Professional Documents
Culture Documents
CDI 3 Notes
CDI 3 Notes
I
CHAPTER I
Techniques in Making Arrest.
a) Initial contact with subject.
(i) Investigator/operative identifies himself in a clear and audible voice.
(ii) Show identification.
(iii) Inform the subject that he is under arrest.
(iv) Consider the possibility that the subject is wanted for other crimes.
(v) Methods of arrest:
1. With warrant of arrest -- The officer shall inform the person to be arrested of the cause of
arrest and of the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resist before the officer has opportunity so to inform him or when the giving of such
information will imperil he arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall
be shown to him as soon as practicable. [Sec. 7, Rule 113.]
[2]Without a warrant of arrest -- The officer shall inform the person to be arrested of
his authority and the cause of his arrest, unless the person to be arrested is then engaged in
the commission of an offense or is pursued immediately after its commission or after an
escape, or flees or forcibly resist before the officer has opportunity so to inform him, or when
the giving of such information will imperil the arrest.
C. RAIDS AND SEIZURES
1. Introduction.
a) Every member of a law enforcement organization must know the
technique of conducting a raid.
b) Raids are usually made after careful investigation and when other
methods of accomplishment the mission are not suitable.
c) Whenever available, men experienced in conducting police raids
should be chosen as raid commanders.
Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within the statutory
period, remains valid unless recalled by the issuing court, or if the accused is arrested or
has voluntarily submitted himself to the jurisdiction of the issuing court, unlike a search
warrant which has a lifetime of only. ten (10) days from its date of issuance.
Probable Cause Required for a Search Warrant. Probable cause means that sufficient
facts must be presented to the judge issuing the warrant to convince him that circumstances
sufficiently establish the need for the issuance of the warrant.
Search Warrant Defined. 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 to a peace officer, commanding
him to search for personal property described therein and to bring it before the court. [Sec.
1, Rule 126.]
CHAPTER II
CONFESSION AND ADMISSION
A. CONFESSION:
A. INTERVIEW
Methods involving the use of scientific devices that record psycho physiological
responses, these methods include:
The essential element in a typical word associations test is that one word or idea is
reminiscent of another, and the expression of their association forms a meaningful picture.
The nervous control of the human body includes the central nervous system
(the brain and the spinal cord) and the autonomic or regulating nervous system
(sympathetic and parasympathetic). The central nervous system primarily controls the
motor and sensory functions that occur at or above the threshold. It may be voluntary.
The autonomic nervous system acts as a self-regulating autonomic response of the
body.
NARCOANALYSIS
This method is similar to the preceding technique. However, the drug used in
Narcoanalysis are sodium amytal and sodium pentothal to sedate the subject
HYPNOSIS
Alcohol can reveal the real character behind the facade of a person. This
theory can be traced in an old Latin maxim “In Vino Veritas”.
Brain Scanning
Iris Analysis
2. COLOR CHANGE OF FACE – flushed face may indicate anger, embarrassment, or shame.
3. DRYNESS OF MOUTH – nervous tension causes reflex inhibition of salivary secretion and
consequently dryness of the mouth.
5. FIDGETING – a suspect may be constantly moving about in the chair, pulling his ears, rubbing his
face, etc.
TRIAL BY COMBAT
Originated from India and one of the examples of this: a rich man or accuser could hire
somebody or bigger one to fight the accused. After the fight the loser is adjudged guilty of
crime. KING HENRY III of England abolished all legal ordeals except ordeal of combat.
This form of trial was used among the hill tribes of Rajhamal in the north of Bengal
India, where the accused was apt to be told to prove his innocence by applying his
tongue to red hot iron nine times. If burned, he was put to death, the sense of guilt
made the mouth dry.
ORDEAL OF BALANCE
This is the practiced of testing the veracity of the accused by placing him
on one scale of balance. It merely this, in one scale the accused was in the other, a
counterbalance. The accused then stepped out of the scale, listened to a judge deliver
an exhortation to the balance and got back in. If he were found to lighter than
before, he was acquitted. This is practice in the institute of Vishnu, India.
BOILING WATER ORDEAL
This type of ordeal, the water was symbolic of the flood of the old testament, washing
sin from the face of the earth, allowing only the righteous minority to survive.
An ordeal very like this is still practice in India. Concentrated rice is the article
chosen, instead of bread and cheese. Instances are not rare in which through the force of
imagination, guilty person are not able to swallow a single grain. Conscious of their crime
and fearful of the punishment of Heaven, they feel a suffocating sensation in their throat
when they attempt it, and they fall on their knees, and confess all that is laid to their charge.
It is also performed with a kind of rice called “sathee”, prepared with various incantations
The accused fasts for twelve hours, swallow a small amount of rice, then imbibes of the
dark colored water sometimes as much as a gallon. If this acts as an emetic and
the suspect ejects all of the rice, he is considered innocent of the charged, otherwise he is
judged guilty. Their explanation is that a fetish of the victim enters the
mouth with the emetic red water, examine the heart of the drinker, and if it finds him
innocent brings up the rice in evidence.
