fixing in Sports Contest
5. PD 1306 - Jai-Alai bookies
6. RA 3063 - Horse Racing Bookie
7. Art. 195-199 R.P.C. - Forms of Gambling and
Betting

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8. LOI No. 816 - Exclusion of certain


prohibited games under PD 1602
9. Rule III, Sec. 21, PNP Rules and
Regulations (PD 765) GAMBLING. No member of
the PNP shall engage in any form of gambling
prohibited by law.
10. Sec. 823, R.O. - Gambling Dens
(Maintainer/Operator)
11. Sec. 824, R.O. - Gambling Devices, Possession
of Pinballs
12. Sec. 827, R.O. - Gambling Players
13. Sec. 828, R.O. - Mahjong, Regulated Games
14. Sec. 830, R.O. - Betting in Athletic Contest
15. Sec. 831, R.O. - Illegal Cockfighting (Tupada)

X. INSTRUCTIONS TO POLICE OFFICERS


Officers on “Post” should bear in mind that
unlawful card games, dice games, etc. are usually
carried on in places under a club charter, private
dwellings, vacant buildings, private buildings,
cheap bars, upper floor of garages and even large
trucks. Gambling should be suspected whenever
the nature of the business carried on in such a
place is suspicious and free inspection of the
police is not allowed by the person in charge of
the premises, especially so when the premises
are frequented by known gamblers.

XI. HOURS OF WORK OF MEMBERS UNDER THE


VICE DIVISION:
Vice Division members should work as a team
and their effective strength should not be
assigned to more than one shift. Their hours

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should be flexible and judged on the basis of the


need. Certain hours of work are more desirable
than others. As most gambling and prostitution
violators start between the hours of 7:00 or 8:00
in evening and diminished around 3:00 or 4:00 in
the morning, it is recommended that the vice
squad work as a team during these hours. The
hours, should however, remain flexible enough,
change in the event of emergencies and special
events.

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.
 A chemical substance that brings about
physical, physiological, behavioral and/or
psychological change in a person taking it.
 A substance other than food which is intended
to affect the structure or function of the body
of the man or animal.
 A substance intended for use in the diagnosis,
cure, treatment or prevention of disease in
man or other animal.
 Any substance used internally or externally as
a medicine for the treatment, cure or

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prevention of the disease or a narcotic


preparation.
 Include not only illegal drugs such as heroin
and cocaine but also drugs that are legal in
most countries such as prescription drugs as
well as tobacco and alcohol which cause more
preventable premature fatalities than illegal
drugs.

DRUG ABUSE
Is the overuse or consumption of drugs other
than for medical reasons.
Abuse of drugs and other substances can lead to
physical and psychological dependence.

FIGURE 3.5 NUMBER OF DRUG USERS


ACCORDING TO DDB AND PRES. DUTERTE
DRUG DEPENDENCE
Characterized by the compulsion to use a drug
to experience psychological or physical effects
despite deterioration in health, work, and social
activities.
It is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity in

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which the use of psychoactive drug takes on a


high priority thereby involving, among others a
strong desire or a sense of compulsion to take
the substance and the difficulties in controlling
substance taking behavior in terms of its onset,
termination, or levels of use. (RA 9165)

TYPES OF DRUG DEPENDENCE


1. Physical Dependence- can only be
discernible when drug intake is decreased or
stopped and an involuntary illness called the
withdrawal syndrome occurs.
 Addiction - a form of physical dependence,
severe craving for the drug even to the point
of interfering with the person’s ability to
function normally.
 Tolerance-A form of physical dependence,
occurs when the body becomes accustomed
to a drug as the drug is repeatedly taken in
the same dose. It now requires ever-
increasing larger doses to achieve the same
desired effect. Tendency to increase dosage
to maintain the same effect in the body.
2. Psychological Dependence - Exhibited
when a user relies on a drug to achieve a feeling
of well- being. The most extreme from of this is
the obsession of the user with the drug, thus
focusing virtually all his interest and activity on
obtaining and using it. It is also arises from the
ability to satisfy some emotional or personality
needs of an individual.

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 Habituation - A form of psychological


dependence, characterized by continuous
desire for a drug. A person believes that the
drug is needed to function at work or home
because drugs often produce an elated/
excited emotional state.

Drug Death
1. Primary Drug Fatalities – those which death
is due to the toxic or adverse effects of the
chemical agent, with or without the
contributory influence of pre-existing, unrelated
natural disease.
2. Secondary Drug Fatalities – those arising
from medical complications of drug abuse, such
as viral hepatitis and bacterial endocarditis.
3. Drug Associated Fatalities – those caused by
homicidal, accidental and suicidal violence
stemming directly or indirectly from activities
related to the obtaining and use of illicit drugs.

SOME RECOGNIZABLE SIGNS OF DRUG ABUSE


 Sudden shift in attitudes and demeanor
 Mood swings
 Highly excitable and displays fits of rage and
aggression
 Unusual effort to conceal needle marks.
 Wearing dark eyeglasses to conceal
constricted or dilated pupils and bloodshot eyes
 Sudden regression from usual and normal
capabilities
 Neglect of personal grooming, hygiene and
appearance

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 Engaging in petty crimes to support illicit


habit
 Association with known drug users

COMMON REASONS WHY PEOPLE TURN TO


DRUG ABUSE
1. Parental influences- unhappy home,
parents showing little or no interest in their
children, Abuses committed by parents such as
harsh physical punishments; Lack of parental
values; parents who are permissive and liberal;
parental neglect; domestic violence; role
modeling.
2. Peer influences - Drug using friends
encourage, pressure even, a youth to
experiment with drugs.
3. Personality Factors- Curiosity or the desire
to experience a new state of consciousness;
Escape from physical and mental pain, relief
from boredom and frustration, and desire to
escape from harsh realities; unable to conform
with social standards; weak personality or low
sense of self esteem.

Types of Drug Users


 Top-level Dealers
 Smugglers
 Stash Dealers
 Pushers
 Street Level Drug Runners
 Drug Involved Losers
 Drug Using Persisters

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 Adult Predatory Drug Users


 Stabilized Junkies
 Women User

What is Drug Identification?


Drug identification is usually conducted by a
forensic chemist/chemical officer to determine
the presence of dangerous drugs on submitted
specimens. The Forensic Chemist/chemical
officer also conducts drug test on body fluids of
suspected drug pushers and users to determine
the presence of dangerous drug metabolites.
Paraphernalia like smoking pipes, tooters and
aluminum foils should also be submitted for
examination to determine the presence of
dangerous drugs.

Examination of the sample taken from the


alleged confiscated dangerous drugs (Method
of Examination)
a. Qualitative Examination
b. Quantitative Examination

Steps common to qualitative and quantitative


examination methods
1. Selection of method to be used
2. Physical test
3. Sampling
4. Sample preparation
5. Chemical test
6. Confirmatory examination
7. Calculation and interpretation of dates
8. Drawing of conclusion and writing report

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Two Phases in the Examination of the


Confiscated Dangerous Drugs

1. Screening Test/Preliminary Test (also


known as the color test)
This test is nonspecific and preliminary in
nature. It is employed to reduce the family or
group of drug to a small and manageable
number. It includes a series of color tests
producing characteristics colors for each family
of group of drugs. This is done by adding
specific reagent to unknown sample in a spot
plate.

FIELD TEST FOR DANGEROUS DRUGS


Marijuana - Duquenois- Levine test (Red)
Shabu- Symone’s test (purple)
LSD - Van urk test (Blue purple)
Opium - Marquis Test (violet)
Amphetamines - Marquis test ( red/ orange)
Barbiturates - DilliKoppanyi/ Zwikkers test
(violet/ blue)
Cocaine - Cobalt thiocynate (blue)

2. Confirmatory Test
This test involves the application of an
analytical procedure to identify the presence of
a specific drug or metabolites. This is
independent of the screening test and which
uses techniques and chemical principles
different from that of the initial test in order to

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ensure reliability and accuracy. There are


several methods used in the confirmatory test:
a. Chromatography (gas chromatography,
thin layer chromatography, high-pressure
liquid chromatography)
b. What is GAS Chromatography?
 It is separate technique
 The mobile phase is gas
 Separation is based on the difference in
migration rates among sample components
c. Spectroscopy
d. Fourier – Transform Infrared
Spectroscopy (FTIR)
e. Ultraviolet-visible
Spectroscopy/Examination of the urine
specimen
The rate of excretion from the body depends
on the drug’s solubility in fat. Water soluble
drugs (cocaine) are excreted quickly, while fat
soluble drugs (marijuana) may take several
weeks or months before excretion.
Validity test is conducted to determine the
integrity of the samples for the following
reasons: in cases of unobserved urine
collection; when there is suspicion that the
urine specimen has been tampered.

Different Types of Tampered Urine Specimen


a. Adulterated
b. Diluted
c. Substituted

Sample Specimens

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 Blood
 Fingernails
 Hair
 Saliva
 Sweat
 Tissue
 Urine (almost 99%)

Administration and Metabolism of Drugs


How Drug is being Administered/Taken?
 Oral Ingestion
 Intravenous/Injection (subcutaneous,
intramuscular, intravenous)
 Inhalation (smoking, snorting, sniffing)
 Snorting
 Buccal
 Suppositories

Levels of Drug-Taking
a. Drug Use – This occurs when the effects of
drug sought can be realized with minimal
hazards, whether or not used therapeutically,
leally or as prescribed by a physician.
b. Drug Misuse – This occurs when a drug is
taken or administered under circumstances and
a dose that significantly increases the hazards to
the individual or to others.
c. Drug Abuse – This occurs when a drug is
taken under circumstances and at a dose that
significantly increases their hazards or
potentials whether or not used therapeutically.

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TYPES OF DANGEROUS DRUGS


1. DEPRESSANT (Downers)
2. STIMULANT (Uppers)
3. HALLLUCINOGENIC (psychedelic)

DEPRESSANTS
Also known as “downers”, are drugs which act
on and depresses the central nervous system
causing initial relaxation leading to drowsiness
and sleep. Used of downers results to
impairment of judgment, hearing, speech and
muscle coordination. They dull the minds, slow
down the body reaction to such extend that
accidental deaths and suicides usually happen.
1. Antihistamines
2. Analgesics (painkillers)
 paracetamol (para-acetylaminophenol, also
known in the US as acetaminophen),
 nonsteroidal anti-inflammatory drugs
(NSAIDs) such as the salicylates,
 Narcotics(opoiod)
3. Tranquilizers
 Barbiturates – Downers, Barbs, Blue Devils,
Yellow Jackets, Yellows, Nembutal, Seconal,
Amytal, TuinalsRED, YELLOW BLUE, or RED
AND BLUE CAPSULES
 Tranquilizers – Valium, LibriuEquanil,
MiltownSerax, TranxeneTABLET or CAPSULE
form

Narcotics(Opoiod) - The term narcotic basically


refers to drugs that produces a depressant
effect on the Central Nervous System. Medically

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they are potent painkillers, cough suppressant


and active component of anti-diarrhea
preparations. Narcotics relieve pain by acting on
specific structures, called receptors, located on
the nerve cells of the spinal cord or brain. The
usual method of administering these drugs into
the body is by injecting, ingestion or inhalation.

KINDS OF NARCOTICS

Opium Poppy - Refers to the flowering plant of


the species papaver somniferum. It is derived
from the Oriental poppy plant which is grown in
Asia and can also be found in other areas such as
Mexico. The plant is usually 3 or 4 feet high, raw
opium is dark brown in color and is bitter in taste.
A number of alkaloids are derived from this
substance, the most of which are morphine,
heroin, and codeine. The plant displays a
beautiful flower that ranges in color from white
to purple.

FIGURE 3.6 OPIUM ON OPIUM POPPY


 OPIUM -Refers to the coagulated juice of the
opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of
opium, whether crude or prepared; the ashes
or refuse of the same; narcotic preparations

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thereof or therefrom; morphine or any


alkaloid of opium; preparations in which
opium, morphine or any alkaloid of opium
enters as an ingredient; opium poppy; opium
poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or
not.
OTHER NAMES: Paregoric, Dover’s powder,
Parepectolin
LOOKS LIKE: Dark Brown Chucks
USED:Smoked; Eaten

Opium Derivative (Opiate)


Morphine - It is the most important alkaloids
and constitutes about 10 % of the use raw
opium. It is converted from raw opium through
a relatively simple boiling and filtering process.
One of the most significant development in
history took place in the early 19th century,
when Friedrich Serturner, a German scientist
isolated morphine from opium.
OTHER NAMES: Pectoral syrup, Sweet
Morpheus
LOOKS LIKE: White Crystals, Hypodermic
Tablets, Injectable Solutions
USED:Smoked ; Taken Orally ; Injected

Codeine- widely used as ingredient of cough


syrup

Heroin - It is the most commonly abused


narcotic in the world. To produce heroin, the

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chemist takes an equal amount of morphine


and acetic anhydride and heats them together
for six hours. It was discovered by Alder Wright
(1896), a British chemist. It promised to cure
addiction from opium and morphine. It is a
white, odorless, crystalline powder with a very
bitter taste.
OTHER NAMES: Smack, Horse, Brown Sugar
Junk, Mud, Big H, Black Tar
LOOKS LIKE: WHITE to DARK BROWN TAR-LIKE
SUBSTANCE
USED:INJECTED or INHALED THOROUGHLY.

Methadone - a synthetic narcotic used as


treatment of heroin dependence but also fallen
to abused. Other than methadone, other most
commonly known synthetic opiate substitute
are meperidine (demerol) and darvon.
OTHER NAMES: Dolly, Dolophine, Amidone
LOOKS LIKE: Solution
USED: Taken Orally; Injected

EFFECTS OF NARCOTICS
 Produced a short-lived feeling of pleasure,
euphoria and a positive sense of wellbeing
known as “thrill”, “rush”, or “high”.
 Constrict pupil of the eye causing difficulty
in vision
 On a large dose, it causes nausea, vomiting,
and difficulty in breathing
 It induces sleep with a slow, shallow
respiration

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 Overdose cause convulsion, followed by


cessation of respiration leading to death

STIMULANTS
Drugs which induce alertness, wakefulness,
elevated mood, increased speech, mental and
motor activity, relieve fatigue or boredom and
decreased appetite.

TYPES OF STIMULANTS:
a. Cocaine - The drug taken from the coca bush
plant. (Ertyroxylon coca) which usually grows in
South America. Cocaine, in its pure form, is also
white and made up of shiny, colorless crystal
and understandably called “snow” in the junkie
jargon. It is one of the strongest short acting
stimulants.

FIGURE 3.7 COCA PLANT


OTHER NAMES:Coke, Snow Flake, White Blow,
Nose, Candy, Big C, Snow-bird, Lady
LOOKS LIKE:White Crystal-line powder (often
diluted)
USED:Inhaled; Injected; Smoked

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Amphetamines - usually prescribed to reduce


b.
appetite and to relieve minor cases of mental
depression. This drug is representative of a
broad class of stimulants known as “pep pills”.
The most common and widely used
preparations of the drug are
methamphetamine, amphetamine sulfate,
dextroamphetamine, which are known and sold
under such trade names as Benzedrine, and
Dexedrine. These drugs achieve their effect by
increasing the amount and activity of the
neurotransmitter (noradrenaline) within the
brain thus causing psychic effects.
OTHER NAMES: Speed, Uppers, Ups, Black
Beauties, Bumblebees, Hearts, Benzedrine,
Dexedrine, Shabu
LOOKS LIKE:Capsules, Pills, Tablets
USED:Taken Orally; Inhaled; Injected

c. Methylenedioxymethamphetamine- (MDMA)-
It is commonly known as “Ecstasy” It is a white,
yellow or brown in color with a bitter taste and
comes in the form of either a tablet, capsule or
powder. Its tablet form comes in various
designs and shapes hence it is dubbed as
“designer drugs”. It was first became popular in
the US as recreational drug, followed later by
European and eventually gained popularity in
other parts of the world including in the
Philippines. Owing to its expensiveness, most
abusers are categorized among the elites,

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yuppies (young urban professionals) and


nocturnal party goers.

d. Methamphetamine hydrochloride- Commonly


known as “shabu”. It is a white odorless and
crystalline powder with bitter taste. It is
popularly known as poor man’s cocaine. It is
considered as the most abused stimulants in the
Philippines. At present, this chemical has no
known medically acceptable use.

EFFECTS OF STIMULANTS:
 Causes irritability, restlessness,
hyperactivity, anxiety etc.
 Impairs judgment and causes deep
depression and physical exhaustion after single
dose of moderate strength wears off
 Causes undesirable, acute psychotic
consequences such as suspiciousness, hostility,
persecutory delusions, violent and destructive
behavior and recklessness.
 Physiological effects like hypertension,
chest pain, irregular heart rate, convulsion and
cardiac arrest leading to death.
HALLUCINOGENS
More popularly known as “psychedelics” , is a
group of natural or synthetic psychoactive drugs
that produce reactions such as perceptual
alterations and changes in the state of
consciousness. These drugs generally produced
marked distortion of the senses and alter the
way time is perceived by the user. They produce
hallucinations or visions, hence the name.

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Chronic use lead to bizarre and anti-social


thoughts as well as to disorientation and
confusion. These drugs work by exciting the
Central Nervous System and inhibiting the flow of
serotonin, an important neurotransmitter in the
brain.

EXAMPLES OF HALLUCINOGENS:

--Lysergic Acid Diethylamide (LSD) - a compound


produced from lysergic acid, a crystalline
substance derived from the fungus
clavicepspurpurea which infects wheat. It was
discovered by Dr. Albert Hoffman while working
in a Swiss Pharmaceutical company. Known on
the street as “acid”, it is the best known and
most potent hallucinogens.
OTHER NAMES: LSD, Acid, Green/Red Dragon,
White Lighting, Blue Heaven, Sugar Cubes,
Microdots
LOOKS LIKE: Bright Colored Tablets, Thin Squares
of Gelatin, Clear Liquid
USED: Taken Orally ; Can be applied to the Eyes

--Mescaline - aka STP which stands for serenity-


tranquility- peace- a drug derived from the dried
tops of the peyote cactus, a small cactus native to
Mexico.

--Psilocybin - hallucinogenic compound obtained


in mushroom, psilocybemexicana.

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--Phencyclidine (PCP)- considered as a menace


and highly dangerous drug because it can be
easily synthesized, this drug has no medical
purpose for humans but it is occasionally used by
veterinarians as an anesthetic and sedative for
animals. It is popularly known as angel dust.

--Marijuana (Cannabis Sativa)- Marijuana is a


Mexican term meaning pleasurable feeling. It is a
mixed preparation of the flowering tops, leaves,
seeds, and stem of the hemp plant. The plant
may grow from 3 to 10 ft high. The flowering tops
of both male and female plant produce a sticky
resin which contains Tetrahydrocannabinol or
THC. It is known as the world oldest cultivated
drugs used by the Incas of Peru.

FIGURE 3.8 CANNABIS SATIVA

Classification of Marijuana
According to the U.S. Army Chemical Laboratory
in Japan, Marijuana may be classified as:
1. “Vietnam Green” – Coming from Southeast
Asia and found to be twice as potent as those
varieties grown in the United States.

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2. “Acapulco Gold” – Grown in Southern Mexico


and may contain as much as 2 to 4% THC
3. “Panama Red” – Grown in the canal zone and
is reputedly the strongest of all.

FIGURE 3.9 PANAMA RED


Special Preparations of Marijuana
1. Hashish or Charas
2. Bhang
3. Ganja
4. Majun
5. Reefers

FIGURE 3.10 HASHISH


EFFECTS OF MARIJUANA
 Faster hear beat and pulse rate
 Blood shot eye
 Dry mouth and throat
 Altered sense of time or disorientation
 Forgetfulness and inability to think
 Impaired reflexes/ coordination

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 Acute panic – anxiety reaction- extreme


fear of losing control

DESIGNER DRUGS-known as synthetic drugs,


research drugs, or research chemicals—are
manufactured to chemically resemble illicit
drugs, but may be purchased legally because
drug manufacturers constantly change the
chemical structure to circumvent drug laws.
DATE RAPE DRUGS: are drugs used to assist in a
sexual assault, which is any type of sexual activity
a person does not agree to. These drugs can
affect you very quickly and cause victims to
become weak, confused, and even pass out. You
may not remember what happened while you
were drugged. Date rape drugs can also cause
seizures and even death.
The most common date rape drugs -- also called
"club drugs" -- are
 flunitrazepam (Rohypnol), also called
roofies;
 gamma hydroxybutyric acid (GHB), also
called liquid ecstasy;
 ketamine, also called Special K. These drugs
may come as pills, liquids, or powders.
 Alcohol

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FIGURE 3.11 STREET PRICE OF ILLEGAL DRUGS


(per gram)

THE NATIONAL CAMPAIGN STRATEGIES


AGAINST DRUGS
1. DEMAND REDUCTION
Concept: program which discourage the people
from using drugs to lessen the availability of
drugs in the market
How:
-Preventive education and community
involvement
-Prevent people from using drugs and involve the
community in the anti-drug campaign
-Educate the public about the evils of using drugs
-Public information campaign
-Involves the DOH (spreading pamphlets and
posters about the bad effects of dangerous
drugs)
-Treatment and rehabilitation of drug
dependents
-If users are rehabilitated, it is expected that they
stop using drugs

2. SUPPLY REDUCTION
-Intelligence workshops
-Meeting of the intelligence community
-Presenting of all intelligence available related to
drugs
-Consolidate and integrate all presented
intelligence (force multiplier)
-Neutralization of transnational drug group
-Neutralization of local drug group

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-Arrest of foreign and local drug personalities


-Filing of cases in court
-Seizures of dangerous drugs, controlled
precursors, essential chemical and laboratory
-Dismantling of shabu laboratories and chemical
warehouses

3. INTER-AGENCY COORDINATION (relationship


with other agencies)
-Establish MOA with other agency
-Detail of personnel of different law enforcement
agencies to PDEA
-Uses of facilities and resources of PDEA
-MOA with NGO
-Text versus drugs thru Journal group
publications
-Conference workshops on effective drug
prevention and control

4. INTERNATIONAL COOPERATION
-International interdiction
-Coordination with INTERPOL
-Linkages with the ASEAN Community
-UN Anti-Drug Convention

CONTROLLED DELIVERY-The technique of


allowing illicit or suspect consignment of
dangerous drugs, through knowledge and under
the supervision of their competent authorities
and with a view of identifying persons involved in
the commission of drug related offenses.

The Golden Triangle

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The Golden Triangle is one of Asia's two main


opium-producing areas. It is an area of around
950,000 square kilometers that overlaps the
mountains of three countries of Southeast Asia:
Myanmar (Burma), Laos and Thailand.

The Golden Crescent


The Golden Crescent is the name given to one
of Asia’s two principal areas of illicit opium
production located at the crossroads of Central,
South, and Western Asia. This space overlaps
three nations, Afghanistan, Iran, and Pakistan,
whose mountainous peripheries define the
crescent.

The Silver Triangle


The three countries that form the “silver
triangle” of cocaine production in the Andean
region are Peru, Bolivia and Columbia.

What is Drug Cartel?


A drug cartel is any criminal organization with
the intention of supplying drug trafficking
operations. They range from loosely managed
agreements among various drug traffickers to
formalized commercial enterprises. The term
was applied when the largest trafficking
organizations reached an agreement to
coordinate the production and distribution of
cocaine.

What are the Four Basic Structure of Drug


Cartel?

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 Falcons (Spanish: Halcones): Considered the


"eyes and ears" of the streets, the "falcons" are
the lowest rank in any drug cartel. They are
responsible for supervising and reporting the
activities of the police, the military, and rival
groups.
 Hitmen (Spanish: Sicarios): The armed group
within the drug cartel, responsible for carrying
out assassinations, kidnappings, thefts,
extortions, operating protection rackets, and
defending their plaza (turf) from rival groups
and the military.
 Lieutenants (Spanish: Lugartenientes): The
second highest position in the drug cartel
organization, responsible for supervising the
hitmen and falcons within their own territory.
They are allowed to carry out low-profile
executions without permission from their
bosses.
 Drug lords(Spanish: Capos): The highest position
in any drug cartel, responsible for supervising
the entire drug industry, appointing territorial
leaders, making alliances, and planning high-
profile executions.

Drug Courier
Drug mules or “drug couriers” are individuals
who transport dangerous drugs in exchange for a
huge amount of money, depending on the
amount of drugs to be delivered and the
route/distance to be traveled.
Over the years, the emerging trend in
transporting illegal drugs using “drug couriers”

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has become a worldwide concern because it


poses serious threats to health, it violates human
rights and it cultivates illegal activities and other
crimes such as trafficking and prostitution.
It has been a noticeable trend that more
female Filipino drug couriers are being exploited
by drug trafficking syndicates. Women are usually
targeted by syndicates since they generally
generate mild suspicion from authorities and the
female body has more cavities possible to insert
the drugs in, therefore posing less detection risk.

Methods of Concealment
Abroad
Hidden in luggage/suitcases (38%)
Ingestion/Swallowing (29%)
Placed in shoes (7%)
Placed in bottom part of luggage (5%)
Placed inside handbag (4%)
Others (17%): Undergoing minor operation,
placing in shoeboxes/books/bottles/parcels, etc.

Philippines
Heroin (1%)
Cocaine (18%)
Shabu (81%)
Arrested Drug Couriers in the Philippines had a
similar method of concealing illegal drugs; hidden
in side panels of their luggage and false
compartments

PHILIPPINE DRUG ENFORCEMENT AGENCY

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RA9165
SECTION4. IMPORTATION OF DANGEROUS
DRUGS Penalty - life imprisonment and fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)

IMPORTATION OF ANY CONTROLLED


PRECURSOR AND ESSENTIAL CHEMICALPenalty
- 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)

MAXIMUM PENALTY FOR THE FOLLOWING:


Import or bring into the Philippines any
dangerous drug and/or controlled precursor
and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any
other means involving his/her official status
intended to facilitate the unlawful entry of the
same.
Organizes, manages or acts as a "financier" of
any of the illegal activities

PROTECTOR OR CUDDLER of any violator of this


provision shall be penalized by Twelve (12)
years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)

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SECTION 5. SALE, TRADING, ADMINISTRATION,


DISPENSATION, DELIVERY,DISTRIBUTION AND
TRANSPORTATION OF DANGEROUS DRUGS
Penalty - Life imprisonment and fine ranging
from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)

CONTROLLED PRECURSOR AND ESSENTIAL


CHEMICALS
Penalty – 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)

MAXIMUM PENALTY FOR THE FOLLOWING:


Transpires within one hundred (100) meters
from the school.
Used of minor or a mentally incapacitated
individual, or should a dangerous drug and/or a
controlled precursor and essential chemical
involved in any offense herein provided be the
proximate cause of death of a victim.
Financier

SECTION 6. MAINTAINANCE OF A DEN,DIVE OR


RESORT INVOLVING DANGEROUS DRUGS
Penalty – life imprisonment and a fine ranging
from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)

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The penalty of imprisonment ranging from


twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall
maintain a den, dive, or resort where any
controlled precursor and essential chemical is
used or sold in any form.

SECTION8. MANUFACTURE OF DANGEROUS


DRUGS AND/OR CONTROLLED PRECURSOR
AND ESSENTIAL CHEMICALS
Penalty for Manufacture of Dangerous drugs-
life imprisonment and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)
Penalty for manufacture any controlled
precursor and essential chemical - 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)

NOTE:The presence of any controlled precursor


and essential chemical or laboratory equipment
in the clandestine laboratory is a prima facie
proof of manufacture of any dangerous drug.

AGGRAVATINGCIRCUMSTANCES
 If the clandestine laboratory is established in
the ff. circumstances:

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o Conducted in the presence or with the help


of minor/s:
o Established within one hundred (100)
meters of a residential, business, church or
school premises
o Secured or protected with booby traps
o Concealed with legitimate business
operations
o Employment of a practitioner, chemical
engineer, public official or foreigner

SECTION 11: POSSESSION OF DANGEROUS


DRUGS

Possession of Dangerous Drugs regardless of


purity - penalty provided life imprisonment and
a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00).
 10 grams or more of opium, morphine, heroin,
cocaine/ cocaine hydrochloride, marijuana resin
or oil, LSD, GHB, MDMA,
 50 grams or more of shabu
 500 grams or more of marijuana

Penalty- Life imprisonment and fine ranging from


Php 400,000.00 to Php 500,000.00:
 If the quantity of shabu is ten (10) grams but
not more than 50 grams

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Penalty - Imprisonment of 20 years and 1 day to


life imprisonment and fine ranging from Php
400,000.00 to Php 500,000.00:
 If 5 grams or more but less than 10 grams of any
Dangerous DrugsÒ300 grams or more of
marijuana but less than 500 grams.

Penalty- imprisonment of 12 years and 1 day to


20 years and a fine ranging from Php
300,000.00 to Php 400,000.00:
 If the quantity of dangerous drugs are less than
5 grams.If the quantity of Marijuana is less than
300 grams.

SECTION12: POSSESSION OF THE EQUIPTMENT,


INSTRUMENT OR APPARATUSAND OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS

Penalty - imprisonment ranging from six (6)


months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos
(P50,000.00):
 The possession of such equipment, instrument,
apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in
the preceding paragraph shall be prima facie
evidence that the possessor has smoked,
consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and
shall be presumed to have violated Section 15
of this Act.

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SECTION 15: USE OF DANGEROUS DRUGS


A person apprehended or arrested, who is
found to be positive for use of any dangerous
drug, after a confirmatory test, shall be imposed
a penalty of a minimum of six (6) months
rehabilitation in a government center for the first
offense.
If apprehended using any dangerous drug for
the second time, he/she shall suffer the penalty
of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00)
to Two hundred thousand pesos (P200,000.00):
Provided, That this Section shall not be applicable
where the person tested is also found to have in
his/her possession such quantity of any
dangerous drug provided for under Section 11 of
this Act, in which case the provisions stated
therein shall apply.

SECTION 16: CULTIVATION OF


PLANTSCLASSIFIED AS SOURCE OF DANGEROUS
DRUGS
Penalty- Life imprisonment and fine ranging
fromFive hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)

SECTION 21:CUSTODY AND DISPOSITION OF


CONFISCATED/SIEZED AND/OR SURRENDERED
DANGEROUS DRUGS, PLANT SOURCES OF
DANGEROUS DRUGS, CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICALS,

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INSTRUMENTS, PARAPHERNALIA AND/OR


LABORATORY EQUIPTMENT.
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:
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;
 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;
Ò A certification of the forensic laboratory
examination results, which shall be done under
oath by the forensic laboratory examiner, shall

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be issued within twenty-four (24) hours after


the receipt of the subject item/s.
`That a final certification shall be issued on the
completed forensic laboratory examination on
the same within the next twenty-four (24) hours
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, 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 representative
from the media and the DOJ, civil society groups
and any elected public official

SECTION 38: LABORATORY EXAMINATION OR


TEST ON APPREHENDED / ARRESTED
OFFENDERS
Any person apprehended or arrested for
violating the this Act shall be subjected to
screening laboratory examination or test within
twenty-four (24) hours, if the apprehending or
arresting officer has reasonable ground to
believe that the person apprehended or
arrested, on account of physical signs or
symptoms or other visible or outward

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manifestation, is under the influence of


dangerous drugs.
 If found to be positive, the results of the
screening laboratory examination or test shall
be challenged within fifteen (15) days after
receipt of the result through a confirmatory
testconducted in any accredited analytical
laboratory equipment with a gas
chromatograph/mass spectrometry equipment
or some such modern and accepted method, if
confirmed the same,shall be prima facie
evidence that such person has used dangerous
drugs, which is without prejudice for the
prosecution for other violations of the
provisions of this Act: Provided, That a positive
screening laboratory test must be confirmed for
it to be valid in a court of law

DANGEROUS DRUGS BOARD


It shall be composed of 17 members wherein:
3 of which are permanent members,
12 members shall be ex- officio
capacity;Secretary of the following
Department DOJ, DOF, DOH, DND,
DOLE, DepEd, DILG, DFA, DSWD
Chairman CHED, NYC
Dir. General of PDEA
2 regular members

 President of Integrated Bar of the Philippines


 Chairman or President of a non- government
organization involved in dangerous drug
campaign to be appointed by the President.

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 The Director of NBI and Chief PNP shall be the


permanent consultant of the DDB.

JURISDICTION OVER DANGEROUS DRUG CASES


The Supreme Court shall designate special
courts from among the existing RTC in each
judicial region to exclusively try and hear cases
involving violation of RA 9165.
The DOJ shall designate special prosecutors to
exclusively handle cases involving violation of
RA 9165.

Broadening Campaigns and Strengthening


Advocates
Community outreach programs and advocacy
programs are constantly conducted in different
key settings such as schools, communities, and
workplaces. During these activities, members of
the DDB staff serve as resource speakers
orienting the participants on the country’s drug
abuse problem, the ill effects of drug abuse and
the legal consequences of being involved in illegal
drugs activities.

Barkada Kontra Droga (BDD, Peer Groups Against


Drugs)
As an effective peer-based preventive
education and information program to counter
the dangers and ill effects of drug abuse, the
Board has institutionalized the BKD program in
order to enlist the participation of more in and
out-of school youth, and eventually organize
them into a movement of young people who are

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catalysts within their peer groups in advocating a


healthy, drug-free lifestyle. As of this year, there
are 50, 277 BKD members from 251 chapters
nationwide. The DDB has also launched the
“Nationwide Search for the Best BKD Program”.

National Youth Congress on Drug Abuse


Prevention and Control
This annual three-day live in Congress is
designed to provide an open and comfortable
atmosphere for fun, real work and innovative
strategic planning to address the drug problem in
the respective localities of the youth participants.
A team of anti-drug advocates and facilitators
provide participants the opportunity for positive
discussions/dialogues, structured learning
activities, workshops, and inputs. The team
approach is employed throughout the congress
to foster teamwork, learning, camaraderie and
harmonious relationship of youth delegates.

What is the difference between DDB


Certification and Certificate of Exemption?
A DDB certification is issued to attest that
substance/s manufactured or imported by
companies are not included in the list of
dangerous drugs and controlled precursors and
essential chemicals. A Certificate of Exemption,
on the other hand, is issued to exempt products/
preparations containing dangerous drugs and/ or
controlled substances that are below and above
the 30% threshold from certain regulatory

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control measures (Board Regulation No. 3, Series


of 2003).

Can dangerous drugs be prescribed for


therapeutic purposes?
A licensed practitioner could prescribe,
administer, or dispense dangerous drugs for
therapeutic purpose to a person diagnosed and
treated for a condition resulting in intractable
pain provided that this diagnosis and treatment
have been documented in the practitioner’s
record. The prescription cannot exceed 100
dosage units or a 31-day supply, whichever is
higher.

What is treatment and rehabilitation process?


This is a component under the drug demand
reduction pillar which aims to reintegrate into
the society recovering drug dependents. A
chance to be treated and rehabilitated is afforded
to those who have fallen prey to drugs. Through
the use of effective treatment modalities, drug
dependents are being trained to kick out the
habit and become productive citizens of the
country once again.

What is “treatment modality?”


Drug treatment modality is the model or
approach in the treatment of drug dependents
utilized by treatment and rehabilitation centers:
Multidisciplinary Team Approach is a method
in the treatment and rehabilitation of drug
dependents which avails of the services and skills

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of a team composed of psychiatrist, psychologist,


social worker, occupational therapist and other
related disciplines in collaboration with the
family and the drug dependent.
Therapeutic Community Approach views
addiction as a symptomatic manifestation of a
more complex psychological problem rooted in
an interplay of emotional, social, physical and
spiritual values. It is a highly structured program
wherein the community is utilized as the primary
vehicle to foster behavioral and attitudinal
change. The patient receives the information and
the impetus to change from being a part of the
community. Role modeling and peer pressure
play significant parts in the program.
The goal of every therapeutic community is to
change the patients’ self-destructive thinking and
behavioral pattern, teach them personal
responsibility, positivize their self-image, create a
sense of human community and provide an
environment in which human beings can grow
and take responsibility and credit for the growth.
Hazelden-Minnesotta Model views addiction
as a disease, an involuntary condition caused by
factors largely outside a person’s control. The
program consists of didactic lectures, cognitive-
behavioral psychology, Alcoholic Anonymous
principles / Twelve Steps Principles and biblio-
theraphy. It aims to treat patients with chemical
dependency, endorsing a set of values and beliefs
about the powerlessness of people over drug
taking and turning to a Higher Power to help
them combat the disease. In this modality,

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counsellors and patients collaborate in defining


the path to recovery.
Spiritual Approach uses the Bible as the
primary source of inspiration to change. It views
drug addiction as a sin and encourages the
patients to turn away from it and renew their
relationships with the Lord.
Eclectic Approach aims at applying a holistic
approach in the rehabilitation program. The
spiritual and cognitive components of the Twelve
Steps complement the behavioural aspects of the
Therapeutic Community. The skills and services of
rehabilitation professionals and
paraprofessionals are made available. In doing
so, different personality aspects of drug
dependants are well addressed geared towards
their rehabilitation and recovery.

Barangay Drug Clearing Program


 Chapter IV, Section 39, paragraph 20 of RA
No. 7160 – Barangays shall adopt measures
towards the prevention and eradication of drug
abuse.
 DILG MC No. 2015-063 – revitalization of
Barangay Anti-Drug Abuse Councils (BADAC).
 Board Resolution No. 3, Series of 2017 –
Strengthening the implementation of drug
clearing program

Composition of BADAC
 Chairperson: Punong Barangay
 Vice-Chairperson: Kagawad (Chairman of
POC)

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 Members: Kagawad (Chairman of Women


and Family)
 SK Chairman
 Public School Principal or Representative
 Ex-O/Chief Tanod
 Representative of NGO/civic society
 Representative of Faith-Based Organization
 Adviser: City/Municipal
COP/Representative
 Twenty one (21) powers and functions of
BADAC

 Conduct of Barangay Drug-Clearing


Operations
1. Pre-Operation Phase
2. Operation Phase
3. Post-Operation Phase

 Classification of Barangays
1. Drug Unaffected Barangay – has not ever
been plagued or beset by illegal drug activities.
2. Drug Affected Barangay – has reported
presence of illegal drug activities, e.g. drug user,
pusher, manufacturer, marijuana cultivator and
other drug personality, drug den, etc…
a. Seriously Affected – reported presence of
any of the following: clandestine drug
laboratory, warehouse, drug den/tiangge, drug
trafficking or smuggling activities, and drug
personalities.
b. Moderately Affected – reported presence
of drug pusher/s and/or user/s.

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c. Slightly Affected – reported presence of


drug user/s.
3. Drug Cleared Barangay – classified
previously as drug affected and subjected to
drug clearing operation and declared free from
any illegal drug activities.
 Fourteen parameters for declaring “drug-
cleared” status of drug affected barangays
(Section 8, BR No. 3, Series of 2017)

 What is Operation “Lawmen”?


 This is the reward or award program for
law enforcers or members of the anti-illegal
drug units/teams or task forces including the
support unit/s pursuant to Section 22 of RA No.
9165 and in accordance with the parameters
provided in this regulation (Board Resolution
No. 2, Series of 2016) to effectively implement
the provisions of RA No. 9165.

Program for Treatment and Rehabilitation of


Drug Dependents
 Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation
(Section 54)
 Exemption from the Criminal Liability under the
Voluntary Submission Program (Section 55)
 Temporary Release from the Center; After-Care
and Follow-Up Treatment under the Voluntary
Submission Program (Section 56)
 Probation and Community Service under the
Voluntary Submission Program (Section 57)

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 Filing of Charges Against a Drug Dependent


Who is Not Rehabilitated under the Voluntary
Submission Program (Section 58)
 Escape and Recommitment for Confinement
and Rehabilitation under the Voluntary
Submission Program (Section 59)
 Confidentiality of Records under the Voluntary
Submission Program (Section 60)
 Compulsory Confinement of a Drug Dependent
Who Refuses to Apply Under the Voluntary
Submission Program (Section 61)
 Compulsory Submission of a Drug Dependent
Charged with an Offense to Treatment and
Rehabilitation (Section 62)
 Prescription of the Offense Charged Against a
Drug Dependent under the Compulsory
Submission Program (Section 63)
 Confidentiality of Records under the
Compulsory Submission Program (Section 64)
 Duty of the Prosecutors in the Proceedings
(Section 65)
 Suspension of Sentence of a First-Time Minor
Offender (Section 66)
 Discharge after Compliance with Conditions of
Suspended Sentence of a First-Time Minor
Offender (Section 67)
 Privilege of Suspended Sentence to be Availed
of Only Once by a First-Time Minor Offender
(Section 68)
 Promulgation of Sentence for First-Time Minor
Offender (Section 69)

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 Probation or Community Service for a First-Time


Minor Offender in Lieu of Imprisonment
(Section 70)
 Records to be kept by the Department of Justice
(Section 71)
 Liability of a Person Who Violates the
Confidentiality of Records (Section 72)
 Liability of a Parent, Spouse or Guardian Who
Refuses to Cooperate with the Board or any
Concerned Agency (Section 73)
 Cost-Sharing in the Treatment and
Rehabilitation of a Drug Dependent (Section 74)
 Treatment and Rehabilitation Centers (Section
75)

FIRE TECHNOLOGY AND


ARSON INVESTIGATION

Personalities and their Inventions:


JOHN WALKER - English Pharmacist, invented the
first match in 1827.
ANTOINE LAVOISIER - French Chemist who
proved in 1777 that burning is the result of the
rapid union of oxygen with other substances.
THOMAS ALVA EDISON - American inventor who
was able to send an electric current through a
carbon filament (wire) until the filament
became so hot that it gave off light

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COMBUSTION (scientific word for burning)


 A high-temperature exothermic redox
chemical reaction between a fuel and an
oxidant.
 Complex sequence of chemical reactions
between fuel and oxidant accompanied by
the production of heat or both heat and
light in the form of either a glow or flame

FIRE
 Active principle of burning characterized by
heat and light of combustion (RA NO 9514)
 The heat and light that comes from burning
substances it is produced by the combustion of
substances.
 It is the manifestation of rapid chemical
reaction occurring between a combustible
matter and an oxidizer.
 This reaction releases energy in the form of
heat and light.
 Rapid Oxidation of a material in exothermic
chemical process of combustion releasing
heat, light and various reaction products.

EXPLOSION
 A rapid increase in volume and release of
energy in an extreme manner, usually with
the generation of high temperatures and
the release of gases.
 The sudden combustion accompanied by
light, heat, abrupt noise and pressure.

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FIRE TECHNOLOGY - It is the application of the


results of the basic research and of engineering
principles to the solution of practical fire
protection problems, but entailing, in its own
right, research into fire phenomena and fire
experience (thefreedictionary.com).

FIRE TRIANGLE
Three things are required in order to initiate a
fire.
1. FUEL –Any substance which reacts chemically
with oxygen and produces flames.
2. HEAT – source of ignition, usually heat or a
spark. Heat sources include, open flame, hot
surfaces, sparks and arcs, friction chemical
action, electrical energy and compression of
gases.
3. OXYGEN (Oxidizing Agent) a colorless, odorless
gas and one of the compositions of air which is
approximately 21% percent by volume.

4. FIRE TETRAHEDRON -it refers to a geometric


representation of what is required for fire to
exist, namely, fuel, an oxidizing agent, heat, and
an uninhibited chemical reaction.
 The introduction of Chain Reaction converts
the Fire Triangle into a Fire Tetrahedron –
this makes fire continue to burn (or sustain
combustion). Removing any one of the four
elements of the tetrahedron extinguishes
the fire.

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The process of PYROLYSIS (thermal


decomposition)
 “chemical decomposition of matter through
the action of heat”. In this case, the
decomposition causes a change from a
solid state to vapor state. Of the vapor
mixes sufficiently with air and heated to
high temperature, combustion results.

Basic Concept/Theory
•To burn a fuel, its temperature must be raised
(increased) until ignition point. Before a
combustible matter starts to burn, it has to be
exposed to a certain degree of temperature.
•When the temperature is very high, it releases
highly combustible vapors known as FREE
RADICALS (combustible vapors such as
Hydrogen gas, Carbon monoxide, Carbon
dioxide, and Nitrogen).
•Endothermic Reactions – changes whereby
energy (heat) is absorbed or is added before the
reaction takes place.
•Exothermic Reactions – those that release or
give off energy (heat) thus they produce
substances with less energy than The reactants.

FIGURE 4.1 ENDOTHERMIC VS EXOTHERMIC

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•Oxidation – a chemical change that is


exothermic, a change in which combustible
material (fuel) and an oxidizing agent (air),
react. Example of oxidation is combustion which
is the same as actual burning (rapid oxidation)

MODES OF COMBUSTION
•Surface Mode (GLOWING COMBUSTION–
manifested by embers) – fire triangle
•Flaming Mode (GAS PHASED Combustion –
flame) – fire tetrahedron

FIGURE 4.2 GLOWING COMBUSTION

PRODUCTS OF COMBUSTION
-Fire Gases - It refers to those products that
remain when other products of combustion cool
to normal temperature
-CO
-CO2
-Hydrogen gas
-Nitrogen
-Other poisonous gases - Hydrogen Sulfide (H2S),
Hydrogen Cyanide (HCN), Hydrogen Chloride
(HCL)
-Flame - The luminous (radiant) body of a burning
gas. It is the manifestation of fire when the fire is
in its gas phased combustion. flames are

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incandescent (very bright/glowing with intense


heat) gases. It is a combustion product and a
manifestation of fire when it is in its gas-phased
combustion.
-Heat - a form of energy generated by the
transmission of some other form of energy, it is
the product of combustion that spread the fire.
-Smoke - a visible product of incomplete
combustion, a mixture of oxygen, nitrogen, CO,
CO2 and finely divided particles released from
the burning material.

TYPES OF FLAME

A. Based on Color and Completeness of


Combustion
•Luminous Flame – is orange-red, deposit soot
at the bottom of a vessel being heated due to
incomplete combustion and has a low
temperature.
•Non-Luminous Flame – is blue, there is
complete combustion of fuel and has relatively
high temperature.

B. Based on Fuel and Air Mixture


•Premixed Flame – is exemplified by a
Bunsentype laboratory burner where
hydrocarbon (any substance containing
primarily carbon and hydrogen) is thoroughly
mixed with air before reaching the flame zone.

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•Diffusion Flame – is observed when gas (fuel)


alone is force through a nozzle into the
atmosphere which diffuses in the surrounding
atmosphere in order to form a flammable
mixture. The flame of the oxyacetylene torch
(diffused – dispersed, widely spread)

FIGURE 4.4 DIFFUSION VS PREMIXED FLAME

C. Based on Smoothness
 Laminar Flame – (Smooth Flame) particle
follows smooth through a gaseous flame.
 Turbulent Flame – (Rough Flame)
unsteady, irregular flows.

FIGURE 4.5 LAMINAR VS TURBULENT FLAME

Physical properties

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 Specific Gravity – the ratio of the weight of a


solid or liquid substance to the weight of an
equal volume of water.
 Vapor density – the weight of a volume of
pure gas composed to the volume of dry air at
the same temperature and pressure.
 Vapor Pressure – the force exerted by the
molecules on the surface of a liquid.
 Temperature – the measure of the degree of
thermal agitation of molecules.
 Boiling Point – the constant temperature at
which the vapor pressure of the liquid is equal
to the atmospheric pressure.
 Ignition/Kindling temperature – the minimum
temperature at which the substance must be
heated in order to initiate combustion.
 Flash point- flash point of a volatile material is
the lowest temperature at which vapors of the
material will ignite, when given an ignition
source.
– the temperature at which a flammable liquid
forms a vapor-air mixture that ignites (mixture
with in the explosive range).
 Fire point -lowest temperature at which
vapors of the material will keep burning after
the ignition source is removed
– the lowest temperature of a liquid in an
open container at which vapors are evolved
fast enough to support combustion.

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FIGURE 4.6 FLASH POINT VS FIRE POINT

A. FUELS (Combustible Materials) - It refers to


material or substance being burned in the
combustion process.
 Combustible, Flammable or Inflammable -
Descriptive of materials that are easily set on
fire.
 Combustible Liquid - Any liquid having a flash
point at or above 37.8_C (100_F).

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

 Corrosive Liquid - Any liquid which causes fire


when in contact with organic matter or with
certain chemicals.

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 Hypergolic Fuel - A rocket or liquid propellant


which consist of combinations of fuels and
oxidizers which ignite spontaneously on
contact with each other.
 Pyrophoric - Descriptive of any substance that
ignites spontaneously when exposed to air.
 Cryogenic - Descriptive of any material which
by its nature or as a result of its reaction with
other elements produces a rapid drop in
temperature of the immediate surroundings.
B. HEAT - Energy component of fire tetrahedron,
-when heat comes into contact with a fuel, the
energy supports the combustion reaction
•Heat is the energy possessed by a fuel due to
its molecular activity.
•This heat energy has to exceed the minimum
level of the fuel to release fuel vapors and
cause ignition.
•The measurement of intensity is called
TEMPERATURE - is the measurement of the
degree of thermal agitation of molecules
 INTENSITY –Rate of temperature of fire.

