Review Notes in Criminal Detection and Investigation

FUNDAMENTALS OF CRIMINAL INVESTIGATION- Page 2

ORGANIZED CRIME INVESTIGATION- Page 30

TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION- Page 66

DRUG EDUCATION AND VICE CONTROL- Page 81
FIRE TECHNOLOGY AND ARSON INVESTIGATION- Page 91
POLICE REPORT WRITING (TECHNICAL ENGLISH)- Page 121
SPECIAL CRIME INVESTIGATION- Page 123

1-1-
 FUNDAMENTALS OF CRIMINAL INVESTIGATION
Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts concerning
the matters involved.
                        - it is the process of inquiring, eliciting, soliciting and getting vital information, facts,
circumstances in order to establish the truth.

The word “investigation” came from the latin word “vestigare”, which means “to track or to trace”.

Criminal Investigator - a public safety officer who is tasked to conduct the investigation of all
criminal cases as provided for and embodied under the revised penal code, criminals laws and
special laws which are criminal in nature.
      - a well-trained, disciplined and experienced professional in the field of criminal investigation.

Custodial Investigation - investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action.

Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases which is
often overlooked. The objective is to identify and interview in person all individuals in the area where
the victim was kidnapped or last known sighting area during the window of opportunity.(last time seen
until the time discovered missing.

Crime scene - a venue or place where the alleged crime/incident/event has been committed.

Corpus delicti - (latin for the body of the crime) - used to describe the physical or material evidence
that a crime has been committed. ex. corpse of a murder victim.

Confession - is an express acknowledgement by the accused in a criminal prosecution of the truth of

his guilt as to the offense charge.

Admission - refers to statement of facts not directly constituting an acknowledgement of guilt.

Physical evidence - evidenced addressed to the senses of the court that are capable of being
exhibited, examined or viewed by the court. This includes but not limited to fingerprints, body fluid,
explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts used in the commission
of the crime.

Victimology/victim profiling - a detailed account of the victims lifestyle and personality, assist in
determining the nature of the disappearance, the risk level of the victim and the type of person who
could have committed the crime. Complete information regarding the victims physical description,
normal behavior patterns, the family dynamics and known friends and acquintances should be
obtained as soon as possible.
1-2-
Waterboarding - refers to the practice of strapping a suspect to a board with his or her head lowered,
then the face is covered and water is poured over it causing the suspect to gag and experience the
sensation of drowning.

Chinese water torture - interrogation technique, repeatedly dripping water on the forehead of the
suspect. The goal is to drive the suspect to near insanity thereby obtaining a confession.

Serial Killer - is someone who murders 3 or more people with "cooling off" periods in between.

Actus Reus - proof that a criminal act has occurred.

Rouges Gallery - is a police collection of pictures or photographs of criminals and suspects kept for
identification purposes.A compilation of descriptions, methods of operation having places and names
of criminal and their associates.

Mugshot - is a photographic portrait taken after one is arrested.

CRIMINAL INVESTIGATION:

When applied to law enforcement, it is safe to state that crimes cannot be solved on its own unless
the police conducts criminal investigation. Criminal investigation is “the systematic, step-by-step
process of determining whether or not a crime has been committed, and if so, who committed it”.

Since it involves a step-by-step process, it helps to know the different stages involved in the
development of a full blown criminal investigation, these are:

1. Detection – is the fact of discovery. It is the chance event which triggers the operation of our
criminal justice system. This occurs when a possible crime is observed by the police or is reported to
its attention.
2. Preliminary Investigation – the early of initial stage of the investigation immediately after the
occurrence of the crime. This is usually done by first responders or patrol officers who take the
following primary responsibilities on site: i. Deal with emergencies first: - Neutralize all threats -
Render aid to the injured ii. Cordon the crime scene iii. Record all information and disseminate to
available patrol units for possible hot pursuit iv. Wait for detectives v. Make initial/spot report
3. Follow-up Investigation – after the initial investigation, a more thorough investigation is made by
the detectives or investigators in order to tie up the loose ends of the initial investigation or further
build up a stronger case.
4. Re-investigation – in some cases, a reinvestigation is resorted to whenever fatal errors are
committed in the earlier investigations which prevent the closure of the case. This usually happens
when unethical investigative practices are resorted to, thereby requiring re-investigation in order to
prevent a miscarriage of justice. These unethical investigative practices may include:
i. Torture
ii. Planting of evidence
iii. Instigation
1-3-
iv. Frame-up – where an innocent person is made to appear responsible for a crime committed by
another
v. White wash or “cover up” – where officials deny the existence of a crime

NOTE: Criminal Investigation, in whatever stage, is primarily REPRESSIVE. Meaning, it comes into
action only when a crime occurs. Crime prevention is the first line of defense, when it fails, criminal
investigation (the second line of defense) begins. Criminal investigation therefore is reactive, rather
than proactive.
However, if you are asked: Can criminal investigation be possibly considered PREVENTIVE? The
answer is YES. By conducting thorough investigation, the police can prevent the same criminal from
committing future crimes. In this very limited sense, criminal investigation may be considered
preventive.

QUALITIES OF A GOOD INVESTIGATOR

Not all police officers are fit for detective or investigative works. A good candidate for investigative
assignment must possess adequate Intellectual, Emotional and Physical characteristics (Bennet &
Hess, Criminal Investigation, 1995 Edition).
I. INTELLECTUAL CHARACTERISTICS – investigators must be able to sort out facts from fictions in
dealing with various kinds of information. He must learn how to use inductive and deductive
reasoning, use a logical process of elimination, be familiar with the common knowledge and
motivations of men, and be able ask probing questions. He must do all of this while being able to
retain information. On top of this, he must prepare his report in a well arranged case folder. The
investigator also has the initial responsibility to recommend what offense to charge. He therefore
must have a thorough understanding of the penal laws of the land. He is also expected to be well
versed on the procedures for filing of complaint, application for Search Warrant, testimony in court,
making of affidavits, etc. In addition, he must be able to identify the evidentiary value of materials and
information he comes across in the course of his investigation. All of these require more than an
average intellectual capability.

II. EMOTIONAL/PSYCHOLOGICAL – investigators often encounter cases which reveal the worst of
human nature: father raping their own daughters, children killing their own parents, neighbors stealing
from their own community, rapists who ravage and kill their own victims. Investigators who lack
emotional and psychological maturity will find themselves personally affected by the cases they are
handling. If things get too personal for an investigator, he loses his neutrality and objectivity by
becoming too involved in the case.
An emotionally immature policeman may be susceptible to manipulation. Remember, not all
complainants are victims. For instance: A complained that she was raped by B. Human nature
naturally feels sympathy for A, the complainant. But the investigator must not be swayed so easily.
He must be suspicious of the possibility that A is lying and was motivated by revenge, hatred or spite
against B. Thus, a good investigator must have the diligence and professionalism to independently
gather facts. This doctrine is strictly followed by the NBI.

III. PHYSICAL CHARACTERISTICS – the least important but nevertheless desirable characteristic is
the ability to work long hours in the field under challenging conditions. Oftentimes, detectives find
-4-
themselves working in remote areas where there 1are no ready access to food, drinks and medicines.
There are instances where the terrain of the crime scene is physically challenging such as a ravine or
a deep well where the investigator may have to climb up and down. Most of the time, crime scenes
are exposed to the elements, the sun, the rain, chemicals and even infectious bacteria.

GOALS OF CRIMINAL INVESTIGATION

Criminal investigation has the following generally accepted objectives:

1. To determine whether or not a crime has been committed
2. To identify & arrest the suspect
3. To provide the prosecution with evidence necessary to support conviction
4. To recover stolen property

EARLY CONTRIBUTORS

Eugene Francois Vidoque – a former convict who became the head of Surete, which was
recognized at that time as France’s premier detective agency. He is credited for his effective use of
criminals to catch criminals. Vidoque’s unorthodox approach later became a model for John Wilkes
Booth who infamously stated that “it takes a thief to catch a thief”.

Henry & John Fielding – Henry Fielding was a travelling magistrate of England who established the
world’s first uniformed police force in Bow Street, a road notorious for thievery. Also known as
“runners” or “thief-takers”, they conduct patrol and respond to reported incidents. When Henry died,
he was replaced by his blind brother John as head of the Bow Street Runners. This eventually
became a model for the London Metropolitan Police (Scotland Yard) of Sir Robert Peel.

Dr. Hans Gross – father of Criminalistics, he published a book entitled “Modern Criminal
Investigation” which pave the way for Edmund Locard to incorporate modern science to police works.

Edmund Locard – French criminologist, he established the world’s first crime laboratory in Lyon,
France. He expounded Dr. Gross’ theory by stating that “when two object come into contact with one
another, they leave traces of each other behind” (there is always something left behind at the crime
scene). This became known as Locard’s Exchange Principle upon which modern forensic science
owes its theoretical foundation.

Sir Llewelleyn William Atcherly – Chief Constable of West Riding, Yorshire. He pioneered the
recording of M.O. (modus operandi) files as investigative aids that can be used to identify criminals
based on the tools they use, the manner of commission, the time of the crime, and other pertinent
data.

Thomas Byrnes – he discovered that Modus Operandi do not remain the same and it changes as
the career progression of the criminal changes. He instituted the Bulmerry Morning Street Parade – a
practice where captured criminals are paraded in front of the police force in order to facilitate easy
identification in case they commit crimes in the future. This is the origin of the Police Line-Up.

Alphonse Bertillon – father of Personal Identification who framed Anthropometry (the

individualization of a person based on body measurements).
1-5- This supplemented the practice of
descriptive words accompanying a sketch in order to identify criminals (also known as Portrait Parle –
French for “word picture” or “talking pictures”). With the advent of photography, drawings became out
of fashion. Nevertheless, the practice of accumulating Rogues Gallery became imbedded in policing
around the world.

Jonathan Wild – conceived a business of recovering stolen properties for a fee in England in the
17th Century (theif-takers). Arguably the world’s first private detective, he took advantage of a system
of bounty and rewards set up by the British Parliamentary Reward System.

Alan Pinkerton – he was a pioneer in nongovernment policing and private detective works in the US.
The company he established bore his name (Pinkertons) and have a logo of an eye with the
inscription “we never sleep” which the American public came to know as “private eye”. Among the
famous cases they solved involved Harry “Sundance Kid” Longbaugh of the Butch Cassidy outlaw
gang. He is also credited for hiring the first female involved in investigative works, Mrs. Kate Warne.
The Pinkertons are rivaled only by another private protection business known as the WellsFargo &
Co.

August Vollmer – He served as an Army Sergeant in the Philippines during the Spanish-American
war and became an Army Policemen who oversaw the integration of former Guardia Civil into the
new Insular Constabulary. His experience in the Philippine convinced him of the need to
professionalize policing and shield it from politics. He reluctantly accepted the position of Marshal of
Berkeley California when a posse was commissioned in order to respond to a train derailing incident
and it was then that his innovative approach to policing began to be recognized. Following the lead of
European development in Criminal Investigation, he established the first crime laboratory in the
United States in order to support his efforts to professionalize policing (Wadman & Allison, 2004, cited
in Intro. to Theory, Practice & Career Devt. in Public & Private Invst., Gunter & Hertig, 2005).

John Edgar Hoover – director of the Federal Bureau of Investigation, his efforts to centralize
information on fugitives, criminal activity, organized crime, fingerprints, etc., led to the further
development of criminal investigation.

Criminal investigation - it is the collection of facts in order to accomplish the three fold aims:
3 Fold Aims Of Criminal Investigation
To identify the guilty party
To locate the guilty party
To provide evidence of his guilt

6 Cardinal points of investigation

What specific offense was committed

How the offense was committed
Who committed it
Where the offense was committed
When it was committed
Why it was committed
1-6-
 PHASES/STAGES OF CRIMINAL INVESTIGATION

1.Phase 1 - identify the suspect through:

                      1. confession
                      2. eyewitness testimony
                      3. circumstantial evidence
                      4. associate evidence
  2. Phase 2 - locate and apprehend suspect.
  3. Phase 3 - gather and provide evidence to establish the guilt of the accused.

I. IDENTIFICATION OF CRIMINALS

METHODS OF IDENTIFYING CRIMINALS

a. By confession or admission of the criminal himself
b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

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

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of

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

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

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

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

a. Known criminals 1-7-
 b. Unknown criminals
Methods of Identification by witness
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal Illustration)
The value of identification by eyewitness depends on:
a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility;
c. The lapse of time.

What are the procedures of identification by eyewitness?

a. Physical line-up – is a means of selecting a suspect from a group of innocent persons
usually composed of seven to ten persons. The purpose of line-up is to eliminate the
power of suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection

with other facts, the identity of the person can be inferred.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:
a. The suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the
crime scene. The suspect may leave some clues at the scene such as weapons, tools,
garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen
goods in the possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a
distinct pattern of how a crime is committed and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct and different from the other. It is a
criminal trademark, logo or brandname.

1-8-
 II. TRACING, LOCATING AND APPREHENDING THE CRIMINALS

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

TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

SURVEILLANCE – is the secret observation of persons, places,and vehicles for the purpose of
obtaining information concerning the identities or activities of the subject.
a. Surveillance of Place (fixed/ stake-out)
b. Shadowing
c. Roping

SURVEILLANT – is the person who maintains the surveillance or performs the observation.

SUBJECT – the person or place being watched or surveyed.

KINDS OF SURVEILLANCE
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping

How to conduct surveillance of place?

A careful survey of the surrounding area should be made. The character of the neighborhood,
residents and transient should be noted. The observation point should be selected properly. When
observation is conducted from a ‘plant’, surveillance agents must be extremely careful not to reveal
their true activity. Observation maybe made through a window or other aperture so as to be
unnoticed from the outside. Venetian blinds afford the best coverage, but may appear to be out of
1 - 9 -the roller of draw shades another inch from the
place of some buildings. An alternative is to lower
window. Binoculars are generally essentially equipment of the plants, as they facilitate positive
identification of person entering or leaving the place under and observation. A still or video camera
with telephoto lens can also be used effectively. Agents should take careful notes of what they
observe and should record detailed descriptions of all individuals entering the target. A chronological
log is usually the best of recording pertinent occurrences.

TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant
available, volume of pedestrian traffic and importance of concealing the surveillance.

METHODS OF SHADOWING
a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view at
all times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents
detection.
d. Progressive/Leap from method – poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.

What are the things that should be avoided during shadowing?

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

How to detect foot surveillance?

A subject who is suspicious of being under surveillance may resort to trickery in order to verify
his suspicion. When a subject resort to such trickery, it is good policy to change agents, for the
suspect may have ‘spotted’ one or more of his surveillants.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.

1-
10 -
How to elude foot surveillance?
Common method to elude foot surveillance in which surveillants must be prepared and guard
against are the following:
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing

AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of
surveillance vehicles available, the volume of vehicular traffic in the area, the importance of
concealing the surveillance from the subject, and the subject’s estimated ability to detect and elude
surveillance. At all times each vehicle should be occupied by at least two agents; one to concentrate
on driving, and the other to observe, take notes, operate radio equipment, or to dismount and
continue the surveillance on foot.

How to detect automobile surveillance

As in the case of foot surveillance, a subject who believes he is being followed may resort to
trickery in order to verify his suspicions. Some of the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down
How to elude automobile surveillance
a. Committing traffic violations
b. Using double entrances to driveways; in one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a
decoy.
UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a
different and unofficial identity in order to obtain information.

DEFINITIONS
a. Undercover- an investigative technique in which the Agent’s/Investigator’s official identity
is concealed to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged
documents.

1-
11 -
 ARREST

Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

Forms of arrest
1. Actual restraint of a person to be arrested, or
2. By his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.

Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the
accused and to deliver him to the nearest police station or jail without unnecessary delay.

Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state
the reasons therefor.

Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense; (inflagrante delicto-Caught in the Act)
(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it;
(Hot Pursuit)
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another. (Escapee)

Time of making arrest. — An arrest may be made on any day and at any time of the day or night.

Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant,
the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a
warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer
need not have the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.

Method of arrest by officer without warrant. — When making an arrest without a warrant, the
officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the
latter is either engaged in the commission of an offense, is pursued immediately after its commission,
has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest.

Method of arrest by private person. — When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its commission, or has
1-
12 -
escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform
him, or when the giving of such information will imperil the arrest.

Officer may summon assistance. — An officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by
an officer shall assist him in effecting the arrest when he can render such assistance without
detriment to himself.

Right of officer to break into building or enclosure. — An officer, in order to make an arrest either
by virtue of a warrant, or without a warrant, may break into any building or enclosure where the
person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose.

Right to break out from building or enclosure. — Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he may break out therefrom when necessary to
liberate himself.

Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a warrant at any time and in any place within the
Philippines.

Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at
the request of the person arrested or of another acting in his behalf, have the right to visit and confer
privately with such person in the jail or any other place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the person arrested can also exercise the same right.

III. GATHERING EVIDENCE

CRIME SCENE INVESTIGATION

It is the conduct of processes, more particularly, the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect/s at the crime scene.

SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551
(PNP Law). The former law placed the Philippine National Police Crime Laboratory as an Operational
Support Unit. The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO)
which is field operation. This is now an innovation because the SOCO now gathers all evidence at the
crime scene and takes custody of them, marking and tagging them which otherwise the duty of the
criminal investigator before.

What Constitute a Crime Scene?

a. Crime scene can be understood to include all areas in which the criminal, any possible victim
and any eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively
preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.
1-
13 -
GOLDEN RULE AT CRIME SCENE INVESTIGATION
Never touch, move, or alter any object at the crime scene unless it has been photographed,
measured, and sketched from any conceivable angle.

UPON RECEIPT OF THE CRIME INCIDENT

1. The Desk Officer shall:
a. Record the date and time the report/complaint was made, the identity of the person who
made the report, place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.
2. The First Responder shall:
a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER

A. Receipt of Briefing and Designation of Command Post
Command Post – an area which, is ideally located adjacent to the Crime Scene where the
CSI Evidence Custodian stays and receives the pieces of evidence turned over to him for
safekeeping by the other evidence collectors.

B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)

a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific assignments; and
g. From his assessments, he develops a general theory of the crime scene.

C. Preparation of Narrative Report

The Team leader uses the systematic approach in making a narrative report.

D. Documentation of the Crime Scene

The photographer begins taking photographs as soon as possible. The evidence collectors do
not touch or moved any evidence once it is located until it has been identified, measured and
recorded.

PHOTOGRAPHING THE CRIME SCENE

The main objective crime scene photography is to create an accurate objective visual record of
the crime scene before any item ismoved as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – photograph
1- of the over-all scene.
14 -
 Distance: From the doorway to the room and other corners of the room
2. Mid-Range View
Distance: Eight or ten feet from the victim
3. Close-up View – every physical evidence must be photographed in close-up view and for
different angles.

CRIME SCENE SKETCHES

A rough sketch is prepared indicating the actual measurement of things with scale and
proportion observed and oriented to the North Pole. All necessary information is placed in the sketch.

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

SPECIFIC KINDS OF SKETCHES

a. Sketch of Locality- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
b. Sketch of the Ground- picture of the scene of the crime with its nearest physical
surrounding.
c. Sketch in Details – the immediate scene only.
d. Exploded/ cross projection – gives the clear impression of the scene in cases where
blood stains or bullet holes are found.
SKETCHING METHODS
a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch

TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves measuring the
distance of an object from two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an
object along a straight line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string, chalk
line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or some method of
measuring angles between two lines. One point is selected as the origin and a line
extending from the origin becomes an axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up
like a lid of a hinged box, with the four walls opening outward. Measurements are then
indicated from a point on the floor to the wall.

CRIME SCENE SEARCH

1-
15 -
 A crime scene search could only be started after it has been photograph and sketched to
systematically look for physical evidence that may prove useful in establishing that a crime has been
committed and to determine what method of operation the perpetrator may have used.

METHODS OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the
path parallel to one side of the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for large
crime scene.
c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and
each searcher is assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie-like
fashion.

E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.Notes
must include:
a. Detailed written description of the Crime Scene with locations of recovered physical evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.

F. Collection of Physical Evidence

The competence to recognize and properly collect physical evidence is critical to both solving
and prosecuting crimes.
The team leader is always informed of significant evidence located. The evidence collectors
shall put his initial, location and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.

PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed or which, in general assist in the prosecution of criminal. It embraces
any object, living or inanimate, solid, liquid, or gas state.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:
a. The article must be properly identified
b. Chain of custody must be proved
c. The evidence must be material and relevant

CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment
they were collected, marked and tagged, up to the116-time
-
of the final disposition of the case.
 G. Conduct of Final Survey
The team leader makes a final review on the crime scene to determine whether or not the
processing has been completed.

H. Release of the Crime Scene

The release of the crime scene is done if the investigator is satisfied that all pieces of evidence
have been recovered. Thus, the investigator must evaluate the items recovered from the results of
the interrogations of the suspect/s and the interview of the witnesses. He must bear in mind that
upon the formal release of the crime scene to the proper authority, the warrant is already required for
his re-entry to the crime scene.

Section 3 Rules of Court- Admissibility of evidence

- Evidence is admissible when it is relevant to the issue and is not excluded by law or these rules.  
 
A. Admissibility- the character or quality which any material must necessarily possess for it to be
accepted and allowed to  be presented or introduced as evidence in court. It answers the question:
should the court allow the material to be used as evidence by the party?  
B. Weight- the value given or significance or impact, or importance given to the material after it has
been admitted; its tendency to convince or persuade. Hence a particular evidence may be admissible
but it has no weight. Conversely, an evidence may be of great weight or importance but it is not
admissible. 

 Conditions for admissibility

A. RELEVANCY (None but facts having rational probative value are admissible). Per section 4,
“Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence”.
B. COMPETENCY ( All facts having rational probative value are admissible unless some specific law
or rule forbids). In short the evidence is not excluded by law or rules.

The Exclusionary Rule Principle - the principle which mandates that evidence obtained from an
illegal arrest, unreasonable search or coercive investigation, or in violation of a particular law, must be
excluded from the trial and will not be admitted as evidence.

1. The principle judges the admissibility of evidence based on HOW the evidence is obtained or
acquired and not WHAT the evidence proves.    

 2. The principle is to be applied only if it is so expressly provided for by the constitution or by a
particular law. Even if the manner of obtaining the evidence is in violation of a certain law but the law
does not declare that the evidence is inadmissible, then such evidence will be admissible.

Example: The accused claimed that information about his bank accounts i.e. trust funds, was
1-
obtained in violation of the Secrecy of Bank Deposits
17 - Law ( R.A. 1405) and moved to have them be
excluded as evidence. HELD: R.A. 1405 nowhere provides that an unlawful examination of bank
accounts shall render the evidence there from inadmissible in evidence. If Congress has both
established a right and provided exclusive remedies for its violation, the court would encroaching
upon the prerogatives of congress if it authorizes a remedy not provided for by statute. Absent a
specific reference to an exclusionary rule, it is not appropriate for the courts to read such a provision
into the act. ( Ejercito vs. Sandiganbayan, 509 SCRA 190, Nov. 30, 2006).

 3. The phrase is attributed to Justice Felix Frankfurter of the U.S. Supreme and has its biblical
reference to Mathew 7: 17-20.

The Doctrine of the Fruit of the Poisonous Tree

1. Evidence will be excluded if it was gained through evidence uncovered in an illegal arrest,
unreasonable search or coercive interrogation, or violation of a particular exclusionary law.

2. It is an offshoot of the Exclusionary Rule which applies to primary evidence. The doctrine applies
only to secondary or derivative evidence. There must first be a primary evidence which is determined
to have been illegally obtained then secondary evidence is obtained because of the primary evidence.
Since the primary evidence is inadmissible, any secondary evidence discovered or obtained because
of it may not also be used.

a. The poisonous tree is the evidence seized in an illegal arrest, search or interrogation. The fruit
of this poisonous tree is evidence discovered because of knowledge gained from the first illegal
search, arrest, or interrogation or violation of a law.

b. It is based on the principle that evidence illegally obtained by the state should not be used to
gain other evidence because the original illegally obtained evidence taints all those subsequently
obtained.   

Illustrations:

A suspect as forced to make a confession where he revealed he took shabu from the room of X.
Based on this knowledge the police went to the house of X and with the consent of X, searched his
room and found the shabu. The confession is inadmissible because of the exclusionary. It is the
poisoned tree. The shabu is inadmissible because knowledge of its existence was based on the
confession. It is the fruit.

MAPP V. OHIO, decided on 20 June 1961, was a landmark court case originating in Cleveland, in
which the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally
seized evidence could not be used in a state criminal trial. This decision significantly changed state
law-enforcement procedures throughout the country. The case began on 23 May 1957 when police
officers entered the Cleveland home of Dollree Mapp looking for a person wanted for questioning in a
recent bombing and seeking illegal gambling paraphernalia. After a thorough search, the police found
neither the person nor the gambling materials. However, they did find obscene material, which Mapp
denied owning. Possession of obscene materials was then illegal according to state law, and Mapp
was arrested. In the fall of 1958, she was tried, convicted, and sentenced to 1-7 years in the
penitentiary. No search warrant was produced at the trial, nor was the failure to produce one
1-
accounted for. Mapp's lawyer, Alexander L. Kearns,
18 - appealed to the Ohio Supreme Court on the
basis that Ohio's obscenity law violated the right to privacy, and only secondarily that the conduct of
the police in obtaining the evidence was unconstitutional. The court affirmed the conviction, and
despite the absence of a search warrant, also ruled that illegally seized evidence could be entered in
a criminal trial.

Kearns appealed the case to the U.S. Supreme Court, contending that Mapp's conviction violated her
constitutional rights. At the invitation of the Court, Cleveland attorney Bernard A. Berkman,
representing the American Civil Liberties Union, also submitted a brief. During the oral argument, he
urged the high court to examine the constitutionality of search-and-seizure usage in state courts,
since federal courts prohibited the use of illegally obtained evidence. The Supreme Court's 5-4
decision overturned Mapp's conviction, on the grounds that evidence seized without a search warrant
cannot be used in state criminal prosecutions under the 4th Amendment to the Constitution, which
protects against unreasonable searches and seizures, and the 14th Amendment, which extends that
protection to state jurisdictions.

Weight and Sufficiency of Evidence

Preponderance of evidence, how determined. — In civil cases, the party having burden of proof
must establish his case by a preponderance of evidence. In determining where the preponderance or
superior weight of evidence on the issues involved lies, the court may consider all the facts and
circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which there are testifying, the nature of the facts to which they
testify, the probability or improbability of their testimony, their interest or want of interest, and also
their personal credibility so far as the same may legitimately appear upon the trial. The court may also
consider the number of witnesses, though the preponderance is not necessarily with the greater
number.

Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an acquittal,
unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean
such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only
is required, or that degree of proof which produces conviction in an unprejudiced mind.