The ordeal of “sassy bark” or red water is used in the wide region of Eastern Africa
DONKEY’S TAIL ORDEAL
– Psychological theory, the donkey placed in one room alone and observed it, and if the donkey
cried is a judged of guilty of crime
- A priest puts the cornsnaed or hallowed bread into the mouth of the accused, with
various imprecations. If the accused swallowed the cornsnaed or hallowed bread into
his mouth he was freed from punishment.
TEST OF EUCHARIST
This was applied chiefly among the Clergy and Monks. Angle Gabriel will descend from heaven
to prevent the accused from taking in the poisonous drink.
ORDEAL BY BIER
(by Shakespeare in Richard III) – It was an ancient belief that the slain dead could
point their killer
ORDEAL OF THE NEEDLE
– This is practiced in Wanaka, Eastern Africa. A red hot needle was made to pierced
the lower lip of the alleged criminal and if blood flowed from the wound, he is
guilty.
The accuser and the accused were placed under the cross with their arms
extended or crosswise and the first to fall was held guilty.
The accused was dressed in cloth covered with wax and walked barefoot over
burning coals. If he was unhurt the fire and the wax did not melt, he is innocent.
TYPES OF LIES
2. Lie of Omission-act of telling what transpired but omitting details that are incriminating..
3. Lie of Exaggeration- is the type of lies used by a person who overplays what actually
happens.
4. Lie of Minimization- involves acceptance of a person that something happen but downplays
the implication or seriousness of the offense.
5. Fabricated Lie- involves the act of creating a story or series of events that never transpired
6. BENIGN OR WHITE LIE – used to maintain harmony of friendship, harmony of the home or
office.
7. RED LIE – this lie is common to communist countries. This is used to destroy other
ideologies by means of propaganda.
8. MALICIOUS LIE – a chronic lie purely used to mislead justice, a pure dishonesty to destroy
justice.
TYPES OF A LIAR
Tournament Liar- His view is that telling lies is one form of contest.
Black Liar- is one who enjoys pretending and better known as hypocrite.
TYPES OF RESPONSE
1. INTERNAL RESPONSE
2. EXTERNAL RESPONSE
Whenever any public officer or employee has acquired during his incumbency an
amount or property which is manifest out of proportion to his salary as such public officer or
employee and to his other lawful income and the income from legitimate acquired property, said
property shall be presumed prima facie to have been unlawful acquired. The solicitor General,
upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a previous
inquiry similar to preliminary investigation in criminal cases and shall certify to the Solicitor
General that there is reasonable ground to believe that there has been committed in violation of
this act (RA 1379) and the respondent is probably guilty thereof, shall file, in the name and on
behalf of the Republic of the Philippines, in the Court of First Instance (now Regional Trail Court)
of the City or province where said public officer or employee resides or holds office, a petition for
a writ commanding said officer or employee to show cause why property aforesaid, or any part
thereof.
1. Investigation of Unexplained Wealth.
a) Information sheet (IS) of subject.
b) Records of employment in and out of the government.
c) Statement of incomes, allowances, per diems, etc.
d) Statement of Assets ad liabilities.
e) Records of real and personal property, such as lands, houses, vehicles, animals, shares of
stocks, bonds and other investments, etc. (Their acquisition cost should be determined).
f) Income Tax Returns (all available)
g) Bank records where subject has contracted loans.
h) Saving and time deposits, and current accounts, as an exception to the application of the
Secrecy of Bank Deposit Act (RA 1405).
i) Interviews the persons who can give information as to the property of Subject, their sources,
whereabouts, cost, etc.
j) Follow up all needs, appearing in all the records documents secured, as to subjects assets
and liabilities.
k) Others as indicated by the peculiar circumstances of the case.
l) Explanation of the subject if he so elects.
Formula in Establishing the Case
a) Determine the subject’s source of income and liabilities (net worth) above assumption of
public office.
b) Determine the subject sources of income during his tenure of office.
c) Determine the subjects expenses (to be deducted from his income) during his tenure of
office.
d) Determine the subjects assets and liabilities (net worth) after his tenure of office.
1. When is there Illegal Enrichment in office?
a) With Subject’s income and expenses constant, an increase in assets without a
proportionate increase in liabilities.
b) Where subjects income has increased and expenses constant, an increase in liabilities
must be compared to the increase in income. Where the increase in assets far exceeds
the increase in income, illegal enrichment is very probable.
c) Decrease in income/increase in expenses and decrease in liabilities are factors that
strengthen a case of illegal enrichment where there is an apparent increase in assets.
1. Investigation of Corrupt Practice.
In the investigation of this kind of case, the investigator is advised to be guided by the
provision of law involved, the elements of the acts complained and sought to be proved.
1. Investigation of Cases Re Prohibition on Certain
Persons.