WAYS TO PRODUCE HEAT


•Chemical – chemically produced heat is the
result of rapid oxidation.
•Mechanical – mechanical heat is the product
of friction. The rubbing of two sticks together
to generate enough heat is an example.
•Electrical – electrical heat is the product of
arcing, shorting or other electrical
malfunction. Poor wire connections, too much
resistance, a loose ground, and too much

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current flowing through an improperly sized


wire are other sources of electrical heat.
•Compressed gas – when a gas is compressed,
its molecular activity is greatly increased
producing heat.
•Nuclear – Nuclear energy is the product of the
splitting or fusing of atomic particles (Fission
or fusion respectively).

MODES OF HEAT TRANSFER


•Conduction – it is the transfer of heats by
molecular activity within a material or medium,
usually a solid. Direct contact is the underlying
factor in conduction.
•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.
•Radiation – radiated heat moves in wave and
rays much like sunlight. Radiated heat travels
the speed, as does visible light: 186,000 miles
per second. It is primarily responsible for the
exposure hazards that develop and exist during
a fire.

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FIGURE 4.7 MODES OF HEAT TRANSFER

3. OXIDIZING AGENT– Oxidizing agents are those


materials that yield oxygen or other gasses
during the process of a chemical reaction.
Oxygen - common oxidizing agent Oxygen
sources: Oxygen requirements: 21% of normal
oxygen 12% no fire 78% nitrogen 14% to 15 %
flash point 1% other gases 16 to 21% fire point

TYPES OF FIRE

1. BASED ON CAUSED

A. NATURAL FIRE
•Spontaneous heating – the automatic
chemical reaction that results to spontaneous
combustion due to autoignition of organic
materials, the gradual rising of heat in a
confined space until ignition temperature is
reached.
•Lightning – a form of static electricity; a
natural current with a great magnitude,
producing tremendous amperage and voltage.
Lightning usually strikes objects that are better
electrical conductors than air. It can cause fire
directly or indirectly. Indirectly when it strikes
telephone and other transmission lines,
causing an induced line surge.
•Radiation of Sunlight – when sunlight hits a
concave mirror, concentrating the light on a
combustible material thereby igniting it.

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B. ACCIDENTAL FIRE
•Carelessly discarded cigarettes
•Careless disposition of readily combustible
materials
•Electrical accidents
•Short Circuit – unusual or accidental
connections between two points at different
potentials (charge) in an electrical circuit of
relatively low resistance.
•Arcing (Electrical Arc ) – the production of
sustained luminous electrical discharge
between separated electrodes; an electric
hazard that results when electrical current
crosses the gap between 2 electrical
conductors. An extremely hot luminous bridge
formed by passage of an electric current
across a space between two conductors or
terminals due to the incandescence of the
conducting vapor.

FIGURE 4.8 ARCING

•Sparking – production of incandescent


particles when two different potentials
(charged conductors) come in contact; occurs
during short circuits or welding operations.
•Induced Current – induced line surge –
increased electrical energy flow or power

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voltage; induced current; sudden increase of


electrical current resulting to the burning of
insulating materials, explosion of the fuse box,
or burning of electrical appliances.
•Overheating of electrical appliances – the
increase or rising of amperage while electric
current is flowing in a transmission line
resulting to the damage or destruction of
insulating materials, maybe gradual or rapid,
internal or external.
 Overloading - The use of one or more
electrical appliances or devices which draw
or consume electrical current beyond the
designed capacity of the existing electrical
system.
 Jumper - A piece of metal or an electrical
conductor used to bypass a safety device in
an electrical system.

C. INTENTIONAL OR INCENDIARY When all the


accidental and natural causes have been
eliminated, the investigator must begin to look
for an incendiary. If in the burned property,
there are arrangements or hint of accelerant,
plants and trailers, then the cause of fire is
intentional.
•Accelerant – A combustible liquid like highly
flammable chemicals that are used to facilitate
or hasten flame propagation such as: gasoline,
paint thinner and lighter fluid.
•Plant – are devices which are designed to ignite
combustible material sometime after the
initiating action. The arsonist therefore will have

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the opportunity to escape from the premises.


These are:
•Heating appliances- Like flat iron placed in
contact with combustible materials and
abandoned until fire starts.
•Mechanical devices
•Clock mechanism which can be arranged so that
a movement starts the fire
•Altered equipments such as broken pipes on oil
burner or sprinkler systems in which
combustible fluid has been placed.
•Trailer – It refers to a device utilized by the
arsonist in order to spread the fire within the
room or throughout the structure.

2.BASED ON BURNING FUEL


-Class A Fire – Ordinary fires; this is the type of
fire caused by ordinary combustible materials.
-Class B Fire – Liquid fires; they are caused by
flammable and or combustible liquids
-Class C Fire – Electrical fires; they are fires that
starts in live electrical wires, equipment, motors,
electrical appliances and telephone
switchboards.
-Class D Fire – Metallic fires; fires that result from
the combustion of certain metals in finely divided
forms.
-CLASS E fires: Involves Nuclear Power or Atomic
fission.
-CLASS K fires: Involves Combustible Cooking
Media, such as: Vegetable or Animal Oils and
Fats.

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FIGURE 4.9 CLASSES OF FIRE


•Thermal Balance- rising movement or pattern of
the fire; the normal behavior when the fire is
undisturbed.
•Thermal Imbalance - abnormal movement of
fire due to interference of foreign matter.
Thermal imbalance often confuses the fire
investigator in determining the exact point
where the fire originated.
•Flashover – the sudden ignition of accumulated
radical gases produced when there is
incomplete combustion of fuels.
•Fireballs - very intense fire that is capable of
causing flames to jump at a certain distance in
the form of fireball.
•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 lighting.
•Back draft – sudden and rapid (violent) burning
of heated gases in a confined area that occurs in
the form of explosion.

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 CONFLAGRATION- An extremely large fire that


consumes a quarter or a half of a city or
municipality.

STAGES TEMPERATURE BEHAVIOR Base Area


Ceiling Area

1.Initial/ Incipient
 400 0F to 80 0F 200 0F
 The beginning of Fire.
 The products of Pyrolysis are mostly water
vapors and carbon monoxide and sulfur dioxide.
 Minute quantities of carbon monoxide and
sulfur dioxide.
 The room temperature is normal and as beat
from fire rises, the ambient temperature cools.

2. Free Burning Phase


 800 0F to 1,000 0F 1,200 0F to 1, 600 0F
 As the fire continues to burn and build up heat,
the pyrolytic process accelerates.
 The thermal column of fire begins to develop
and the heat rises.
 Created the burnt patterned called fingerprint
of fire.
 Produced inverted cone pattern by which the
bottom is usually the origin of fire.
 Maximum heat and destructive capability of fire
develop.

3.Smoldering Phase
 4600F 1,000 0F to 1,3000 F

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 Oxygen drops to 13% or below causing the


flame to vanish and the heat to develop in
layers.
 Produced Carbon Monoxide.
 Fire Area contains large quantities of
superheated fuel under pressure but little
oxygen.
 When sufficient supply of oxygen is introduced,
BACKDRAFT occurs.

Fire Extinguishment Theory: "To extinguish a fire,


interrupt or eliminate the supply of any or all of
the elements of fire." Fire can be extinguished
by reducing/ lowering the temperature,
eliminating the fuel supply, or by stopping the
chemical chain reaction.”

A. COOLING
•Temperature reduction
•it uses an extinguishing agent whose
characteristics is heat absorption
•The temperature of the substance is lowered
below the burning point by using an
extinguishing agent.
•H2O is the best general cooling agent METHODS
OF FIRE EXTINGUISHMENT

B. SMOTHERING
•Oxygen Dilution
•The oxygen content of air is reduced below 15%
in volume by using chemicals, fog, blankets. Etc.
•Excluding oxygen from the fuel in such a way
fuel cannot ignite and start ignition.

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•CO2 is the best agent for this purpose.

FIGURE 4.10 SMOTHERING WITH BLANKET

C. SEPARATION
•Fuel Removal
•Elimination of the fuel supply/ source

D. INTERRUPTION OF CHEMICAL REACTION


•Chemical Inhibition
•Interrupt the production of flame resulting to
rapid extinguishment of the fire.
•This method is effective only on burning gas and
liquid fuels as they cannot burn in smoldering
mode of combustion.

METHODS OF EXTINGUISHING THE CLASSES OF


FIRE
1. CLASS A FIRE
•Quenching and cooling
•water is the best agent in cooling the burning
solid materials;
•water has a quenching effect that can reduce
the temperature of a burning material below its
ignition temperature
2. CLASS B FIRE

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•smothering or blanketing
•This type of fire is put or controlled by foam,
loaded stream, carbon dioxide, dry chemical
and vaporizing liquid.
3. CLASS C FIRE
•controlled by a non-conducting extinguishing
agent
•Always de-energize the electrical circuit.
•Extinguishers that should be used to put out
these types of fires are Carbon Dioxide
Extinguishers, Dry Chemical, Vaporizing liquids.
4. CLASS D FIRE
•Special extinguishing agents marked specifically
for metals.
•GE type, meth LX, Lith X, Meth L, Kyl, dry sand
and dry talc can put out class D fires

FIRE EXTINGUISHER
•It is a mechanical device, usually made of metal,
containing chemicals, fluids, or gases for
stopping fires.
•Its contents are applicable for the purpose of
putting out particularly fire before it
propagates, and is capable of being readily
moved from place to place.
•It is also a portable device used to put out fires
of limited size.

TYPES OF FIRE EXTINGUISHER


•H20 Fire Extinguisher extinguisher filled with
water use for Class A and Class B fires EXCEPT
class C fires
•Liquefied Fire Extinguisher

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•extinguishers that contain Carbon Monoxide


Gas
•use for class A, B, and C fires
•Dry Chemical Extinguisher
•Extinguisher that contain chemical powder
•proposed to fight all classes of fires

Foam Extinguisher
•Extinguisher that contains sodium bicarbonate
and a foam-stabilizing agent in a larger
compartment and a solution of aluminum
sulfate in an inner cylinder; reaction between
the two solutions forms a stabilized foam of
carbon dioxide bubbles. Soda-acid Fire
Extinguisher
•Filled with sodium bicarbonate mixed with
water
•a small bottle of sulfuric acid is suspended inside
(near the top) in such a way that when the
extinguisher is turned upside-down, the acid
mixes with sodium bicarbonate;
•Carbon dioxide is formed by the reaction which
results to the building of pressure inside the
extinguisher; this pressure forces the water
solution out from the container through a hose.

Vaporizing Liquid Fire Extinguisher


•contains non-conducting liquid, generalization
carbon tetrachloride or chlorobromethane;
•The stream of liquid that is expelled is vaporized
by the heat of the fire and forms a smothering
blanket.

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•Intended to fight flammable liquids or electrical


equipment. Carbon Dioxide Fire Extinguisher
•Efficient against burning liquids and fires in live
Electrical equipment
•Used mainly to put out Class C fires.

TYPES OF EXTINGUISHING AGENTS


1. Water (H20)
•It is the most commonly used agent in fire
suppression and firefighting.
•It is the most effective in cooling the burning
material below its ignition point.
•It is commonly used in Class A fire. 2. Carbon
Dioxide (CO2)
•It is non combustible and non-reactive with
most substances.
•It can penetrate and spread at all parts of fires.
•It is primarily used in Smothering/Blanketing.
•Due to its non conductivity CO2 is effective in
Class C fires.

3. Dry Chemical
•it is mixtures of powders and various additives
that improves the storage, flow, and water
repellency of the powder
•Sodium bicarbonate, potassium bicarbonate and
mono ammonium phosphate are some of the
powders commonly used.
•It is commonly used in inhibiting the chain
reaction. Two types of Dry Chemical oMulti
Purpose Dry Chemical- refers to powders use on
Class A, B, C fires. oOrdinary and regular dry

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chemical- Powders that are used on Class B or


Class C fires.

4. Dry Powder
•It is used to extinguish combustible metals.
•It extinguishes fire by removing the air from the
combustible metal.
•Primarily used on Class D fires.

5. Aqueous Film Forming Foam (AFFF)


•It has the ability to seal the surface of burning
hydrocarbon fires to prevent “Flashback”.
•It is designed for use with fresh water at a 6 %
mixture.
•It is generally used in Class B fires and may be
applied also to Class A but less effective.

6. HALONS
•It is a generic term for halogenated
hydrocarbons and its chemical compound that
contains carbon and one element from the
halogens series.
•HALON 1211 or Bromochlorodifluoromethane
which discharge partly gas and liquid,
•HALON 1301 or bromotrifluoromethane is the
least toxic of the Halons.
•Halogenated Agents are effective on Class B and
Class C.

FIRE SAFETY- Totality of undertakings, process or


systems that ensure persons or properties
against the effects of destructive fires.

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FIRE INSPECTION- Refers to the critical view of


installation conducted by authorized personnel of
fire department to determine the safety and
hazards from fire and recommend necessary
change if corrections should be made.

FIRE PREVENTION-Pertains to means employed


to avoid the possibility of fire to occur.

FIRE FIGHTING- the act of attempting to prevent


the spread of and extinguishing significant
unwanted fires in buildings, vehicles, woodlands,
etc. In actual fire, the first step is to search for
the origin of fire and to identify the specific risk.

FIRE SUPPRESSION- extinguishment fire.

FIRE CONTROL-Pertains to means employed to


keep the fire to a minimum or manageable level
for easy suppression.

FIRE/ARSON INVESTIGATION-The process of


determining the cause of fire

FIRE FIGHTING OPERATIONS


•PRE-FIRE PLANNING - this activity involves
developing and defining systematic course of
actions that maybe performed in order to
realize the objectives of fire protection: involves
the process of establishing the SOP in case fire
breaks out.

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•EVALUATION – SIZE – UP (on-the-spot planning


or sizing-up the situation) - this is the process
knowing the emergency situation. It involves
mental evaluation by the operation officer-in-
charge to determine the appropriate course of
action that provides the highest probability of
success.

SIZE UP (Evaluation of the situation):


•Learn the facts of the situation - by answering
the 5 Ws-1 H
•Understand the probabilities of dangerous/fatal
behavior of fire
•Know your own situation or capabilities
weaknesses and strengths; available manpower
and equipment
•Determine the specific course of action - entry
or rescue

•ENTRY – This is the process of accessing the


burning structure. Entry maybe done in a
forcible manner. Purposes of conducting
forcible entry:
•To provide access for fire fighters with
equipment for fire extinguishment
•To provide rescue
•To aid in ventilation

•RESCUE – This is the action taken by the


firefighters to remove, thus saving, people and
other livestock from the burning building and
other involved properties, conveying them to a

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secure place Basic approach for rescue


operation
•Learn the facts of the situation – data gathering
by: Information, and Person who reported the
incident
•Understanding probabilities “Do the greatest
good to the greatest number”.
•Know your own situation - evaluate personnel
and equipment & the number of victims and
rescuers

•EXPOSURE – It refers to an action taken by the


firefighters to cover or secure other buildings
and people from exposing themselves near the
affected area or danger from fire.

•CONFINEMENT – This is the activity of


restricting the fire at the place where it started:
the process of preventing fire from extending
from another section or form one section to
another section of the involved building.

•VENTILATION – It refers to a method used for


clearing the building of smoke and gases,
localize the fire, and reduce smoke and forcible
entry.

Advantages of Ventilations
•Aids rescue operations
•Speeds attack and extinguishment
•Reduces property damage
•Reduces mushrooming Factors to determine the
location for ventilation

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•Location of intensity of fire


•Highest point on the roof Direction of wind
•Existing Exposure
•Extent of Fire
•Obstruction

Types of ventilation
 Vertical ventilation – Heated gases and smoke
rise to the highest point and, if confined, will
tend to “mushroom” or rise to the highest
point of the building.
 Cross/Horizontal ventilation – It is use if the
smoke and gases have not reached the highest
level or point of the building, windows are the
easiest and generally most available for the
common types of buildings.
 Mechanical/force ventilation – Process of
clearing smokes by using device such as smoke
ejector which utilized to remove faster
excessive heat and dense smoke in a building.

FIGURE 4.11 VERTICAL VENTILATION


•SALVAGE – process of preventing excessive
damage by fire, smoke, and water with the use
of a salvage cover.

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•EXTINGUISHMENT – This is the process of


putting out the main body of fire by using the 4
general methods of fire extinguishments.
•OVERHAUL – This is the complete and detailed
check of the structure and all materials involved
in the fire to make sure that every spark and
ember had been extinguished and to have an
assurance against reignition.

Ladder -equipment made of trussed or solid


beam where rungs are connected horizontally
to the beam forming ascent or descent.

TYPES OF LADDER
1. Ground ladders – it is being carried on a fire
trucks, it vary in sizes 10 to 55 feet long. Uses of
Ground Ladder
•for rescue
•to stretch line into a fire building
•to provide ventilation by giving access to places
that are hard to reach

Various kinds of Ground Ladder


A. Straight Ladder
•It contains only one section
•It ranges from 12 – 16 feet, common size 14
feet.
B. Extension Ladder
•It consists of a bed and one or more fly
ladders.
•Extension ladder that has a stay pole is called
tormentors.

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•It ranges up to 35 feet, extension ladder over


35 feet are called Bangor Ladder.

FIGURE 4.12 STRAIGHT VS EXTENSION LADDER


C. Attic Ladder
•It provides means of reaching an opening for
those places which are difficult to reach
without special ladder.
•It can be folded or collapsed for a small room
or closet works. D. Wall Ladder
•It is best used in rescue where a ladder in place
is already falls short of endangered person.
•It allows the user to climb up or down, one
storey at a time.

2. Aerial Ladder – it is mounted on a turntable,


capable of extending up to 100 feet, it may have
3 or 4 metal fly sections of ladder that can be
raised or lowered by hydraulically controlled
cables.

Various Kinds of Aerial Ladder


A. Hydraulic Aerial Ladder

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B. Elevating Platform (Articulated Boom)

LADDER TERMINOLOGY
Bed ladder - the lowest section of an extension
ladder Fly ladder - the top section of an
extension ladder
Butt - the bottom end of a ladder
Heel - the part of the ladder that touches the
ground
Halyard - a rope or cable used to raise the fly
ladder
Pawl or dog - the mechanism located at the end
of the fly ladder that locks to the bed ladder
Rung - the cross member of the ladder that is
used for climbing Top or tip - it is the top part
of the ladder
Hooks - part of a ladder that is used to hook
over a roof peak, sills, or walls where the heel
does not rest on a foundation. (roof type
ladders) Stops - made of metal or wood blocks
used to prevent the fly of an extension ladder
from extending out further from the ladder
Guides - light metal strips of an extension
ladder that guides the fly ladder while it is being
raised or lowered

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FIGURE 4.13 PARTS OF A LADDER

FIRE SCENE INVESTIGATION - This is the final


stage of fire suppression activities. It is an
inquiry conducted to know or determine the
origin and cause of fire.

ARSON
•willful and malicious burning of property for the
purpose of collecting insurance money, covering
up a crime, destroying physical property or
documents, or as a threat or act of vengeance
or hatred.
•The crime of maliciously and intentionally, or
reckless, starting a fire or causing an explosion.

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•It comes from the Greek word “ARSIO” meaning


to burn. INVESTIGATION - an art that deals with
the identity and location of the offender and
provides evidence of his guilt in criminal
proceedings

What constitute Arson?


•Burning – to constitute burning, pyrolysis must
take place. In other words, there must be
burning or changing, i.e. the fibber of the wood
must be destroyed, its identity changed.
•Willfulness – means intentional and implies that
the act was done purposely and intentionally
•Malice – denotes hatred or ill will or a desire for
revenge; deliberate intention of doing
unjustified harm for the satisfaction of doing it
•Motive – the moving cause which induces the
commission of a crime; something that leads or
influences a person to do something
•Intent – the purpose or design with which the
act is done and involves the will; an essential
element of crime, motive is not

METHODS OF PROOF IN ARSON


Physical evidence in arson is often destroyed. To
prove, corpus delicti must be shown and the
identity of the arsonist must be established.
CORPUS DELICTI –body of the crime, the fact that
crime was committed. It must be shown by the
following:
•Burning – that there was fire which may be
shown by direct testimony of complainant,
firemen responding to the crime, other

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eyewitness. Burned parts of the building may


also indicate location.
•Criminal design – must show that it was willfully
and intentionally done. The presence of the
incendiary devices, flammables such as
gasoline, kerosene, may indicate that the fire
was not accidental.
•Evidence of Intent – when valuables were
removed before the fire, ill feeling between the
accused and the occupants of the building
burned, absence of effort to put out the fire and
such other indicators.

BASIC LINES OF INQUIRY IN ARSON


INVESTIGATION

I. POINT OF ORIGIN OF FIRE Initially, the


important point to be established is the point of
origin of fire. Finding the point where the fire
originated is naturally very important to
establishing the cause of the fire.

Techniques and factors considered in


determining the point of origin
•Firemen, occupant’s passersby and others who
arrived at the fire scene during the early stages
of the fire may provide information relating to
the location of the fire in its early stages.
•The obvious presence of “trailers” multiple
separate fires, incendiary devices and other
suspicious articles may immediately reveal the
origin and cause of the fire, especially in those
instances when an attempted arson has failed

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because the fire was rapidly extinguished or it


“burned out” because the arsonist failed to
properly ventilate it.
•In some fire investigation, early observations by
victims or firefighters may point to a cause such
as electrical short circuit or malfunction of the
heating plant.
•Conversely, in searching a fire scene, the
investigator may seek to locate one particular
room or portion of a floor or wall which appears
to be the likely point of origin. Concentration of
search in the likely area may reveal material,
equipment or other evidence of the accidental
or incendiary cause of fire. This technique
exemplifies the usual technique of locating the
origin and then seeking the cause.
•The point where the fire originated may be
determined by locating to the last place reached
by the fire, then determining where the fire
normally spread to that place from. Traces of
smoke and charring help indicate the reverse
route. Keep in mind the natural path of fire is
upward. It travels vertically rather than
horizontally until it meets an obstacle to its
progress.
•Other factors such as heat accumulation, heat
radiation and source of oxygen may cause a fire
to progress in ways that conflict with the above
rules. This is contributed by the special
considerations that may occur in the fire
development.
•Another technique related to tracing the normal
path of the fire to its origin, involves tracing the

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path of the burning to its sources by observing


the intensity of the destruction and charring of
the uprights.
•Origin of the fire can also be traced through the
so-called FIRE PATTERNS.

KINDS OF FIRE PATTERNS


•Lines or Areas of Demarcation - These are
borders defining the differences in certain heat
and smoke effects of the fire upon various
materials. They appear between the affected
area and adjacent unaffected or less affected
areas.
•Surface Effect - The nature and material of the
surface that contains the fire pattern will have a
bearing on the shape and nature of the pattern
itself.
•Charring – It is an exposure of elevated
temperatures in which a material undergoes
chemical decomposition that drives off gases,
water vapor, and various pyrolysis products as
smoke. Char shrinks as it forms, and develops
cracks and blisters.
•Fusion – Is the change in formation of metals,
glass or plastic due to being exposed to high
temperatures, sometimes it is called melting.
•Spalling – Is the breakdown in tensile strength
of concrete or brick, usually accompanied by a
color change. Sometimes it causes chipping.

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FIGURE 4.14 SPALLING


Motives of Arson
•Motive is the moving cause which induces a
person to commit a crime. Is Motive Necessary
to be proven in Criminal Proceedings? No.
motive is not necessary to be proven in criminal
proceedings but once motive is shown, then
intent can easily established.
•In the crime of arson, the distinction between
motive and intent is clearly defined. INTENT is a
material element of arson while motive is not.
INTENT is the purpose of design with which the
act is done and involves the will while MOTIVE
is what induces the criminal.

A. Economic Gain
1. Insurance fraud with the assured directly
benefiting:

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•Desire to move - the premises may no longer be


desirable because of the condition of the
building, the fact that the quarters are
outgrown or because of the locality.
•Disposing of Merchandise - the stocks on hand
may have lost value by reason of the seasonal
nature of the business, obsolesce, scarcity of
materials necessary to complete the contracts,
overstock in the absence of expected order or a
changing market.
•Property Transaction - the business itself may
no longer be desirable because of impending
liquidation, settlement of an estate of which it is
a part, the need for cash, prospective failure,
the comparatively greater value of the land, or
the comparatively greater value of the
insurance benefits.

2. Profit by the Perpetrator other than the


assured:
-Insurance agents wishing business
-Insurance adjusters desiring to adjust a loss by
securing a contract
-Business competitors
-Persons seeking jobs as protection personnel
-Salvagers
-Contractors wishing to rebuild or wreck

B. Concealment of Crime - the arsonists may set


fire to a building in order to conceal a projected
or past crime. He may wish to divert attention in
order to loot the burning premises or steal in

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other places. The burning may be for the


purpose of destroying evidences.

ACTS OF THE ACCUSED CRIME COMMITTED


Intent was only to burn but somebody died
Simple Arson but with a specific penalty (Art.
326) Arson If fire was use as a means to kill
Murder If fire was use to conceal the killing
Separate crimes of Arson and Homicide/Murder
Article 13, Par. 12 of RPC Aggravating
Circumstances “committed by means of fire,
poison, inundation etc.” Rules as to the use of
FIRE

C. Punitive Measure - Arsonists may use fire as a


means of punishing another person for reason
of jealousy, hatred or revenge. D. Intimidation
or Economic Disabling - fire may be used as a
weapon of the saboteurs, the strikers or the
racketeers to intimidate or to disable
economically as a step toward forcing
submission to certain demands.

E. Pyromania - is the uncontrollable impulse of a


person to burn anything without motivation.
Pyromaniacs usually do not run away from the
scene of the crime, usually alone and feel
satisfied watching the flame.

Types of Pyromaniacs:
•Abnormal Youth – Epileptics, imbeciles and
morons may set fire without knowing the
seriousness of the act.

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•The Hero Type – a person may set fire on a


building, subsequently pretends to discover it
and turn in the alarm so that he will appear a
hero to the public. A person may burn a
building and endeavor to achieve spectacular
rescue in order to attract the attention of
spectators.
•Alcoholics and Drug Addicts – persons who
subject themselves to intense artificial
stimulants such as narcotics sometimes
develop a strong urge toward incendiaries.
•Sexual Deviates – some sex perverts derive
sexual stimulation from setting a fire and
watching the flame. Frequently, he is chronic
masturbator who stimulates and enhances his
sexual gratification by means of arson.

F. Public Disturbance - an offender may resort to


arson as a means of a public disturbance
because a fire attracts people and destruction
causes confusion that gives rise to attendant
problems that divert police attention.
G. Vandalism is a general term denoting
intentional burning to destroy properties.

•Burned Building – the type of the building may


indicate a set fire under some circumstances. A
fire of considerable size at the time the first
apparatus arrive at the scene if it is a modern
concrete or semi-concrete building.
•Separate Fires – when two or more separate
fires break out within a building the fire is
certainly suspicious.

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•Color of smoke – some fires burn with little or


no smoke but they are exception. The
observation of the smoke must be made at the
start of the fire since once the fire has assumed
a major proportion; the value of the smoke is
lost, because the smoke will not indicate the
material used by the arsonist.
•Smoke marks – an experience investigator will
determine the volume of smoked involved at a
fire and the character as residue deposited on
walls or elsewhere. Smoke marks have often
been of assistance in determining the possibility
of a fire
•Size of Fire – this is important when correlated
with the type of alarm, the time received and
the time of arrival of the first fire apparatus.
Fires make what might be termed a normal
progress. Such progress can be estimated after
an examination of the material burned the
building and the normal ventilation offered to
the fire. The time element and the degree of
headway much by the flames become
important factors to determine possible
incendiarism.
•Direction of Travel – while it is admitted that no
two fires burn in identical fashion, yet is can be
shown that fire make normal progress through
various types of building. Considering the type
of construction, the building materials,
combustibility of contents, channel of
ventilation and circumstances surrounding the
sending of alarm, an experienced investigator

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can determine whether a fire has spread


abnormally fast.
•Intensity – the degree of heat given off by a fire
and the color of its flame oftentimes indicate
that some accelerant has been added to the
material normally present in a building and the
investigator must look for further evidence
pointing to use of such accelerants. Difficulty in
extinguishing the fire is often a lead to suspect
presence of such fluid as gasoline and kerosene.
•Odor – the odor of gasoline, alcohol, kerosene
and other inflammable liquids which are often
used as accelerant is characteristic and
oftentimes arsonists are trapped because of this
tell-tale sign. Most of fire setters are inclined to
use substance which will make the blaze certain
and at the same time burn up any evidence of
their crime.
•Condition of Content – persons tending to set
their house on fire frequently remove objects of
value either materially or essentially. Store and
other business establishments oftentimes
remove a major portion of their content or
replace valuable merchandise without of style
article.
•Doors and windows – locked doors and
obstructed entrance and passage ways
sometimes point to an attempt to inspect firm
in their fight to put out the fire. Doors and
windows showing signs of forced entry may
point to arson preceded by burglary or arson
but someone without a key to the premises.

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•Other suspicious circumstances – interested


bystanders, familiar faces and discovery of
some objects which might be part of a
mechanical fire setting device among the debris.

FIREINVESTIGATOR’S RESPONSIBILITY IN ARSON


DETECTION
•The responsibility of a fireman is “arson
detection” rather than arson investigation.

•What then the firemen should do when


responding to a fire scene?
I. Observing general conditions at the scene of
the fire.
A. Upon Approaching the Fire
-Observing the elements. The record of a fire
should include weather conditions.
-Observe persons and automobiles –
-Observe color of smoke and flame.
1. Color of smoke is a rather reliable indication of
the type of fire to be extinguished.
2. Color of flame – substances burning are
responsible for both color of smoke and color of
flame.
•When white smoke appears before the water
from the fire hose comes in contact with the
fire, it indicates humid material burning. E.g. –
burning hay, vegetable materials.
•Biting smoke, irritating the nose and throat and
causing coughing indicates presence of chlorine.
•White smoke with yellow flame – indicates
burning of humid materials.
Example: burning hay, vegetable matter.

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•Black Smoke accompanied by large flame -


indicates use of petroleum products or rubber
and plastics
•Reddish brown smoke – presence of
nitrocellulose sulfur, sulfuric acid, nitric acid,
hydrochloric acid.

•Meaning of color of Smoke and Fire:


 Red flame – presence of petroleum.
 Blue flame – presence of alcohol, aldehyde or
ketone.
 Biting smoke - irritating to nose and caused
coughing indicate presence of chlorine.
 Garlic odor smoke – presence of phosphorous.
 Heavy brown smoke with bright red flame –
Nitrogen products.
 White smoke with bright white flame –
Magnesium
 Black smoke with red and blue flame – Asphalt
 Purple or lavender flame – Potassium
 Greenish – yellow flame - Chlorine or
manganese
 Bright reddish yellow flame – Calcium

B. Upon Arrival at the Fire Scene


1.Observe number of separate fires, intensity and
rapidity of spread.
•Was there more than one fire burning?
•Were doors fastened in an open position to
allow the fire to spread
2.Observe odors and methods required to
extinguish flames.

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•Odors detected at fire are often of value in


determining what flammable substances were
present.

II. Observing condition of building openings at


the time of a fire.
1. Find out whether doors and windows are
locked.
• The possibility of outsiders having gained
entrance is important.
2. Determine condition of doors, windows and
locks.
• The presence of “jimmy marks “on jambs might
be indicative of robbery followed by arson to
cover the crime.
3.Observing owners, occupants and bystanders at
the time of a fire.
•Observe dress and manner of persons at the
fire.
•Look for familiar faces.

III. Locating evidence of fire causes


1.Look for indications of arson intent.
•Multiple Fires
•Odors- Ammonia has a very pungent odor
readily recognizable by firemen. It is generally
used by the arsonist to keep firemen out of a
building, or in an attempt to “kill” the odor of
gasoline.
•Undue Wood Charring and Uneven Wood
Burning- The application of petroleum products
to wood causes a deep unnatural burning.

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•Inoperative Sprinkler, and Fire Doors - Arsonists


may tamper supply valves and silence the
alarms
2. Look for arson materials and arson equipment.
•“plants” •“Trailers” •“Accelerants”

IV. Protecting and preserving evidence


•Two things should be kept clearly in mind:
•Keeping the evidence where it is, untouched
and undisturbed, if at all possible.
•Properly identifying, removing and safeguarding
such evidence

V. Points on protecting and preserving evidence


1.Evidence remaining at the scene of a fire can be
protected in various ways:
•Do overhauling and salvage work carefully
•Handle evidence as little as possible.
•Place barricades, or rope off area around
evidence.
•Have photos taken by a qualified photographer
at the scene of the fire when evidence must be
removed.

VI. Observing condition of contents of a building


involved in a fire
1. Watch for indications of removal of personal
articles. - Jewelries; any valuable item or item
with sentimental value
2. Watch for indications of removal of valuable
merchandise.
VII. Recording and reporting observations made
at a fire

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1.Note taking
•Record unusual circumstances or conditions
which may be of a suspicious nature with
respect to the origin of the fire.
•Notes are used in court for the purpose of
refreshing the memory.

VIII. Appearing in court in an arson case.


The fire investigator acting as a witness should
make every effort, to present his testimony in
all fairness to the defendant.

FIRE INVESTIGATOR’S RESPONSIBILITY IN FIRE


INVESTIGATION
•The fire investigator is a specialist operating in a
unique field. (F.I. vs. C.I.)
•The fire investigator is a person with the field
experience and technical training necessary to
collect and evaluate factual information and
identify criminal activity in situations where
others perceive only confusion and chaos.

GOAL OF THE FIRE INVESTIGATOR


1.Primary Goal
•To determine the truth.
•In seeking the truth, the investigator must
complete a post-fire examination of the
structure or vehicle that is the subject of a
suspicious fire and determine the origin and
cause of the fire.
2. Secondary Goal
•To identify and move against those responsible.

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•A fire investigator who has reason to believe


that arson was committed is morally and
professionally obliged to develop the case to its
fullest extent.

Determining the Origin and Cause of the Fire


1.The main reason for conducting a post-fire
examination
•“Point of origin” of a fire is the location where
the fire started.
•The term “area of origin” is sometimes used
when fire originates over a large tract or space,
or when the exact point of origin cannot be
determined.
•“Multiple points of origin” are said to exist when
there is more than one place of beginning.

Physical Examination of the Fire Scene


•To improve the likelihood of a successful
resolution, an investigator must approach the
fire investigation systemically.
•It is important to keep in mind the application of
the scientific method – a six-step approach to
analyzing the origin and cause of a fire.

Exterior Examination
•The exterior examination begins with
interviewing of the fire department officers,
firefighters, and police officers that were first at
the scene as well as spectators.
•Firemen are considered as the “ears and eyes of
fire investigators”.

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•The initial interviews should cover the following


types of information: Was the structure fully
involved? Were the doors and windows open
or closed? Were any unusual odor noticed?
Were hydrants, standpipes, and sprinkler
systems operational?
•The investigator should examine and evaluate
the fire damage on the exterior.

Interior Examination
•With the exterior examination completed, the
investigation shifts to the inside of the
structure.
•Try to reconstruct mentally what happened
during the fire. (Reconstruct the Crime Scene)
•Room and Point of Origin.
•A fire generally burns longest at or near its point
of origin because enough oxygen is available
there during the early stage. Therefore, the
room with the greatest damage is most apt to
be the room of origin.
•Locating this room is very significant because it
contains the point or area of the fire’s origin as
well as clues to its cause.

Visual Inspection
• The visual inspection of a fire uses the
investigator’s ability to read the observable
burn patterns and “push the fire back” to its
point of origin.
• The investigator should try to reconstruct
mentally what occurred and be constantly
looking for the unusual such as: unnatural

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lateral (side) spread of fire; evidence of delayed


ignition device; evidence of plants, trailers and
accelerants.

Note taking
• It is the preparation of a written record of the
investigator’s observations and impressions at
the crime scene. It includes the ff:
• Time of arrival
• Address of the fire
• Identity of persons present
• Statements made
• Odors detected
• Anything unusual

Photography
•Every piece of evidence should be
photographed in place (over-all and close-up)
before it is removed for processing.
Sketch Purpose of sketch
• Primary purpose is orientation, to show the
relationship of objects to each other
• To give an overall view of the scene that can’t
be correctly depicted by photographs.
• To eliminate items not important to the
investigation.
• Sketch of Locality- it deals with crime scene in
relation to environs use in Arson.

Evidence Collection
• Physical evidence is any finite or tangible
materials, whether in trace or gross quantity,

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that may assist in proving the elements of a


crime.
• The proper recognition, documentation,
collection, analysis and interpretationof physical
evidence can provide valuable information to
the investigation.
• P.E. are mute evidence but they speak for
themselves and they don’t tell lies compared
witnesses or complainants.
•Physical Evidence – Chain of Custody - Location
and security of an item of evidence from the
time it is discovered at the scene until it is
introduced as evidence in court
•Specimen to be collected in a fire scene
•Ashes and debris on the suspected fire origin.
•Mechanical and electrical device which may be
used to start a fire
•Bottles and cans with liquid containing possible
inflammable substance and solvents.

Collection and preservation of evidence in a Fire


Scene
-Collect the specimen in a safe and proper
container.
-Label the specimen collected properly indicating
the place where the specimens are taken.
-Put the date, time and the name of person
collecting the specimen
-If the specimen is liquid, put inside the
refrigerator to prevent volatilization (container
should be covered).
-Transport the specimen to the laboratory with
the letter request for examination.

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Methods of Examinations
•Preliminary Test – ashes or debris suspected to
contain inflammable substance is placed on a
wide mouth test tube/glass with fitted rubber
stopper and heated, fumes evolved is tested
with SUDAN or RHODOKRIT powder.
•Steam Distillation
•Instrumental Analysis
•Reporting of final Results

I. The Law on Arson


•Article 320 – 326 of the Revised Penal Code
Defines Arson its forms and penalties.
•PD 1613 – Amending the Law on Arson. Defining
the Prima Facie Evidence of Arson.
•PD 1744 – Amending Article 320 of RPC.
Imposing death penalty to arsonist. *But after
the EDSA Revolution 1, death penalty was
abolished by then President Corazon C. Aquino.
•RA 7659 – An act to impose death penalty on
certain heinous crimes, amending for that
purpose the Revised Penal Code. As amended,
other special laws, and for other purposes.
•RA 6975 Sec. 54 – Which provides that the Fire
Bureau shall have the power to investigate all
causes of fires and if necessary file the proper
complaint with the City/Provincial Prosecutor
who has jurisdiction over the case.

II. ELEMENTS OF ARSON


•Actual burning took place
•Actual burning is done with malicious intent

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•The actual burning is done by person(s) legally


and criminally liable III. Basis and Extent of
Criminal Liability in Arson
•Kind and character of the building
•Its location
•Extent of damage of value
•Its state of being inhabited or not

IV. Stages in the Commission of Arson

A. Attempted Arson
•A person intending to burn a wooden structure,
collects some rags, soaks them in gasoline and
places them beside the wooden wall of the
building. When he is about to light a match to
set fire to the rags, he is discovered by another
who trail him away.
•The crime committed is attempted arson,
because the offender begins the commission of
the crime directly by overacts (placing the rags
soaked in gasoline beside the wooden wall of
the building and lighting a match) but he does
not perform all the acts of execution (the
setting of the fire to the rags) due to the timely
intervention of another who chases away) the
offender.

B. Frustrated Arson
•the fact of having set fire to some rags and
soaked in kerosene oil and placed near the
partition of the entire soil of an inhabited
house, should not be qualified as a

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consummated arson, in as much as no part of


the house had begun to burn, although fire
would have started in the said partition had it
not been extinguished on time. The crime
committed was frustrated arson.
•If the person was able to light the rags but the
fire was put out before any part of the building
was burn.

C. Consummated Arson
•If before the fire was put out, part of the
building was burned.
•Setting fire to the contents of a building
constitutes the consummated crime of setting
fire to a building even if no part of the building
was burned.

PRESIDENTIAL DECREE NO. 1613 - AMENDING


THE LAW ON ARSON (AMENDING ARTICLES
320 TO 326-B, RPC)

V. Who commits Arson?


-Anyone who burns or sets fire to the property of
another
-Anyone who sets fire to his own property under
circumstances which expose to danger the life
or property of another (Sec 1. PD 1613)

VI. Destructive Arson (Sec 2. PD 1613) The


penalty of Reclusion Temporal in its maximum
period to Reclusion Perpetua shall be imposed if
the property burned is any of the following:

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 Any ammunition factory and other


establishment where explosives,
inflammable or combustible materials are
stored.
 Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
 Any church or place of worship or other
building where people usually assemble.
 Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for
transportation of persons or property
 Any building where evidence is kept for use
in any legislative, judicial, administrative or
other official proceedings.
 Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie
house or any similar place or building.
 Any building, whether used as a dwelling or
not, situated in a populated or congested
area.

VII. Other Cases of Arson(Sec 3. PD 1613) The


penalty of Reclusion Temporal to Reclusion
Perpetua shall be imposed if the property
burned is any of the following:
Any building used as offices of the government or
any of its agencies;
Any inhabited house or dwelling;
Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;

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Any plantation, farm, pastureland, growing crop,


grain field, orchard, bamboo grove or forest;
Any rice mill, sugar mill, cane mill or mill central;
and
Any railway or bus station, airport, wharf or
warehouse.

VIII. Special Aggravating Circumstances in


Arson(Sec 4. PD 1613) The penalty in any case
of arson shall be imposed in its maximum
period; If committed with intent to gain;
 If committed for the benefit of another;
 If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
 If committed by a syndicate. The offense is
committed by a syndicate if it is planned or
carried out by a group of three (3) or more
persons.

IX. Prima Facie Evidence of Arson (Sec 6. PD


1613)
 If the fire started simultaneously in more
than one part of the building or
establishment.
 If substantial amount of flammable
substances or materials are stored within
the building note necessary in the business
neither of the offender nor for household
us.
 If gasoline, kerosene, petroleum or other
flammable or combustible substances or

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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.
 If the building or property is insured for
substantially more than its actual value at
the time of the issuance of the policy.
 If during the lifetime of the corresponding
fire insurance policy more than two fires
have occurred in the same or other
premises owned or under the control of the
offender and/or insured.
 If shortly before the fire, a substantial
portion of the effects insured and stored in
a building or property had been withdrawn
from the premises except in the ordinary
course of business.
 If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property
of the victim.

FIRE CODE OF THE PHILIPPINES Republic Act


9514
•Approved on December 19, 2008
•Repealed PD 1185
•Known as the "Revised Fire Code of the
Philippines of 2008.

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 The following are declared as prohibited act


and omission.

(a) Obstructing or blocking the exit ways or


across to buildings clearly marked for fire
safety purposes, such as but not limited to
aisles in interior rooms, any part of stairways,
hallways, corridors, vestibules, balconies or
bridges leading to a stairway or exit of any
kind, or tolerating or allowing said violations;

(b) Constructing gates, entrances and


walkways to buildings components and yards
which obstruct the orderly and easy passage of
fire fighting vehicles and equipment;

(c) Prevention, interference or obstruction of


any operation of the Fire Service, or of duly
organized and authorized fire brigades;

(d) Obstructing designated fire lanes or access


to fire hydrants;

(e) Overcrowding or admission of persons


beyond the authorized capacity in movie
houses, theaters, coliseums, auditoriums or
other public assembly buildings, except in
other assembly areas on the ground floor with
open sides or open doors sufficient to provide
safe exits;

(f) Locking fire exits during period when


people are inside the building;

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(g) Prevention or obstruction of the automatic


closure of fire doors or smoke partitions or
dampers;

(h) Use of fire protective of fire fighting


equipment of the fire service other than for
fire fighting except in other emergencies
where their use are justified;

(i) Giving false or malicious fire alarms;

(j) Smoking in prohibited areas as may be


determined by fire service, or throwing of
cigars, cigarettes, burning objects in places
which may start or cause fire;

(k) Abandoning or leaving a building or


structure by the occupant or owner without
appropriate safety measures;

(l) Removing. destroying, tampering or


obliterating any authorized mark, seal, sign or
tag posted or required by the fire service for
fire safety in any building, structure or
processing equipment; and

(m) Use of jumpers or tampering with


electrical wiring or overloading the electrical
system beyond its designated capacity or such
other practices that would tend to undermine
the fire safety features of the electrical
system.

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Traffic Management and


Accident Investigation

Traffic Management and Accident Investigation


TMAI covers the following topics:
1. Fundamental concept of traffic operation,
safety, education, enforcement, and engineering;
2. Different laws, decrees, codes, rules, and
regulations affecting all kind or modes of
transportation;
3. Techniques in vehicular and pedestrian
direction and control in all situations;
4. Special plans and policies on emergency traffic
situations with the use of both hand signals and
electrical signal lights and others;
5. Technical concepts in accident investigation
including disposition on victims, etc.; and
6. Concepts and basic principles to be considered
in hit and run cases.

HISTORICAL PERSPECTIVE OF TRAFFIC


MANAGEMENT
 3000 BC – the civilization of Egypt,
Mesopotamia, and the Indus Valley developed
roads, first for pack animals and then for
wheeled vehicles.
 The Romans further made innovations on road
building from a city-state by conquering other
small states; they built roads into the
conquered regions to help consolidate their
gains.

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 Wheel - It was invented probably in Western


Asia, such invention was a milestone and a great
step forward in transportation.
 In the Mid – 18th Century, English Roads - Were
so bad that the coaches could average only
about 4mph (6.4 km/h) and the mail was usually
carried by boys on horses.
 John Palmer - Introduced his first mail coach in
March of 1785 and by 1800, the English coach
system was in full swing.
 John L. Macadam - He did not abandon the
theory of feeder road building and perfected
the macadamized road in England about 1815.
 The Invention of Bicycle - In the early 19 th
century served as a nursery of automobile
builders. One of the modern ancestors of the
modern bicycle was the Hobby Horse or Dan
Horse. The German Baron Karl Von Drais in
1817 introduced a steerable wheel, creating the
“draisenne” or “dandy horse.”
 Frenchman Etienne Lenoir made possible the
introduction of motorized carriages by his
invention in the 1860’s and 70’s of the Internal
Combustion Engine.
 Nicolaus Otto and Gottlieb Daimler pioneered
the manufacture of gas engines and later
Daimler became a successful automobile
manufacturer.
 Rudolf Diesel, a German engineer, developed an
internal combustion engine which is similar with
the gasoline engine but requires no electrical
ignition system or carburetor and sues other
form of liquid fuel, the diesel fuel.

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 The Automobile found its greatest popularity in


the U.S., where the first Horseless Carriage
appeared in the 1890’s.
 In 1908, Henry ford introduced the Model T,
which was proved so popular that by 1914, Ford
had adopted Mass Production methods to meet
the demand.
 In 1956, Felix Wankel, a German
mathematician, developed an advanced – type
of engine, named after him, that operates very
differently from gas and diesel engines. It is
started by a moving crankshaft.

HISTORICAL BACKGROUND
 Transportation is the movement of conveying
persons and goods from one location to another
for the purpose of travel.
 Man’s need to travel as early as the creation of
human beings. Biblical passages alleged that
when Adam and Eve ate the fruit of the
forbidden tree, God sent out them to the
Paradise of Eden.
 Since then, the human race expanded and our
ancestors constantly move from one place top
another to enable them to survive and others
for various reasons.
 Other Biblical passages mentioned that Moses
was chosen by God to speak to the Pharaoh of
Egypt to let his children out of Egypt. So the
children of Israel were gloriously brought out
from Egypt to serve God.
 Soon, others become nomadic. They constantly
migrate from one place to another according to

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their own detailed knowledge of exploitable


resources.
 The term “nomad” derived from Greek word
which means “to pasture”, was originally used
to refer o pastoralists – groups that migrate in
an established pattern to find pasturelands for
their domestic livestock.
 However, the term has since generalized to
include non-settled populations, of which there
are three types:
 Foraging Population-Refers to those people
who wander in search of their food. It is
estimated that 99% of all humanity lived in this
way.
 Pastural Nomad-Those who moved their
families, belongings, and herds of cattle, camel,
sheep, or goats through an annual cycle of
pastures whose availability is determined by the
alternation of hot and cold or wet and dry
season.
 Those comprise the gypsies, tinkers, and similar
itinerants in the urban and complex societies.
 What worth noting is how man travelled during
the ancient period. It is believed that early
human beings travelled to places by foot,
carrying their loads on their backs or on their
heads while other pulled crude sleds. They used
every means to make their transportation with
the least time and effort.

EARLY MODES OF TRANSPORTATION

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1. Manpower Transportation
It is originated in the Stone Age during the
primitive years wherein man used sled, due to
the invention of sled, man have got the idea for
skiffs-pieces of smooth board resembling sled
runner but worn on the feet of the hunter and
the inter snow-shoes. The first water craft, the
manpower ran, and the caused probably evolved
from the floating log.
1. Carrying pole
2. Back load and tumpline
3. Sledge on rollers
4. Sledge on runners
5. Travois'

2. Animal Power
1. Ox – first domesticated in Mesopotamia
2. Reindeer – First domesticated in Siberia
around the beginning of the Christian era.
3. Dog – First domesticated animal.
4. Donkey – First domesticated in the middle
east
5. Llama – pre-Colombian America, the Llama
was the only new world animal other than dog
capable of domestication for use in transport.
6. Elephant – Carthaginians used African
elephant in their war against Rome.
7. Horse – domesticated around 2,000 B.C.
8. Camel – Bred by Arab nomads.
9. Yak – a long-haired type cattle that lives in
high altitudes on the Tibetan plateau.