Substantial evidence. — In cases filed before administrative or quasi-judicial bodies, a fact may
be deemed established if it is supported by substantial evidence, or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion.

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS

1. Information - data gathered by an investigator and other person including the victim himself and
from:
                             1. public records
                             2. private records
                             3. modus operandi file
 2. Interview/Interrogation - skillful questioning of witness and suspects.
Interview & Interrogation In processing persons as sources of information, the investigator
generally conducts an INTERVIEW – a friendly and cooperative conversation for the purpose of
obtaining as much relevant information as the source can possibly give under the circumstances.
However, when the subject is the suspect himself1 or - a hostile/uncooperative witness – the
19 -
conversation is rather confrontational and is called INTERROGATION. With respect to the suspect,
interrogation is valid only if made in compliance with MIRANDA RIGHTS.
 3. Instrumentation - scientific examination of real  evidence, application of instruments and method
of physical sciences in detecting crime.

I. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.

For purposes of investigation, INFORMATION is “anything that tells us something, whether, correct or
incorrect”. This is a general term that refers to any facts, statements or materials surrounding the
commission of a crime. If the information is of such nature and quality that it could further advance the
investigation, that information is called a LEAD. When there are no more leads to develop, it is said
that the investigation is facing a BLANK WALL.

2 Kinds of Information
  1. Regular sources - ex. citizen, company records
  2. Cultivated sources - ex. paid informant

Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news
items.
b. Cultivated Sources – information gathered upon initiative of the investigator from informants,
vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as
prisoners and ex-convicts.

SOURCES OF INFORMATION

The following are sources of information:

A. Persons
B. Places
C. Things

A. Persons – these are individuals who may be:

1. Victims – the direct recipients of the crime itself who suffered direct or indirect loss/injury as a
consequence thereof 2. Complainants – persons who informs the police of a crime and demands that
something be done about it
3. Witnesses – third persons who have personal knowledge of relevant facts surrounding a crime
4. Informers/Informants – furnishes information relative to a crime either voluntarily or for a
consideration
5. Suspects – person who is accused as the author of the crime

1-
20 -
B. Places – places as a source of information generally refers to the SCENE OF THE CRIME (locus
criminis). It is important for the investigators to locate the true crime scene because it contains the
highest concentration of physical evidence and possible witnesses of its commission. Crime scenes
may be:
1. Primary Crime Scene – the place where the crime was committed
2. Secondary Crime Scene – the place where the crime was continued
3. Pseudo Crime Scene – a crime scene staged to mislead, cover-up, or conceal what really
happened

C. Things – the last but certainly not the least source of information are things. Things are any
tangible objects found at the crime scene or in possession of the suspect. These are objects of
evidentiary value. The investigative classification of evidence is more technical and is somewhat
different from the classification of evidence under the Rules of Court. Nevertheless, they are related
to one another.

II. INSTRUMENTATION
Instrumentation refers to the use of forensic tools in order to advance the goals of investigation. Also
called CRIMINALISTICS, this is where investigation becomes strictly scientific. We will not discuss
each branches of Criminalistics here but you will find it in another set of handouts where the details
are best discussed. However, it helps to run through them since instrumentation is one of the three
(3) I’s of Criminal Investigation.
These are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting Examinations;
6. Polygraph Examinations; and
7. Police Photography

Note: Recent developments in forensic science were intentionally not included because strictly
speaking, these are just additional developments of the above main forensic branches. For example,
Forensic Odontology (study of dental or teeth structure) and Forensic Entomology (study of carrion
insects found in a decomposing body) are just a branch of Legal Medicine.
Likewise, Deoxyribonucleic Acid or DNA examinations are part of Legal Medicine, Forensic Chemistry
& Personal Identification.

III. INTERROGATION
Is a questioning of a person suspected of having committed an offense or a person who is reluctant to
make full disclosure of information in his possession which is pertinent to the investigation.

1-
21 -
 Unlike in interview where the purpose is to reveal unknown facts, the purpose of interrogation is to
confront the suspect with the evidence already obtained from all sources (PERSONS, PLACES, and
THINGS) in order to encourage the suspect to confess.
Here, the investigators already have a clear picture of what really happened. All that is left is to
confront the suspect about his findings.
Before starting the interrogation, however, he must remember the requirements of Miranda Rights
and other pertinent laws such as RA 7438 (Rights of a Person Arrested, Detained or Under Custodial
Interrogation) and RA 9745 (Anti-torture Act).

CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement officer

on a person under custody and otherwise deprived of his freedom or liberty.

Miranda v. Arizona (Miranda Doctrine)

Facts of the case: A white woman reported to the Arizona police that she was raped. The suspect
was described by the victim as Mexican. The police rounded up several suspects who fit the
description and one of them was Ernesto Miranda, a truck driver of Mexican descent who does not
speak English and doesn’t know how to read or write because he did not even finished grade school.
When presented in a police-lineup, the woman “positively identified” Miranda as the culprit. During
extensive interrogation, Miranda was made to sign a paper without the assistance of counsel which
turned out to be a confession written in fluent English. On the basis of the signed confession,
however, he was convicted by the trial court.

Issue: Whether or not the conviction is proper.

Ruling of the US Supreme Court: The conviction is erroneous and violates the Due Process clause of
the American Constitution. Every person accused of a crime has the right to be informed his right to
remain silent; that what he says or do may be used against him in a court of law; he has the right to
counsel, preferably of his own choice; and if he cannot afford, one will be provided to him for free. An
accused who is not properly appraised of these rights can lawfully contest the validity of any signed
confession or statements, which, by virtue of the coercive pressure exerted by veteran interrogators,
he is too intimidated or powerless to resist.

Exceptions to the Miranda Rights:

1. When the accused freely and voluntarily waived this right;
2. Volunteered information – when the accused, without waiving this right and without the police
initiating the questioning, nevertheless volunteered information which contributed to his conviction;
3. When the conviction is partly based on available evidence other than the confession of the
accused; and
4. Inevitable discovery rule – when the information furnished by the accused is of such nature that the
police would have discovered it anyway, even in the absence of the confession, the accused could
still be convicted.

What are the purposes of Interrogation?

a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime 1-
22 -
 d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect

Techniques/Approaches in Interrogation
Emotional Appeal
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, and then provide those motives
through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and
friendly manner.

Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.

Mutt and Jeff

Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because he
knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and one
is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory experts
against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the extent of confessing:

Mixed approach – the combination of any or all of the above techniques.

1-
23 -
 PROTOCOLS IN INVESTIGATION

Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned

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

Protocol 2: Official Police Blotter

a. A Police Blotter is an 18” x 12” logbook with hard-bound cover that contains the
daily register of all crime incident reports, official summary of arrests, and other
significant events reported in a police station.
b. As a general rule, all crime incidents must be recorded in the official police
blotter.
c. A separate Police Blotter, however, shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases involving a
child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti-
Violence Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice
and Welfare Act of 2006).
d. The duty police officer shall record the nature of the incident in the police blotter
containing the five “W”s (who, what, where, when and why) and one “H” (how) of the
information and inform his superior officer or the duty officer regarding the occurrence
of such incident.
e. In answering the above 5 Ws and 1 H and the Case Disposition, all such material
details about the incident, including the nature of the action or offense; the Date, Time,
and Place of Occurrence; the names of the suspect/s, the victim/s, the witness/es, if
any; facts of the case; significant circumstances that aggravate or mitigate the event or
the crime should be entered along with the identity of the officer to whom the case is
assigned (Officer-on-case); and, the status of the case.

Protocol 3: Investigation Team: Organization and Equipment

a. All investigators in any police unit must be a graduate of prescribed investigation
course with a rank of at least PO2 (pre-requisite to assignment).
b. Composition:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
1-
24 -
 6. Gloves;
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials; and
12. Investigator‟s tickler (contains the following)
 Investigator‟s checklist
 Anatomical diagram form
 Evidence checklist
 Turn-over receipt

Protocol 4: Duties of the First Responder

a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its integrity;
d. Check whether the situation still poses imminent danger and call for back up if
necessary;
e. Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case;
f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
g. Prepare to take the “Dying Declaration” of severely injured persons with the
following requisites:
 That death is imminent and the declarant is conscious of that fact;
 That the declaration refers to the cause and surrounding circumstances of
such death;
 That the declaration relates to facts which the victim is competent to testify to;
and
 That the declaration is offered in a case wherein the declarant‟s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
h. Evacuate the wounded to the nearest hospital using emergency
services;
i. Account for the killed, wounded and arrested persons for proper disposition;
j. Conduct initial investigation; and
k. Brief the investigator-on-case upon arrival and turn over the crime
scene.
l. Conduct inventory on the evidence taken at the crime scene; Inventory receipt
should be properly signed by the first responder, SOCO and the investigator.

Protocol 5: Duties and responsibilities of the

1 - Investigating Team
25 -
 a. Take full control of the crime scene to include the conduct of crime scene search;
taking of photographs; making sketches; lifting of fingerprints; markings of physical
evidence; (Chain of custody) the transmittal of evidence to crime laboratory; interview
of witnesses; gathering and evaluation of evidence; follow-up of the case and the
documentation and filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene;
c. Designate a holding area in the immediate vicinity of the crime scene (for the
media, VIP‟s and other personalities present);
d. Conduct case conference with the first responder, SOCO, other law enforcers
and rescue personnel;
e. Note any secondary crime scene (if situation requires); and
f. Release the crime scene after investigation.

Protocol 6: Investigation of Suspects

a. Procedures when arrest is made
o Secure the person arrested (handcuff at the back);
o Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution;
o Conduct thorough search for weapons and other illegal materials against
the suspect/s;
o Use reasonable force in making arrest;
o Confiscated evidence shall be properly documented and marked;
o Bring the arrested person to the Police Station for investigation.
b. Booking procedures of the Arrested Person/Suspect
 The arrested suspect shall be fingerprinted, photographed and subjected
to medical examination to include liquor and drug tests.
 Conduct record check.

Protocol 7: Taking of Sworn Statements of Suspects

The execution of a suspect‟s “WAIVER” as stipulated in Art 125 of the RPC shall
always be done in the presence of his chosen counsel or any independent counsel.

Protocol 8: Taking of Sworn Statement/s of the Witnesses

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

Protocol 9: Preparation of Reports and Filing of Charges

The Investigator-On-Case shall submit the following:
a. Spot Report within 24 hrs to HHQ;
b. Progress Report; 1-
26 -
 c. After Operation Report;
d. Final Report after the case is filed before the prosecutor‟s office/court; and
e. Accomplishment Report.

Protocol 10: Procedure in the Release of Crime Scene

a. Ensure that appropriate inventory has been made;
b. Release is accomplished only after completion of the final survey and proper
documentation of evidence, witness/es, victim/s and suspect/s; and
c. If the crime scene is within a private property, the same must be released to the
lawful owner witnessed by any barangay official. In case of government facility, it
should be released to the administrator.
Protocol 11: Follow-up of Case
The investigator shall conduct police operation to identify and apprehend suspect/s
based on the results of the initial investigation conducted.

Protocol 12: Preparation of Case Investigation Plan (CIPLAN)

The conduct of police operation involving sensational cases, high profile and
heinous crimes must be covered by Case Investigation Plan.

Protocol 13: Attendance to Court Duties

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

Protocol 14: Uniform of the Investigator

Prescribed uniform should be worn by investigators when conducting investigation
so as to identify them as PNP personnel.

CASE PREPARATION
After doing everything we discussed above, the investigator now shifts to case preparation, which is
loosely defined as “the gathering of all records of the case in an orderly, chronological and logical
manner, prior to the filing of the complaint”.

These records consist of the following:

1. Affidavits of complainant and witnesses
2. Affidavit of arresting officers (in case of entrapment or warrantless arrests)
3. Initial or spot report
4. Progress reports
5. Crime laboratory examination results
6. Closing or Final report which contains the recommendations of the LEAD investigator
7. Endorsement by the Chief

Police Reports
1-
27 -
Police reports are the official record of the actions taken by various police personnel in relation to an
event, incidence or crime.
Kinds:
1. Initial or Spot report – made immediately after an incident. Usually, within 24 hours. Usually made
by patrol officers or first responders. In some cases, entries in the police BLOTTER made by desk
officers also constitute a spot report;
2. Progress reports – contains a brief of actions taken after the initial investigation. Usually, criminal
cases involves several progress reports which the lead investigator collates alongside the initial report
and other documents; and
3. Final or Closing report – contains a summary of all the findings, reports, documents and affidavits
and well as the recommendations of the lead investigator. Unlike progress reports, there can only be
one final report.

Characteristics of a good report:

The quality of your work as an investigator is judged by the quality of your report. Ideally, a police
report must be like a bikini – brief enough to make it interesting, yet broad enough to cover the most
interesting parts. Thus, the following characteristics are desirable in a report:
Keyword: FACTUAL
1. Factual & Objective – the report must be based on facts and must be free of conjectures,
speculations or opinions;
2. Accurate – the information contained in the report must be precise;
3. Concise & Complete – Concise means the report must be as short as possible, direct to the point
and not circuitous. Complete means the report must contain all the essential elements of information
(5W’s & 1H);
4. Timely – the report must be submitted on time, otherwise, it becomes stale and useless;
5. Unadulterated – the report must not be embellished. Statements made by the witnesses must be
recorded in “full” without adding or subtracting from what the witness said, even if the investigator
believes that the statement made by the witness is wrong. Your job is to record it, not to edit it;
6. Analytical – the report must develop one unified theme culled from all the different sources of
information;
7. Legible – the report must be made in such a manner that others can read and understand its
content, especially in case of handwritten reports. This is important, as handling officers may be
assigned in different jurisdiction, retires, or may become unavailable, so that other officers who
assume the investigation must be able to continue the work of the previous investigator.

COMMON INVESTIGATION OVERSIGHTS

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

1-
b. No template for the conduct of investigation
28 - – police personnel are not
knowledgeable about crime scene preservation and basic investigation.
Recommended Remedies – every police personnel should mandatorily undergo
investigation training giving priority to those in the field units.
c. Inadequacy of coordination – the SOCO, investigators, prosecutors and other
concerned agencies work separately and independently in the conduct of their
investigation.
Recommended Remedies - case conferences should be encouraged at the start of the
investigation. The conferences should be attended by the SOCO, investigators,
prosecutors, IBP lawyers and other concerned agencies in order to ensure the
coordinated actions in the preparation of an air- tight case folder.
d. Failure to prosecute – pertains to absence of police investigator during trial to act
as prosecutor‟s witness due to retirement and transfer of concerned investigator.
Recommended Remedies – proper turn-over of case folders handled by investigators
who shall retire or be transferred, as requisite before the issuance of office clearance.
e. Chain of Custody – non-observance of proper documentation in the turn-over of
evidence from one officer to another or one office to another.
Recommended Remedies – documentation on the turn–over of evidence with actual
receipt should be observed and non-observance should be the basis for administrative
sanctions.
f. Less appreciation of electronic evidence – police investigators take for granted
the electronic devices such as cellphones, computers and other electronic devices can
be processed to give investigative leads.
Recommended Remedies – proper training on the preservation and processing of
electronic devices should be prioritized for all investigators in the field.

1-
29 -
 ORGANIZED CRIME INVESTIGATION
ORGANIZED CRIME INVESTIGATION
1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;
3. Transnational or borderless crimes;
4. Kidnapping and terrorism;
5. Cyber/Technology crimes;
6. Organized syndicates;
7. International and national laws, decrees, treaties and statutes.

Concept of Organized Crime

- Organized Crime poses a direct threat to national and international security and stability, and
continues a frontal attack on political and legislative authority. Organized crimes disrupt and
compromise social and economic institutions, thus causing a loss of faith in democratic
process.

WHAT IS ORGANIZED CRIME?

- An organized criminal group shall mean a structured group of three or more persons,
existing for a period of time and acting in concert with the aim of committing one or more
serious crimes or offences in order to obtain, directly or indirectly, a financial or other
material benefit
- (UN, PALERMO ITALY, 2000)
- All illegal activities engaged in by members of criminal syndicates operatives throughout
the United States and all illegal activities engaged in by known associates and
confederates of such members. (U.S Department of Justice)
- Group activities of three or more persons, with hierarchical links or personal relationships,
which permits their leaders to earn profits or control territories or markets, internal or
foreign, by means of violence, intimidation or corruption, both in furtherance of criminal
activity and to infiltrate the legitimate economy.
- any enterprise or group of persons engaged in a continuing illegal activity which has as its
primary purpose the generation of profits and continuance of the enterprise regardless of
national borders. (INTERPOL, according to P.J. Ryan and G.E. Rush)
- any group having some manner of formalized structure and whose primary objective is to
obtain money through illegal activities(FBI, according to H. Abaddinsky)
- Planned commission of criminal offenses, determined by the pursuit of profit and power,
involving more than two persons over a prolonged or indefinite period of time, using a
commercial or business license scheme, violence, and/or intimidation. (BKA, Germany—
BUNDESKRIMINALAMT)
- Is any crime committed by a person occupying, in a established division of labor, a position
designed for the commission of crimes providing that such division of labor includes at least
one position for corrupter, one position for corruptee, and one position for an enforcer(FBI)
1-
30 -
For Organized Group to Work usually it has at least the following:
1. AN ENFORCER
2. A CORRUPTER
3. A CORRUPTEE

AN ENFORCER
- the one who makes for the arrangements for the killing (injuring or carrying out the task
physically, economically or psychologically) the members or non members.

A CORRUPTER
- the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a
relationship with public officials, law enforcement officer, or anyone who would be of help in obtaining
security and immunity from possible arrest, prosecution and punishments.

A CORRUPTEE
- a public officials, law enforcement officers or anybody who not a member of the organization who
can helps the organization
Scale of Organized Criminal

CHARACTERISTICS OF ORGANIZED CRIMES

- It is a conspiracy activity involving coordination of members.
- Economic gain is the primary goal.
- Economic goal is achieved through illegal means.
- Employs predatory tactics such as intimidation, violence and corruption.
- Effective control over members, associates and victims.
- Organized crimes do not include terrorists dedicated to political change.

ATTRIBUTES OF ORGANIZED CRIMES

1. Has no political goal
2. Is hierarchical
3. Has a limited or exclusive membership
4. Constitute a unique subculture
5. Perpetuates itself
6. Exhibits a willingness to use illegal violence and bribery
7. Demonstrates specialization/ division of labor
8. Is monopolistic
9. Is governs by explicit rules and regulations

1. Has no Political Goals

Organized crime is basically motivated by money and power. It is not social doctrine
neither political belief nor ideological concerns that motivated leaders and members of the
organized crime groups. Political involvement may be part of its activities for the purpose of
gaining protection for its illegal activities.
1-
31 -
2. Hierarchical
An organized crime has a vertical power structure with at least three (3) ranks. The authority is
inherent in the position and does not depend on who happens to be occupying it at any given time.

3. Limited or Exclusive Membership

The criteria such as ethnic background, race, kinship, criminal record and other similar
consideration seems to be the basis for membership in an organized crime group.
Sponsorship by a ranking members and behavior characteristics also plays important factors
for recruitment such as but not limited to: willingness to commit criminal act, follow the rules and
regulations and secrecy in the organization.

4. Constitute a unique subculture

Members of the organized crime group considered themselves distinct from the conventional
society. They look at the society as “weak and stupid” and treat them with derisions if not contempt,
and therefore not subject to its rules. This is sometimes referred to as “the underworld”.

5. Perpetuates itself
An organized criminal group constitutes an ongoing criminal conspiracy designed to persist
through time; that is, beyond the life of the current membership. In order for the group to survive, it
must have an institutionalized process for inducting new members and inculcating them with the
values and ways of behaving of the social system. This is shown by the depth of the sub-cultural
orientation exhibited by the group.

6. Willingness to use Illegal Violence and Bribery

Violence is readily available and acceptable in an organized crime group as a means to
achieve its goal. Bribery becomes necessary so as to protect its operation and insure lesser chance
of detection and suppression.

7. Specialization/Division of Labor
There is a need for established functional position filled with qualified members. Commonly,
there is a need for:
(1) an enforcer, one who carries out difficult assignments involving the use of violence,
including murder, in a rational manner. He may use members or non members or even a specialist to
carry out the assignment; and
(2) a corrupter (fixer/money mover), excels in developing contacts.

8. MONOPOLISTIC
An organized crime group eschew competition. It strives for hegemony over a particular
geographic area, a particular “industry”, legitimate or illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade” and increases profits. An organized crime
monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with law
enforcement officials. A combination of both methods, violence and corruption, may be employed.

1-
32 -
9. GOVERNS BY EXPLICIT RULES AND REGULATION
An organized crime group, like a legitimate organization, has a set of rules and regulations that
members are expected to follow.
In an organized crime group, however, a rule-violating member is not fired but, more likely,
fired upon

STRUCTURE OF ORGANIZED CRIME GROUPS

- The bureaucratic / Corporate model
- Patrimonial/ Patron Client

The Bureaucratic/ Corporate Model

The corporation, the police, and the military are examples of bureaucracies, that mode of
organization essential for efficiently carrying out large scale tasks.

Patrimonial/ Patron Client

It is a characteristic of traditional societies that centers on families, patrons and their clients,
and other personalities networks.

GENERIC TYPE OF ORGANIZED CRIMES

1. Political Graft
- committed by political criminals for purposes of gaining profit though violence or force
for the attainment of political goals or ambitions such as used of private armies, buying of votes or
threatening voters.

2. In-Group Oriented Organized Crime

- manned by semi-organized individual with the end view of attaining psychological
gratification such as adolescent gangs.

3. Mercenary/Predatory organized crime

- perpetuated for the attainment of direct personal gain but prey upon unwilling victims.

4. Syndicated Crimes
- comes with a structure organization that participates in illicit activity in society using
force, or intimidation.

TYPICAL ORGANIZED CRIME ACTIVITIES

1. THEFT and FRAUD

Victimizing business:
Hijacking of cargo trucks
Robbery
Bankruptcy fraud (“bust-out”)
Insurance Fraud
1-
Stock Fraud (Inside Trading) 33 -
 Victimizing individual persons:
Car theft (chop-shop or export)
Burglary (robbery in a building)
Stock Fraud (pump and dump scam)
Victimizing State:
Bid-rigging public projects
Counterfeiting of Money
Smuggling (Alcohol –bootlegging; Cigarettes – butt legging)

Providing immigrant workers to avoid taxes

2. PROVIDING ILLEGAL SERVICES and GOODS

Loan Sharking Murder for hire
Book making Toxic Substance
Gambling People Smuggling
Prostitution Trafficking in human beings
Drug Trafficking Arms dealing
Pornography

3. BUSINESS and LABOR RACKETEERING

- Casino skimming
- Setting up monopolies in rigid market low tech industries.
- Bid-rigging
- Abusing labor unions
- xtortion (e.g. construction, transport, etc)
- Use of non-union labor and pocketing the wage difference.
- Monopolizing the supply of immigrant workers with the associated people; smuggling.

4. Miscellaneous Activities:
- Money laundering;
- Political corruptions;
- Bullying; and
- And Piracy.

THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Subcultures and social disorganization
4. Social control theory
5. Ethnic succession

MAFIA
- is a term used to describe a number of criminal organizations around the world
- the first organization to bear the label was the Sicilian Mafia based in Italy, known to its
members as Cosa Nostra 1-
34 -
- in sum, mafia means protection against arrogance of the powerful, remedy to any damage,
sturdiness of body, strength and serenity of spirit, and the best and exquisite part of life.
- apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a
friend or companion; to defend; preservation, power, integrity, strength, and a condition that
designates the remedy of damage and ill.

OMERTA
- is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the
authorities.
- Ideal of manliness
- Noncooperation with authorities
- Self-control in the face of adversity
- Vendetta-blood washes blood
- Neither government nor church to be trusted

The foundation of the entire mafia is respect. Fear is the engine, and money is the fuel. But
longevity of the mafia as an enterprise is built upon an abiding and uncommon sense of
respect.

The penalty for transgression is death, and relatives of the turncoat may also be murdered.
Mafiosi generally do not associate with police (aside perhaps from corrupting individual officers as
necessary). For instance, a mafioso will not call the police when he is a victim of a crime. He is
expected to take care of the problem himself. To do otherwise would undermine his reputation as a
capable protector of others, and his enemies may see him as weak and vulnerable.

According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian Vespers –
against rule of the Capetian House of Anjou on 30 March 1282. In this legend, Mafia is the acronym
for "Morte Alla Francia, Italia Anela" (Italian for "Death to France, Italy cries!"). However, this version
is now discarded by most serious historians.

RULES OF AMERICAN MAFIA

- Always show respect to those who can command it.
- Report any failure to show respect to one’s patron immediately.
- Violence must be used, even if only a limited type, to ensure respect.
- Never ask for surnames.
- Never resort to violence in a dispute with a member or associate of another family.
- Never resort to, or even threaten, violence in a member of your family.
- Do not use the telephone except to arrange a meeting place, preferably in code, from which
you will then travel to a place to discuss business.
- Avoid mentioning specifics when discussing business-for example names, dates, and places-
beyond those absolutely necessary for understanding.
- Keep your mouth shut-anything you hear, anything you see, stays with you, in your head; do
not talk about it.
- Do not ask necessary questions. The amount of information given to you is all you need to
carry out your instructions. 1-
35 -
 - Never engage in homosexual activities.
- If your patron arranges for two parties to work together, he assumes responsibility for
arbitrating any disputes between the parties.
- The boss can unilaterally direct violence, including murder, against any member of his family,
but he cannot engage in murder-for-hire, that is, make a profit from murder.
- The boss cannot use violence against a member or close associate of another family without
prior consultation with that family’s boss.
- The principal form of security in the American Mafia is an elaborate system of referral and
vouching. Vouching for someone who turns out to be an informant or undercover officer entails
the death penalty.

RUSSIAN ORGANIZED CRIME

VORY V ZAKONE
- aka “ thieves with code of honor”

It is the Sicilian counterpart, linked to a territorial-based provision of protection services and to

alliance between upper world and the underworld. It is characterized by the three types of actors in
crime picture at Russia namely:
(1) corrupt government officials,
(2) shady business tycoons (oligarch); and
(3) members of criminal gang headed by a so called authorities and loosely tied with
criminal fraternity known as “thieves in law” (Vory V. Zakone). They were able to
create protective roof through their financial and fraternity connection.

ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)

It first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined into two
syndicates, the Nortenos based in northern California and the Surtenos based in Southern Califoria.

The Nortenos include such gangs as Big Hazard, the Breed Street Gang and the Silver Leaf
Nortenos (SLN).

The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.

In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation based
in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM
(Partido Revolucionario Mexicano), and Mexicles being the most prominent.