As in the investigation of corrupt practice cases, the
investigator should be guided by the pertinent provision
of the law.
1. Investigationof Cases Re Failure to File Statement
of Assets and Liabilites.
a) Certification
from the Department heads, or Office of the
President, or Office of the Secretary of the
corresponding House of Congress.
b) Explanation of subject (if he so desires.)
Chapter VI
INVESTIGATION OF CASES OF FALSIFICATION
1. Acts Constituting Falsification Under Art. 171 of the Revised penal Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act when they did not
in fact so participate.
c) Attributing the persons who have participated in an act or proceeding statements
other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its meaning.
g) Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exist, or including in such copy statement contrary
to, or different from, that of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
1. Specimen or Standard Writing.
To prove falsification, it is usually necessary for an investigator for secure a specimen of the
suspect’s handwriting for comparison purpose. There are two (2) classes of specimen or
standard writings. One consist of writing or printing executed from the day to day in the
course may be referred to as collected standard. The second class consist of specimen’s of
the person’s writing or printing executed upon request of the investigating officer for the sole
purpose of comparison with the questioned documents and are generally known a requested
or dictated standard.
a) Procedure for Obtaining Collected Standards:
(i) Obtain at least 15 to 20 genuine signature.
(ii) If investigation is about other specimens of handwriting or handwriting, secure at least 4 to 5
pages of handwriting or hand-printing.
(iii) Procure ink signature for comparison with questioned ink specimens and pencil standard for
comparison with questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same purposes as the questioned
documents.
(v) Supplement standard with the signatures for different purposes.
(vi) Procure standard signature of approximately the same date as the disputed documents.
(i) If questioned signature was written under unusual conditions, attempt to obtain some
specimens which were executed under similar conditions
sufficient funds in or credit with the bank to pay the check in full when it is presented
for payment. The check is dishonored by the bank or would have been dishonored
had not the drawer, without any valid reason, ordered the bank to stop payment.
c) The failure of any person who, having sufficient funds in or credit with the bank when
he makes or draws a check, shall fail to keep sufficient funds or maintain a credit to
cover the full amount of the check if presented within 90 days from the date of the
check. As a result, the check bounces.
d) The essential elements is the KNOWLEDGE on the part of the maker or drawer of
the check OF THE INSUFFICIENCY OF HIS FUNDS.
e) But where a person endorse a check issued by another to pay an obligation which
did not exist before, knowing that the drawer had no funds in the bank or that the
funds are insufficient, the endorser is liable for estafa only.
f) If the check that bounced was issued to pay a preexisting obligation,
the drawer is liable only for violation of BP 22.
g) If the payee is aware of the insufficiency or lack of funds in the bank
to cover the amount of the check at the time of issue, the drawer may be held
liable under BP 22, not estafa, since there is no deceit on the part of the
drawer.
h) The same person can be punished under both BP 22 and Art 315 of
the Revised Penal Code for the same offense simultaneously.
k) Money Market:
(i) Promissory note.
(ii) Call slip.
(iii) Repurchase agreement.
(iv) Check used.
L) Encashment of Fake and/or Forged Foreign Checks:
(i) Check involved.
(ii) Debit and credit ticket.
(iii) Withdrawal slip.
(iv) Passbook.
(v) Specimen.
(vi) Debit and credit.
(vii) Affidavit of the real payee.
(viii) Return slip.
(ix) Blue paper (the schedule of receipts of collection items).
(x) Deposit slip.
Notes:
[1] Money Market – This is one kind of bank transaction wherein a particular bank will issue a promissory note in favor of
another bank.
[2] Call Slip – Is a debit and credit ticket authorizing the Central Bank to pay a certain bank changeable against the
account of another bank.
[3] Demand Draft – is a bank transaction wherein a client of a bank will buy or purchase a demand draft to presented to
his branch.
[4] Draft – is a promissory signed by the client of the bank.
[5] Out-of-Town Check – is a check being presented to encashment before any bank located not within the territory where
Chapter X
ARSON INVESTIGATION
A. Arson Investigation
1. Law and Jurisprudence:
The law on arson in the Philippines is covered by Article 320 to 326 of
the Revised Penal Code, as amended by PD No. 1613, PD No. 1744,
and RA 6975, Sec 54 which provides that the fire Bureau shall have the
power to investigate all cases of fire and, if necessary, file the proper
complaint with the City/Provincial prosecutor who has jurisdiction over
arson cases.
a) Elements of Arson:
(i) Actual burning took place.
(ii) Actual burning is done with malicious intent.
(iii) The actual burning is done by person(s) legally and criminal liable.
b) Article 326 B, RPC – Prima Facie Evidence of Arson – Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If after fire, materials or substances soaked in gasoline, kerosene, petroleum, or other
inflammable, or electronic contrivance designed to start a fire or ashes or traces of any of the
foregoing are found;
2. That substantial amounts of inflammable substance or materials not necessary in the
course of the defendant’s business were stored within the building, and
3.That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional cause: Provided,
however, that at least one of the following is present in any of the three above-mentioned
circumstances:
a) That the total insurance carried on the building and/or goods is more than 80% of the
value of such building and/or goods at the time of the fire.
b) That the defendant after the fire has presented a fraudulent claim for loss.