3. Wind power

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1. Ancient Chinese Kite -First used for transport


when a Korean general employed one in bridge
building.
2. Da Vinchi’s Ornithopter -Made use of the
flight of the birds and his notebook sketched a
number of ornithopter which derives its
principal support and propelling from flapping
wings like those bird.

FIGURE 5.1 ORNITHOPTER


3. Montgolfier Balloon -Brother Joseph Michael
and Jacques Entienne of France have
successfully released several balloons, when
they proposed to used two condemned prisoner
for the first ascent with passengers. Pilatre de
Rozier, a natural historian protested this and
claimed the honor for himself. In 1783, he and
Marque’s d’ Arlanoes became the first men to
make a free balloon ascent. World’s first
functional flying machine.
4. Siemen’s Rocket Plan e-Ernst Werner Von
Siemens, in 1847, designed rocket plane which
was propelled by the explosive force of
gunpowder.

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5. Lilienthal Glider -Otto Lilienthal, a German


inventor who also made a study of the flight of
the birds and experimented with ornithopters,
going so far as to build a model of ornithopter.
His chief works was with glider.

FIGURE 5.2 LILIENTHAL GLI


6. Santos Dumont’s Airship -Alberto Santos
Dumont, a Brazalian who experiment with the
steam-powered balloons in Paris made his first
balloon ascent in 1897 and 1898 completed the
construction of his first airship.
7. Wrights Brother’s Flying Machine -Built
biplane kite then over 200 different wing types
which they tested in the wind tunnel of their
own invention, before they conducted their f
first man carrying powered machine.
8. Linbergh’s Spirits of St. Louis -The first solo
flight from New York t o Paris, made by Capt.
Charles A. Lindbergh in May 1927.

History of Philippines Traffic Safety and Control


 November 4, 1954, Congressman Gregorio Tan
and Lorenzo Ziga were killed in a road tragedy
 General Order No. 535, GHQ, AFP dated
December 6, 1954 activate Traffic Control
Group, Philippine Constabulary

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 Executive Order No. 209, December 22, 1954,


defines the duties, powers, and responsibilities
of the Traffic Control Group (TRAFCON)
 1968, the enforcement of RA 4136 and Public
Service Law (CA 146) along the National
Highway was transferred and expressly made
the responsibility of TRAFCOM
 GO#356, GHQ, AFP dated 17 February 1971,
Traffic Control and Anti-Carnapping Group
(TRAG)
 GO#315, July 1972, the TRAG was renamed as
Constabulary Highway Patrol Group
 June 1990, Administrative Order No. 176
designated PC/INP through Highway Patrol as
the lead agency in government operation
against carnapping and other related crimes.
 RA No. 6975, Traffic Management Command
(now Highway Patrol Group)

Why traffic management is necessary?


With the advent of science and technology, new
and modernized traffic facilities are introduced.
However, despite of these modernizations, traffic
congestions persist to exist. The only way to at
least cope up with the prevailing traffic related
problems is a coordinated traffic way safer for
travelers; expedite the movement of traffic, and
to provide convenience to the traffic facilities
users.

a. Major causes of traffic congestion – Based


on studies conducted by authorizes.

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1. Physical Inadequacy – This is characterized


by lack of roads, narrow bridges, railroad
crossing, lack of traffic facilities, etc.
2. Poor Control Measure – This is
characterized be ineffective mechanical control
devices, efficient traffic officers, and poor
implementation of traffic laws, rules and
regulations.
3. Human Errors – many traffic congestion
caused by slow poor planning, poor legislation;
and traffic accident which are mostly attributed
to human errors.
4. Poor Maintenance – Oftentimes motor
vehicles are stalled in traffic ways because of
unrepaired diggings, crack on road pavement or
unfinished road pavement concreting. This can
be attributed to inappropriate budget for the
maintenance of traffic facilities. On the other
land, police should also report lights out,
damage portion of the traffic way to expedite
the action from the concerned government
offices.

b. Scope of traffic Management – In


connection with the above stated causes of
congestion, authorities conceived that a
systematic and effective traffic management is
needed which includes but not limited to the
following.
1. All public surface facilities traversing and
parking and all types of conveyances for the
movement of persons and things.

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2. All agencies having responsibilities for


ascertaining traffic flow requirements, planning,
approving, funding, construction and/or
maintaining these public facilities for such
movements.
3. All agencies responsible for licensing,
approving, instructing, stopping, prohibiting or
controlling the use of these facilities.

c. Agencies Involved In Traffic Management.


For a successful and effective traffic
management, specific roles and responsibilities
are vested on following:
1. Department of transportation and
communication (DOTC). The DOTC through the
transportation office (LTO) is responsible for
implementation of the Land Transportation
Code of the Philippines (R.A 4136) particularly
on the issuance of drivers, licenses, registration
of motor vehicles, approval of franchises for
public conveyance (though the land
transportation franchising and regulation board
(LTFRB) and conducting traffic safety seminars.
2. City or Municipal Engineers office. In local
level, these offices are responsible for the
planning, construction and maintenance of
facilities within their respective locality.
3. Department of Public Works and Highway
(DPWH). This is the main executive department
which is responsible for planning, construction
and maintenance of traffic facilities particularly
those categorized as national highways and
other major road arteries.

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4. Legislative (congress/city or Municipal


boards). The legislative bodies are not only
responsible for the passing or amendment of
laws concerning but also they involved in the
planning and approval of government projects.
5. Philippine National Police (PNP). The PNP
through its Highway Patrol Group (HPG) is
responsible primarily for the direct enforcement
of traffic laws, rules and regulations. They also
perform other function such as conducting
information dissemination campaign, submitting
traffic scheme proposals, and other functions as
the need arises.
6. Academic Institution. Schools. Both public
and private, are responsible for the basic traffic
education by Integration by integrating in their
respective programs and curriculum subjects or
topics on traffic.
7. Courts. The courts are responsible for the
adjudication of traffic-related cases filed before
them.
8. Public Information Offices. The government
through the Philippine Information agency (PIA)
provides the necessary updated information to
the public by creating traffic safety campaigns
and other activities relating to traffic.
9. Citizen support groups. The private
institution or organizations also help in the
prevention of traffic congestion by assisting
government offices in various activities
particularly during special occasions and
holidays where traffic problem is likely to
happen.

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10. Media. Government and privately owned


publications and radio and television
broadcasting companies provide necessary and
updated traffic-related information to the public
through their respective programs.
11. Other agencies which are in one way or
another help in the easing of traffic-related
problems.

TRAFFIC SAFETY
It involves five (5) strategic concepts:

1. Traffic Engineering – It is the science of


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

Functions of Traffic Engineering:


1. Fact-finding,surveysand
recommendations of traffic rules
2. Supervision and maintenance to the
application of traffic control devices;
3. Planning of traffic regulations

Objectives of Traffic Engineering


1. To achieve efficient, free and rapid flow of
traffic.
2. To prevent traffic accident.

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3. To simplify police enforcement actions and


performance.
4. To show that good police actions and
performance make engineering plans
effective.
5. To present the close relationship of the
pillars of traffic in the improvement of traffic
problems.

Agencies Concerned in Traffic Engineering


1. DPWH
 a. National in scope.
 b. Responsible for determining traffic law,
pattern, draw, origin, and destinations,
studies, of persons and things, planning,
approving, funding, and construction of
 -National Roads – interconnecting cities and
municipalities.
 -A network of national roads through cities
and municipalities; and
 -A yearly maintenance and repair programs
which include widening and redesigning of
current road system
2. Provincial Government
 Municipalities within the province.
3. Municipal government
 Networks of streets and roads within the
barangay.
4. Chartered Cities
 Barangay within the cities.

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2. Traffic Education – It is the process of giving


training and practice in the actual application of
traffic safety knowledge.

Three levels of Traffic Safety Education


1. Imparting knowledge concerning traffic
safety education.
2. Training and practice in the actual
application of traffic safety knowledge.
3. Developing traffic safety morality

Traffic Safety for Children


 This is highly unsystematic and is usually
carried out in home through parental
education and kinder garden and nurseries.
This is now necessary to make it systematic to
lessen the number of children fatalities and
injuries.
1. Elementary
 Safety and guides stressing traffic safety.
 Classroom discussion of accidents, incidents
and safety rules
 Organize safety patrols
2. Secondary
 Initiating driver education program. Students
have reached the age to drive; hence, proper
driving habits should be stressed.
 School safety organizations
3. Tertiary
 Offer and conduct courses to public and
private agencies regarding traffic safety
subjects.

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Traffic safety Education for Adults


 It is relatively easier because adults are in
better position to understand what is being
taught to them.
 It is a general belief that by being a better
driver, if follows that one becomes a better
pedestrian. By knowing the limitations of a
driver and the vehicle as a driving student, one
learns to watch out for dangerous cues such as
pedestrians.

 Driver education
 The Basic Purposes of these are:
 To develop good traffic citizens who are
equipped to live in a motorized society and
achieving traffic safety.
 To develop citizen who are legally eligible to
get a driver’s license. In general, driver
instruction aims primarily to teach the
rudiments of driving.
 It is relatively easier because adults are in
better position to understand what is being
taught to them.
 It is a general belief that by being a better
driver, if follows that one becomes a better
pedestrian. By knowing the limitations of a
driver and the vehicle as a driving student, one
learns to watch out for dangerous cues such as
pedestrians.

Four Basic Types of Instruction Methods Used


in Driver education Program
1. Comprehensive

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 Place the student into the real life of driving


situation from the beginning.
2. Traditional Instruction
 This type of instruction depends on instructor-
student communication.
3. Commentary driving Method
 The student will be accompanied by an
instructor. As the student driver, drives, the
instructor has to give comments on his driving.
4. Simulated Conditions and Off the Road
Training
 Simulator
 It is a static machine with all the important
features of a car used in driving method or
driving training.
 Classification of Films as shown by the
simulators
A. The analytical film which provides an
adjective analysis of the driving situation
presented to the student.
B. The didactic film which aims to show good
driving behavior.
C. The simulation film which offers visual
realism to driving situations and therefore a
good aid in actual practice.

Biorhythm
 The theory that asserts that man exhibits a
constant variation of life energy and mood
states.
 Controversial theory of Biorhythm

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 23 days cycle aka our cycle of strength,


endurance and courage (the male component
of person).
 28 days emotional cycle equivalent to female
28-days menstrual cycle is also known as cycle
of sensitivity, love, and intuition (the female
component of a person).
 33 days intellectual cycle.
 Accordingly, when it curves the center line, the
biorhythm value is said to be “high” or a
person has more energy to spare. i.e.,
 Physical high – we tend to be more energetic,
strong and full vitality.
 Emotional high – we tend to be creative,
artistic, cheerful and happy.
 Intellectual high – we are able to think quickly
and logically
 When the curve is bellow the center line, the
biorhythm is said to be ‘Low’ or in recharge
period, i.e.
 Physical low – we tend to be tire quickly and
the succumb of illness easily.
 Emotional Low – we feel moody, irritable, or
depressed.
 Intellectual Low – concentrating or
remembering is difficult or we are likely to use
poor judgment when any of the curves crossed
the center line. This is called a critical day
wherein our systems seem to in a state of
transition. During a critical day, people tend to
get sick easily, seem to luck coordination and
tend to be accident prone.

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 Public Information Programs


 The public should be informed on all activities
affecting the citizens and the community
relating of traffic (dissemination of
information).
 Safety Campaign
 This is a mass publicity aimed to make road
users to behave more safely. This basically
focuses on public information attitudes, and
particular or specific behaviors, or
combination of these.
 Road propaganda may be intended simply to
inform or it may be felt that the public is
already aware to the recommended behavior
by need to be persuaded into adopting it.
 Safety Campaign Classification
 According to purpose – maybe categorized as
informational, attitudinal, and behavioral.
 Kind of Appeal – used to reason by simply
feeding the public with authenticated factual
data.

 Safety Campaign Design


 Initial Campaign Planning
 Final Campaign Design
 Campaign Evaluation

Private and Government Entities responsible
for Safety Campaign
 Newspapers
 Radio broadcasting Networks
 Television broadcasting networks
 Public information agencies

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 Citizens support groups (NGO’s)


 Develop citizens responsibilities
 Conduct organized educational campaign
 Awareness of traffic problems
 Major traffic requirements and need

3. Traffic Enforcement – This field deals


mostly on the implementation and enforcement
of traffic laws and rules and regulations.

Three (3) Important Goals of Enforcement


Activities
1. To increase safety level
2. To increase traffic efficiency
3. To insure harmonious and comfortable
environment

Basis for Decision of Enforcement Action


1. Degree of violation
2. Accuracy of observation
3. Continuous of momentary action
4. Traffic and weather condition
5. Evidence gathered
6. A new law or not

Kinds of Enforcement Actions


a. Traffic Arrest – takes place when a person was
taken into custody for the purpose of holding
or detaining him to answer a charge of traffic
law violation before a court.
b. Issuing Temporary Operator’s Permit or Traffic
Violation Receipt – is done when the violation
of a person charged contemplates a trial

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adjudication or disposition to determine his


guilt.
c. Traffic Warning – is done when the violation
does not contemplate an assessment by the
traffic court.

Types of Traffic Warning


1. Visual Warning
 Usually used when you have observed a
minor violation but are more importantly
occupied at a moment. It is indicated by
gesture of the hand and/or of the head.
2. Verbal Warning
 A form of traffic safety education. Tell the
driver or violator that he violated a law and
explain the hazards of such violations.
3. Written Warning
 Combination of verbal warning and citations.
It gives the spirit of verbal warning and the
form of citation.

FIVE (5) ESSENTIAL STEPS IN THE


ENFORCEMENT PROCESS:
1. Detection (of violation) – wholly a police
responsibility and entails looking for defects in
the behavior of motorists, pedestrians,
vehicle, equipment and roadway condition.
Requires knowledge of law on the part of the
police.
2. Apprehension – wholly a police responsibility
where the police is required to take action at
once to prevent continued and future
violation.

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3. Prosecution – while this is a court function the


police also provides corresponding influence
through preparation and introduction of
evidence or close contact with the prosecuting
officer.
4. Adjudication – while this is obviously a court
function, the police provides influence on this
step by acting as witness to the prosecution or
supplying additional evidence. This step
determines the guilt or innocence of the
accused.
5. Penalization – the court imposes the penalty
upon the accused. The penalty is greatly
influenced by previous records of conviction as
provided by police.

Three (3) MAJOR ELEMENTS OF TRAFFIC


ENFORCEMENT SYSTEM
1. Enforcement System – consists of legislation,
police and the courts. Legislation defines and
specifies correct or incorrect road user
behavior. Police and the courts are charged
with the responsibility of insuring that these
laws are adhered to.
2. Road-user system – includes pedestrians,
pedal cyclists, drivers, passengers and others.
3. The traffic system – consists of the entire road
and vehicle complex.

Agencies Responsible for Traffic Enforcement


1. LTO (Land Transportation Office)
 Vehicle registrations
 Vehicle inspections

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 Driver’s licensing
 Public to police on stolen or wanted vehicles
2. Legislation – passing of laws and
ordinances and appropriations of budget
 Congress
 Provincial Boards
 City of Municipal Council
3. Police – direct enforcement of traffic laws
 PNP
 MMDA
 Police Auxiliaries

Reasons for Violation of Traffic Laws:


1. Physical disabilities or infirmities
2. Ignorance of traffic laws
3. Lack of training and experience
4. Wrong attitude towards driving
5. Drivers of public utility vehicles for
increased compensation
6. Driver’s apathy towards signs, signals and
markings
7. Influential persons violate because they feel
they are exempt from punishment.

Consideration that acts as deterrents to


motorist and pedestrians
1. Fear of fine or punishment
2. Loss of driving privilege
3. Possibility of being involved in accident
4. Positive area of good citizenship doing what
is right and setting an example

Road Check Objectives:

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1. Faulty vehicle equipment


2. Registration and licensing violations
3. Intoxicated drivers
4. The load or cargo of commercial
transportation vehicle for load weight

Consideration to be taken when conducting


road check:
1. Minimum delay to motorist
2. Thorough checking procedure
3. Protection/safety of both motorist and
officers
4. Timing, location and frequency

4. Traffic Ecology or Traffic Environment – It


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

Kinds of Environmental Effects of Urban


Transportation
1.Noise
2.Vibration
3.Dirt
4.Visual intrusion
5.Loss of privacy
6.Change in amount of light
7.Neighborhood severance both physical and
sociological

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8.Relocation
9.Distraction during planning and construction
10. Accident experience
11. Pedestrian journey
12. Congestion and other benefits to vehicles

External Factors that influences the Existing


and Future Behavior of Population
 Rapidly increasing population growth
 Rapidly increasing urbanization
 Rapidly increasing motorization
 Industrialization and technical modernization
 Improvement of the transportation network
that is the street network and the public
transportation facilities.
 Schemes to limit traffic and improve the
efficiency and quality of service of buses and
transport:
 Pedestrian scheme should be introduced
whenever possible to improve the
environment and safety of pedestrians. The
use of non-carbon emitting vehicles should be
encouraged like bicycle whenever practical.
 Motor vehicle reduction scheme should be
also introduced.

5. Traffic Economy – It deals with the benefits


and adverse effects of traffic to our
economy.

TRAFFIC CONTROL

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Historical Background
 In Britain: 1648, parishes were required by law
to place guideposts at crossroads. In 1773,
these and mileposts were required to be
erected and maintained by Turnpike Trusts.
 The Motor Act of 1903 made local authorities
responsible for placing certain warning and
prohibitory signs.
 In June 6, 1973, through PD No. 207 the
Philippines declared as part of the laws the UN
Vienna Convention on road traffic, signs,
markings and signals.

ROAD TRAFFIC SIGNS


Regulatory/Mandatory Signs:
 These signs are used to inform road users of
certain laws and regulations to provide safety
and free flow of traffic. These include all signs
which give notice of special obligation,
prohibition or restrictions with which the road
user must comply. The violation of these signs is
a legal offence. Some of the signs, which fall
under this category, are provided as follows.

FIGURE 5.3 REGULATORY SIGNS


Warning/Cautionary Signs:

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 These signs are used to warn the road users of


the existence of certain hazardous condition
either on or adjacent to the roadway, so that
the motorists are cautious and take the desired
action. Some of the signs, which fall under this
category, are provided as follows.

FIGURE 5.4 WARNING SIGNS


INFORMATORY SIGNS:
 These signs are used to guide road users along
routes, inform them about destination and
distance, identify points of geographical and
historical interest and provide other
information that will make the road travel
easier, safe and pleasant.

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FIGURE 5.5 INFORMATIVE SIGNS

International Basic Traffic Signs


 Round and Red Sign: regulates the movement of
turning and passing traffic regulations
 Round Black Yellow Signs: a warning that you
are approaching a railroad crossing
 Equilateral Triangle Red Signs: a sign at the
intersection directing drivers to yield the right-
of-way to vehicles in the road being crossed
 Eight-Sided Red and White Stop Sign: the most
popular and understood sign by all tongues and
colors; and
 Triangle Red and Black Sign: approaching a
danger zone, hill, slope, winding road, and
others.

Classification of International Traffic Signs

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1. Danger warning signs (also known as


“caution signs”) – these have an equilateral
triangular shape with one side horizontal and
having red borders.
 Dangerous Bends
 Dangerous Left Bend
 Dangerous Right Bend
 Dangerous Left Double Bend
 Dangerous Right Double Bend
 Dangerous Warning Signs to Indicate Road
Intersection
 Approach to Intersection
 Approach to Intersection, Side Road
 Approach to Intersection, Merging Traffic
 Swinging Bridge
 Traffic Light Signals Ahead
 Road Works
 Pedestrian Crossing
 Animal Crossing
 Road Narrow
 Uneven Road, Bad Condition
 Steep Descent
 Steep Ascent
 Slippery Road
 Quay or River
 Runabout Ahead
 Two-way Traffic
 Danger: Falling Rocks

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 RailroadCrossing

FIGURE 5.6 DANGER SIGN: SLIPPERY ROAD


2. Regulatory signs – these are signs which
impose legal restrictions applicable at particular
location usually enforceable in the absence of
such signs. Usually round in shape with the
exception of “Stop Signs” and “Yield Signs”.

Prohibitive and Restrictive Signs


 No Entry for All Types of Vehicles
 No Entry for Cars
 No Entry for Jeeps
 No Entry for Bicycles
 No Entry for Tricycles
 No Entry for Buses
 No Entry for Trucks
 No Entry for Power Vehicles Drawing Trailers
 No Entry for Motorcycles
 No Entry for Pedestrians
 No Entry for Animal Drawn Vehicles
 No Entry for Push Carts
 No Left Turn
 No Right Turn
 No U-Turn
 No Parking

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 No Entry for vehicles having an overall height


exceeding specified figures in meters
 No Overtaking
 No Blowing of Horns
 No Entry for Vehicles having an all overall width
exceeding specified figures in meters
 No Entry for Vehicles exceeding in tons laden
weight
 No Entry for Vehicles having a weight exceeding
a specified figure in tons on one axle
 No Entry for Vehicles whose overall length
exceeds specified figures in meters
 Speed Limit

Mandatory Signs
 Directions which vehicles are obliged to follow
 Compulsory Minimum Speed

Priority Signs
 Stop Sign
 Yield Sign

3. Informative signs (also known “guide signs”


or “direction signs”) – The rectangular shape
white-colored on blue background is used for
informative signs.
 Directorial Sign
 Place Identification Sign
 Stop Sign for Loading and Unloading

Traffic Signal Lights

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Classification of Traffic Signal Lights


1. Traffic Control Signals – These are signal
lights designed primarily to control and regulate
traffic flows.
2. Special Pedestrian Signals – These signal
lights provides regulation for pedestrians like
the “Walk” and “Do Not Walk” signal lights.
3. Train Approach and Gates Signals – These
are usually installed on road-rail intersections
designed to inform motorists of any
approaching train on the intersection.
4. Other Special Traffic Signals – These are
installed on traffic ways where special
regulations are emphasized like “Yield to
Vehicles Coming from the Left”, and other
similar regulations.

Traffic Signal Systems


1. The Fixed-time System – A traffic control
signal by which traffic is alternately commanded
to stop and permitted to proceed in accordance
with predetermined time schedule.
2. Progressive System – Signals at successive
intersections along the artery are timed to
change from red to green at staggered intervals,
permitting a vehicle that maintains a constant
speed to proceed without interruption under
normal circumstances.
3. Computerized Control of Signal Networks –
Signals changes are ordered by the demands of
traffic and are directed by computers that
operate on the basis of traffic information
relayed from vehicle sensors on the streets.

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TRAFFIC LIGHTS

FIGURE 5.7 TRAFFIC LIGHT


(red(top), amber(mid), green(bot))
STEADY RED
 Stop at a 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

STEADY GREEN
 Go
 It is the turn of the vehicles on the other side to
stop.
 Pedestrian are not allowed to cross the
pedestrian lane in front of you.
 Unless specified, you can move up to the middle
on the intersection and make a left turn when
clear.
 Vehicles going straight have the right way.
 Do not anticipate a green light.

STEADY GREEN ARROW


 Go
 Vehicles turning left can do so.

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 Oncoming straight traffic is still on red to give


way for vehicles turning left.
 Do not anticipate green arrow

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 the yellow light.

FLASHING RED
 This is the same as a stop sign.
 Stop at a designated line
 Vehicles will be crossing from the other side.
 Expect pedestrian to cross at the pedestrian
lane.
 Proceed when clear.

FLASHING YELLOW/AMBER
 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.

STEADY GREEN AND STEADY LEFT or RIGHT


ARROW
 Vehicles can go straight or vehicles on the left
can make a left turn.
 Vehicles can go straight or vehicles on the right
lane can make a right turn.

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 The right green signal might or might not have a


road sign disallowing a right turn while the red
light is on.

Pavement Markings and Markers

Types of Pavement Markings and Markers


1. Pavement Markings – These are the lines
usually white and yellow or a combination of
yellow and white officially set on the roadway
as separation for motor vehicles travelling in the
opposite direction or the same direction in case
of two-lane one-way street, two-lane two-way
street or four-lane two-way street.
2. Curb Markings for Restrictions – These are
markings placed on the curbs or edges of the
traffic for restriction or for parking regulation
purposes.
3. Object Markings – These are markings
placed on objects on the road or beside the
road like humps, rocks or similar hazardous
objects on the side of the road.
4. Reflectorized Markings – These are
markings or gadgets designed to reflect and
become luminous when hit by vehicles’
headlight.

Specific Pavement Markings


1. Single White Dotted Line
2. Single White Continuous Line in A Two-lane
Traffic Way
3. Single Continuous Line on a Four-lane Road

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4. Double Yellow Line or Double White Line


5. Single Yellow/White Line
6. Yellow Continuous Line on Road Provided
with a Passing Lane
7. Crosswalk or Pedestrian Lane
8. Directional Arrows
9. Stop Lines
10. The Barrel Lines

PAVEMENT MARKING
 It pertains to all lines, patterns, words, symbols,
or other gadgets except signs set into the
surface or applied upon or attached to the
pavement or curbing or to objects within or
adjacent to the roadway, officially placed for the
purpose or regulating, warning or guiding
traffic.
 Pavement markings combine with road signs
and traffic lights to give you important
information about the direction of traffic and
where you may and may not travel. Pavement
markings divide traffic lanes, show turning
lanes, mark pedestrian crossings, indicate
obstacles and tell you when it is not safe to
pass.

FIGURE 5.8 PAVEMENT MARKINGS

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Types of Pavement Markings and Markers

Yellow lines separate traffic travelling in opposite


directions. White lines separate traffic travelling
in the same direction.

A solid line at the left of your lane means it is


unsafe to pass. ('A' should not pass.)

A broken line at the left of your lane means you


may pass if the way is clear. ('A' may pass if
there are enough broken lines ahead to
complete the pass safely.)

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Broken lines that are wider and closer together


than regular broken lines are called continuity
lines. When you see continuity lines on your left
side, it generally means the lane you are in is
ending or exiting and that you must change
lanes if you want to continue in your current
direction. Continuity lines on your right mean
your lane will continue unaffected.

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A stop line is a single white line painted across


the road at an intersection. It shows where you
must stop. If there is no stop line marked on the
road, stop at the crosswalk, marked or not. If
there is no crosswalk, stop at the edge of the
sidewalk. If there is no sidewalk, stop at the
edge of the intersection.

A crosswalk is marked by two parallel white lines


painted across the road. However, crosswalks at
intersections are not always marked. If there is
no stop line, stop at the crosswalk. If there is no
crosswalk, stop at the edge of the sidewalk. If
there is no sidewalk, stop at the edge of the
intersection.

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A white arrow painted on a lane means you may


move only in the direction of the arrow.

A pedestrian crossover is marked by two white


double parallel lines across the road with an X in
each lane approaching it, and overhead yellow
lights. Stop before the line and yield to
pedestrians.

Two solid lines painted on the pavement guide


traffic away from fixed objects such as bridge
piers or concrete islands. Yellow and black
markings are also painted on the objects
themselves as warnings.

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Curb Markings
 These are markings placed on the curbs or
edges of the traffic for restriction or for parking
regulation purposes.

Object Markings
 These are markings place on objects on the road
or beside the road like humps, rocks, or similar
hazardous objects on the side of the road.

Reflectorized Markings
 Gadgets designed to reflect and become
luminous when hit by vehicles light.
 Installed in middle or side of the roadways.

Traffic Islands
Functions of Traffic Islands
1. Segregate pedestrians and vehicles; and
2. Control streams of traffic in order to
minimize conflict, expedite traffic flow or
increase safety

TRAFFIC ISLANDS

Pedestrian Island

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 Also known as a refuge island, pedestrian refuge


or pedestrian island, is a small section of
pavement or sidewalk, completely surrounded
by asphalt or other road materials, where
pedestrians can stop before finishing crossing a
road. It is typically used when a street is very
wide, as the pedestrian crossing can be too long
for some individuals to cross in one traffic light
cycle.

Traffic Island
 A solid or painted object in a road that
channelizes traffic. It can also be a narrow strip
of island between roads that intersect at an
acute angle. If the island uses road markings
only, without raised kerbs or other physical
obstructions, it is called a painted island. Traffic
islands can be used to reduce the speed of cars
driving through

THREE TYPES OF TRAFFIC ISLAND


Channeling Island
 Triangular in shape that can be seen at
intersections which used to separate traffic.

FIGURE 5.8 CHANNELING ISLANDS

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Rotary Island
 A type of intersection that has a generally
circular central island. Entering traffic must
typically alter direction and speed to avoid the
island, creating a circular flow in one direction.
In most applications, traffic circles replace the
stop lights and traffic signs that regulate flow in
other intersections.

Divisional Island
Intended to separate opposing flow of traffic in a
highway with four or more lanes. By thus dividing
the highway into two one way roadways, the
head on collisions are eliminated and in general
other accidents are also reduced.

TRAFFIC PATROL

Types of Traffic Patrol


1. Line Patrol
i. Conspicuous observation
ii. Visible observation
iii. Concealed observation
2. Area Patrol

Purposes of Traffic Patrol


1. Deterrent to violations and dangerous
driving
2. Detecting and apprehending violators
3. Observing and reporting traffic conditions

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4. Observing and reporting road conditions,


including view construction which needs
attention
5. Providing certain services to the public
6. Handling emergencies as they arise and
keeping traffic flow smoothly

TRAFFIC ACCIDENT INVESTIGATION


Traffic accident investigation determines the
following:
a. What happened?
b. Who and What were involved?
c. Where did it happen?
d. Why did it happen?
e. How did the accident occur?

5 levels of activity in Accident Investigation:


1. Reporting
2. At-scene investigation
3. Technical preparation
4. Professional reconstruction
5. Cause analysis

Kinds of Traffic Accidents

1. Motor Vehicle traffic accident – is any motor


vehicle accident occurring on a trafficway.
e.g. ordinary collision between automobiles on a
highway.

Classification of MVTA According to Key Event


i. Running-off road

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ii. Non-collision on road: Overturning, other


non-collision
iii. Collision on road with: pedestrian, other
motor vehicle in traffic, parked motor
vehicle, railroad train, bicycle, animal, fixed
objects, and other objects

Severity of MVTA
i. Fatal Accident – is any MVTA that results in
death to one or more persons.
ii. Non-Fatal Injury Accident – is any MVTA that
results in injuries other than fatal to one or
more persons.
iii. Property Damage Accident – is any MVTA
where there is no fatal or injury to any
person but only damage to the motor vehicle
or to other property including injury to
animals.

Causes of MVTA
i. Simultaneous Factors, i.e., road conditions,
driver’s attitude or behavior, and weather
conditions
ii. Sequential Factors – i.e., speed is greater or
less than safe, defective vehicle (vehicle
malfunction)
iii. Operational Factors – i.e., road hazards,
driver’s non-compliance to traffic laws, rules
and regulations
iv. Perception Factors – i.e., driver’s inability to
react promptly to a situation, driver’s faulty
action to escape collision course

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2. Motor Vehicle non-traffic accident – is any


motor vehicle accident which occurs entirely
in any place other than a trafficway.
e.g. accident on a private driveway.

3. Non-Motor vehicle traffic accident – is any


accident occurring on a traffic way
involving persons using the trafficway or travel or
transportation, but not involving a motor vehicle
in motion.
e.g. pedestrian and cyclist in a trafficway.

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT:


1. Perception of hazard – is seeing, feeling,
or hearing and understanding the usual or
unexpected movement or condition that could
be taken as a sign of the accident about to
happen.
2. Start of evasive action – is the first
action taken by a traffic unit to escape from a
collision course or otherwise avoid a hazard.
3. Initial Contact – is a first accidental
touching of an object collision course or
otherwise avoid a hazard.
4. Maximum Engagement – is a greatest
collapse or overlap in a collision. The force
between the traffic unit and the object collided
with are the greatest at maximum engagement.
5. Disengagement – is separation of a
traffic unit in motion from an object with which
it has collided. Force between the object ceases
at this time.

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6. Stopping – is coming to rest. It usually


stabilizes the accident situation.

Injury – is receiving bodily harm.


Fatal accident – is any motor vehicle accident
that results in fatal injuries to one or more
persons.
Non-fatal injury accident – is any motor vehicle
accident that results in injuries other than fatal to
one or more person.
Property damage accident – is any motor vehicle
accident in which there is no injury to any person
but only damage to the motor vehicle, to other
motor vehicles, or to other property including
injury to animals.

Other events that may occur during an accident


Point of possible perception – is the place and
time at which the unusual or unexpected
movement or condition could have been
perceived by a normal person.
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.

CLASSIFICATION OF MOTOR VEHICLE TRAFFIC


ACCIDENT ACCORDING TO KEY EVENT
Running on road . . . . . . . . . . . . . . . ..1
Non-collision on road: Overturning . .2
Other non-collision . . . . . . . . . . . . . . . . 3

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Pedestrian . . . . . . . . . . . .. . . . . . . . . . . .4
Other motor vehicle in traffic . . . . . . .5
Parked motor vehicle . . . . . . . . . . . . . 6
Railroad train . . . . . . .. . . . . . .. . . . . . .. 7
Collision on road with : Bicycle . . . . . 8
Animal . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Fixed object . . . . . . . .. . . . . . . . . . . . . .10
Other objects . . . . . . . . .. . . . . . . . . . . .11

CLASSIFICATION OF ACCIDENT ACCORDING TO


SEVERITY:
Property Damage . . . . . . . . . 1
Slight . . . . . . . . .. . . . . . . . .2
Non-fatal : Less Serious . . . 3
Serious . . . . .. . . . . . . . . . . . . 4
Fatal . . .. . . .. . . . . . . . . . .. . . 5

CLASSIFICATION OF ACCIDENT ACCORDING TO


SEVERITY

 Property Damage Accident


 There is not fatal or injury to any person but
only damage to the motor vehicle or to other
property including animals.
 Slight
 Only slight damages to properties.
 Non-Fatal Injury Accident
 This results in injuries other than fatal to one or
more person.
 Less Serious
 Only less serious injuries to persons.
 Serious
 Causes serious injuries to persons.

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 Fatal
 This results to death of one or more person.

Steps to be taken by the police as a traffic law


enforcer during traffic accidents:
1. Upon arrival at the scene of accident get
the facts from bystander or complaint: (5Ws
and 1H); report the incident immediately to the
Headquarters by radio or by telephone. If there
are injured persons, secure them immediately.
2. When emergency is under control:
 Preliminary questions to drivers: (a) who was
driving which vehicle? (b) look for signs of
nervousness, confusions and intoxication.
 Gather clues for indentifying hit-and-run
vehicles
 Question other witnesses
 Examine driver’s condition: (a) check license
and record data (b) check registration
certificate and record data (c) verify ownership
(d) account step-by-step what happened
 Position and condition of vehicles: (a) lights
and light switches (b) gear position and tires
(c) verify ownership (d) account step-by-step
what happened
 Form preliminary opinion as to how traffic
accident occurred
 Photograph skid marks and location of
vehicles, mark skid mark locations for later
measuring
 Record place to which injured persons or
damaged vehicles were or will be taken

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3. After getting short-lived evidence


 Make test skid
 Decide whether proof of violation is sufficient
for arrest. If so, make arrest or issue TOP
 Complete examination of vehicles
 Locate key event or point of impact of accident
 Make additional photographs of: (1) vehicle
damage (2) view of obstruction (3) present
condition (4) control devices
 Measure for scale diagram if location is hard to
reach
 Get additional facts at the scene of accident
 Report to Headquarters by radio or telephone
4. After leaving the scene
 Get medical report or injured from hospital or
doctor
 Notifying the following: (1) relative to dead
and injured (2) owner of vehicle (3) have
photographs developed (4) have specimen
analyzed; if any were taken, have chemical
tests
 Complete the report of accident: (1) estimate
speed of vehicles involved (2) file report and
copies
 Complete the factual data on investigation
report if not completed at scene
 Reconstruct the accident: (1) estimate speed
of vehicles involved (2) draw scale diagram (3)
analyze angle of collision (4) get technical help,
if necessary (4) summarize opinions

STEPS TAKEN BY THE POLICE DURING THE


TRAFFIC ACCIDENT INVESTIGATION

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Step One: Upon learning of the accident.


a. Ask first;
b. Decide whether to go to the scene
c. Find out if necessary.

Step two: Start for the scene


a. Choose best approach
b. Drive safely
c. Be alert for cars leaving the scene
d. Get equipment ready for use
e. Look for conditions confronting a driver
approaching the scene
f.Note Hazards to approaching traffic

Step Three: Upon Arrival at the Scene.


a. Select parking place carefully
a. Care for injured
b. Look over bystanders and others
c. Have emergencies under control
d. Locate drivers
e. Measure location of short lived evidence
f.Arrange for clearing roadway
g. Delay removal of vehicles except to aid
injured

Step Four: When emergency is under Control


a. Preliminary questioning of drivers
b. Gather clues for identifying hit and run cars
c. Examine driver’s conditions
d. Questions driver’s carefully
e. Position and condition of vehicles

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f.Form preliminary opinion as to how accident


occurred
g. Photography
h. Record place where to which injured
persons or damage vehicles were or will be
taken

Step Five: After Getting Short-live Evidence


a. Get additional evidence
b. Suggestion to drivers if necessary
c. Approach the scene by path of each traffic
unit involved
d. Complete examinations of vehicles
e. Locate key event of accident
f.Make additional photographs
g. Establish exact location of accident and
record it.
h. Measure for scale diagram if location is
hard to reach.
i.Review notes of evidence or testimony
j.Clean location and arrange to have it done
k. Report to headquarters by radio or
telephone.

Step Six: After Leaving the Scene:


a. Get medical report on injured person from
doctor or hospital.
b. Question driver or witnesses
c. Notify
d. Have specimen analyze if were taken for
chemical or laboratory test.
e. Have photographed developed.
f.Complete the report of the accident.

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g. Decide whether analysis of accident is


warranted by the time available of making it.
h. Reconstruction of the accident
i.Present case summary to a lawyer
j.Complete report of investigation
k. Submit to superior for approval.
l.Inform other agencies or departments of any
condition at the scene which needs attention
for safety.

Step Seven: If Case Goes out to Court


a. Find out what the prosecutor wants further
to develop evidence.
b. Return to the scene if necessary.
c. Locate also if necessary
d. Have enlargement made of any photo
needed in court.
e. Enlarge scale diagram made for court use.
f.Pre-trial conference with the prosecution
witnesses to review testimony
g. Insure that subpoenas are issued.
h. Testify in court
i.Organize papers and file permanently, if
necessary, for future reference.
j.Ensure that the disposition of case is recorded
in driver’s record and other reports.

SKIDMARKS AS TOOL IN TRAFFIC ACCIDENT


INVESTIGATION
Skid mark
 A mark which a tire makes when a vehicle wheel
stops rolling and slides or spins on the surface
of the road. More generally, any solid which

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moves against another can cause visible marks,


and is an important aspect of trace evidence
analysis in forensic science and forensic
engineering. Skid marks are important for
finding the maximum and minimum vehicle
speed prior to the impact or incident. Skidding
can also occur on black ice or diesel deposits on
the road and may not leave a mark at all.

FIGURE 5.9 SKID MARK

SKIDMARK AS A TOOL IN TRAFFIC ACCIDENT


INVESTIGATION
 Measurement of skid marks can give an idea on
how fast the car which left these marks was
going prior to the accident.
 Estimates of speed based on skidmarks may
lead to convictions or knowing how to estimate
the speed correctly may help to keep an
innocent person from being convicted.

OTHER TIRE MARKS

Centrifugal Skid Marks

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 A marking on a roadway left by a rotating tire


and a wheel of a speeding vehicle on a curve
when the speed of a vehicle is above the critical
speed of the curve and the centrifugal force
entirely or partially overcomes the friction
between the mass of the vehicle and its tires
and the surface of the roadway.
Impending Skid Marks
 Mark caused by the forward rotation of the
wheels being slower than the movement of the
vehicle. The shadowy beginning of an skid mark
along the approach path of the vehicle is the
impending skid mark (Known also as shadow
marks), while darker markings are the skid
marks which begins in the impending skid mark
and ends at a point or collision or final rest.
Yawn Marks
 A scuff marks made while a vehicle is yawning
the mark made on the road by a rotating tire
which is slipping in a direction parallel to the
axle of the wheel.
Skip Mark
 A braking skid mark interrupted at frequent
regular intervals; the skid mark made by a
bouncing wheel on which brakes keep the
wheel from turning.
Scuff Mark (Side Skid Mark)
 It is a roadway marking left by the tire and
wheel of a vehicle sliding sideways as a result of
force other than centrifugal force.
Gap Skid

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 A braking skid mark which is interrupted by


release and reapplication of brakes or which
terminates by release of brakes before collision.

OTHER MARKS AND IMPRESSION LEFT BY A


MOTOR VEHICLE EITHER ON THE ROAD
SURFACE OR ON OTHER MOTOR VEHICLE
Ruts
 A sunken track worn by a wheel, as in road;
hence, a groove forming a path for anything.

FIGURE 5.10 RUTS


Gouge
 A groove made by a hard part of a motor
vehicle to another car after sidesweeping each
other or it may be left on the road surface by a
motor vehicle which is overturned then slide on
the road surface.
Paint Strips
 When a vehicle collided with other object, it
sometimes transfers its paint to other objects.

Traffic Accident Report


 Uniform Traffic Accident Reporting System
 Preparation of Traffic Accident Report

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 Report will be accomplished in five (5) copies:


(a) copy for the court or fiscals office (b) copy
for CHPG (c) copy for the investigator (d) copy
for Insurance Co. of Party Involved no. 1 (e)
copy for Insurance Co. of Party Involved no. 2

HIT-AND-RUN INVESTIGATION
Evading responsibility is a term commonly
applied to a traffic accident in which a driver fails
to comply with any of the duties required by Sec.
55, RA No. 4136. Further, it states that no driver
of a motor vehicle concerned in a vehicle
accident shall leave the scene of the accident
without aiding the victim, except under any of
the following circumstances: if the driver is in
imminent danger of being seriously harmed by
any person or persons by reason of the accident;
if the driver reports the accident to the nearest
officers of the law; or, if the driver has to
summon a physician or nurse to aid the victim.

Reasons of Apprehending and Prosecuting Hit-


and-Run Drivers
1. Injury might have been lessened or death
prevented if the driver had promptly sough help
instead of leaving the accident scene;
2. Streets would not be safe if motorists could
flee accident scenes without accepting
responsibility;
3. Public knowledge that the police usually
apprehend and convict hit-and-run drivers
deters other drivers who might otherwise be

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inclined to evade responsibility by committing


this serious offense; and
4. Since leaving the scene of an accident is not
socially acceptable, the police secure increased
public support for the entire traffic control
program by prompt apprehension and
successful prosecution of these offenders.

Two (2) Important Considerations


1. The driver who flees the scene of an
accident is not necessarily the driver
responsible for the accident
2. The hit-and-run driver often will report the
damage to his own vehicle as having been the
result of another hit-and-run accident in which
some “other mysterious driver” fled without
identifying himself.

Elements of Hit-and-Run
1. Suspect must be the one driving the vehicle
at the time of accident
2. Suspect was involved in an accident
resulting in death, personal injury or damage to
property
3. Suspect failed to stop, give aid or
information as to his identity to other person(s)
involved
4. Suspect had knowledge of the accident

The Hit-and-Run Operator


1. Three (3) categories based upon possible
psychological explanations for their motivation
of flight:

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a. Apprehensive-panic drive, fearful driver


b. Projectionist-projects guilt
c. The sneak operator
2. Classes of Hit-and-Run Drivers: drunk
drivers; criminals fleeing from the scene of the
crime; improperly licensed drivers or drivers
with no license or with revoked or expired
license; drivers who fear publicity and
prosecution; ignorance of the accident; driver
who flees in panic; drug addicts; insurance or
financial reasons; and or juveniles.

LIABILITIES ARISING FROM VEHICULAR


ACCIDENTS
(Kinds of Culpa According to the Source of the
Obligation, Art. 1172, Philippine Civil Code)

Distinction of the Three (3) Kinds of Culpa


1. Culpa Contractual – liability arising from
contractual negligence or that which results in a
breach of a contract
2. Culpa Aquiliana – liability as a result of civil
negligence or tort or quasi delict
3. Culpa Criminal – Liability caused by criminal
negligence or that which results in the
commission of a crime or a delict

LICENSE AND PERMIT ISSUANCE


 Student Permit: At least 17 years old
 Non-Professional Driver’s License: Must be at
least 18 years old; holder of a valid SP issued at
least 30 days prior to the application

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 Professional Driver’s License: Must be at least


18 years old; for RC 1,2, 4 and 6 – must be a
holder of a valid SP issued at least 6 months
prior to application; for RC 3,5,7 and 8, must be
a holder of a valid NPDL at least 1 year prior to
application or PDL holder of 1,2, 4 and 6 for a
period of at least 6 months prior to application

Driving in the Philippines, a matter of right or


privilege?
 As in other countries, driving in the Philippines
is a matter of privilege granted by the Philippine
Government through the LTO based from R.A.
4136 and B.P. Blg. 398.
 Further it is a matter of privilege which may be
suspended or revoked.

Types of License’s

International Driver’s License


 Can be issued to: Bonafide tourists and
transients who are duly licensed to operate
motor vehicle in their respective countries.
 Validity: 90 days
 Requirements:
 The original of foreign license + photocopy of
the same license.
 In the event that the foreign license is written in
the language of the license holder other than
ENGLISH, a translation of the content of the
license into ENGLISH by the Embassy from
which the license was issued.

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 In the event that the applicant applies for a


license or if his foreign license is expired at the
time that the application is filed, the applicant
will have to undergo both a WRITTEN
Examination and Actual Road Test.
 An application form filed by the applicant.
 Foreign license applicants can only be issued
NON-PROFESSIONAL DRIVER’S LICENSE.

2. Military Driver’s License


 Can be issued to: Enlisted Military Personnel of
the AFP operating motor vehicles owned by the
government shall be license in accordance with
R.A. 4136 but no license or delinquency fees
shall be collected thereof.
 It should bear the words “FOR GOVERNMENT
MOTOR VEHICLES ONLY” plainly marked or
stamped in RED inks across the face thereof.
 Does not authorize the holder to operate
privately owned motor vehicle.

3. Professional Drivers License


o Renewable every 3 years.
o Identifying color is red.
o Can be issued to: To a driver for hire or
paid for or operating a motor vehicle whether
private use or for hire to the public.
o Any person driving his own motor vehicle
for hire is a professional driver.

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FIGURE 5.11 PROFESSIONAL DRIVER’S LICENSE


 Requirements:
o Must at least be 18 years of age.
o Presentation of either of the following
documents:
 A student permit, which has been issued in the
possession of the applicant for at least 5
months.
o A Non-Professional Driver’s License that has
been in the possession of the applicant for not
less than four months.
 A certificate from an LTO accredited doctor
attesting to the following that the applicant:
 is physically and mentally sound;
 has normal, non-impaired vision and hearing;
 does not have any contagious ailments; and
 does not have a history of heavy drinking and
drug use.
 A Police, NBI, or Prosecutor’s clearance
certifying that the applicant does not have any
criminal record or any case involving the taking
of human life.
 He must past a written examination
 Must have passed an actual road test.

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4. Non-Professional Driver’s License


 Can be issued to: Owners of privately owned
motor vehicles or those not for hire or paid for
driving.
 The holder shall be restricted to operate motor
vehicles up to 4500 kgs. gross vehicle weight.
 Renewable every 3 years.
 The identifying color of logo is green.
 Requirements:
 Must be at least 17 years old.
 A student driver permit that has been issued
not less than 1 month from the date of
application.
 A certificate from LTO accredited doctor
attesting that the applicant:
 Is physically and mentally sound.
 Has normal vision and hearing.
 Must pass a written examination.
 Must pass an actual road test.

5. Students Driver’s Permit


 Valid up to 12 months from the date of issue.
 It is issued to persons who desire to learn how
to drive.
 A student driver holder cannot operate a
vehicle unless accompanied by an instructor
who may either be a licensed professional or
non-professional holder.
 Requirements:
 Must be at least 16 years of age.
 Must be physically sound and in good health
with no contagious ailments.
 Must be mentally capable.

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 Must know how to read and write in his native


dialect, in tagalong or in English.
 Must apply personally at LTO and have with him
the following documents.
 Document of birth that he is 16 years old, either
of the following:
 Joint affidavit by 2 not related individuals
attesting to the age of the applicant, or SSS
identification card, passport, and or Voters ID.
 Applicants whose age is between 16 to 18 years
old, an affidavit of consent signed by the
parents or by the applicant’s legal guardian
allowing the applicant to learn how to drive.

