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CHAPTER

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.

2. Raid Defined. A raid is a surprise invasion of a building or area. It is a


small-scale attack of a limited territory.
 Legal basis. 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 a felony when it is known that the felony has just been
committed.
 b) Investigator’s / operative’s conduct.
(I) Be natural and pleasant but forceful and aggressive.
(ii) Dominate the situation.
(iii) Voice must command authority.
(iv) Demand prompt and absolute obedience.
(v) Nervousness should be controlled.
(vi) Avoid acting “tough” as the subject will be first to detect it.
(vii) Avoid profanity ( this reflects personality weakness.)
(viii) Avoid being reticent or apologetic.
(x) Investigator in charge does the talking and gives the command.

 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:

1. Confession Defined. It is the declaration of an accused


expressly acknowledging his guilt of the offense charged. (Statutory
Definition.)
Confession is an express acknowledgement by the accused,
in a criminal case, of the truth of his guilt as to the crime charged, or
of some essential part thereof. (U.S. Vs. Tea, 23 Phil. 64)

2. Effect of Confession. The confession of the accused may be


given in evidence against him in the investigation or trial of the
offense with which he is charged.
3. Types of Confession:
a) Judicial confession or confession in open court.
b) non-judicial confession, which is also called “out-of-court” or
extra-judicial confession. This kind of confession is inadmissible unless
corroborated by proof of corpus delicti.
c) Involuntary, which is a “forced” confession, and therefore
inadmissible in evidence.
d) Voluntary, when the confession was not induced by promises
of benefit or reward, or by force, violence, threat, intimidation, duress, or
any other means which vitiates the free will of the accused. A person
who confesses that he committed a crime in effect waives his right to
remain silent. therefore, for the confession to be valid, it must not only
be voluntary, but also in writing and made with the assistance of
counsel of his own choice, with full understanding of the consequence
of such confession.
4. When is a Confession Inadmissible? No person shall be compelled to be a witness
against himself. Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If he cannot afford the service of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel. No force, violence, threat, intimidation, or any other means which vitiates the free
will shall be used against him.
 Any confession obtained in violation of the foregoing shall be inadmissible in evidence
against him. furthermore, the officer who secures a confession in violation of any of these
rights may be held liable for damages under Article 32 of the Republic Act no. 386.
 Admission Defined. It is a voluntary acknowledgement in express terms or by
implication, by a party in interest or by another by whose statement he is legally bound,
against his interest, of the existence or truth of a fact in dispute material to the issue.
 Distinguished From Confession. A Confession is a voluntary statement either oral or
written, made by a person charged with the commission of a crime to another person
wherein the suspect admits participation in, or commission of, the criminal act, while an
admission is a statement by the accused regarding facts pertinent to crime. The latter tends,
in connection with proof of other facts, to prove the suspect’s guilt. To be admitted as
evidence, an admission must relate to relevant and material fact. a confession is only
admissible against the confessor while an admission may be used even against a co-
defendant.
Chapter 3
INTERVIEW AND INTERROGATION

 A. INTERVIEW

1. Interview Defined. – An interview is the questioning of a person believed to


posses knowledge that is of official interest to the investigator.

2. Importance of Interview. – Interview in crime investigation is very importance


as the person interviewed usually gives hi account of an incident under
investigation of offers information concerning a person being investigated in his
own manner and words.

 Basic Assumption: Nobody has to talk to law enforcers. No law compels a


person to talk to the police if he does not want to. Therefore, people will have to
be persuaded, always within legal and ethical limits, to talk to law enforcers.
This makes interviewing an art.
INTERROGATION
IN GENERAL.
Interrogation Defined. – An interrogation is the questioning of a person
suspected of having committed an offense or of a person who is reluctant to
make a full disclosure of information in his possession which is pertinent to
the investigation.
Purpose of Interrogation:
a) To obtain information concerning the innocence or guilt of a suspect.
b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence such as
documents or weapons.
f) To learn the identify of accomplices.
g) To develop information which will lead to the fruits of the crime.
 Interrogation Techniques. -- The following are some of the techniques practiced by
experienced investigation.
a) Emotional Appeals – Place the subject in the proper frame of mind. The investigator should
provide emotional stimuli that will prompt the subject to unburden himself by confiding.
Analyze the subject’s personality and decide what motivation would prompt him to tell the
truth, then provide those motives through appropriate emotional appeals.
b) Sympathetic Approach – The suspect may feel the need for sympathy of friendship. He is
apparently in trouble. Gestures of friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect will confess if he is treated
in a kind and friendly manner.
d) Extenuation – The investigator indicates he does not consider his subject’s indiscretion a
grave offense.
e) Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not
the sort of person who usually gets mixed up in a crime like this. The interrogator could tell
from the start that he was not dealing with a fellow who is a criminal by nature and choice.
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 luck in gambling.
f) Mutt & Jeff -- Two (2) agents are employed. 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.
CHAPTER IV

METHODS OF DETECTING DECEPTION

 Methods involving the use of scientific devices that record psycho physiological
responses, these methods include:

 WORD ASSOCIATION TEST

 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.

 PSYCHOLOGICAL STRESS EVALUATION

 PSYCHOLOGICAL STRESS EVALUATOR is a device that detects emotional stress


in a person’s voice.

 MICROTREMORS refers to the low amplitude oscillation of the reflex mechanism


that controls the length and tension of a stretched muscle.

 TREMOR is believed to be a function of the signals to and from motor neurons.


RECORDING OF THE PSYCHO-PHYSIOLOGICAL RESPONSE

 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.

 The autonomic nervous system is composed of two complimentary branches:


the sympathetic and the parasympathetic nervous system, acting opposite each other.
The fibers of both enervate all organs where self-regulation is essential.

 When a person is under the influence of physical (exertion) or emotional


(anger, excitement, fear, lie detection, etc.) stimuli, the sympathetic will dominate and
over-ride the parasympathetic, thus, there will be changes in the heart rate, pulse rate,
blood pressure, respiratory tracing, psychogalvanic reflexes, time of response to
question, voice tracing, etc. The parasympathetic nervous system works to restore
things to normal when the conditions of stress have been removed. It is the dominant
branch when the condition is normal and the subject is calm, contented and relaxed.
POLYGRAPHY

 A modern scientific examination technique in detecting deception whether the subject


is telling the truth or not with the use of polygraph machine

ADMINISTRATION OF TRUTH SERUM

 TRUTH SERUM acts as depressant on the nervous system. In this method,


common drugs used are hygiene hydro bromide and scopolamine. Truth serum is use in
locating the suspects and stolen items.