The penalty of prison correctional shall be imposed on one who plants the articles above-
mentioned, in order to secure a conviction, or as a means of extortion.
c) Sec 6, PD 16113 – Prima Facie Evidence of Arson -- Any of the following
d. circumstances shall constitute prima facie evidence of arson. These are in
addition to those enumerated under Art. 326-B of the Revised Penal Code:
1. If the fire started simultaneously in more than one part of the building or
statement.
2. If substantial amounts of flammable substances or materials are stored within
the building not necessary in the business of the offender nor for household use.
3. If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith, or containers thereof, or any mechanical,
electrical, chemical, or electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or premises of the burned
building or property.
the victim.
4. If the building or property is insured for substantially more than its
actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy,
more than two fires have occurred in the same or other premises owned or
under the control of the offender and/or insured.
6. If shortly before the fire a substantial portion of the effects insured
and stored in the building or property had been withdrawn from the
premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for the
safety of the person or property of the victim.
d) Sec 4, PD 1613 – Special Aggravating Circumstances in Arson – The penalty in
any case of arson shall be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred toward the owner or occupant of
the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planed or carried out by a group of three
(3) or more persons.
(i) Before the fire – A sketch is made to assist firearm and investigators in
presenting a clear picture of the of the involved building to the court. The
sketch may be approximately or accurate, depending upon the ability of the
investigator. It should show clearly the rooms, halls , closets, doors,
windows and stairs. It should show utility leads into the building. In
commercial or industrial building, the sketch should locate the standpipe,
audible alarm bell, elevators or any other pertinent factor involving the
investigation of the fire.
(ii) After the Fire – The whole layout should be sketched indicating therein
exact places where articles, etc. were found and the position thereof.
c) Laboratory:
(i) Evidence must be collected, identified and preserved and then transport to the
laboratory in the best possible condition. Every efforts should be made to
prevent contamination of materials secured as evidence. Containers for
evidence may consist of heavyweight plastic bags of various sizes, clean
glass mason jars with rubber washers and screw tops, metal cans with clean
pressure or plastic lids, clean glass bottles with screw caps, and cardboard or
plastic boxes of assorted sizes.
(ii) Evidence containing latent prints should be protected so as not to smudge
or destroy the prints.
(iii) A letter of instruction should be sent to the laboratory with the evidence,
describing the same and what the investigator expects the laboratory technician to
recover via the various laboratory processes.
d) Preliminary interview with the owners/occupants.
This interview in conducted to ascertain the names of owners/occupants,
insurance data, employment, etc. Warning: Nothing should be said or implied
during this interview to indicate any suspicion toward the person interviewed.
Information obtained in these preliminary contacts may provide a possible
clue as to an accidental fire, or leads on possible suspects and motives.
e) Insurance.
(i) The insurance agent or broker will provide the names of the company(ies),
policy number(s), terms of the insurance and expiration dates, mortgage payable
clause, name of the adjuster, and whether or not the insurance was in the period
of cancellation. It should also be ascertained, from the agent/broker who
solicited the business, who suggested the amount of coverage and whether the
premium payment was current or delinquent.
(ii) The insurance adjusters can provide complete insurance
information regarding the loss. He can also supply any statement
taken from the assured. He will be able to provide a sworn proof of
loss, which will include specific items claimed damaged or lost and
which may provide the investigator with information indicating an
attempted fraud. Adjusters frequently have access to the books
(ledgers, journals, inventories, etc.) of the business establishment
involved in the fire. Should the investigation indicate a probable
fraud, the adjuster can request the interested insurance
company(ies) to withhold payment during the course of the
investigation.
f) Neighborhood inquiry.
When conducting a neighborhood inquiry, interview person in a wide area of
the surrounding community. Interview the person who discovered the fire,
how he/she happened to be in the area, the location of the fire when initially
observed and other pertinent facts. Interview the person who turned in the
alarm. Obtain observation from neighbors concerning the fire, prior to during
and after the fire. Ascertain the relationship of the owner(s)/occupant(s) with
the neighbors. Witnesses may be able to provide information relative to the
insured’s domestic life, financial condition, anticipated sale of the property and
problems with the property such as flooding heating, changes of routes, etc. It
is sometimes useful to take statements from any witnesses who appear to be
hostile or who may later change their testimonies. Remember you are seeking
information. Do not divulge information to witnesses.
g) Public records.
l) Evidence:
What was found, the date, time, location and who now has custody; names titles
and addresses of persons securing evidence was taken to the laboratory,
receipt to be made a part of the report. Report from laboratory should also be
made a part of the report. Evidence should be secured until the case is disposed
of.
m) Photographs:
Note the type of camera used to take the photos; the name, title and
address of the person taking the photos; the name and address of the
person of firm developing the prints; type of film used. List the
order in which the photographs were taken, and what each depicts.