DRIVER’S EXAMINATION

The written examination


 Contain questions concerning proper driving
procedures, road rules and regulations,
emergency procedures, etc. Number of
questions are as follows:
 Non-Professional License – 40 questions -
Passing Marks is at least 30
 Professional License – 60 questions – Passing
Mark is at least 50 questions
 Before each examination A DRIVING SKILL
RATER will provide a 30-minute lecture about
traffic rules and other driver information as a
“review” for the applicants.

2. The Road Test


 It is undertaken under the auspices of a
“DRIVING SKILL RATER”. This actual road test

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will have to schedule in advance and the


applicant will have to provide the vehicle in
which the road test will be conducted. The
applicant should make sure that the vehicle to
be used is in proper working condition and is
currently registered.

 That the applicant is aware of and is capable of


performing a check on the primary components
of the vehicle such as the engine, the tires, the
battery, lights, windshield wipers, brakes,
transmission, clutch, etc..
 Proper use and positioning of the hands on the
steering wheel.
 Proper engine control and use of the gear shift
lever and the foot pedals.
 Proper speed control and observance and
practice of road discipline.
 Proper knowledge and interpretation of road
signs and markings.
 Proper turning procedures.
 Proper backing procedures.
 Proper parking procedures.
 The applicant will be credited with a score of
100 points at the start of the road test. Each
infraction or unsatisfactory performance will be
listed down on a ROAD TEST SCORE SHEET and
the corresponding deductions made at the end
of the test.
 Passing Grade will be 70 Points or a total of
possible deduction of 30 points

Mandatory Drug Test

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 All drivers’ license applicants except for


student’s drivers permit to pass a drug test
conducted by duly LTO accredited drug testing
centers.

Drivers Restriction Code


 It indicates the type of MV that is allowed to be
drive by the License holder.
 Driver restriction codes are as follows:
1 – Motorcycles and Motorized Tricycles
2 – Vehicle up to 4500 kgs GVW
3 – Vehicle above 4500 kgs. GVW
4 – Automatic clutch up to 4500 kgs. GVW
5 – Automatic clutch above 4500 kgs. GVW
6 – Articulated vehicle 1600 kgs GVW and below
7 – Articulated vehicle 1601 up to 4500 kgs GVW
8 – Articulated vehicle 4501 kgs GVW and above

Driver’s Condition
 The condition of the driver’s license holder
while operating a motor vehicle is indicated as
follows:
A – Wear eyeglasses
B – Drive only with special equipment for upper
limbs
C – Drive only with special equipment for lower
limbs
D – Daylight driving only
E – Accompanied by a person with a normal
hearing

THE TEN COMMANDMENTS OF TRAFFIC


1. Keep right

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2. Observe road courtesy


 Yield to emergency vehicles, pedestrians, trains,
vehicles with right of way, vehicles ahead, large
vehicles, uphill traffic, traffic momentum,
straight traffic and traffic signs.
3. Vehicles should not be parked near
intersection, crosswalk, pedestrian lanes, fire
stations, fire hydrant, and private driveways
4. In doubt, do not overtake
 In general, the overtaking lane is the left lane of
the overtaken vehicle going the same direction.
The overtaken vehicle is the burden vehicle.
5. The Bus stop rule
 Buses queue up on single file in their order of
arrival, The lead bus moves forward to the
center of the column of busses lining-up on the
bus-stop zone, and remain until the zone is
filled up with busses, but no longer than three
minutes. Ant bus has the option to move out of
the area anytime or bypass a bus stop. There
shall be no doubling up at any point in the Bus
stop zone.
6. Rules to prevent or untangle traffic
congestion or traffic jam
 Keep opposing lanes and intersection open. In
heavy, slow or stopped traffic, there shall be no
overtaking. In a construction, the vehicles
should merge alternately.
7. Observe the traffic Management Measure
 Like the yellow lane rule, bus stop segregation
scheme, truck ban, counter low-reversible lane,
one way, car pool (at least three passengers in

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EDSA), odd and even scheme and restraints on


turning.
8. The Philosophy of a Pinoy Driver
 Motorists should observe equity of the lead
vehicle, doctrine of the last clear chance, and
the first come first-served or rotunda rule.
9. On Pedestrians
 Keep off roadway except to cross on crosswalk
or pedestrian lane, wait, embark, and alight at a
bus or jeepney stop.
10. Remember the International Safety
Reminder- SAFETY FIRST.

SIGNIFICANT LAWS

Republic Act No. 10916 (Road Speed Limiter Act


of 2016)
 Refers to a motor vehicle considered as a public
transport conveyance or common carrier duly
registered with the LTO and granted a franchise
by the LTFRB (Public Utility Vehicle/PUV).
 Refers to a device used to limit the top speed of
a vehicle through the employment of
mechanical, electronic or communications
system or the combination of these systems or
similar devices capable of performing the same
function (Speed Limiter).
 Mandatory Installation of Speed Limiter (Section
4)
 No Speed Limiter, No Registration (Section 5)
 Fines/Penalties (Section 9)

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a. Driver/operator without speed limiter, Php


50,000.00 (1st offense)
b. Non-functioning speed limiter, Php
50,000.00/1 month suspension for the driver’s
license/3 months suspension on franchise (1 st
offense)
c. 3 months suspension for the driver’s license
and 6 months suspension for the franchise plus
the fine above (2nd offense)
d. Revocation of driver’s license and 1 year
suspension of franchise plus fine above
(subsequent commission)

Republic Act No. 10913 (The Anti-Distracted


Driving Act)
RA 10913 or the Anti-Distracted Driving Act is a
new law that prohibits motorists from using
communication devices and other electronic
entertainment and computing gadgets while
vehicles are in motion or temporarily stopped on
a traffic light or an intersection. A motorist, as
defined under this law, is a person who is driving
motor vehicle.

What vehicles are covered by this Act?


This act covers both public and private vehicles. It
also covers wheeled agricultural machineries,
construction equipment, and other forms of
conveyances such as bicycles, pedicabs, trolleys,
"habal-habal", "kuligligs", wagons, carriages and
carts that may either be human-powered or
pulled by an animal as long as the same are

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operated or driven in public thoroughfares,


highways or streets.

What does this law prohibit?


Prohibited acts made while driving include but
not limited to: making or receiving calls, writing,
sending or reading text-based communications,
playing games, watching movies, performing
calculations, reading e-books, composing
messages and surfing or browsing the internet.

What are the actions exempted from this law?


Motorists are allowed to use their devices to
make or take emergency calls to authorities in
case of a crime, accidents, bomb or terrorist
threat, fire or explosion, instances needing
immediate medical attention, or when personal
safety and security is compromised.

What are the penalties?


Violators will be penalized with a fine of five
thousand pesos (Php 5,000) for the first offense,
ten thousand pesos (Php 10,000) for the second
offense, and fifteen thousand pesos (Php 15,000)
for the third offense with a three-month
suspension of driver's license. Violations incurred
beyond the third offense shall be penalized with
the revocation of driver's license and a fine of
twenty thousand pesos (Php 20,000).

Republic Act No. 10883 (New Anti-Carnapping


Act of 2016)/Repealed RA No. 6539

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 Refers to a job undertaken on a motor vehicle in


order to replace its entire body with a new body
(Body Building).
 Refers to the altering, changing, erasing,
replacing or scratching of the original factory
inscribed serial number on the motor vehicle
engine, engine block or chassis of any motor
vehicle (Defacing or Tampering with a serial
number).
 Refers to the tearing apart, piece-by-piece or
part-by-part, of a motor vehicle (Dismantling).
 Refers to the act of transferring the engine
number, chassis number, body tag number,
plate number, and any other identifying marks
of a motor vehicle declared as “total wreck” or
is beyond economic repair by concerned car
insurance companies and/or law enforcement
agencies after its involvement in a vehicular
accident or other incident and registers the
same into another factory-made body or vehicle
unit, of the same classification, type, make or
model (Identity Transfer).
 Refers to the cleaning or repairing of the whole
engine of a motor vehicle by separating the
motor engine and its parts from the body of the
motor vehicle (Overhauling).
 Refers to the state or status of a motor vehicle
after a vehicular accident or other incident, so
that it is rendered inoperational and beyond
economic repair due to the extent of damage in
its body, chassis and engine (Total Wreck).

What is Carnapping?

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Carnapping is the taking, with intent to gain, of a


motor vehicle belonging to another without the
latter’s consent, or by means of violence against
or intimidation of persons, or by using force
upon things (Section 3).

Penalty:
 20 years and 1 day but not more than 30 years,
if committed without violence against, or
intimidation of persons, or force upon things
 30 years and 1 day but not more than 40 years,
if committed by means of violence against, or
intimidation of persons, or force upon things
 Life imprisonment, if the owner, driver,
occupant of the carnapped motor vehicle is
killed or raped in the commission of carnapping
Note: Carnapping is non-bailable if evidence of
guilt is strong

Concealment of Carnapping – Any person who


conceal carnapping shall be punished with
imprisonment of 6 years to 12 years and a fine
equal to the amount of the acquisition cost of
the motor vehicle, motor vehicle engine, or any
part involved in the violation (Section 4).
 All motor vehicle engines, engine block and
chassis not registered with the LTO shall be
considered as a carnapped vehicle (Section 6).
 Unlawful for any person or employee who
willfully encodes in the registry of motor
vehicles a non-existing vehicle with or without
history, new identity of already existing vehicle

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or double/multiple registration (“KAMBAL”) of


vehicle (Section 7).
 It shall be unlawful for any person to deface or
otherwise tamper with the original or registered
serial number of motor vehicle engines, engine
blocks and chassis (Section 14).
 Identity transfer is unlawful (Section 15).
 Transfer of vehicle plate is unlawful (Section 16).

Republic Act No. 10666 (Children’s Safety on


Motorcycles Act of 2015)
 Refers to any two (2) wheeled motor vehicle
having one (1) or two (2) riding saddles
(Motorcycle)
 Refers to roads designed by the national
government or local government units as roads
for public use such as, but not limited to,
national highways, provincial roads, city,
municipal and barangay streets (Public Roads)
 Refers to a flat form attached to the
motorcycles on which to stand or brace the feet
(Foot Peg)
 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 (Section 4).
 It shall not apply when the child to be
transported requires medical attention (Section
5)
 Any person who operates a motorcycle in
violation of this Law shall be fined with an

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amount of Php 3,000 for the first offense; Php


5,000 for the second offense; and Php 10,000
for the third and succeeding offense as well as 1
month suspension of driver’s license

Republic Act No. 10586 (Anti-Drunk and


Drugged Driving Act of 2013)
 Refers to the equipment which can determine
the blood alcohol concentration level of a
person through testing of his breath (Breath
Analyzer)
 Refers to breath, saliva, urine or blood tests to
determine the blood alcohol concentration level
and/or positive indication of dangerous drugs
and similar substances in a person’s body
(Chemical Tests).
 Refers 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 (Field
Sobriety Tests).
 It shall be unlawful for any person to drive a
motor vehicle while under the influence of
alcohol, dangerous drugs and/or other similar
substances (Section 5).
 Conduct of Field Sobriety, Chemical and
Confirmatory Tests (Section 6)
 Mandatory Alcohol and Chemical Testing of
Drivers Involved in Motor Vehicular Accidents
(Section 7)
 Refusal to Subject Oneself to Mandatory Tests
(Section 8)
 Penalties (Section 12)

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a. 3 months imprisonment and a fine from


20,000 to 80,000 Php if the violation did not
result in physical injuries or homicide
b. If resulted to physical injuries, the penalty
of Article 263 of RPC and a fine of 100,000 to
200,000 Php shall be imposed
c. If resulted in homicide, the penalty for
provided in Article 249 of RPC and fine from
300,000 to 500,000 Php shall be imposed
d. Nonprofessional driver’s license shall be
suspended for 12 months for first conviction
and perpetually revoked for the second
conviction. Professional driver’s license shall be
confiscated and perpetually revoked for the first
conviction.

Republic Act No. 10054 (Motorcycle Helmet Act


of 2009)
 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 (Section 3).
 Drivers of tricycles shall be exempted from
complying with the mandatory wearing of
motorcycle helmets (Section 4).
 Penalties: 1st Offense, Php 1,500; 2nd Offense,
Php 3,000; 3rd Offense, Php 10,000 plus
confiscation
Republic Act No. 8750 (Seat Belt Law)
Republic Act No. 8749 (Clean Air Act)
Republic Act No. 7924 (Metropolitan Manila
Development Authority)

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Presidential Decree No. 96 (Unlawful use of


sirens, dome lights, blinkers and other
unauthorized attachments on motor vehicles)
Presidential Decree No. 532 (Highway
Robbery/Brigandage)
Presidential Decree No. 1612 (Anti-Fencing Law
of 1979)
Batas Pambansa Blg. 43 (An Act Providing for the
Issuance of Permanent Number Plates to
Owners of Motor Vehicles and Trailers)
Letter of Instructions No. 229 (Directing the
Installation of Early Warning Devices on Motor
Vehicle)

Republic Act No. 4136 (Land Transportation and


Traffic Code)
a. Violations concerning licensing
 Driving without license
 Driving with delinquent, invalid, suspended,
ineffectual, revoked or improper license
 Failure to show or surrender driver's license for
cause upon demand by person with authority to
confiscate
 Driving while under the influence of liquor or
prohibited drug (Repealed)
 Allowing an unlicensed/improperly licensed to
drive motor vehicle
 Possession and use of fake driver’s license
 Allowing another person to use his driver’s
license
 Use and involvement of motor vehicle by the
driver in commission of a crime

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 Student driver operating a motor vehicle


without being accompanied by a licensed driver
 Unlicensed conductor of a motor vehicle for
hire

b. Violations concerning registration


 Operating a motor vehicle which is
unregistered/improperly registered/delinquent
or with invalid registration
 Operating a motor vehicle with
unregistered/substitute or replacement engine,
engine block or chassis, change color, change
body or configuration
 Failure to carry in the motor vehicle the
Certificate of Registration (CR) and Official
Receipt (OR), original photocopies

REGISTRATION OF MOTOR VEHICLES

CLASSIFICATION OF REGISTERED MOTOR


VEHICLES
1. Private (not for hire)
 These are motor vehicles used for personal use
by the owners.
 Plate no: Green with white background.
2. Public Utility Vehicles (PUV-for hire)
 These are registered primarily for the
conveyance of passengers and other
commercial goods. ( eg. Taxi cabs, passenger
jeepneys, passenger tricycles)
 Plate no: black with yellow background.
3. Government

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 These are motor vehicles owned by government


offices and are used for official purposes only.
 Plate no: red/maroon with white background.
4. Diplomat
 These are issued to foreign diplomats and
consuls assigned in the Philippines.
 Plate no: Blue with white background.

PLATE NUMBERS
 Upon registration of a MV are assigned with
plate numbers. The letter and the numerical
prefixes as well as the assigned colors are based
on the date and place of registrations and
purpose of the registered Motor vehicle.
 Plate measurement: 890mm by 140mm 4
wheels
1. Green with white background
2. Black with yellow background
3. Red/Maroon with white background
4. Blue with white background

5. Commemorative Plates
 Special plate numbers issued for specific
purposes such as fund-raising for the
government projects and programs.
 It refers to one piece of duly issued plate used
in lieu of the regular license plates for
commemorating historical events and valid for a
limited period of and installed at the front
portion of the MV.

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FIGURE 5.12 COMMEMORATIVE PLATES

GEOGRAPHICAL DESIGNATIONS
A – Region I – Ilocos Region and CAR (Cordillera
Administrative region)
B – Region II – Cagayan Valley Region
C , R – Region III (Central Luzon) (“R” are overflow
series since the “C” is already exhausted
D, V – Region IV-A (CALABARZON) and IV-B
(MIMAROPA), V- overflow series
E – Region V (Bicol Region)
F – Region VI (Western Visayas Region
G, Y- Region VII (Central Visayas Region) “Y” are
overflow series
H – Region VIII (Eastern Visayas Region)
J - Region IX (Zamboanga Paninsula) and ARMM
K – Regions X and XIII (Northern Mindanao and
CARAGA Region)
L – Region XI (Davao region)
M – Region XII
N – National Capital Region – 1981-1982
P – National Capital Region – 1982-1991
T – National Capital Region – 1991-1995
U – National Capital Region – 1995 – 1998

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W – National Capital Region- 1998 – 2001


X - National Capital Region- 2001- 2005
MONTH OF REGISTRATION
Z – National Capital Region – 2005 - current

PROTOCOL/HIGH RANKING GOVERMENT


PLATES
1 – President
2 – Vice President
3 – Senate President
4 – Speaker of the House of Representatives
5 – Chief Justice of the Supreme Court
6 – Cabinet Secretaries
7 – Senators
8 – Congressmen
9 – Associate Justice of the Supreme Court
10 – Presiding Justice and other justices of the
Court of Appeals
11- Chairman of the Commission on Election
12 – Cabinet Undersecretary
13 – Solicitor General
14 – Chief of Staff, Armed Forces of the
Philippines and Chief PNP
16 – RTC Judges

VANITY PLATES
 It refers to the optional MV plates having
preferred inscriptions for the purpose of
establishing personalized identity of the MV to
the registered owner.

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 A single VLP is issued in conjunction with the


regular plate and is installed at the space
allotted for the rear licensed plate of the MV by
superimposing or placing it on top of the regular
license plate.
 Shall be issued to the owner of MV and shall
belong to the owner with an effectivity period
for life unless revoked by LTO due to violation
and non-compliance to the existing mandatory
MV registration laws and regulations.
 The physical service life if VLP shall be within a
period of 5 years. After which, the VLP owner
shall request for re-issuance of new plate
bearing the same alphanumeric combination
upon payment of re-issuance fee.

CATEGORIES OF VANITY PLATES


1. Limited Edition
 It consists of four or maximum of six characters,
either all numeric or all alphas.
 Example: 999999, AAAAAA, SSSSSS
 It can be purchased through public auction with
a floor price of PHP. 50,000.00
2. Premium Edition
 It consists of six characters, a combination of
numeric-alpha (reverse of the current license
plate number)
 Examples: 682 XED, 850 SAM, 777 AVE
 Price is PHP 15,000.00
3. Select Edition
 It consists of minimum of three or maximum of
six characters.
 Examples: JUST 4 YOU, LUV 8, GANDA

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 Price is PHP. 10,000.00


4. Special Plate
 It consists of three alpha characters and a
number ranging from 1-100.
 Examples: ABE 42, AVG 25

Registration of Motor Vehicle

Classification of Registered Motor Vehicles


Private
 Not for hire
 For personal use of their owners
 Green with white background
Public Utility Vehicles
 For Hire
 Registered primarily for the conveyance of
passengers and other commercial goods.
 Black with yellow background
Government
 Owned by government offices.
 Used for official purposes only.
 Red (maroon) with white background
Diplomat
 Issued to foreign diplomats and consuls
assigned in the Philippines.
 Blue with white background

Commemorative Plate - These special plate


numbers are issued for specific purposes such
as fund-raising for government projects and
programs.

Schedule of Registration

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Last Digit Middle Weekly


of Plate digit of Deadline
Number Plate (working
Number days of the
month
only)
1 – Jan 6 1 2 1 2 3 4 5 6
- Jun 3 7
2 – Feb 4 5 8 9 10 11 12
7 - Jul 6 1314
3 – Mar 7 8 15 16 17 18
8 - Aug 9 19 20 21
4 – Apr 9 0 22 23 24 25
- Sep 26 27 28
5 – May 0 29 30 31
- Oct

Special Plate Numbers for Government Officials


(Executive Order No. 400)
1 – President of the Philippines
2 – Vice President of the Philippines
3 – Senate President, etc.

c. Violations concerning number plates and


stickers
 Motor vehicle plates not firmly attached and
visible
Dirty or uncared for plates
Inconspicuously displayed plates in front and
rear
No current registration sticker
 License plates different from body number on
Public Utility Vehicle

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 Improper display of motor vehicle plates by


owner to accommodate a better display of
commemorative/other plates
 Display of expired commemorative/other plates
 Tampered/marked plates/stickers
 Illegal transfer and use of motor vehicle
plates/tags or stickers from one motor vehicle
to another except security plates on authorized
vehicle

d. Violations relative to equipment parts,


accessories, devices and marking of motor
vehicle
 Operating motor vehicle with metallic tires in
any public highway
 Defective brakes
 Improper/defective horn or signaling device
 Unnecessary lights visible in front of vehicle
 Without/defective headlights/taillights
 Without red rear, lights at both/each side visible
at least 100 meters from vehicle
 Without plate light
 Without opening brake lights
 Without/defective wiper on the windshield
 Without cut/disconnected muffler
 Dirty/unsightly dilapidated motor vehicle
 Failure to paint or improper painting of
authorized route of plates
 Non-painting of business or trade name
 Use of improvised plates to make motor vehicle
appear as for hire
 For motor vehicles operated for hire:
 Dirty/unsanitary defective unit

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 Without/defective hand brakes


 Without/defective speedometer or tachometer
 Defective or broken windshield wiper
 Without rear view mirror
 Without interior light
 Name of business name and address not
inscribed on both sides of motor vehicle used
for public service
 No spare tire
 Use of unauthorized bell, siren or exhaust
whistled on emergency
 No red flag or red lights on projecting end of
load extending more than a meter beyond the
bed or body
 Failure to paint appropriate body number on a
motor vehicle for hire on both sides
 Failure to carry Early Warning Device (EWD).
Failure to install EWD four meters away to the
front and rear of stalled/disabled motor vehicle
 No capacity marking
 Installation of jalousies, curtains, dim colored
lights, strobe lights, dancing lights or similar
lights/tinted colored or painted windshield or
window glass. Sun visor or front windshield is
allowed
 No permanent tailgate or failure to put "NOT
FOR HIRE" sign in a private jeepney/jitney

e. Violations concerning weights and load


limits
 Load extending beyond projected width without
permit
 Overloading

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 Operating motor vehicle with wheel, axle or


axle group loads in excess of the limits in Sec. 9
R.A. 4136 or any regulation without permit
 Operating motor vehicle with total weight of
cargo carrying device on passenger truck
including cargo exceeds 100 kilos
 Allowing more passengers and/or more freight
or cargo in vehicle beyond the registered
carrying capacity
 Baggage or freight carried on top of truck
exceeds 20 kilos per square meter and
distribution of such endangers in the passenger
or stability of the truck

 Right of Way (Section 42)


a. When two vehicles approach or enter an
intersection at approximately the same time,
the driver of the vehicle on the left shall yield
the right of way to the vehicle on the right,
except as otherwise hereinafter provided. The
driver of any vehicle traveling at an unlawful
speed shall forfeit any right of way.
b. The driver of a vehicle approaching but not
having entered an intersection, shall yield the
right of way to a vehicle within such intersection
or turning therein to the left across the line of
travel of such first mentioned vehicle, provided
the driver of the vehicle turning left has given a
plainly visible signal of intention to turn.
c. The driver of any vehicle upon a highway
within a business or residential district shall
yield the right of way to a pedestrian crossing
such highway within a crosswalk, except at

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intersections where the movement of traffic is


being regulated by a peace officer or by traffic
signal. Every pedestrian crossing a highway
within a business or residential district, at any
point other than a crosswalk shall yield the right
of way to vehicles upon the right of way.
d. The driver of a vehicle upon a highway shall
bring to a full stop such vehicle before
traversing any “through highway” or railroad
crossing: provided, that when it is apparent that
no hazard exists, the vehicle may be slowed
down to five miles per hour instead of bringing
it to a full stop.

 Exception to the right of way rule (Section 43)


a. The driver of a vehicle entering a highway
from private road or drive shall yield the right of
way to all vehicles approaching on such
highway.
b. The driver of a vehicle upon a highway shall
yield the right of way to police or fire
department vehicles and ambulances when
such vehicles are operated on official business
and the drivers thereof sound audible signal of
their approach.
c. The driver of a vehicle entering a “through
highway” or a “stop intersection” shall yield the
right of way to all vehicles approaching to either
direction on such “through highway”: provided,
that nothing in this subsection shall be
construed as relieving the driver of any vehicle
being operated on a “through highway” from
the duty of driving with due regard for the

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safety of vehicles entering such “through


highway” or as protecting the said driver from
the consequence of an arbitrary exercise off
such right of way.
 Reckless Driving (Section 48)
 Right of way for police and other emergency
vehicles (Section 49)
 Duty of a driver in case of accident (Section 55)
 Penalty for Violation (Section 56)

TRAFFIC LAWS

R.A. 4136
It is otherwise known as the Land Transportation
Code of the Philippines.
It is the basic law regulating land transportation
in the Philippines.
It repealed ACT. No. 3992 known as the Revised
Motor Vehicle Law.
RA No. 10586- “Anti-Drunk and Drugged Driving
Act of 2013“
RA No. 10666- “Children’s Safety on Motorcycles
Act of 2015”.
RA No.. 10054- "Motorcycle Helmet Act of 2009"
RA No. 10883- New Anti Carnapping law of the
Philippines
RA No. 10913- An act defining and penalizing
distracted driving
R.A. 6539 Anti-Carnapping Act of 1972.
R.A. 7924 The act creating the Metropolitan
Development Authority, defining its powers and
functions, providing funds therefore and for
other purposes.

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R.A. 8749 Clean Air Act.


R.A. 8750 It provides for the attachment of
seatbelts for all types of motor vehicles and
impose the penalty for the non-compliance
thereof.
R.A. 8794 Overloading act of the Philippines.
P.D. 96 Regulating the use of sirens, bells, horns
and others by prohibiting the attachment of
siren, bells, or horns on motor vehicles which
produce unusual or startling sounds as well as
blinkers and other similar devices unless the
vehicle belongs to the AFP, NBI, LTO, PNP,
BJMP, HOSPITALS & FIRE DEPARTMENTS and
are specifically intended for use in emergencies.
P.D. 98 An act regulating the issuance of all
motor vehicles
P.D. 109 Modifying P.D. 98.
P.D. 101 Expediting the methods of prescribing,
redefining and modifying the lines and mode of
operations of public utility motor vehicles in the
Philippines.
P.D. 207 Declaring as part of laws of the
Philippines the Vienna Convention on road
Traffic Signs and Signals.
P.D. 612 Requiring compulsory insurance for all
types of motor vehicles against third party
liability as an additional pre-requisite for
registration by the LTO.
P.D. 1181 Providing for the abatement of air
pollution from motor vehicles and for other
purposes
P.D. 1605 Granting the Metropolitan Manila
Commission certain powers related to traffic

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management and control in Metropolitan


Manila providing penalties and for other
purposes.
P.D. 1686 Imposing a tax on every motor vehicle
equipped with air conditioner.
P.D. 1729 Authorizing the Bureau of Land
Transportation to dispose impounded motor
vehicles unclaimed by owners for a certain
period of time.
P.D. 1730 Declaring the syndicated printing,
manufacturing, distribution, possession, or used
of fake official Bureau of Land Transportation
forms, documents, plates, and stickers as
offenses involving economic sabotage.
L.O.I. 43 Providing for the removal of all
impediments on roads, streets, and highways
such as constructions, stalled or parked vehicles
and other movable property that obstruct free
passage. This abrogated city or municipal
ordinances governing the disposition of traffic
on city and municipal streets throughout the
country.
L.O.I 112 Prohibiting freight and cargo trucks
from using roads, highways and bridges whose
load capacities are in excess of specific
allowable limits.
L.O.I 229 Requiring all motor vehicle owners,
user’s or driver’s to have in their possession at
all time while driving at least 1 pair of early
warning device for use when the vehicle is
disabled on roads, streets and highways or
other emergencies compelling the vehicle to be
in stop position.

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L.O.I 716 Requires that every motor vehicle to


equip at least a pair of early warning device.
L.O.I 551 Directing the Law enforcement
agencies to implement the Pollution Control
Program.
L.O.I 1009 All owners of private motor vehicles
who desire to stop operating or using their
number plates and registration certificates to
surrender to BLT.
A.O. 8, S-1968 Requiring the towing and
impounding of stalled motor vehicles on public
highways and the imposition of corresponding
fees thereof.
A.O. 1, S-1973 Prescribing guidelines and
procedures in implementation of P.D. 96.
A.O. 1, S-1975 Laying down specific rules of
action in the imposition of uniform fines and
penalties for violation of the provision of R.A.
4136.
S.O. 101 Enumerating and identifying various city
streets where parking is prohibited.
M.C. 2005-14 Supplement to Memorandum
Circular 2003-033, which grants fare discounts
to elderly, disabled persons and students.

SIMPLE RECALL/DEFINITION OF TERMS


It is that occurrence in a sequence of events
which usually produces unintended injury, death,
or property damage (Accident).
A motor vehicle that is left unattended in an
area not provided for parking or unattended for
one or two days in an area provided for parking
(Abandoned Motor Vehicles).

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Any inherent characteristics of a road, a vehicle,


or a person that affects the probability of a traffic
accident (Attribute).
The combination of simultaneous and
sequential factors without any one of which
result could not have occurred (Cause).
A marking on a roadway left by a rotating tire
and wheel of a speeding vehicle on a curve when
the speed of the vehicle is above the critical
speed of the curve and the centrifugal force
entirely or partially overcomes the friction
between the mass of the vehicle and its tires and
the surface of the roadway (Centrifugal Skid
Mark).
It is the measurement of the maximum
frictional resistance of pavements. It is equal to
the force exerted when the wheels are skidding
divided by the weight of the car, Principle of
Computation:
Formula: F = S2/30(D)
F – Drag Factor
S – Speed
D – Distance
30 – speed is given in miles per hour and
the distance in feet (Coefficient of Friction or
Drag Factor).
Damage to a vehicle resulting from direct
pressure of some foreign object in a collision or
roll over (Contact Damage).
The scattered broken parts of vehicles, rubbish,
dust and other materials left at the scene of the
accident caused by a collision (Debris).

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It is the separation of a traffic unit in motion


from an object with which it has collided
(Disengagement).
Any circumstance contributing to a result
without which the result could not have occurred
or it is an element necessary to produce the
result, but not by itself sufficient (Factor).
It is the place and time when objects involved in
an accident finally come to rest without
application of power (Final Position).
A braking skid mark which is interrupted by
release and reapplication of brakes or which
terminates by release of brakes before collision
(Gap Skid).
A groove made by a hard part of a motor
vehicle to another car after sidesweeping each
other or it may be left on a road surface by a
motor vehicle which overturned then slid on the
road surface (Gouge).
This is the degree of inclination or declination of
the road. It is quicker to stop uphill than on level
road and downhill road, Formula: f = horizontal
distance/vertical rise or fall (Grade or
Slope/Gradient).
It is generated when a critical space-motion
relationship between a traffic unit and another
object develops due to the movement of either
or both (Hazard).
The striking of one body against another or a
collision of a motor vehicle with another motor
vehicle (Impact).

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Marks caused by the forward rotation of the


wheels being slower than the forward movement
of the vehicle (Impending Skid Marks).
The first accidental touching of an object
collision course or otherwise avoids a hazard
(Initial Contact).
As applied to a street or highway means the
space occupied by two streets at the point where
they cross each other (Intersection).
An event on the road which characterizes the
manner of occurrence of a motor vehicle traffic
accident (Key Event).
It is greatest collapse or overlap in a collision
(Maximum Engagement).
A circumstance that alters an attribute
permanently or temporarily (Modifier).
Any vehicle propelled by any power other than
muscular power using the public highways, but
excepting road rollers, trolley cars,
streetssweepers, sprinklers, lawn mowers,
bulldozers, graders, forklift, amphibian trucks,
cranes if not used on public highways, including
vehicles which run only on rails or trucks,
tractors, trailers and tractor engines of all kinds
used exclusively for agricultural purpose (Motor
Vehicle).
The portion of a traffic way which is improved,
designed or ordinarily used for vehicular travel,
exclusive of the shoulder (Roadway).
Refers to any motor vehicle accident occurring
on a traffic way involving a motor vehicle in
motion that results in death, injury or property
damage (Motor Vehicle Traffic Accident).

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Any event that results in unintended injury or


property damage attributed directly or indirectly
to the motion of a motor vehicle on the road
(Motor Vehicle Accident).
Refers to any motor vehicle accident, which
occurs entirely, is any place other than a traffic
way (Motor vehicle Non-Traffic Accident).
Refers to any accident occurring on a traffic way
involving persons using the traffic for travel on
transportation, but not involving a motor vehicle
in motion (Non-Motor Vehicle Traffic Accident).
When a vehicle collided with other object, it
sometimes transfers its paint to the other object
(Paint Strips).
These pertain to all lines, patterns, words,
colors, or other gadgets except signs into the
surface or applied upon or attached to the
pavement or curbing or to objects within or
adjacent to the roadway, officially placed for the
purpose of regulating, warning or guiding traffic
(Pavement Markings).
The time from the point of possible perception
to actual perception (Perception Delay).
Seeing, feeling, or hearing and understanding
the unusual or expected movement or condition
that could be taken as a sign of an accident about
to happen (Perception of Hazard).
The place and time of which the hazard could
have been perceived by a normal person (Point
of Possible Perception).
It is that place and time after or beyond which
the accident cannot be prevented by the traffic
unit under consideration (Point of No Escape).

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It is defined as telling drivers and pedestrians


when, how and where they may or may not move
or stand at a particular place, especially during
emergencies or period of congestion (Police
Traffic Direction).
A misnomer loosely applied to the most obvious
or easily explained factor in the cause of an
accident or the most easily modified condition
factor (Primary Cause).
This is the distance traveled before applying the
brakes. (Reaction Time).
Refers to reduced risk of accident or injury on
the roads, achieved through multidisciplinary
approaches involving road engineering and traffic
management, education and training of road
users, and vehicle design (Road Safety).
A sunken track worn by a wheel, as in road;
hence, a groove forming a path for anything
(Ruts).
The speed adjusted to the potential or possible
hazards or the road and traffic situation ahead
(Safe Speed).
Speed Calculation
Formulas used in finding speed estimates
a. S = 5.5 ❑√ DF=(speed on a level road)
b. S = 5.5 ❑√ DF ¿ ¿
c. D = S2/30F = skid marks
d. F = S2/30D = drag Factor
Where:
S= Speed (mph)
F=coefficient of friction (drag factor)
f=grade (1, 2,4) or super elevation
D=distance (feet)

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It is a roadway marking left by the tire and


wheel of a vehicle sliding sideways as a result of
force other than centrifugal force (Scuff
Mark/Slide Skid Mark).
These are marks left on the roadway by tires
which are not free to rotate, usually because
brakes are applied strong and the wheels locked
(Skid Marks).
This is when the traffic unit/s involved come to
rest (Stopping).
Any action taken by the traffic unit to avoid
hazardous situations like steering, braking, or
accelerating to avoid collision or other accident
(Tactic).
An accident involving travel transportation on a
traffic way (Traffic Accident).
Refers to procedures, devices and
communication systems that help vehicles and
vessels safety share the same roads, rails,
waterways, or air space (Traffic Control).
These are areas within the roadway constructed
in a manner to establish physical channels
through which vehicular traffic is guided (Traffic
Island).
Refers to any power operated traffic control
device by which traffic is warned or directed to
take some specific actions (Traffic Lights).
Refers to the observation of road conditions,
the behavior of the drivers and other users of
vehicles for the purpose of traffic supervision and
law enforcement and providing authorized traffic
connected services to the public (Traffic Patrol).

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It is the process of training road users in the


avoidance and prevention of traffic-related
accidents (Traffic Safety Education).
Refers to any device mounted on portable
support whereby a message is conveyed by
means of words or symbols officially installed for
the purpose of regulating, warning, or guiding
traffic (Traffic Signs).
Refers to any person using a traffic way for
travel parking or other purpose as a pedestrian or
driver, including any vehicle, or animal which he
is using (Traffic Unit).
The entire width between boundary lines of
every way or place any part of which is open to
the use of public for purpose of vehicular traffic
as a matter of right or custom (Traffic Way).
A scuffmark made while a vehicle is yawning the
mark made on the road by a rotating tire which is
slipping in a direction parallel to the axle of the
wheel (Yawn Mark).

Organized Crime Investigation

What is organization?
Organization has been described as a group of
people who cooperate to accomplish objective or
goals. Max Weber (1947) list rules, specialization
and specialized training, a division of labor, a
hierarchy of authority, and continuity or
routinization as the parts of a structure necessary
for the efficient function of bureaucracies

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What is organized crime?


 The European Commission and Europol (2001)
developed a working definition according to
which eleven characteristics of criminal
organizations are associated with the term
“organized crime.”
 The EU definition requires the presence of a
minimum of four mandatory and two optional
criteria:
Mandatory:
Collaboration among more than two people;
Extending over a prolong or indefinite period;
Suspected of committing serious criminal
offenses punishable by imprisonment of at
least four years or more; and
The central goal of profit and power
Optional:
Specialized division of labor among
participants;
Exercising measures of discipline and control;
Employing violence or other means of
intimidation;
Employing commercial-business like
structures;
Participating money-laundering;
Operational across national borders; and
Exerting influence over legitimate social
institutions.
 A structured group of three or more persons,
existing for a period of time and acting in
concert with the aim of committing one or
more serious crimes or offences in order to

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obtain, directly or indirectly, a financial or


other material benefit” (UN Conventions
against Transnational Organized Crime, Article
2a).

Organized crime or criminal organizations that


are transnational, national, or local groupings of
highly centralized enterprises run by criminals for
the purpose of engaging in illegal activity, most
commonly for monetary profit. Some criminal
organizations, such as terrorist organizations, are
politically motivated. Gangs may become
disciplined enough to be considered organized.
And organized gang or criminal can also be
referred as a mob. It is also defined as a complex
set of people and functions interrelated in
hierarchical structure specifically for the purpose
of attaining set of goals.
The UNTOC does not contain a precise
definition of 'transnational organized crime'. Nor
does it list the kinds of crimes that might
constitute it.
This lack of definition was intended to allow
for a broader applicability of the Organized Crime
Convention to new types of crime that emerge
constantly as global, regional and local conditions
change over time.

What is organized crime?


 The illegal activities carried out by an organized
criminal group or groups of persons,
 Having the aim of committing serious crimes.

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 In order to obtain, directly or indirectly, a


financial or other material benefit.

What is Structured Group?


“Structured group” shall mean a group that is
not randomly formed for the immediate
commission of an offence and that does not
need to have formally defined roles for its
members, continuity of its membership or a
developed structure.
 Any group having some manner of a formalized
structure and whose primary objective is to
obtain money through illegal activities. Such
groups maintain their position through the use
of actual or threatened violence, corrupt public
officials, graft, or extortion, and generally have a
significant impact on the people in their locales,
region, or the country as a whole (FBI).
 It refers to the groups of individuals who
organize themselves in a hierarchical structure,
usually for the purpose of engaging in the
business of crime. These groups are set up in
such a way that even when police arrest one or
two members, the organization continues to
operate. This structure is what makes fighting
organized crime so difficult (Steven Briggs,
2009).
 In sociology, it refers to secretive organizations
with the primary objective of criminal activity.
 "The unlawful activities of the members of a
highly organized, disciplined association
engaged in supplying illegal goods and services,
including but not limited to gambling,

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prostitution, loan sharking, narcotics, labor


racketeering, and other unlawful activities of
members of such organizations” (The Omnibus
Crime Control and Safe Streets Act (U.S.), 1968).

Organized Crime Group


 These are transnational, national, or local
groupings of highly centralized enterprises run
by criminals for the purpose of engaging in
illegal activity, most commonly
for monetary profit.
 A structured group of three or more persons,
existing for a period of time and acting in
concert with the aim of committing one or more
serious crimes of offenses in order to obtain,
directly or indirectly, a financial or other
material benefit (UN, PALERMO ITALY, 2000)

TRANSNATIONAL ORGANIZED CRIME- a crime


perpetrated by organized criminal group with the
aim of committing one or more serious crimes or
serious offense, in order to obtain directly or
indirectly, a financial or material benefit.

ECONOMIC CRIMES-a crime involving the


unlawful conversion of the ownership of property
belonging to another person to one’s own use
and benefit.

WHITE COLLAR CRIMES-a financially motivated


nonviolent crime committed for illegal monetary
gain. It was first coined by Edwin Sutherland as a

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crime by a person of respectability and high


social status in the course of his occupation.

BLUE COLLAR CRIME-Crimes that happen on the


streets every day.

POLITICAL CRIMES-refer to crimes committed or


acts omitted that injure or are perceived as
injuring the state, the state’s government, or the
political system.

STATE CRIMES- refers to criminal acts or


omissions of the state itself, typically against
those its own citizens.

ENVIRONMENTAL CRIME- the deliberate evasion


of environmental laws and regulations by
individuals and companies in the pursuit of
personal interest and benefit

Concept of Organized Crime


 Alien Conspiracy Theory – The view that
organized crime was imported to the United
States by Europeans and that crime cartels have
a policy of restricting their membership to
people of their own ethnic background.
Organized crime is a direct offshoot of a
criminal society—the Mafia—that first
originated in Italy and Sicily and now controls
racketeering in major U.S. cities. A major
premise of the alien conspiracy theory is that
the Mafia is centrally coordinated by a national

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committee that settles disputes, dictates policy,


and assigns territory.
 Not all criminologists believe in this narrow
concept of organized crime, and many view the
ACT as a figment of the media’s imagination.
Their view depicts organized crime as a group of
ethnically diverse gangs or groups who compete
for profit in the sale of illegal goods and services
or who use force and violence to extort money
from legitimate enterprises. These groups are
not bound by a central national organization but
act independently on their own turf.

What are the attributes of an organized crime?


 Has non-ideological motives
 Exhibits continuity over long period of time; is
perpetual in nature.
 Uses tactical and strategic or long-term planning
to reach the goals of organized crime
 Governed by rules and code of secrecy

 Seeks to monopolize products and services

 Has an organized hierarchy


 Use force and intimidation
 Restrict membership
 Obtain enormous profits by criminal means

 Provides illegal goods and services as demanded


by the public
 Employ corruption for immunity and control
 Creates a division of labor with job
specialization

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 Engages in money laundering


 Invests profits in legal enterprises and seeks to
control these enterprises
 Exhibits an ability to adapt to changes in supply
and demand, law enforcement, and competition
 Operates internationally
 Engages in more than one illicit activity
(diversity in business)
 Use legal business as fronts for illegal activity

Three (3) Essential Components of Organized


Crime
1. Criminal groups that are structured using
corruption, violence, and intimidation to gain
wealth and power.
2. Corrupt public officials and businesspeople
who act as protectors ensuring continuity and
insulating the group from civil and criminal
action by the government.
3. Social support including use of illegal
services and products and specialists who
facilitate organize crime activity.

Essential to the Activities of Organized Crimes


(Donald Cressey, 1969)
1. Corruptor – one who bribes, buys,
intimidates, threatens, negotiates and “sweet
talk” into a relationship with the police, public
officials or anyone else who might help the
member security and maintain immunity from
arrest, prosecution and punishments.

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2. Corrupted – a public official, usually not a


member of the organization family, who can
influence on behalf of the organization interest.
3. Enforcer – one who make arrangement for
killing and injuring (physically, economically and
psychologically) the member or non-member.

Successful Principles Utilized by Legitimate


Business Organizations Incorporated by
Organized Crime Group
 A unit of command: a superior to whom one is
directly responsible
 The principle of definition: clearly defining
authority and responsibility
 The span of control: a limited number of people
controlled by a supervisor
 The principle of objective: defining purpose of
the organization or the business that is
undertaken (i.e., drugs, murder for hire,
extortion, gambling)
 Insulation and the need-to-know principle:
personnel have contact only with their
immediate boss and peers
 A pyramidal structure: orders of flow down the
hierarchical chart and important decisions are
made at the top
 The principle of specialization: members of
organized crime are experts in a single job
function
 Rules: omerta (vow of silence, never talking to
police) and the process of becoming a member
of an organized crime group

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Generic Type of Organized Crimes


1. Political Graft– committed by political
criminals for purposes of gaining profit through
violence or force for the attainment of political
goals. (Private armies, buying of votes or
threatening voters)
2. In-Group Oriented Organized Crime - manned
by semi-organized individual with the end view
of attaining psychological gratification
(adolescent gangs)
3. Mercenary/Predatory OC – perpetuated for
the attainment of direct personal gain but prey
upon unwilling victims.
4. Syndicated Crimes – comes with a structured
organization that participates in illicit activity in
society using force, or intimidation.

Types of Organized Crimes


1. Provision of Illicit Goods – it is a category of
organized crime that offers particular products
that a segment of the public desires, but cannot
obtain through legitimate channels.
2. Provision of Illicit Services – it involves an
attempt to satisfy the public demand for
money, sex, and gambling that legitimate
society does not fulfill. The specific crime
involve include: loansharking, prostitution, and
gambling.
3. Infiltration or Abuse of Legitimate Business
– Labor racketeering and the takeover of waste
disposal companies are two examples of
infiltration of legitimate business.

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Models of Organized Crime


1. The Bureaucratic OR Corporate Model:
The corporation, the police, and the military are
examples of bureaucracies, the mode of
organization essential for efficiently carrying out
large scale tasks.
2. The Patrimonial/Patron Client
It is a characteristics of traditional societies that
centers on families, patrons and their clients,
and other personalities networks.

Bureaucratic or Corporate Model


Forms of Connection/Relationship between
organized crime and illegal business:
1. Parasitic – members of criminal organization
extort money from illegal entrepreneurs under
a threat of violence.
2. Reciprocal – members of a criminal
organization require legitimate or illegal
entrepreneurs to pay a fixed or percentage
amount but in return provide services such
restricting market entry, debt collection, and
arbitration.
3. Entrepreneurship – a member of a criminal
organization provides an illegal good such as
drugs or a service such as enforcement of
restraint of trade agreements.

Origin of Organized Crimes


1. Four (4) Opportunity Factors - changing
combinations of these factors help determine
the nature and extent of organized crime in a
specific area:

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a. Economic – economic conditions such as


poor standard of living, high demand of an
illicit product or service combined with an
affordable supply, and a competitive
environment that makes it possible to cater
the demand.
b. Governmental – contributory government
factors include a weak central or local
government that has difficulty enforcing laws
and contracts, corruption among public
leaders, or laws that create or expand
criminal markets.
c. Law Enforcement – are those
characteristics of police agencies that
discourage or promote organized crime
activity. Law enforcement factors include the
degree to which police are well-trained and
adequately paid, levels of police corruption,
and the extent of government interference in
police operations.
d. Social or Technological Changes –
individual freedoms or new technology can
promote or limit opportunities for organized
crime. Examples include rapid changes in
access to the internet, the ability to travel
freely, cellphone access, software copying
capabilities, changes in the legal status of
women, and similar factors that create or shift
opportunities for both legitimate and
illegitimate purposes.
2. The Criminal Environment – it is the nature
of the offending population in a particular area.
Is there a history of organized criminal activity?

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Is there a history of organized crime activity in


this area for this product or service? If so, the
likelihood of organized crime exploitation of the
opportunity factors described previously would
be increased.
3. Special Access or Skills – given the
existence of certain opportunity factors and
knowledge of the criminal environment, special
skills or access also might be needed in order to
exploit these criminal opportunities.
4. The gap that exists between the goods and
services which citizens demand and the legal
codes that attempt to regulate supply.
5. Traditions and political structures conducive
to corruption are also very important to the
development of organized crime.
6. The development of organized crime is also
related to geographic location.

Methods of Operation of Organized Crimes


Briggs (2009) discussed the most common
organized crime activities for making money.
Since criminal can be ingenious when it comes to
figuring out ways to make money illegally, they
tend to visualize the next step or new means to
continuously perpetrate illegal activities to obtain
profit.
1. Selling narcotics
2. Marketing counterfeit and pirated products
3. Committing fraud
4. Loan sharking
5. Extorting money

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6. Committing violence to support the


‘business’
7. Money Laundering

New and Emerging Organized Crimes (UNODC,


2012)
1. Environmental Crime – is the deliberate
evasion of environmental laws and regulations
by individuals and companies in the pursuit of
“personal interest and benefit.”
2. Cybercrime
3. Trafficking in Cultural Property – this type
of trafficking often takes advantage of
legitimate market mechanisms, such us auctions
and internet sales, e.g. an organized criminal
group created a network of foreign companies
used as shell entities to conceal the origin of
ancient coins from illegal excavations and
transfer abroad huge quantities of these coins
without legal authorization. Investigations
disclosed the criminals’ intent to use the shell
companies and forged documents to avoid
detection of their illicit activity.