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

 It is the technique of inducing a person into a state of consciousness whereby he can


respond to questions and is very susceptible to question. HYPNOTISM is an act of inducing
hypnosis to dazzle or overcome by suggestion.
INTOXICATION WITH ALCOHOL

 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”.

 new sophisticated techniques

 Computerized Voice Stress Analysis

 Brain Scanning

 Iris Analysis

 Functional Magnetic Resonance Imaging

COMPUTERIZED VOICE STRESS ANALYSIS

 Voice stress analyzer purportedly detect physiological microtremor in


speech and convert those components to a graphical representation of experienced
by the subject.
7. BRAIN WAVE FINGERPRINTING
Neuroscientist Lawrence Farwell who is
managing a Brain Wave Institute, Iowa, patented
this technique in 1985. Dr. Farwell’s research,
however, looks at a specific type of electrical
brain wave, called P300, which activates when a
person sees a familiar object.
 SCIENTIFIC OBSERVATION OF LYING PERSON

The following are the psycho-physiological sign and symptoms of guilt:

1. SWEATING – accompanied with a face indicate anger, embarrassment or extreme nervousness.

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.

4. EXCESS ACTIVITY OF THE ADAM’S APPLE

5. FIDGETING – a suspect may be constantly moving about in the chair, pulling his ears, rubbing his
face, etc.

6. PECULIAR FEELING – there is a sensation of lightness and the subject is confused.

7. SWEARING TO THE TRUTHFULNESS OF ASSERTION

8. RELIGIOUS MAN AND/OR SPOTLESS PAST RECORD

9. INABILITY TO LOOK AT THE INVESTIGATOR STRAIGHT IN THE EYE


METHOD OF THE ORDEAL, TRIAL OR JUDICIUM DEI

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.

RED HOT IRON ORDEAL

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

A test of deception, this ordeal is in use in modern Africa. During explorations


in British Africa a Barotso native in her retinue stole calico cloth form her supplies,
and to find the thief she allowed the natives to employ a test which had previously
been outlawed along with local witchcraft.

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.

 BOILING WATER ORDEAL (Athelstan, King of England)

The accused will lift a stone out of boiling water.

This is still practice in one place in Cordillera

COLD WATER ORDEAL

The usual mode of trial for witchcraft.


 ORDEAL OF RICE CHEWING

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

ORDEAL OF THE RED WATER

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

ORDEAL OF THE CORNSNAED (ORDEAL BY BLESSED BREAD)

- 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.

ORDEAL BY HEAT AND FIRE

The accused considered innocent when he is unharmed while walking through


the fire

TRIAL OF THE CROSS

The accuser and the accused were placed under the cross with their arms
extended or crosswise and the first to fall was held guilty.

TRIAL OF THE WAXEN SHIRT

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

1. Direct Denial- is a lie that results to emotional disturbance.

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

Panic Liar- decides to circumvent the truth in order to avoid humiliation


consequences of his confession to himself or to his family.

Occupational Liar- one who is being paid to tell lies.

Tournament Liar- His view is that telling lies is one form of contest.

Ethnological Liar- is a person trained to lie.

Psychopathic Liar- is an individual who has no conscience.

Pathological Liar- is a sick person who tells a lie simply because he


cannot distinguish what is right from what is wrong.

Black Liar- is one who enjoys pretending and better known as hypocrite.
TYPES OF RESPONSE

1. INTERNAL RESPONSE

2. EXTERNAL RESPONSE

KINDS OF INTERNAL RESPONSE

1. palpitation of heart may be rapid or slow

2. dryness of the mouth

3. lump in the truth

4. sinking feeling in the fit of stomach


2. Postural reaction:

a. inability of the subject to look straight

b. excessive activity of the Adam’s apple

c. dryness of the mouth

d. fidgeting with the fingers tapping or

drumming on the chair or table

e. peculiar monotone of the voice

f. exhibiting a state of uneasiness


Chapter V

INVESTIGATION OF GRAFT AND CORRUPT PRACTICE CASE


1. Preliminary Statement. In the investigation of graft and corrupt practices case, reference
should always be made to Republic Act no. 3019 in relation to Republic Act No. 1379. R.A.
3019 enumerate and defines those acts punishable under it, whereas R.A. 1379 provides the
procedure for the forfeiture of certain property in favor of the government.
Pertinent provision of the above-cited laws include:

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

a) Procedure for Obtaining Requested Standard:


(i) Obtain at lest 25 to 30 specimen signatures.
(ii) If inquiry pertains to extended handwriting, dictate at least 5 to 6 pages of material,
including approximately one page which is repeated three (3) times.
(iii) If possible, have writer make out specimen checks or receipts aside from his signature.
(iv) If questioned signature are in ink, have suspect write with a pen; if in pencil, with a pencil.
(v) Require suspect to write each signature on separate sheets of paper or forms.
(vi) Provide paper forms of the same size, shape, composition and ruling as the questioned.
(vii) Whenever possible, always interrupt preparation of standard once or write for rest
periods.
(viii)Provide normal writing conditions. If questioned. If writing is known to have been
executed under unusual conditions, obtain some standard under similar conditions.
Chapter VII
HOMICIDE (Generic) INVESTIGATION
1. Places of Importance.
a) The crime Scene. Make a methodical and thorough search.
b) Avenues of Approach. How did the search(s) arrive?
c) Avenues of Escape. Investigate and search along this route.
d) Places where victim was seen immediately preceding his death. Who was
he with? What was he doing? Was this customary? Get the time.
e) Places where suspect claims he was; places where ha was seen prior to,
during and after the crime was committed for the purpose of checking his
alibi.
f) Places where evidence can be found. Weapons or poisons, etc. Where can
they be obtained? Where can they be hidden?
g) Other places as indicated by the peculiar circumstances of the case.
Times of Importance.
a) Time when fatal injury was inflicted. You have to put the suspect(s)
at the crime scene at this time by admissible evidence.
b) Time of incapacitation.
c) Time of death.
d) Time body was discovered.
e) Time crime was reported.
f) Time of arrival of police at the scene.
g) Time victim was last known to be live.
h) Times relative to victim’s movement preceding death.
i) Times relating to suspect(s) movements.
j) Times relating to police activity.
Persons of Importance .
a) Victim. What is his history? His relationship with other people?
b) Witnesses. Get their statement without delay.
c) Suspects. Eliminate them if there is absolutely no evidence against
them, or thoroughly tie them to the case by penetrating investigation.
d) Person who reported the crime. Remember that he probably has key
information. Check out his statement.
e) Alibi witnesses. Exhaustive interview is necessary. Check and re-
check their stories. Let them account for their time. Background
investigation may be necessary.
f)