Note who has custody of the negatives.
n) Fingerprints:
Itis desirable to include three copies of fingerprints and photos of
suspect(s) if available.
o) Suspects:
(i) In case no charge is filed or will be filed until more information is
obtained, but the reporting officer has the name(s) of strong suspect(s)
such as name(s) should be included here.
(ii) State the names, aliases and nick names of the suspect(s), the
present address, occupation, places of enjoyment, habits, associates,
family history, any past criminal record and physical descriptions.
p) Motive.
The investigator should describe in his own words the reason or reason
why the suspect committed the crime. The suspect might have related
his motives for the commission of the crime, or they may be deducted
from the statements of witnesses.
q) Modus Operandi:
Describe or narrate in investigator’s own words the method, system or manner
by which the suspect entered the building, such as by using a key, forcing a
window or door open. Also outline suspect’s actions before, during and after
the crime. Set forth all other relevant information that may be obtained.
Outline from what sources these conclusions were drawn.
r) Property:
List and describe the articles that were removed from the premises before the
fire, and if recovered, give the name and address of the holder. Also list and
describe any articles that the owner said were in the fire and which and which
you were not able to identify as being there. If the articles were recovered,
note the time and date of recovery, and where they were recovered. Secure a
copy of the proof of loss.
s) Witnesses.
Give the names, ages and addresses of witnesses, their occupation, reliability
and availability. State what each can testify to and, if possible. State whether a
witness is prejudiced for or against the subject. Include a written report of all
statements obtained from witnesses. Lengthy statement may be separated and
attached to the report. Summarize the statement in the report and refer to the
complete statement attached.
t) Financial report:
Obtain reports of the financial status of owners, suspects or the accused, i.e.,
bank statements, mortgages, debts, bankruptcy, etc:, credit reports; information
or sale of property. Information pertaining to deed, titles, taxes etc., should be
included in this paragraph.
u) Court action.
State the defendants’ names, ages and address. Give the names and
address of the court’s presiding judge, the prosecutor and defense
counsel.
v) Assisting officers.
Police, firemen from fire service, NBI agents, etc.
w) Subsequent reporting.
In submitting additional information, follow the outline, as set
forth, listing the information to be reported under the proper
headings and in the same sequence, using only the captions
applicable.
Chapter XI
INVESTIGATION OF BOMBING
A. Explosives Investigation
1. Preliminary Remarks.
Investigation of this nature calls for the full use of ingenuity investigative resourcefulness and scientific crime
detection methods.
1. Interview and Interrogation.
a) All persons identified to be at the scene upon arrival of the police and who might have witnessed the
explosion should be interviewed.
b) Interviews must cover indications of suspicious activity as well as facts on the explosion itself, namely:
(i) Sound of the explosion;
(ii) Force of the explosion and its directions;
(iii) Color of the smoke;
(iv) Color of the flame; and
(v) Odor of the gases produced.
a) Determine the avenues of approach to and retreat from the area where the bomb exploded. Explore these
avenues for evidence.
b) Mount a saturation interview of all persons who might have noticed something bearing on the bomb explosion.
c) Photographs of potential bombers should be shown to person who had the opportunity to see activities in the
bomb area before and immediate after the explosion.
d. Mount a saturation interview of all persons who might have noticed something
bearing on the bomb explosion.
e. Photographs of potential bombers should be shown to person who had the
opportunity to see activities in the bomb area before and immediate after the
explosion.
Follow-up Police Activity:
a) Account for the whereabouts of suspects at the time of the bombing and
immediately prior and subsequent thereto. Information are useful in this.
b) Start tracing any physical evidence found a the crime scene – for example,
dynamite wrappings, pieces of pipe, electrical devices, pieces of fuse and
similar materials. Use of experts (whenever available) in searching the crime
scene is best since they can recognize potential evidence more quickly and
may be able to make investigative suggestions from what they see at the
scene.
c) After experts have determined the type of explosive use, contact users and
suppliers of this particular type for aid in determining the source of the
explosive used. Consider also the possibility that the explosive were stolen.
4. Motive:
This is very important in selecting suspects. Consider such traditional circumstances as:
a) Evidence of motive.
b) Evidence of plan, design or scheme.
c) Evidence of ability and opportunity to commit crime.
d) Evidence of possession of the means for a bombing.
e) Evidence of flight after the explosion.
f) Evidence of flying, attempts to influence potential witness, faking an alibi, destruction
of potential evidence, and other indications of a consciousness of guilt.
g) Consider the possibility that the victim had the bombing done for his own benefit –
publicity, sympathy, insurance, material problem, etc.
h) Consider the possibility that a “hate” organization is involved regardless of whether the
group is large or small, adult or juvenile.
i) Do not concentrate all of your time on one suspect.