Criminal Syndicate
 The Five Families –the five mafia crime families
out of New York (Bonanno, Colombo, Gambino,
Genovese, and Lucchese)
 United Bamboo
 Tijuana Cartel
 Dai Huen Jai
 La Cosa Nostra
 14k

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 D Company
 ‘Ndrangheta (courage or loyalty)
 Yamaguchi-Gumi
 Solntsevskaya Bratva
 American Mafia
 Balkan Organized Crime
 Camorra (gang)
 Chicago Outfit
 Eurasian Organized Crime
 Hells Angels Motorcycle Club
 Sacra Corona Unita
 Sinaloa Cartel

Local Syndicate
 Alex Boncayao Brigade
 Francisco Gang
 Kuratong Baleleng
 Martilyo Gang (Utap Robbery Gang)
 Pentagon Gang

TRIADS
A triad is one of many branches of
Chinese transnational organized
crime organizations
-Nine (9) main triads operating in Hong Kong:
1. Wo Hop To,
2. WoShingWo,
3. Rung,
4. Tung,
5. Chuen,
6. Shing,
7. Sun Yee On,
8. 14K and

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9. Luen

Triads based elsewhere


Bamboo Union, Taiwan
Four Seas Gang, Taiwan
Lo Fu-chu, Taiwan
Sio Sam Ong, Malaysia
Ang Soon Tong, Singapore
WahKee, Singapore
Salakau, Singapore
Ghee HinKongsi, Singapore
WahChing, San Francisco
Black Dragons, Los Angeles
Flying Dragons, New York City
Born to Kill, New York City
Ah Kong, Amsterdam
Black Jade, Texas
Chinese Triad - refers to Chinese societies
common mystical symbol; an equilateral
triangle representing Chinese basic concept of
Heaven, Earth and Man.
Tongs
 Tongs are similar to triads except that they
originated among early immigrant Chinatown
communities independently, rather than as
extensions of modern triads.
 The word literally means "social club," and
Tongs are not specifically underground
organizations.
 The first Tongs formed in the second half of
the 19th century among the more marginalized
members of early immigrant Chinese American

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communities for mutual support and protection


from nativists.
 These Tongs modeled themselves on triads,
but they were established without clear political
motives, yet they become involved in criminal
activities such as extortion, illegal gambling,
drug trafficking, human trafficking, murder and
prostitution.
Tongs- translates as “hall” or “lodge” but it
usually refers to the organization itself, not the
building they might meet in. originated among
early-marginalized Chinatown communities to
protect themselves from the natives, but
because it had no political motives, they soon
found themselves involved in criminal activities
like extortion, gambling, human trafficking,
murder and prostitution.
Yakuza (8-9-3)
-also known as gokudō are members
of transnational organized
crime syndicates originating in Japan.
-The Japanese police, and media by request of
the police, call them bōryokudan ("violent
groups"),
-while the yakuza call themselves
"ninkyōdantai" ("chivalrous organizations").
-Adopted the traditional Japanese hierarchical
structure of oyabun-kobun where kobun (lit.
foster child) owe their allegiance to
the oyabun (lit. foster parent).
-Yakuza groups are headed by
an oyabun or kumichō (family head) who gives
orders to his subordinates, the kobun. In this

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respect, the organization is a variation of the


traditional Japanese senpai-kōhai (senior-junior)
model.
-They refer to each other as family members -
fathers and elder and younger brothers.
-The yakuza is populated almost entirely by men,
and there are very few women involved who are
called ane-san (older sister).
-Yakuza have a complex organizational
structure.
 There is an overall boss of the syndicate,
the kumicho,
 directly beneath him are
the saikokomon (senior advisor) and so-
honbucho (headquarters chief).
 The second in the chain of command is
the wakagashira, who governs several gangs in
a region with the help of a fuku-honbucho who
is himself responsible for several gangs.
 The regional gangs themselves are
governed by their local boss, the shateigashira.

-Yubitsume, or the cutting off of one's finger, is


a form of penance or apology.

FIGURE 6.1 YUBITSUME

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-Many yakuza have full-body tattoos (including


their genitalia). These tattoos, known as irezumi.

FIGURE 6.2 IREZUMI


-Yakuza frequently engage in a unique form of
Japanese extortion known as, sōkaiya. In
essence, this is a specialized form of protection
racket. Instead of harassing small businesses, the
yakuza harasses a stockholders' meeting of a
larger corporation.
-The Burakumin are a group that is socially
discriminated against in Japanese society, whose
recorded history goes back to the Heian Period in
the 11th century.
Biggest Yakuza Family:
1. Yamaguchi-gumi- The Yamaguchi-gumi is the
biggest yakuza family, accounting for 50% of all
yakuza in Japan, with more than 55,000
members divided into 850 clans. From its
headquarters in Kobe, it directs criminal
activities throughout Japan.
2. Sumiyoshi-kai -The Sumiyoshi-kai is the second
largest yakuza family, with 20,000 members
divided into 277 clans. Sumiyoshi-kai is a
confederation of smaller yakuza groups.
Structurally, Sumiyoshi-kai differs from its

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principal rival, the Yamaguchi-gumi, in that it


functions like a federation.
3. Inagawa-kai -The Inagawa-kai is the third
largest yakuza family in Japan, with roughly
15,000 members divided into 313 clans. It is
based in the Tokyo-Yokohama area and was one
of the first yakuza families to expand its
operations to outside Japan.

Yakuza Rituals
1. Yubitsume - for the first offense, the
transgressor must cut off the tip of his left little
finger and hand the severed portion to the boss
as a form of penance or apology.
2. Irezumi - hand-poked full-body tattoos for the
members through hand-made and hand-held
tools with needles of sharpened bamboo or
steel
3. Pearlings - One pearl is inserted into the skin
of the penis of the member for every year.
4. Oicho-Kabu - the members, whenever they
play this card game, are given the chance to
display their tattoos to the other members as
they normally keep them concealed with long-
sleeved and high-necked shirts.
5. Sake-sharing ceremony - It is used to seal
bonds of brotherhood between individual
yakuza members or groups.

HEIJIN
Taiwanese gangsters who are often executives in
large corporations. Involves in white collar
crimes, such as illegal stock trading and bribery.

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United Bamboo Gang – involves in drug


trafficking, women and child trafficking and
prostitution.

“Four Seas Gang” - A triad society based in


Taiwan which includes mainland Chinese and
their descendants who are actively engage in
alien trafficking in Southern California

HONGKONG
The 14K - was founded in 1947 by a Kuomintang
general who fled with hundreds of his followers
to Hongkong after the Communist victory.
SINGAPORE - Lowest cases of organized activities
due to stringent laws and severe penalties.
“MAFIA”
 It is a term used to describe a number of
criminal organizations around the world.
 The first organization to bear the label was the
Sicilian Mafia based in Italy, known to its
members as Cosa Nostra.
 Protection against arrogance of the powerful
 MAFIA is a Sicilian-Arabic term derived from
terms meaning to protect and to act as
guardian; friend or companion; to defend;
preserve power; integrity, strength.
 The word MAFIA is believed to be an acronym.
 Morta Alla Francia, Italia Anela “Death to
France Italy cries”

What is the original name of Mafia?

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La Cosa Nostra (Our thing)

Mafiosi
Sicilian phrase which means “friends of friends”.
The member of the Mafia
Man of Honor

RESPECT – foundation of the entire mafia


FEAR – the engine
Money - fuel

Omerta -the code of silence and secrecy of the


Sicilians (Mafiosi) that forbids the common
man, woman or child to cooperate with the
police or government.
 Ideal of manliness
 Non-cooperation with authorities
 Self-control in face of adversity
 Vendetta- blood washes blood
 Neither government nor church to be trusted

What is the punishment for the violation of


OMERTA? DEATH
Excellent Cadaver
Pertains to the assassination of prominent
government officials. (Sicilian Mafia)

FIVE FAMILIES OF MAFIA


 Bonnano
 Colombo (originally the Profaci Family)
 Gambino (originally the Mineo Family)
 Genovese (originally the Luciano Family)

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 Lucchese (originally the Reina Family).

Types of Mafia:
 Sicilian Mafia – the oldest type of Mafia, 2 nd
largest (excellent cadaver)
 The Neopolitan Camora – first largest group of
Mafia; no clans
 Calabrian Mafia - 3rd largest ( ‘N drangeta)
 Sacra Corona Unita - smallest

The Sicilian Mafia - it is the most powerful and


most active Italian organized crime group in the
US. It is also considered the second largest
organization in Italy.
The American Mafia (MAFIA)
-commonly known as the Mafia, Italian
Mafia, Italian Mob, or the Mob in the United
States, is an Italian Americancriminal
society that originated and developed from
the Sicilian Mafia.
-The Italian-American Mafia is a secret criminal
society without a formal name, similar to
the Sicilian Mafia.
-Its members usually refer to it as CosaNostra(La
Cosa Nostra) , a phrase which literally
translates to "our thing," but can be more
accurately paraphrased as "our work" or "our
operation."
-The creator of the American Mob was long-time
criminal Charles "Lucky" Luciano.
-The most important unit of the American Mafia
is that of a "family", as the various criminal

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organizations that make up the Mafia are


known.
-Despite the name of "family" to describe the
various units, they are not familial groupings.
The origins of the term are debatable though
most agree the term is derived from the word
"Ma'afir" a term rooted in Arabic and meaning
'shelter' or 'place of refuge'.

Organizational Structure
Boss – The boss is the head of the family, usually
reigning as a dictator, sometimes called the Don
or "Godfather".
Consigliere – The consigliere is an advisor to the
family and sometimes seen as the boss's "right-
hand man". He is used as a mediator of disputes
and often acts as a representative or aide for the
family in meetings with other families, rival
criminal organizations, and important business
associates.
Underboss – The underboss, usually appointed
by the boss, is the second in command of the
family. The underboss often runs the day-to-day
responsibilities of the family or oversees its most
lucrative rackets.
Caporegime (or capo) – A caporegime (also
captain or skipper) is in charge of a crew, a group
of soldiers who report directly to him. Each crew
usually contains 10–20 soldiers and many more
associates. A capo is appointed by the boss and
reports to him or the underboss. A captain gives
a percentage (TRIBUTE) of his (and his
underlings') earnings to the boss and is also

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responsible for any tasks assigned, including


murder
Soldier (Soldato in Italian) – A soldier is a
member of the family, and traditionally can only
be of full Italian background (although today
many families require men to be of only half
Italian descent, on their father's side).
Associate – An associate is not a member of the
Mafia, but works for a crime family nonetheless.

NOTE: Members of MAFIA is known as MAFIOSI


Mafia rules and customs
 Omertà – is the oath or "code of silence",
never talk to the authorities.
 Ethnicity – only men of Italian descent are
allowed to become full members (made men).
Associates, partners, allies etc. have no ethnic
limits.
 Family secrets – members are not allowed
to talk about family business to non-members.
 Blood for blood – if a family member is
killed (by another member) no one can commit
murder (in revenge) until the boss gives
permission.
 No fighting among members – from fist
fights to knife fights.
 Tribute – every month; members must pay
the boss; also giving the boss a cut on any side
deals.
 Adultery – members are not allowed to
commit adultery with another family member's
wife.

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 No facial hair – members were not allowed


to grow mustaches; part of the Mustache Pete
way.
 Homosexuality is reportedly incompatible
with the American Mafia code of conduct.

NOTABLE ORGANIZED CRIME GROUP


1. SolntsevskayaBratva - also known as
the Solntsevskaya
Brotherhood or Solntsevskaya gang is the
biggest and most powerful crime syndicate of
the Russian mafia.
 founded in the late 1980s by Sergei
Mikhailov, a former waiter who had served a
prison term for fraud.
 Based out of the Solntsevo
District of Moscow

2. Yamaguchi-gumi
3. The Camorra is- an Italian Mafia-typecrime
syndicate, or secret society, which arose in the
region of Campania and its capital Naples.
 It is one of the oldest and largest criminal
organizations in Italy, dating back to the 16th
century. Unlike the pyramidal structure of
the Sicilian Mafia, the Camorra's organizational
structure is more horizontal than vertical.
 Consequently, individual Camorra clans act
independently of each other, and are more
prone to feuding among themselves.
 The Camorristas operated a system known
as "scratch" where they used to step up illegal

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activities if their legitimate ventures were


struggling.

4. The 'Ndràngheta - is organized crime centered


in Calabria, the poorest regionof Italy. Despite
not being as famous abroad as the Sicilian
Mafia, and having been considered more rural
than the Neapolitan Camorra and
the Apulian Sacra Corona Unita, the
'Ndrangheta became the most powerful crime
syndicate in Italy in the late 1990s and early
2000s
5. Sinaloa Cartel-is an international drug
trafficking, money laundering, and organized
crime syndicate.
 Established during the mid-1980s,
 based primarily in the city of Culiacán,
Sinaloa (Mexico)
 also known as the Guzmán-Loera
Organization and the Pacific Cartel, the latter
due to the coast of Mexico from which it
originated.
 The cartel has also been called
the Federation and the Blood Alliance.
COLUMBIAN DRUG CARTELS
Medellin Cartel
 It was founded by Pablo Escobar Gaviria
 Its highest income in a day is $60 million.
 Their operation ends when members of the
Columbian National Police, after being trained
by the US Delta Force and the CIA, hunted and
killed most of the members of the cartel

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including its founder and leader, Pablo Escobar


in 1993.

FIGURE 6.3 PABLO ESCOBAR


Cali Cartel
 Was a drug cartel based in southern Colombia
that was founded by the Rodriguez brothers,
Gilberto (The Chess Player) and Miguel.
 They are lucrative in cocaine trafficking.
 Marijuana- drugs they are trafficking when they
are just starting in their illegal activities.
ORGANIZED CRIME GROUPS IN THE PHILIPPINES
“Francisco Group”
 Formerly called the Dragon or Kuratong
Baleleng Group.
 Led by Manuel Francisco.
 Operates in Visayas and Mindanao

“Pentagon Group”
 It is headed by Tahir Alonto
 it is a creation of the Moro Islamic Liberation
Front (MILF)
 Most of the members are also listed as
members of the MILF

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 The main purpose of its creation is to generate


funds for the MILF and insulate MILF members
from criminal accusations.

Lost Command KFR Group


This is mainly composed of ex-soldiers and ex-
policemen who were rendered jobless after the
1986 EDSA Revolution.
Waray-Abuyog Group:
Is composed of hardened criminals from Samar
and Leyte.
Is known as a violent home invasion-oriented
gang which also has a history with drug dealing.

“Bahala Na” Gang ("Come What May")


A tattoo of a Question Mark (?) is their identity
as members of the gang located in any of the
parts of their body.
“SIGUE SIGUE SPUTNIK GANG”
It is one of the largest Gangs in the Philippines. It
has thousands of members all over the
Philippines.

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FIGURE 6.4 SPUTNIK GANG MEMBER WITH


TATTOO

WHAT IS MONEY LAUNDERING?


It is “a crime whereby the proceeds of an
unlawful activity are transacted thereby making
them appear to have originated from legitimate
sources.” Organized crime groups must launder
their money from their crimes for two basic
reasons:
1. First, the money trail itself can become the
evidence against the perpetrators of the crime,
and
2. Second, the money itself can be the subject
of suspicion, investigation and seizure.

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RA No. 9160, as amended by RA No. 9194- An


Act Defining The Crime of Money Laundering,
Providing Penalties Therefore and for other
purpose

Section 4. Money Laundering- Money laundering


is a crime whereby the proceeds of an unlawful
activity as herein defined are transacted,
thereby making them appear to have originated
from legitimate sources. It is committed by the
following:
a) Any person knowing that any monetary
instrument or property represents, involve, or
relates to, the proceeds of any unlawful activity,
transacts or attempts to transact said monetary
instrument or property. (money laundering
proper)
b) Any person knowing that any monetary
instrument or property involves the proceeds of
any unlawful activity, performs or fails to
performs any act as a result of which he
facilitates the offense of money laundering.
(money laundering by facilitation)
c) Any person knowing that any monetary
instrument or property is required under the
Anti-Money laundering Law to be disclosed and
filed with the Anti-Money Laundering Council
(AMLC), fails to do so.

Money laundering is a dynamic three-stage


process that requires:
1. Placement – (also known as immersion or
smurfing) means moving the funds from direct

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association with the crime. Cash is introduced


into the financial system by some means.
2. Layering – (also called heavy soaping or
transformation) means disguising the trail to foil
pursuit. It involves carrying out complex
financial transaction in order to camouflage the
illegal source.
3. Integration – (also called spin dry or
injection) means making the money available to
the criminal once again with its occupational
and geographic origins hidden from view. It
entails acquiring generated from the transaction
of the illicit funds.

Among the technique used in the final stage are


the following:
1. Funds can be repatriated through a debit or
credit card issued by an offshore bank.
2. Bills incurred in the place of residence can
be settled by an offshore bank or even more
discreetly by an offshore company.
3. The use of bank drafts which are either sold
outright by a bank or issued to account holders
against the security of their current balance.
4. The use of payable-through account.
5. Money is disguised as casino winnings.
6. Bogus capital gains on options trading
where the onshore company records a capital
gain and the foreign one a capital loss.
7. The use of international real estate flips.
8. The criminals arrange the transfer of funds
as personal income by falsely representing

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himself as an employee or consultant of his


offshore company.
9. The criminal may set up a domestic
corporation and have it billed as an offshore
company for goods sold or services rendered
making it appear that the money repatriated as
business income.
10. Bringing the money home as a business
“loan” to the criminal’s offshore entity.

Forms or Techniques of Money Laundering:


1. Structuring (smurfing)-a method of placement
by which cash is broken into smaller deposits of
money, used to defeat suspicion of money
laundering and to avoid anti-money laundering
reporting requirements.
2. Bulk cash smuggling- physically smuggling cash
to another jurisdiction., where it will be
deposited in a financial institution
3. Cash intensive business-a business typically
involved in receiving cash will use its accounts
to deposit both legitimate and criminally
derived cash, claiming all of it as earnings.
4.Over Purchasing- this is where a launderer buys
an item from a private seller, pays with an
excess check, and is paid back the overflow
5. Trade-based laundering- undervaluing or
overvaluing invoices in order to disguise the
movement of money
6. Shell companies and trust- trusts and shell
companies disguise the true owner of the
money

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7. Bank Capture- money launderers or criminals


buy a controlling interest in a bank, preferably
in a jurisdiction with weak money laundering
controls, and then move the money through the
bank without scrutiny.
8. Casinos- An individual will walk into a casino
with cash and buy chips, play for a while and
then cash in his chips, for which he will be
issued a check. The money launderer will then
be able to deposit the check into his bank
account, and claim it as gambling winnings
9. Real estate-real estate may purchased with
illegal proceeds, then sold. The proceeds from
the sale appear to outsiders to be legitimate
income. Alternatively, the price of the property
is manipulated; the seller will agree to a
contract that under-represent the value of the
property, and will receive criminal proceeds to
make up the difference
10. Black Salaries-companies might have
unregistered employees without a written
contract who are given cash salaries. Black cash
may be used to pay them.

Criteria for Techniques Applied in Money


Laundering
1. The Business Environment – the launderers
assess to make profile of the normal
business transactions in the area and
jurisdiction they will operate. Their choice will
largely reflect the economic policies and
financial principles being enforced in the area of
operation.

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2. The Orders of Magnitude – small sums


laundered periodically will require quite
different techniques than comparatively large
amounts.
3. The Crime Factor – the technique chosen
will likely reflect the operation is once-and-for-
all, or sporadic, event or something to be
conducted on an on-going basis. It will reflect as
well the degree of which haste is essential.
4. The amount of trust that can be accorded
to complicit institutions and individual – this
requires judgment about how much potential
partners and/or accomplices have at stake in
cooperation or betrayal and where, on the fear-
greed tradeoff curve, they happen to be.
5. The Record of Law Enforcement –
laundering requires time and money. How much
money and energy will be put into the effort to
multiply levels of cover and obscure the trail
will depend on an assessment on how
serious and effective police probes are likel
y to be in the place or places where the
process is conducted.
6. The planned long-term disposition of funds
– money may be subjected to differing
processes depending on whether it is designed
for immediate consumption, for savings in
visible or invisible forms or for reinvestment.

What is the Ten (10) Fundamental Law of Money


Laundering?
1. The more successful a money laundering
apparatus in imitating the patterns and

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behaviour of legitimate transactions, the less


the likelihood of it being exposed.
2. The more deeply embedded illegal activities
are within the legal economy and the less their
institutional and functional separation, the
more difficult it is to detect money laundering.
3. The lower the ratio of illegal to legal
financial flows through any given business
institution, the more difficult it is to detect
money laundering.
4. The higher the ratio of illegal "services" to
physical goods production in any economy, the
more easily money laundering can be
conducted in that economy.
5. The more the business structure of
production and distribution of non-financial
goods and services is dominated by small and
independent firms or self-employed individuals,
the more difficult the job of separating legal
from illegal transactions.
6. The greater the facility of using cheques,
credit cards and other non-cash instruments for
effecting illegal financial transactions, the more
difficult it is to detect money laundering.
7. The greater the degree of financial
deregulation for legitimate transactions, the
more difficult it is to trace and neutralize
criminal money.
8. The lower the ratio of illegally to legally
earned income entering any given economy
from outside, the harder the job of separating
criminal from legal money.

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9. The greater the progress towards the


financial services supermarket and the greater
the degree to which all manner of financial
services can be met within one integrated
multidivisional institution, the more difficult it is
to detect money laundering.
10. The greater the contradiction between
global operation and national regulation of
financial markets, the more difficult the
detection of money laundering.

What are the Factors that Helps in Money


Laundering Scheme?
1. The Dollarization of the Black Market
2. The Trend toward Financial Deregulation
3. The Proliferation of Offshore Banks
4. The Proliferation of Financial Secrecy
Havens
5. Electronic Transfer
6. The Used of Professional Launderers

Why is Money Laundering Outlawed?


Money laundering is forbidden for various
reasons:
1. The money enters the financial system
without being taxed.
2. The money is the fruit of illegal activity,
therefore and extension of the same crime.
3. Money laundering forces legitimate
businesses to deal with inflated or undercut
transactions, because of the layering effect.

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4. Criminal elements become more


comfortable conducting their activities, knowing
that they have resources available.
5. The financial system is manipulated, and
the factual, just management of national
economies is put in danger.

What are the Predicate Crimes in Money


Laundering?
Money laundering is directly connected to a
criminal act or other illegal activity. Before the
crime of money laundering can take place, a
previous crime or illegal activity has already taken
place. This preliminary act is referred to as the
predicate crime of money laundering.

There are 34 unlawful activities or predicate


offenses specifically identified under Sec. 2, RA
No. 10365:
1. Kidnapping for ransom
2. Drug offenses
3. Graft and corrupt practices
4. Plunder
5. Robbery and extortion
6. Jueteng and masiao
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10. Smuggling
11. Electronic commerce crimes
12. Hijacking, destructive arson and murder
13. Terrorism
14. Financing of Terrorism

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15. Bribery and corruption of public officer


16. Frauds and illegal exactions and
transactions
17. Malversation of public funds and property
18. Forgeries and counterfeiting
19. Violations of Sec 4 to 6 of RA No. 9208
20. Violations of PD No. 705
21. Violations of RA No. 8550
22. Violations of RA No. 7942
23. Violations of RA No. 9147
24. Violations of RA No. 9072
25. Violations of RA No. 6539
26. Violations of PD No. 1866, as amended
27. Violations of PD No. 1612
28. Violations of RA No. 8042 as amended by
RA No. 10022
29. Violations of RA No. 8293
30. Violations of RA No. 9995
31. Violations of RA No. 9775
32. Violations of RA No. 7610
33. Violations of RA No. 8799
34. Felonies of offenses of a similar nature that
are punishable under the penal laws of other
countries

What is Covered Transactions and Suspicious


Transactions?
Under the Anti-Money Laundering Act (AMLA),
a covered transaction is a single transaction
involving a total amount in excess of Php
500,000.00 within one banking day with a
covered institution.

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Covered Institutions are required to report to


the Anti-Money Laundering Council (AMLC) any
suspicious transactions and covered transactions.
If they failed to comply with the said
requirements they are liable under section 4(c) of
the Anti Money Laundering Law (AMLA).
Covered institution refers to:
"(1) banks, non-banks, quasi-banks, trust entities,
foreign exchange dealers, pawnshops, money
changers, remittance and transfer companies and
other similar entities and all other persons and
their subsidiaries and affiliates supervised or
regulated by the BangkoSentralngPilipinas (BSP);
"(2) insurance companies, pre-need companies
and all other persons supervised or regulated by
the Insurance Commission (IC);
"(3) (i) securities dealers, brokers, salesmen,
investment houses and other similar persons
managing securities or rendering services as
investment agent, advisor, or consultant, (ii)
mutual funds, close-end investment companies,
common trust funds, and other similar persons,
and (iii) other entities administering or otherwise
dealing in currency, commodities or financial
derivatives based thereon, valuable objects, cash
substitutes and other similar monetary
instruments or property supervised or regulated
by the Securities and Exchange Commission
(SEC);
"(4) jewelry dealers in precious metals, who, as a
business, trade in precious metals, for
transactions in excess of One million pesos
(P1,000,000.00);

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"(5) jewelry dealers in precious stones, who, as a


business, trade in precious stones, for
transactions in excess of One million pesos
(P1,000,000.00);
"(6) company service providers which, as a
business, provide any of the following services to
third parties: (i) acting as a formation agent of
juridical persons; (ii) acting as (or arranging for
another person to act as) a director or corporate
secretary of a company, a partner of a
partnership, or a similar position in relation to
other juridical persons; (iii) providing a registered
office, business address or accommodation,
correspondence or administrative address for a
company, a partnership or any other legal person
or arrangement; and (iv) acting as (or arranging
for another person to act as) a nominee
shareholder for another person; and
"(7) persons who provide any of the following
services:
(i) managing of client money, securities or
other assets;
(ii) management of bank, savings or securities
accounts;
(iii) organization of contributions for the
creation, operation or management of
companies; and
(iv) creation, operation or management of
juridical persons or arrangements, and buying
and selling business entities.
"Notwithstanding the foregoing, the term
‘covered persons’ shall exclude lawyers and
accountants acting as independent legal

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professionals in relation to information


concerning their clients or where disclosure of
information would compromise client
confidences or the attorney-client relationship:
Provided, That these lawyers and accountants are
authorized to practice in the Philippines and shall
continue to be subject to the provisions of their
respective codes of conduct and/or professional
responsibility or any of its amendments."

Suspicious transaction refers to a transaction,


regardless of amount, where any of the
following exists:
1. There is no underlying legal or trade
obligation, purpose or economic justification.
2. The client is not properly identified
3. The amount involved does not
commensurate with the business or financial
capacity of the client.
4. Taking into account all known
circumstances, it may be perceived that the
client’s transaction is structured in order to
avoid being the subject of reporting
requirements under the AMLA
5. Any circumstance relating to the
transaction which is observed to deviate from
the profile of the client and/or the client’s past
transactions with the covered person
6. The transaction is any way related to an
unlawful activity or any money laundering
activity or offense that is about to be
committed, is being or has been committed

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7. Any transaction that is similar or analogous


or identical to any of the foregoing.

What is AMLC?
In the Philippines, the fight against money
laundering is spearheaded by the Anti-Money
Laundering Council (AMLC), which is the
country’s financial intelligence unit (FIU) tasked
to implement the AMLA. The AMLC is comprised
of the three major government financial
regulatory agencies, with the heads acting as the
AMLC’s policy-making body.
The BSP governor is the Chairman of the
Council, and the members are the SEC Chairman
and IC Commissioner. The AMLC is assisted by a
Secretariat tasked to implement the various
directives of the Council. The AMLC is primarily
tasked to investigate all money laundering
related cases in the Philippines. It also works
closely with financial institutions all across the
country, both big and small, to stop this
worldwide threat.
The AMLC Secretariat is headed by an Executive
Director. He/she is supported by people who
have had at least five years of experience in any
of the three supervisory and regulatory
authorities (BSP/SEC/IC). It comprised of the
following operating departments:
1. Legal Evaluation Group
2. Compliance and Investigation Group
3. Information Management and Analysis Group
4. Administrative and Financial Services Sub-
Group

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What are the functions of AMLC?


1. Require and receive covered or suspicious
transactions reports from covered institutions.
2. Issue orders to determine the true identity of
the owner of any monetary instrument or
property that is the subject of a report, and to
request the assistance of a foreign country if
necessary.
3. Institute civil forfeiture and all other remedial
proceedings through the Office of the Solicitor
General.
4. Cause the filing of complaints with the
Department of Justice or the Ombudsman for
the prosecution of money laundering offenses.
5. Investigate suspicious transactions, covered
transactions deemed suspicious, money
laundering activities and other violations of the
AMLA.
6. Secure the order of the Court of Appeals to
freeze any monetary instrument or property
alleged to be the proceeds of unlawful activity.
7. Implement necessary and justified measures
to counteract money laundering.
8. Receive and act on any requests from foreign
countries for assistance in their own anti-money
laundering operations.
9. Develop educational programs to make the
public aware of the pernicious effects of money
laundering and how they can participate in
bringing offenders to justice.
10. Enlist the assistance of any branch of
government, including intelligence agencies, for

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the prevention, detection and investigation of


money laundering offenses and the prosecution
of offenders.
11. Impose administrative sanctions on those
who violate the law and the rules, regulations,
orders and resolutions issued in connection
with the enforcement of the law.

What are the International Agencies Fighting


Money Laundering?

Financial Action Task Force


The FATF is an international body formed by
the leading industrial countries in the world,
collectively known as the Group of Seven (“G7”),
during the Paris G7 Summit of 1989. The
objectives of the FATF are to set standards and
promote effective implementation of legal,
regulatory and operational measures for
combating money laundering, terrorist financing
and other related threats to the integrity of the
international financial system.
Note: Group of Seven (G7): Canada, France,
Germany, Italy, Japan, the United Kingdom, and
the United States.

Egmont Group
It is an international organization of Financial
Intelligence Units (FIUs) established in June 9,
1995 as informal aggrupation of FIUs which were
already in operation at the time. Its name was
derived from the venue of the first meeting - the
Egmont-Arenberg Palace in Brussels, Belgium. It

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is a united body of 152 FIUs that seek to provide


a forum for international cooperation in the fight
against money laundering and terrorism
financing, especially in the areas of information
exchange, training, and sharing of expertise.
The group created Best Egmont Case Award
(BECA) in 2011 to recognize successful cases from
which member-FIUs can learn and to appreciate
real-life examples of cases that have been
successfully prosecuted and publicly reported.

Asia Pacific Group


The Asia/Pacific Group on Money Laundering
(APG) is an autonomous and collaborative
international organization founded in 1997 in
Bangkok, Thailand consisting of 41 members and
a number of international and regional observers.
APG members and observers are committed
to the effective implementation and enforcement
of internationally accepted standards against
money laundering and the financing of terrorism.

What are the Penalties for Money Laundering?


 Direct Perpetrator – the penalty is 7 to 14 years
imprisonment and a fine of not less than Php3
million but not more than twice the value of the
monetary instrument or property.
 Facilitator – the penalty is 4 to 7 years
imprisonment and a fine of not less than Php1.5
million but not more than Php3 million.
 Failure to report – the penalty is 6 months to 4
years imprisonment and a fine of not less than

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Php100,000.00 but not more than


Php500,000.00, or both.
 Failure to keep record – the penalty is 6 months
to 1 year imprisonment and a fine of not less
than Php100,000.00 but not more than
Php500,000.00, or both.
 Malicious reporting – the penalty is 6 months to
4 years imprisonment and a fine of not less than
Php100,000.00 but not more than
Php500,000.00, or both.
 Breach of Confidentiality – the penalty is 3 to 8
years imprisonment and a fine of not less than
Php500,000.00 but not more than Php1million,
or both. In case the prohibited information is
reported by media, the responsible reporter,
writer, president, publisher, manager and
editor-in-chief are held criminally liable.
 Administrative Violations – the AMLC, after due
investigation, can impose fines from
Php100,000.00 to Php500,000.00 on officers
and employees of covered institutions or any
person who violates the provisions of AMLA, as
amended, the Implementing Rules and
Regulations, and orders and resolutions
pursuant thereto.

What are transnational crimes?


 The U.S. Department of Justice defines
transnational organized crime in part as "self-
perpetuating associations of individuals that
operate internationally for the purpose of
obtaining power, influence, monetary, and/or
commercial gains, wholly or in part by illegal

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means, while protecting their activities through


a pattern of corruption and/or violence, or
while protecting their illegal activities through
an international organizational structure and
the exploitation of international commerce or
communication mechanisms."
 Hai (2013) defines transnational crime as “the
criminal actions that are implicated with more
than one country involving with group or
individuals networks for operating their illegal
business activities by using violence and
corruption.”
 The United Nations Convention against
Transnational Organized Crime defines
transnational offense as “(a) It is committed in
more than one state; (b) It is committed in one
state but a substantial part of its preparation,
planning, direction or control takes place in
another state; (c) It is committed in one state
but involves an organized criminal group that
engages in criminal activities in more than one
state; or (d) It is committed in one state but has
substantial effects in another state.”

What is the concept of transnational crimes?


The concept of 'transnational crime', from a
criminological perspective, originates from the
mid-1970s when the United Nations used the
term in order to identify certain criminal activities
which transcend national jurisdictions. In 1995,
the United Nations identified eighteen categories
of transnational - and mostly organized
criminality. Transnational crime has spread

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exponentially with the development of


globalization and it is only relatively recent that
some progress has been made by states and
international organizations in developing
measures to combat this type of criminality.

What are the characteristics of international


organized crimes?
1. In at least part of their activities they
commit violence or other acts which are likely
to intimidate, or make actual or implicit threats
to do so;
2. They exploit differences between countries
to further their objectives, enriching their
organization, expanding its power, and/or
avoiding detection and apprehension;
3. They attempt to gain influence in
government, politics and commerce through
corrupt as well as legitimate means;
4. They have economic gain as their primary
goal, not only from patently illegal activities but
also from investment in legitimate business; and
5. They attempt to insulate both their
leadership and membership from detection,
sanction, and/or prosecution through their
organizational structure.

What are the strategic threats posed by


international organized crimes?
1. They have penetrated the energy and other
strategic sectors of the economy.

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2. They provide logistical and other support to


terrorists, foreign intelligence services and
governments.
3. They smuggle/traffic people and
contraband goods
4. They exploit the nation and international
financial system to move illicit funds.
5. They use cyberspace to target their victims
and infrastructure..
6. They manipulate securities exchanges and
perpetrating sophisticated frauds.
7. They corrupt and seek to corrupt public
officials.
8. They use violence and the threat of violence
as basis of power.

What are the factors for better understanding


the threats posed by international organized
crimes?
1. They do not need to reside in a particular
country to engage in criminal activities.
2. The most powerful international organized
crime groups benefit from the symbiotic
relationship that their leaders have developed
with corrupt public officials and business
tycoons. The three elements combine forces to
form strategic alliances.
3. International organized crime in its highest
form is far removed from the streets. These
groups are highly sophisticated, have billions of
dollars at their disposal, are highly educated,
and employ some of the world’s best
accountants, lawyers, bankers and lobbyists.

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They go to great lengths to portray themselves


as legitimate businessmen and even
advocates/benefactors for the local populace
and others
4. International organized criminals have
evolved toward loose network structures and
away from traditional hierarchical structures.
5. There are large gaps in our intelligence on
various aspects of international organized
crime. These gaps jeopardize our ability to keep
pace with international organized crime threats
as they emerge and develop.

What are the four biggest areas of transnational


crime?
1. Transnational political fraud: terrorism,
corruption, money laundering, fraud,
racketeering;
2. Transnational theft: piracy, hijacking,
counterfeiting;
3. Transnational illicit traffic of goods:
trafficking in drugs, trafficking arms and nuclear
material, transnational environmental crime
(wildlife smuggling, trafficking in prohibited
chemicals and hazardous toxic waste);
4. Transnational illicit traffic of services:
trafficking in persons and body parts.

What are the five (5) intrinsic elements which


ensure transnational criminal activities
configurations?

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1. Criminal actors cross borders (physically or


virtually via ICTs) in the conduct of criminal
activities.
2. Products are illicit goods (manufactures and
services) or licit products that are stolen and
smuggled out of the country; licit products that
are taken out of the country in violation of
export restrictions; licit products that are
imported to another country in violation of
import restrictions or international embargoes.
3. Victims of crime are persons who have been
exploited through the engagement in a criminal
activity.
4. Profits are benefits retrieved from illicit
activities, such as illegal money, goods, and
services that are moved across national
jurisdictions.
5. Virtual signals are daily messages sent and
received. These vary from transmitted digital
signals, such as in online child pornography to
cybercrime that includes breaking in database
systems, identity and electronic bank theft,
phishing, etc.

What are the links between transnational


organized crime and terrorist organizations?
1.
Both operate secretly and usually from an
underground
2.
Both use muscle and ruthlessness and produce
mainly civilian victims

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3.
Intimidation is characteristic of both groups
4.
Both use similar tactics: kidnappings,
assassinations, and extortion
5.
Both exert control over individuals within the
group
6.
Both use front organizations such as legitimate
business or charities

Timeline of the Philippines’ Battle against


Transnational Organized Crime
 1979 – LOI No. 824 s-79, establishment of the
National Committee on Anti-Organized Crime
(NACAC)
 1981 – E.O. No. 727 s-81, creating the Peace
and Order Council (POC)
 September 11, 1982 – E.O. No. 829, creating the
National Law Enforcement Coordinating
Committee (NALECC), abolishing the NACAC,
transferring its functions, duties, and
responsibilities to the POC
 December 9, 1992 – E.O. No. 41, amending E.O.
No. 829
 February 1, 1993 – E.O. No. 41-A, amending E.O.
No. 41
 November 23, 1994 – Adoption of the Naples
Political Declaration and Global Plan of Action
 May 18, 1995 – E.O. No. 246, reconstituting the
National Action Committee on Anti-Hijacking as

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the National Committee on Anti-Hijacking and


Anti-Terrorism (NACAHT)
 February 18-21, 1996 – 1st International
Conference on Terrorism (Baguio City)
 July 1996 – 29th ASEAN Ministerial Meeting
(Jakarta
 November 1996 – 1st Informal ASEAN Summit
(Jakarta)
 July 1997 – 30th ASEAN Ministerial Meeting
(Kuala Lumpur)
 December 1997 – 2nd Informal ASEAN Summit
(Kuala Lumpur)
 December 20, 1997 – Signing of the ASEAN
Declaration on Transnational Crime during the
1st ASEAN Conference on Transnational Crime
(Manila)
 January 15, 1999 – E.O. No. 62, creating the
Philippine Center on Transnational Crime (PCTC)
 May 7, 1999 – E.O. No. 100, strengthening the
operational, administrative, and information
support system of the PCTC
 April 30, 1999 – Res. No. 99-03, assimilating the
National Drug Law Enforcement and Prevention
Coordinating Center and the PCTC as regular
members of the NALECC

What are the powers and functions of the


Philippine Center on Transnational Crimes?
1. To establish, through the use of modern
information and telecommunications
technology, a shared central database among
government agencies for information on
criminals, methodologies, arrests and

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convictions on the following transnational


crimes:
a. Illicit trafficking of narcotic drugs and
psychotropic substances;
b. Money laundering;
c. Terrorism;
d. Arms Smuggling;
e. Trafficking in Persons;
f. Piracy; and
g. Other crimes that have an impact on the
stability and security of the country;
2. To supervise and control the conduct of
anti-transnational crime operations of all
government agencies and instrumentalities;
3. To establish a central database on national
as well as international legislation and
jurisprudence on transnational crime, with the
end in view of recommending measures to
strengthen responses and provide immediate
intervention for the prevention, detection and
apprehension of criminals operating in the
country;
4. To establish a center for strategic research
on the structure and dynamics of transnational
crime in all its forms, and predict trends and
analyze relationships of given factors for the
formulation of individual and collective
strategies for the prevention and detection of
transnational organized crime and for the
apprehension of the criminal elements
involved;
5. To design programs and projects aimed at
enhancing national capacity-building in

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combating transnational crime, as well as


supporting the related programs and projects of
other Asian international centers;
6. To explore and coordinate information
exchanges and training with other government
agencies, foreign countries and international
organizations involved in the combat against
transnational crime; and
7. To perform such functions and carry out
such activities as may be directed by the
President.

NOTABLE PERSONALITIES IN ORGANIZED CRIME

 Anastasia, Albert (“mad hatter”, “lord high


executioner”) He was the founder of both the
American mafia and Murder, Inc. He was the
boss of what would become the modern
Gambino crime family. He was perhaps the
most feared hit-man of the Italian American
Cosa Nostra’s golden era. He was assassinated
on October 25, 1957 in a barber shop of the
Park Sheraton Hotel at 56 Street and 7 th Avenue
in Midtown Manhattan.

 Capone, Alphonse (Al) – One of the most


famous American gangsters also known as
"Scarface." He rose to infamy as the leader of
the Chicago Outfit during the Prohibition era.
He was responsible for many brutal acts of
violence. The most famous of these was the St.
Valentine’s Day Massacre in 1929, in which he
ordered the assassination of seven rivals. Before

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being sent to Alcatraz Prison in 1934 for a tax


evasion conviction, he had amassed a personal
fortune estimated at $100 million as the head of
the infamous crime syndicate.

FIGURE 6.5 AL CAPONE


 Dillinger, John – He was an infamous gangster
and bank robber during the Great Depression.
The most notorious of all. He was known as
“jackrabbit” and “public enemy no.1.” Due to
his publicity and portrayal as “Robinhood” of
the community, the Director of FBI, J. Edgar
Hoover, developed a more sophisticated FBI as
a weapon against organized crime, using
Dillinger and his gang as his campaign platform.

 Gaviria, Pablo Emilio Escobar – The King of


Cocaine”, he was a Columbian drug lord and
trafficker. His cartel at the height of his career,
supplied an estimated 80% of the cocaine
smuggled into the United States. He was the
wealthiest in criminal history, with an estimated
known net of US $30 billion by the early 1990s.
He was seen as an enemy of the Columbian and
American governments and his political exploits

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resulted in Columbia becoming the murder


capital of the world. His drug network was
commonly known as the “Medellin Cartel”.

 Gotti, John Joseph – He was an Italian-


American gangster who became boss of
the Gambino crime family in New York City. He
rose to prominence, becoming one of the crime
family's biggest earners and a protégé of
Gambino family underboss Aniello Dellacroce,
operating out of the Ozone Park neighborhood
of Queens. He feared that he would be killed
along with his brother and best friend by
Gambino crime family boss Paul Castellanno for
selling drugs, so he organized the murder of
Castellano in December 1985 and took over the
family shortly thereafter. His peers avoided
attracting attention, especially from the media,
but Gotti became known as "The Dapper Don"
for his expensive clothes and personality in
front of news cameras. He was later given the
nickname "The Teflon Don" after three high-
profile trials in the 1980s resulted in his
acquittal, though it was later revealed that the
trials had been tainted by jury tampering, juror
misconduct, and witness intimidation. His
underboss, Salvatore Gravano, testified for the
prosecution against him. In 1992, he was
convicted of five murders, racketeering,
obstruction of justice, illegal gambling,
extortion, tax evasion, loansharking, and
sentenced to life in prison.

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 Gravano, Salvatore – He was known as the man


who helped bring down John Gotti, the family's
boss, by agreeing to become an FBI informant.
He was part of the group that murdered
Gambino boss Paul Castellano. He played a key
role in planning and executing Castellano's
murder, along with Gotti, and others. After
Castellano's death, Gotti elevated Gravano to
underboss, a position he held at the time he
became a government witness. At that time,
Gravano was the highest-ranking member of
the Five Families to break his blood oath and
cooperate with the government, as well as the
second confessed underboss of an American
crime family to turn informer.

 Meyer, Lansky – He was known as the "Mob's


Accountant", a major organized crime
figure who, along with his associate Charles
“Lucky” Luciano, was instrumental in the
development of the National Crime Syndicate in
the United States. He developed a gambling
empire that stretched across the world. He was
said to own points (percentages) in casinos in
Las Vegas, Cuba, The Bahamas and London.
Although a member of the Jewish Mob Lansky
undoubtedly had strong influence with the
Italian Mafia and played a large role in the
consolidation of the criminal underworld.

 Luciano, Charles “Lucky” – He masterminded


the formation of a central organization called
the Commission, which by then consisted of at

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least 20 crime families across the country. New


York, which had become America’s organized-
crime capital, had been divided into five main
Mafia families; everywhere else the Mafia
operated, there was just one crime family per
city. The Commission’s role was to set policies
and mediate disagreements among the families.
Each of the five New York families received a
vote on the Commission when it was
established, while the heads of the families in
Chicago and Buffalo also got one vote each. He
was deported back to Italy in 1946 based on his
conviction for operating a prostitution ring.

FIGURE 6.6 CHARLES LUCIANO


 Orajuela, Gilberto Rodriguez – He was a
Columbian drug lord, formerly one of the
leaders of the Cali Cartel. They were initially
primarily involved in marijuana trafficking. In
the 1980s, they branched out into cocaine
trafficking. The Cali Cartel was less violent than
its rival, the Medellin Cartel. The cartel was
much more inclined toward bribery rather than
violence. After the demise of the Medellín
Cartel, the Colombian authorities turned their
attention to the Cali Cartel. President Samper

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dispatched a "joint task force" code named


“Search Block” formed by top police and elite
commandos headed by Police
General Serrano declaring an all-out war against
the drug cartels.

 Joseph Valachi also known as "Charles


Charbano" and "Anthony Sorge" – he was the
first Mafia member to publicly acknowledge the
existence of the Mafia. He made Cosa Nostra
(meaning "Our Thing") a household name. His
criminal career began with a small gang known
as "The Minutemen," so-called for carrying out
smash and grab burglaries and escaping within a
minute. In October 1963 – he testified before
Arkansas Senator John L. McClellan that the
Mafia did exist. It was called “Valachi hearings”
also known as McClellan hearings.

Local Group

 Salonga, Nicasio Rodriguez (“Asiong Salonga”)


– He was an infamous Filipino gangster
considered as one of the Philippines’ Public
Enemy where he reigned and dominated the
Manila’s then-known mob district, Tondo, for
several years. Despite this reputation, Salonga
was still considered a hero by many local
residents, and thus earning him a nickname the
“Robin Hood of Tondo “. He was shot dead in
1951 by one of his companions, allegedly in a
drinking spree, Ernesto Reyes, which had been
speculated as a double cross for fellow gang

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leader, and also Salonga’s rival, Carlos


Capistrano (alyas Totoy Golem) whom Reyes
worked for.

WHAT IS TRAFFICKING?

Republic Act No. 9208 (Anti-Trafficking in


Persons Act of 2003) defines trafficking as “the
recruitment, transportation, transfer or
harboring, or receipt of persons with or without
the victim's consent or knowledge, within or
across national borders by means of threat or use
of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or
benefits to achieve the consent of a person
having control over another person for the
purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the
removal or sale of organs.”

Penalties for Trafficking


1. Acts of Trafficking – 20 years imprisonment
and a fine of P1 to 2 million
2. Acts that promote Trafficking – 15 years
imprisonment and a fine of P500,000 to P1
million
3. Qualified Trafficking – Life imprisonment
and a fine of P2 to 5 million

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Inter-Agency Council Against Trafficking (IACAT)


Section 20 of RA No. 9208 established the
IACAT which follows a multi-stakeholder
approach to combat human trafficking. It
undertakes measures to prevent and suppress
TIP and ensures the victims’ recovery,
rehabilitation and reintegration into mainstream
society.