In the Eastern United States

The major syndicates are La Gran Raza (The Great Race) and La Gran Familia (The Great
Family). The Dominican Gangs became the major player in Drug trade in Metropolitan New York
and in Northern New Jersey.
1-
36 -
In Miami and Dade County, Florida,
The Cuban Mafia has built a strong base, having taken advantage of an alliance with Santo
Trafficante’s Italian American Mafia family based in Tampa.
In Puerto Rico, the Neta Association began as a prison gang, but it has spread beyond the
island and beyond the prison walls.

ORGANIZED CRIME IN ASIA

China Organized Criminal Groups

1. Gangs (Triad) = work in cooperative ventures involving black market activities, burglaries and
thefts, hijackings and extortions.
2. Criminal Syndicates = commonly involved in sophisticated crimes such as prostitutions,
human trafficking and other organized form of both are involved in drug trafficking particularly
of heroin from the golden triangle as well as Exploitation of women and children and smuggling
of illegal immigrants vices.

Dragon Syndicates is another name for the Chinese Triads, a name popularized by Martin
Booth’s much acclaimed study “The Dragon Syndicates: the Global Phenomenon of the Triads (New
York: Carroll and Graf, 2000).
The Triad came from the symbolic triangle in their flag which indicates the three (3) elements: The
Heaven, The Earth and the Man.
Hong Kong Organized Criminal Groups
Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They are
involved in various activities ranging from drug trafficking to corruption.
ICAC- Independent Commission Against Corruption is one of the most active Criminal
Justice Unit involved in controlling illicit activities of these triads

JAPAN

Yakuza (8-9-3) or Boryokudan

- is the most influential organized crime group in Japan.

- Yakuza makes billions of dollars through corporate extractions and the Sokoiya (shareholders
meeting men).
- Other activities that they are involved include exploitation of women, prostitutions (mostly
coming from the Philippines, Thailand and Taiwan) and gambling den.

CAMBODIA
Drug trafficking and human smuggling are the most notable organized criminal activities in
Cambodia which are widely controlled by the Chinese and Myanmorese.
Other activities involved gambling, corruption, prostitution and money laundering. Due to
people’s belief of the effect of having sex with virgin women, prostitution became one of the most
expensive organized crime and virgin women are1the - highest valued commodities.
37 -
REPUBLIC OF KOREA

KEANDAL EMENING SCARUPS

Although not considered as criminal groups, they also engage in criminal activities someway to
help the weak and the poor. They are notable for their loyalty and faithfulness.
Organized criminal groups come in the form of political groups used as henchmen to attack
political rivals
. Several organized groups are associated with YAKUZA and other groups in the United States
are involved mostly in drug trafficking, prostitution and exploitation of women.

MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It includes the
following:
*United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has connection
with Southeast Asian and North America.
* Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and refining of
drugs.
* Myanmar National Democratic Alliance Army – control the plantations and refine opium into
heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are also some of
the activities of the group.

TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong Kong
particularly the United Bamboo Gang. They are involved in drug trafficking, prostitution, women and
child trafficking.

SINGAPORE
This is the country with the lowest cases of organized activities due to stringent laws and
severe penalties and the government’s strong will power for the implementation of laws.

THAILAND
The country considered to be the most notorious in the world in terms of sex industry.
Supplies or imports about one (1) million women in different countries in Asia.

VIETNAM
“Nam Cam Gang” is one of the most noted organized crime group in Vietnam and known for
drug trafficking and one of the major transit point of drugs in Laos, Myanmar, China and Taiwan from
Cambodia.

1-
38 -
PHILIPPINES
The country considered as the heaven for the sex industry. A number of women are sent
abroad as entertainers but later end-up as prostitutes. Thailand, Japan and other Asian Countries are
common places of their destination. Young children for pedophiles are also being catered.

1. Francisco Group
- Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and
Mindanao
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is
a nephew of MILF Chairman AL HAJ MURAD
3. Lexus Group
- specializes in carnapping and operates in NCR and Luzon
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
- engages in illegal gambling and operates in Visayas.
6. Superable Family
- a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was
killed in action during a shoot-out with law enforcers
7. Martires KFR group
- killed in Action (KIA)
8. Waray-Waray Group
- an ethnic group engaged in kidnap for ransom operations. Members are either belong from
the family clan or natives from Samar and Leyte. Their leader was arrested on September 24,
2005.
9. Lupo Rhu Group
- lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.

TRANSNATIONAL ORGANIZED CRIME

CONCEPT OF TRANSNATIONAL CRIME

The concept of transnational crime was coined by the United Nations (UN) Crime Prevention
and Criminal Justice Branch to identify certain criminal phenomena transcending international
borders, transgressing the laws of several states or having impact on another country.

TRANSNATIONAL CRIME
- a continuing illegal activity of group of person which is primarily concerned with the generation
of profits, irrespective of national boundaries as a result of globalization.

1-
39 -
GLOBALIZATION
- refers to the rapid development of the western culture that ultimately affects other cultures in
the world as brought by intellectual and technological advances, in which some crimes
occurring in other countries are attributed.

TRANSNATIONAL ORGANIZED CRIME

- is a crime perpetuated by organized criminal group which the aim of committing one or more
serious crimes or offenses in order to obtain directly or indirectly, a financial or other material
benefits committed through crossing of borders or jurisdictions

ORGANIZED CRIMINAL GROUP

- shall mean a structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing or more serious crimes or offenses established in
accordance with this convention, in order to obtain, directly or indirectly , a financial or material
benefit

SERIOUS CRIME
- shall mean conduct constituting an offence punishable by maximum deprivation of liberty of at
least four years or a more serious penalty

An offense is transnational in nature if:

- It is committed in more than one State;
- It is committed in one State but substantial part of its preparation, planning, direction or control
takes place in another State;
- It is committed in one State but involves an organized criminal group engages in criminal
activities in more than one State; or
- It is committed in one State but has substantial effects in another State.

Factors Making a Nation “hospitable” to Transnational Crimes

1. Corruption
2. Incomplete or weak legislation
3. Poor enforcement of existing laws
4. Non-transparent financial institutions
5. Unfavorable economic conditions
6. Lack of respect for the rule of law in society
7. Poorly guarded national borders
8. Lack of political will to establish rule of law
9. Geographic location (e.g. along arms or narcotics trafficking route)
10. Regional geopolitical issues (e.g. long-standing territorial dispute).

PRIMARY STRATEGIES AGAINST TRANSNATIONAL ORGANIZED CRIME

- Good Governance
- The Rule of Law 1-
40 -
- International Cooperation

Executive Order No. 265

- creating the OSETC for a stronger campaign against transnational crime
- the Office of the Special envoy on Transnational Crime is the agency concerned in resolving
overlaps in systems and procedures and determines the appropriate agency competent to
address a specific transnational crime issue

Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons

HUMAN TRAFFICKING

TRAFFICKING IN PERSON (TIP)

- a form of modern-day slavery
- refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or
without the victim's consent or knowledge, within or across national borders by means of threat
or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs.
Section 3a, RA 9208

Push Factors to Trafficking

1. Individual level
2. Family
3. Community
4. Society

Individual level
- Lack of education and information
- History of abuse and exploitation
- Women’s aspiration
1-
41 -
Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
- Breadwinner or desire to improve the family’s economic condition

Community
- Congested neighborhood
- Poor housing and living conditions
- Lack of employment opportunities
- Lack of basic social services

Society
- Political and economic insecurity
- Political corruption
- Conflict
- Structural adjustment policies resulting in the rising cost of living
- Poverty
- power relations and gender inequality
- Lure of migration
- Consumerism
- Supply and demand

Pull factors to trafficking

- Increased ease of travel (cheaper and faster travel opportunities, easier access to passport);
- Higher salaries and standard of living in larger cities and countries abroad (greater possibilities
for acquiring new skills and education, increased job opportunity, and mobility);
- Established migration routes and ethnic, national communities;
- Active demand for migrant workers in destination countries combined with the existence of
recruitment agencies and persons willing to facilitate jobs and travel; and
- High expectations of opportunities in other countries boosted by global media and internet
access and stories of returning migrants or those whose families have profited from
remittances.

Global Status of Human Trafficking

- In 2004, according to U.S government 600,000 to 800, 000 people were victims of trafficking
worldwide.
(mostly female and minors and 70 percent were trafficked for sexual exploitation)
- According to the data of International Labour Organization 12.3 Million people were trafficked
around the world (across borders and individual countries)
- 300, 000 children were trafficked to serve in armed conflicts (UNICEF)

1-
42 -
TIP in Asia
- 9.5 million were trafficked in Asia (ILO).
(1/3 trafficked for other form of economic exploitation, the rest are for commercial sexual
exploitation)

Status of Human Trafficking in the Philippines

- According to the United Nations Children's Fund (Unicef) an estimated 60,000 to 100,000
children in the Philippines are involved in prostitution rings.
- According to the International Labour Organization (ILO) about 100,000 children are involved
in prostitution.
- US government reports, the number of child victims in the Philippines range from 20,000 to
100,000, with foreign tourists, particularly other Asians, as perpetrators.
- The Philippines is ranked under Tier 2 Watch List in the 2009 Trafficking in Persons Report of
the United States (US) State Department due to the Philippine government’s alleged failure to
show evidence of progress in convicting trafficking offenders, particularly those responsible for
labor trafficking.

Vulnerable sector

- Profiles of women trafficked show that they are mostly young, without or less education coming
from the rural areas and poor families, which include women displaced in Central Luzon due to
the eruption of Mt. Pinatubo or the landslide in Guinsaugon Southern Leyte.

Philippine Government Manifested its Commitment against TIP through the

Creation/Amendment of other legislative acts such as:
- Mail-Order Bride (RA 6955)
- Anti-Rape law of 1997 (RA 8553)
- Rape Victim Assistance and Protection Act of 1988 (RA 8505)
- Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610)
- An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private
Undertakings (RA 7658)
- Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042)
- Philippine Passport Act of 1996 (RA 8239)
- Inter-Country Adoption Law (RA 8043)

Republic Act 9208

- Anti-Trafficking in Persons Act of 2003
- Approved May 26, 2003
- Consolidation of Senate Bill No. 2444 and House Bill No. 2444

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
1-
43 -
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
done under the pretext of domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person
or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;
and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology and
the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide
pre-departure registration and services for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and
local airports, territorial boundaries and seaports who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person
held to a condition of involuntary servitude, forced144-labor,
-
or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; Deficiency
Syndrome (AIDS).
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public officer or employee;

COMPUTER CRIME
- any crime accomplished through special knowledge of computer technology.
- any crime where computer is used as a tool or as a target or incidental to the commission of a
crime.
- Also known as Cybercrime.
- Any illegal act in which knowledge of computer technology is used to commit the offense. (L.
E. Quaratiello)
- All illegal activities that are committed by or with the aid of computer or information technology
or in which the computers are the target of the criminal enterprise. (Martin L. Forst)

CYBER CRIME IN THE PHILIPPINES

The LOVE BUG

By far the most popular incidence of cybercrime in the Philippines is the “ILOVEYOU Virus” or
the LOVE BUG. The suspect in the case, a 23-year old student from a popular computer university in
the Philippines drafted the virus with the vision of creating a program that is capable of stealing
passwords in computers, ultimately to have free access to the internet.
During the height of the LOVE BUG incident, Reuters has reported: "The Philippines has yet
to arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws that deal with
computer crime, a senior police officer said". The fact of the matter is that there are no laws relating to
Cybercrime in the Philippines. The National Bureau of Investigation is finding it difficult to legally
arrest the suspect behind the 'Love Bug' computer virus.
As such, the need for countries to legislate Cyberlaws relating to Cybercrime arises on an
urgent priority basis. Due to the incident, the Philippines have seen the necessity for the passage of a
law to penalize cyber crimes, thus the enactment of Republic Act 8792 otherwise known as the
Electronic Commerce Act.

RA 8792
- legislated because of I love you virus
- This Act shall be known and cited as the "Electronic Commerce Act.”
1-
- Approved June 14, 2000 45 -
Common Types of Cyber Crimes already handled by NBI
1. HACKING / CRACKING
2. MALICIOUS EMAIL SENDING
3. INTERNET PORNOGRAPHY
4. LAUNCHING OF HARMFUL COMPUTER VIRUSES
5. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DOS)
6. WEBSITE DEFACEMENT
7. ACQUIRING CREDIT CARD INFORMATION FROM AN E-COMMERCE WEBSITE
8. INTERNET SHOPPING USING FRAUDULENTLY ACQUIRED CREDIT CARDS
9. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY ACQUIRED CREDIT CARD
10. ON-LINE AUCTION FRAUD

WHAT ARE COMMON METHODS AND STANDARD TERMS USED TO DESCRIBE CYBER
CRIME?

Hacking
- is the act of illegally accessing the computer system/network of an individual, group or
business enterprise without the consent or approval of the owner of the system

Cracking
- is a higher form of hacking in which the unauthorized access culminates with the process of
defeating the security system for the purpose of acquiring money or information and/or availing
of free services

Malicious Sending of E-mails

- the sending of malicious and defamatory electronic mails for the purpose of extorting money,
or threatening prospective victims

Internet Pornography
- The trafficking, distribution, posting, and dissemination of obscene material including children’s
nude pictures, indecent exposure, and child sex slavery posted into the internet, live streaming
videos aired through the internet

A computer virus
- is a computer program that can copy itself and infect a computer without permission or
knowledge of the user

Launching of Harmful Computer Virus

1. Virus
2. Worm
3. Trojan Horse

1-
46 -
Worm
- spread itself to other computers without needing to be transferred as part of a host

Trojan horse
- is a file that appears harmless until executed. Trojan horses do not insert their code into other
computer files

Logic bomb
- a set of instructions secretly inserted into a program that is designed to execute if a particular
program is satisfied
- the bomb lies dormant until a particular date is reached or command entered

Identity theft
- defined as the criminal act of assuming person’s name, address, social security number, and
date of birth in order to commit fraud

Phishing
- sending fraudulent e-mails or website pop-ups, to get victims to divulge sensitive financial
information such as credit card numbers or social security numbers

Distributed Denial of Service Attacks

- DDoS attacks can be committed by employing multiple computers controlled by a single
master computer server to target a particular server by bombarding it with thousands of
packets of data in an attempt to overwhelm the server and cause it to crash

Website defacement
- is the unauthorized modification of a website

Acquiring Credit Card Information from a Website that offers E-Services

- When you shop online, the most convenient way to pay for the items you order is through your
credit card. When you pay thru your credit card, you need to disclose information such as your
complete name, your postal address, zip code, state, phone number credit card account
number, its expiration date and its security code/pin. Upon entering the above-mentioned
information, it will be verified “real-time” by the site merchant. It usually takes a minute to verify
whether the credit card is valid or invalid. If valid, the information you entered will be stored in
the website’s database server. Hackers look for the file containing the credit card information
of all the customers who bought from a certain e-commerce site. Upon acquisition thereof, it
will be decrypted to make it readable and all the information of the transactions will be made
available.Hackers prefer VISA, AMERICAN EXPRESS and MASTERCARD when filtering
credit card information. It is because VISA and MASTERCARD are widely accepted by almost
ALL Internet Shopping Sites. American Express on the other hand has no CREDIT LIMIT

- Credit card numbers of American Express start with the number 3, MasterCard credit cards
start with the number 5 while VISA Credit cards
1- start with the number 4
47 -
 - American Express credit cards have 15 digits Account Number while Visa and Mastercard
credit cards contain 16.

Internet Shopping Using Fraudulently Acquired Credit Card

Hackers, upon acquiring the desired credit card information now conducts “window shopping”,
hopping from one shop site to another, looking for cellphones, gadgets, apparels, computer
peripherals, softwares etc. When he finds what he wants to buy, he then add/s his desired item/s to
the shopping cart and checkouts. He will then supply the Credit Card information of the fraudulently
acquired credit card such as the Complete name of the cardholder, address, zip code, state, email
address, credit card number and expiration date. Other pertinent information such as shipping
address of the items ordered will have to be supplied too.

Wire Transfer of Funds from Fraudulently Acquired Credit Card

When a hacker knows your complete credit card information, he can extract CASH from the
acquired credit/debit card online. By signing up with Western Union Money Transfer
(http://www.westernunion.com) using the fraudulently acquired credit card information, he can
pretend that he will just send money to his relative and western union will directly debit the credit card
and it will reflect on the billing statement of the original credit card holder. Wire transfer of funds using
credit cards require the credit card security number.

Online Auction Fraud

- First, the fraudster should sign up for an account at an online auction site such as e-bay,
yahoo auctions or U-Bid
- The fraudster falsifies all information that he enters on the signup page. The only true
information is his email address, for he will be contacted by interested bidders by means of
email.He will be asked to provide a credit card. This is where he will need the fraudulently
acquired credit card. When all of the required fields are signed up, his application will be
approved and he will be a registered member of the said auction site. He is now then allowed
to bid, and auction any item. A fraudster will auction expensive items such as laptops,
cellphones, PDA’s (handheld devices), desktop computers, camcorders and hard to find
memorabilias. He will then sell it at a lower price for legitimate bidders to bid immediately. An
online fraudster only accepts payments thru personal checks, money order, wire transfer and
western union money transfer. It is bluntly stipulated in his auction page.

TECHNICAL TERMS

ISP – stands for Internet Service Provider. It provides internet service to internet users.
IP Address – series of numbers assigned by an Internet Service Provider to an internet user when it
connects to the Internet
Dynamic IP Address – a type of IP Address that changes everytime the internet user accesses his
Internet Service Provider. It is usually assigned to dial-up or base speed broadband service
subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps service etc.)
Static IP Address – a type of IP Address that is constant regardless of the time or number of
attempts the internet user accesses the internet.148It- -is usually assigned to High-Speed Internet Users
or Corporate Accounts (eg. ADSL (Asymetric Digital Subscriber Line) connections, E1 Internet
Connections, OC3 Internet Connections, T1 Internet Connections, Leased Line Internet Connections)
Website – a portfolio of a person / organization / entity / company which is posted on the Internet for
accessibility worldwide.

The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all crimes
committed via the internet. The identification of the IP Address leads to the identity of the Internet
Service Provider (ISP) used to access the internet and eventually the subscriber of the account where
the internet activity was performed.

The IP Address as given by the ISP depends on the type of internet account a subscriber maintains,
whether it is a DYNAMIC IP or STATIC IP.

If Static:
Subscriber information (name, billing address, installation address, type of internet account,
usage and costs etc.) if applicable

If Dynamic
log reports indicating telephone number used to make “dial-up” access

VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company should be analyzed to
determine whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the more important
matter to consider. The purpose of a Search Warrant application/ implementation in a cyber crime
investigation, as with any other offense is to confiscate and seize the instruments/implements, tools
used in the commission of the offense. Since the crime was committed with the aid of a computer, the
same and its peripherals are the instruments used in its commission.

TOP TEN SECURITY TIPS FOR COMPUTER USERS

1. Never send an e-mail that you wouldn't let your wife or boss to read.
2. Turn off your computer when you are not using it. It is the only sure way to keep the hackers
out.
3. Use a password to log onto your computer. Most operating system let you set a password and
to change it regularly.
4. Don’t accept cookies. If you have to, delete them when you are finished surfing.
5. Use the latest versions and software patches for your e-mail and your browser. New security
loopholes are constantly being discovered.
6. Keep your antivirus up to date. Hackers never rest. Every email attachment can contain a virus,
so scan it before you open it.
7. Watch your laptop at the airport. Be specially careful at X-ray security machines, which is where
most laptop theft occur.
8. Don’t use the same password over and over. Make new variations.
9. Use a paper shredder. Don’t just throw out unsolicited credit card application. Shred them.
1-
49 -
 10. Never give out your social security number, online or off. This information in a wrong hand is
license to steal.

TERRORISM

- the word terror derives from the Latin word terrere, meaning “to frighten”
- the use or threatened use of force design to bring about political change. (Brian Jenkins of the
Rand Corporation)
- the unlawful use of force or violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of political or social
objectives (FBI)
- an action the urban guerilla must execute with the cold-bloodedness, calmness and decision
(Modern godfather of urban guerilla, Carlos Marighella)
- a premeditated, politically motivated violence perpetuated against noncombatant targets by
groups of clandestine state agents, usually intended to influence an audience (U.S Department of
State)
- Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, opined that terrorism has
four basic components or elements providing guides to defining it, namely:
1. It is premeditated, planned in advance, rather an impulsive act of rage;
2. It is political and not criminal, but designed to change existing political order;
3. It is aimed at civilians and not a military targets or combat ready troops; and
4. Sub-national groups execute it, not the army of a given country.
- the unlawful or threatened use of force or violence by a person or an organized group against
people or property. With the intention of intimidating or coercing societies or governments, often
for ideological or political reasons, (Webster Dictionary)
- a threat or actual use of force or violence for political or other purpose, to foster fear, distrust,
insecurity, and unrest among specific or the general population
- violence for effect not primarily, and sometimes not all for the physical effect on the actual target,
but rather for its dramatic on an audience
- the calculated use of violence or the threat of violence to attain goals, often political or ideological
in nature
- violent criminal behavior designed to generate fear in the community, or a substantial segment of
it, for political purpose

International terrorism
- politically-oriented extreme violence that is perpetrated by residents or representatives of one
or more countries against the interest of another country or by members of a violent foreign
politically directed organization not affiliated with the country being attacked for the purpose of
forcing a change in government or in how society functions

Al Qaeda
- in Arabic, this means The Base
- founded by Osama bin Laden in 1980

1-
50 -
Osama bin Laden
- Organized al Qaeda
- born in 1955 or 1957 in the city of Riyadh
- responsible for truly heinous terrorist incidents, including the 2001 destruction of the World
Trade Center (WTC)
- died killed in Pakistan on May 2, 2011 (Operation Neptune Spear)

Ayman Mohammed Rabie al-Zawahiri

- Born June 19, 1951
- An Egyptian physician, Islamic theologian and current leader of al-Qaeda.

Hamas
- "enthusiasm“
- an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "Islamic Resistance Movement")
- is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip.
- Sheikh Ahmed Yassin & Mahmoud Zahar
- “Hamas is an extremist group...it is one of the deadliest terrorist organizations in the world today.”
George W. Bush

Hezbollah
- literally "Party of God“
- is a Shi'a Muslim militant group and political party based in Lebanon.
- receives financial and political support from Iran and Syria, and its paramilitary wing is regarded
as a resistance movement throughout much of the Arab and Muslim worlds
- the United States, the Netherlands United Kingdom, Israel, Australia, and Canada classify
Hezbollah as a terrorist organization, in whole or in part

Jemaah Islamiya

- Dates of operation: 1993- present

- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include Singapore,
Indonesia, Malaysia, Brunei, southern Thailand, and southern Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations linked to al-
Qaeda or the Taliban on 25 October 2002 under UN Security Council Resolution 1267

Domestic Terrorism
- politically oriented extreme violence that is perpetrated by residents of a country within that country
in order to force a change in government or how in society functions

TERRORIST IN THE PHILIPPINES

Rajah Solaiman Movement

- aka “Balik Islam” or “Back To Islam” 1-
51 -
- founder Hilarion del Rosario Santos III aka Hannah Santos, aka Ahmed Santos, aka Hilarion
del Rosario, converted to Islam in 1993 and married into the top ranks of the leadership of the
Abu Sayyaf Group (ASG)
- one of the latest groups affiliated with ASG, MILF and JI

ABU SAYYAF GROUP (ASG)

Aliases:
- Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the Swordsman

Founding Philosophy
- The Abu Sayyaf Group (ASG) was formed in 1991 during the peace process between the
Philippine government and the nationalist/separatist terrorist group, the Moro National
Liberation Front (MNLF). Angered by the movement toward a peaceful resolution, certain
MNLF members formed Abu Sayyaf

DIFFERENT TYPES OF TERRORISM

1. Anti-colonial Terrorism
2. Ideological Terrorism
3. Religious Terrorism

Ethnocentric

- the category of terrorist organization which is aimed at establishing a dominant or superior race
that will be looked upon by the entire populace in the world.

Revolutionary

- the category of terrorist group which is dedicated to overthrow an established order and replacing
it with a new political or social structure.

Political

- the category of terrorist group which aims in restructuring the society.

Nationalistic

- those who commit acts of violence due to their loyalty or devotion to their country.

ROOT CAUSES OF TERRORISM

1. Political Ideologicalism
2. Religious Fanaticism

Jihad
- the term which refers to the holy war waged by members of the Islamic religion against the
Jews.
1-
52 -
IDEOLOGY
- body of ideas affecting the social needs and aspirations of an individual or group, a class or a
culture”
- Bovier defines it as “a set of doctrines or beliefs that from the basis of a political, economic and
other systems”.

TERRORIST TACTICS
1. Bombings
2. Assassinations and Assaults
3. Kidnapping
4. Hostage-taking/skyjacking
5. Weapons of mass destruction (WMD)

WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?

- term used to describe a massive weapon with the capacity to indiscriminately kill large number of
people
- it could be nuclear, biological and chemical weapons

Categories of chemical agents (mostly in liquid form)

1. Nerve agents
2. Blistering agents
3. Chocking agents
4. Nerve agents

1. Nerve Agents
- agents that disrupt the mechanism by which nerves communicate with organs they stimulate
- in other words the agents gets the nerves to send the wrong signal to the muscles they control
and hence, disrupt muscle function of the body
ex. Sarin Gas

2. Blistering Agents
- there are three common of this type; the most widely known are mustard gas, lewisite, and
phosgene oxime. Mustard gas, first used in World War I, will caused blistering on the exposed
portions of the body, as well as on internal organs. It will generally cause blindness and then
death by respiratory failure

3. Chocking Agents
- one of the deadliest choking agents is phosgene gas. This agent damages the respiratory
system and causes the lungs to fill with water, and thus chokes the victim.
Ex. chlorine

Biological Agents (liquid or dry form)

1. Anthrax
2. Botulinum toxin 1-
53 -
 3. Brucellosis
4. Cholera
5. Plague
6. Typhoid fever
7. Rickettsia

Anthrax
- a single cell organism that is produced by a fermentation process, such as that by which beer
is made
- caused by Bacillus anthracis and the effects of exposure include a severe infection that
attacks the skin, lungs, and gastrointestinal tract
- direct contact will cause formation of dry scabs all over the victims body and can develop into
systematic infection
- when inhaled, the agent attacks the respiratory system with symptoms appearing from one to
seven days

Botulinum toxin
- a protein made by the clostridium botulinum bacteria
- exposure to the toxin, the nerve cell synapses are affected, causing palsy, spasms, and then
paralysis

Brucellosis
- also known as undulant fever
- symptoms can include intermittent or prolonged fever, headaches, profuse sweating, chills,
pains in the joints and muscles and fatigue

Cholera
- an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting accompanied by severe diarrhea
and a rapid loss of body fluids

Plague

- in natural transmittal form, the plague may the bubonic plague, or black death that eradicated a
great number of European in the middle ages
- transmitted from person to person by respiratory transmission, through rats, or from the bite of
an infected flea
- symptoms are high fever accompanied by general aches, severe weakness, and pneumonia

Typhoid fever
- caused by an organism called salmonella typhosa which causes fever and frontal headaches
and is usually accompanied by rose colored spots on the skin
- must employed through food and limited water contamination

1-
54 -
Rickettsia
- disease that appears in domesticated animals such as sheep, cattle, and goats
- spread to human through inhalation of particles contaminated with organism
- incubation period, ranging from 10 to 14 days

BOMBING

Terrorist commit bombings for a number of reasons:

1. To gain media attention, particularly the target is visible or symbolic.
2. Bombing is a cost effective and efficient way to attack a facility.
3. Bombing can be accomplished with a small number of personnel.
4. Bombing is inexpensive in comparison to alternatives such as kidnapping or hostage-taking.
5. Random bombing make a considerable impact on the population, because more people fear a
bomb attack than being kidnapped or taken hostage.
6. Explosives are readily available through theft, sympathetic supporters, or purchase. Explosives
can be constructed through the use legitimately purchased chemicals, fertilizers, and other
material.