5. Explosive Investigation Guide:
Team composition of Explosive investigation.
a) Team Leader:
(i) Select and assemble personnel and equipment and coordinate with other offices.
(ii) Conduct scene overview.
(iii) Determine and establish scene integrity, security and safety.
(iv) Establish command post and media control.
(v) Conduct scene walk – through with Explosive Technician and forensic Chemist.
(vi) Coordinate all personnel and search patterns.
(vii) Assign Immediate Area Search and Investigative Unit.
(viii) Assign General Area Search and Investigative Units.
(ix) Manage, evaluate and finalize search and investigative actions.
(x) Conduct final scene evaluation conferences.
b) Photographer:
(i) Select and assemble equipment.
(ii) Photograph immediate and general area including victims, crowd and vehicles.
(iii) Photographs team operations.
(iv) Photograph blast seat and damage showing measurement.
(v) Photograph evidence as found.
(vi) Photograph immediate and general area from aerial perspective.
(vii) Take scene reconstruction photographic series.
(viii) Photograph blueprints, maps and previous photos of the scene, if necessary.
(ix) Photograph known or potential suspect.
(x) Identify additional photographic needs with all scene investigators.
c) Evidence Technician:
(i) Select, assemble and distribute collection equipment to search team members.
(ii) Prepare evidence control log and set up evidence collection point.
(iii) Coordinate and control evidence collection techniques and procedures.
(iv) Record the receipt of all properly marked and packaged evidence from search teams
on the evidence control log.
(v) Categorize collected evidence.
(vi) Maintain custody and control of collected evidence at the scene.
(vii) Coordinate with the team leader and other investigators.
(viii) Verify collected evidence with evidence control log before departing the scene.
(ix) Document the chain of custody and provide temporary storage.
(x) Prepare laboratory analysis request and transmit evidence to the laboratory.
d) Schematic Artist:
(i) Select and assemble equipment.
(ii) Diagram immediate blast area.
(iii) Diagram general. Area.
(iv) Identify evidence found by indicating the assigned evidence numbers on the
evidence control sketch showing the location where found.
(v) Show necessary measurements of heights, lengths and widths.
(vi) Make artist’s conception of the scene prior to the blast with the help of
witnesses, showing how furniture was arranged or how the structure was before the
explosion.
(vii) Prepare a legend on the diagrams.
(viii) Inventory collected evidence with the evidence technician and ensure that all
evidence is noted on the control sketch.
(ix) Coordinate with the team leader and other investigators.
e) Immediate area investigative Unit:
(i) Select and assemble investigative equipment.
(ii) Interview local officers, firemen and all possible witnesses at the scene.
(iii) Determine the owner of the property, the victim of the explosion, and if any person were
injured in the blast.
(iv) Obtain names of any persons who are employee, watchmen or janitors.
(v) Provide the names and locations of all persons or groups who should be interviewed to the
General Area Investigative unit. This list will include the injured persons who were taken to hospital
to rescue workers who have departed from the scene.
(vi) Identify all persons at the explosion scene and coordinate with the photographer to film the
crowd and vehicles in immediate and general areas.
(vii) Record description and time of sounds, color of smoke and any odors noticed by witnesses.
(viii) Question the witnesses and record facts pertaining to the general activity at the scene to the
explosion.
(ix) Question the witnesses and record facts pertaining to anything unusual about the activity or
any facts concerning unidentified packages, items, persons, or vehicles.
(x) Reconstruct the immediate area activity and coordinate with the team leader and other
investigators.
f) Immediate Area Search Unit:
(i) Select and assemble equipment.
(ii) Stay alert for structural hazards, secondary devices and entrapment devices, before and
after entering blast area.
(iii) Locate seat of explosion or point of fire origin.
(iv) Coordinate the schematic artist and photographer before disturbing the crater or
immediate blast area.
(v) Measure and record the size, depth and shape of the crater or damage.
(vi) Collect samples from the blast seat and retain necessary control samples.
(vii) Search and sift the seat of the explosion for device components.
(viii) Divide the immediate area into a search pattern and make a methodical search. Search
from the seat of the explosion to an expanded area that overlaps with the generals area search
unit.
(ix) Individually record and package evidence found and follow routine procedure with the
photographer, schematic, and the evidence technician.
(x) Reconstruct the immediate area scene and coordinate with the team leader and other
investigators.
g) General Area Search Unit.
(i) Select and assemble equipment and coordinate search pattern.
(ii) Stay alert for structural hazards, secondary and entrapment devices.
(iii) Check all surroundings buildings, vehicles and object for damages by missile from the explosion
and mark these locations for the photographer and the schematic artist.
(iv) Search the area of ingress and egress for associative evidence, such as footprints, tire tracks, torn
clothing, blood, hair, fingerprints or other evidence that may relate to suspect(s).
(v) Search the area for evidence from the explosion.
(vi) Search rooftops and trees or other high places that may have caught debris from the explosion.
Document blast effect and glass breakage in surrounding area.