Some of the powers and functions of the IACAT :


 Formulate a comprehensive and integrated
program to prevent and suppress trafficking in
persons;
 Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
 Monitor and oversee the strict implementation
of RA No. 9208;
 Coordinate the programs and projects of the
various member agencies to effectively address
the issues and problems attendant to trafficking
in persons;
 Coordinate the conduct of massive information
dissemination and campaign on the existence of
law and various issues and problems attendant
to trafficking, through the local government
units (LGUs), concerned agencies, and NGOs;
 Direct other agencies to immediately respond
to the problems brought to their attention and
report to IACAT the action taken;

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 Assist in filing of cases against individuals,


agencies, institutions or establishments that
violate the provisions of RA No. 9208.
 Chairperson – Department of Justice • Co-Chair
– Department of Social Welfare and
Development • Members: - Department of
Foreign Affairs - Department of Labor and
Employment - Philippine Overseas Employment
Administration - Philippine National Police -
Bureau of Immigration - National Commission
on the Role of Filipino Women - Children’s
Sector NGO Representative from End Child
Prostitution, Pornography and Trafficking
(ECPAT Philippines) - Women’s Sector NGO
Representative from Coalition Against
Trafficking in Persons – Asia Pacific (CATW-AP) -
OFW Sector Representative • Ex-Officio
Members - National Bureau of Investigation -
Department of the Interior and Local
Government - Philippine Center for
Transnational Crime - Council for the Welfare of
Children (CWC) - Commission of Filipinos
Overseas (CFO) • Chair Emeritus – Office of the
Vice President

COMPUTER CRIMES (CYBERCRIMES)

Types:
1. Computer virus- a computer program that can
replicate itself and spread from one computer
to another. The term virus is also commonly,
but erroneously used, refer to other types of

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malware, including but not limited to adware


and spyware programs that do not have
reproductive ability. Malware includes
computer viruses, computer worms, Trojan
horse, most rootkits, spyware, dishonest
adware and other malicious or unwanted
software, including true virus.
2. Denial of service attack (DoS attack)- an
attempt to make a computer or network
resource unavailable to its intended users.
3. Malware- short for “malicious software, is a
software (or script or code) designed to disrupt
computer operation to gather sensitive
information, or gain unauthorized access to
computer systems. It is a general term used to
describe any kind of software or code
specifically designed to exploit a computer, or
the data it contains, without consent. In law,
malware is sometimes known as acomputer
contaminants.
4. Cyberstalking- is the use of the internet or
other electronic means to stalk or harass an
individual, a group of individuals, or an
organization. It may include false accusations,
monitoring, making threats, identity theft,
damage to data or equipment, the solicitation
of minors for sex, or gathering information in
order to harass.
5. Identity theft- a form of stealing another
person’s identity in which someone pretends to
be someone else by assuming that person’s
identity, typically in order to access resources or

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obtain credit and other benefits in that person’s


name.
6. Phishing- a way of attempting to acquire
information such as usernames, passwords, and
credit card details by masquerading as a
trustworthy entity in an electronic
communication. Phishing is typically carried out
by e-mail spoofing or instant messaging, and it
often directs users to enter details at a fake
website whose look and feel are almost
identical to the legitimate one. Phishing is an
example of social engineering techniques used
to deceive users, and exploits the poor usability
of current web security technologies. The term
is variant of “fishing”, probably influenced by
phreaking, and alludes to “baits” used in hopes
that potential victim will “bite” by clicking a
malicious link or opening a malicious
attachment, in which case their financial
information and passwords may then be stolen.
7. E-mail spoofing- an e-mail activity in which the
sender address and other parts of the e-mail
header altered to appear as though the e-mail
originated from a different source.
8. E-mail spamming- refers to the activity
wherein unwanted e-mails and other links are
sent in bulk to people. These e-mails may
pertain to advertising or random bulk e-mails
and these may contain viruses that may corrupt
the system and even if they don’t cause any
harm, these can be plainly annoying.
9. Social engineering- an art that involves
activities as simple as chit chatting but may be

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complex enough to penetrate the most secure


firewall of the computer system. Social
engineering defeats any highly technical
computer security while it focuses on the
exploitation of human behavior. The process
involves social engineering tactics that attempt
to befriend their targets users, either
suspecting or non suspecting subject or any
authorized user of a complex network, with end
of gaining confidence and in the process
obtaining sensitive information that
compromise the computer security or
persuading the target to run malware in e-mail
attachments.
10. Hacking- the act of illegally accessing the
computer system/network of an individual,
group or business enterprises without the
consent or approval of the owner of the system.
11. Cracking-a higher form of hacking in which
the unauthorized access culminates with the
process of defeating the security system for the
purpose of acquiring money or information
and/or availing of free services.

NOTE: CYBERWARFARE- refers to politically


motivated hacking to conduct sabotage and
espionage. It is a form of information warfare. It
has been defined as activities by a nation-state
to penetrate another nation’s computers or
networks with the intention of causing civil
damage or disruption. Moreover it acts the
“fifth domain of warfare.”

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 Philippine Laws Penalizing Cybercrime:


 RA No. 10175- Cybercrime Prevention Act
of 2012
 RA No. 8792- E-Commerce Act of 2000
 RA No. 8484- Access devices Regulation Act
of 1998
 RA No. 9995- Anti-Photo and Voyeurism Act
of 2009
 RA No. 9775- Anti-Child Pornography Act of
2009
 RA No. 9208- Anti-Trafficking in Persons act
of 2003
 RA No. 7610- Special Protection of Children
Against Abuse, Exploitation and Discrimination
Act.
 RA No. 9262- Anti-Violence against Women
and their Children Act of 2004
 Article 353, Revised Penal Code (Libel) of
the Revised Penal Code
 Article 201, Revised Penal Code- Immoral
Doctrines, Obscene Publications and Exhibitions
and Indecent Shows
 Article 202, Revised Penal Code
(prostitution, Article 282 and 283 (threats), and
 Article 315, Revised Penal Code (Estafa) of
the Revised Penal Code

REPUBLIC ACT NUMBER 10175


 Section 4. Cybercrime Offenses
(a) 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.

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(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.
(i) The use, production, sale, procurement,
importation, distribution, or otherwise making
available, without right, of:
(aa) A device, including a computer program,
designed or adapted primarily for the purpose
of committing any of the offenses under this
Act; or
(bb) A computer password, access code, or
similar data by which the whole or any part of a
computer system is capable of being accessed

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with intent that it be used for the purpose of


committing any of the offenses under this Act.
(ii) 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:
(i) Similar, identical, or confusingly similar to an
existing trademark registered with the
appropriate government agency at the time of
the domain name registration:
(ii) Identical or in any way similar with the name
of a person other than the registrant, in case of
a personal name; and
(iii) Acquired without right or with intellectual
property interests in it.

(b) Computer-related Offenses:


(1) Computer-related Forgery. —
(i) 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
(ii) 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.

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(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.

(c) Content-related Offenses:


(1) Cybersex. — The willful 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.
9775.1âwphi1
(3) Unsolicited Commercial Communications. —
The transmission of commercial electronic
communication with the use of computer
system which seek to advertise, sell, or offer for

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sale products and services are prohibited


unless:
(i) There is prior affirmative consent from the
recipient; or
(ii) The primary intent of the communication is
for service and/or administrative
announcements from the sender to its existing
users, subscribers or customers; or
(iii) The following conditions are present:
(aa) 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;
(bb) The commercial electronic communication
does not purposely disguise the source of the
electronic message; and
(cc) 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.
(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.

Section 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

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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.

Section 24. Cybercrime Investigation and


Coordinating Center. — There is hereby
created, within thirty (30) days from the
effectivity of this Act, an inter-agency body to
be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the
administrative supervision of the Office of the
President, for policy coordination among
concerned agencies and for the formulation and
enforcement of the national cyber security plan.

Section 25. Composition. — The CICC shall be


1. Chairperson-Executive Director of the
Information and Communications Technology
Office under the
2. Department of Science and Technology (ICTO-
DOST) as Chairperson
3. Vice Chairperson -Director of the NBI as Vice
Chairperson;
4. Chief of the PNP;
5. Head of the DOJ Office of Cybercrime; and
6. one (1) representative from the private sector
and academe, as members.
The CICC shall be manned by a secretariat of
selected existing personnel and representatives
from the different participating agencies.

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Illegal Recruitment (Ra No. 8042 as amended by


Ra No. 10022) or Migrant Workers and
Overseas Filipinos Act.

Illegal Recruitment- shall mean any act of


canvassing, enlisting, contracting, transporting,
utilizing, hiring, procuring workers and includes
referring contract services, promising or
advertising, for employment abroad, whether for
profit or not, when undertaken by non-licensee
or non-holder of authority contemplated under
PD No. 442, as amended, otherwise known as the
Labor Code of the Philippines: Provided that any
such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment
abroad t two or more persons shall be deemed so
engaged.
NOTE: Illegal Recruitment is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or
confederating with one another. It is deemed
committed in large scale if committed against
three(3) or more persons individually or as a
group.
Illegal recruitment when committee by a
syndicate or in large scale shall be considered as
offense involving economic sabotage.

FINANCIAL CRIMES
Financial crimes are crimes against property,
involving the unlawful conversion of the

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ownership of property (belonging to one person)


to one's own personal use and benefit.

FRAUD AND SCAMS


 FRAUD is deliberate deception to secure
unfair or unlawful gain. Fraud is both a civil
wrong (i.e., a fraud victim may sue the fraud
perpetrator to avoid the fraud and/or recover
monetary compensation) and a criminal
wrong (i.e., a fraud perpetrator may be
prosecuted and imprisoned by governmental
authorities). The purpose of fraud may be
monetary gain or other benefits, such as
obtaining a driver's license by way of false
statements.
 SCAM or confidence trick is an attempt to
defraud a person or group by gaining their
confidence, usually for monetary gain or other
benefit.
 HOAX is a distinct concept that involves
deception without the intention of gain or of
materially damaging or depriving the victim.

1. INVESTMENT SCAMS
1.1. PONZI SCHEMES- “Ponzi” schemes promise
high financial returns or dividends not available
through traditional investments. Instead of
investing the funds of victims, however, the con
artist pays “dividends” to initial investors using
the funds of subsequent investors. The scheme
generally falls apart when the operator flees
with all of the proceeds or when a sufficient
number of new investors cannot be found to

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allow the continued payment of “dividends.”


This type of fraud is named after its creator—
Charles Ponzi of Boston, Massachusetts.
1.2. PYRAMID SCHEMES (Franchise fraud or
Chain Referral Schemes)- As in Ponzi schemes,
the money collected from newer victims of the
fraud is paid to earlier victims to provide a
veneer of legitimacy. In pyramid schemes,
however, the victims themselves are induced to
recruit further victims through the payment of
recruitment commissions.More specifically,
pyramid schemes—also referred to as franchise
fraud or chain referral schemes—are marketing
and investment frauds in which an individual is
offered a distributorship or franchise to market
a particular product.
 The "Eight-Ball" model- In this model each
person must recruit two others, but the ease of
achieving this is offset because the depth
required to recoup any money also increases.
The scheme requires a person to recruit two
others, who must each recruit two others, who
must each recruit two others.
 Matrix schemes- Matrix schemes use the
same fraudulent non-sustainable system as a
pyramid; here, the participants pay to join a
waiting list for a desirable product which only a
fraction of them can ever receive. Since matrix
schemes follow the same laws of geometric
progression as pyramids, they are subsequently
as doomed to collapse.
1.3. ADVANCE FEE SCHEMES- An advance fee
scheme occurs when the victim pays money to

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someone in anticipation of receiving something


of greater value—such as a loan, contract,
investment, or gift—and then receives little or
nothing in return.The variety of advance fee
schemes is limited only by the imagination of
the con artists who offer them. They may
involve the sale of products or services, the
offering of investments, lottery winnings,
“found money,” or many other “opportunities.”

2. IDENTITY THEFT- occurs when someone


assumes your identity to perform a fraud or
other criminal act. Criminals can get the
information they need to assume your identity
from a variety of sources, including by stealing
your wallet, rifling through your trash, or by
compromising your credit or bank information.

3. CASINO SKIMMING -refers to the illegal


transfer of funds from casinos to outside
personnel without official documentation.
Skimmed money is usually transferred in cash to
evade taxes and to fund organized crime
anonymously. The quantities of money
skimmed are usually small portions of the
casino's total profit so as not to arouse
suspicion from regulators or law enforcement.

4. BLACK MARKET OR UNDERGROUND


ECONOMY- is a market in which goods or
services are traded illegally. The key distinction
of a black market trade is that the transaction
itself is illegal. The goods or services themselves

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may or may not be illegal to own, or to trade


through other, legal channels. Because the
transactions are illegal, the market itself is
forced to operate outside the formal
economythat is supported by the established
state power. Common motives for operating in
black markets are to trade contraband, avoid
taxes and regulations, or skirt price controls or
rationing. Typically the totality of such activity is
referred to with the definite article as a
complement to the official economies, by
market for such goods and services, e.g. "the
black market in bush meat".
The black market is distinct from the grey market,
in which commodities are distributed through
channels which, while legal, are unofficial,
unauthorized, or unintended by the original
manufacturer, and the white market.

5. LOTTERY SCAM-is a type of advance-fee


fraud which begins with an unexpected email
notification, phone call, or mailing (sometimes
including a large check) explaining that "You
have won!" a large sum of money in a lottery.
The recipient of the message—the target of the
scam—is usually told to keep the notice secret,
"due to a mix-up in some of the names and
numbers," and to contact a "claims agent."
6. FORGERY- is the process of making, adapting,
or imitating objects, statistics,
or documents with the intent to deceive for the
sake of altering the public perception, or to earn
profit by selling the forged item. Copies, studio

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replicas, and reproductions are not considered


forgeries, though they may later become
forgeries through knowing and
willful misrepresentations.
Forging money or currency is more often
called counterfeiting. But consumer goods may
also be counterfeits if they are not manufactured
or produced by the designated manufacture or
producer given on the label or flagged by
the trademark symbol. When the object forged is
a record or document it is often called a false
document.
7. BLANK HAND OPERATION- (Italian: Mano
Nera) was a type of extortion racket. It was a
method of extortion, not a criminal organization
as such, though gangsters of Camorra and
the Mafia practiced it. Typical Black Hand tactics
involved sending a letter to a victim threatening
bodily harm, kidnapping, arson, or murder. The
letter demanded a specified amount of money
to be delivered to a specific place. It was
decorated with threatening symbols like a
smoking gun, hangman's noose, skull, or knife
dripping with blood or piercing a human heart,
and was in many instances, signed with a hand,
"held up in the universal gesture of warning",
imprinted or drawn in thick black ink.

8. SMUGGLING- is the illegal transportation of


objects, information or people, such as out of a
house or buildings, into a prison, or across an
international border, in violation of
applicable laws or other regulations. There are

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various motivations to smuggle. These include


the participation
 in illegal trade, such as in the drug trade,
 in illegal immigration or illegal emigration,
 tax evasion,
 providing contraband to a prison inmate, or
 the theft of the items being smuggled.
Examples of non-financial motivations include
 bringing banned items past a security
checkpoint (such as airline security) or
 the removal of classified documents from a
government or corporate office.

9. INTELLECTUAL PROPERTY THEFT (commonly


referred to as Piracy)
9.1. PATENT INFRINGEMENT- Patent is a set of
exclusive rights granted by the State to an
inventor or his assignee for a fixed period of
time in exchange for the disclosure of the
invention. Patent infringement is the
commission of a prohibited act with respect to a
patented invention without permission for the
patent holder.
9. 2. TRADEMARK INFRINGEMENT- Trademark is
a distinctive mark of authenticity through which
the merchandise of a particular producer or
manufacturer may be distinguished from that of
others, and its sole function is to designate
distinctively the origin of the products to which
it is attached. Trademark infringement may
occur when one party, the infringer, uses a
trademark which is identical or confusingly

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similar to a trademark owned by another party ,


in relation to products or services which are
identical or similar to the products or services
which the registration covers.
9.3. UNFAIR COMPETITION- There is unfair
competition when a person has identified in the
mind of the public the goods he manufactures
or deals in, his business or services from those
of others, whether or not a registered mark is
employed, has a property right in the goodwill
of the said goods, business or business so
identified, which will be protected in the same
manner as other property rights.
9.4. COPYRIGHT INFRINGEMENT- Copyright is a
legal concept that gives the creator of an
original work exclusive rights to it, usually for a
limited period of time. At its most general, it is
literally “the right to copy,” but also gives the
copyright holder the right to be credited for the
work, to determine who (if anyone) may adapt
the work to other forms, to determine who may
perform the work, to benefit financially from
the work, and other related rights. The scope of
copyright is confined in the literary and artistic
works which are original intellectual creations in
the literary and artistic domain.
Copyright infringement is the use of works under
copyright, infringing the copyright holder’s
exclusive rights, such as:
 the right to reproduce,
 distribute,
 display or perform the copyrighted work,
or

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 to make derivative works, without


permission for the copy right holder, which is
typically a publisher or the business
representing or assigned by the works’ creator
NOTE: Fair use exemption allows a person to
legally copy small amounts of someone else’s
work\
The foregoing are violations of Intellectual
Property Rights. In the Philippines these
violations are punishable under Republic Act
Number 8293, otherwise known as the
Intellectual Property Code of the Philippines.

COPYRIGHT INFRINGEMENT AND PLAGIARISM


DISTINGUISHED
 Plagiarism is the practice of claiming or
implying original authorship of (or incorporating
material from) someone else’s written or
creative work, in whole or in part, into one’s
own without adequate acknowledgement.
 Plagiarism is different from Copyright
Infringement. While both terms may apply to a
particular act, they emphasize different aspects
of the transgression. Copyright infringement is a
violation of the rights of the copyright holder,
when material is used without the holder’s
consent .
 On the other hand, plagiarism is concerned
with the unearned increment to the plagiarizing
author’s reputation that is achieved through
false claims of authorship.

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10. NIGERIAN LETTER or “419” FRAUD -Nigerian


letter frauds combine the threat of
impersonation fraud with a variation of an
advance fee scheme in which a letter mailed
from Nigeria offers the recipient the
“opportunity” to share in a percentage of
millions of dollars that the author—a self-
proclaimed government official—is trying to
transfer illegally out of Nigeria. The recipient is
encouraged to send information to the author,
such as blank letterhead stationery, bank name
and account numbers, and other identifying
information using a fax number provided in the
letter. Some of these letters have also been
received via e-mail through the Internet. The
scheme relies on convincing a willing victim,
who has demonstrated a “propensity for
larceny” by responding to the invitation, to send
money to the author of the letter in Nigeria in
several installments of increasing amounts for a
variety of reasons.
11. TELEMARKETING FRAUD-When you send
money to people you do not know personally or
give personal or financial information to
unknown callers, you increase your chances of
becoming a victim of telemarketing fraud.
Here are some warning signs of telemarketing
fraud—what a caller may tell you:
 “You must act ‘now’ or the offer won’t be
good.”
 “You’ve won a ‘free’ gift, vacation, or prize.”
But you have to pay for “postage and handling”
or other charges.

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 “You must send money, give a credit card or


bank account number, or have a check picked
up by courier.” You may hear this before you
have had a chance to consider the offer
carefully.
 “You don’t need to check out the company
with anyone.” The callers say you do not need
to speak to anyone including your family,
lawyer, accountant, local Better Business
Bureau, or consumer protection agency.
 “You don’t need any written information
about their company or their references.”
 “You can’t afford to miss this ‘high-profit,
no-risk’ offer.”

12. BID-RIGGING-A form of fraud in which a


commercial contract is promised to one party
even though for the sake of appearance several
other parties also present a bid. It is a form of
price fixing and market allocation, often
practiced where contracts are determined by a
call for bids, for example in the case of
government construction contracts.

FENCING (PD NO. 1612)


Fencing" (PD No. 1612) -is the act of any person
who, with intent to gain for himself or for
another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows, or should be known to him, to have been

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derived from the proceeds of the crime of


robbery or theft.

POLITICAL CORRUPTION
Political corruption is the use of governmental
powers by government officials for illegitimate
private gain. An illegal act by an officeholder
constitutes political corruption only if the act is
directly related to their official duties. Forms of
corruption vary, but include bribery, extortion,
cronyism, nepotism, patronage, graft, and
embezzlement. While corruption may facilitate
criminal enterprise such as drug trafficking,
money laundering, and human trafficking, it is
not restricted to these activities. The activities
that constitutes corruption differ depending on
the country or jurisdiction. Worldwide bribery
alone is estimated to involve over 1 trillion US
dollars annually. A state of unrestrained political
corruption is known as Kleptocracy, literally
means “rule by thieves.”

bookmaker, bookie, or turf accountant -is an


organization that, or a person who, takes bets on
sporting and other events at agreed-upon odds.
Chop Shop- In motor vehicle theft, a chop shop is
a location or business which disassembles stolen
automobiles for the purpose of selling them as
parts. The term originated from the practice of
building a car from two halves, welded together.
Racket -is a service that is fraudulently offered to
solve a problem, such as for a problem that does
not actually exist, that will not be put into effect,

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or that would not otherwise exist if the racket did


not exist. Conducting a racket is racketeering.

Extortion (also called shakedown, outwrestling,


and exaction) is a criminal offense of obtaining
money, property, or services from an institution,
through coercion. It is
sometimes euphemistically referred to as a
"protection racket" since the racketeers often
phrase their demands as payment for
"protection" from (real or hypothetical) threats
from unspecified other parties.
loan shark is a person or body who offers loans
at extremely high interest rates.
Match fixing (Game Fixing) occurs as a match is
played to a completely or partially pre-
determined result, violating the rules of the game
and often the law.
Numbers game, -also known as the numbers
racket, the policy racket, the policy game,
the Italian lottery, or the nigger pool is an
illegal lottery played mostly in poor
neighborhoods in the United States, wherein a
bettor attempts to pick three digits to match
those that will be randomly drawn the following
day.
Casino Skimming refers to the illegal transfer of
funds from casinos to outside personnel without
official documentation. Skimmed money is
usually transferred in cash to evade taxes and to
fund organized crime anonymously.
Credit card fraud- a wide-ranging term
for theft and fraud committed using or involving

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a payment card, such as a credit card or debit


card, as a fraudulent source of funds in a
transaction. The purpose may be to obtain goods
without paying, or to obtain unauthorized funds
from an account. Credit card fraud is also an
adjunct to identity theft.
EIGHT (8) TYPES OF CORRUPTION FREQUENTLY
PRACTICED IN THE PHILIPPINES

1. Tax Evasion – This is very rampant,


particularly in the private sector due to the
refusal of those engaged in private businesses
to honestly declare their annual income and to
pay the corresponding taxes to the government.
2. Ghost Projects and Payrolls – This is done
by high officials of the government whereby
non-existing projects are financed by the
government while non-existing personnel or
pensioners are being paid salaries and
allowances. This practice is rampant in
government agencies involved in formulation
and implementation of programs and projects
particularly in infrastructure and in the granting
of salaries, allowances and pension benefits.
3. Evasion of Public Bidding in the Awarding
of Contracts – Government offices, particularly
bids and awards committees forego the
awarding of contracts through public bidding, or
award these contracts to favored business
enterprises or contractors. To legally evade
public bidding, purchasing government agencies
would embark on a “piece-meal purchasing
strategy” whereby small amount of supplies and

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materials will be bought in a continuous


process. In which case, internal agreements
between the buyer and the supplier is done
whereby a certain percentage of the price value
will be given to the buyer which sometimes
result to overpricing and the purchase of sub-
standard supplies and materials.
4. The practice of passing contracts from one
contractor to another – in the construction of
infrastructure projects, contractors have that
practice of passing the work from one
contractor to another and in the process certain
percentage of the project value is retained by
each contractor and sub-contractors resulting to
the use of substandard materials or even
unfinished projects.
5. Nepotism and Favoritism – government
officials particularly those occupying high
positions tend to cause the appointment or
employment of relatives and close friends to
government positions even if they are not
qualified or eligible to discharge the functions of
that office. This is one of the root causes of
inefficiency and the overflowing of government
employees in the bureaucracy.
6. Extortion – This is done by government
officials against their clients by demanding
money, valuable items, or services from
ordinary citizens who transact business with
them or with their office. This is rampant in
agencies issuing clearances and other
documents, those involved in the recruitment of

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personnel, or those performing services that


directly favor ordinary citizens;
7. “Tong” or Protection Money – This is a
form of bribery which is done by citizens
performing illegal activities and operations.
They deliver huge amount of money to
government officials particularly to those in-
charge of enforcing the law in exchange for
unhampered illegal operation. The law
enforcement officer who receives the money
will be duty-bound to protect the citizen
concerned together with his illegal activities
from other law enforcement authorities. This is
practiced mostly by gambling lords and those
engaged in business without the necessary
permits; and,
8. The “Lagay” system or Bribery – The
“lagay” system or the act of citizens to bribe
government officials occupying sensitive
positions in government is perpetuated due to
bureaucratic red tape. The most frequently
employed method is offering a considerable
amount of money to a government official who
can facilitate the issuance of the desired
documents in agencies issuing licenses, permits,
clearances, and those agencies deputized to
make decisions on particular issues. Another
method in this category is the employment of
“fixers” whereby people will pay certain
individuals who may or may not be government
employees to process or obtain personal
requirements for them.

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PHILIPPINE LAWS TO CONTROL GRAFT AND


CORRUPTION

1. The 1987 Philippine Constitution


Article XI of the 1987 Philippine Constitution,
entitled “Accountability of Public Officers”, states
in Section 1 that “public office is a public trust.
Public officers and employees must at all times
be accountable to the people, serve them with
utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice, and
lead modest lives.” Section II of the same article
states that the President, Vice-President,
members of the Constitutional Commissions and
the Ombudsman may be removed from office on
impeachment for bribery and graft and
corruption;
2. Republic Act No. 3019 also known as the
Anti-Graft and Corrupt Practices Act of 1960
This law enumerates all corrupt practices of any
public officer, declares them unlawful and
provides the corresponding penalties of
imprisonment (between 6-15 years) perpetual
disqualification from public office, and
confiscation or forfeiture of unexplained wealth
in favor of the government;
3. Executive Order No. 292 or the
Administrative Code of 1987
This order reiterates the provisions embodies in
Section 1, Article XI of the 1987 Constitution. It
also gives the President the power to institute

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proceedings to recover properties unlawfully


acquired by public officials and employees;
4. Republic Act No. 6713 also known as the
Code of Conduct and Ethical Standards for
Public Officials and Employees of 1989
This act promotes a high standard of ethics and
requires all government personnel to make an
accurate statement of assets and liabilities,
disclose net worth and financial connections. It
also requires new public officials to divest
ownership in any private enterprise within 30
days from assumption of office to avoid conflict
of interest;
5. Republic Act No. 6770 also known as the
Ombudsman Act of 1989
This provides the functional and structural
organization of the Office of the Ombudsman;
6. Republic Act No. 7055 also known as An
Act Strengthening Civilian Supremacy over the
Military
This law creates two avenues for trying erring
members of the Armed Forces of the Philippines
and other members subject to military laws.
Crimes penalized by the Revised Penal Code and
other special penal laws and local government
ordinances shall be tried in civil courts. Military
courts shall take cognizance of service-oriented
crimes only;
7. Republic Act No. 7080 also known as the
Act Defining and Penalizing the Crime of
Plunder
This act penalizes any public officer who by
himself or in connivance with members of his

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family, relatives by affinity or consanguinity,


business associates, accumulates or acquires ill-
gotten wealth, through a combination of series
of event criminal acts, an aggregate amount to
total value of at least fifty million pesos
(P50,000,000);
8. Republic Act No. 8249 also known as the
Act Further Defining the Jurisdiction of the
Sandiganbayan
This classifies the Sandiganbayan as a special
court and places it at par with the Court of
Appeals;
9. Presidential Decree No. 46
It declares it unlawful for government personnel
to receive gifts and for private persons to give
gifts on any occasion including Christmas,
regardless of whether the gift is for past or
future favors. It also prohibits entertaining
public officials and their relatives;
10. Presidential Decree No. 677 – requires the
Statement of Assets and Liabilities to be
submitted every year; and,
11. Presidential Decree No. 749 – grants
immunity from prosecution to givers of bribes
and other gifts and to their accomplices in
bribery charges if they testify against the public
officials or private persons guilty of those
offenses.

COMBATING TRANSNATIONAL ORGANIZED


CRIM
Most illicit trafficking begins or ends in the
world's greatest economic powers, such as

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the G8 forum. In other words, the world’s largest


trading partners are also the world’s greatest
markets for illicit goods and services.
1. Investigative technique of investigation-
According to the United Nations Asia and Far
East Institute for the Prevention of Crime and
the Treatment of Offenders (UNAFEI),
combating transnational organized crime relies
first and foremost on effective investigative
techniques and prosecutorial tools. Three
techniques in particular stand out as the most
important in CTOC:
 Undercover operations
 Electronic surveillance
 Use of informants
2. Tools of Prosecution
 RICO Act
 Organized Crime Strike Force Units
 Immunity System
 Witness Protection Programs
 Forfeiture
 Money Laundering
 Sentences

Leading International Enforcement Agencies in


CTOC
United Nations Convention against
Transnational Organized Crime
On November 15, 2000, the United Nations
Convention against Transnational Organized
Crime (UNTOC) was adopted by the United
Nations General Assembly and is appointed to

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serve as the most significant mechanism for


fighting TOC internationally.

Interpol (International Criminal Police


Organization)
 The idea of the organization known today
as Interpol was born at the first International
Criminal Police Congress, held in Monaco in
1914.
 It was officially created in 1923 with the
name, International Criminal Police
Commission,
 renamed in 1956 with the name, Interpol.
 Today, it is the largest international police
organization in the world and is made up of 190
member nations.
 Each member nation staffs a national
central bureau that communicates and
cooperates with other member nations.
 Its mission is ""Preventing and fighting
crime through enhanced cooperation and
innovation on police and security matters".
 Although the organization Interpol exists to
coordinate intelligence efforts between national
law enforcement agencies, it is not an
international police force, and indeed no such
international law enforcement body with
universal jurisdiction exists.
 Headquarters- Lyons, France

INTERNATIONAL CRIMINAL POLICE


ORGANIZATION

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INTERPOL is the world’s largest international


police organization, with 190 member
countries. Its role is to enable police around the
world to work together to make the world a
safer place.

Mission
“Facilitate the widest possible mutual assistance
between all criminal law enforcement
authorities. Ensure that police services can
communicate securely with each other around
the world. Enable global access to police data
and information. Provide operational support
on specific priority crime areas. Foster
continuous improvement in the capacity of
police to prevent and fight crime and the
development of knowledge and skills necessary
for effective international policing. Strive for
innovation at all times, in the areas of police
and security matters.”

Article 2 Constitution of the INTERPOL


It aims are: (1) to ensure and promote the widest
possible mutual assistance between all criminal
police authorities within the limits of the laws
existing in the different countries and in the
spirit of the “Universal Declaration of Human
Rights”; and, (2) to establish and develop all
institutions likely to contribute effectively to the
prevention and suppression of ordinary law
crimes.

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Organizational Set-up
1. General Assembly- Supreme governing body.
2. Executive Committee- Supervises the
execution of the decision of the general
assembly and the work of Secretary General.
3. General Secretariat- Implements decisions and
recommendations adopted by the two
governing bodies through the secretary
General.
4. National Central Bureaus- Staffed with
countries own police officers.
5. Advisers- Experts in purely advisory capacity,
who may be appointed by the Executive
Committee and confirmed by the General
Assembly.
6. Commission for the Control of the INTERPOL’S
Files (CCF) – independent body whose
mandates are:
1. Ensure that the processing of personal
information by the INTERPOL complies with
the organization’s regulations;
2. Advise INTERPOL on any project, operation,
set of rules, or other matter involving the
processing of personal information;
3. Process request concerning the information
contained in INTERPOL’s file.

Crimes of Concern of the INTERPOL


1. Public safety and terrorism
2. Trafficking of Human beings
3. Fugitive investigative service
4. Financial and high-tech services
5. Drugs and criminal organizations

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6. others such as: war crimes, crimes against


humanity, environmental crimes and law
enforcement corruption

When information needs to be circulated as


widely as possible, INTERPOL’s color-coded
notices are used:
 Red Notices – are issued to all countries for
individuals wanted by national authorities,
seeking their provisional arrest with a view of
extradition.
 Blue Notices – are issued to collect additional
information about a person’s identity, location
or activities in relation to a crime.
 Green Notices – provide warnings and
intelligence about persons who have committed
criminal offenses.
 Yellow Notices – help locate missing persons.
 Black Notices – seek information on unidentified
bodies.
 Orange Notices – warn of an event, a person, an
object or a process representing an imminent
threat and danger to persons or property.
 Purple Notices – provide information on modus
operandi, procedures, objects, devices or hiding
places used by criminals.
 Diffusions – similar to the Notice, diffusion is
used for the same purposes as notices but sent
directly by a member country or an
international entity to the countries of their
choice.

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World Bank- With a membership of 188 nations,


the World Bank is nearly the same size as Interpol
(190) and although CTOC is not its primary
mission, the World Bank does attempt to combat
TOC by conducting assessments of anti-money
laundering provisions and carrying out anti-
corruption efforts.
International Monetary Fund-The International
Monetary Fund also conducts assessments of
anti-money laundering provisions in countries.

INTERNATIONAL AND NATIONAL LAWS,


DECREES, TREATIES, AND STATUTES

For Organized Crime (Abroad)


1. United Nations Convention against
Transnational Organized Crime (General
Assembly Resolution 55/25, 15 November 2000)
– “the main international instrument in the fight
against transnational organized crime.”
2. Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and
Children, supplementing the United Nations
Convention against Transnational Organized
Crime
3. Protocol against the Smuggling of Migrants
by Land, Sea and Air, supplementing the United
Nations Convention against Transnational
Organized Crime
4. Protocol against the Illicit Manufacturing of
and Trafficking in Firearms, Their Parts and
Components and Ammunition, supplementing

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the United Nations Convention against


Transnational Organized Crime (General
Assembly Resolution 55/255, 31 May 2001)
5. Political Declaration and Action Plan against
Money Laundering – adopted at the Twentieth
Special Session of the United Nations General
Assembly devoted to “countering the world
drug problem together,” New York, 10 June
1998
6. United States “Organized Crime Control Act
of 1970”
7. Racketeer Influenced and Corrupt
Organization (RICO) Act
8. Southeast European Cooperative Initiative –
is an international organization intended to
coordinate police and customs regional actions
for preventing and combatting trans-border
crime. It is headquartered in Bucharest,
Romania, and has 12 fully participating
countries and 14 countries with observer status
since 1998. The initiative’s center serves as a
clearing house for information and intelligence
sharing, allowing the quick exchange of
information in a professional and trustworthy
environment. The initiative also supports
specialized task forces for countering trans-
border crime such as the trafficking of people,
drugs, and cars; smuggling; financial crimes;
terrorism; and other serious trans-border
crimes.

Local Laws against Organized and Transnational


Crimes

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1. RA No. 10364 also known as the “Expanded


Anti-Trafficking in Persons Act of 2012.”
2. RA No. 9775 (Anti-Child Pornography Act of
2009)
3. RA No. 9208 (Anti-Trafficking in Persons Act
of 2003)
4. RA No. 9160 (Anti-Money Laundering Act of
2001)
5. RA No. 9194 (An Act Amending RA No.
9160)
6. RA No. 10167 (An Act to Further Strengthen
the Anti-Money Laundering Law)
7. RA No. 10175 (Cybercrime Prevention Act
of 2012)
8. RA No. 8792 (Electronic Commerce Act of
2000)
9. RA No. 8293 (Intellectual Property Code of
the Philippines)
10. RA No. 10372 (An Act Amending Certain
Provision of RA No. 8293)
11. RA No. 9995 (Anti-Photo and Voyeurism Act
of 2009)
12. RA No. 9165 (Comprehensive Dangerous
Drugs Act of 2002)

WHAT IS TERRORISM?
Depending on how broadly the term is defined,
the roots and practice of terrorism can be traced
at least to the 1st-century AD Sicarii Zealots,
though some dispute whether the group,
which assassinated collaborators with Roman
rule in the province of Judea, was in fact terrorist.
In the late 11th century, the Hashshashin (a.k.a.

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the Assassins) arose, an offshoot of


the Isma'ili sect of Shia Muslims. Led by Hassan-
iSabbah and opposed to Fatimid rule, the
Hashshashin militia seized Alamut and other
fortress strongholds across Persia. Hashshashin
forces were too small to challenge enemies
militarily, so they assassinated city governors and
military commanders in order to create alliances
with militarily powerful neighbors
"Terrorism" comes from the French
word terrorisme, and originally referred
specifically to state terrorism as practiced by the
French government during the 1793–1794 Reign
of Terror. The French word terrorisme in turn
derives from the Latin verb terrere (e, terreo)
meaning "to frighten".The terror cimbricus was a
panic and state of emergency in Rome in
response to the approach of warriors of the
Cimbri tribe in 105 BCE that the Jacobins cited as
a precedent when imposing the Reign of Terror
during the French Revolution. After the Jacobins
lost power, the word "terrorist" became a term
of abuse.

 The FBI defines terrorism as “the unlawful use


of force or violence against persons or property
to intimidate or coerce a government, the
civilian population or any segment thereof in
furtherance of political or social objectives.”
 The U.S. Army Manual defines terrorism as
“calculated use of unlawful violence or threat of
unlawful violence to inculcate fear. It is
intended to coerce or intimidate governments

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or societies…[to attain] political, religious, or


ideological goals.”
 Secretary General of the United Nations report
(2004) described terrorism as any act “intended
to cause death or serious bodily harm to
civilians or non-combatants with the purpose of
intimidating a population or compelling a
government or an international organization to
do or abstain from doing any act.”
 Terrorism is defined as political violence in
asymmetrical conflict that is designated to
induce terror and psychic fear through the
violent victimization and destruction of
noncombatant targets. Such acts are meant to
send a message from an illicit clandestine
organization. The purpose of terrorism is to
exploit the media in order to achieve maximum
attainable publicity as an amplifying force
multiplier in order to influence the targeted
audience(s) in order to reach short- and
midterm political goals and/or desired long-
term end states.
 Criminal acts intended or calculated to provoke
a state of terror in the general public, a group of
persons or particular persons for political
purposes are in any circumstance unjustifiable,
whatever the considerations of a political,
philosophical, ideological, racial, ethnic,
religious or any other nature that may be
invoked to justify them (UN Declaration on
Measures to Eliminate International Terrorism,
9 December 1994).

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 RA No. 9372 also known as “Human Security Act


of 2007” defines terrorism as “any person who
commits an act punishable under any of the
following provisions of the Revised Penal Code
(Piracy, Rebellion, Coup d’Etat, Murder,
Kidnapping, and crimes involving destruction)
thereby sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand.”

Organized Crime Distinguished from Terrorism


Organized Crime is a non-ideological enterprise
which would differentiate it from TERRORISM,
such as those religiously, politically, and some
socially motivated violent crimes embraced in the
technical definition of terrorism.

History of Terrorism
 The first use in English of the term “terrorism”
occurred during the French Revolution’s Reign
of Terror, when the Jacobins, who ruled the
revolutionary state, employed violence,
including mass executions by guillotine, to
compel obedience to the state and intimidate
regime enemies.
 1858 – Assassination attempt to French
Emperor Napoleon III killing eight bystanders
and 142 injured. The incident played a crucial
role as an inspiration for the development of
the early terrorist groups.
 Anarchism - the most prominent ideology linked
with terrorism. Near the end of the 19th

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century, anarchist groups or individuals


committed assassinations of a Russian Tsar and
a U.S. President.

What are the causes of terrorism?


1.
Social and political injustice – people choose
terrorism when they are trying to right what
they perceive to a social or political or historical
wrong—when they have been stripped of their
land or rights, or denied these.
2.
The belief that violence or its threat will be
effective, and usher in change – another way of
saying this is “the belief that violent means
justify the ends. Many terrorist in history said
sincerely that they chose violence after long
deliberation, because they felt they had no
choice.
3.
Religious – perhaps the most commonly held
belief today is that terrorism is caused by
religion. Though it is not the main cause for
terrorism, religion does play a significant role in
driving some forms of it.

TYPES OF TERRORISM:
 Political terrorism – Violent criminal behavior
designed primarily to generate fear in the
community, or substantial segment of it, for
political purposes.
 Limited political terrorism – Genuine political
terrorism is characterized by

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a revolutionary approach; limited political


terrorism refers to "acts of terrorism which are
committed for ideological or political motives
but which are not part of a concerted campaign
to capture control of the state.
 Official or state terrorism – "referring to
nations whose rule is based
upon fear and oppression that reach similar to
terrorism or such proportions". It may also be
referred to as Structural Terrorism defined
broadly as terrorist acts carried out by
governments in pursuit of political objectives,
often as part of their foreign policy.
 Data-terrorism – "The unjust storage or use of
private information for economic, political or
personal gains". Commonly seen in
governments and countries like the United
States, Canada and Australia. Large corporations
such as Facebook are also guilty of using user
data without confirming explicit user knowledge
and consent to do so when joining.
 Passive terrorism - is an inert or quiescent
behavior towards terrorism; an inaction, non-
reaction, non-participation, non-involvement in
countering terrorism. Passive terrorism
describes a behavior of general public or
government which silently allows the spread or
promotion of terrorism by turning a blind eye or
tolerating terrorism. Passive terrorism prevails
when there is no deliberate effort or decision to
either counter it or raise voice against it.

CATEGORIES OF TERRORISM

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Ethnocentric - is the category of terrorist


organization which is aimed at establishing a
dominant or superior race that will be looked
upon by the entire populace in the world.
Revolutionary - is the category of terrorist group
which is dedicated to overthrow an established
order and replacing it with a new political or
social structure.
Political - is the category of terrorist group which
aims in restructuring the society.
Nationalistic - those who commit acts of violence
due to their loyalty or devotion to their
country.

What are the Four (4) Pillars of the Global


Counter-Terrorism Strategy?
1.
Addressing the conditions conducive to the
spread of terrorism
2.
Measures to prevent and combat terrorism
3.
Measures to build states’ capacity to prevent and
combat terrorism and to strengthen the role of
the United Nations system in that regard
4.
Measures to ensure respect for human rights for
all and the rule of law as the fundamental basis
for the fight against terrorism.

Combating Terrorism – from a criminological


perspective, it’s worth noting that terrorism
combines two elements. To successfully fight

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against terrorism, you have to eliminate at least


one of these two elements.
1.
Motivation: A desire to strike out in violence to
achieve a terrorist goal.
2.
Operational Capability: The people and the tools
necessary to commit a terrorist act.
“The fight against terrorism requires a
comprehensive approach, comprising political,
economic, diplomatic, military, and legal means
duly taking into account the root causes of
terrorism without acknowledging these as
justifications for terrorist and/or criminal
activities. Such measures shall include conflict
management and post-conflict peace-building,
addressing the roots of conflict by building state
capacity and promoting equitable economic
development.” (RA No. 9372)

What are the Different Types of Terrorism?


 Bioterrorism
 Cyberterrorism
 Domestic Terrorism
 Eco-terrorism
 International Terrorism
 Left-Wing Terrorism
 Non-Political Terrorism
 Narcoterrorism
 Nuclear Terrorism
 Political Terrorism
 Religious Terrorism
 Right Wing Terrorism

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 State Terrorism

International Terrorist Organizations


 Al Qaeda “The Base”, “The Foundation”, “The
Fundament”

FIGURE 6.7 BIN LADEN


 Boko Haram
 Haqqani Network
 Hamas
 Hezbollah (“Party of God”)
 Islamic State of Iraq and the Levant (ISIL) also
known as the Islamic State of Iraq and Syria
(ISIS)
 Jemaah Islamiyah (“Islamic Congregation")
 Lashkar-e-Taiba (Army of the Good)
 Liberation Tigers of Tamil Eelam (Tamil Tigers)
 Revolutionary Armed Forces of Columbia (FARC)
 Taliban ("students")

Domestic Terrorist Organizations


 Abu Sayyaf (Abu/”father of”,
Sayaff/”swordsmith”)
 New People’s Army (NPA)
 Maute group

1. Moro National Liberation Front (MNLF)

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 The Moro National Liberation Front's primary


goal was the creation of an autonomous Muslim
state in the southern Philippines.
 The Philippine government encouraged
Christian citizens to move to the island of
Mindanao, one of the Philippines more
abundant areas in terms of natural resources in
1950s. By the late 1960s, Christians had become
the majority in Mindanao.
 Tensions between the newly-arrived Christians
and the comparatively poorer Muslim
inhabitants emerged.
 Responding to these developments, Nur Misuari
formed a Muslim advocacy group in the late
1960’s called the Mindanao Independence
Movement.
 In 1972, Misuari recreated his advocacy group
as an armed terrorist rebel organization and
changed its name to the Moro National
Liberation Front.
 The Moro National Liberation Front (MNLF)
emerged as a powerful terrorist group.
Philippine president Ferdinand Marcos
responded with military force, committing 80
percent of the country's military troops to the
southern area.

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FIGURE 6.8 NUR MISUARI


2. Moro Islamic Liberation Front (MILF)
 The Moro Islamic Liberation Front (MILF) is a
splinter or breakaway group from the Moro
National Liberation Front (MNLF).
 Following a failed 1977 accord (agreement)
between MNLF and the Philippine government,
Hashim Salamat (MNLF’s second-in-command)
broke away from the group (along with 57
MNLF officers) and then created the Moro
Islamic Liberation Front.

The New Leadership – the first name of MILF


when they had just broke away from the MNLF.
(1977). It was in the year 1984 when it was
called Moro Islamic Liberation Front or MILF.
Publicly, the Moro Islamic Liberation Front
demanded a fully independent Muslim state in
the southern Philippines.
1997 - MILF had begun negotiations with the
Philippine government. (For simply an
autonomous Muslim region)
June 2001 – A peace agreement between former
PGMA and the MILF was signed.

3. Abu Sayyaf Group (ASG)


 The ASG was founded in 1991 by radical Moro
National Liberation Front (MNLF) members who
objected to the MNLF's negotiations with the
Philippine government.
 In English – Father of the Swordsmen
 In Arabic – the Swordbearer

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 It sees itself as the rightful inheritor of the


legacy of armed Moro resistance in the region
and the torchbearer in the struggle for the
establishment of an Islamic state in Southeast
Asia.
 The group's first major attack came in 1991,
when an Abu Sayyaf grenade killed two
American Evangelists.
 Abdurajak Abubakar Janjalani – first leader
(1991-1998)
 Khadaffy Janjalani – led the group from 1998 to
2006, escaped from Camp Crame on 1995 when
he was 20 years old.
 Abdul Bassit Usman – the leader of ASG, one of
the target of the operation which led to the
death of 44 members of PNP SAF. (1Million)
 Isnilon Totoni Hapilon – current Abu Sayyaf
leader

4. NEW PEOPLE'S ARMY (NPA)


 Founded in MARCH 29, 1969 by Bernabe
Vuscayno AKA “Ka Dante/Commander Dante”.
 The New People's Army (NPA) was created as
the armed wing of the outlawed political
organization, the Communist Party of the
Philippines, Marxist-Leninist (CPP-ML).
 From 1969 to 1976, the People's Republic of
China provided material support to the New
People's Army. Following the cessation of
China's support, the NPA went through a five-
year period of weakness.

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The NPA tactic is to continue a prolonged armed


conflict that will eventually overthrow the
Filipino government and replace it with a
communist/socialist state.

CPP – considered as the brain of NPA, founded by


Jose Maria Sison in December 26, 1968.

FIGURE 6.9 JOMA SISON


“ABB”
Alex Boncayao Brigade
 A Manila-based death squad that assassinated
dozens of people on the orders of CPP-ML
during 1980’s.
 A breakaway urban hit squad of the CPP-NPA. It
was named after the labor leader Alex Boncayao
who was candidate in the 1978 under the
LABAN Party.

5. RAJAH SOLAIMAN MOVEMENT


aka “Balik Islam” or “Back To Islam”
 founder Hilarion del Rosario Santos III aka
Hannah Santos, aka Ahmed Santos, aka Hilarion
del Rosario, converted to Islam in 1993 and
married into the top ranks of the leadership of
the Abu Sayyaf Group (ASG).
 One of the latest groups affiliated with ASG,
MILF and JI.

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Laws against Terrorism (abroad)


1. 1963 Convention on Offences and Certain
Other Acts Committed On Board Aircrafts
2. 1970 Convention for the Suppression of
Unlawful Seizure of Aircraft
3. 1971 Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation
4. 1988 Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to
the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation
5. 2010 Convention on the Suppression of
Unlawful Acts Relating to International Civil
Aviation
6. 2010 Protocol Supplementary to the
Convention for the Suppression of Unlawful
Seizure of Aircraft
7. 2014 Protocol to Amend the Convention on
Offences and Certain Acts Committed on Board
Aircraft
8. 1973 Convention on the Prevention and
Punishment of Crimes against Internationally
Protected Persons
9. 1979 International Convention against the
Taking of Hostages
10. 1980 Convention on the Physical Protection
of Nuclear Material
11. 2005 Amendments to the Convention on
the Physical Protection of Nuclear Material

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12. 1988 Convention for the Suppression of


Unlawful Acts against the Safety of Maritime
Navigation
13. 2005 Protocol to the Convention for the
Suppression of Unlawful Acts against the Safety
of Maritime Navigation
14. 1988 Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Staff
15. 2005 Protocol to the Protocol for the
Suppression of Unlawful Acts against the Safety
of Fixed Platforms located on the Continental
Staff
16. 1991 Convention on the Making of Plastic
Explosives for the Purpose of Detection
17. 1997 International Convention for the
Suppression of Terrorist Bombings
18. 1999 International Convention for the
Suppression of the Financing of Terrorism
19. 2005 International Convention for the
Suppression of Acts of Nuclear Terrorism

Local
1. RA No. 9372 (Human Security Act of 2007)
2. RA No. 10168 (The Terrorism Financing
Prevention and Suppression of Act of 2012)

INFAMOUS PERSONALITIES

 al-Baghdadi, Abū Bakr – Leader of the Islamic


State of Iraq and the Levant (ISIL). He has $25M
reward for his capture or death. He is known to
his supporters as Amir al-Mu'minin, (Caliph). His

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surname literally means one from Baghdad and


denotes he comes from Baghdad city or
Baghdad governorate in Iraq. He was arrested
by US Forces-Iraq on 2 February 2004. In
December 2004, he was released as a "low level
prisoner". In 29 June 2014, ISIL announced the
establishment of a worldwide caliphate. He was
named its caliph.

 al-Zawahiri, Ayman Mohammed Rabie , “the


doctor”, “the teacher”. Current leader of al-
Qaeda. The U.S. State Department has offered a
US$25M reward for information or intelligence
leading to his capture. In 1981, Al-Zawahiri was
one of hundreds arrested following the
assassination of President Anwar Sadat (Egypt).
In 1995 attack on the Egyptian embassy in
Islamabad, Pakistan under his leadership. In
April 30, 2009, the U.S. State Department
reported that al-Zawahiri had emerged as al-
Qaeda’s operational and strategic commander.