Persons who stand to gain by the death. This is a touchy thing. Be


circumspect in your approach.
g) Relative and other sources of information.
Things of Importance.
a) Body of the deceased.
b) Belonging of the deceased. Here, we may find
motive.
c) Items of evidence should be legally obtained
and carefully preserved.
d) Weapons. Locate, list and record then as
evidence.
e) Means of transportation.
f) Sound, shots, scream, arguments. Or failing
objects.
Terms Encountered in Homicide.
a) Homicide -- The killing of one human being by another.
b) FratrSororicide – The act of one who kills his or her own sister.
c) icide – The act of one who murders or kills his own brother.
d) Matricide – Murder of a mother by her own child.
e) Patricide – The act of one who kills his own father.
f) Parricide – The act of one who murders a person to whom he is related such as his parent,
spouse, or child. This is a generic term.
g) Infanticide – The killing of an infant less than 3 days old.
h) Suicide – Taking one’s own life voluntarily and intentionally to death.
i) Uxoricide – Act of one who murders his wife.
j) Regicide – The killing or murder of a king.
k) Vaticide – The murder of a prophet.
l) Euthanasia – Mercy killing or the act or practice of painlessly putting to death persons suffering
from incurable and distressing disease.
m) Aborticide – Act of destroying a fetus in the womb. Better known as “abortion”.
n) Homocide – Not the killing of a homosexual but a misspelling of homicide.
Time of Death Estimates in Homicide Investigations.
a. Algor Mortis (Body Cooling)
General Rule: 1.5°/hr when room temperature is about 70°/hr.
Dr. Simpson: 2.5 °/hr for the 1st 6 hrs and an average of 1.5 to 2 ° loss/hr
over the 1st 12 hrs.

Factors: Body temperature at the time of death; body; clothing or covering;


environmental temperature.

b. Rigor Moris (Stiffening of Muscles Tissue)


General Rates (Average clothed adult; observed in small muscles first);
Factors: Body temperature at death high/low environmental temperature
(heat hasten, cold retards); strenuous muscular activity; emotional
excitement.
a) Livor Mortis:
(i) Rate:
 Visible – ½ to 4 hours
 Well-developed – 3 to 4 hours
 Maximum – 8 to 12 hours

Factoras: Ciculatory failure; chronic anemia or acute


blood loss;carbon monoxide poisoning cyanide poisoning,
case of rapid cooling; “Tardieu’s Spots” petechiae (over-
congestion of blood in capillaries).
Handling the Suspect.
 If the suspect is at the crime scene, do not advise him of his constitutional rights unless he is to
be questioned there immediately for evidence of his own guilt to be used against him in court.
a) Obtain the following evidence from the suspect:
(i) The suspect’s clothing should be photographed, marked and sent to the laboratory.
(ii) Any scratches on the suspect should be photographed.
(iii) Fingernail scrapings should be obtained.
(iv) Take blood samples from the suspect in a medically approved manner and with proper legal
justification.
(v) Take hair samples.
(vi) Acquire handwriting samples when applicable.
(vii) Have the fingerprint technician check the paper money which may have been taken from the
victim house for the victim’s house for the victim’s fingerprints.
(viii) Check the suspect’s personal effects very closely for items of evidentiary value.
(ix) Obtain teeth mark impressions when appropriate.
(x) Semen samples in rape or rape with homicide cases should be obtained medically not by
hand.
(xi) Consider polygraph examination.
1. Body and Post Mortem.
a) Someone should be designated to accompany the body from the scene to the
autopsy. If the victims is alive, a dying declaration can be taken en route to the
hospital.
b) An investigating officer should remain at the autopsy to prevent the embalming of the
body and to prevent any one from touching or removing any of the clothing from the
body until the pathologist arrives. He should also be able to make a detailed report
to the homicide commander regarding the finding of the pathologist. He will be
expected to convey details of the crime scene investigation to the pathologist and, if
the defendant has made a statement that the victim was in a certain position, this
should be related to the pathologist.
c) Whenever possible, request that a crime laboratory technician attend the autopsy.
The technician, the detective and the pathologist can contribute a great deal to the
successful outcome if they share their knowledge at one of the most important
stages of the investigation – the autopsy.
d) The photograph of the position of the body at the crime scene can be a value aid to
the pathologist in determining whether the location of the post mortem lividity is
consistent with the position of the body as depicted in the in the photograph.
e) At the autopsy:
(i) Obtain a blood sample from the victim.
(ii) Collect the victim’s clothes, mark and preserve them as evidence.
(iii) Take fingernail scrapping from the victim if not previously done.
(iv) Ask the laboratory technician to check wound to compare with the weapon used.
(v) Obtain hair samples (from wounds and all areas of the body.)
(vi) Obtain all semen from the vaginal canal.
(vii) Check the breast for saliva in rape with murder cases.
(viii) Check for the bloody fingerprint and other evidence on the body of the victim.
(ix) Have the victim finger, palm and foot printed.
(x) Take color and black-and-white photographs.
(xi) Rectal temperature should be taken.
(xii) Teeth mark impression should be made where applicable.
(xiii) Have the lab technician check the body for powder burns and residue.
(xiv)Ask the pathologist for an opinion regarding the suddenness of death, time of death, the
possibility of movement after death, the sequence of shots, the direction and possible trajectory
of the bullet, etc.
(i) Look for wounds in the eyes, hairy surfaces, mouth, ears,
nose, rectum, vagina.
(ii) Consider utilizing X-ray techniques to establish the depth of
stab wounds and the shape of the instrument inflicting the
injury.
(iii)In stabbing cases, have the body X-ray for a possible broken
tip from the weapon, where applicable.
(iv)Obtain body organs in case of death by poisoning.
(v) Take feces sample when needed.
(vi)Be ready to give the pathologist detailed information from the
scene.
(vii)Remove the victim’s rings and other personal property.
Chapter VIII