(vii) Determine the extent of the outer perimeter of thrown missiles and evidence. Indicate this finding
to the schematic artist, photographer and the explosive technician.
(viii) Adjust the outer perimeter of the search pattern as necessary.
(ix) Individually record and package the evidence found. Coordinate this with the evidence
technician, schematic artist and photographer.
(x) Reconstruction the general area scene and coordinate with the team leader and other
investigators.
h) General Area Investigative Unit.
(i) Select and assemble investigative equipment.
(ii) Review maps and evaluate ingress and egress and select a methodical pattern for any
canvassing the area.
(iii) Determine the possibility of deliverymen being in the area and make a list of their names
and address for follow-up interview.
(iv) Canvass the neighborhood for witnesses.
(v) Canvass business premises that may be related premises to ingress and egress, such as
all-night service stations, cafes, fast-food restaurant, etc.
(vi) Prepare a suspect list with necessary facts relating to the investigation.
(vii) Record description of the suspect premises for future use.
(viii) Check sources of device components/materials recovered at the crime scene.
(ix) Follow team leader assignments as developed from the scene and make overall
evaluation from conferences.
(x) Maintain communication with the team leader and coordination with other investigators.
i) Forensic Chemist:
(i) Select and assemble equipment.
(ii) Conduct preliminary walk-through of the scene with explosive technician and team
leader.
(iii) Assist team leader in evaluating the situation and discuss the method of approach.
(iv) Assist General Area Search Unit where appropriate.
(v) Assist Immediate Area Search Unit.
(vi) Coordinate with national and local laboratory personnel as appropriate.
(vii) Act as technical adviser for all laboratory-oriented questions arising at the scene.
(viii) Conduct field test where appropriate.
(ix) Assist the evidence technician and team leader in the evaluation of collected evidence.
(x) Assist the evidence technician with proper packaging for submission to the laboratory.
j) Explosive Technician
i) Select and assemble equipment.
ii) Accompany team leader on walk-through to provide a technician evaluation
and assessment of the fire/explosion scene.
iii) Establish scene parameters.
iv) Identify seat of explosion of point of fire origin.
v) Assist the General and Immediate Area Search Units.
vi) Technically evaluate investigative information and recovered materials.
vii) Determine whether the incident was criminal or accidental.
viii) Reconstruct the sequence of occurrences and physical evidence.
ix) Prepare statement regarding technical determination.
x) Prepare statement regarding technical determination.
B. Safety Precaution for the Handling of Home-Made Bombs.
1. Preliminary Statement.
Upon the discovery of a bomb or suspected bomb, the function of the private
citizen should ordinarily be limited to warning all persons in the bomb area
and notifying the proper authorities.
The problem presented to the law enforcement officer is much more difficult.
He is concerned both with the protection of human life and property, and with
the removal of the bomb menace and subsequent investigation to establish the
identity of the perpetrator. However, the primary importance of human life,
including his own, should be the controlling factor in his efforts to dispose of
the bomb.
No person other than a trained explosive expert should attempt to dismantle a
suspected bomb.
2. Initial Steps.
a) Clear the danger area of all occupants.
b) Get the service of an explosive expert.
c) Avoid moving any article or object which may be connected with the bomb or act as
trigger mechanism.
d) Establish an organized guard outside the danger area.
e) Shut off power, gas and fuel from leading to the danger area.
f) Remove flammable materials from the surrounding area.
g) Notify the local fire department and rescue squads.
h) Arrange for stand-by medical aid.
i) Obtain mattresses, sandbags, other similar baffle devices for protection against flying
fragments.
j) Check and have available fire-extinguishing equipment.
k) Arrange for use of portable X-ray equipment, if the use of such is deemed advisable by
the explosive expert.
3. Control Action.
a) A suspected bomb should be dealt with the fullest possible measure of
control before attempts to disable it are made.
c) Sandbags should be used to surround but not to cover the bomb to direct
the force upward and downward rather than laterally over adjacent areas.
IF piled between the bomb valuable items or critical points, it would afford
some protection and should receive some consideration.
b) Destroy the bomb where it is found rather than risk the danger of moving
it. This course of action is especially recommended if relatively little property
damage would result.
d) Burn or explode the package, where rifle fire is not advisable, by placing
kerosene-soaked rags or paper around it and igniting the rags or paper.
e) Withdraw at safe distance from the bomb after the rags or papers have
been ignited.
5. Moving the Bomb.
When it is deemed advisable to remove the bomb rather than explode or burn it where it is, a number of
factors should be considered. It must first be determined , as much as possible, whether the bomb is a
TIME or TRIGGER bomb.
a) Time Bomb explodes automatically at a present time.
i) It is activated by a clock mechanism though it may be set off by some chemical delay device.
ii) It is seldom sent through the mails, though this possibility does exist.
iii) It may be directed against either persons or property.
iv) Not all times bomb contains clock mechanism.
v) If a mechanism is used, it may be detected by placing a microphone, the package and listening
with the aid of an amplifier placed some distance from the bomb.
b) Consideration:
i) Determine the method of approach and the entry.
ii) Reconstruct the offender’s activities at the scene.
iii) Find out if there were attempts to destroy evidence or conceal the
offense.
iv) Gather evidence on the type of transportation used.
v) Gather evidence to determine the method and route of exit and flight.