Types of bombers
1. Amateur
2. Professional
3. Psychopathic
4. Suicidal
1. Amateur
- can be described as experiments
2. Professional
- builds or bombs or does both for profit
3. Psychopathic
- acts without rhyme or reason
4. Suicidal
- major attack weapon in recent years, particularly among Islamic terrorist groups

Number of elements which are almost universal in modern terrorist activities

- The use of violence to persuade
- Bombings or other attacks are employed to “make a point” with target victims.
- Selection of targets and victims for maximum propaganda value-
- The use of unprovoked attacks
- Maximum publicity at minimum risk
- Use of surprise to circumvent countermeasures
- Threats, harassment, and violence
- Disregarding women and children as victims
- Propaganda is used to maximize the effect of the violence
- Loyalty to themselves or kindred groups

1-
55 -
R.A. 9372
- Human Security Act of 2007
- Approved on March 6, 2007
- Effective on May 15, 2007

Terrorism
– any person who commits an act punishable under any of the following provisions of the RPC: (Sec.
3)
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d’ etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction)
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to give
in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty
of forty (40) years of imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism

- Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40)
years of imprisonment
- There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism

The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team may, upon a
written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form,
kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with
the use of any other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person charged with or
suspected of the crime of terrorism or conspiracy 156- commit terrorism.
to -
 Provided, That surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.

MONEY LAUNDERING
- MONEY LAUNDERING IS A CRIME.
- MONEY LAUNDERING IS ALSO THE WORLD’S THIRD LARGEST INDUSTRY BY VALUE.
- Cash is a bearer instrument and completely replaceable and easily convertible, lends
anonymity to many forms of criminal activity and of course is the preferred medium of
exchange in the criminal world.
- “Covers all procedures to change, obscure or conceal the beneficial ownership or audit trail of
illegally obtained money or valuables so that it appears to have originated from a legitimate
source.”
- “A process through which the existence of an illegal source of unlawful application of illicit
gains is concealed or disguised to make the gains legitimate, thereby helping to evade
detection, prosecution, seizure and taxation.”

“Money Laundering” is called what it is because the term perfectly describes what takes place,
illegal or dirty money is put through a cycle of transactions, or “washed”, or “laundered”, so that it
comes out the other end as legal, or clean money.

In other words, the source of illegally obtained funds is obscured through a succession of
transfers and deals in order that those funds can eventually be made to appear legitimate income.

How serious is the problem?

- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes,
providing them with the incentive and means to perpetrate such activities and at the same time
expand and consolidate their forces.

- Corrupts financial institutions, control sizeable sectors of the economy through investments
and even bribe and infiltrate governments. In extreme cases, it may lead to the virtual take-over of a
legitimate government.

- Destroys the integrity of governments. With the increasing awareness of the ill-effects of
money laundering and the growing interdependence among global communities, countries that are
known to be used by money launderers could be placed in a bad light, adversely affecting their
financial institutions and relations within regional and global economies.

The three common factors identified in laundering operations are:

a. The need to conceal the origin and true ownership of the proceeds;
b. The need to maintain control of the proceeds;
c. The need to change the form of the proceeds in order to shrink the huge volumes of cash
generated by the initial criminal activity, the so-called “predicate offense” or “unlawful
activity”. 1-
57 -
IMPUNITY
- without fear of prosecution
- without fear of confiscation

Money laundering is not a single act but is in fact a process that is accomplished in three
basic steps or stages:
a. Placement
b. Layering
c. Integration

- The physical disposal of cash proceeds derived from the unlawful activity.
- The aim is to remove cash from the location of acquisition to avoid detection.
- Separating illicit proceeds from their source by creating complex layers of financial
transactions designed to disguise the source of money, subvert the audit trail and provide
anonymity.
- The purpose is to disassociate the illicit proceeds from the unlawful activity by creating
intentionally a complex web of financial transactions aimed at concealing any audit trail as well
as the source and ownership of funds.
- The final stage in the process at which the money is integrated into legitimate economic and
financial systems and is assimilated with all the other assets in the system.
- Integration of laundered money into the economy is accomplished by making it appear to have
been legally earned. Thus, exceedingly difficult to distinguish between legal and illegal wealth.

Laundering of Proceeds
- Mix dirty money with legitimate funds
- Use dirty money for legitimate purposes
- Invest dirty money in legitimate business/es

The Vienna Convention of 1988 – The United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances
- “To deprive persons engaged in illicit traffic of the proceeds of their criminal activities and
thereby eliminate their main incentive for doing.”
- Taking profit away from the crime!
- Fighting money laundering prevents the criminal from enjoying his ill-gotten gains and he will
also be unable to infuse the same back to his criminal activity or organization.
- The Financial Action Task Force (FATF) is the international body formed by the leading
industrial countries in the world, collectively known as the Group of Seven (“G7”), during the
Paris G7 Summit of 1989.
- The Forty Recommendations
- List of measures that the FATF encourages all nations to adopt in order to institute and
implement an effective anti-money laundering program. They constitute the international
standards of anti-money laundering measures with respect to the criminal justice system, law
enforcement procedures and the regulation of the financial system.
1-
58 -
1. Criminalization of money laundering
2. Establishment of a system of suspicious transaction reporting
3. Creation of a centralized financial intelligence unit or “FIU”
4. Removal or relaxation of bank secrecy laws
5. Institution of a system allowing mutual assistance and cooperation between countries to
apprehend and prosecute suspected money launderers

The FATF cracks down on terrorist financing with the following nine special
recommendations:

6. Provide the widest possible range of assistance to other countries’ law enforcement and
regulatory authorities for terrorist financing investigations.
7. Impose anti-money laundering requirements on alternative remittance systems.
8. Strengthen customer identification requirements in international and domestic wire transfers.
9. Ensure that entities, in particular non-profit organizations cannot be used to finance terrorism.

- The provisions of the Anti-Money Laundering Act of 2001 (AMLA) or R.A. No.9160, as
amended, lays down the Philippine policies and principles to prevent banks, insurance companies
and the securities and capital markets and industries from being utilized by money launderers to
“wash” their so-called “dirty money”.

The two-fold policy of the AMLA are :

1. To protect and preserve the integrity and confidentiality of bank accounts;
2. to ensure that the Philippines is not used as a money laundering site of the proceeds of
unlawful activities.

- Thus, it is the Philippines’ policy not only to protect depositors and investors but of
equal importance is the investigation, apprehension and prosecution of suspected money
launderers.
- Under the AMLA, money laundering is “ a crime whereby the proceeds of an unlawful activity
are transacted, thereby making them appear to have originated from legitimate sources.”
- Money Laundering as a crime is committed in three (3) different ways under the AMLA
- “Any person knowing that any monetary instrument or property represents, involves, or relates
to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary
instrument or property.”
- Imprisonment of 7 to 14 years and a fine of not less than P 3 Million but not more than twice
the value of the monetary instrument or property involved in the transaction.
- “Any person knowing that any monetary instrument or property involves the proceeds of an
unlawful activity, performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraph (a) above.”
- Imprisonment of 4 to 7 years and a fine of not less than P 1 Million but not more than P 3
Million.
- “Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.”
1-
59 -
Other penalties include:
- Forfeiture of the monetary instruments or property involved in the money laundering offense in
favor of the Philippine government.
- Perpetual or temporary absolute disqualification from public office, as the case may be, if the
offender be a public official or employee.
- If the offender is a corporation, partnership, association or any juridical person, the penalty
shall be imposed on the responsible officer who participated in or allowed by gross negligence
the commission of the crime.

- “Unlawful Activity” refers to any act or omission or series or combination thereof involving or
having DIRECT relation to any of the following:
- Piracy on the high seas
- Qualified Theft
- Swindling
- Smuggling
- Offenses under the E-Commerce Act
- Hijacking, destructive arson, murder,
- Violations of the Securities and Regulation Code
- Felonies or offenses of a similar nature under penal laws of other countries

The Anti-Money Laundering Council (AMLC) is the financial intelligence unit of the Philippines
and is composed of the following officials:
- The Governor of the Bangko Sentral ng Pilipinas
- The Chairperson of the Securities and Exchange Commission
- The Commissioner of the Insurance Commission
A COVERED TRANSACTION is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of PHP500,000.00 within one (1) banking day.

Republic Act No. 9160

- approved on September 29, 2001
- this Act shall be known as the "Anti-Money Laundering Act of 2001.“

For the prevention of money laundering, the AMLA contains specific provisions on the
following areas:
a. Customer identification
b. Keeping of records
c. Recognition and reporting of covered and suspicious transactions
d. Training

Importance of Customer Identification

The inadequacy or absence of “KYC” standards can subject banks to serious customer and counter
(third) party risks, especially:
1. Reputational risk
2. Operational risk 1-
60 -
 3. Legal and concentration risk

Reputational Risk
- the potential that adverse publicity regarding a bank’s business practices and associations,
whether accurate or not, will cause a loss of confidence in the integrity of the institution.

Operational Risk
- the risk of direct or indirect loss resulting from inadequate or failed internal processes, people
and systems or from external events.

Legal Risk
- the possibility that lawsuits, adverse judgments or contracts that turn out to be unenforceable
can disrupt or adversely affect the operations or condition of a bank.

RA 9194            
- approved on March 7, 2003
- An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money Laundering
Act of 2001

ARM SMUGGLING

Smuggling
- also known as trafficking, is the clandestine transportation of goods or persons past a point
where prohibited, such as out of a building, into a prison, or across an international border, in
violation of the law or other rules

WHAT ARE FIREARMS?

- includes handguns, revolvers, pistols, rifles, muskets, carbines, shotguns, cannons and all
other deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged
by means of gunpowder or other explosives
- also includes air rifles and air pistols not classified as toys under the provisions of Executive
Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete
firearm.

FIREARMS TRAFFICKING
- refers to the act of any person who, through the use of any fraudulent machinations, shall
import or bring into, or export from, the Philippines, or assist in so doing, any firearm or parts
thereof, explosive or ammunition or machine, implements, equipments or tools for the
manufacture of firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
- receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment or sale of said firearms or parts thereof, explosive or ammunition or
machine, implements, equipments or tools for the manufacture of firearms, ammunition
or explosives after importation, knowing the same to have been imported contrary to law.
1-
61 -
Why does this illicit activity flourish?
- It is a dangerous but profitable criminal enterprise.
- However, it threatens not only public safety and national security but also endangers, and
oftentimes, takes away the lives of innocent persons.
- It is one of the transnational organized crimes that affect not only the Philippines and other
neighboring Asian countries but also the rest of the world.
- The country lacks anti-firearms smuggling/trafficking laws.
- No region is immune to illicit trade and trafficking in small arms and light weapons
- Collaborative and cooperative measures are essential to address this transnational threat.

Why should it be addressed?

- It poses a serious threat to national security and a stumbling block to economic development.
- Firearms can be tools of violence. Letting the control of the tools of violence get out of hand
can be a disaster for
any society.

Efforts to curtail the problem

- Improvement of the traceability of firearms;
- Passage of relevant laws and providing stiffer penalties thereto;
- Encouraging return of loose firearms through programs such as amnesty and “balik-baril”
programs; and
- More extensive law enforcement.

RELEVANT LAWS
- The Memorandum for the SILG recommending the phase-out of the use, manufacture or sale
of Paltik (home-made) Firearms; and
- The PNP Circular on the disposition of Captured, Confiscated, Surrendered and Deposited
Firearms, Ammunition and Explosives.

BASIC FIREARMS LAWS, RULES AND REGULATIONS:

Section 1, Republic Act No. 8294:
Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or
Ammunitions.
Penalty:Prision correccional in its maximum period and a fine of not less that Fifteen Thousand
pesos(P15,000.00)
(low-powered firearm such as rim fire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition: Provided that no other crime was committed)
Section 1, Republic Act No. 8294:

- Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of

Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of
Firearms or Ammunitions. 1-
62 -
 - Penalty:Prision mayor in its minimum period and a fine of Thirty Thousand pesos (30,000.00)
- (high-powered firearm which includes those with bores bigger in diameter that .38 caliber and
9 millimeter such as caliber 40, 41, 44, 45 and also lesser calibered firearms but considered
powerful such as caliber 357 and caliber .22 center fire magnum and other firearms with firing
capability of full automatic and by burst of two or three: Provided however, That no other crime
was committed by the person arrested)

INTELLECTUAL PROPERTY THEFT

Intellectual property theft is used interchangeably with intellectual property piracy which is the
unauthorized copying of goods, or works such as software, for resale by way of profit or trade; the
production and sale by way of trade of copies of goods which have been made without the authority
of the owner of the intellectual property; the facilitation of their production, and the distribution of such
goods including importation and retailing; counterfeiting or pirating of goods facilitated by use of the
Internet or satellite technologies, or piracy or theft of information or broadcasts, or unauthorized
photocopying of books for education purposes, or of unauthorized end-user piracy of software beyond
the purchaser’s license, or piracy of domain names or company names, or counterfeiting of currency;
the unauthorized manufacture and distribution of copies of such goods and works which are intended
to appear to be so similar to the original as to be passed off as genuine examples. This includes use
of famous brands on clothing not manufactured by or on behalf of the owner of the trade mark, and
exact copies of CDs containing any material or software, which are traded in a form intended to be
indistinguishable to ordinary consumers from the genuine product. Intellectual property right is “the
legal ownership by a person or business of a copyright, design, and patent, trade mark attached to a
particular product or process which protects the owner against unauthorized copying or imitation.
Such property rights are an important element of product differentiation and confer temporary
monopoly advantages to suppliers” (Pass, Lowes and Davies 1993: 265). The term intellectual
property rights include copyright and related rights, trademarks and service marks, geographic
indications, industrial designs, patents, layout-designs.

Four categories of intellectual property according to Nicole Leeper Piquero

- Patents
- Trademarks
- Trade secrets
- Copyright

Republic Act No. 8293            

- approved on June 6, 1997
- This Act shall take effect on 1 January 1998.
- Intellectual Property Code of the Philippines.

RA 10088
- known as the "Anti-Camcording Act of 2010
- Approved on May 13, 2010

1-
63 -
 DRUG TRAFFICKING

The Drug Trade

From the farmers to the producers, the smugglers, the street dealers, and the users, the drug
trade is deeply rooted in the global economy. It is protected and overseen by powerful groups known
as drug cartels that make huge profits from this multibillion-dollar industry.

What is drug trafficking?

- another term for dug trade
- refers to the illegal process through which narcotics and other illegal drugs are
produced, transported, and sold.
- the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.

- generally refers to the sale and distribution of illegal drugs

R.A. 6425 – Dangerous Drug Act of 1972 was repealed by,

R.A. 9165 – Comprehensive Dangerous Drug Act of 2002

ENVIRONMENTAL CRIME
Environmental Crime
- the deliberate evasion of environmental laws and regulations by individuals and companies in
the pursuit of “personal interest and benefit.” Where these activities involve movements across
national boundaries, or impacts upon the world as a whole, they can be termed "international
environmental crime”
The most common types of environmental crime fall under these major categories:
(1) biodiversity;
(2) natural resources-related crime;
(3) wastes;
(4) banned substances;
(5) other environmental offences like biopiracy and transport of controlled biological or
genetically modified material; Illegal dumping of oil and other wastes in oceans; violations of potential
trade restrictions under the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade; Trade in chemicals in
contravention to the 2001 Stockholm; Convention on Persistent Organic Pollutants; and fuel
smuggling to avoid taxes or future controls on carbon emissions.

ECONOMIC CRIME
Economic Crime
- referred to as commercial crimes and known also as “white collar” crimes
- any act characterized by fraud, concealment, or a violation of trust and are not dependent
upon the application or threat of physical force or violence
1-
64 -
PIRACY AND ARMED ROBBERY AGAINST SHIPS
Sea Piracy is described as
(1) an act of any person who, on the high seas, shall attack or seize a vessel or, not being a member
of its complement, nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belonging of its complement or passengers;
(2) any attack upon or seizure of any vessel, or the taking away of the whole or part thereof, or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of
the value thereof, by means of violence against or intimidation of persons or force upon things
committed by any person, including a passenger or member or complement of said vessel, in
Philippine waters, and
(3) any person who knowingly and in any manner aids or protects pirates, such as giving them
information about the movements of the police or other peace officers of the government, or
acquires or receives property taken by such pirates, or any person who abets the commission of
the piracy.

The definition of piracy is contained in article 101 of the 1982 United Nations Conventions on
the Sea (UNCLOS)
“Piracy consist of any of the following acts:
a. any illegal acts of violence or detention, or any act of depredation, committed for private
ends by the crew or the passengers of a private ship or a private aircraft and directed:
a.1 on the high seas, against another ship or aircraft, or against persons or property on
board of such ship or aircraft.
a.2 against a ship, aircraft, person or property in a place outside the jurisdiction of any
State.
b. Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of
facts making it a pirate ship or aicraft;
c. Any act inciting or of intentionally facilitating an act describe in sub-paragraph (a) or (b)

SMUGGLING OF CULTURAL PROPERTIES

Smuggling of Cultural Property refers to the act of any person who, through the use of any
fraudulent machinations, shall import or bring into, or export from, transfer from, the Philippines, or
assist in so doing, any cultural properties.
Cultural properties are old buildings, monuments, shrines, documents, and objects which may be
classified as antiques, relics, or artifacts, landmarks, anthropological and historical sites, and
specimens of natural history which are of cultural, historical, anthropological or scientific value and
significance to the nation; such as physical, anthropological, archaeological and ethnographic
materials, meteorites and tektites;
historical objects and manuscripts; household and agricultural implements; decorative articles or
personal adornment; works of art such as paintings, sculptures, carvings, jewelry, music, architecture,
sketches, drawings, or illustrations in part or in whole; works of industrial and commercial art such as
furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or other heraldic items, metals,
coins, medals, badges, insignias, coat of arms, crests, flags, arms and armor, vehicles or ships or
1-
boats in part or in whole. 65 -
 TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION
Definition of Terms

Accident (Legal meaning) – an accident is any happening beyond the control of a person the
consequences of which are not foreseeable.
There is no criminal liability in accident provided, the following requisites or elements under the law
must be satisfied;
   1. performance of a lawful act
   2. with due care
   3. causes injury to another by mere accident
   4. without any fault or intention of causing it
Articulated Vehicle - shall mean any motor vehicles with a trailer having no front axle and so
attached that part of the trailer rest upon the motor vehicle and a substantial part of the weight of the
trailer and of its load is born by the motor vehicle.
Benz Patent-Motorwagen - (motorcar) built in 1886, is widely regarded as the first automobile. It is a
vehicle designed to be propelled by an internal combustion engine.
Box Junction - is a road traffic control measure designed to prevent congestion and gridlock at
junctions. A road area at a junction marked with a yellow grid, which a vehicle should enter only if its
exit from it is clear. Box junctions were introduced in UK during 1967, following a successful trial in
London.

Chain of Events – is the making up of accident or the link which explains the occurrence of the
accident and its components are present in every accident.
1. Perception of hazard – is the point of sensory warning at which the operator sensed the
approaching hazard. The driver may not comprehend or recognized the hazard in all of it implications
at this point of perception, but there was a warning. The normal routine is perception, realization, or
recognition, decision, and action.
2. Possible Perception - is a link in the accident chain dealing with the reaction of a normal person.
Prompt perception occurs when possible and actual perceptions are very close. Maximum delayed
perception occurs when actual perception is delayed until impact shock alerts the driver.
3. Encroachment – is the movement of a vehicle into the path assigned to the other traffic unit.
4. Evasive Action – is the first action taken by a traffic unit to escape from a collision course or
otherwise avoid the hazard.
5. Point of no escape – is that location and that time after or beyond which an accident cannot be
prevented by the driver or pedestrian.
6. Initial Contact – it is the first accidental touching of an object collided with by a traffic unit in
motion.
7. Maximum Engagement – is the greatest collapse or overlap in a collision.
8. Disengagement – is the separation of a traffic unit in motion from an object with which it has
collided.
9. Final Rest of Stopping – it usually stabilizes the accident situation where both vehicles in a
collision has ceases its force, and stopping may occur with or without control by the driver or
1-
66 -
pedestrian.

Classification of Road
1. National Road
2. Provincial Road
3. City Road
4. Municipal Road
5. Barangay Road
6. Private Road

Compressed Air Car - is an alternative fuel car that uses a motor powered by compressed air. The
car can be powered solely by air, or by air combined (as in a hybrid electric vehicle) with gasoline,
diesel, ethanol, or electric plant.

Crosswalks - are designed to keep pedestrians together where they can be seen by motorists, and
where they can cross most safely across the flow of vehicular traffic.

Defensive Driving – is an act of driving while preventing accidents despite of the wrong actions of
others aggravated by the existence of adverse driving conditions. This requires knowledge, alertness,
foresight, judgment and skill.

Ferdinand Verbiest - a member of a Jesuit mission in China, built the first steam-powered vehicle
around 1672 which was of small scale and designed as a toy for the Chinese Emperor, that was
unable to carry a driver or a passenger, but quite possibly, was the first working
steam-powered vehicle.

Force Majure – is an inevitable accident or casualty, an accident produced by any physical cause
which is irresistible. In other words it is an Act of Man, such robbery, fire, fault, negligence,
rebellion, etc.

Fortuitous Event – an event which takes place by accident and could not have been foreseen. In
other words it is an Act of God which could neither be foreseen nor resisted, such as earthquake,
lightning, flood, and the like.

Francois Isaac de Rivaz - A French and Swiss national who invented a hydrogen powered internal
combustion engine with electric ignition and described it in a French patent published in 1807. In
1808 he fitted it into a primitive working vehicle the world's first internal combustion powered
automobile.

Fuel Cell Hybrid Vehicle - FCHV was developed by Toyota in 2005. The vehicle is powered by the
chemical reaction between hydrogen and oxygen to power the motor driving the vehicle.

1-
67 -
Geneva Convention on Road Traffic - September 19, 1949. Promotes the development and safety
of international road traffic by establishing certain uniform rules.

Gottlieb Daimler - He invented the high-speed petrol engine. He is also thought to have invented the
first real motorcycle in 1885.

Gustave Trouve - In November 1881, Trouvé demonstrated a working three-wheeled electric

automobile at the International Exhibition of Electricity in Paris.

Hit-and-run - is the act of causing (or contributing to) a traffic accident (such as colliding with a
person or a fixture), and failing to stop and identify oneself afterwards. It is considered a crime in
most jurisdictions.

      Characteristics of Hit-and Run Drivers

1. After living the scene, he dreads or frighten of being caught.
2. He may have left the accident scene because he was shocked, injured, or intoxicated.
3. He may have been too confused to know he was doing.
4. He may have a long record of violations or accidents and therefore a terrible fear of  getting further
involve with the law.
5. More often, he fears financial loss especially if he does not have liability insurance.
6. Hit-and run drivers do not have a establish method of operation unlike criminals.

Imprudence – indicates deficiency of action. If a person fails to take the necessary precaution to
avoid injury to a person or damage to property, there is imprudence. Imprudence usually involves lack
of skill.

Ivan Kulibin - a Russian mechanic and inventor, he developed in 1971 a human-pedalled, three-
wheeled carriage with modern features such as a flywheel, brake, gear box, and bearings.

Karl Friedrich Benz - was a German engine designer and car engineer, generally regarded as the
inventor of the first automobile powered by an internal combustion engine, and together with Bertha
Benz, pioneering founder of the automobile manufacturer Mercedes-Benz.

Last Clear Chance - it means that the driver who is in the better position to prevent the accident
shoulders the responsibility of preventing the accident. The last clear chance principle is always
applied in any traffic accidental investigation in order to justify penalized the driver who was not
defensive in its driving.

Lester Wire - a policeman in Salt Lake City, Utah. He developed the first electric traffic light in 1912
which used red-green.

Macadam - is a type of road construction pioneered by Scottish engineer John Loudon McAdam
around 1820. The method simplified what had been considered state of the art at that point. Single-
1-
sized aggregate layers of small stones, with a coating
68 - of binder as a cementing agent, are mixed in
an open-structured roadway.

Mesopotamia - (Present Iraq) location of the oldest constructed roads discovered to date. The
stoned paved streets date back to about 4000 BC, in the Mesopotamia cities of Ur and Babylon.

Milestone - The earliest road signs, giving distance or direction. Milestone is one of a series of
numbered markers placed along a road or boundary at intervals of one mile or occasionally, parts of a
mile. They are typically located at the side of the road or in a median.

Motor Car Act 1903 - introduced registration of motor cars and licensing of drivers in the United
Kingdom and increased the speed limit.

Motor Vehicle – shall mean any vehicle propelled by any power other than muscular power using the
public highways, but exempting road rollers, trolley cars, street sweepers, bulldozers, graders, fork-
lifts, cranes, vehicles which runs only on rails or tracks, tractors, trailers, and traction engine.

Negligence – indicates a deficiency of perception. If a person fails to pay proper attention to use due
diligence in foreseeing the injury or damage impending to be caused there in negligence. Negligence
usually involves lack of skill.

Nicolas-Joseph Cugnot - was a French inventor. He is known to have built the first working self-
propelled mechanical vehicle, the world's first automobile.

Nikolaus August Otto - the German inventor of the first internal-combustion engine to efficiently
burn fuel directly in a piston chamber.

Paris - in 1964, first time that police women were used for traffic control duties.