INVESTIGATION OF KIDNAPPING FOR RANSOM


1. Prosecution.
a) Avoid any indication that law enforcement officers have been informed of the kidnapping.
b) Avoid publicity of any kind. Knowledge on the part of the kidnappers that the police are
working on the case or that it has become public knowledge could cause them to panic
and to make a wrong decision which could endanger the life of the victim.
c) Contacts by law enforcement officers with relatives of the victim should be in a neutral
place to avoid detection of police investigation.
d) If law enforcement officers are positive that the case in question is kidnapping, and not an
ordinary “ missing persons” case, investigation especially those relating to the identifies of
the suspects, their associates their habits, activities and movements, their physical
description, etc., should be done with utmost secrecy.
e) If the foregoing step (letter “d”) might endanger the life of the victim, it is better to freeze all
investigative activities until the victim’s relatives hear from the kidnappers. Always
remember that in kidnapping, the safety and security of the victim is the primary
consideration.
2. When Demand for Ransom is Made by Telephone.
a) Steps should immediate be taken to illegally record all
telephone conversation with any member of the kidnapping
group.
b) Make necessary legal arrangement to trace calls made by
the kidnappers.
c) Covert surveillance of all places where telephone calls were
made should be conducted. Instruct the victim’s relatives to
prolong the conversation with the kidnappers to get as much
information as possible (such as background noise,
intonation, peculiarity of speech, caller’s age, sex, exact
words used, etc.) without, however, inviting suspicion that
the relatives are acting upon orders of the police.
d) KIDNAP CALL REPORT.
If you received a kidnap call:
(i) Try to signal someone to listen on another extension.
(ii) Keep the caller on the line for as long as possible.
(iii) Do not antagonize the kidnapper.
(iv) Give the kidnapper a code word for later identification.
(v) Ask:
 Victims Name: ___________________
 Where and when seized: _________________
 Victim’s code Name: ____________________
(i) Ask to speak to the victim.
After call:
(ii) Make a written record of it:
 Caller’s age _____ Sex_____
 Mental State ______________
 Peculiarity of speech
 (lips, accent, etc.) ________________
 Exact words used __________________
 Time call was received ______________
 Extension received on _______________
(i) Notify security office at once.
(ii) Tell no one else about the call.
3. When Demand is in Writing.
Demand for ransom made in writing calls for a careful
handling of the written communication for possible lifting of
latent fingerprint. Hold the later by its edges and save the
envelop in which the note was placed.

4. When Contact is Made with the kidnappers.


a) Instruct the relatives of the victim to request the kidnappers
to show proof that the victims is still alive.
b) Victims relative may ask the kidnappers to reduce the
amount of the ransom.
4. When Contact is Made with the kidnappers.
a) Instruct the relatives of the victim to request the kidnappers to show proof that the victims is still
alive.
b) Victims relative may ask the kidnappers to reduce the amount of the ransom.
5.Agreement re-Amount , Place, Manner of Delivery of Ransom Money.
c) Denomination and serial numbers of the bills must be recorded.
d) The designated place for the delivery of the ransom should as much a possible be placed under
surveillance in such a was as to avoid detection. The purpose of the surveillance are:
(i) To be able to tail the suspect(s) in the hope that he (they) will lead the officers to the hideout.
(ii) To identify the kidnappers for the follow-up investigation.
 The question of whether or not the suspect(s) should be arrested once the ransom money is
picked up would depend on the attendant circumstances and the wishes of the relatives of
the victim.
 As much as possible , the person instructed to deliver the money should be provided with
appropriate equipment or facilities (like wireless transmitter or beeper) to be able to
communicate with law enforcement officers working on the case at any time while
undertaking his mission and thereafter.
c. The kidnappers’ mind demand and instructions as to time, place and manner should be strictly
followed.
6. If victims has been Returned.
a) Conduct the necessary investigation for the identification for the identification and arrest of the
kidnappers.
b) At this stage, all investigative techniques likely to lead to the to the identification and arrest of the
kidnappers should be utilized.
7. The kidnap Victim’s Conduct.
 There are no rules of conduct that a kidnap victim can follow which will assure his or her release or
humane treatment. However, there are some things that a kidnap victim may do which will help to protect
him or her.
a) It is generally best to do what your captor says.
b) Stay calm.
c) Try to establish a dialogue with the kidnappers.
d) Observe/feel all you can about your surroundings.
e) Leave your fingerprints around the room in which you are held.
f) Listen carefully to all conversation of the kidnappers among themselves.
g) If the police assault the building in which you are held, drop to the floor and use any cover you nay find.
h) Never tell the kidnappers that you can identify them later.
 Try to delay matters as much as possible without making the kidnappers suspicious.
Chapter IX
 ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION
A. Estafa and Bouncing Checks.
1. Elements of Estafa.
a) That the accused defrauded another by abuse of confidence,or by means of deceit.
 This elements covers the three different ways of committing estafa under Article 315
of the Revised Penal Code. Take note that Art 315 has three subdivisions,
classifying the different forms of estafa according to the means by which the fraud is
committed, to wit:
(i) With unfaithfulness or abuse of confidence.
(ii) By means or false pretense or fraudulent acts.
(iii) Through fraudulence means.
 These three may be reduced to two only. The first form under subdivision (I) is
known as estafa with abuse of confidence (the abuse of confidence takes the place
of deceit), and the second and the third forms under subdivision (ii) and (iii) cover
estafa by means of deceit.
B. That damage or prejudice capable of pecuniary estimation is caused to
the offended party or a third person.
 This elements is the basis of the penalty. It is necessary that the
damage or prejudice be capable of pecuniary estimation because the
amount of the damage or prejudice is the basis of the penalty for
estafa.
C. Elements of estafa with abuse of confidence (Unfaithfulness):
(i) That there be a false pretense, fraudulent act or fraudulent means.
(ii) That said false pretense, fraudulent act or fraudulent means be made
or executed prior to or simultaneously with the commission of the fraud.
(iii) That the offended party relied on the false pretense, fraudulent act or
fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act or fraudulent
means.
(iv)That as a result thereof, the offended party suffered damages.
D. Estafa through falsification of public or commercial documents.
 When the offender commits on a documents any of the act of falsification under
Article 171 of the Revised Penal Code, as necessary means to commit another
crime, like estafa, theft or malversation, the two crimes form a complex crime
under Article 48. The document, however, must be public, official or commercial.
If the falsification committed to hide the crime of estafa, here are two separate
offenses and falsification.
E. Payment made subsequent to the commission of the crime of estafa does not
extinguish criminal laibility or reduce the penalty, nor does it alter the nature of the
crime.
2. Estafa Through Issuance or Postdating of Checks Without Funds.
a) Elements:
(i) That the offender has postdated or issued a check in payment of an obligation
contracted at the time of postdating or issuance of such check, not pre-existing at
the time of payment.
(ii) That at the time of the postdating or issuance of said check, the offender had no
funds or the funds deposited were not sufficient to cover the amount of the check.
(iii) That the payee has been defrauded.
a) It is still essential that the check must be issued in payment
of a simultaneous obligation, there is no estafa since the
accused obtained nothing for the said check.
b) If a check was issued as a mere guarantee, there is no
estafa since it was not issued in payment of an obligation.
And when the postdated check were intended merely as
promissory notes, there is also no estafa.
c) Good faith is a defense regarding the issuance of such
checks. The payee’s knowledge that the drawer has no
sufficient funds to cover the postdated checks at the time of
their issuance negates estafa.
d) Issuance of the check must be a MEANS to obtain a
valuable consideration from the payee (offended party).
1. The Bouncing Check Law (Batas Pambansa Blg. 22).
 Acts penalized under BP 22 are:
a) The making, drawing or issuance of any check to apply on account or for value, the
drawer knowing at the time of issue that he does not have
b)

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.