This may provide leads to the offender.
3. Carnapping.
a) What is meant by the term “carnapping”? How is it committed?
“Carnapping” is the taking, with intent to gain, of 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 (Sec 2, RA 6538).
D. Clearance to rebuild/assemble:
I) Affidavit stating the circumstances of rebuilding /assembling of a unit from down parts.
ii) Dealer’s receipt of all the parts involved.
iii) The LTO’s Certificate of Dealer’s Report to LTO covering the chassis/engine.
4. (Qualified) Theft of Motor Vehicles. Consider the following:
b) Drive safely in going to the accident scene. Be alert for cars leaving the
scene. It might turn out to be a hit-and-run case.
9. Duty of a Police Officer in Time of the Traffic Accident.
a) Protect life and property.
(i) Render whatever aid is necessary to the injured persons.
(ii) Take steps to prevent further destruction (like fire and other
hazards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names of persons present. In case of loss of property
belonging to the injured or dead, you may need these persons to
protect the good name of the PNP.
b) Protect the accident scene.
(i) Prevent physical evidence from being lost or destroyed.
(ii) Photographs should be taken before the physical evidence s removed.
(iii) First things first. Location and position can be marked off first and measurements taken
later.
c) Protect other properties.
d) Determine the cause of the accident.
(i) Determine why it had occurred.
(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusions derived from physical evidence.
(vi) Identify evidence regarding the behavior –of individual drivers.
(vii) Determine the responsibility of BOTH drivers.
e) Locate drivers and witnesses.
(i) Get driver’s license.
(ii) Get the names and other details concerning persons who might have
witnessed the accident. Start with the ones who appear to know something of the
accident.
(iii) If the drivers are at the scene of the accident, make it a point to separate
them
b) Some Police Departments have their officers skid a vehicle to a stop from the legal
speed limit, if this can be done safely, and compare the skid-marks with those in the accident.
c) Some would draw conclusions from tests based on physical calculation.
3. Preliminary Steps.
a) (Refer to checklist on Accident Investigation)
b) Obtain the best possible description of the car and driver.
(i) A good description may be obtained from partial description given by witnesses.
(ii) Get the license plate and any unusual features of the vehicle.
(iii) Concentrate on the car’s description first.
(iv) Dispatch initial description and all subsequent information to the Headquarters and to
police agencies that may assist in spotting and stopping the suspect vehicle.
(v) Broadcast descriptions of the suspect car and driver to all police units and offices.
(vi) Try to determine the damage to the fleeing car.
c) Appeal for information through local newspapers, radio, TV, etc.
d) Carefully search the hit-and-ruin scene for physical evidence.
(i) These may include broken glasses and fragments, hubcaps, paint scrapping from hit-and-
run car, other evidence such as dirt from subject car, radiator ornament, etc.
(ii) Carefully preserve and label all evidence found at the scene.
(iii) Request laboratory study of evidence (Refer to Scientific Aids in Criminal
Investigation).
(iv) Watch out for the possible return of the hit-and-run driver to the scene of the accident.
This has been known to happen.
e) The victim.
(i) Check his clothing; other parts of his body; tire marks, grease, paint chips, fragments,
and such things that might have been on him by the suspect car.
(ii) If the victim is killed, get sample of uncontaminated blood from him at the morgue and
samples of hair, skin, etc.
(iii) Collect and preserve for laboratory examination the clothes, shoe and other items he was
wearing at the time of the accident.
4. Follow-up Investigation.
a) Interview persons along the route taken by the hit-and-run driver; also operators of
filling stations and garages.
b) Canvass parking lots and other filling stations and garages.
c) Return to the accident scene at the same time on subsequent days and on the same day of
the following weeks to obtain additional witnesses such as delivery men operating on scheduled
routes.
d) Follow up phone calls to garage and dealers of auto parts.
e) Continue appealing for information through the press, radio and TV.
5. Search for Suspect Car.
a) Look for physical evidence, such as latent fingerprints, pieces of clothing, marks,
damaged parts, dirt, hair, blood, etc. which will identify the car as that involved in the hit-and-
run accident.
b) Search the undercarriage of the suspect car. Determine also if there is indication of
disturbance in the grease or dirt adhering to it.
c) Make a careful investigation for replaced parts.
6. Interview of Suspects.
a) Obtain a signed statement if you can.
b) Get a full account of suspect’s whereabouts and write it down just in case he refutes it
later.
c) Approach and apprehend the driver of the suspect car as soon as his identity and
whereabouts are ascertained.
d) Place the driver in a defensive position by properly directed questions upon approach.