Pavement Markings – are markings on the roads and surfaces whereby a message is conveyed by
means of words or symbols, officially reflected for the purpose of regulating, warning and guiding
traffic.
May Indicate a Number of Things like
      1. Where lanes are divided
      2. Where you may pass other vehicles
      3. Where you may change lanes or which lane to use for turns
      4. Where pedestrian walkways are located
      5. Where you may stop for traffic signs and traffic signals

      Types of Pavement Markings

      1. Curve Markings – are used to show where parking is legally prohibited or not allowed, such
Bus Stop, or in front of a fire hydrant, drive way.
      2. Object Markings – are painted on fixed poles, and on vertical ends of bridges and ports to avoid
accidents.
      3. Reflectorized Markings – are used to mark hazardous area and also used as delineators or
1-
road limits, these delineators are aids especially during
69 - night driving, particularly when the alignment
of a road changes and might confused the operator of the vehicle.
      4. Striped Curb Markings – are markings used in traffic islands in order to warn the driver of the
traffic island on the road and aids the motorist to its traffic lane.
      5. Painted Crosswalk – are placed at intersections and other places where there is considerable
pedestrians traffic to provide pedestrians with safety zones when crossing.
      6. Broken White Lines – is used to define or separate traffic lanes. It permits crossing from one
lane to another if there is ample passing distance, and if the opposing lane is clear of traffic.
      7. Solid White Line – is used to separate opposing streams of traffic. Crossing is unlawful except
where ample distance exists and where the opposing traffic lane is clear of traffic.
      8. Solid Yellow Line – is your driving lane prohibits you from passing other vehicles.
      9. Double Yellow Line – indicates two way traffic; were crossing of pedestrian and motorist is not
allowed. It separates the opposing flow of traffic.
      10.Broken Yellow Lines – is a two way/highway which means no overtaking or passing is
permitted only when the road ahead is clear.
      11.Stop Line – it indicates where stop should be made.

PD 96 - A law declaring unlawful the use or attachment of sirens, bells, horns, Whistles or similar
gadgets that emit exceptionally loud or startling sounds, including dome lights and other signalling
or flashing devices on motor vehicles.(January 13, 1973)

      Excemptions - Motor Vehicles designated for official use by the

      1. AFP
      2. NBI
      3. LTO
      4. PNP
      5. BFP
      6. Hospital Ambulances

      Penalty
      1. Confiscation - 1st offense
      2. Imprisonment - 6 months and/or Fine. - 2nd and succeeding offenses.
      3. Cancellation or Revocation or Certificate of Registration

PD 1911 - a law authorizing the disposal of unclaimed recovered and impounded carnapped motor
vehicles.

      This law provides that all carnapped or stolen motor vehicle, recovered and impound by law
enforcement agencies which after a period of three (3) months from the date of its seizure/recovery
have remained unclaimed or whose real owners could no longer be determined or established
because the original numbers of the motor engine or chassis numbers could no longer be determined
and restored, are considered as abandoned motor vehicles and shall be sold and disposed of by the
Chief PNP or his authorized representative in a public auction.

In all cases before any public auction is effected, there shall be published once a week for three (3)
consecutive weeks in a newspaper of general circulation
1-
70 -
in the Philippines or in the place where it
was recovered or found, a description of the motor vehicles intended to be auctioned with a notice
that after the lapse of one month from the date of the last publication, should no person file a claim for
the recovery of the same, said motor vehicles will be sold at public auction.

Pedestrian Crossing - is a place designated for pedestrians to cross a road.

Pierre-Marie-Jérôme Trésaguet - was a French engineer. He is widely credited with establishing the
first scientific approach to road building about the year 1764. Proposed a method of construction
relying on a firm well-drained foundation of large rocks topped by progressively smaller ones, forming
a convex surface to make it more impervious to water. He is sometimes considered the first person to
bring post-Roman science to road building.

Places Where Parking is Prohibited

1. Within an intersection
2. On a crosswalk
3. Within six meters of the intersection of curb lines.
4. Within four meters of the driveways entrance to any fire station.
5. Within four meters of a fire hydrant.
6. In front of a private driveway
7. On the roadway side of any vehicle stopped or parked at the curb
   or edge of the highway.
8. At any place where official signs have been erected prohibiting
   parking.

PNP Highway Patrol Group - is an operational support unit of the PNP in-charge of anti-carnapping,
highway robbery and hi-jacking incidents. Formerly called Traffic Management Group. Traffic
Management in Metro Manila is managed by the MMDA.

Professional Driver – shall mean every and any driver hired or paid for driving or operating a motor
vehicle, whether for private use or for public.
      Categories of Drivers
      1. Tourist
      2. International Driver
      3. Government
      4. Professional
      5. Non-professional
      6. Student Permit

RA 4136 - the Land Transportation and Traffic Code.

RA 6539 - Anti-Carnapping Act of 1972. An act preventing and penalizing carnapping.

      Carnapping -  is the taking, with intent to gain, of a motor vehicle belonging to another without
the latter's consent, or by means of violence against or intimidation of persons, or by force upon
1-
things. 71 -
Road Intelligence – Unusual points of serious congestion must be noted. Note and report
unnecessary delay at stop signs or signals which are installed when traffic is heavier. Note and report
congestion that ties up traffic for a block or more.

Skid Marks - are marks caused by tires on roads which occur when a vehicle wheel stops rolling and
slides or spins on the surface of the road.

      Importance of Skid Mark In Traffic Accident Investigation

       - Skid marks can be analyzed to find the maximum and minimum vehicle speed prior to an
impact or incident.

      Kinds of skid Marks

      1. Pavement Grinding – is the collection of many fine scratches and some larger one form by
particles of gritty materials such as stone, gravel, glass and sometimes bit of metal itself in the rubber
of the tire or in the thread pattern and being ground or scored against the road surface.
      2. Tire Grinding – is the collection of particles of rubber ground from the tire surface by gritty
paving, especially before the tire gets hot enough smear. It occur on hard, dry, granular surfaces,
particularly weathered or new but not traffic-polished cement.
      3. Erasing – is a clean light area where a sliding tire had erased or removed dirt from the
pavement. Erasing is most likely to be found on traffic-polished concrete road.
      4. Squeeze Mark – are areas where a sliding tie rubs moisture of the surface in its path. It occurs
on some kind of surface as erasing except that the surface is wet.
      5. Smear of Soft Material – materials such as snow, mud, or debris usually wet smooth or spread
by a sliding tire. It occurs on road covered with snow, or mud.
      6. Smear of Bituminous Material – is excess asphalt or tar, usually warm which spread by a
sliding tire this occurs in pavement patches and joints in very warm weather and elsewhere when
there is an excess of tar or asphalt bleeding to the surface.
      7. Tire Smear – is a rubber melted from the tire rather than material melted from the road by a
sliding tire.
      8. Scrub of Tire during Collision – collision of cars usually cause the wheel to jam and prevents it
from turning. If the vehicles are moving there will be a heavy scrubbing action between tire and road
surface.
      9. Furrow – is a ploughed depression made by a sliding tire with material piled-up on each sides
and usually at the end. If the soil is smooth and sticky, there may be soft material smear in the bottom
of the rut.

        Types of Ending Skid Mark

      1. Overlapping Skid mark – occurs when the rear wheels track on top of the front wheel marks in
sliding.
      2. Front Wheel Marks – are in long skids on hard pavement with bituminous binders. Front wheels
skid marks in which most of the mark is at edge of the tire.
      3. Rear Tire Marks – are relatively faint because of lesser weight on the tire in slowing. They may
show thread grooves when the front tire marks do not.
      4. Flat Tire Scuffs – will leave marks by a scrubbing action without application of brakes due to
1-
overload. 72 -
      5. Gaps in Skid marks – are interruptions in skid marks made by release of brake pressure and its
reapplication.
      6. Skip Skid – are skid marks that are broken or interrupted without brakes being release.
      7. Curb in Skid marks – are usually gentle slides toward the edge of the road which is simply
downhill.

Sources of Power in Transportation

1. Man Power
2. Animal Power
3. Water and Air Power
4. Petroleum Fuel
5. Bi-fuel, bio gas, and Ethanol fuel
6. Hydrogen
7. Electric

Registration Classification of Vehicles

1. Private
2. For Hire
3. Government
4. Diplomatic

Scuff Marks – are signs left on the road by tires that are sliding or scrubbing while the wheel is still
turning.

      Types of Scuff Marks

      1. Decelerating Scuff – are left while the vehicle is slowing by braking effort and tires are both
sliding and rolling.
      2. Accelerating Scuff – are left by a wheel driven by the engine and spinning on the ground.
      3. Side Scuff – are scuff marks left by a tire that is free to rotate without braking or power the
sliding sideways, these are usually left by a vehicle steering around a curb and also in collision.
      4. Combination Scuff – are combination of slide with either decelerating or accelerating scuffs.
      5. Flat Tire Scuff – are marks lefts on the road by the edges of under-inflated or greatly
overloaded tires. They are usually smear of rubber, a flat tire rolls it become a very hot specially at
the edges where the pressure is greatest.
      6. Scrub of Tire – during collision it is much the same when the wheel is rotating as when it is
locked.
      7. Furrows – by a rotating and sliding wheel are little different than one with a locked wheel.

State of Necessity – there is state of necessity even if the injury to a person results in his death,
because self-preservation always makes the actor feel that his own safety is greater than that of
another.
   Elements or requisites under the law
   1. The evil sought to avoided actually exists ;
   2. The injury feared be greater than that done to avoid it;
1-
   3. That there is no other practical and less harmful
73 - means of preventing it.
Thomas Telford - a Scottish civil engineer, architect and stonemason, and a noted road, bridge and
canal builder.  he was dubbed The Colossus of Roads, and, reflecting his command of all types of
civil engineering in the early 19th century. He was elected as the first President of the Institution of
Civil Engineers.

Timeline - History of Transportation

      3500 BC - Fixed wheels on carts are invented - the first wheeled vehicles in history. Other early
wheeled vehicles include the chariot.
              - River boats are invented - ships with oars

      2000 BC - Horses are domesticated and used for transportation.

      181-234 - The wheelbarrow is invented.

      770 - Iron horse shoes improve transportation by horse.

      1492 - Leonardo da Vinci first to seriously theorize about flying machines - with over 100 drawings
that illustrated his theories on flight.

      1620 - Cornelis Drebbel invented the first submarine - a human oared submersible.

      1662 - Blaise Pascal invents the first public bus - horse-drawn, regular route, schedule, and fare
system.

      1740 - Jacques de Vaucanson demonstrates his clockwork powered carriage.

      1783 - First practical steam boat demonstrated by Marquis Claude Francois de Jouffroy d'Abbans
- a paddle wheel steamboat.

      1783 - The Montgolfier brothers invent the first hot air balloons.

      1787 - Steamboat invented.

      1769 - First self-propelled road vehicle invented by Nicolas Joseph Cugnot.

      1790 - Modern bicycles invented.

      1801 - Richard Trevithick invented the first steam powered locomotive (designed for roads).

      1807 Isaac de Rivas makes a hydrogen gas powered vehicle - first with internal combustion
power - however, it is an unsuccessful design.

      1807 - First steamboat with regular passenger service – inventor Robert Fulton's Clermont.

1-
      1814 - George Stephenson invents the first practical
74 - steam powered railroad locomotive.
      1862 - Jean Lenoir makes a gasoline engine automobile.

      1867 -First motorcycle invented.

      1868 - George Westinghouse invents the compressed air locomotive brake - enabled trains to be
stopped with fail-safe accuracy.

      1871 - First cable car invented.

      1885 - Karl Benz builds the world's first practical automobile to be powered by an internal
combustion engine.

      1899 - Ferdinand von Zeppelin invents the first successful dirigible - the Zeppelin.

      1903 - The Wright Brothers invent and fly the first engine airplane.

      1907 - Very first helicopter - unsuccessful design.

      1908 - Henry Ford improves the assembly line for automobile manufacturing.

      1908 - Hydrofoil boats co-invented by Alexander Graham Bell & Casey Baldwin - boats that
skimmed water.

      1926 - First liquid propelled rocket launched.

      1940 - Modern helicopters invented.

      1947 - First supersonic jet flight.

      1956 - Hovercraft invented.

      1964 - Bullet train transportation invented.

      1969 - First manned mission (Apollo) to the Moon.

      1970 - First jumbo jet.

      1981 - Space shuttle launched.

Traffic – is a movement of vehicles along a route where passengers and cargoes are carried by
transportation.

1-
75 -
      Elements of street and highway traffic
      1. The road user
      2. The vehicle and its load
      3. The road.

      Police officers main functions in Traffic

      1. Police traffic directions
      2. Police traffic law enforcement
      3. Police traffic accident investigation.

Traffic Accident - (traffic Collision) occurs when a vehicle collides with another vehicle, pedestrian,
animal, road debris, or other stationary obstruction, such as a tree or utility pole.

      Elements of traffic accident

      1. The vehicle involved
      2. The highway
      3. The road user.

          Causes of Traffic Accident

      1. Direct Causes – the direct causes of an accident are observable by witness and participants, or
may be constructed from physical evidence found at the scene. Since a direct cause relates to the
action of the human part of the traffic unit concerned it is a behavior cause. Usually only four direct
causes are considered in accident investigation;
            a. Initial Behavior - Any movement, position, or failure to signal intent to make a traffic
maneuver that creates a dangerous situation and is either hazardous, illegal, improper, or unusual
may be initial behavior of a nature justly term a direct cause of an accident.
            b. Speed – Too fast for conditions is the direct cause of many accidents.
            c. Delayed Perception – is inattention to the major task of operating a motor vehicle, and
occurs when the driver is distracted by conversation with other occupants of the car, lighting a
cigarette or cigar, looking at a roadway or the scenery, or glancing at occupants of nearby vehicles.
            d. Faulty Evasive Action – Faulty evasive action always occurs after perception and is the
reaction of a driver or pedestrian to a hazardous situation on the highway.

      2. Mediate and Early Causes – These mediate and early causes of an accident are also termed
condition causes in formalized accident investigation procedure. A mediate cause of an accident
occurs between the early and the direct causes in the time span leading to the accident, but it has a
closer relationship to the direct cause than to the early causes. A mediate cause should not be listed
unless it explains the direct cause of an accident. A mediate cause of an accident is an irregular or
unusual condition of a vehicle, the road, the weather, or of a road user (driver or pedestrian) that
explains on of the four direct causes of an accident: initial behavior, speed, delayed perception and
faulty evasive action.

      3. Early Causes - An early cause of an accident results from the act of any individual, or the
1-
failure to act by any person, which creates conditions
76 - leading to the chain of events making up an
accident.

         Early cause of an accident - is an act or negligence on the part of an individual or an

organization which causes or permits a mediate cause to exist.

      Traffic Accident Analysis

      1. Condition of the motor vehicles involved in the accident;
      2. Condition of the drivers at the time of the accident;
      3. Load of the vehicle;
      4. Weather condition;
      5. Characteristics of the road, which involves the design condition, and inhabitants of the place of
accident
      6. Presence or absence of traffic sign and its condition. All these factors must considered in order
to fully uncover the reasons of the accident, and thereby provide a factual bases in coming-up with a
traffic prevention program and traffic plans and programs.

    
      Key Events in a Traffic Accident

      Key Event – means the one which characterizes the manner of the occurrence of the traffic
accident. It determines the time, place, and type of accident.

      1. Point of Possible Perception – is the place and time at which the unusual or unexpected
movement or condition could have been perceive by a normal person.
      2. Delay in Perception or Perception Time – it is the time between the point of possible perception
and actual perception.
      3. Prompt Perception – is the perception of hazard which is actually nearly the possible accident.
      4. Maximum Delayed Perception – occurred when the traffic unit does not sense a hazard until he
hits another vehicle.
      5. Point of No Escape – is the place and time after or beyond which the accident cannot be
prevented by the traffic unit under consideration.
      6. Point of Impact – is used to mean as the point of initial contact, sometimes it is considered the
point of maximum engagement or center of force.
      7. Final Position – is the place and time when the object involved in the accident finally come to
rest without application of power.

Traffic Actuated Signal – is controlled by an individual using his hands in signaling the flow of traffic
wherein traffic shall proceed in accordance with the desire of the individual controlling the flow of
traffic.

Traffic Code - (also motor vehicle code) refers to the collection of local statutes, regulations,
ordinances and rules that have been officially adopted by countries to govern the orderly operation
and interaction of motor vehicles, bicycles, pedestrians and others upon the public (and sometimes
private) ways.
1-
77 -
Traffic Education – comprises all means for public information and the safety education of both
drivers and pedestrians as to traffic laws and the use of traffic facilities and an adequate training
program in traffic control throughout the police unit.

Traffic Engineering - is a branch of civil engineering that uses engineering techniques to achieve the
safe and efficient movement of people and goods on roadways.

      Functions of Traffic Engineering

      1. Fact finding surveys and recommendation of traffic rules and regulations.
      2. Supervision and maintenance to the application of traffic control devices.
      3. Planning of traffic regulations.

      Objectives of traffic Engineering

      1. To achieve efficient, safe, free and rapid flow of traffic.
      2. To prevent traffic accidents and casualties.
      3. To present the role of traffic engineering in reducing the needs for police action and simplifying
police performance.
      4. To show that good police action and performance makes engineering plans effective.

Traffic Investigation - Objective

1. Securing facts upon which to base an accident prevention program;
2. Determining whether or not laws have been violated, gathering evidence which will reveal the road
user responsible for the accident, and taking on-the-scene police action; and
3. Ascertaining the facts so that those involved in accidents can properly exercise claims under our
Civil Law.

Traffic Island - a small raised area in the middle of a road which

provides a safe place for pedestrians to stand and marks a division
between two opposing streams of traffic.

      Kinds of Traffic Islands

      1. Divisional and or Pedestrian Barrier
      2. Channelizing Island
      3. Refuge Island
      4. Rotary Island

Traffic laws - are the laws which govern traffic and regulate vehicles, while rules of the road are both
the laws and the informal rules that may have developed over time to facilitate the orderly and timely
flow of traffic.

Traffic Law Enforcement – comprises all police activities in connection with the direction of traffic,
regulation and education of drivers, determine potential offenders, constant patrol, giving of
assistance in the prosecution of offenders, investigation of accidents, follow-up complaints,
requesting police action, warning, summoning or arrest of violators, reporting of road hazards and
1-
obstruction. 78 -
      Traffic Enforcement Action
      1. Detection
      2. Apprehension
      3. Prosecution
      4. Adjudication
      5. Penalization
      Enforcement action is usual limited to:
      1. Verbal or written warning;
      2. Summon or citation requiring the offender to appear in court;
      3. Arresting traffic violators for traffic violations not attended
      4. Suspension or revocation of license;
      5. Payment of fines or civil damages, and;
      6. Prosecution of criminal offenses in relation to traffic.

Traffic lights - a set of automatically operated coloured lights, typically red, amber, and green, for
controlling traffic at road junctions, pedestrian crossings, and roundabouts.
Traffic Light Signals – is a power operated traffic control device by which traffic is warned or
directed to take some specific actions.
      Light: Flashing Red
      1. This is the same as STOP SIGN.
      2. STOP at the designated line.
      3. Vehicles will be crossing from the “other side”
      4. Expect pedestrians to cross at the pedestrian lane.
      5. PROCEED WHEN CLEAR.
      Light: Flashing Yellow
      1. This is the same as a YIELD SIGN.
      2. Proceed through the intersection with caution.
      3. You have the right of way over a flashing RED light.
      4. Vehicles on the other side will proceed to a FULL STOP.
      Light: Steady Green and Steady left/Right Arrow
      1. Vehicles can go straight or vehicles on the left lane can make a left turn.
      2. Vehicles can go straight or vehicles on the right lane can make a right turn.
      3. The RIGHT GREEN signal might or might NOT have a road sign disallowing a right turn while
the RED lights is On
Traffic Management – it comprises all public surfaces , facilities and agencies having responsibility
for licensing, approving, maintaining and controlling the flow of traffic and the use of traffic facilities.
Traffic Patrol – Traffic patrol refers to the observation of road conditions, the behavior of the drivers
and other users of vehicles for the purpose of traffic supervision and law enforcement and providing
authorized traffic-connected services to the public.
      Purpose of Traffic Patrol
      1. Deterrent to violations and dangerous driving.
      2. Detecting and apprehending violators.
      3. Observing and reporting traffic conditions.
      4. Observing and reporting road conditions, including view obstruction which needs attention.
1-
      5. Providing certain services to the public. 79 -
      Types/Kinds of Traffic Patrol
      1. Line Patrol – Conducts observation either in moving or stationary observation at a certain route
or point of a major street in a city.
      2. Area Patrol – Conduct observation either by moving patrol or stationary observation in a certain
area, which included a number of streets roads or sections of a highway.
      3. Stationary Observation – Observation of traffic conditions of a selected place, usually one with
unfavorable accident experiences for traffic law supervision. Stationary observation may be
conspicuous, visible or concealed, depending upon the location of the patrol unit in relation to the
street under observation.
      4. Conspicuous Observation – Stationary observation in which the observer remains in full review
of traffic conditions.
      5. Visible Observation – Stationary observation in which observer is full view but so located, for
example, at Side Street, so as to require effort on the part of traffic users to discover the observer.
      6. Concealed Observation – Stationary observation in which the observer is not visible to persons
using ordinary power of observation form the roadway being observed.

Traffic Signs – a device mounted on a fixed or portable means of words or symbols, officially created
and installed for the purpose of regulating, warning and guiding traffic.

      Types of Traffic Signs

      1. Regulatory Signs - are intended to inform road-users of special obligations, instructions or
prohibitions which must comply. A round shape is used for regulatory signs with exception of stop and
yield signs.
      2. Warning Signs - are intended to warn road-users of danger on the road and to inform them of
its nature. These signs have an equilateral triangular shape with one side horizontal.
      3. Guide or Informative Signs - are intended to guide road-users while they are traveling or to
provide them with other useful information.

       Types of Guide Signs

      1. Route markings – is usually found on highways composed of several lanes which are going into
different direction.
      2. Destination and distance signs – is usually erected on highway informing the motorist as to the
number of kilometers and at which way to take going to its place of destination.
      3. Information signs – is usually erected on highway which informs the motorist of the
establishments in the era, such hospitals, restaurants, restrooms, hotels, and other establishments
which provide services to motorist.

Transfer Evidence – it is evidence found at the accident scene that will connect to the suspected
vehicle and with the crime scene.

1-
80 -
 DRUG EDUCATION AND VICE CONTROL
DEFINITION OF TERMS

DRUG ADDICTIONS – A state of periodic or chronic (continuous) intoxication (drunk) detrimental to

individual and to the society produced by the repeated consumption of drugs (WHO)

CHEMICALS – Is any substance taken into the body, which alters the way, the mind and the
bodywork.

CHEMICAL ABUSE – Is an instance when the use of a chemical has produced a negative or harmful
consequence.

TREATMENT – Is a medical service rendered to a client for the effective management of hit total
conditions related to drug abuse. It deals with the physiological without abusing drugs.

REHABILITATION – Is a dynamic process directed towards the changes on the health of the person
to prepare him from his fullest life potentials and capabilities, and making him law-abiding and
productive member of the community without abusing drugs.

ENABLING – Is any action taken by a concerned person that removes or softens the negative effect
or harmful consequences of drug use upon the user. Enabling only makes thing worse. It is like
fighting fire with gasoline.

POLYDRUG ABUSE – Many people who abuse on drug tend to take allsorts of drugs. Some play
chemical “Russian roulettes” by taking everything including unidentified pills. This is called polydrug
abuse.

DRUG EXPERIMENTER – One who illegally, wrongfully, or improperly uses any narcotics
substances, marijuana or dangerous drugs as defined not more than a few times for reasons or
curiosity, peer pressure or other similar reasons.

DRUG SYNDICATE – It is a network of evil. It is operated and manned by willful criminals who
knowingly traffic in human lives for the money. Large sum of money, they can make in their illegal and
nefarious trade. The set results of their commerce are physical and mental cripples, ruined lives, even
agonizing death.

WITHDRAWAL PERIOD – From the point of habituation or drug dependence up to the time a drug
dependent is totally or gradually deprived of the drug.

TOLERANCE – It is the increasing dosage of drugs to maintain the same effect. This is dependent is
totally or amphetamines, barbiturates, opiates and solvents.

DRUG DEPENDENCE – A state of psychic or physical dependence, or both on dangerous drugs,

arising in a person following administration or use of a drug on a periodic or continuous basis.

PHYSICALDEPENDENCE – An adaptive state caused by repeated drug use that reveals itself by
development of intense physical symptoms when the drug is stopped (withdrawal syndrome).

PSYCHOLOGICALDEPENDENCE – An attachment to drug use which arises from a drug ability to

satisfy some emotional or personality need of an individual. (Physical dependence not required but it
does not seem to reinforce psychological dependence)
1-
81 -
MARIJUANA – Obtained from an Indian hemp plant known as “Cannabis Sativa” a strong, handy
,annual shrub which grows wild in temperature and tropic regions.

TETRAHYDROCANNABINOL – (THC) It is the psychoactive agent of marijuana. The more THC

present in marijuana, the more potent is the drug. It is also known as the “siniter element” in
marijuana. This is what causes the “high lift” or “trip” in marijuana users.

HASHISH – It is the dark brown resin that is collected from the tops of potent Cannabis Sativa. It is at
least five times stronger than crude marijuana. Since it is stronger, the effect on the user is more
intense, and the possibility of side effects is greater. Placing the crude plant material in a solvent
makes it. The plant material is then filtered out and the solvent is removed, yielding a gummy,
resinous substance.

NARCOTICS – Is any drug that produces sleep or stupor and relieves pain due to its depressant
effect on the central nervous system. A term narcotic comes from the Greek word for sleep
“Narkotikos”

OPIUM – Obtained from a female poppy plant known as “Papayer Somniferum”. It comes from the
Greek word which means “juice”. It is the original components of Morphine and Heroin.

MORPHINE – It is the second extraction from opium, six times stronger. It was named after
Morpheus the Greek god of dreams stimulating effects.

HEROIN – It is the third derivative extracted and the most powerful. It has no medical use because of
the high rate of medication. This is the most potent of opium derivatives, five times stronger than
morphine.

SHABU – It is Japanese form of drug abuse. It is an amphetamine type of stimulant whose chemical
use name in Methmphetamine. This stimulant was originally known as “Kakuseizal” is the Japanese
word for waking “Zai” the term for drugs. The stimulant started in Japan immediately after the end of
the Pacific War and brought into the Philippines by Japanese tourist.

COCAINE – It is an alkaloid contained in the leaves of “Erythoxylon coca” a hardy plant cultivated in
Bolivia. The first user of coca leaf were the Incas of Peru. It is a stimulant. A powerful natural
stimulant known to man. Cocaine acts immediately. It is a quick acting drug. Its effects are rapid from
the time of intake. It is indeed “super-speed”.

CODEINE – Is another opium alkaloid, the second to be developed after Morphine. It is used as a
painkiller, but more as a cough reliever.