B. Bank Fraud Investigation.


1. Preliminary Steps:
a) There must a complaint.
b) Ascertain the possible crime committed.
c) Determine the particular bank transaction(s) involved.
2. Investigative Steps.
a) Determine what document(s) is/are needed to prove the offense, if any.
b) Determine where and how to get them.
c) Get the document (physically) by electro-copying, photographing, etc.,
without delay.
d) Evaluate and analyze the documents’ probative value.
e) Determine the person(s) to be interrogated.
f) Study and formulate the mode and scope of the interrogation. This includes
confrontation and identification of documents by the person(s) under interrogation.
g) Verify and follow up leads furnished by the person(s) interrogated.
h) Apply standard investigative techniques.
i) Collate and evaluate evidence gathered.
j) Prepare the report.
3. Documents Involved in Particular Bank Transactions.
a) Foreign Letter of Credit (L/C):
(i) Application and agreement for commercial L/C.
(ii) Firm offer or pro forma invoice or cable quotation.
(iii) The Letter of Credit itself.
(iv) Offering ticket.
(v) Official receipt (for marginal deposit).
(vi) Check (used in making marginal deposit).
(vii)Cable advise.
(viii)Credit/Debit advice.
(ix) Insurance policy.
(x) Bill of landing.
(xi) Certification issued by the Bureau of Customs.
(xii)Certification issued by the Central Bank.
b) Telegraphic Transfer:
(i) Application for purchase of foreign exchange for miscellaneous
purpose.
(ii) Evidence of indebtedness to support the application.
(iii) Certification issued by the agent’s bank.
(iv) Debit ticket.
(v) Cable advise.
(vi) Telegraphic transfer.
(vii) Credit ticket.
(viii)Official receipt.
(ix)Check used.
(x)Specimen signature.
 c) Real Estate Mortgage Loan:
(i) Loan application.
(ii) Torrens Title and/or tax declaration.
(iii) Inspection and appraisal report.
(iv) Credit investigation report.
(v) Loan approval memorandum.
(vi) Promissory note.
(vii) Real Estate Mortgage contract.
(viii) Deed of Sale of the property used as collateral.
(ix) Board minutes relative thereto.
(x) Check used in the withdrawal of the loan.
d) Encashment of Out-of-Town Check:
(i) Check.
(ii) Remittance slip.
(iii) Teller’s block sheet.
(iv) Clearing and distributing clerk block sheet.
(v) Accountant’s block sheet.
(vi)Monthly reconciliation statement.
e) Time Deposit:
(i) Deposit.
(ii) Certificate of time deposit.
(iii) Check used.
(iv) Teller’s proof sheet.
(v) Teller’s daily record of deposits.
(vi) Check register.
(vii) Posting tape.
(viii) Individual ledger card.
(ix) Withdrawal slip.
(x) Books of accounts.
(xi) Specimen signature card.
f) Demand Draft:
(i) Application.
(ii) Demand draft.
(iii) Cashier’s check.
g) Trust Receipt.
(i) All documents needed re foreign L/C.
(ii) Invoice (only in case of domestic L/C.)
(iii) Draft .
(iv) Trust Receipt.
h) Over Draft Line:
(i) Agreement for advances in current account.
(ii) Bank resolution.
(iii) Collateral used; that is either the Real Estate Mortgage or assignment of deposit.
(iv) Check used by the bank client.
I) Domestic L/C:
(i) Invoice.
(ii) Draft or promissory note.
(iii) Trust receipt.
j) Cashier’s Check;
(i) Application.
(ii) Cashier’s check.
(iii) Check used, if any.

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.

e) It is a well-settled principle of criminal law that a conviction for a crime cannot


be had unless the corpus delicit is established. To established the corpus delicit in arson,
the proof of two elements is required: (1) the burning of the house or other thing, and
(2) the criminal group that caused it.
2. Preliminary Investigation.
a. Examination of the fire scene.
(i) Examination should be thorough.
(ii) Establish the corpus delicit by eliminating all natural or accidental cause.
a) Take photographs of the following:
(i) Exterior elevations.
(ii) Identification of the property.
(iii) Out-building and grounds.
(iv) Interior of the building, room by room, in logical sequence.
(v) Evidence, prior to removal, in close-up and wide angle shots.
(vi) Travel of fire and char pattern.
Note: Photography may be taken with most any type of camera, provided the photos indicate
the scene as the investigator found it. It 8 x 10 glossy, black and white prints, colored slides,
movies and video tapes may be utilized.
b) Sketches:

(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.

 (i) Legal Records – deed, mortgages of real estate and chattels;