Local Group

 Hapilon, Isnilon Totoni also known as Abu


Abdullah al-Filipini. Emir of the Islamic State
forces in the Philippines. One of the FBI’s Most
Wanted terrorists with $5M reward. He was
formerly leader of Abu Sayyaf Group before its
battalions pledged their allegiance to Abu Bakr
al-Baghdadi. He led an attack alongside Furuji
Indama at Tipo-Tipo, Basilan on July 7, 2016. As
of January 2017, ISIL acknowledged him as their

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member. And he is known to be in Butig, Lanao


del Sur for rectifying Maute Group and joins
Abu Sayyaf to establish the Islamic State in the
Philippines.

 Kiram, Mohammad Reza – In June 21, 2016, he


appeared in a 20-minute video released on pro-
ISIS Telegram accounts, calling on Muslims to
join the jihad. He is the only identified Filipino
fighting in Syria for ISIS. He was one of the three
terrorist who were responsible for the
beheading of three Caucasian males, whom
they claimed were “spies of the crusader
alliance.”

SIMPLE RECALL/DEFINITION OF TERMS


It is the business of smuggling or transporting of
alcoholic beverages illegally. This mainly took
place during the Prohibition from 1920 to 1933
(Bootlegging).
A “combination of producers to control,
monopolize, and restrict competition of the sale
and price of a particular product or service”
(Cartel).
It is an example of a business that was run and
regulated by gangsters with the intent of earning
significant profits. It is typically appeared in the
forms of roulette, craps, various card games
including faro, and perhaps most popularly,
betting on horse races (Gambling).
“Three or more persons having a common
identifying sign or symbol or an identifiable

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leadership who continually or regularly associate


in the commission of criminal activities” (Gang).
Hand-poked full-body tattoos for the members
through hand-made and hand-held tools with
needles of sharpened bamboo or steel (Irezumi).
The lending of money to individuals at an
interest rate in excess of that permitted by law
(Loan-Sharking).
One pearl is inserted into the skin of the penis
of the member for every year in prison
(Pearlings).
Refers to an attack used by a hacker to lure
people into a fake website. They do this by
sending an e-mail that seem to come from a
legitimate company or entity. Once you click on
the link in the e-mail. It will redirect you to a fake
website where you will be asked to provide your
user ID, password, login credentials and other
sensitive information. When you provide this
information, it will be transmitted to the hacker,
who will the use it to commit acts of fraud
(Phishing).
The depiction of explicit sexual subject matter
for sexually exciting the viewer (Pornography).
The act or practice of engaging in sex acts for
hire (Prostitution).
A service fraudulently offered to solve a
problem, such as for a problem that does not
actually exist, that will not be put into effect, or
that would not otherwise exist if the racket did
not exist. Particularly, the potential problem may
be caused by the same party that offers to solve
it, although that fact may be concealed, with the

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specific intent to engender continual patronage


for this party (Racketeering).
An illegal establishment that sold alcohol during
Prohibition (Speakeasy).
It was originated among early-marginalized
Chinatown communities to protect themselves
from the natives, but because it had no political
motives, they soon found themselves involved in
criminal activities like extortion, gambling, human
trafficking, murder and prostitution (Tongs).
The bosses of the Triads (Dragonheads).
The Heaven and Earth Society (Hung clan).
For the first offense, the transgressor must cut off
the tip of his left little finger and hand the
severed portion to the boss a form of penance or
apology. Sometimes, the Underboss may do this
to himself to spare

LEGAL MEDICINE

HISTORY OF LEGAL MEDICINE


 2980 B.C.: IMHOTEP: earliest medico-legal
expert; chief physician and architect of King
Zoser of the Third dynasty in Egypt; first to record
a report of a murder trial written on clay tablet.
Builder of the first pyramid.
 460-355 B.C. HIPPOCRATES: discussed the
lethality of wounds in Greece. Also known as the
Father of Medicine
 384-322 B.C. ARISTOTLE: fixed animation of
fetus at the 40th day after conception

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 600 B.C. NUMA POMPILIUS: (In ROME) all


women dying during confinement should
immediately be opened in order to save the
child's life.
 ANTISTIUS: was the first “Police Surgeon” or
Forensic pathologist, who conducted the autopsy
of the dead body Julius Caesar. In his 23 stab
wounds, only one is fatal.
 483-565 B.C. JUSTINIAN: in his Digest, he
made that a physician is not an ordinary witness
and that a physician gives judgment rather than
testimony. This led to the reorganization of
expert witness in court.
 1209 POPE INNOCENT III: issued an edict
providing for appointment of doctors to the court
for determination of the nature of wounds.
 1234 POPE GREGORY IX: the preparation of
Nova Compilatio Decretalium which concerns
medical evidence
 1575 AMBROISE PARE: considered legal
medicine as separate discipline and he discussed
in his book, abortion, infanticide, death by
hanging, lighting, drowning, distinction between
ante-mortem and post-mortem wound and
poisoning by carbon monoxide and by corrosives.
 Paulus Zacchias – “Father of Forensic
Medicine” he published “Questiones Medico
Legales” which dealt with the legal aspects of
wound and the first two chapter dealt with the
detection of secret homicide.
 Mathiew Orfila – introduced chemical
method in toxicology. “Father of Modern
Toxicology”

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 1858 The first medical textbook "Manual


De Medicina Domestica" which includes pertinent
instructions in the practice of forensic medicine
was written by Dr. Rafael Genard y Mas, a chief
army physician.
 1895 Medico-legal laboratory was
established in the City of Manila
 1919- The Department of legal medicine
and ethics of the University of the Philippines was
created under Dr. Sixto delos Angeles as the
chief.
 1945-after the liberation of the city of
manila, criminal investigation Laboratory Division
was created with Dr. Mariano Lara as chief.
 Dr. Gregorio T. Lantin – CA No. 181 was
passed creating the division of investigation
under the DOJ. He was the chief of the medico
legal section.
 Dr. Enrique Delos Santos – RA 157 creating
the Bureau of Investigation. It was created by
virtue of an executive order of the President.
Under the bureau, a medico legal office is created
and he was the chief.

LAW- is a rule of conduct, just, obligatory, laid by


legitimate power for common observance and
benefit.

FORMS OF LAW
Lex Scripta- written or statutory law
Lex non Scripta- Unwritten or Common Law

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Forensic- It denotes anything belonging to the


court of law or used in court or legal proceedings.

Legal – is that which pertains to law, arising of, by


virtue of included in law.

Jurisprudence- it is practical science which


investigates the nature, origin, development and
function of law.

Legal medicine is the branch of medicine which


deals with the application of medical knowledge
to the purpose of law and in the administration
of justice.

Forensic Medicine the use of medical science to


elucidate legal problems in general without
specific reference or application to a particular
case

Medical Jurisprudence branch of law which


concern with aspects of law and legal concepts to
medical practice. It includes rights, duties,
liabilities of physician, patient and health
institution. (Juris-law; Prudentia - knowledge) -
denotes knowledge of law in relation to the
practice of medicine.

The Principle of Stare Decisis


 When the court has once laid down a
principle of law or interpretation as applied to a
certain state of facts, it well adhere to and apply

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to all future cases where the facts are


substantially the same.

TYPES OF MEDICAL EVIDENCE


 Autoptic or Real Evidence – evidence made
is known or addressed to the senses of the court.
 Testimonial Evidence - Ordinary/Expert
Witness
 Experimental Evidence – a medical witness
may be allowed by the court to confirm his
allegation or as a corroborated proof to an
opinion he was previously stated.
 Documentary Evidence – an instrument on
which is recorded by means of letters, figures,
marks, intended to be used for the purpose of
recording that matter which may be evidentially
used. (Medical Cert.,Medical Expert, Deposition)
 Physical Evidence – articles and materials
found in connection with the investigation and
which aid in establishing the identity of the
perpetrator or the circumstances under which
the crime was committed, or in general assist in
the prosecution of criminal.

KINDS OF WITNESSES

 Expert witnesses - opinion of a witness


regarding a question of science, art or trade,
when he is skilled therein, may be received in
evidence.

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 Ordinary Witnesses - all persons who, having


organs of sense, can perceive, and perceiving,
can make their perception to others, may be
witnesses.

RULINGS IN THE ADMISSIBILITY OF


TESTIMONIES OF EXPERT WITNESS

a. Frye Rule- determine the admissibility of


scientific evidence. It provides that expert
opinion based on a scientific technique is
admissible only where the technique is generally
accepted as reliable in the relevant scientific
community.

b. Daubert Rule- provides a rule of evidence


regarding the admissibility of expert witnesses'
testimony during United States federal legal
proceedings

c. Kumho Rule - Questions the witness’


methodology and questions whether Daubert
rule applied solely to scientific evidence.

Law of Multiplicity of Evidence in Identification-


Greater the number of points of similarities and
dissimilarities of 2 person compared, there is
greater probability of the conclusion to be
correct.

IDENTIFICATION OF PERSONS

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• By comparison – identification criteria


recovered during investigation are compared
with records available in the file or post mortem
finding are compared with ante-mortem records
• By exclusion – if 2 or more persons have to be
identified, then the one whose identity has not
been established may be known by process of
elimination

THE MEDICO-LEGAL SYSTEM

1. Medico-legal Office System


-used in the Philippines at present which is
handled by a Medical Jurist or Medico-legal
Officer who is a registered physician duly
qualified to practice medicine in the Philippines.
The PNP and the NBI has their own medical jurist
who handles their medico-legal cases. His duties
are to investigate the victim or the assailant and
to make reports and to appear in court as expert
witness.

2. Medical Examiner System


-In some parts of the United States
-is handled by the Chief Medical Examiner who is
a Doctor of Medicine and appointed by the
Mayor from the classified lists compiled by the
Civil Medical Examiner is on a 24-hour work with
clerical staff always present.

3. Coroner System

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-probably originated in England, although there


are no records of its actual origin. In common
law, the office of the Coroner is a very ancient
one. The name “Coroner” is probably derived
from the title “Custodes Placitorum Coronne” or
“Keeper of the King’s Pleas” as mentioned in
Articles of Eyre of 1194.

Coroner- not less than five years standing in his


position. The coroner is an inquest officer whose
duty is to inquire into the circumstances of
certain medico-legal cases within his jurisdiction.
Unlike the medico-legal examiner and medico
legal officer whose duties are practically the
same, the coroner has investigative and judicial
function.

ORDINARY METHODS OF IDENTIFICATION

Characteristic that may easily changed


•Growth of hair, beard or mustache
•Clothing
•Frequent place of habit
•Grade of profession
•Body ornamentations

Characteristic that may not easily changed


 Mental memory
 Speech
 Facies
 Gait – manner of walking
 left or right handedness

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 Mannerism – habit peculiar to the individual


 degree of nutrition
 Hands and feet
 Complexion

GAIT PATTERNS

Gait pattern is the series foot marks of a person


by running or walking
Note: when the distance between the center
points in two successive heel prints of the two
feet exceeds 40 inches- presumption the person
is running.

Ataxic gait- foot is raised high, thrown forward


and brought downward.
Cerebellar-a gait associated with staggering
movement
cow’s gait- swaying movement due to knock
knee. “movement of a cow”
Paretic gait- the steps are short, the feet
dragged, and the legs are more or less widely
apart.
Spastic gait- walks like a robot the legs are held
together and moves in stiff manner and the toes
to drag and catch.
Waddling gait- a gait resembling a duck.
Frog gait- hopping gait due to infantile paralysis.
Gait line- the straight line connecting the center
of the succeeding steps. It is more or less in
zigzag pattern especially when the legs are far
apart while walking.

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Foot line- the longitudinal line drawn on each


foot mark.

POINTS OF IDENTIFICATION APPLICABLE TO


BOTH LIVING AND DEAD BEFORE ONSET OF
DECOMPOSITION
 Occupational marks
 injuries leaving permanent result
 Race – Color of skin, shape of skull
 moles
 Stature
 Scars
 Teeth
 tribal marks
 Tattoo Marks
1. It may help in the identification of a person
2. it may indicate memorable events n his life
3. it implies previous commitment in prison or
membership in a gang.

METHODS OF TATTOO REMOVAL


1. Excision- involves an injection of a local
anesthetic to numb the area after which the
tattoo is removed surgically. The edges are
brought together and sutured.
2. Dermabrasion- a small portion of the tattoo is
sprayed with a solution that freezes the area. The
tattoo is then “sanded” with rotary abrasive
instrument causing the skin to peel. Because
some bleeding is likely to occur a dressing is
immediately applied to the area.

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3. laser- laser surgery is considered to be one of


the best methods of tattoo removal.
4. Salabration- a centuries old procedure using
local anesthetic applied around the tattoo area
after which a solution of ordinary tap water
dipped in table salt is applied and an abrading
apparatus such as the one used in dermabrasion
or even a simpler device is used such as a
wooded block wrapped in gauze.
 sexual organ
 Weight
 blood group
 Deformities
 Fingerprint
 Birth Marks

Facies- facial expression


 Hippocratic facies- nose pinched, temple
hallow, eyes sunken, ears cold, lips relaxed and
skin vivid. The appearance of the face is
indicative of approaching death.

Figure 6.1 Hippocratic Facies

 Mongolian Facies – almond eyes, pale


complexion, prominence of cheek bones

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Figure 6.2 Mongolian Facies

 Facies leonine a peculiar, deeply furrowed, lion


like appearance of the face. This may be
observed in leprosy, elephantiasis and leontiasis
ossia.

Figure 6.3 Leonine Facies


 Myxedemic facies – Pale, face, edematous
swelling which does not pit on pressure,
associated with dullness of intellect, slow
monotonous speech, muscular weakness and
tremor

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Figure 6.4 Myxedemic Facies

STATURE- a person ceases to increase height


after 25 years.
 The growth of a person rarely exceeds 5 cm
after the age of 18 yrs.
 The rate of growth is most active in the age of
5- 7 and 13-16 yrs. of age
 The growth of a person rarely exceeds 5 cm
after the age of 18 yrs.
 The rate of growth is most active in the age of
5- 7 and 13-16 yrs. of age

Methods of approximating the height of a


person.
 The distance between tips of the middle finger
of both hands with the arms extended laterally
and it will approximately equal to the height.
 2x the length of 1 arm + 12 inches from the
clavicle and 1.5 inches from sternum is the height
 Approximately 8 times the size of the head
equals the height of the person.
 The length of the forearm measured from the
tip of olecranon process to the tip of the middle
finger is 5/19 of the height.
 8x the length of the head is approximately equal
to the height of the person.

TATTOO MARKS- introduction of coloring


pigment in the layers of the skins by multiple
puncture

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PORTRAIT PARLE (spoken picture) is verbal,


accurate and picturesque description of the
person identified.

Light as a factor in identification


Clearest moonlight - person cannot be
recognized at greater distance of 16-17 yards
Starlight- not further than10-13 yards
Broad Daylight- a person is hardly recognized at
a distance farther than 100 yards if the person
has never been seen before.
 Person who are almost strangers may be
recognized as a distance of 25 yrds
 Flash of firearms- letter two inches high can be
read with the aid of the flash of cal.22 firearm at
the distance of 2 feet
•Dental identification- adult has 32 teeth
PD 1575- requiring the dentist to keep records of
their patients
Ambidextrous- people can use their right hand
and left hand with equal skill

Identification of the skeleton


•The oval or round shape of the skull and the less
prominent lower jaw and nasal bone are
suggestive of human remains.
•The female’s pelvic bone is wider and rounder
than the male’s to permit child-bearing.

POINTS TO CONSIDER IN THE DETERMINATION


OF AGE
•Pubic hair appear- age 13 in female and 14 in
male

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•Mustache and beard- 16-18 yrs


•Breast commences- 13-14 yrs
•Male develop low tone voice- bet. Age of 16-
18yrs
•Hair turn to gray- after 40 yrs
•Pubic hair may turn gray at the age of 50 yrs

BLOOD is the circulating tissue of the body,


which refers to a high complex mixture of cells.
Globin- a kind of protein found in the blood.
Hematin- is an organic compound of iron.
•hemoglobin found in the red blood cells is
responsible for transporting oxygen to tissues
and carbon dioxide to the lungs. The substance
responsible for the reddish color of the blood.

•Serology is a science, which deals with the study


of human body fluid, which are the result of
secretion and excretion.

•Plasma the liquid portion of the blood that


contains, in the suspension, the blood cells and
platelets along with the water, glucose, protein
and other chemical compounds.
•The normal amount of hemoglobin for an adult
is 14 to 17 grams for each 100 cc of blood.

PHYSICAL TEST FOR BLOOD

PHYSICAL EXAMINATION
•Solubility Test – recent blood shed is soluble in
saline solution and imparts a bright red color

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•Heat Test – solution of the blood stain when


heated will impart a muddy precipitate.
•Luminescene Test – stains on dark fabric mixed
with mud, paint, etc. emit bluish white
luminescene in a dark room when sprayed with
solution
•Thrombocytes- components of the solid part of
the blood that assists in the clotting process, they
are commonly called platelets.
•Agglutination- the joining or clumping of
antigen-bearing red blood cells and the
antibodies specific to that antigen.
•Antigen- in blood are inherited from substances
on the red blood which are responsible for
eliciting a blood group reaction to specific
antibodies.
•Erythrocytes (red blood cells) –they carry the
supply of oxygen throughout the body.
•Leukocytes- they serve as the fighting
mechanism of the body against unwanted foreign
microorganism e.g virus and bacteria

Figure 6.5 Blood cells

•Blood examination

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PRELIMINARY TEST - determine whether the


stain contains blood or another substance.
Determines whether visible stains do or do not
contain blood. It is used to demonstrate the
presence of blood.
CONFIRMATORY TEST - determines whether
bloodstain really contains blood. Test that
positively identifies blood.
PRECIPITIN TEST- determines whether blood is a
human or non-human origin, and if non-human,
the specific animal family from which it
originated.

BLOOD GROUPING TEST - determines the blood


group of human

CHEMICAL EXAMINATIONS
1.Saline extract of the bloodstain plus ammonia
will give a brownish tinge due to the formation of
alkaline hematin.
2.Benzidine test – positive result color blue
(1:300,000 dilution) This is an extremely sensitive
test that can be applied to minute stain. The
Benzidine test never fails to detect blood even
when very old, decomposed stain with all shorts
of contamination is examined.
3.Guaiacum Test (Van Deen’s Dya’s or
Schombein’s Test) – positive result color blue
(1:50,000 dilution) The test also reacts with
saliva, pus, bile, milk, rust, iron salts, cheese,
gluten, potatoes, perspiration and other oxidizing
substances.

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4.Phenolphthalein Test (Kastle -Meyer Test) –


positive result will show pink color (1:80,000
dilution) This is an alternative test to benzidine
test. It can detect blood in a dilution of A positive
results with this test is highly indicative of blood.
The negative result is, therefore, valuable and is
conclusive as to the absence of blood.
5.Leucomlachite Green Test by Adler in 1904 –
positive result will peacock blue or bluish green

Micro chemical tests for blood


 Hemochromogen Crystal or Takayama Test –
positive result will show salmon color to dark
brown and pink

Figure 6.6 Positive Takayama Test Results

 Teichmann’s or Hemin Crystal Test

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Figure 6.6 PositiveTeichmann’s Test Results

Acetone hemin of Wagenhaar Test - positive


result will show small dark, dichroic acicular
crystal of acetone haemin are seen.

Grouping test for blood


 These are based on the ability of blood serum of
one person to clump or bring together the red
blood cells of certain individuals.
 If a suspension of human red cells is mixed with
its own serum, or the serum of similar group, the
cells remain even. But if they mixed with the
serum of another group, the cells clump or
agglutinate
 This process is called AGGLUTINATION, which
was first observed by Karl Landsteiner in 1900.
This was explained on the basis that the red
blood cells (RBC) contain an antigen or
Agglutinogen, and that the serum contains
antibodies or agglutinins (ablution-elution
technique.)

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Figure 6.7 Agglutination of blood

Spurious children- Illegitimate who are not


natural are considered spurious children may be
 Adulterous Children – conceived in an act of
adultery or concubinage.
 Sacrilegious Children – children born of
parents who have been ordained in sacris.
 Incestuous Children – children born by
parents who are legally incapable of contracting
valid marriage because of their blood relations as
marriage between brothers and sisters, father
and daughter, etc.
 Manceres – children conceived by
prostitute. It is very difficult to determine the
father because of the nature of the work.

THE HAIR
 Cuticle – outer layer of the hair
 Cortex/Middle Layer – consist of longitudinal
fibers bearing the pigment
 Medulla/Core – contains air bubbles and some
pigments

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Figure 6.8 Layers of Hair

SEMEN AND SEMINAL STAINS


 Semen fresh is a viscid, gelatinous, sticky,
whitish fluid, which has a fish-like odor and is
slightly alkaline. It is ejaculated by male species.
It appears grayish-white in color.
 The seminal fluid contains certain substance
called flavins which help give a yellowish color to
semen and cause it to fluoresce under ultra violet
lights.
Normal quantity of seminal fluid in a single
ejaculated is from 2.5 – 5 cubic centimeters.(cc)

Types of Examination Conducted for Semen and


Seminal Stains:
A. Physical Examination It is also visible to the
ultra violet rays and it exhibit bright bluish
fluorescence.
B. Microscopic Examination – to detect the
presence of spermatozoa
The only specific test for semen is the
identification of a sperm cell under the
microscope.

The presence of sperm cells proves that the stain


is of semen. However, with the absence of sperm
cells it cannot be concluded that the stain is not
of seminal origin. These are some conditions
which may be lead to non detection of semen,
like

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AZOOSPERMIA, a disorder produced by male


organ which produces semen without sperm cells
and
OLIGOSPERPIA, a semen with a very few sperm
cell.
ASPERMIA- Complete lack of semen.
a. Florence test – it has the characteristics and a
formation of choline Periodide crystals are
observed under the microscope.
b. Barberio test – it appears as slender yellow-
tinted rhomboid needles with obtuse angles
almost the same the Florence test result.
c. Acid phosphates test – is an enzymes found in
both animal and plant cells, but in large
concenttion of human cells.
d. P30 test- a test conducted using a protein
called P30.

MEDICO-LEGAL ASPECTS OF DEATH


- termination of life. It is a complete cessation of
all vital functions without possibility of
resuscitation and it is irreversible loss of the
properties of living matter.
Dying – is a continuing process of cessation of
organs and cells

TYPES OF DEATH
•Brain death - death occurs when there is deep
irreversible comma, absences of electrical brain
activity and complete absence of all vital function
of body without the possibility of resuscitation

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•Cardio-respiratory death - death occurs when


there is a continuous and persistent cessation of
heart action and respiration.
•Biological death- type of death characterized by
the absence of cognitive function or awareness,
although artificial support system may maintain
organs functioning.
•Physiologic Death- type of death when all vital
organs ceases to function.
•Molecular or Cellular Death – cessation of life
of the individual cell in the body which occurs
one at a time after somatic death. The death of
the individual cell within 3-6 hours
•SOMATIC OR CLINICAL DEATH – there is
complete, persistent and continous cessation of
the vital functions of the brain, heart and lungs
which maintains life and health.
•APPARENT DEATH/ STATE OF SUSPENDED
ANIMATION-not really death but merely a
transient loss of consciousness or temporary
cessation of the vital functions of the body on
account of a disease, external stimuli or other
forms of influence. Usually seen in newly born
infants, with diseases such as catalepsy, uremia
and hysteria.

SIGNS OF DEATH

CESSATION OF HEART ACTION AND


CIRCULATION - there must be entire and
continuous cessation of the heart action and flow
of blood in the whole vascular system.

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General rules – no heart action for 5 min death is


regarded as certain.

Methods of Detecting the Cessation of heart


Action and Circulation:

EXAMINATION OF HEART
 Palpation of the heart
 Auscultation for heart sound at the precordial
area
 Icard’s test – by application of injection of a
solution of fluorescence subcutaneously. If dead
man, the solution will just remain at the site of
injection.
 Pressure in fingernails – pressure is applied on
the fingernails intermittently. There will be a
zone of paleness at the site of application of
pressure which becomes livid on release.
 Diaphanous test – fingers are spread wide and
finger webs are viewed through a strong light.
Finger webs are red, if living and yellow if dead.
 Magnus test- a ligature is applied in the finger
with moderate tightness.
 Application of heat on the skin – a dead man, it
will not produce true bluster and there is no sign
of congestion, or vital reaction and in living
person there are bluster reaction and other vital
part will be injured.
 Palpation of radial pulse – palpation of radial
artery with the finger and absence of pulsation
area will observe as dead man.

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Figure 6.9 Radial Pulse

CESSATION OF RESPIRATION -cessation of


respiration in order to be considered as a sign of
death must be continuous and persistent.
 note: A person can hold his breath for a period
not longer than of 3 1/2minutes
 Method of Detecting Cessation of Respiration
 Expose the chest and abdomen and observe the
movement during inspiration and expiration.
 Examine the person with the aid of stethoscope.
 Examination with a mirror - a cold-looking glass
is held in front of the mouth and nostrils.
 Examination with a feather or cotton fibbers -
living, if the feather or cotton will move, without
intervention or external air.
 Examination with glass of water - places glass
half water at the region of the chest. If the
surface of water will move, respirations take in
place.
 Winslow’s test - if there is no movement of
image formed from by using artificial light or

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sunlight on a water or mercury in a saucer placed


on the chest or abdomen

POST-MORTEM COOLING OF THE BODY (ALGOR


MORTIS)
 the cooling of the body
after death at approximately 1.5 degrees F/ hr.
under normal conditions and assuming the
body’s temperature at death is 98.6 F (37 C)
 The rate of cooling
depends on certain conditions such as the
gender, age, weight, clothing and humidity of the
place.
 Note: if the temperature
of the body falls under 20 0F, death is presumed.

POST MORTEM RIGIDITY


•3 to 6 hours after death the muscles gradually
stiffen. It usually starts at the muscles of the neck
and lower jaw and spreads downwards to the
chest, arms, and lower limbs.

Factors simulating post mortem rigidity


•Heat stiffening- stiffening of the muscles due to
coagulation of muscle proteins when exposed to
intense heat usually in more than 75 degrees
Celsius which will coagulate muscle proteins.
•Cold stiffening- hardening of muscles due to
solidification of fats when exposed to extremely
low temperature.
•Cadaveric spasm or instantaneous rigor-
instant stiffening of certain muscles perhaps due

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to extreme nervous tension associated with


violent death.

Figure 6.10 Cadaveric Spasm

POST MORTEM LIVIDITY


•Livor mortis- discoloration of the body; setting
of blood in the dependent regions following
death.
•Starts in about 20-30 and becomes fixed in
approx. 12 hrs.

Two types of lividity (stages)


•Hypostatic- blood is still in fluid form inside the
blood vessels. It changes as the position of the
body change.
•Blood remains fluid in the body in about 6-8 hrs.
•Diffusion lividity- fixed or permanent
discoloration due to coagulated blood inside the
blood vessels or has diffused to different parts of
the body.

Post mortem caloricity- is the rise of


temperature of the body after death due to rapid

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and early putrefactive changes or some internal


changes. Usually observed in the first 2 hours
after death.

CHANGES IN THE EYES


•Loss of corneal and light reflex- the cornea will
not respond to the light stimulus
•Haziness or clouding of the cornea- a whte
patch may be seen at the cornea when the eyes
are exposed to dry atmosphere after death.
•Fixation of the Pupil- the pupil will be fixed and
diluted and assume a middle position in the eye.
•Flaccidity of the eyeball-inter-ocular tension
falls to zero because of less muscle tone
•Tache noir sclerotique- (spot in the sclera)-
described by Sommer in 1833 in a brownish
triangular spot in the sclera.

Stage of primary Flaccidity – immediately after


death, there is complete relaxation and softening
of all muscles of the body. The extremities may
be reflexed, the lower jaw falls, the eyeball loses
its tensions and there may be inconsistencies of
urination and defecation. This stage usually last
about 3-6 hours after death. In warm countries,
the average duration is only 1 hour and 51
minutes. (Mackenzie cited by Modi, p.122)

STAGE OF SECONDARY FLACCIDITY OR


SECONDARY RELAXATION

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After the disappearance of rigor mortis, the


muscles become soft and flaccid. It does not
respond to mechanical and electrical stimulus.

Putrefaction
 breaking down of the complex protein into
simpler component
 -the dissolution of tissue by its enzymes and
bacteria that result to softening and liquefaction,
usually accompanied with liberation of putrid
gases and change of color of tissues, appears on
the 2nd day.
 Decomposition - the action of bacteria on the
dead body. gases: ammonia, co2, methane,
phosphorus, merceptans- offensive odor
 Temperature for specific decomposition is 70 oC
to 100 oC
 Tropical countries decomposition set in 24-48
hrs after death.

FACTORS INFLUENCING DECOMPOSITION

INTERNAL FACTORS
1.Body temperature - warm temperature is
conducive to decomposition
2.Condition of the body – robust or stout bodies
has faster putrefaction than thin ones.

EXTERNAL FACTORS
1.Air & moisture – sufficient air and moisture
enhance putrefaction

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2.Condition of type of soil – moist fertile soil


enhance putrefaction
3.Presence of water
4.Clothing - prevents or delays putrefaction
because it protects the body from ravages of flies
and other insects
5.Effect of coffin – delayed especially if it is
airtight
6.Depth of burial – the deeper, the more delayed
7.Mass grave – faster putrefaction if 2 or more
dead bodies are placed

SAPONIFICATION /ADIPOCERE FORMATION


formation of soft, greasy substance in the soft,
fatty tissues of the body after death formed by
the hydrolysis and hydrogenation of body fats.

MACERATION
softening of tissues due to the action of autolytic
and proteolytic enzymes in the absence of
bacteria.
-frequently observed in the death of the fetus in
the uterus

Marbolization – prominence of the superficial


veins with reddish discoloration during the
process of decomposition.
 Stage of digestion of food
 Normally 3-4 hrs for the stomach to evacuate its
contents after meals
 Size of the last meal- stomach usually starts to
empty within 10 min. after the first mouthful has
entered.

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 Presence of live fleas in the clothing in drowning


cases.
 Flea can survive for approximately 24 hrs
submerged in water, if more than that period no
longer can revived.
 If the fleas still move, then the body has been in
water for a period less than 24 hrs

Presumption of Death
 Disputable presumption – the person is not
heard for 7 years
 if for purpose of succession – 10 years
 Disappeared after the age of 75 years old – 5
years
 The ff. shall be presumed dead for all purpose
 A person on board a vessel lost during a sea
voyage, or an airplane which is missing, who has
not been heard of for 4 years since the loss of the
vessel or airplane
 A person in the Armed Forces who takes part in
war and has been missing for 4 years.
 A person who has been in danger of death
under circumstances and his existence has not
been known for 4 years.

Presumption of Survivorship (Sec.5(jj) Rule 131


Rules of Court
 if both were under the age of 15 years, the
older is presumed to survived
 If both were above the age of 60, the younger is
presumed to survived.

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 If one is under 15 and the other is above 60, the


former is presumed to survived
 If both be over 15 and under 60, and the sexes,
the male is presumed, if sexes be the same, then
the older
 If one be under 15 or over sixty, and the other
between those ages, the latter is presumed to
survived.

AUTOPSY – comprehensive study of a dead body,


performed by a trained physician employing
recognized dissection procedure and technique.
It includes removal and tissues for further
examination.

Post mortem examination – refers to external


examination of a dead body without incision
being made, although blood and other body
fluids may be collected for further examination is
conducted.

TWO KINDS OF AUTOPSY

A. Hospital or Non-official autopsy – done w/ the


consent of the deceased person’s relative for the
purpose of
1.) determining cause of death
2.) provide correlation of clinical diagnosis and
clinical symptoms;
3.) determining the effectiveness of therapy
4.) studying the natural course of disease
process 5.) educating students and physicians.

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B. Medico legal or Official Autopsy –


examination performed on a dead body for the
purpose of
1.) determining cause, manner and time of death
2.) recovering, identifying and preserving
evidentiary materials
3.) providing interpretation and correlation of
facts and circumstances relating to death.

Cause of Death
1.Immediate (Primary) cause of death – applies
to cases when trauma or disease kill quickly that
thre is no opportunity for sequel or complication
to develop.
2.Proximate (Secondary) cause of death – injury
or disease was survived for a sufficiently
prolonged interval wc permitted the devlopment
of serious sequel or complication to develop.

Pathological classification of death


 Death of syncope- loss of consciousness, fall of
blood pressure cardiac standstill cerebral
metabolism hyperventilation cardiac disease
tussive syncope, hysterical syncope.
 Death of asphyxia- respiratory obstruction and
circulatory arrest, inhalation of obnoxious gases
and fumes, drowning and electric shock
compression of the neck and strangulation,
compression of the chest and asphyxia in brain
injury.
 Death of coma- profound stupor in sickness or
after severe injury.

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DISPOSAL OF DEAD BODIES


Embalming – is an artificial way of preserving the
body after death by injecting 6 to 8 quarts of
antiseptic solutions of formalin, per chloride of
mercury or arsenic.
Burial or Inhumation – the body must be buried
within forty-eight hours after death. (Sec. 1092
Revised Adm. Code) (1-1 ½ meters depth of
grave)
 If the person died w/ communicable disease, it
shall be buried within 12 hours
 Disposing of the Dead body in the sea – dead
body thrown over board in an open sea provided
that the deceased is not suffering from
dangerous communicable disease. (Sec. 1095
Revised Adm. Code)
 Cremation – is the pulverization of the body
into ashes by the application of heat.
 Use of the body for scientific purposes (Sec. 97
P.D. 856 Code of Sanitation) & (Sec. 1107 RAC.)

DONATION OF PARTS OF HUMAN BODY


Permission to use human organ or portion of
human body for medical for medical or scientific
purposes under certain conditions. (R.A. No. 349
as amended by R.A. 1056)

PERIOD OF EXHUMATION
 The DECEASED buried may be raised or
disinterred upon the lawful order of the proper
authorities and the body is exhumed for the

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purpose of performing post-mortem


examination.
 If the person died with communicable disease,
he can only be exhumed after 5 of years
interment.
 If the person died with incommunicable disease,
he can only be exhumed 3 years after interment.
 A burial ground shall at least 25 meters distant
from any dwelling place and no house shall be
constructed within the same distance from any
burials ground
 No burial ground shall be located within 50
meters from any source of water supply

Starvation – deprivation of a regular and


constant supply of food and water which is
necessary to normal health of a person

LENGTH OF SURVIVAL
 Human body without food loses 1/24th of its
weight daily
 Loss of 40% of weight result to death
 Without food and water, person cannot
survived fir more than 10 days
 With water, person can survived without food
for 50-60 days.

Physical Injuries - effects of the application of


stimulus to the body

The effect may only be apparent when the


stimulus applied is insufficient to cause injury and

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body resistance is great. It may be real when the


effect is visible.

 Kinetic energy – in as much as kinetic energy is


based on the mass and velocity factors and that
the velocity is squared, the velocity component is
the important factor KE=MV(2)/2
 Time – the shorter the time needed for the
transfer of energy, the greater the likelihood of
producing damage.
 Area of transfer – the larger the area of contact
between the force applied on the body, the
lesser is the damage to the body. By applying an
equal force, damage caused by stabbing is
greater compared to a blunt instrument

CAUSES OF PHYSICAL INJURIES


 Physical Violence
 chemical energy
 Heat or cold
 electrical energy

VITAL REACTIONS
sum total of all reactions of tissue or organ to
trauma/injury/wound.

•Rubor – redness or congestion of the area due


to an increase of blood supply as part of the
reperative mechanism .
•Calor – sensation of heat or increase in
temperature

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•Dolor – pain on account of the involvement of


sensory nerve.
•Loss of function – on account of trauma, the
tissue may not be able to function normally.

LEGAL CLASSIFICATIONS OF WOUND


 Mutilation (Art. 262 RPC) – is the act of looping
cutting off any part or parts of the living body.
 Serious physical injuries (Art 263 RPC)- injury
that will incapacitate the subject for more than
90 days or Deformity – is a condition of physical
ugliness.
 Less Serious physical injuries (Art. 265 RPC)-
Injury that will require medical attendance for 10
days or more but not more than 30 days
 Slight physical injuries and maltreatment (Art.
266 RPC) - Injury that will incapacitate subject
and require medical attendance from 1 to 9 days
 Physical injuries inflicted in a tumultuous affray
(Art. 252)

INJURIES AS TO THE SITE OF APPLICATION OF


FORCE AND TO THE LOCATION OF THE WOUND
Coup injury – P.I. located at the site of
application of of force.
Contre coup injury – P.I. found opposite the site
of application of force
Coup contre coup injury – P.I. located at the site
of the application and also at the opposite

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Locus minoris resistencia – P.I. not at the site of


application but in the some areas offering least
resistance to the force applied
Extensive Injury – physical injury involving a
great area of the body beyond the site of the
application of force.

CLASSIFICATION OF WOUNDS AS TO SEVERITY


Mortal wound – wound which is caused
immediately after infliction or shortly there after
that is capable of causing death
Non-mortal wound – wound which is not capable
of producing death immediately after infliction or
shortly there after.

WOUND AS TO THE INSTRUMENT USED


Incised wound – sharp edge instrument. It is
longer as much as it is deeper.
Stab wound – sharp pointed and sharp edge
instrument. It is deeper as much as it is longer.
Lacerated wound – caused by blunt instrument

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Figure 6.11 Laceration

Barotrauma – brought about by change of


atmospheric pressure. Note: normal atmospheric
pressure is about 760 mm/Hg
Shrapnel wound - brought by chemical
explosion.
Abrasion wound - caused by superficial damage
to the skin, no deeper than the epidermis.

FORMS OF ABRASION
 Linear abrasion- there is singe line which may
be curved or straight.
 Multi Linear abrasion- several lines of injuries
which are parallel to one another.
 Confluent abrasion the lines of injury are
arranged in haphazardly manner.

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 Multiple abrasion- abrasion in the body surface


located in different parts of the body.

Other types of wounds


 Contusion- wound in the skin and subcutaneous
tissue characterized by swelling and discoloration
of tissues.
 Hematoma- extravasation of blood in a newly
formed cavity secondary to trauma characterized
by swelling, discoloration of tissues swelling and
effusion pf blood underneath the tissues.
 Penetrating wound- wound wherein the
instrument pierces a solid organ as well as the
inner structure of the body.
 Perforating wound- there is communication
between the outer and inner portions of a hallow
organ.
 Subluxation incomplete or partial dislocation

MUSCULO-SKELETAL INJURY
Sprain –partial or complete disruption of a
muscular ligamentous support of a joint
Dislocation- displacement of articular bone
resulting from violence
Fracture- solution of continuity of bone resulting
from violence or some existing pathology.
Strain over stretching
Subluxation -incomplete or partial dislocation

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Figure 6.12 SPRAIN VS STRAIN

INJURIES CAUSED BY EXPOSURE TO EXTREME


TEMPERATURES
Frostbite- exposure of certain parts of the body
to cold temperature causing cold stiffening,
necrosis, gangrene and pallor.
Trench foot- condtition usually seen among those
seen walking over the snow wherein the feet is
exposed to extreme cold.
Immersion foot- the foot is submerged in cold
freezing liquid

STAGES OF ASPHYXIAL DEATH

Dyspneic stage- due to lack of oxygen and


retention of carbon dioxide, breathing becomes
rapid and deep. Blood pressure is elevated and
pulse rate increased.
Convulsive stage- retention of carbon dioxide
sstimulates the central nervous system. Eyes
become starring and pupils dilated.

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Apneic stage- there is paralysis of the respiratory


center. The breathing becomes shallow, slow and
gasping. The victim dies of heart failure.

TYPES OF ASPHYXIA

 Anoxic death- associated with the failure of the


arterial blood to become normally saturated with
oxygen
 Anemic anoxic death- due to a decreased
capacity of the blood to carry oxygen
 Stagnant anoxic death- brought about by the
failure of circulation
 Histotoxic anoxic death- due to the failure of
cellular oxidative process. Or the failure of the
utilization of oxygen

OTHER FORMS OF ASPHYXIAL DEATH


Manual strangulation or throttling- form of
strangulation whereby hands are used.
Palmar strangulation- palms of the hands are
used in applying force in the neck to obstruct the
passage or airway.
Garroting- form of strangulation wherein a metal
collar or strap is placed around the neck and
tightened to compress the neck.

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Figure 6.13 Garrote Chair


Mugging- the assailant stands at the back of the
victim and the forearm is applied in front of the
neck.
Burking- invented by Burke wherein the assailant
will stand or kneel at the chest of the victim then
cover the nostrils.

Figure 6.14 Burking

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Smothering- closing of external respiratory


orifices.
Gagging- application of materials usually
handkerchiefs and clothing in the mouth or
nostrils.
Overlaying- most common accidental smotheing
in children suffocated either from beddings or
pillows

ASPHYXIA BY DROWNING
 Cutis anserina- also known as gooseflesh, pale
puckered and contracted skin due to contraction
of erector pili muscles.
 Champignon de ocume- a whitish form which
accumulates at the nostrils and mouth which
increases in amount when pressure on the chest
increases.
 Washer woman’s hands and feet- bleached and
corrugated.

GLASS EVIDENCE

What is a glass?
Glass is a super cooled liquid that possess high
viscosity and rigidity. It is a non-crystalline
inorganic substance.
Glass is usually composed of oxides like SiO2
(silica), B2O3 (boric oxide), phosphorus pentoxide
(P2O5). For commercial use silica is the most
important oxide. It is the base of commercial

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glasses. It is made of silica sand and other


metallic oxide

ANALYSIS/TEST FOR GLASS


1.spectrographic test – an instrumental method
of analysis that determines the presence of trace
element. Shows the constituent elements of a
glass. It will not give sufficient information to
establish the origin of the samples examined. A
rapid examination and an adequate method for
glass analysis since it requires only a small
amount of sample.
2.x-ray diffraction analysis – not as effective as
the spectrographic analysis. Determines the type
of pattern of glass. The type of pattern depends
upon the composition of glass.
3.physical properties examination – the most
sensitive method of determining differences of
composition in glass samples and it depends
upon the study of the physical properties of glass.
Properties like specific gravity or density,
refractive index.
4.ultraviolet light examination – determines the
differences in the appearance of their
fluorescence thus indication of physical and
chemical differences.
5.polish marks – optical glass and other fine
glassware are usually polished. In the polishing
of glass fine marks are often left on the surface
that can sometimes serve as a basis of
comparison.

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How does a glass break?


When the blow strikes the glass on one of its
surface, the front for example. The glass first
bends a little owing to its elasticity. When the
limit of elasticity if reached the glass breaks along
radial lines starting from the point where the
destroying force is applied originating form the
opposite surface of the glass, because this is the
portion or surface which is more subjected to
stretching by bending. The front surface is only
pushed. While the radial fractures are taking
place the newly created glass triangle between
the radial rays also bend away from the direction
of the destroying force. By this bending the glass
is stretched along the front surface and when the
limit of elasticity is reached the glass breaks in
concentric cracks. These originate on the front of
the glass because of stretching.

Figure 6.15 Radial and Concentric Fracture

The Principle of 3Rs Rule for Radial Crack

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3Rs Rule – “Stress lines on a radial crack will be at


right angle to the rear side of the glass.”
The front side is referred to as the side that was
struck.

The Principle of RFC Rule for Concentric Crack


RFC Rule – “Stress lines on a concentric crack will
be at right angle to the front side” that is the side
from which the blow came, rather than the rear
side

Figure 6.16 3R Rule

X```MEDICO LEGAL ASPECTS OF SEXUAL CRIMES


Defloration – is the laceration or rupture of the
hymen as a result of sexual intercourse.
Pregnancy – is a state of a woman who has
within her body the going product of conception.
Delivery -is the process by which in a woman
gives birth to her offspring.

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Puerperium – is the interval between the


termination of labor (delivery) to the complete
return of the reproductive organ its normal
pregnant state-last from 6 to 8 weeks.

The Good Bacteria found in the vagina is called


Vaginal Flora or vaginal microbiota. More
popularly known as Doderlein Bacilli which was
discovered by Albert Doderlein.

Fourchette- the v-shaped structure formed by


the anion of labia majora posturing and vaginal
orifice.

SEXUAL DEVIATIONS
•Homosexual – sexual desire towards the same
sex
•Infantosexual – sexual desire towards an
immature person (pedophilia)
•Gerontophilia – sexual desire to old person
•Bestosexual – sexual desire towards animal
(zoophilia)
•Autosexual - form of self-abuse or solitary vice
(masturbation
•Necrophilia – sexual perversion with a corpse
•Incest – sexual relation between relatives
•Satyriasis – excessive sexual desire of men
•Nymphomania – excessive sexual desire of
women
•Sexual anesthesia – absence of sexual desire or
arousal during sexual act of women (arousal
insufficiency)

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•Fellatio – female receives the penis of a man


into her mouth
•Cunnlingus – sexual gratification by licking or
sucking female genitalia
•Anilism – sexual desire by licking the anus of
another by either sex
•Flaggellation - a sexual deviation associated
specifically with the act of whipping or being
whipped
•Sadism – infliction of pain on another for sexual
enjoyment
•Masochsim – pain and humiliation from the
opposite sex is the primary factor for sexual
gratification.
•Ospresiophilia – fetish whose stimulus is
pleasant odor or foul odor for sexual satisfaction
•Urolagnia – sexual deviation by seeing women
urinating
•Coprolalnia – sexual deviation by seeing women
defecate
•Fetishism – real or imaginary fantasied presence
of an object or bodily part is necessary for sexual
stimulation
•Mysophilia – A sexual dependency on
something soiled or filthy, usually a kind of
undergarment after use.
•Pygmalionism – sexual deviation whereby a
person has sexual desire for statutes
•Mannikinism – sexual desire for mannikins
•Narcissism – sexual gratification is attained by
looking at the mirror and appreciating one self

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•negative fetish – the marked dislike for things


like eyeglasses, beard, hair cut as the sole
stimulus for gratification
•Saboteur fetish – a deviate does damage while
he gets satisfaction like cutting clothes or hair
•Vampirism – sexual satisfaction at the sight of
blood
•Sodomy – sexual act through the anus of
another person
•Uranism – sexual satisfaction is attained by
fingering, fondling with the breast, licking parts of
the body etc.
•Frottage – by rubbing his sex organ against
some part of the body of another
•Partialism – person has special affinity to
certain parts of the female body
•Voyeurism - by seeing a person undress
“peeping tom”
•Mixoscopia (scoptophilia) – watching the
couple undress or during their sexual intimacies
•Troilism – three person participate in a sexual
orgies
•Pluralism – group of person in sexual orgies
•Coprolalia – use of obscene language to satisfy
sexual gratification
•Don juanism – making seduction of many
women as a part of his career. Characterized by
promiscuity.
•Exhibitionism – willful exposure in the public
places of one’s genital organ
•Transvestism – by wearing opposite apparel.
Women/ male wear opposite dress
SOME TERMS TO REMEMBER

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Nemo Morituros Praesumitur Mentiri - a dying


person is not presumed to lie.
Fortunato Fedele - an Italian physician who in
1602 published the first book on forensic
medicine.
Bologna, Italy - where the first medico-legal
autopsy was done
The Rule of Haase - is used to estimate age of
fetus.The length of the fetus in cm. divided by
five, is the duration of pregnancy in months.
Carrion - decaying animal flesh.
Dipsomania - an irresistible desire for alcoholic
drinks at periodic intervals.
Coffin Birth - (post Morten fetal extrusion) - is the
expulsion of a non viable fetus though the vaginal
opening of the decomposing body of a pregnant
woman as a result of the increasing pressure of
the intra abdominal gases. Epistaxis -
hemorrhage from the nose, nosebleed.
Gangrene - death of tissue due to lack of blood
supply.
Necrophagia - necros - corpse, phagia - to eat.
Necrophilous - Having a dietary fondness for
dead flesh Priapism - painful penile erection in
absence of sexual desire.
Tachycardia - Rapid heartbeat (typically greater
than 100 beats per minute).
Tachypnea - Rapid breathing.

NOTABLE PERSONS TO REMEMBER


Edmond Locard - Considered the father of the
crime laboratory.

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Walker Mc Crone - Considered the father of


microscopic forensics.
Hans Gross - Considered the father of forensic
publications.
Albert Osborne - The Father of Document
Examination. Leone Lattes - The Father of
Bloodstain Identification.
Alphonse Bertillon - The Father of
Anthropometry.
Mathiew Orfila - The father of Toxicology.

INTRODUCTION TO
CYBERCRIME AND
ENVIRONMENTAL LAWS

PART 1: CYBERCRIME INVESTIGATION

CYBERCRIME ( Computer Crime) – the use of a


computer as an instrument to further illegal
ends.

Typologies of Cyber Crimes:

1. Cyber Dependent Crimes- crimes that can only


be committed through computer, computer
networks, or other for of ICT.
Example:
 Hacking
 Malware
 DoS Attacks

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2. Cyber Enabled Crimes- are traditional crimes


that are increased in their scale or reach by the
use of computers, computer networks or other
ICT.
Example:
 Child Pornography
 Cyber Stalking
 Criminal Copyright infringement

3. Cyber Assisted Crimes- crimes in which the use


of computer in an incidental aspects of the
commission of the crime but may afford
evidence of the crime.
Example:
 Address found in the computer of the murder
suspect, or records of messages sent between
the victim and the suspect before the homicide.