10 MOST ABUSED DRUGS

 Shabu
 Menthodes (cough/cold preparation)
 Marijuana
 Rugby (inhalant)
 Phydol (cough/cold preparation)
 Diazepam (minor tranquilizer)
 Pseudoflex (cough/cold preparation)
 Hycodia (cough preparation) 1-
82 -
 Cotrex D (cough/cold preparation)
 Mercadol (cough/cold preparation)

MOST COMMON REASONS FOR USING DRUGS

 Influence by friends and peers
 Personal reason such as family problems and pleasure
 Got hooked by the pusher
 Used drugs for medical reason and hooked later on
 Accessibility of sources such as drug stores, medicine cabinets and shops

RA no. 9165 - Comprehensive Dangerous Drugs Act of 2002.

RA no 6425 - Dangerous Drugs Act of 1972 - the law that was repelled by RA no. 9165.

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and the schedules annexed to the 1971 Single Convention
on Psychotropic Substances (Art 1, Sec. 3).

Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy)

Tetrahydrocannabinol (MJ); Mescaline (Peyote)

What are the Controlled Precursors and Essential Chemicals?

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotrophic Substances (Art 1, Sec 3)

Ex. Table 1 – Acetic Anhydride

N- Acetyl Anthranilic Acid
Epedrine, Ergometrine, Lysergic Acid, etc.
Table 2 – Acetone, Ethyl Ether, Hydrochloric Acid
Sulfuric Acid, etc..

NOTE:

Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers to the Prohibited
drugs, Regulated drugs and Volatile substances.
Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its derivatives, Hallucinogen
drugs like MJ, LSD, and Mescaline
Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers
Volatile Substances – ex. rugby, paints, thinner, glue, gasoline

What are the Unlawful Acts and Penalties?

Unlawful Acts Penalty

Importation of Dangerous drugs and/or Life Imprisonment to Death and a fine ranging from
Controlled Precursors and Essential P500, 000 to P10 Million
Chemicals (sec. 4)
1-
83 -
Sale, Trading, Administration, Dispensation, Life Imprisonment to Death and a fine ranging from
Delivery, Distribution and transportation of P500, 000 to P10 Million
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort where Life Imprisonment to Death and a fine ranging from
dangerous drugs are used or sold in any P500, 000 to P10 Million
form (sec. 6)

Being an employee or visitor of a den, dive or Imprisonment ranging from 12 yrs and 1 day to 20
resort (sec. 7) yrs and a fine ranging from P100, 000 to P500,
000.
Manufacture of dangerous Drugs and/or Life Imprisonment to Death and a fine ranging from
Controlled Precursors and Essential P500, 000 to P10 Million
Chemicals (sec. 8)

Illegal Chemical Diversion of Controlled Imprisonment ranging from 12 yrs and 1 day to 20
Precursors and Essential Chemicals (sec. 9) yrs and a fine ranging from P100, 000 to P500,
000.
Manufacture or Delivery of Equipment, Imprisonment ranging from 12 yrs and 1 day to 20
Instrument, Apparatus and other yrs and a fine ranging from P100, 000 to P500,
Paraphernalia for Dangerous Drugs and/or 000.
Controlled Precursors and Essential
Chemicals (sec. 10)
Life Imprisonment to Death and a fine ranging from
Possession of Dangerous Drugs P500, 000 to P10 Million
(sec. 11)

Possession of Dangerous drugs in the following quantities,

regardless of degree of purity:

10 grams or more of opium; morphine; heroin; cocaine; MJ resin;

10 grams or more of MMDA, LSD and similar dangerous drugs;
50 grams or more of “shabu”/ Methamphetamine Hydrochloride;
500 grams or more of Marijuana

NOTE:
If the quantity involved is less than the foregoing, the penalties shall be graduated as follows:

1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if “shabu” is 10 grams or
more but less than 50 grams;

2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine ranging from P400, 000 to
P500, 000 if the quantities of dangerous drugs are 5 grams or more but less than 10 grams of opium,
morphine, heroin, cocaine, mj resin, shabu, MMDA, and 300 grams or more but less than 500 grams
of marijuana

3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from P300, 000 to P400, 000
if the quantities of dangerous drugs are less than 5 grams of opium, morphine, heroin, cocaine, mj
resin, shabu, MMDA, and less than 300 grams of1marijuana.
-
84 -
Possession of Equipment, Instrument, Apparatus Imprisonment ranging from 6 mos and 1 day
and other Paraphernalia for Dangerous Drugs to 4 yrs and a fine ranging from P10, 000 to
(sec. 12) P50, 000
Possession of dangerous Drugs during Parties, The maximum penalties provided for Sec. 11.
Social Gatherings or Meetings (sec. 13), and
Possession of Equipment, Instrument, Apparatus
and other Paraphernalia for Dangerous Drugs
during Parties, Social Gatherings or Meetings
(sec. 14)

Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st offense),
Imprisonment ranging from 6 yrs and 1 day to
12 yrs and a fine ranging from P50,000 to
P200, 000 (2nd Offense)

NOTE:
Section 15 shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided in sec.11, in which case the penalty
provided in sec. 11 shall apply.

Cultivation of Plants classified as dangerous Life Imprisonment to Death and a fine ranging
drugs or are sources thereof (sec. 16) from P500, 000 to P10 Million

Failure to comply with the maintenance and Imprisonment ranging from 1 yr and 1 day to 6
keeping of the original records of transaction on yrs and a fine ranging from P10, 000 to P50, 000
any dangerous drugs and/or controlled Plus revocation of license to practice profession.
precursors and Essential Chemicals on the part
of practioners, manufacturers, wholesalers,
importers, distributors, dealers, or retailers (sec.
17)
Unnecessary Prescription of Dangerous Drugs Imprisonment ranging from 12 yrs and 1 day to
(sec. 18) 20 yrs and a fine ranging from P100, 000 to
P500, 000.
Plus revocation of license to practice profession
Unlawful Prescription of Dangerous Drugs Life imprisonment to Death and a fine ranging
(sec.19) from P500, 000 to 10 Million pesos

The Unlawful Acts Punishable by Death Penalty

1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or
facilities or any means involving his/her official status to facilitate unlawful entry of the same
(sec 4, Art II).
2. Upon any person who organizes, manages or acts as “financiers” of any of the activities
involving dangerous drugs (sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals with in 100 meters
from the school (sec 5, Art II).
4. Drugs pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers or in any other capacity directly connected to the dangerous drug trade (sec 5, Art
II).

1-
85 -
 5. If the victim of the offense is a minor or mentally incapacitated individual, or should a
dangerous drug and/or controlled precursors and essential chemical involved in the offense be
the proximate cause of death of the victim (sec 5, Art II).
6. When dangerous drug is administered, delivered or sold to a minor who is allowed to use the
same in such a place (sec 6, Art II).
7. Upon any person who uses a minor or mentally incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia for dangerous drugs (sec. 10, Art II).
8. Possession of dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 13), and
Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous
Drugs during Parties, Social Gatherings or Meetings (sec. 14)

Dangerous Drugs Board (DDB) - the policy-making and strategy-formulating body in the planning
and formulation of policies and programs on drug prevention and control.

Duties/Function of the DDB -To develop and adopt comprehensive, integrated, unified and
balanced national drug abuse prevention and control strategy.

Composition of the DDB

1. 3 permanent members
2. 2 regular members
3. 12 ex officio members

The 12 ex officio members are the following:

1. DOJ secretary or his/her representative
2. DOH secretary or his/her representative
3. DND secretary or his/her representative
4. DOF secretary or his/her representative
5. DOLE secretary or his/her representative
6. DILG secretary or his/her representative
7. DSWD secretary or his/her representative
8. DFA secretary or his/her representative
9. DECS secretary or his/her representative
10. CHED chairman or his/her representative
11. National Youth Commission chairman or his/her representative
12. PDEA director general

 The DDB is under the office of the President.

 The Department Secretary's representative shall in no case be lower than Under Secretary.

The Two Regular Members of the DDB are:

1.  The President of The Integrated Bar of the Philippines (IBP)
2. The Chairman or President of a non-governmental organization involved in dangerous drug
campaign to be appointed by the President of the Philippines.

Permanent Consultants of the DDB

1. Director of the NBI
2. Chief of the PNP

PDEA - implementing arm of the DDB.

1-
86 -
Qualification of the 3 Permanent members of the DDB
- at least 7 years training and experience in the field of dangerous drugs and in any of the following
fields: law,medicine,criminology,psychology or social work.They are appointed by the President.
  The President shall designate a Chairman  of the DDB from among the 3 permanent members
who shall serve for 6 years.
 The Chairman of the DDB shall have a rank of Under Secretary.
 Term of office of the permanent members of the DDB - 6 years and until their successors shall
have been duly appointed and qualified.
 The PDEA shall be headed by a Director General with the rank of undersecretary.
 The PDEA Director General shall be appointed by the President of the Philippines.

Duties/Functions of PDEA Director General

  1. Responsible for the general administration and
      management of the agency.
  2. Perform other duties that may be assigned to
      him/her by the President.

 The PDEA Director General and the 2 Deputy Director General must possess adequate knowledge,
training and experience in the field of dangerous drugs and in any of the following field: law
enforcement, law, medicine, criminology, psychology and social work.

There are 2 PDEA Deputy Director General

  1. One for Administration
  2. One for Operation

 They shall have a rank of Assistant Secretary and both are appointed by the President of the
Philippines upon recommendation of the board.

Mandatory Services of the PDEA

  1. Intelligence and Investigation
  2. International Cooperation and Foreign Affairs
  3. Preventive Education and Community Involvement
  4. Plans and Operation
  5. Compliance, Legal and Prosecution
  6. Administrative and Human Resource
  7. Financial Management
  8. Logistic Management
  9. Internal Affairs

  PDEA shall establish regional offices.

PDEA Academy -  Shall be established either in Baguio City or Tagaytay City and in such other
places as may be necessary.
  PDEA Academy shall be headed by a Superintendent with the rank of Director. He shall be
appointed by the PDEA Director General.

3 Pronged Approached in the Solution of Drug Problems

  1. Law enforcement activities
  2. Preventive Drug Education and Information program in school and in communities.
  3. Treatment and Rehabilitation programs for drug dependent.
1-
87 -
Classification of Drugs according to effect

1. Depressant - "downers" - a drug reducing functional or nervous activity. Lower the level of
arousal when taken.
2. Stimulants - "Uppers" - increase mental  and/or physical function. A substance that raises the
levels of physiological or nervous activity in the body.
3. Hallucinogens - "psychedelics" - a drug that causes hallucinations. Psychoactive drugs that
cause subjective change in perception,thought,emotion and consciousness.

Classification of Drugs according to Pharmacology

1. Depressants
2. Narcotics
3. Tranquilizers
4. Stimulants
5. Hallucinogens
6. Solvents/Inhalants

Classifications of Drugs according to Legal Categories

1. Prohibited Drugs
2. Regulated Drugs
3. Volatile substances

Golden Triangle of Drug Trafficking

1. Laos
2. Thailand
3. Burma

The Golden Crescent

1. Afghanistan
2. Pakistan
3. Iran
4. India

Classification of Drug user/Abuser

1. Situational user - those who use drugs to keep them awake or for additional energy to perform
an important work. Such individual may or may not exhibit psychological dependence.
2. Spree user - school age user who take drugs for "kicks", adventure, daring experience or a
means of fun.
3. Hardcore addicts - those whose activities revolves almost entirely around drug use and
securing supplies. They show strong psychological dependence on the drug.
4. Hippies - Those who are addicted to drugs believing that drug is an integral part of life.

Commonly abused drugs:

1. Sedatives - are depressant drugs which reduce anxiety and excitement such as barbiturates,
tranquilizers and alcohol.
2. Stimulants - are drugs which increase alertness and activity such as amphetamine, cocaine
and caffeine.
3. Hallucinogen/Psychedelics - drugs which affect sensation,thinking,self awareness and
emotion.
4. Narcotics - drugs that relieve pain and often induce sleep. This includes opium and its
derivatives like morphine,codeine and heroin.
1-
88 -
 5. Solvents - volatile substances which are found to be the most commonly abused. 

Primary causes of drug addiction:

1. Pride - excessive feeling of self worth or self esteem or sense of self importance.
2. Anger - against, himself,family,friends and society in general.
3. Lust - burning sexual desire can distort the human mind to drug abuse.
4. Gluttony - "food trip" in the lingo of junkies.
5. Greed - wealth,fame,recognition as exemplified by people under pressure in their work of art
such as musician,actors and athletes who indulge in rug abuse.
6. Envy - to get attention from someone as sign of protest.
7. Laziness - "i cant syndrome" incapacity to achieve is a breeding ground of drug abuse and
boredom coupled with poor self image.

Warning Signs of Commonly Abused Drugs

 
1. Marijuana
  glassy red eye
 loud talking
 inappropriate laughter followed by sleepiness
 loss of interest, motivation
 weight gain or loss

  2. Depressant
  contracted pupils
 drunk-like
 difficulty concentrating
 clumsiness
 poor judgement

  3. Stimulants - ex. cocaine, amphetamines

  dilated pupils
 hyperactivity
 euphoria
 irritability
 anxiety
 excessive talking followed by depression or excessive sleeping
 may go long period of time without eating or sleeping
 weight loss
 dry mouth and nose

  4. Inhalants - ex. glues, aerosols, vapors

  watery eyes
 impaired vision, memory and thought
 secretions from the nose or rashes around the nose and mouth
 head aches and nausea
 appearance of intoxication
 drowsiness
 poor muscle control
 changes in appetite 1-
89 -
  anxiety
 irritability
 lots of cans,aerosols in the trash

  5 . Hallucinogens - ex. LSD, PCP

  dilated pupils
 bizarre and irrational behavior including paranoia, aggression, hallucination
 mood swings
 detachment from people
 absorption with self or other objects
 slurred speech
 confusion

  6. Heroin
  contracted pupils
 no response of pupils to light
 needle marks
 sleeping at unusual time
 sweating
 vomiting
 coughing, shiffling
 twitching
 loss of appetite

  7. Alcohol
  clumsiness
 difficulty walking
 slurred speech
 sleepiness
 poor judgement
 dilated pupils
 possession of false ID cards

  8. Tobacco/Nicotine
  smell of tobacco
 stained fingers or teeth

Analgesic - any drugs such as salicylates, morphine or opiates used primarily for the relief of pain.

1-
90 -
 FIRE TECHNOLOGY AND ARSON INVESTIGATION
WHAT IS FIRE?
Fire is the manifestation of rapid chemical reaction occurring between fuel and an oxidizer-
typically the oxygen in the air. Such rapid chemical reaction releases energy in the form of heat and
light.
Fire is heat and light resulting from the rapid combination of oxygen, or in some cases gaseous
chlorine, with other materials. The light is in the form of a flame, which is composed of glowing
particles of the burning material and certain gaseous products that are luminous at the temperature of
the burning material.

THE START OF FIRE

All matters exist of one of the three states – solid, liquid and gas (vapor). The atoms or
molecules of a solid are packed closely together, and that of a liquid is packed loosely, the molecules
of a vapor are not packed together at all, they are free to move about. In order for a substance to
oxidize, its molecules must be pretty well surrounded by oxygen molecules. The molecules of solids
or liquids are too tightly packed to be surrounded. Thus, only vapors can burn.
However, when a solid or a liquid is heated, its molecules move about rapidly. If enough heat is
applied, some molecules break away from the surface to form a vapor just above the substance.
This vapor can now mixed with oxygen. If there is enough heat to raise the vapor to its ignition
temperature (temperature needed to burn), and if there is enough oxygen present, the vapor will
oxidize rapidly – it will start to burn.
The start of burning is the start of a Chain Reaction (the burning process). Vapor from heated
fuel rises, mixes with air and burns. It produces enough heat to release more vapor and to draw in air
to burn that vapor. As more vapor burns, flame production increases. More heat is produced, more
vapor released, more air drawn into the flames and more vapor burns, the chain reaction keeps
increasing – the size of the fire increases until fuel is consumed.

CHEMISTRY OF FIRE
Obviously, three things are required for combustion or fire: FUEL (Combustible materials to
vaporize and burn), OXYGEN (Oxygen in air is the common oxidizing agent, to combine with fuel
vapor, air contains 28% O, 78 N, 1% inert gas), and HEAT (to raise the temperature of the fuel vapor
to its ignition temperature). The combinations of these three elements form the so-called Fire
Triangle.

The Fire Triangle

Oxygen Heat

Fuel

Figure 1 1 -
91 -
Figure 1 will show that if any side of the fire triangle is missing, a fire cannot start or if any side of the
fire triangle is removed, the fire will go off.

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

The combustion process is better represented by the fire tetrahedron.

The Fire Tetrahedron

Oxygen Heat

Fuel Chain Reaction

Figure 2

The fire tetrahedron is useful in illustrating and remembering the combustion process because it has
room for the chain reaction and because each face touches the other three faces.
The basic difference between the fire triangle and the fire tetrahedron is that: The tetrahedron
illustrates how flaming combustion is supported and sustained through the chain reaction. In this
sense, the chain reaction face keeps the other three faces from falling apart.
The fire tetrahedron also explains the flaming mode of combustion. The modes of combustion are
either Flaming mode or Surface mode (Glowing– represented by the fire triangle).
A condensed phased combustion is called glowing combustion
A gas-phased combustion is known as flame
If the process is confined with pressure it is called explosion
If combustion propagates at supersonic speed, it produced a detonation

PROPERTIES OF FIRE

A. The Physical properties

1. Specific Gravity – the ratio of the weight of a solid or liquid substance to the weight of an
equal volume of water.
2. Vapor density – the weight of a volume of pure gas composed to the volume of dry air at
the same temperature and pressure.
3. Vapor Pressure – the force exerted by the molecules on the surface of a liquid.
4. Temperature – the measure of the degree
1- of thermal agitation of molecules.
92 -
 5. Boiling Point – the constant temperature at which the vapor pressure of the liquid is
equal to the atmospheric pressure.
6. Ignition/Kindling temperature – the minimum temperature at which the substance must
be heated in order to initiate combustion.
7. Fire point – the lowest temperature of a liquid in an open container at which vapors are
evolved fast enough to support combustion.
8. Flash point – the temperature at which a flammable liquid forms a vapor-air mixture that
ignites (mixture with in the explosive range).

To burn a fuel (combustible material), its temperature must be raised until ignition point is reached.
Thus, before a fuel start to burn or before it can be ignited, it has to be exposed to a certain degree of
temperature. When the temperature of a certain substance is very high, it releases highly combustible
vapors known as FREE RADICALS (combustible vapors such as hydrogen gas, carbon monoxide,
carbon dioxide, and nitrogen).

During the process of pyrolysis, the following are involved:

 the fuel is heated until its temperature reaches its fire point,
 decomposition takes place – moisture in the fuel is converted to vapor,
 decomposition produces combustible vapors that rise to the surface of the fuel (free
radicals)
 free radicals undergo combustion.

B. The Chemical Properties

1. Endothermic Reactions – changes whereby energy (heat) is absorbed or is added

before the reaction takes place.
2. Exothermic Reactions – those that release or give off energy (heat) thus they produce
substances with less energy than the reactants.
3. Oxidation – a chemical change that is exothermic, a change in which combustible
material (fuel) and an oxidizing agent (air), react. Example of oxidation is combustion
which is the same as actual burning (rapid oxidation)
4. Flames – flames are incandescent (very bright/glowing with intense heat) gases. It is a
combustion product and a manifestation of fire when it is in its gas-phased combustion.

Types of Flames:

a. Based on Color and Completeness of Combustibility of Fuel

1. Luminous Flame – is orange-red, deposit soot at the bottom of a vessel being
heated due to incomplete combustion and has a low temperature.
2. Non-Luminous Flame – is blue, there is complete combustion of fuel and has
relatively high temperature.

b. Based on Fuel and Air Mixture

1. Premixed Flame – is exemplified by a Bunsen-type laboratory burner where
hydrocarbon (any substance containing primarily carbon and hydrogen) is
thoroughly mixed with air before reaching the flame zone.
2. Diffusion Flame – is observed when gas (fuel) alone is forced through a nozzle
into the atmosphere which diffuse in the surrounding atmosphere in order to form
a flammable mixture. The candle flame is an example of diffusion flame governed
1-
93 -
 purely by molecular diffusion, and the flame of the oxyacetylene torch. (diffused –
dispersed, widely spread)

c. Based on Smoothness
1. Laminar Flame – when a particle follows a smooth path through a gaseous
flame.
2. Turbulent Flame – are those having unsteady, irregular flows. As physical size,
gas density or velocity is increased, all laminar gas flows tend to become
turbulent.

FIRE ELEMENTS

As mentioned in part one, fire has been described as having three components: fuel, heat,
and oxygen. This triad was illustrated by the fire triangle, which symbolized, in the most basic terms,
a chemical relationship. The additional component needed to explain flaming combustion is a
chemical chain reaction shown in the fire tetrahedron.

THE FUELS

FUELS (Combustible Materials)– fuel is matter and matter exist in three physical states: solid, liquid
and gas. Solids melt to become liquids, and these may vaporize and become gases. The basic rule is
that at high enough temperature all fuels can be converted to gases. And each of the physical states
exhibits different physical and chemical properties that directly affect a fuel’s combustibility. For
example, gasoline as a liquid does not burn, it is the vapors rising from the liquid that burn. Likewise,
wood, the most common solid fuel, is not flammable, but gives of flammable vapors (free radicals).
FUEL is also a material that provides useful energy. Fuels are used to heat and cook food, power
engines, and produce electricity. Some fuels occur naturally and others are artificially created. Such
natural fuels are coals, petroleum, and natural gases obtained from underground deposits that were
formed million years ago from the remains of plants and animals. They are called fossil fuels, which
account for about 90% of the energy people use today.
Synthetic fuels can be made from fossil fuels, certain types of rock and sand, and biomass.
Most fuels release energy by burning with oxygen in the air. But some – especially chemical fuels
used in rockets – need special oxidizers in order to burn. Nuclear fuels do not burn but release
energy through the fission (splitting) of fusion (joining together) of atoms.

Classification of Combustible Materials

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

General Categories of Fuel

1. Solid Combustible Materials – includes organic and inorganic, natural or synthetic, and
metallic solid materials. 1-
94 -
 2. Liquid Combustible Materials – includes all flammable liquid fuels and chemicals.
3. Gaseous Substances – includes those toxic/hazardous gases that are capable of ignition.

The Solid Fuels

The most obvious solid fuels are wood, paper and cloth. Its burning rate depends on its configuration.
For example, solid fuels in the form of dust will burn faster than bulky materials.

Types of Flammable solids

a. Pyrolyzable solid fuels – include many of the ordinary accepted combustibles: wood, paper
and so on. The vapors released by their chemical decomposition support flaming combustion. This
exemplifies a gas-to-gas reaction: the vapors released mixed with oxygen in the air to produce a
flame.
b. Non-pyrolyzable solid fuels – solid fuels that are difficult to ignite. A common example is
charcoal. Chemical decomposition does not occur because there are no pyrolyzable elements
present. No vapors are released. The glowing combustion that results is an example of a gas-to-solid
reaction.

The following are group of solid fuels:

1. Biomass – it is the name given to such replaceable organic matters like wood, garbage and animal
manure that can be use to produce energy. For example, heat produced by burning nutshells, rice
and oat hulls, and other by-products of food processing. They are often used to operate plant
equipment.

Factors affecting the combustibility of wood and wood-based products

a. Physical form – the smaller the piece of wood, the easier it is to burn.
b. Moisture content (water content) – the freshly cut wood is more difficult to ignite and burn
than dry wood.
c. Heat conductivity - a poor conductor of heat takes a longer time to ignite than those
materials that are good conductors of heat.
d. Rate and period of heating – less flammable materials don’t easily ignite and needs direct
contact with flame than highly combustible materials.
e. Rate of combustion – with an unlimited supply of oxygen, the rate of burns increases, more
heat is produced and fuel is consumed more completely.
f. Ignition temperature – the higher the temperature, the faster it reaches ignition point and it
varies depending on the other factors above.

2. Fabrics and Textiles – almost all fibers and textiles are combustible. A fiber is a very fine thin
strand or thread like object. Fabrics are twisted or woven fibers. And textiles are machine woven or
knitted fabric.

Classification of Fibers

a. Natural Fibers – they come from plants (Coir – coconut fiber, Cotton – seed fiber, pulp –
wood fiber) , from animals (wool, silk, protein fibers – leather), from minerals (asbestos)
b. Synthetic/Artificial Fibers – organic fibers, cellulose fibers, cellulose acetate, non-cellulose,
and inorganic fibers like fiber glass, steel
1-
95 -
Factors affecting the combustibility of fibers

a. Chemical composition – natural and synthetic organic fibers are generally highly
combustible materials especially if they are dry. Mineral fibers and synthetic inorganic fibers
are normally fire resistant materials.
b. Fiber finish or coating – fiber coating combined with organic fibers are supportive to
continued burning of fabric.
c. Fabric weight – the heavier the fabric, the greater its resistance to ignition, thus delaying its
ignition.
d. Tightness of weave – the closer the fiber are woven, the smaller the space it contains, thus
it takes a longer period to ignite it.
e. Flame retardant treatment – fabric treated with flame retardant have higher resistance to
ignition.

Fabric Ignition

Limiting Oxygen Index (LOI) is a numerical basis of measuring the tendency of a fabric to
continuously burn once source of ignition is removed. If the LOI of a fabric is high, the probability that
it will cease to burn once the flame is removed is also high. Fabrics with high LOI and high ignition
temperature are safer for clothing and furnishing because they do not ignite easily. Also, they do not
continue burning after the source of heat or flame is removed.

3. Plastics – plastics are included as ordinary fuels under class A except those materials of or
containing cellulose nitrate. Cellulose Nitrate is a chemical powder used in bombs, they are also
called pyroxylin.

Plastics comprise a group of materials consisting mainly of organic substances or high molecular
substances. They are solid in the finished state although at some stage of manufacture plastics can
be made to flow into a desired shape, usually through the application of heat or pressure or both.

4. Coal – a black, combustible, mineral solid resulting from the partial decomposition of matter under
varying degrees of temperature. They are used as fuels in the production of coal gas, water gas, and
many coal compounds. They are also used to heat buildings and to provide energy for industrial
machinery.

The forms of coal are lignite or brown coal, sub-bituminous coal, bituminous coal, anthracite.
Bituminous coal is the most plentiful and important coal used by industry. It contains more carbon and
produces more heat than either lignite or sub-bituminous coal. It is also the coal best suited for
making coke. Antracite is the least plentiful and hardest coal. It contains more carbon and produces
more heat than other coals. However, antracite is difficult to ignite and burns slowly.