lens encumbrances, and his pen dens; vital statistics; local and
national taxes; hospital and mental records.
 (ii) Financial and credit information; building and loan
associations; credit bureaus; charge accounts; public utilities, i.e,
gas water, electricity, telephone; servicemen, i.e. newsboy,
milkman, etc.
 (iii) Employment records, military records, school records,
juvenile court records.
3. Questioning Principal Suspects.
 a) Prior preparation will determine when the investigator should conduct the
initial questioning. All background information pertaining to the suspect and the
matter under investigation should be known to the investigator prior to the interview.
Principal witnesses should be questioned separately. The fewer the investigators
present at the interview (two is an ideal team), the more prone the suspect will be to
divulge information.
 b) Statements.
 (i) Tape-recorded statement should be made on a permanent recording, for their
preservation, to forestall any alterations, and to ensure their availability to the
availability to the court if necessary. Once started, a tape recorder should operate
continuously. If for any reason the record is shut off, the subject should be made
aware of this , and when the recording is resumed, the reason for shutting off the
recorder should noted and the subject should be asked if he was promised any reward
threatened, or forced to continue his statement.
 (ii) When shorthand notes are being taken, the stenographer should
be introduced to the subject. Some investigators request the subject to
initial all pages of the shorthand notes.
 (iii) Statements may be narrative or question-and-answer type. There
may be times when the subject will write his own statement, and this is
desirable.
 (iv) Statements should contain a complete personal history of the
principal subject, associates, complete and accurate account ,of the
purchases, lease or rentals of the involved property, any strikes,
personnel problems, loss of business, neighborhood change, highway
changes, inventory, a complete account of his activities, prior to, during
and after the times of fire., etc.
 4. Motives.
 Itis not essential to prove motive in obtaining a conviction for the
crime of arson. Establishing a motive does help on providing the
reason why the suspect committed the crime. The following
motives for setting fires are well-known to investigators and are
self-explanatory.
 a) Fraud.
 b) Spite – Revenge.
 c) Cover up a crime.
 d) Vandalism – Riots.
 e) Pyromania.
 f) Juvenile delinquency.
 B. Reporting Arson Investigation.
 1. Preliminary Report.
 It is not necessary to go into details in preparing a preliminary report. This report
should be submitted to the supervisor as soon as possible after preliminary
investigation. The report should list the following:
a) Owner – His/Her name and present address.
b) Occupants – Their names and present address.
c) Date and hour of fire.
d) Location of fire, street address, city or municipality, province.
e) Person requesting investigation and date of the request.
f) Brief description of the building as to construction and occupancy.
g) Available insurance date:
(i) Name and address of agent.
(ii) Name and address of adjuster.
h) Investigator’ s conclusion as to cause of the fire. Is it
accidental? Suspicious? Incendiary?
i) Reason for closing the investigation. Accident report may be
concluded with the preliminary report.
j) Reason for continuing the investigation. Note what action is
expected to be taken by the investigator.
k) Date of preliminary investigation.
l) Date of report.
m) This report should contain a resume of the facts and
information obtained during the course of the preliminary
investigation. It should cite the reasons for the investigator’s
conclusions.
2. Final Report.
 The report contains a word picture of all information developed during the investigation. All
materials included should be concise, accurate and complete as it becomes a permanent record
and may be used by prosecutors and attorneys in the preparation of cases for trial.
 a) Case number.
 b) Date of report.
 c) Name, title, address of person requesting investigation and date of request.
 d) Subject: Owner or occupant, and present address.
 e) Date and hour of fire alarm.
 f) Weather condition, wind direction, speed etc.
 g) Complete and detailed descriptions of building: height, construction, type of roof,
wiring, plumbing, heating device, air-condition, fuel, etc. (Attach Sketch). If automobile or
non-structure fire, describe and give the serial number, license number, make, model, etc.
 h) Location of loss. If in the city, give the street name
and number and city name. If rural, give mailing address,
distance and direction from the nearest road intersection,
plot or lot number, etc.
 i) Occupants.
 (i) Dwelling: List names, ages, race, relationship,
present address, telephone numbers, place of employment.
If multiple dwelling, contact all occupants and obtain the
above information.
 (ii) Commercial/Institutions. List names, titles and
addresses of all officers and supervisory personnel.
j) Fire history.
(i) Name address of person(s) who discovered or
reported the fire.
(ii) Fire departments and companies responding
and officers in charge.
(iii) Detailed history of the fire as learned from the
fire officials and firemen. In this paragraph, list any
unusual circumstances observed by firemen in
extinguishing the fire.
 k) Insurance:
 (i) List name, address, telephone number of company, amount of insurance,
date and number of policy and to whom it was issued.
 (ii) Agent’s name, address, telephone number and name of company.
 (iii) Adjuster’s name, address, telephone number and name of company.

 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.

b) If the bomb explodes, reduce the effects of the explosion by practicable


ways such as the use of sandbags and mattresses.

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.

d) Place barricades and should receive some consideration.


4. Disposal.
a) Disposal may be considered after appropriate control action has been taken.

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.

c) Explode or break apart, by rifle fire from behind a barricade at safe


distances, the package containing the bomb or suspected bomb.

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) Trigger Bomb may be set off by.


h) Picking it up;
ii) Inverting it;
iii) Stepping on it;
iv) Opening the lid; or
c) Open-type bomb.
i) Makes no effects to conceal its nature, such as sticks of dynamite tied or taped together, fitted with a
safety fuse and blasting cap; a short piece of pipe loaded with an explosive substances capped at both ends
with a piece of safety fuse portuding from a hole through one of the capped ends.
ii) Can be activated by attaching the electric blasting cap leg wires to an electric current, if the safety
fuse and blasting caps in either or both are replaced with an electric detonator.
iii) Sources of current for testing off an electric blasting cap include ordinary house current, a
telephone, buzzer, bell or flashlight batteries.
iv) Usually placed or thrown.
v) Cannot be sent by mail or express.
vi) Directed against property rather than persons.
vii) To deal with an open-type bomb, most safety fuse cannot e extinguished by water of by stamping
but must be several ahead of the progress of burning. Is detected by a discoloration of the fuse.
viii) U.S.-Manufactured safety fuses normally burn at the rate of 90 to 120 seconds per yard.
ix) Sever the safety fuse well ahead of the progress of burning to render the bomb inactive.
x) Though successful in cutting or removing the safety fuse ( the bomb itself should be treated as an
active one), explosive experts should be called to dismantle the bomb and render it safe to handle.
d) Concealed or disguised bombs.

I)Generally activated by time delay devices or trigger mechanisms.

ii) Any conceivable object of practicable size can be used to disguise a


bomb , e.g. gift packages, cigar boxes, food containers - - an infinite
number of items.

iii) Directed principally against persons.

iv) Should be handled by explosives experts.


6. Types of Explosive Used in the Construction of Home-Made Bombs.
a) Low-order explosives.
j) Black powder.
ii) Smokeless powder.
iii) Volatile vapors.

b) High order explosive.


i) Various grades of dynamite.
ii) Blasting gelatin.

REMINDER: Only technical personnel fully acquainted with explosive devices


should be allowed to Handle, Dismantle and Destroy.
Chapter XII
ROBBERY AND THEFT OF MOTOR VEHICLES
1. Robbery (Hold-up).
a) Place of occurrence.
b) Time of occurrence - - how was the hold-up committed? (Report might be fake or
simulated ).
c) Number of participants in the holdup.
• Number of Suspects.
• Number of victims.
d) Physical descriptions of suspects. (Identify by number , e.g., Suspect No. 1 No. 2, etc)
e) Injuries sustained by victim(s), if any.
f) Common expressions uttered by suspects(s) diction, intonation manner of speech-lisping,
talking though the nose.
g) Number and description of weapons used firearms, bladed or blunt instruments.
h) If victims was taken with the motor vehicle, what was the route taken in the getaway and
where was the victim subsequently released?
i) Description of suspect’s motor vehicle, if any.
j) Complete description (secure copy of registration papers) of victim’s motor vehicle.
k) Other personal effects or articles taken by suspects aside from the motor vehicle.
l) Witnesses to the robbery (holdup).
m) “Carnappers” who take the victim with the motor vehicle sometimes carry on a
conversation with the victim before dumping him in an isolated place. In this conversation, they
sometimes give hints could be pursued should be later decide to pay ransom for the car.
n) Some gangs of “carnappers” have their own modus operandi in committing a holdup.
Some have a favorite dumping place for their victims, e.g. Sucat Road, the Alabang Zapote Rod
for carnappersbased in Cavite; isolated places in San Juan and Mandaluyong for carnappers
based in pampanga (San Fernando Macabebe, Angeles, Guagua, Mabalacat) and Bulacan ( San
Miguel, Plaridel, Baliwag Obando) and Nueva Ecija (Sta Rosa , Gapan, Cabanatuan) the dark
service road of the South Super Hiway (for carnappers based in Cavite and Rizal, Laguna and
Batangas); etc.
2. Theft and Robbery With Force Upon Things.

a) Purpose: Identify and apprehend the offenders and recover as much


stolen property as possible.