Types of Cybercrimes Based on the Criminal


Activity made through the use of computers:
1. Cyber-trespass- crimes that involve crossing or
violating boundaries of other people digitally.
Example: hacking; accessing data without
consent.

2. Cyber-Deception and Theft- involves offenses


such as online fraud and IP theft

3. Cyber-Porn and Obscenity- involves the


exploitation of children and distribution of porn
materials through the internet.

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4. Cyber-Violence- refers to the kind of


emotional violence that can be enacted online
such as bullying or harassment.

REPUBLIC ACT NO. 10175


"Cybercrime Prevention Act of 2012″
 Approved: SEP 12 2012
AN ACT DEFINING CYBERCRIME, PROVIDING FOR
THE PREVENTION, INVESTIGATION, SUPPRESSION
AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES

Section 4. Cybercrime Offenses.

(a) 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

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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.

(i) The use, production, sale, procurement,


importation, distribution, or otherwise making
available, without right, of:

(aa) A device, including a computer program,


designed or adapted primarily for the purpose
of committing any of the offenses under this
Act; or

(bb) 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.

(ii) The possession of an item referred to in


paragraphs 5(i)(aa) or (bb) above with intent

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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:

(i) Similar, identical, or confusingly similar to


an existing trademark registered with the
appropriate government agency at the time of
the domain name registration:

(ii) Identical or in any way similar with the


name of a person other than the registrant, in
case of a personal name; and

(iii) Acquired without right or with intellectual


property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery

(i) 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

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(ii) 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.

(c) Content-related Offenses:

(1) Cybersex. — The willful 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.

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(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. 9775.1âwphi1

(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:

(i) There is prior affirmative consent from


the recipient; or

(ii) The primary intent of the


communication is for service and/or
administrative announcements from the
sender to its existing users, subscribers or
customers; or

(iii) The following conditions are present:

(aa) 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;

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(bb) The commercial electronic


communication does not purposely disguise
the source of the electronic message; and

(cc) 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.

(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.

Section 5. Other Offenses


(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.

Section 6. All crimes defined and penalized by the


Revised Penal Code, as amended, and special
laws, if committed by, through and with the use
of information and communications technologies
shall be covered by the relevant provisions of this

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Act: Provided, That the penalty to be imposed


shall be one (1) degree higher than that provided
for by the Revised Penal Code, as amended, and
special laws, as the case may be.

Section 7. Liability under Other Laws. — A


prosecution under this Act shall be without
prejudice to any liability for violation of any
provision of the Revised Penal Code, as amended,
or special laws.

ENFORCEMENT AND IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The


National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be
responsible for the efficient and effective law
enforcement of the provisions of this Act. The
NBI and the PNP shall organize a cybercrime unit
or center manned by special investigators to
exclusively handle cases involving violations of
this Act.

Section 11. Duties of Law Enforcement


Authorities. — To ensure that the technical
nature of cybercrime and its prevention is given
focus and considering the procedures involved
for international cooperation, law enforcement
authorities specifically the computer or
technology crime divisions or units responsible
for the investigation of cybercrimes are required
to submit timely and regular reports including

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pre-operation, post-operation and investigation


results and such other documents as may be
required to the Department of Justice (DOJ) for
review and monitoring.

Section 12. Real-Time Collection of Traffic Data.


— Law enforcement authorities, with due cause,
shall be authorized to collect or record by
technical or electronic means traffic data in real-
time associated with specified communications
transmitted by means of a computer system.

Traffic data refer only to the communication’s


origin, destination, route, time, date, size,
duration, or type of underlying service, but not
content, nor identities.

All other data to be collected or seized or


disclosed will require a court warrant.

Service providers are required to cooperate and


assist law enforcement authorities in the
collection or recording of the above-stated
information.

The court warrant required under this section


shall only be issued or granted upon written
application and the examination under oath or
affirmation of the applicant and the witnesses he
may produce and the showing: (1) that there are
reasonable grounds to believe that any of the
crimes enumerated hereinabove has been
committed, or is being committed, or is about to

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be committed: (2) that there are reasonable


grounds to believe that evidence that will be
obtained is essential to the conviction of any
person for, or to the solution of, or to the
prevention of, any such crimes; and (3) that there
are no other means readily available for
obtaining such evidence.

Section 13. Preservation of Computer Data. —


The integrity of traffic data and subscriber
information relating to communication services
provided by a service provider shall be preserved
for a minimum period of six (6) months from the
date of the transaction. Content data shall be
similarly preserved for six (6) months from the
date of receipt of the order from law
enforcement authorities requiring its
preservation.

Law enforcement authorities may order a one-


time extension for another six (6) months:
Provided, That once computer data preserved,
transmitted or stored by a service provider is
used as evidence in a case, the mere furnishing to
such service provider of the transmittal
document to the Office of the Prosecutor shall be
deemed a notification to preserve the computer
data until the termination of the case.

The service provider ordered to preserve


computer data shall keep confidential the order
and its compliance.

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Section 14. Disclosure of Computer Data. — Law


enforcement authorities, upon securing a court
warrant, shall issue an order requiring any person
or service provider to disclose or submit
subscriber’s information, traffic data or relevant
data in his/its possession or control within
seventy-two (72) hours from receipt of the order
in relation to a valid complaint officially docketed
and assigned for investigation and the disclosure
is necessary and relevant for the purpose of
investigation.

Section 15. Search, Seizure and Examination of


Computer Data. — Where a search and seizure
warrant is properly issued, the law enforcement
authorities shall likewise have the following
powers and duties.

Within the time period specified in the warrant,


to conduct interception, as defined in this Act,
and:

(a) To secure a computer system or a computer


data storage medium;
(b) To make and retain a copy of those
computer data secured;
(c) To maintain the integrity of the relevant
stored computer data;
(d) To conduct forensic analysis or examination
of the computer data storage medium; and
(e) To render inaccessible or remove those
computer data in the accessed computer or
computer and communications network.

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Pursuant thereof, the law enforcement


authorities may order any person who has
knowledge about the functioning of the
computer system and the measures to protect
and preserve the computer data therein to
provide, as is reasonable, the necessary
information, to enable the undertaking of the
search, seizure and examination.

Law enforcement authorities may request for an


extension of time to complete the examination of
the computer data storage medium and to make
a return thereon but in no case for a period
longer than thirty (30) days from date of approval
by the court.

Section 16. Custody of Computer Data. — All


computer data, including content and traffic
data, examined under a proper warrant shall,
within forty-eight (48) hours after the expiration
of the period fixed therein, be deposited with the
court in a sealed package, and shall be
accompanied by an affidavit of the law
enforcement authority executing it stating the
dates and times covered by the examination, and
the law enforcement authority who may access
the deposit, among other relevant data. The law
enforcement authority shall also certify that no
duplicates or copies of the whole or any part
thereof have been made, or if made, that all such
duplicates or copies are included in the package
deposited with the court. The package so

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deposited shall not be opened, or the recordings


replayed, or used in evidence, or then contents
revealed, except upon order of the court, which
shall not be granted except upon motion, with
due notice and opportunity to be heard to the
person or persons whose conversation or
communications have been recorded.

Section 17. Destruction of Computer Data. —


Upon expiration of the periods as provided in
Sections 13 and 15, service providers and law
enforcement authorities, as the case may be,
shall immediately and completely destroy the
computer data subject of a preservation and
examination.

Section 18. Exclusionary Rule. — Any evidence


procured without a valid warrant or beyond the
authority of the same shall be inadmissible for
any proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to


Computer Data. — When a computer data is
prima facie found to be in violation of the
provisions of this Act, the DOJ shall issue an order
to restrict or block access to such computer data.

Section 20. Noncompliance. — Failure to comply


with the provisions of Chapter IV hereof
specifically the orders from law enforcement
authorities shall be punished as a violation of
Presidential Decree No. 1829 with imprisonment
of prision correctional in its maximum period or a

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fine of One hundred thousand pesos


(Php100,000.00) or both, for each and every
noncompliance with an order issued by law
enforcement authorities.

JURISDICTION

Section 21. Jurisdiction. — The Regional Trial


Court shall have jurisdiction over any violation of
the provisions of this Act. including any violation
committed by a Filipino national regardless of the
place of commission. Jurisdiction shall lie if any of
the elements was committed within the
Philippines or committed with the use of any
computer system wholly or partly situated in the
country, or when by such commission any
damage is caused to a natural or juridical person
who, at the time the offense was committed, was
in the Philippines.

There shall be designated special cybercrime


courts manned by specially trained judges to
handle cybercrime cases.

Section 23. Department of Justice (DOJ). —


There is hereby created an Office of Cybercrime
within the DOJ designated as the central
authority in all matters related to international
mutual assistance and extradition.

Section 24. Cybercrime Investigation and


Coordinating Center. — There is hereby created,

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within thirty (30) days from the effectivity of this


Act, an inter-agency body to be known as the
Cybercrime Investigation and Coordinating
Center (CICC), under the administrative
supervision of the Office of the President, for
policy coordination among concerned agencies
and for the formulation and enforcement of the
national cybersecurity plan.

Section 25. Composition. — The CICC shall be


headed by the Executive Director of the
Information and Communications Technology
Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with the
Director of the NBI as Vice Chairperson; the Chief
of the PNP; Head of the DOJ Office of Cybercrime;
and one (1) representative from the private
sector and academe, as members. The CICC shall
be manned by a secretariat of selected existing
personnel and representatives from the different
participating agencies.

Section 26. Powers and Functions. — The CICC


shall have the following powers and functions:

(a) To formulate a national cybersecurity plan


and extend immediate assistance for the
suppression of real-time commission of
cybercrime offenses through a computer
emergency response team (CERT);

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(b) To coordinate the preparation of appropriate


and effective measures to prevent and suppress
cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by


participating law enforcement and prosecution
agencies;

(d) To facilitate international cooperation on


intelligence, investigations, training and capacity
building related to cybercrime prevention,
suppression and prosecution;

(e) To coordinate the support and participation of


the business sector, local government units and
nongovernment organizations in cybercrime
prevention programs and other related projects;

(f) To recommend the enactment of appropriate


laws, issuances, measures and policies;

(g) To call upon any government agency to


render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and

(h) To perform all other matters related to


cybercrime prevention and suppression, including
capacity building and such other functions and
duties as may be necessary for the proper
implementation of this Act.

REPUBLIC ACT No. 9775


"Anti-Child Pornography Act of 2009."

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Approved: November 17, 2009


Child pornography-refers to any representation,
whether visual, audio, or written combination
thereof, by electronic, mechanical, digital,
optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit
sexual activities.

Section 4. Unlawful or Prohibited Acts:


(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any


form of child pornography;

(c) To publish offer, transmit, sell, distribute,


broadcast, advertise, promote, export or import
any form of child pornography;

(d) To possess any form of child pornography


with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3)
or more articles of child pornography of the same
form shall be prima facie evidence of the intent
to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally


provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;

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(f) For film distributors, theaters and


telecommunication companies, by themselves or
in cooperation with other entities, to distribute
any form of child pornography;

(g) For a parent, legal guardian or person having


custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child


pornography;

(j) To willfully access any form of child


pornography;

(k) To conspire to commit any of the prohibited


acts stated in this section. Conspiracy to commit
any form of child pornography shall be
committed when two (2) or more persons come
to an agreement concerning the commission of
any of the said prohibited acts and decide to
commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The


crime of child pornography is deemed committed
by a syndicate if carried out by a group of three
(3) or more persons conspiring or confederating

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with one another and shall be punished under


Section 15(a) of this Act.

Republic Act No. 7610--"Special Protection of


Children Against Abuse, Exploitation and
Discrimination Act."
June 17, 1992

REPUBLIC ACT No. 9995--"Anti-Photo and Video


Voyeurism Act of 2009"
Approved: FEB 15, 2010

Photo or video voyeurism- means the act of


taking photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which
such person/s has/have a reasonable expectation
of privacy, or the act of selling, copying,
reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and
similar means or device without the written
consent of the person/s involved,
notwithstanding that consent to record or take
photo or video coverage of same was given by
such person's.

Section 4. Prohibited Acts


(a) To take photo or video coverage of a person
or group of persons performing sexual act or any

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similar activity or to capture an image of the


private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks
or female breast without the consent of the
person/s involved and under circumstances in
which the person/s has/have a reasonable
expectation of privacy;

(b) To copy or reproduce, or to cause to be


copied or reproduced, such photo or video or
recording of sexual act or any similar activity with
or without consideration;

(c) To sell or distribute, or cause to be sold or


distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or

(d) To publish or broadcast, or cause to be


published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act
or any similar activity through VCD/DVD,
internet, cellular phones and other similar means
or device.

The prohibition under paragraphs (b), (c) and (d)


shall apply notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person
who violates this provision shall be liable for
photo or video voyeurism as defined herein.

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Republic Act No. 8484


"Access Devices Regulation Act of 1998.
February 11, 1998

Access Device – means any card, plate, code,


account number, electronic serial number,
personal identification number, or other
telecommunications service, equipment, or
instrumental identifier, or other means of
account access that can be used to obtain
money, good, services, or any other thing of
value or to initiate a transfer of funds (other than
a transfer originated solely by paper instrument);

Section 9. Prohibited Acts:

(a) producing, using, trafficking in one or more


counterfeit access devices;

(b) trafficking in one or more unauthorized access


devices or access devices fraudulently applied
for;

(c) using, with intent to defraud, an unauthorized


access device;

(d) using an access device fraudulently applied


for;

(e) possessing one or more counterfeit access


devices or access devices fraudulently applied
for;

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(f) producing, trafficking in, having control or


custody of, or possessing device-making or
altering equipment without being in the business
or employment, which lawfully deals with the
manufacture, issuance, or distribution of such
equipment;

(g) inducing, enticing, permitting or in any


manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit
access devices, unauthorized access devices or
access devices fraudulently applied for;

(h) multiple imprinting on more than one


transaction record, sales slip or similar document,
thereby making it appear that the device holder
has entered into a transaction other than those
which said device holder had lawfully contracted
for, or submitting, without being an affiliated
merchant, an order to collect from the issuer of
the access device, such extra sales slip through an
affiliated merchant who connives therewith, or,
under false pretenses of being an affiliated
merchant, present for collection such sales slips,
and similar documents;

(i) disclosing any information imprinted on the


access device, such as, but not limited to, the
account number or name or address of the
device holder, without the latter's authority or
permission;

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(j) obtaining money or anything of value through


the use of an access device, with intent to
defraud or with intent to gain and fleeing
thereafter;

(k) having in one's possession, without authority


from the owner of the access device or the access
device company, an access device, or any
material, such as slips, carbon paper, or any other
medium, on which the access device is written,
printed, embossed, or otherwise indicated;

(l) writing or causing to be written on sales slips,


approval numbers from the issuer of the access
device of the fact of approval, where in fact no
such approval was given, or where, if given, what
is written is deliberately different from the
approval actually given;

(m) making any alteration, without the access


device holder's authority, of any amount or other
information written on the sales slip;

(n) effecting transaction, with one or more access


devices issued to another person or persons, to
receive payment or any other thing of value;

(o) without the authorization of the issuer of the


access device, soliciting a person for the purpose
of:

1) offering an access device; or

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2) selling information regarding or an application


to obtain an access device; or

(p) without the authorization of the credit card


system member or its agent, causing or arranging
for another person to present to the member or
its agent, for payment, one or more evidence or
records of transactions made by credit card.

REPUBLIC ACT No. 11449


An Act Providing for Additional Prohibitions to
and Increasing Penalties for Violations of
Republic Act No. 8484, Otherwise Known as the
"Access Devices Regulation Act of 1998"
Approved: August 28, 2019.

(a) producing, using, trafficking in one or more


counterfeit access devices;
"(q) skimming, copying or counterfeiting any
credit card, payment card or debit card, and
obtaining any information therein with the intent
of accessing the account and operating the same
whether or not cash is withdrawn or monetary
injury is caused by a perpetrator against the
account holder or the depositary bank;

"(r) production or possession of any software


component such as programs, application, or
malware, or any hardware component such as
skimming device or any electronic gadget or
equipment that is used to perpetrate any of the
foregoing acts;

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"(s) accessing, with or without authority, any


application, online banking account, credit card
account, ATM account, debit card account, in a
fraudulent manner, regardless of whether or not
it will result in monetary loss to the account
holder; and

"(t) hacking refers to the unauthorized access


into or interference in a computer system/server,
or information and communication system, or
any access in order to corrupt, alter, steal, or
destroy using a computer or other similar
information and communication devices without
the knowledge and consent of the owner of the
computer or information and communication
system, including the introduction of computer
viruses and the like resulting in the corruption,
destruction, alteration, theft, or loss of electronic
data messages or electronic documents."

REPUBLIC ACT NO. 8792


"Electronic Commerce Act of 2000."
June 14, 2000

REPUBLIC ACT NO. 10173


"Data Privacy Act of 2012″
Approved: AUG 15 2012

Punishable Acts:
 Unauthorized Processing of Personal
Information and Sensitive Personal
Information

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 Accessing Personal Information and


Sensitive Personal Information Due to
Negligence
 Improper Disposal of Personal Information
and Sensitive Personal Information
 Processing of Personal Information and
Sensitive Personal Information for
Unauthorized Purposes
 Unauthorized Access or Intentional Breach
 Concealment of Security Breaches Involving
Sensitive Personal Information
 Malicious Disclosure
 Unauthorized Disclosure

Section 11. General Data Privacy Principles. –


The processing of personal information shall be
allowed, subject to compliance with the
requirements of this Act and other laws allowing
disclosure of information to the public and
adherence to the principles of transparency,
legitimate purpose and proportionality.

Personal information must, be:

(a) Collected for specified and legitimate


purposes determined and declared before, or as
soon as reasonably practicable after collection,
and later processed in a way compatible with
such declared, specified and legitimate purposes
only;

(b) Processed fairly and lawfully;

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(c) Accurate, relevant and, where necessary for


purposes for which it is to be used the processing
of personal information, kept up to date;
inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further
processing restricted;

(d) Adequate and not excessive in relation to the


purposes for which they are collected and
processed;

(e) Retained only for as long as necessary for the


fulfillment of the purposes for which the data
was obtained or for the establishment, exercise
or defense of legal claims, or for legitimate
business purposes, or as provided by law; and

(f) Kept in a form which permits identification of


data subjects for no longer than is necessary for
the purposes for which the data were collected
and processed: Provided, That personal
information collected for other purposes may lie
processed for historical, statistical or scientific
purposes, and in cases laid down in law may be
stored for longer periods: Provided, further, That
adequate safeguards are guaranteed by said laws
authorizing their processing.

Section 12. Criteria for Lawful Processing of


Personal Information. – The processing of
personal information shall be permitted only if

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not otherwise prohibited by law, and when at


least one of the following conditions exists:

(a) The data subject has given his or her consent;

(b) The processing of personal information is


necessary and is related to the fulfillment of a
contract with the data subject or in order to take
steps at the request of the data subject prior to
entering into a contract;

(c) The processing is necessary for compliance


with a legal obligation to which the personal
information controller is subject;

(d) The processing is necessary to protect vitally


important interests of the data subject, including
life and health;

(e) The processing is necessary in order to


respond to national emergency, to comply with
the requirements of public order and safety, or to
fulfill functions of public authority which
necessarily includes the processing of personal
data for the fulfillment of its mandate; or

(f) The processing is necessary for the purposes


of the legitimate interests pursued by the
personal information controller or by a third
party or parties to whom the data is disclosed,
except where such interests are overridden by
fundamental rights and freedoms of the data

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subject which require protection under the


Philippine Constitution.

PNP GUIDELINES FOR COMPUTER CRIME


INCIDENT FIRST RESPONDER

a. Cybercrime Response. Cybercrime Response is


the actual police intervention in a cybercrime or
cyber related incident where the acquisition of
matters of evidentiary value is traceable within
the computer’s hardware, software and its
network.

b. Guidelines in Responding to Cybercrime and


Cyber-Related Incidents

1) When responding to a cybercrime incident, or


to a crime scene where Information and
Communication Technology (ICT) equipment (e.g
computers, digital storage devices and other
electronic devices or equipment) are present, it is
imperative for the First Responder (FR) to protect
and preserve the crime scene and seek the
assistance of the station IOC to identify potential
evidence such as the following:
a) Contraband or fruits of a crime;
b) Tools used for the commission of the crime;
and/or
c) Other items that may be used in the
commission of the crime.

2) The FR shall immediately coordinate with the


nearest ACG office, through the station TOC or

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the IOC, for assistance. Upon arrival of the ACG


personnel, they shall immediately conduct the
“bag and tag” procedure on the digital evidence
and turn over to the IOC.

3) The concerned investigating unit shall secure


and submit a court order and necessary legal
requirements for the ACG to conduct digital
forensic examination that is in accordance with
the rule on cybercrime warrants. The evidence
seized shall then be subjected to digital forensic
examination by the PNP ACG. The result of the
forensic examination, as well as the testimony of
the forensic expert, shall be made available
during the trial.

c. Preservation of Seized Computer

Upon determination of how the computer


was utilized in the commission of the crime, and
once the legal requirements have been complied
with, the following are the guidelines in the
preservation of the seized computer:

1) Secure the Scene


a) Officer’s safety is always paramount.
b) Preserve the area for potential fingerprints.
c) Immediately restrict access to the computer.
d) Disable the internet connection to restrict
remote access to the computer

2) Secure the computer as evidence


a) If the computer is “OFF”, do not turn it “ON”.

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b) If the computer is “ON”, do not turn it “OFF”,


nor touch its mouse or its keyboard.

3) For stand-alone connection or single area


connection computers (non-networked)
a) Consult a Digital Forensic Examiner.
b) If a Digital Forensic Examiner is not available,
the station IOC shall perform the following:

(1) Photograph screen and disconnect all power


sources and plugs including those at the back of
the computer;

(2) Cover or put a tape over each drive slot;

(3) Photograph (or make a diagram) and label


parts located at the back of the computer
including its connections;

(4) Label all connectors and cable end to allow


reassembly as needed (Example: “Socket”
marked “A” and the “cable End” also marked
“A”);
(5) If transport is required, pack the
components as “fragile cargo” prior to
transport;

(6) Keep it away from magnets, radio


transmitters, and from other hostile
environment; and

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(7) Ensure that only the Digital Forensic


Examiner conducts the search for any evidence
contained in the computer hardware;

4) For Networked Computers (or business


computers)
a) Consult a Digital Forensic Examiner for
assistance.
b) Do not immediately pull the plug to prevent
the following:
(1) Severe damage to the system;
(2) Disrupting the legitimate business; and
(3) Possible liability of the police officers.
5) For Ransomware or Malware Attack on a
Computer
a) Consult a computer specialist for assistance;
b) Immediately disconnect the computer from
the network to avoid the spread of malware to
other computers on the same network; and
c) Do not immediately pull the plug and wait
for the computer specialist to arrive.

d. Guidelines in the Treatment of Other


Electronic Data Storage Devices
The IOC should understand that other
electronic devices may contain viable evidence
associated with the crime. The IOC must ensure
that the device should not be accessed unless a
warrant has been issued.

e. Preservation of Seized Mobile Communication


Devices

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Upon determination of how the mobile


communication device was utilized in the
commission of the crime the following are the
guidelines to be followed:

1) If the device is turned “ON”, do not turn it


“OFF” as it could activate lockout feature
a) Take a photograph of the screen display and
write down all information therein;
b) If possible, turn on airplane/flight mode or
use a signal blocking container, if available, and
record the steps undertaken;
c) If the device is locked, do not attempt to
unlock it; and
d) Bring the power supply cord of the seized
device found at the scene.
2) If the device is TURNED “OFF”, leave it “OFF”
AS IT could alter evidence in the device.

f. Preservation of Seized Facsimile or Fax


Machine or Similar Devices
If the fax machine is “ON”, do not turn it
“OFF” as it may cause the loss of the last number
dialed or other stored fax numbers. If possible, all
manuals should be seized along with the
machine. Photographs of the machine and its
display shall be taken.

g. Preservation of Seized Caller ID Devices and


Other Similar Devices
1) The IOC should be able to recognize
potential evidence contained in caller ID
devices such as telephone numbers and

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subscriber’s information from incoming


phone calls.

2) The IOC should remember that


interruption of the power supply of the
caller ID device may cause loss of data if not
protected by an internal battery back-up.

h. Guidelines in the Treatment of Seized Digital


Video Recording (DVR) Devices

1) The IOC should be able to recognize potential


evidence contained in DVR devices such as the
date and time of occurrence and the persons
viewed on the video captured by the Audio and
Video Recorder (AVR) and camera devices; and

2) The IOC should secure a warrant for the


conduct of forensic examination/enhancement of
audio video recorded by the DVR device.

i. Acquiring the DVR Devices and/or their


Footages/Recording

1) The IOC shall send a Preservation Letter


(Annex “Y”) addressed to the DVR device owner
directing him/her to keep, retain and preserve
the footages/recordings; and

2) A court order or a notarized affidavit of


consent together with the photocopy of valid ID
from the DVR device owner or authorized
administrator must be secured to obtain the

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original and/or duplicate copies of


footages/recordings.

PART 2: ENVIRONMENTAL LAWS

REPUBLIC ACT NO. 9003


"Ecological Solid Waste Management Act of
2000."
(January 26, 2001)

REPUBLIC ACT No. 6969,


"Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990."
(October 26, 1990)

Section 13. Prohibited Acts. – The following acts


and omissions shall be considered unlawful:

a) Knowingly use a chemical substance or


mixture which is imported, manufactured,
processed or distributed in violation of this Act
or implementing rules and regulations or orders;

b) Failure or refusal to submit reports, notices or


other information, access to records, as required
by this Act, or permit inspection of
establishment where chemicals are
manufactured, processed, stored or otherwise
held;

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c) Failure or refusal to comply with the pre-


manufacture and pre-importation requirements;
and

d) Cause, aid or facilitate, directly or indirectly, in


the storage, importation, or bringing into
Philippines territory, including its maritime
economic zones, even in transit, either by means
of land, air or sea transportation or otherwise
keeping in storage any amount of hazardous and
nuclear wastes in any part of the Philippines.

Republic Act No. 8749


June 23, 1999
"Philippine Clean Air Act of 1999."

Republic Act No. 9275


March 22, 2004
"Philippine Clean Water Act of 2004."

SECTION 27. Prohibited Acts. - The following acts


are hereby prohibited:

a) Discharging, depositing or causing to be


deposited material of any kind directly or
indirectly into the water bodies or along the
margins of any surface water, where, the same
shall be liable to be washed into such surface
water, either by tide action or by storm, floods or
otherwise, which could cause water pollution or
impede natural flow in the water body;

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b) Discharging, injecting or allowing to seep into


the soil or sub-soil any substance in any form that
would pollute groundwater. In the case of
geothermal projects, and subject to the approval
of the Department, regulated discharge for short-
term activities (e.g. well testing, flushing,
commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided,
That safety measures are adopted to prevent the
contamination of the groundwater;

c) Operating facilities that discharge regulated


water pollutants without the valid required
permits or after the permit was revoked for any
violation of any condition therein;

d) Disposal of potentially infectious medical


waste into sea water by vessels unless the health
or safety of individuals on board the vessel is
threatened by a great and imminent peril;

e) Unauthorized transport or dumping into sea


waters of sewage sludge or solid waste as
defined under Republic Act No.9003;

f) Transport, dumping or discharge of prohibited


chemicals, substances or pollutants listed under
Republic Act No.6969;

g) Operate facilities that discharge or allow to


seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants
listed under R. A. No. 6969 into water bodies or

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wherein the same shall be liable to be washed


into such surface, ground, coastal, and marine
water;

h) Undertaking activities or development and


expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants without


the valid required discharge permit pursuant to
this Act or after the permit was revoked for any
violation of condition therein;

j) Non-compliance of the LGU with the Water


Quality Framework and Management Area Action
Plan. In such a case, sanctions shall be imposed
on the local government officials concerned;

k) Refusal to allow entry, inspection and


monitoring by the Department in accordance
with this Act;

l) Refusal to allow access by the Department to


relevant reports and records in accordance with
this Act;

m) Refusal or failure to submit reports whenever


required by the Department in accordance with
this Act;

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n) Refusal or failure to designate pollution


control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the


distribution system or tampering with the water
supply in such a way as to alter or impair the
water quality.

REPUBLIC ACT NO. 9147


July 30, 2001
"Wildlife Resources Conservation and Protection
Act."

Section 27. Illegal Acts. - Unless otherwise


allowed in accordance with this Act, it shall be
unlawful for any person to willfully and knowingly
exploit wildlife resources and their habitats, or
undertake the following acts;

(a) killing and destroying wildlife species, except


in the following instances;

(i) when it is done as part of the religious rituals


of established tribal groups or indigenous cultural
communities;

(ii) when the wildlife is afflicted with an incurable


communicable disease;

(iii) when it is deemed necessary to put an end to


the misery suffered by the wildlife;

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(iv) when it is done to prevent an imminent


danger to the life or limb of a human being; and

(v) when the wildlife is killed or destroyed after it


has been used in authorized research or
experiments.

(b) inflicting injury which cripples and/or impairs


the reproductive system of wildlife species;

(c) effecting any of the following acts in critical


habitat(s)

(i) dumping of waste products detrimental to


wildlife;

(ii) squatting or otherwise occupying any portion


of the critical habitat;

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

(vi) quarrying

(d) introduction, reintroduction or restocking of


wildlife resources;

(e) trading of wildlife;

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(f) collecting, hunting or possessing wildlife, their


by-products and derivatives;

(g) gathering or destroying of active nests, nest


trees, host plants and the like;

(h) maltreating and/or inflicting other injuries not


covered by the preceding paragraph; and

(i) transporting of wildlife.

OTHER ENVIRONEMENTAL LAWS IN THE


PHILIPPINES

 Act No. 3572, Prohibition Against Cutting of


Tindalo, Akli, and Molave Trees;
 P.D. No. 705, Revised Forestry Code;
 P.D. No. 856, Sanitation Code;
 P.D. No. 979, Marine Pollution Decree;
 P.D. No. 1067, Water Code;
 P.D. No. 1151, Philippine Environmental
Policy of 1977;
 P.D. No. 1433, Plant Quarantine Law of
1978;
 P.D. No. 1586, Establishing an
Environmental Impact Statement System
Including Other Environmental
Management Related Measures and for
Other Purposes;
 R.A. No. 3571, Prohibition Against the
Cutting, Destroying or Injuring of Planted or
Growing Trees, Flowering Plants and Shrubs

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or Plants of Scenic Value along Public


Roads, in Plazas, Parks, School Premises or
in any Other Public Ground;
 R.A. No. 4850, Laguna Lake Development
Authority Act;
 R.A. No. 6969, Toxic Substances and
Hazardous Waste Act;
 R.A. No. 7076, People’s Small-Scale Mining
Act;
 R.A. No. 7586, National Integrated
Protected Areas System Act including all
laws, decrees, orders, proclamations and
issuances establishing protected areas;
 R.A. No. 7611, Strategic Environmental Plan
for Palawan Act;
 R.A. No. 7942, Philippine Mining Act;
 R.A. No. 8371, Indigenous Peoples Rights
Act;
 R.A. No. 8550, Philippine Fisheries Code;
 R.A. No. 8749, Clean Air Act;
 R.A. No. 9003, Ecological Solid Waste
Management Act;
 R.A. No. 9072, National Caves and Cave
Resource Management Act;
 (u) R.A. No. 9147, Wildlife Conservation and
Protection Act;
 R.A. No. 9175, Chainsaw Act;
 R.A. No. 9275, Clean Water Act;
 R.A. No. 9483, Oil Spill Compensation Act of
2007; and
 Provisions in C.A. No. 141, The Public Land
Act; R.A. No. 6657, Comprehensive Agrarian

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Reform Law of 1988; R.A. No. 7160, Local


Government Code of 1991; R.A. No. 7161,
Tax Laws Incorporated in the Revised
Forestry Code and Other Environmental
Laws (Amending the NIRC); R.A. No. 7308,
Seed Industry Development Act of 1992;
R.A. No. 7900, High-Value Crops
Development

INVESTIGATIVE REPORT
WRITING

REPORT- a story of action performed by men,

POLICE REPORT –exact narration of facts


discovered in the course of an investigation
which serves as permanent written records for
present and future use. Provides chronological
or step by step account of an incident that took
place at a given time

PURPOSES AND USES OF INVESTIGATVE


REPORT.

POLICE INVESTIGATIVE REPORT WRITING-


Provides facts to competent authorities and
serve as a record of analytical activity.
USES:
 Records- reports provide permanent official
record of the relevant information obtained in
the course of the investigation.

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 Leads- report provides other investigators with


information necessary to further advance their
own investigation.

 Prosecution of Action- the report is a statement


of facts on which designated authorities may
base a criminal, corrective or disciplinary action.

 Reference- to serve as reference by other


investigative agencies and competent authorities

 Documentary evidence- the report can be


utilized by the court during trial proceeding.

 Statistical data- the report will be used in


presenting statistical data for crime analysis.

QUALITIES OF A GOOD INVESTIGATIVE REPORT:

 Accuracy- it means exact conformity to the facts


and free from errors. Being accurate is being
exact. All facts must be verified.

 Brevity- conciseness of expression. Also means


the checking the development of your own ideas
and the accuracy of expression. Also means
saying much in a fewer words possible.

 Clarity- It means plain, precise and clear. The


format and language used in police report must
be simple and direct as possible.

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 Completeness- requires the inclusion of all


relevant, pertinent and material information.
The “5 Ws and 1H” should be answered. The
elements of the crime should be established and
the additional facts developed should tend to
prove these elements . the report should be
documented by appending important
statements/letters, findings or other agencies
and laboratory reports.

 Fairness- the investigator should take the facts as


he finds them and if ever he has theories , it
must be consistent with these facts.

 Form and style- the arrangement of the materials


presented should be in a manner that will make
the report easy to read. Form includes proper
paragraphing, proper underscoring, proper
capitalization and proper heading. The report
should be written in the third person, the
investigator referring to him as “ The
Investigator.”

CRITERIA IN REPORT WRITING:

Reports being a permanent records on


investigative efforts are subject to close scrutiny
at all levels of the police organization including
other concerned agencies of the government.
Reports must meet certain standards or criteria,
some of which are as follows:

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 Reports must not contain vague or unclear


statement.
 Report must be original and correct in both
composition and grammar.
 Abbreviation must be used appropriately and
correctly.
 The use of slang, colloquialism or unnecessary
technical terms should be avoided.
 Reports must not contain erasures, correction
fluid, or any alterations.
 If any corrections are to be made, then it must be
corrected by changing the entire page to contain
what is correct.
 All duplicate copies of reports must be legible,
clearly readable.
 When necessary, duplicate copies of reports
must be officially authenticated.
 Contents of reports must be factual and devoid
of bias or prejudice on the part of those making
the report.

GENERAL TYPES OF POLICE REPORTS


1. Basic of Informal Report- this account deals
with ordinary, miscellaneous, usual,
memorandum, letter, or form accomplished by
any member of a unit, section, bureau or division
within a department in accordance with
prescribed regulation. Usually, this report
contains the following items.
a. the heading or the letterhead of the
organization, office or section where the writer
is assigned.

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b. the person or office to whom it is addressed


or submitted.
c. The text proper
d. The name or the source of the report.

2. Investigative Report or Formal Report. This


covers an exact and exhaustive narration of
facts. This report may be classified as Initial or
Advance Report, Progress Report or Follow-up
Report and Final or Closing Report.

TYPES OF FORMAL OR INVESTIGATIVE REPORT:

1. Spot Report- an advance account regarding a


new case assigned to an investigator. It is written
and submitted without delay after having
conducted the initial investigation of the case.
This is done as soon as complaint is received.
Reporting process begins when officer completes
preliminary investigation report referred to as a
case report. This is also called Initial or
Preliminary Report.

The Preliminary report shall contain the


following:
a. the offense
b. Time, date, and Place of Occurrence (TDPO)
c. Identification data pertaining to victim or
other reporting party
d. method of operation
e. identification data pertaining to suspects
f. identification of officers

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2. Progress Reports- contains the result of the


follow-up investigation of a recent case. It is
accomplished whenever any development
relevant to the case is discovered. It serves as a
gauge or yardstick for the detective’s efficiency.
It describes progress of the investigation from
time to time and ensures constant follow-ups.

Termination of Investigation may be done due


to:
1. lack of leads
2. Awaiting for further developments and
gathering of evidences
3. Closed-perpetrator(s) arrested and case filed
in the proper court of Jurisdiction

3. Final Report- the comprehensive narration of


facts and details based on a thorough inquiry of
the case by the detective who initially started
the investigation covering all facts and
circumstances surrounding the case. It forms a
clear picture of the crime committed in the
minds of the readers for prosecutorial and
judicial actions. The final or closing report is
undertaken whenever the case is solved and
considered as closed, signifying that the
offender has been arrested, the evidence against
him is complete to warrant prosecution, and
witnesses, sufficiency of evidence and
perpetrators are identified so as to warrant filing
of case and/or termination of investigation due
to circumstance listed above.

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OTHER TYPES OF REPORT WRITING:


1. Investigation Report- a chronological
narration of the result of the investigation
intended to inform the superior officers

2. Beat inspection/After Report- practiced


written communication in station level

3. Situation report-done on a need basis, the


commander has to know the actual situation of a
particular incident which can be of public
interest.

4. Arrest report- they are used to document the


events that transpired in the apprehension of a
person under police custody.

5. Clearance report- they are used to keep a


record of disposition of a particular criminal
case.

6. Crime report- also known as facts sheets


which includes suspect’s description, corpus
delicti, results of preliminary investigation and
modus operandi.

7. Daily activity report- a typical log which


includes operation, location, amount of time
spent and brief dispositions.

8. Evidence reports- refers to the


documentation of the collection and
preservation of evidence as well as the

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participants in the chain of custody of the


evidence .

9. Incident report- pertains to an account of the


events not amounting to crimes but caught the
attention of police assigned in a particular
jurisdiction such as calls for service.

10. After Follow up report- it is written after the


conduct of follow-up investigation intended to
update the status of a case. It serves as
reference in writing Progress Report.

TYPES OF ADMINISTRATIVE ISSUANCES

1. Circulars- administrative instruction which are


directly, advisory or informative in nature, more
or less permanent in duration. They usually deal
with subject such as delegation of authority to
ne known by field personnel, implementing
instructions or regulations (e.g. circular from
DILG to PNP)

2. General Circular- it contains administrative


instructions which are directory , advisory, or
informative in nature, more or less general in
application, permanent in duration and requiring
compliance by or observance from or
information of the employees and general public
(e.g. Firearm ban)

3. Memorandum circulars- deals with subject


such as explanation or classification of certain

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rules and regulations which are complied with or


executed by subordinates.

4. Office Circulars-they pertain to


communication informing the majority in a
particular directorate or office only, not
intended for those in the field.

5. Office orders- they are purely internal,


instructions which are regulatory in nature,
mandatory in character, and requiring definite
compliance by personnel.

6. Special Orders- refers to communications


which are directives affecting the status of
individual, such as appointment, transfers,
promotions relief from duty, separation and
leave of absence.

7. Letter Directives-contains routine directives


by which subordinates headquarters/office are
given instructions. Advice or information, its
validity is for two years unless sooner rescinded
or superseded.

8. Letter Orders- pertains to instruction sent in


the form of a letter to the persons concerned .
Assignment, details, designation, and other
related matters belong to this category.

9. Standard Operating Procedures- they are set


of instructions regarding the procedures to be
followed on a regular basis desired by the

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chief/director. Submission of reports,


maintenance of motor vehicle, attendance and
similar activities are reflected in SOP’s.

POLICE BLOTTER
--refers to the record of daily events occurring
within the area of
responsibility/territory/jurisdiction of a given
police command or unit.

--Contains material facts and details concerning


the event for legal and statistical purpose

--An informational record book that is useful for


investigation, evidentiary or referral purposes.

--Each PNP operating unit shall maintain an


official police blotter book where all types of
operational and undercover dispatches shall be
recorded containing the “5Ws and 1H” of an
information.

--A record book bound with hardcovers with a


prescribed size of 12 x 16 inches. The front cover
shall bear the name or designation of the Police
Force and specific district/station together with
the designation of the particular police unit or
sub-station the volume or book number, the
series number and the period covered.

--Separate Blotter for cases involving


 Violence against women and their children
 Children in conflict with the law

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THE CONTENTS OF THE ENTRY:

1. the entry in the police blotter should answer


the following: who, what, why where, when,
how.

2. In answering the cardinals of investigation and


the case disposition, all such material details
pertaining to the event , including the names of
the suspect/s; the witnesses; if any; the nature
of the offenses or action; the possible motive;
the place; the date; and time of occurrence;
significant circumstances surrounding the case;
the identity of the officer to whom the case is
assigned; and the status of the case.

3. The following transactions or incidents are


entered in the police blotter:
a. violations of ordinances and laws reported
and/or discovered
b. all calls in which any member of the PNP is
dispatched or takes official action.
c. all fire alarms, reports and information
received by the stations.
d. movement of detention prisoners with
corresponding notations on the authority for
such movement.
e. vehicular and other types of incidents which
require police station.
f. all injuries, bodies discovered, and suicides
g. damage to property.

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h. all cases to which a member of the PNP is


involved.
i. all arrest and returns made
j. Miscellaneous cases, general and special
orders, violations of the rules and regulations,
and any other reportable incident that sub-
station/station commander or higher authorities
requires to be recorded.

PROCEDURE IN MAKING THE ENTRIES:

1. All entries in the police blotter shall be


handwritten in a clear, concise and simple
manner.

2. Only facts not opinions are entered into the


blotter.

3. No erasures shall ne made in the entries.


Corrections are made by drawing none
horizontal line over such word or phrase and the
actual entry initialed by the police officer making
the correction.

4. A pen with a black or blue ink is used in


making the entries.

5. Falsification in the blotter or nay attempt to


suppress any information therein is criminally
and administratively punishable.

6. The entries must be properly legibly written


in long hand and consecutively numbered.

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7. Every page of the blotter shall be


uninterruptedly and the chronologically filled up.
No line or space shall be left blank between two
entries.

8. Any development of the case to be reflected


in the blotter should be a new entry at the time
and day it was reported. A reference to the
previous entry number of case shall be made.

9. In every shift, the Duty Sergeant, under the


supervision of the Duty Officer or Complain Desk
Officer, shall make the actual entries in the
blotter and at the end of his tour of duty, they
shall sign the blotter.

(SAMPLE INITIAL REPORT)


Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION
QUEZON CITY POLICE DISTRICT
ANONAS POLICE STATION-9
Anonas Road, Quezon City
STATION INVESTIGATION AND DETECTIVE MANAGEMENT
SECTION

MEMORANDUM

FOR : The Station Commander


Anonas Police Station-9
(Attn: Chief, Operation Branch)

SUBJECT : Incident Report, re-Shooting Incident

DATE : February 22, 2022


______________________________________________________

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1. Reference: Blotter Entry No 69 dated February 22, 2022

2. Please be informed that on or about 10:oo o’clock in the


morning of February 22, 2022, inside the Office of the
Administrative Branch of Anonas Police Station, Quezon City
Police District, Suspect Pat Aries was overheard in a heated
argument with Pat Benny, thereafter, a gunshot was heard from
the said place. Subsequently, Pat Aries was seen hurriedly leaving
the room while Pat Benny was found unconscious with gunshot
wound on the left chest.

3. Consequently, Pat Benny was rushed to the Quirino


Medical Center along Katipunan Avenue, Quezon City for medical
treatment where he is presently under observation.
4. Afterwards, the Station Commander, PLTCOL Richard
Xavier, directed PLT John Doe, Chief, Investigation Branch to
conduct Investigation and manhunt operation for the arrest of Pat
Aries
5. Disposition : Under Investigation
6. Investigator-on-Case : PMSgt. Charlie Dagohoy
7. For your information

Richard Xavier
Police Lieutenant Colonel
Station Commander

(SAMPLE OF PROGRESS REPORT)

Republic of the Philippines


NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION
QUEZON CITY POLICE DISTRICT
ANONAS POLICE STATION-9
Anonas Road, Quezon City
STATION INVESTIGATION AND
DETECTIVE MANAGEMENT SECTION

MEMORANDUM

FOR : The District Director

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QCPD
(Attn: Chief, DIDM)

SSUBJECT : Progress Report, re- Shooting Incident


Involving PNP Personnel

DATE : February 24, 2022


______________________________________________________

1. References:
a. Blotter Entry No 69 dated February 22, 2022
b. Incident report dated February 22, 2022
c. Initial or Spot Report dated February 22, 2022

2. This pertains to the Shooting Incident that transpired on


or about 10:00 o’clock in the morning of February 22, 2022, inside
the Administrative Branch of Anonas Police Station involving Pat
Aries and Pat Benny as suspect and victim respectively.

3. Please be informed that immediately after the incident,


the undersigned created “Task Force Benny” to conduct manhunt
operation against Pat Aries, composed of the following personnel,
to wit:

PLT John Doe - Team Leader


PEMS Carlo LApid -Asst. Team Leader
PSSgt Charlie Dagohoy - Investigator
PCpl Arnold Arpapa -Member
PCpl Bernard BArtolo - Member

4. Disposition: Under Investigation and Follow-up

5. Investigation-On-Case: PMSgt Charlie Dagohoy

Republic of the Philippines


NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION
QUEZON CITY POLICE DISTRICT
ANONAS POLICE STATION-9
Anonas Road, Quezon City
STATION INVESTIGATION AND

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DETECTIVE MANAGEMENT SECTION

MEMORANDUM

FOR : The District Director


QCPD
(Attn: Chief, DIDMD)

SUBJECT :

DATE : March 3, 2022

I. AUTHORITY
1. Memo from DD, QCPD dated February 22, 2022, re-
subject as above; and
2. Other allied documents

II. MATTERS INVESTIGATED:

1. To determine the surrounding circumstance of the Shooting


Incident; and
2. To possibly identify the suspects that will lead to their
apprehension and possible prosecution.

III. FACTS OF THE CASE:

1. Investigation conducted disclosed that on or about


10:00 o’clock in the morning of February 22, 2022, inside the
Office of the Administrative Branch of Anonas Police Station,
Quezon City Police District, suspect Pat Aries was overheard in a
heated argument with Pat Benny, thereafter, a gunshot was heard
from the said place. Subsequently, Pat Aries was seen hurriedly
leaving the room while Pat Benny was found unconscious with
gunshot wound on the left chest.

2. Consequently, Pat Benny was rushed to the Quirino


Medical Center along Katipunan Avenue, Quezon City for medical
treatment where he is presently under observation.

3. The Operatives of the QCPD PNP Forensic Unit /SOCO


Team led by PCAPT. Ambrose Bago processed the crime scene
while PMSgt Charlie Dagohoy of the Criminal Investigation and
Detection Unit (CIDU), conducted and independent investigation.

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IV. INVESTIGATION/FINDINGS:

1. It was an outbreak in the on-going investigation when,


an information was received from a reliable source on February
25, 2022 which disclose that Pat Aries, the principal suspect in the
said incident was seen in his parent’s house in Brgy. Tala, Orani,
Bataan. The information was confirmed that the suspect was with
the companion of his Brother-in-law Mr. Lucero who utilized his
colored black Toyota Fortuner with Licnese Plate Number AAA
123.

2. Likewise, the issuance of Search Warrant with no. 07-


02222 on February 28, 2022 by Executive Judge Hon. Maximo
Honorato of the Quezon City Regional Trial Court Branch 69
lawfully authorized the Operatives of Anonas Police Station led by
Task Force Benny team Leader PLT John Doe to arrest the suspect
Pat Aries and Mr Lucero in their hideout at house no. 56, Brgy
Tala, Orani Bataan that also resulted to the recovery of Balck
Toyota Fortuner with Leicnese Plate Number AAA-123, One
(1)Caliber 9mm Pistol marked Beretta with Serial Number XYZ-
5678 with Magazine and Ammunition.

V. DISCUSSION:

1. It was established that the rationale behind the shooting


incident which seriously injured the victim emanated from an
insubordination attitude of the suspect who refused to follow the
simple instruction of the victim as hi immediate superior that
subsequently resulted to a heated argument . However, it was not
proven that the act of the suspectt was premeditated with any
evil motive, instead, it was an outburst of anger during the
argument.

VI. CONCLUSION:

1. The act of leaving the victim after the incident instead of


bringing him to the hospital is a clear manifestation of no remorse
on the part of the suspect. It was aggravated by the fact that he
eluded arrest instead of surrendering voluntarily to his Superior
Officers. Hence, the intention to kill was established but the
timely medication prevents the completion of the act of the
suspect.

VII. RECOMMENDATION/DISPOSITION:

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1. Based on the foregoing circumstance, it is therefore


recommended that a complaint for Frustrated Murder, penalized
under the Revised Penal Code be filed before the Quezon City
Prosecution Office against the suspect.

VIII. Investigator-on-Case : PMSgt. Charlie Dagohoy

Richard Xavier
Police Lieutenant Colonel
Station Commander

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