5. Peat – It is partially decayed plant matter found in swamps called bags and used as a fuel chiefly in
areas where coal and oil are scarce. In Ireland and Scotland, for example, peat is cut formed in
blocks, and dried; the dried bloks are then burned to heat homes.

The Liquid Fuels

1-
96 -
 Liquid fuels are mainly made from Petroleum, but some synthetic liquids are also produced.
Petroleum is also called crude oil. They may be refined to produce gasoline, diesel oil, and kerosene.
Other fuel oils obtained by refining petroleum to distillate oil and residual oils. Distillate oils are
light oils, which are used chiefly to heat homes and small buildings. Residual oils are heavy, and used
to provide energy to power utilities, factories and large ships.
Oil-based paint products are also highly flammable liquids.
In the process of vaporization, flammable liquids release vapor in much the same way as solid
fuels. The rate of vapor is greater for liquids than solids, since liquids have less closely packed
molecules. In addition, liquids can release vapor over a wide range, example, gasoline starts to give
vapor at –40C (-45 F).
This makes gasoline a continuous fire hazard; it produces flammable vapor at normal temperature.

General Characteristics of Liquids

1. They are matters with definite volume but no definite shape.

2. They assume the shape of their vessel because there is free movement of molecules.
3. They are slightly compressible. They are not capable of indefinite expansion, unlike gas.

2 General Groups of Liquid Fuels

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

Burning Characteristics of Liquids

Since it is the vapors from the flammable liquid which burn, the case of ignition as well as the rate of
burning can be related to the physical properties such as vapor pressure, flash point, boiling point,
and evaporation rate.

1. Liquids having vapors in the flammable range above the liquid surface at the stored
temperature have rapid rate of flame propagation.
2. Liquids having flash points above stored temperature have slower rate of flame
propagation. The chemical explanation is, it is necessary for the fire to heat sufficiently the
liquid surface to form flammable vapor-air moisture before the flame will spread through the
vapor.

Factors affecting the Rate of Flame Propagation

and Burning of Liquids

 wind velocity - temperature - heat of combustion - latent heat of evaporation -

atmospheric pressure

Latent heat is the quantity of heat absorbed by a substance from a solid to a liquid and from a liquid
to gas. Conversely, heat is released during conversion of a gas to liquid or liquid to a solid.

The Gas Fuels

Gaseous fuels are those in which molecules are in rapid movement and random motion. They
have no definite shape or volume, and assume the shape and volume of their container.
1-
97 -
There are both natural and manufactured flammable gases. Gas fuels flow easily through pipes and
are used to provide energy for homes, businesses, and industries. Examples of gas fuels are
acetylene, propane, and butanes.

Some properties of gas fuels are:

 compressibility – expandability - permeability (open to passage or penetration) -

diffusion (intermingling of molecules)

Compressibility and expandability refer to the potential in changes in volume. Diffusion is the uniform
distribution of molecules of one substance through those of another. Permeability means that other
substances may pass through or permeate a gas.

Characteristics of Gas Fuels

1. They are matters that have no definite shape.

2. They are composed of very tiny particles (molecules) at constant random motion in a
straight line
3. Gas molecules collide against one another and against the wall of the container and are
relatively far from one another.

Classification of Gases:

1. Based on Source

a. Natural Gas – the gas used to heat buildings, cook food, and provides energy for
industries. It consists chiefly of methane, a colorless and odorless gas. Natural gas is
usually mixed with compounds of foul-smelling elements like sulfur so gas leaks can be
detected.

Butane and propane, which make up a small proportion of natural gas, become liquids when placed
under large amount of pressure. When pressure is released, they change back to gas. Such fuels,
often called Liquefied Petroleum Gas (LPG) or liquefied Natural Gas (LNG), are easily stored and
shipped as liquid.

b. Manufactured Gas – this gas like synthetic liquid fuels is used chiefly where certain
fuels are abundant and others are scarce. Coal, petroleum, and biomass can all be
converted to gas through heating and various chemical procedures.

2. According to Physical Properties

a. Compressed Gas – gas in which at all normal temperature inside its container; exist
solely in the gaseous state under pressure. The pressure depends on the pressure to
which the container is originally charged and how much gas remains in the container.
However, temperature affects the volume and pressure of the gas.
b. Liquefied Gas – gas, which, at normal temperature inside its container, exist partly in
the liquid state and partly in gaseous state and under pressure as long as any liquid
remains in the container. The pressure basically depends on the temperature of the
liquid although the amount of liquid also affects the pressure under some condition. A
liquefied gas exhibits a more complicated behavior as the result of heating.
1-
98 -
 c. Cryogenic Gas – a liquefied gas which exist in its container at temperature far below
normal atmospheric temperature, usually slightly above its boiling point and
correspondingly low to moderate pressure. Examples of this gas are air, carbon
monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen, and oxygen.

3. According to Usage

a. Fuel Gases – flammable gases usually used for burning with air to produce heat, utilize
as power, light, comfort, and process. Most commonly used gases are natural gas and
the LPG (butane and propane).
b. Industrial Gases - This group includes a large number of gases used for industrial
processes as those in welding and cutting (oxygen, acetylene); refrigeration (freon,
ammonia, sulfur dioxide); chemical processing (hydrogen, nitrogen, ammonia, chlorine);
water treatment (chlorine, fluorine).
c. Medical Gases – those used for treatment such as anesthesia (chloroform, nitrous
oxide); respiratory therapy (oxygen).

Burning of Gaseous Fuels

Gaseous fuels are already in the required Vapor State. Only the proper intermixed with oxygen and
sufficient heat is needed for ignition. Gases like flammable liquids, always produce a visible flame,
they do not smolder.

Chemical Fuels

Chemical fuels, which are produced in solid and liquid form, create great amounts of heat and power.
They are used chiefly in rocket engines. Chemical rocket propellants consist of both a fuel and an
oxidizer. A common rocket fuel is the chemical hydrazine. The oxidizer is a substance, such as
nitrogen tetroxide, that contains oxygen. When the propellant is ignited, the oxidizer provides the
oxygen the fuel needs to burn. Chemical fuels are also used in some racing cars.

Nuclear Fuels

Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium is the most
commonly used nuclear fuel, though plutonium also provides nuclear energy. When the atoms of
these elements undergo fission, they release tremendous amounts of heat. Nuclear fuels are used
mainly to generate electricity. They also power some submarines and ships. Nuclear energy can also
be produced through the fusion of hydrogen atoms.

 Nuclear Fission – split of the nucleus of atoms

 Nuclear Fusion – combination of two light nuclei of atom

THE HEAT ELEMENT

HEAT – It is the energy possessed by a material or substance due to molecular activity.

In physics, heat is the transfer of energy from one part of a substance to another or from one
body to another by virtue of a difference in temperature. Heat is energy in transit; it always flows from
substance at a higher temperature to the substance at a lower temperature, raising the temperature
of the latter and lowering that of the former substance,
1- provided the volume of the bodies remains
99 -
constant. Heat does not flow from lower to a higher temperature unless another form of energy
transfer work is always present.
The study of energy is rooted in the subject of thermodynamics, a very logical science that
carefully defines energy, heat, temperature and other properties.
Heat is thermal energy in motion that travels from a hot to a cold region. Thermal energy is a
property of matter directly associated with the concept of temperature.

Heat and Temperature

Heat should not be confused with temperature, which is the measurement of the relative
amount of heat energy contained with in a given substance. Temperature is an intensity
measurement, with units in degrees on the Celsius (centigrade), Fahrenheit, or Kelvin scales. Heat is
the measurement of quantity and is given in British thermal units (Btu). One Btu is the amount of heat
required to raise one pound of water one degree Fahrenheit:

1 Btu heats 1 lb of water 1 F

1 gallon of water weighs 8.33 lb
8.33 Btu heat 1 gallon of water 1 F

Temperature is the measurement of the degree of thermal agitation of molecules; the hotness
or coldness of something. Thermometer is the instrument used to measure temperature and
commonly expressed in C, F, and K.
Although it is very easy to compare the relative temperatures of two substances by the sense
of touch, it is impossible to evaluate the absolute magnitude of the temperature by subjective
reactions. Adding heat to a substance, however, not only raises its temperature, causing it to impart a
more acute sensation of warmth, but also produces alterations in several physical properties, which
may be measured with precision.

Specific Heat
The heat capacity or the measure of the amount of heat required raising the temperature of a unit
mass of a substance one-degree. If the heating process occurs while the substance is maintained at
a constant volume or is subjected to a constant pressure the measure is referred to as a specific heat
at constant volume.

Latent Heat
A number of physical changes are associated with the change of temperature of a substance.
Almost all substances expand in volume when heated and contract when cooled. The behavior of
water between 0 and 4C (32 and 39 F) constitutes an important exemption to this rule. The phase
of a substance refers to its occurrence as a solid, liquid, or gas, and phase changes in pure
substances occur at definite temperatures and pressures. The process of changing from solid to gas
is referred to as SUBLIMATION, from solid to liquid as melting and from liquid to vapor as
VAPORIZATION. If the pressure is constant, the process occurs at constant temperature. The
amount of heat to produce a change of phase is called LATENT HEAT, and hence, latent heats of
sublimation, melting and vaporization exist. If water is boiled in an open vessel at a pressure of 1 atm,
the temperature does not rise above 100C (212F), no matter how much heat is added. For
example, the heat that is absorbed without changing the temperature of the water is the latent heat, it
is not lost but expended in changing the water to steam and is then stored as energy in the steam, it
is again released when the steam is condensed to form water (Condensation). Similarly, if the mixture
of water and ice in a glass is heated, its temperature will not change until all the ice is melted. The
latent heat absorbed is used up in overcoming the forces holding the particles of ice together and is
stored as energy in the water.
1-
100 -
 Temperature Scales

Five different temperature scales are in use today, they are:

1. Celsius – it has a freezing point of 0C and a boiling point of 100C. It is widely used
through out the world, particularly for scientific works.
2. Fahrenheit – it is used mostly in English-speaking countries for purposes other than
scientific works and based on the mercury thermometer. In this scale, the freezing point of
water is 32F and the boiling point is 212 F.
3. Kelvin or Absolute – it is the most commonly used thermodynamic temperature scale.
Zero is defined as absolute zero of temperature, that is, - 273.15 c, or –459.67 F.
4. Rankine – is another temperature scale employing absolute zero as its lowest point in
which each degree of temperature is equivalent to one degree on the Fahrenheit scale. The
freezing point of water under this scale is 492 R and the boiling point is 672 R.
5. International Temperature Scale – In 1933, scientist of 31 nations adopted a new
international temperature scale with additional fixed temperature points, based on the
Kelvin scale and thermodynamic principles. The international scale is based on the
property of electrical resistively, with platinum wire as the standard for temperature
between –190  and 660C.

Heat Production
There are five ways to produce heat:

1. Chemical – chemically produced heat is the result of rapid oxidation.

2. Mechanical – mechanical heat is the product of friction. The rubbing of two sticks together
to generate enough heat is an example.
3. Electrical – electrical heat is the product of arcing, shorting or other electrical malfunction.
Poor wire connections, too much resistance, a loose ground, and too much current flowing
through an improperly sized wire are other sources of electrical heat.
4. Compressed gas – when a gas is compressed, its molecular activity is greatly increased
producing heat.
5. Nuclear – Nuclear energy is the product of the splitting or fusing of atomic particles
(Fission or fusion respectively). The tremendous heat energy in a nuclear power plant
produces steam to turn steam turbines.

Heat Transfer

The physical methods by which energy in the form of heat can be transferred between bodies are
conduction and radiation. A third method, which also involves the motion of matter, is called
convection.

Hence, there are three ways to transfer heat: Conduction, Convection, and Radiation.

Conduction – it is the transfer of heats by molecular activity with in a material or medium, usually a
solid. Direct contact is the underlying factor in conduction. Example, if you touch a hot stove, the pain
you feel is a first result of conducted heat passing from the stove directly to your hand. In a structural
fire, superheated pipes, steel girders, and other structural members such as walls and floors may
conduct enough heat to initiate fires in other areas of the structure.

Convection – it is the transfer of heat through a circulating medium, usually air or liquid. Heat
transfer by convection is chiefly responsible for 1the
- spread of fire in structures. The supper-heated
101 -
gases evolved from a fire are lighter than air, and consequently rise, they can and do initiate
additional damage. In large fires, the high fireball that accompanies the incident is referred to as a
firestorm and is an example of convected heat.

Radiation – radiated heat moves in wave and rays much like sunlight. Radiated heat travels the
speed, as does visible light: 186,000 miles per second. It is primarily responsible for the exposure
hazards that develop and exist during a fire. Heat waves travel in a direct or straight line from their
source until they strike an object. The heat that collects on the surface of the object or building in the
path of the heat waves is subsequently absorbed into its mass through conduction.

Conduction requires physical contact between bodies or portions of bodies exchanging heat, but
radiation does not require contact or the presence of any matter between the bodies. Convection
occurs when a liquid or gas is in contact with a solid body at a different temperature and is always
accompanied by the motion of the liquid or gas. The science dealing with the transfer of heat between
bodies is called heat transfer.

Oxidizing Agent (Oxygen): The 3rd Element

Oxygen as defined earlier is a colorless, odorless, tasteless, gaseous chemical element, the most
abundant of all elements: it occurs free in the atmosphere, forming one fifth of its volume, and in
combination in water, sandstone, limestone, etc.; it is very active, being able to combine with nearly
all other elements, and is essential to life processes and to combustion.

The common oxidizing agent is oxygen present in air. Air composes 21% oxygen, 78% nitrogen, and
1 % inert gas (principally Argon). 21% normal oxygen is needed to produce fire in the presence of fuel
and heat. 12% oxygen is insufficient to produce fire, 14-15% oxygen can support flash point, and 16-
21% oxygen can support fire point.

FIRE BEHAVIOR, CAUSES AND CLASSIFICATION

The behavior of fire maybe understood by considering the principle of thermal balance and
thermal imbalance.

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

Dangerous Behavior of Fire

Fire is so fatal when the following conditions occurred:

1. Backdraft – it is the sudden and rapid (violent) burning of heated gases in a confined area
that occurs in the form of explosion. This may occur because of improper ventilation. If a room is not
properly ventilated, highly flammable vapors maybe accumulated such that when a door or window is
suddenly opened, the room violently sucks the oxygen from the outside and simultaneously, a sudden
combustion occur, which may happen as an explosion (combustion explosion).
2. Flashover – it is the sudden ignition of accumulated radical gases produced when there is
incomplete combustion of fuels. It is the sudden burning of free radicals, which is initiated by a spark
or flash produced when temperature rises until flash
1 - point is reached.
102 -
 When accumulated volume of radical gases suddenly burns, there will be a very intense fire
that is capable of causing flames to jump at a certain distance in the form of fireball. Fireballs can
travel to a hundred yards with in a few seconds.
3. Biteback - a fatal condition that takes place when the fire resists extinguishment operations
and become stronger and bigger instead.
4. Flash Fire – better known as dust explosion. This may happen when the metal post that is
completely covered with dust is going to be hit by lightning. The dust particles covering the metal burn
simultaneously thus creating a violent chemical reaction that produces a very bright flash followed by
an explosion.

The Three Stages of Fire

1. Incipient Phase (Initial Stage) – under this stage, the following characteristics are observed:
normal room temperature, the temperature at the base of the fire is 400-800 F, ceiling
temperature is about 200 F, the pyrolysis products are mostly water vapor and carbon
dioxide, small quantities of carbon monoxide and sulfides maybe present.

2. Free Burning Phase – it has the following characteristics: accelerated pyrolysis process
take place, development of convection current: formation of thermal columns as heat rises,
temperature is 800-1000 F at the base of fire, 1200-1600 F at ceiling, pyrolytic
decomposition moves upward on the walls(crawling of the flame) leaving burnt patterns
(fire fingerprints), occurrence of flashover.

3. Smoldering Phase – this stage has the following characteristics: oxygen content drops to
13% or below causing the flame to vanish and heat to develop in layers, products of
incomplete combustion increase in volume, particularly carbon monoxide with an ignition
temperature of about 1125 F, ceiling temperature is 1000-1300 F, heat and pressure in
the room builds up, building/room contains large quantities of superheated fuel under
pressure but little oxygen, when sufficient supply of oxygen is introduced, backdraft occurs.

Classification of Fires
Based on Cause
1. Natural causes – such as
 Spontaneous heating – the automatic chemical reaction that results to spontaneous
combustion due to auto-ignition of organic materials, the gradual rising of heat in a
confined space until ignition temperature is reached.
 Lightning – a form of static electricity; a natural current with a great magnitude,
producing tremendous amperage and voltage. Lightning usually strikes objects that
are better electrical conductors than air. It can cause fire directly or indirectly.
Indirectly when it strikes telephone and other transmission lines, causing an induced
line surge. It can also cause flash fire or dust explosion. When lightning strikes steel
or metal rod covered with dust, the dust will suddenly burn thus resulting to an
explosion.

A lightning may be in the form of:

Hot Bolt – longer in duration; capable only of igniting combustible materials
Cold Bolt – shorter in duration, capable of splintering a property or literally blowing apart an entire
structure, produces electrical current with tremendous amperage and very high temperature.
Radiation of Sunlight – when sunlight hits a concave mirror, concentrating the light on a
combustible material thereby igniting it.
1-
103 -
 2. Accidental Causes – such as
 Electrical accidents in the form of:

Short Circuit – unusual or accidental connections between two points at different potentials (charge)
in an electrical circuit of relatively low resistance.
Arcing – the production of sustained luminous electrical discharge between separated electrodes; an
electric hazard that results when electrical current crosses the gap between 2 electrical conductors.
Sparking – production of incandescent particles when two different potentials (charged conductors)
come in contact; occurs during short circuits or welding operations.
Induced Current – induced line surge – increased electrical energy flow or power voltage; induced
current; sudden increase of electrical current resulting to the burning of insulating materials, explosion
of the fuse box, or burning of electrical appliances.
Over heating of electrical appliances – the increase or rising of amperage while electric current is
flowing in a transmission line resulting to the damage or destruction of insulating materials, maybe
gradual or rapid, internal or external.

 Purely accidental causes

 Negligence and other forms of human error

3. Intentional causes (Incendiary)

If in the burned property, there are preparations or traces of accelerant, plants and trailers, then the
cause of fire is intentional.

Accelerant – highly flammable chemicals that are used to facilitate flame propagation.
Plant – the preparation and or gathering of combustible materials needed to start a fire.
Trailer – the preparation of flammable substances in order to spread the fire.

Based on Burning Fuel (the classes of fire)

1. Class A Fire – Ordinary fires; they are the types of fire resulting from the burning wood,
paper, textiles, rubber and other carbonaceous materials. In short, this is the type of fire
caused by ordinary combustible materials.
2. Class B Fire – Liquid fires; they are caused by flammable and or combustible liquids such
as kerosene, gasoline, benzene, oil products, alcohol and other hydrocarbon deviations.
3. Class C Fire – Electrical fires; they are fires that starts in live electrical wires, equipment,
motors, electrical appliances and telephone switchboards.
4. Class D Fire – Metallic fires; fires that result from the combustion of certain metals in finely
divided forms. These combustible metals include magnesium, potassium, powdered
calcium, zinc, sodium, and titanium.

FIRE FIGTHING OPERATIONS AND EXTINGUISHMENT

Fire fighting is an activity intended to save lives and property. It is one of the most important
emergency services in a community. Fire fighters battle fires that break out in homes, factories, office
buildings, shops, and other places. Fire fighters risk their lives to save people and protect property
from fires.
The people who work as fire fighters also help others who are involved in many kinds of
emergencies besides fires. For example, fire fighters rescue people who may be trapped in cars or
vehicles after an accident. They aid victims of such disasters as typhoons, floods, landslides, and
earthquakes. 1-
104 -
Before the advent of modern fire fighting techniques, fires often destroyed whole settlements. When
a fire broke out, all the people in the community rushed to the scene to help. Today, fire fighting
organizations in most industrialized nations have well-trained men and women and a variety of
modern fire fighting equipment.

History of Fire Fighting

Most fire services around the world were formed after a major fire made people realize that
lives and property would have been saved if they had had a proper body of people trained to fight
fires. One of the first organized fire fighting forces was established in Rome, about 500 B.C. The first
fire fighters were Roman slaves who, under the command of the city's magistrates, were stationed on
the walls and the gates of Rome. These units were called Familia Publica. However, this system
was not very effective, probably because the slaves had no choice in whether they fought fires or not.
In A.D. 6, after an enormous fire devastated Rome, the Emperor Augustus created the vigiles, a fire
fighting force of 7,000 men that was divided into seven regiments. Like many of today's fire services,
the vigiles had the power to inspect buildings to check for fire risks, and could punish property owners
whose negligence led to fires. The vigiles' fire fighting equipment included pumps, squirts, siphons,
buckets, and ladders. Wicker mats and wet blankets were used for rescue and salvage work. The
Romans developed advanced fire fighting equipment. But when the empire fell, much of this
technology was lost for centuries.
After the collapse of the Roman Empire, European cities and towns became disorganized and
nobody coordinated fire fighting. Some people even thought that prayer was the best way to control
fires. Slowly, however, some fire laws evolved. In many cities people were required to put out their
cooking and home fires at night. In some towns, thatched roofs were forbidden and night watchmen
were employed to raise the alarm if they discovered a fire.
Organized fire services in Europe were usually only formed after hugely destructive fires. The
Great Fire of London in 1666 led to the development of fire insurance industries in England. These
companies marked their insured properties with metal badges called fire marks and formed private
fire brigades to protect those properties. Each company's brigade attended only those premises
bearing the company's own fire mark. There was much competition, and occasionally rival fire
brigades even obstructed each other in their fire fighting efforts. It was not until the 1800's that
London insurance companies began to cooperate and a single London Fire Engine Establishment
was formed. The new service fought fires in any premises within the London area.
Serious blazes also caused death and destruction elsewhere in Europe, and rulers began to
realize that it was necessary to have organized forces to deal with fires. In France, groups of citizens
kept watch for outbreaks of fire, and regulations controlled rescue operations. In the 1600's, a
number of serious fires spread terror throughout Paris. The king of France bought 12 pumps, and a
private fire service was established. In 1750, the company of firemen was mostly taken over by the
army, but fires continued to ravage the city and fire fighting efforts were not always effective. In 1810,
the Emperor Napoleon attended a ball at the Austrian Embassy. A candle set the curtains ablaze,
and the fire spread quickly, causing a dreadful panic. After this fire, Napoleon ordered the creation of
the Battalion de Sapeurs Pompiers and the French Fire Brigade was born.
Better equipment for getting water to fires and for fighting fires was developed in the 1500's.
Tools included syringes, which squirted water, but most people relied on bucket brigades, relays of
men passing buckets of water. The problems with bucket brigades were that many men were
needed, it was very tiring work, and it was not very efficient--buildings often burned to the ground. In
1672, an uncle and nephew in Amsterdam, both called Jan van der Heide, invented a flexible hose,
which could be joined together to form a long pipe. Later, the same men invented a pump to deliver
water through the hose, and fire fighting became much more efficient. In many places around the
world, fire pumps were first drawn to fires by horses1- or even by people. Warning bells enabled
105 -
people to get out of the way when the pumps were rushing to a fire. The German company Daimler
invented the first petrol-driven pump in 1885, but the pump still had to be taken to fires by horses.
Petrol-powered fire engines were introduced in the early 1900's, but many countries were slow to
change from horse-drawn pumps. Although today's fire services have a range of modern equipment,
fire can be just as dangerous now as it was thousands of years ago.

The Bureau of Fire Protection (BFP)

Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the Bureau of
Fire Protection (BFP) to be responsible for the prevention and suppression of all destructive fires and
to enforce the laws on fire.
Fire Protection is the descriptive term referring to the various methods used by the bureau to stop,
extinguish and control destructive fire for eventual prevention of loss of life and property. It has the
following objectives: To prevent destructive fire from starting, To extinguish (stop or put out) on going
destructive fire, To confine a destructive fire at the place where it began, To prevent loss of life and
property when fire starts

RA no. 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004.

BFP Powers/Functions

  1. Preventions and suppression of all destructive

      fires on
          a. buildings
          b. houses
          c. other structure
          d. forest
          e. land transportation vehicles
          f. ships/vessels
          g. petroleum industry installations
          h. plane crashes and similar incidents
  2. Enforcement of the Fire Code of the Philippines
  3. Investigate all causes of fire
  4. File proper complaints with the prosecutors office

note: Vessel/Ship must be docked at piers or wharves or anchored in major seaport.

BFP Organization

  Headed by a Chief who shall be assisted by a Deputy Chief. It shall composed of a Provincial,
District, City and Municipal stations.
 In large provinces, district offices may   be established to be headed by a district fire marshall.
 In large cities and municipalities, district offices may be established with subordinate fire stations
headed by a district fire marshall.
 There shall be at least one fire station in every provincial, capital, city and municipality.
 The local government unit shall provide the site of the fire station.

1-
106 -
 BFP Key Positions

  The Chief of the Fire Bureau - rank is Director.

 The Deputy Chief of the Fire Bureau - rank is Chief Superintendent.
 Assistant Regional Director for Fire Protection - rank is Senior Superintendent.
 District Fire Marshall of NCR District Offices - rank is Senior Superintendent.
 Provincial Fire Marshall - rank is Superintendent.
 District Fire Marshall of Province - rank is Chief Inspector.
 Chief of City/Municipal Fire Station - rank is Senior Inspector.
Key Positions - Qualifications
1. Municipal Fire Marshal - should have the rank of Senior Inspector.
    a. Must have finished at least 2nd year Bachelor of Laws or earned at least 12 units in a masters
degree program in public administration, management, engineering, public safety, criminology or
other related discipline.
    b. Must have satisfactory passed the necessary training of career courses for such position as may
be established by the fire bureau.

2. City Fire Marshal - should have the rank of Chief Inspector.

    a. Must have finished at least 2nd year Bachelor of Laws or earned at least 24 units in a masters
degree program in public administration, management, engineering, public safety, criminology or
other related disciplines.
    b. Must have satisfactory passed the necessary training or career courses for such position as may
be established by the fire bureau.

3. District Fire Marshal/Provincial Fire Marshal/Assistant Regional Director for Administration/

Assistant Regional Director for Operations/Chief of Directorial Staff - should have the rank of
Superintendent.
    a. Must be a graduate of Bachelor of Laws or a holder of a Masters degree in public administration,
management, engineering, public safety, criminology, or other related disciplines.
    b. Must have satisfactory passed the necessary training or career courses for such position as may
be established by the fire bureau.

4. District Fire marshal for the NCR/Regional Director for Fire Protection/Director of the Directorate
of the National Headquarters Office - should have at least the rank of Senior Superintendent.
    a. Must be a graduate of Bachelor of Laws or a holder of masters degree in public administration,
management, engineering, public safety, criminology, or other related disciplines.
    b. Must have satisfactory passed the necessary training or career course for such position as may
be established by the fire bureau.