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).

b) What are the elements of carnapping?


i) Unlawful taking.
ii) Intent to gain.
iii) Motor vehicle belonging to another.
iv) Lack of owner’s consent.
v) Use of violence against or intimidation of persons, or force upon things.
c) What is a motor vehicle?
“Motor vehicle” is any vehicle propelled by means other than muscular power using the public
highways, but excepting rollers, trolley cars, street sweepers, sprinkles, lawnmowers, bulldozers,
graders, forklifts, amphibian trucks and cranes if not used on public highways; also, vehicles
which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purpose. Trailers having any number of wheels, when propelled or
intended to be propelled by attachments to any motor vehicle, shall be classified as separate
motor vehicles with no power rating. (Sec 2, RA 6538)

d) How can one detect a stolen motor vehicle?


i) Lack of license plate number.
ii) Sporting improvised plate.
iii) If the vehicle appears to be abandoned.
iv) Sporting a fake license plate or stickers.
v) Having no stickers for the currently year.
vi) If the vehicle appears to be haphazardly painted.
vii) If the plate number does not correspond with the year/model of the vehicle.
e) What are the possible signs of such fraud in transactions relating the
transfer of motor vehicle.

The following are the possible signs of such fraud:


j) When the seller cannot present offers to register the motor vehicle in
behalf of the buyer.
ii) When the price is conceivably below the prevailing market price.
iii) If the seller cannot present original copies of supporting documents,
i.e., CR, OR, Deed of Sale, regarding his ownership of the motor vehicle.
iv) Obviously falsified supporting documents.
v) If the sale is through a third party rather than the actual owner
appearing in the CR.
f) How does one obtain a motor vehicle clearance?
Applicants for clearance are required to bring the vehicle desired to be cleared to
HPG Headquarters in the regions/ province for stenciling/macro-etching of its
motor/chassis numbers. At the same time, the applicant must present the
following:

A. Clearance for transfer of Ownership:


i) Xerox copies of the vehicle’s Certificate of Registration.
ii) Deed of Sale.
iii) If the vehicle is covered by an existing mortgage, a xerox copy of the
Chattel Mortgage release or, in the proper case, the deed of sale with assumption
of the mortgage obligation which must bear the conformity of the mortgage.
B. Clearance for original registration:
i) Xerox copy of the Dealer’s receipt.
ii) Xerox copy of the LTO Certificate of Dealer’s Report.

C. Clearance for change of motor/chassis/color:


i) Xerox copy of the vehicle’s CR and latest OR of Payment of LTO fees.
ii) Affidavit of stating the change of motor/chassis color and the circumstances thereof.

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:

a) Where the motor vehicle was stolen.


b) Time when it was parked.
c) Time the car theft was discovered.
d) How was the car possibly taken?
e) Complete description of car. (Get the registration papers, if
possible.)
f) If car was stolen from residence, look for footprints, tire marks
of vehicle used by suspects, tools or implements left behind.
5. Follow-up Investigation.
a) Surveillance of known fences and car repair shops, and exchanges known
to be storage places for stolen (carnapped) vehicles.
b) Identification of the suspect(s) by victim from mug shot in your rogues
gallery or those being kept by other agencies.
c) Gathering of information from informers and informants about past,
present and future activities and plans of known carnappers belonging to the gang
and their names, aliases, physical descriptions, weaknesses (drug-addicts,
fondness for a certain type of gun, fondness for alcoholic drinks and beverages,
etc.) their hang-outs (clubs, barbecue plazas, cafeteria, etc.
d) Gathering of information of favorite storage places and garage of
carnappers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor vehicles:
i) Check registration papers, deeds of sale and other papers (Custom records of
car is imported) concerning the recovered car presented by the possessor of the car
with the LTO etc.
ii) Request Forensic Chemistry Division to have the motor and chassis
numbers and paints examined (to find out whether motor and chassis numbers have
been tempered with and whether it was repainted, and if so, for their restoration and
determination of the original color).
iii) If engine and chassis numbers have not been tampered with, trace the owner
from whom the said car was carnapped or stolen.
iv) Request the owner to present his papers of ownership and conduct an
interview as to the circumstances of the loss; take sworn statement, show mugs shots
of the suspect or present the suspects themselves if they have been arrested ; include,
in the interview questions as to whether the victim has means of identifying the
motor vehicle other than through the monitor and chassis numbers.
v) If motor and chassis numbers have been tampered with, bring the motor
vehicle to the plant of the company which assembled the vehicle to identify the
owner by secret numbers the plant has placed in the car.
vi) If the owner has been identified by this method and by going through the
records in the office of the company, contact the owner, bring him to the office and
follow the procedure above.
vii) Interview the possessor as to the person(s) from whom he acquired the motor
vehicle recovered from him.
viii) Trace this person(s) for questioning and investigation.
ix) If suspect(s) have been arrested, question them regarding the five “W’s” and
one “H” not only regarding the recovered car but also past robberies or thefts
committed by them; question them also on their knowledge of other carnappers and
gangs of carnappers their areas of operation, physical description, names, aliases,
hangouts, residence, etc.
x) Check the records of arrested suspects.
Chapter XIII
MOTOR VEHICLE ACCIDENT INVESTIGATION (Major Accidents)

A. Traffic Accident Investigation


1. Traffic Accident Investigation. Determine WHAT happened, WHO was
involved, HOW and WHY the accident occurred, and WHERE it happened.
2. What is Traffic Accident? It is an occurrence in a sequence of events
which usually produces unintended injury, death, or property damage.
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on
a traffic-way – the ordinary collision between automobiles on a street, road or
highway.
4. Motor VehicleNonTraffic Accident. Any motor vehicle accident which
occurs entirely at any place other than a traffic-way - an automobile accident on
a farm or along a private driveway or thoroughfare.
5. Non-Motor Vehicle Traffic Accident. Traffic accident occurring on a traffic-way,
involving a person using the traffic-way for travel or transportation, but not involving a motor
vehicle in motion collision between a pedestrian and bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that results in unintended injury or property
damage attributable directly or indirectly to the motion of motor vehicle or its load. Include are
accidental injury from inhalation of exhaust gas-fire explosion, discharge of firearm within the
motor vehicle when due to motion of the vehicle, any collision between a motor vehicle and a
railroad train. Excluded are collision of motor vehicle with an aircraft or watercraft in motion,
injury or damage due to cataclysm, and injury or damage due to cataclysm.
7. Direct Causes of Vehicular Traffic Accident.
a) Speed.
b) Driver (attitude or behavior)
c) Vehicular malfunctions.
d) Road conditions.
e) Road hazards.
f) Perception factors.
8. Preliminary Actions.
a) When the officer receive the call:
(i) When and where the accident occurred.
(ii) How serious were the injuries.
(iii) Need for ambulance and other equipment.
(iv) Name and address of the person reporting. He may be an important
witness.
(v) Who witnessed the accident?
(vi) Is there a traffic block?
(vii) Arrange for help, if need- e.g., firetrucks, etc.

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

f) Interview drivers and witnesses.


(i) Conduct each interview separately.
(ii) Do not make conclusions as to responsibility in the presence of drivers
and witnesses.
(iii) Be alert for switches between driver and passenger.
g) Take measurements, and make diagrams and sketches.
h) Identify the precise location where the accident occurred.
i) Obtain equipment to remove damaged vehicle.
j) Evaluate physical evidence.
k) Check the road and vehicle conditions.
(i) Carefully examine road signs, signals, marking and other traffic control devices.
(ii) Examine all moving parts of the vehicle.

l) Make conclusions on the validity of statements.


m) After leaving the accident scene.
(i) Interview the injured at the hospital.
(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all injured persons.
m) After leaving the accident scene.
(i) Interview the injured at the hospital.
(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all injured persons.

n) Action against violators.


(i) Re-examine and asses the evidence.
(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior officers in assessing
evidence and deciding on the most appropriate course of action.

o) Initiate action on the evidence and file the charge.

p) Prepare the report.


B. Calculating Speeds From Skid marks

1. Skid marks as Evidence in Accident Cases.


This is useful several ways other than as identification of the vehicle’s speed.
a) It will show if the vehicle was traveling in the wrong direction of on the wrong
side of the road.
b) It will indicate if the driver failed to observe the right of way.
c) It will also show if the driver did not obey a traffic signal.

2. Procedure Followed by the PNP.


a) The officer submits as evidence in a case the measurements of the skid-marks
and the Court interprets the facts in the light of other evidence.
(i) Some courts require the assistance of an experts.
(ii) Measurement should be accomplished by two men.
(iii) Sketches and photographs with measurement indicated should be made soon after the
accident.

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. Measurement of Skid marks.


a) Should meet legal standards. Officers measuring the skid marks and the distances to
embankment or other fixed construction should verify each others measurements so that they can
corroborate each others testimony in court.
b) Evidence should be presented to show that the skid marks were made by the suspect car.
c) Witnesses should testify in court.
4. Basic Principle in Calculating Speeds from skid marks.
Energy and vehicle speeds. As automobile moving any speed possesses energy . As the speed of
the vehicle increase, the resulting energy ratio of the increase as the square of the ratio of the
increase in speed.
Examples:
20 kph = 40
30 kph = 90
40 kph = 160
5. Stopping a Motor Vehicles.
 Whenever a moving vehicle is stopped, the energy which it possesses at that time must be
expended or spent. It is only when most or all of the vehicle’s energy is expended through
skidding of tire that a vehicle’s accurate calculation may be made of the vehicle’s speed before
the accident.
6. Skid marks.
 The sudden application of brakes which results in the locked wheel condition places such a
great pressure between the brake shoe and the brake drum that frictional force at this point
becomes greater than the frictional force between the tire and the road surface. When this
condition exist, the wheels skids.
7. Coefficient of Friction – Drag Factor.
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.
PS = Test speed squared
30 x braking distance
Where “30” is the gravitational constant in miles per hour. (Transformation of feet per second
to miles per hour.)
8. Reaction Time.

This is the distance traveled before applying the brakes.


a) Divide seconds in an hour (3,600) into feet in a mile (5,280) = 1.467.
b) To determine distance you will travel in one second, 1.467 (1.467 or 1.5) times the speed
at which you are traveling.
c) Time to get foot off the accelerator and slam it on the brakes is ¾ of a second on the
average. The age of the driver should be considered.
d) 1.5 x speed = length in feet covered before brake works for you.
9. Test Runs.
In making calculations for speed s from skid marks, it is often necessary to
conduct one or more test runs, using the vehicle involved in the accident or, if it
cannot be driven, another vehicle of similar characteristics may be used.
a) Conditions should be the same as those existing when the accident
occurred. The character of the road, whether wet or dry, should be the same,
b) Conduct tests on the same road surface and in the same direction.
c) The vehicles speedometer should be checked, and any difference from
accurate calibrations should be noted.
d) A speed consistent with safety, such as 20 or 30 miles per hour, should be
selected for the test run.
e) Brakes should be applied suddenly and as hard as possible when the car is
moving at the selected test speed.
f) The length of each skidmark should be measured.

g) If a brake detonator is available, the total braking distance should


be accurately determined using such equipment, either
mechanically or electrically operated.

h) Generally, it is advisable to conduct two or three test at the selected


speed. The test producing the longest braking distance, that which
favors the defendant most, is generally used in the calculation.

i) To avoid possible differences in the application of brakes by the


driver, it may be advisable to have the driver of the accident vehicle
drive the car in the test run.
Chapter XIV
HIT-AND-RUN ACCIDENT INVESTIGATION
1. Elements of Hit-and-Run.
a) You must prove suspect was driving the vehicle at the time of the accident. Even if you
have witnesses to prove this, get evidence to disprove his alibi.
b) Suspect was involved in an accident resulting in death, personal injury or damage to
property.
c) Suspect failed to stop, give aid or information as to his identity to other person(s)
involved, to police or to anyone at the accident scene; or failed to take reasonable steps to notify
the owner of damaged property other than a vehicle. Do not overlook the possibility of a
simulated second accident to explain damage caused by the first accident.
d) Suspect had knowledge of the accident.
(i) Physical evidence may prove the vehicle figured in the accident.
(ii) Extent of damage to vehicle would preclude allegation of lack of knowledge. If suspect
refrained from using his vehicle for several days since the accident, this would also indicate guilt.
(iii) Guard against claims that the vehicle was stolen to evade responsibility.
2. Classes of Hit-and-Run Drivers.
a) Drunk drivers.
b) Criminal fleeing from the scene of the crime.
c) Improperly licensed drivers, or drivers with no license or with revoked or expired license.
d) Drivers who fear publicity and prosecution.
e) Ignorance of the accident.
f) Insurance or financial reason.
g) Driver who flees in panic.
h) Drug addicts.
i) Juveniles.

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.

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