5. Deputy Chief for Administration and Deputy Chief for Operation of the Fire Bureau - should have
the rank of Chief superintendent.
    a. Must be a member of the Philippine Bar or must be a holder of a masters degree in public
administration, management, engineering, public safety, criminology or other related disciplines.
    b. Must have satisfactory passed the necessary training or career courses as may be established
by the fire bureau.

6. Chief of the Fire Bureau - should have the rank of Director.

    a. Must be a member of the Philippine Bar or a masters degree in public administration,
management, engineering, public safety, criminology or other related discipline.
    b. Must satisfactory passed the necessary the training or career courses for such position as may
be established by the fire bureau. 1-
107 -
 Fire Prevention and Suppression refers to the various safety measures utilized to stop
harmful or destructive fires from starting.
The laws related with the fire prevention and fire protection in the Philippine setting includes PD #
1185, Fire Code of the Philippine (26 August 1977), PD # 1096, Building Code of the Philippine (19
February 1977)
The Bureau of Fire Protection is composed of well-trained fire fighters. In fighting fires, they
bring with them ladders and pumps. Additional specialist vehicles can provide turntable ladders,
hydraulic platforms, extra water, foam, and specialist appliances for hazardous incidents.
In some countries, such as the United States, fire-fighting units are divided into engine companies
and ladder companies. Engine companies operate trucks called engines, which carry a pump and
hoses for spraying water on a fire. Ladder companies use ladder trucks, which carry ladders of
various lengths. Ladder trucks also have a hydraulically extended ladder or elevating platform to
rescue people through windows or to spray water from a raised position.
Fire fighters in the Philippines handle many types of fires. Each type requires a different plan
of action to put it out. For example, the methods used to fight a building fire differ greatly from those
used to fight a forest or grassland fire.

Factor Affecting Fire Protection and Control

Fire protection and control is affected by the accumulation of fire hazards in a building or area.
Fire Hazard is any condition or act that increases or may cause increase in the probability that
fire will occur or which may obstruct, delay, hinder or interfere with fire fighting operations and the
safeguarding of life and property

Conditions of Fire Hazards

1. Existence of dangerous or unlawful amount of combustible or explosives in the building not

designed to store such materials.
2. Defective or improperly installed facilities/ equipment.
3. Lack of adequate exit facilities.
4. Obstruction at fire escapes or other designated opening for fire fighters.
5. Dangerous occumulation of rubbish waste and other highly combustible materials.
6. Accumulation of dust in ventilation system or of grease in the kitchen.
7. Building under repair
8. Very old building or building is primarily made of combustible materials

Fire Fighting Operations

Fire fighting operations refers to fire suppression activities. In general the following procedures
should be observed:

1. PRE-FIRE PLANNING - this activity involves developing and defining systematic course of
actions that maybe performed in order to realize the objectives of fire protection: involves the
process of establishing the SOP in case fire breaks out.
2. EVALUATION – SIZE – UP (on-the-spot planning or sizing-up the situation) - this is the
process knowing the emergency situation. It involves mental evaluation by the operation
officer-in-charge to determine the appropriate course of action that provides the highest
probability of success.
3. EVACUATION – This the activity of transferring people, livestock, and property away from the
burning area to minimize damage or destruction that the fire might incur in case it propagates
to other adjacent buildings. 1-
108 -
 4. ENTRY – This is the process of accessing the burning structure. Entry maybe done in a
forcible manner.
5. RESCUE – This is the operation of removing (extricating), thus saving, people and other
livestock from the burning building and other involved properties, conveying them to a secure
place

6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings near
the burning structure in order to prevent the fire from the extending to another building.
7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it started :
the process of preventing fire from extending from another section or form one section to
another section of the involved building.
8. VENTILATION – This the operation purposely conducted to displace toxic gases. It includes
the process of displacing the heated atmosphere within the involved building with normal air
from outside atmosphere.
9. SALVAGE – The activity of protecting the properties from preventable damage other than the
fire. The steps are a) remove the material outside the burning area, and b) protecting or cover
the materials by using tarpaulins (cotton canvass treated with water proofing).
10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using the 4
general methods of fire extinguishments.
11. OVERHAUL – This is the complete and detailed check of the structure and all materials therein
to eliminate conditions that may cause re-flash; involves complete extinguishments of sparks
or smouldering (glowing) substances (embers) to prevent possibilities of re-ignition or
rekindling.
12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is an
inquiry conducted to know or determine the origin and cause of fire.

What is a Sprinkle System?

A sprinkler system consists of a network of pipes installed throughout a building. The pipes
carry water to nozzles in the ceiling. The heat from a fire causes the nozzles directly above the fire to
open and spray water.
The Fire Bureau personnel inspect public buildings to enforce the local code. The officials
check the operating condition of the fire protection systems. They note the number and location of
exits and fire extinguishers. The inspection also covers housekeeping practices and many other
matters that affect fire safety. Fire inspectors may also review plans for a new building to make sure
it meets the safety code.

What is a Smoke Detector?

Smoke detector is a device that sounds an alarm if a small amount of smoke enters their
sensors. Smoke detectors are attached to the ceiling or wall in several areas of the home. Fire
protection experts recommend at least one detector for each floor of a residence.
Fire fighters also recommend that people have portable fire extinguishers in their homes. A
person must be sure, however, to call the fire fighting service before trying to extinguish a fire. It is
also important to use the right kind of extinguisher for the type of fire involved.

The Fire Extinguishment Theory

The Fire Extinguishments Theory maintains that “to extinguish a fire, interrupt or eliminate the
supply of any or all of the elements of fire.” Fire can be extinguished by reducing/ lowering the
temperature, eliminating the fuel supply, or by stopping the chemical chain reaction.

1-
109 -
 4 General Methods of Fire Extinguishment

1. Extinguishment by Temperature Reduction

- Cooling the temperature of the fire environment: usually done by using water.
- Lower down the temperature to cool the fuel to a point where it does not produce sufficient
vapors that burn.

2. Extinguishment by Fuel Removal

- Elimination of the fuel supply/ source which maybe done by stopping the flow of liquid fuel,
preventing the production of flammable gas, removing the solid fuel at the fire path,
allowing the fire to burn until the fuel is consumed

3. Extinguishment by Oxygen Dilution - reduction of oxygen concentration at the burning area, by

introducing inert gases, by separating oxygen from the fuel

4. Extinguishment by Chemical Inhibition

- Some extinguishments agents, like dry chemical and halon, interrupt the production of
flame resulting to rapid extinguishment of the fire. This method is effective only on burning
gas and liquid fuels as they cannot burn in smoldering mode of combustion.

What are the methods of extinguishing the 4 Classes of Fire?

1. CLASS A FIRES – by quenching and cooling: water is the best agent in cooling the burning
solid materials; water has a quenching effect that can reduce the temperature of a burning
material below its ignition temperature; (Fire extinguishers which have water, sand, acid, foam
and special solution containing alkali methyl dust, as found in the loaded stream extinguisher,
should be used for this type of fire.)
2. CLASS B FIRES – by smothering or blanketing (oxygen exclusion). This type of fire is put or
controlled by foam, loaded stream, carbon dioxide, dry chemical and vaporizing liquid.
3. CLASS C FIRES – controlled by a non-conducting extinguishing agent: the safest procedure is
to always de-energize the electrical circuit. Extinguishers that should be used to put out these
type of fires are Carbon Dioxide Extinguishers, Dry Chemical, Vaporizing liquids.
4. CLASS D FIRES – by using special extinguishing agents marked specifically for metals. GE
type, meth LX, Lith X, Meth L, Kyl, dry sand and dry talc can put out class D fires
5. CLASS E FIRES – only combination of the above methods.

Fire Extinguishers
A Fire Extinguisher is a mechanical device, usually made of metal, containing chemicals,
fluids, or gasses for stopping fires, the means for application of its contents for the purpose of putting
out fire (particularly small fire ) before it propagates, and is capable of being readily moved from place
to place.

It is also a portable device used to put out fires of limited size.

What are the types of Fire Extinguishers?

1. Water Fire Extinguisher – extinguisher filled with water use of fight Class A and Class B
fires except class C fires.
2. Liquefied Fire Extinguisher – those extinguishers that contain Carbon Monoxide Gas use to
fight class A, B, and C fires
3. Dry Chemical Extinguisher – those that contain chemical powder intended to fight all
classes of fires. 1-
110 -
 4. Foam Extinguisher– contains sodium bicarbonate and a foam-stabilizing agent in a larger
compartment and a solution of aluminum sulfate in an inner cylinder; reaction between the
two solutions forms a stabilized foam of carbon dioxide bubbles.
5. Soda-acid Fire Extinguisher – filled with sodium bicarbonate mixed with water; a small
bottle of sulfuric acid is suspended inside (near the top) in such a way that when the
extinguisher is turned up-side-down, the acid mixes with sodium bicarbonate; carbon
dioxide is formed by the reaction which results to the building of pressure inside the
extinguisher; this pressure forces the water solution out from the container through a hose.
6. Vaporizing Liquid Fire Extinguisher – contains non-conducting liquid, generalization carbon
tetrachloride or chlorobromethane; operation is by manual pumping or using a stored
pressure; the stream of liquid that is expelled is vaporized by the heat of the fire and forms
a smothering blanket. This type is usually used in fires involving flammable liquids or
electrical equipment.
7. Carbon Dioxide Fire Extinguisher – effective against burning liquids and fires in live
electrical equipment; used mainly to put out Class C fires.

What are examples of extinguishing agents?

1. MULTI-PURPOSE DRY CHEMICALS like the Mono-Ammonium Phosphate ( NH H PO )
2. BCF-HALON 1211 or Bromochlorodifluoromethane
3. AFFF – (Aqueous Film Forming Foam), is a synthetic foam-forming liquid designed for use
with fresh water.
4. CARBON DIOXIDE – a chemical that can deliver a quick smothering action to the flames,
reducing the oxygen and suffocating the fire. Carbon dioxide dissipates without leaving any
contamination or corrosive residue.

What are the markings required on Fire Extinguishers?

Under (Rule 37, Sec. 106 of PD 1185), all fire extinguishers manufactured or sold in the
Philippines must be labelled or marked to show at least the following:

1. Date of original filling

2. Chemical Contents
3. Type of extinguisher
4. Operating Instruction and Safe Procedure in usage
5. Name and address of the manufacturer
6. Name and address of the dealer.

What are the prohibited types of fire extinguishers?

Rule 37, Sec. 104 of IRR of PD 1185 provides that the following types of fires extinguishers
are prohibited for manufacture or sale:

1. All inverting types which make it necessary to invert the container before the extinguisher’s
operation
2. Soda-acid extinguishers
3. Stored pressure or cartridge operated foam solution, unless and air-aspiring nozzle is provided
4. Vaporizing liquid extinguishers using carbon tetrachloride or chlorobromomethane in any
concentration of formulation
5. Vaporizing liquid extinguishers of less than one kilogram extinguishing agent
6. Glass bulb, “ grenade” type, or “bomb” type of vaporizing liquid extinguishers which have to be
thrown to the fire or are mounted on specific location and which operate upon the melting of a
fusible link.
1-
111 -
 7. Thermatic special hazards single station extinguishers with extinguishing capability of less than
four and a half (4.5) cubic meters
8. Other types which maybe hereinafter prohibited.

What are the prohibited acts involving the operation of fire extinguishers?
From the same legal basis above, the following are declared prohibited acts concerning the use
of fire extinguishers:

1. Removal of inspection tags attached to fire extinguishers

2. Refilling a discharge extinguisher with a extinguishing agent other than what the unit was
designed to contain
3. Selling fire extinguishers not appropriate to the hazard
4. Selling fire extinguishers prohibited by Rule 37, Section 104
5. Selling defective or substandard extinguishers
6. Using/installing two or more thermatic special hazard vaporizing liquid units in rooms with
volume greater than the nominal capability of one unit.
7. Installing pressure gauges in fire extinguishers which do not indicate the actual pressure of the
interior of vessel such as, but not limited to use of uncalibrated gauges, not providing or
blocking the connection between the gauge and the interior, or fixing the indicator/needle to
indicate a certain pressure.

What are the General Operating Procedures in Fire Extinguishment?

The general operating procedures in using a fire extinguisher may be modified by the acronym
PASS.

P - Pull the pin at the top of the extinguisher that keeps the handle from being pressed. Press
the plastic or thin wire inspection band.
A– Aim the nozzle or outlet towards the fire. Some hose assemblies are dipped to the
extinguisher body. Released it and then point at the base of the fire.
S – Squeeze the handle above carrying handle to discharge the extinguishing agent inside.
The handle can be released to stop the discharge at any time.
S – Sweep the nozzle sideways at the base of the flame to disperse the extinguishing agent.

After the fire is out, probe for remaining smouldering hot spots or possible re-flash of flammable
liquids. Make sure the fire is out before leaving the burned area.

Fire Fighting Equipment

The most important equipment for fire fighters includes:

1. Communication Systems
They are necessary to alert fire fighters to the outbreak of a fire. Most fire alarms are
telephoned to the fire department. Many countries have introduced a simple, 3-digit number as the
telephone number to call in emergencies. This number can be dialed from almost any telephone and
from most pay phones without a coin. Dialing this number is free. In the Philippines, the emergency
line is 166.

2. Fire Vehicles
Fire fighters have several types of fire vehicles. The main types are (1) engines, (2) ladder
appliances, and (3) rescue vehicles.
Engines, also called water tenders, have a large pump that takes water from a fire hydrant or
other source. The pump boosts the pressure of the 1 - water and forces it through hoses. Engines carry
112 -
several sizes of hoses and nozzles. Many also have a small-diameter hose called a booster line,
which is wound on a reel. The booster line is used chiefly to put out small outdoor fires.

Ladder appliances - There are two kinds of ladder appliances--turntable ladders and
hydraulic platforms.
A turntable ladder appliance has a metal extension ladder mounted on a turntable. The ladder can be
raised as high as 30 meters, or about eight storeys.
A hydraulic platform truck has a cage-like platform that can hold several people. The platform is
attached to a lifting device that is mounted on a turntable. The lifting device consists of either a
hinged boom (long metal arm) or an extendable boom made of several sections that fit inside each
other. The boom on the largest vehicles can extend 46 meters. A built-in hose runs the length of the
boom and is used to direct water on a fire. In most cases, a pump in a nearby engine generates the
pressure needed to spray the water.

Fire Fighting Vehicles - are equipped with portable ladders of various types and sizes. They
also carry forcible entry tools, which fire fighters use to gain entry into a building and to ventilate it to
let out smoke. Common forcible entry tools include axes, power saws, and sledge hammers.

Rescue Vehicles are enclosed vehicles equipped with many of the same kinds of forcible
entry tools that ladder appliances carry. But rescue vehicles also carry additional equipment for
unusual rescues. They have such tools as oxyacetylene torches, for cutting through metal, and
hydraulic jacks, for lifting heavy objects. They may also carry other hydraulic tools. With a hydraulic
rescue tool, fire fighters can apply a large amount of pressure to two objects to squeeze them
together or prise them apart. The tool is often used to free people trapped in cars and other vehicles
after an accident. Many rescue vehicles also carry small hand tools, such as crowbars and saws,
and ropes and harnesses for rescuing people from water or high places. In addition, they carry
medical supplies and equipment.

Special Fire Vehicles include airport crash tenders and hazardous materials units. Airport
crash tenders are engines that spray foam or dry chemicals on burning aircraft. Water is ineffective
against many aircraft fires, such as those that involve jet fuel or certain metals.
In addition to the above fire fighting equipment, fire fighters are also required to use protective
clothing.

Protective Clothing - clothing for protection against flames, falling objects, and other
hazards. They wear coats and trousers made of fire-resistant material. Other clothing includes
special boots, gloves, and helmets. Fire fighters also use a breathing apparatus to avoid inhaling
smoke and toxic gases.

Fire Prevention and Public Safety

As mentioned earlier, Fire Prevention is a term for the many safety measures used to keep
harmful fires from starting. Fires not only cause extensive damage to valuable property, but also
responsible for large numbers of deaths.

BASIC FIRE INVESTIGATION

In the Philippines, the Bureau of fire Protection is the main government agency responsible for
the prevention and suppression of all destructive fires on buildings, houses and other structures,
forest, land transportation vehicles and equipments, ships or vessels docked at piers or major
seaports, petroleum industry installation, plane crashes and other similar incidents, as well as the
enforcement of the Fire Code and other related laws. It has the major power to investigate all causes
1-
113 -
of fires and necessary, file the proper complaints with the proper authority that has jurisdiction over
the case (R.A. no. 6975, sec. 54).

Why Fires should be investigated?

The very reason why fires should be investigated is to determine the cause of the fire in order
to prevent similar occurrences. The determination of the origin and cause of fire is arrived at only after
a thorough investigation. Since basic investigation is prelude to the discovery of the true cause of the
fire, an understanding of the chemistry of fire and its attendant behavior should be a concern for
successful investigation.

Who are qualified to investigate fires?

A fire investigator should have the following traits:

1. Possession of knowledge of investigational techniques.

2. He should have an insight of human behavior.
3. He should have a first hand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.

Is Fire Investigation Complex and Unique?

Fire investigation is complex and unique because of the following reasons:

1. Fire destroys evidence

2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?

Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are
valuable sources of information. They are the so-called “Eyes and Ears” of the police before, during
and after the fire has been placed under control. The information taken from them may be categorize
as:

1. Information attainable or developed prior to the arrival at the scene

2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

Legal Aspect of Fire Investigation

ARSON defined
Arson is the intentional or malicious destruction of property by fire.
It is the concern of fire investigation to prove malicious intent of the offender. Intent must be proved,
otherwise, no crime exist. The law presumes that a fire is accidental, hence criminal designs must be
shown. Fire cause by accident or criminal design must be shown. Fire cause by accident or
negligence does not constitute arson.

What is Destructive Arson?

Under Article 320 of the Revised Penal Code, as amended, the penalty of Reclusion Perpetua
to Death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as
a result of simultaneous burnings, or committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where
people usually gather or congregate for1 -a definite purpose such as, but not limited to official
114 -
 governmental function or business, private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyance or stops or terminals,
regardless of whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of whether the building is actually
inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane devoted to transportation
or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which
are devoted to the service to public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying
evidence of another violation of law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
reclusion to death shall likewise be imposed when the arson is perpetrated or committed by two or
more persons or by group of persons, regardless of whether their purpose is merely to burn or
destroy the building or the building merely constitutes an overt act in the commission or another
violation of law.

The penalty of Reclusion Perpetua to Death shall also be imposed upon any person who shall
burn:

1. any arsenal, shipyard, storehouse or military power or firework factory,

ordinance, storehouse, archives or general museum of the government.
2. in an inhabited place, any storehouse or factory of inflammable or explosives
materials.

If the consequence of the commission of any of the acts penalized under this Article, death results,
the mandatory penalty of death shall be imposed (sec. 10, RA 7659).

What is the basis of criminal liability in arson?

1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.

What are other forms of arson?

Other forms of arson refers to those enumerated under Article 321 of the Revised Penal Code,
as amended like the following:

1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in

port, knowing it to be occupied at the time by one or more person.
2. Building burned is a public building and value of damage exceeds six
thousands pesos (P6000.00).
3. Building burned is a public building and purpose is to destroy evidence kept
therein to be used in instituting prosecution for punishment of violators of law, irrespective
of the amount of damage.
4. Building burned is a public building and purpose is to destroy evidence kept
therein to be used in legislative, judicial or administrative proceeding, irrespective of the
1-
115 -
 damage, if the evidence is to be used against defendant of any crime punishable under
existing law.

Arson of Property of Small Value (Art. 323, RPC)

Burning of any uninhabited hut, storehouse, barn, shed, or any other property, under
circumstances clearly excluding all danger of the fire spreading, value of the property not exceed
25.00 pesos.

Crimes Involving Destruction (Art 324, RPC)

The offender causes destruction by any of the following means:

1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other communication
system
7. by using any other agency or means of destruction as effective as the above

Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4 Phil.
502) (Article 325, RPC)

Article 326, RPC – Setting Fire to Property Exclusively Owned By the Offender

This act is punished if the purpose of the offender is to:

1. Defraud or cause damage to another or

2. damaged is actually caused upon another’s property even if such purpose is absent
3. thing burned is a building in an inhabited place.

Presidential Decree No. 1613 – Amending the Law on Arson

Special Aggravating Circumstance in Arson

1. If committed with intent to gain:
2. If committed with the benefit of another:
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned:
4. If committed by a syndicate (3 or more persons).

Prima Facie Evidence of Arson

1. If the fire started simultaneously in more than one part of the building or establishment
2. If substantial amounts of flammable substance or materials are stored within the building
not necessary in the business of the offender nor for house hold use.
3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time
of the issuance of the policy.
1-
116 -
 5. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and / or
insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a building
or property had been withdrawn from the premises except in the ordinary course of
business.
7. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or the safety of the person or property of the
victim.

Arson Investigation

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must takes place. In other words, there must be
burning or changing, i.e. the fibber of the wood must be destroyed, its identity changed.
2. Wilfulness – means intentional, and implies that the act was done purposely and
intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

Methods of Proof in Arson

Physical evidences in arson are often destroyed. To prove arson was committed, Corpus
Delicti must be shown and identify of the arsonist must be established. Corpus Delicti (body of the
crime) is the fact of that crime was committed. The following must show it:

1. Burning – that there was fire that may be shown by direct testimony of complaint, firemen
responding to the crime, other eyewitnesses. Burned parts of the building may also indicate
location.
2. Criminal Design – must show that it was wilfully and intentionally done. The presence of
incendiary devices, flammables such as gasoline and kerosene may indicate that the fire is
not accidental.
3. Evidence of Intent – When valuables were removed from the building before the fire, ill-
feeling between the accused and the occupants of the building burned, absence of effort to
put off fire and such other indications.

What are basic lines of inquiry in Arson Investigation?

The arson investigator must have to inquire on the following a) point of origin of fire b) motives
of arsonist c) prime suspects d) the telltale signs of arson.

1. Point of origin of fire

Initially, the important point to be established is the point of origin of fire. In other words, at what
particular place in the building the fire started? This may be established by an examination of the
witness, by an inspection of the debris at the fire scene and by studying the fingerprint of fire. The
fingerprint of fire occurs during the free burning stage of the fire when pyrolytic decomposition moves
upward on the walls leaving a bunt pattern.

Witnesses must be questioned as to:

1. His identity
2. What attracted his attention
3. Time of observation 1-
117 -
 4. His position in relation to the fire at the time of observation
5. Exact location of the blaze
6. Size and intensity
7. Rapidity of spread
8. Color of flame and odor if he is in a position this
9. Any other person in the vicinity beside the witness

Note fire setting mechanism

1. matches
2. candles
3. electrical system
4. mechanical means
5. chemical methods

2. Motive of Arsonist
To understand the motives of arsonist, the arson investigator have to note the following that
fires are set by:

Persons with Motives

a. Those with desire to defraud the Insurer

b. Employees or such other person who have a grievance (Fire revenge)
c. Those with desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation

People without motives

a. Those who are mentally ill

b. Pathological fire-setters
c. Pyros and the Psychos

Motives of Arsonist

1. Economic Gain
a. Insurance fraud – benefiting
b. Desire to dispose merchandise – lost of market value being out of season, lack
of raw materials, over supply of merchandise can be a big reason for arson.
c. Existing business transaction that the arsonist would like to avoid such as
impending liquidation, settlement of estate, need for cash, prospective business
failure, and increase rentals
d. Profit by the Perpetrator other than the Assured like insurance agents wishing
business with the assured, business competitors planning to drive others, person
seeking job as personnel protection, salvagers and contractors wishing to contact
another building
2. Concealment of Crime - When the purpose of hiding a crime or committing a crime, arson
was used as means.
3. Punitive Measure - Committing arson to inflict injury to another due to hatred, jealousy and
revenge.
4. Intimidation or Economic Disabling - Arsonist as saboteurs, strikers and racketeers to
intimidate management or employer.
5. Pyromania 1-
118 -
 A pyromaniac having the uncontrollable impulse to burn anything without any motivation. They do
not run away from the fire scene since they love watching fire burning.

Types of Pyromania
a. Abnormal Youth – epileptics, imbeciles and morons
b. Hero Type – a person set a building on fire and pretends to discover it, turn on the
alarm or make some rescue works to appear as “hero”
c. Drug addicts and alcoholics
d. Sexual deviates and perverts.

3. Prime Suspects (and the Prima Facie Evidences)

The development of prime suspects - this involves identification results from the full
development of leads, clues and traces, the testimony particularly eyewitnesses and the development
of expert testimony, The following technique may serve the investigation:

1. Search of the fire scene for physical evidence:

a. Protection of the scene
b. Mechanics of search
c. Collection and preservation of evidences
d. Laboratory aids

2. Background study of policyholders, occupants of premises, owner of building or other

person having major interest in the fire.
3. Interviews and interrogations of persons who discovered the fire, and the one who turned
the first alarm, firemen, and eyewitnesses.
4. Surveillance

4. The Tell Tale Signs of Arson

These signs maybe obvious that the first fireman at the scene will suspects arson or they
maybe so well concealed that moths of patient investigation to show that it is set off will be required.

1. Burned Building – the type of the building may indicate a set fire under certain
circumstance. A fire of considerable size at the time the first apparatus arrive at the scene
is suspicious if it is a modern concrete or semi-concrete building.
2. Separate fires – when two or more separate fire breaks out within a building. The fire is
certainly suspicious.
3. Color of Smoke – some fire burn with little or no smoke but they are exception. The
observation of the smoke must be made at the start of the fire since once the fire has
assumed a major proportion, the value of the smoke is lost, because the smoke will not
indicate the material used by the arsonist

a.) When white smoke appears before the water from the fire hose comes in contact
with the fire, it indicates humid material burning. Example – burning hay, vegetable
materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat and causing lacrymation and coughing
indicates presence of chlorine.
c.) Black smoke indicates lack of air if accompanied by large flames it indicates
petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.
e.) Meaning of color of Smoke and Fire:
1-
119 -
  Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc.
 Heavy brown with bright red flame – nitrogen products
 White smoke with bright flame – magnesium products
 Black smoke with red and blue green flame – asphalt
 Purple-violet flame – potassium products
 Greenish-yellow flame – Chloride or Manganese products
 Bright reddish yellow flame – Calcium products

8. Color of flame – The color of the flame is a good indication of the intensity of the fire, an
important factor in determining incendiarism.
9. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real bright
read about 100 degrees centigrade. Red flames indicate of petroleum. Blue flame indicates
use of alcohol as accelerant.
10. Smoke Marks – An experience investigation will determine the volume of smoke involved
at a fire and the character as residue deposited on walls or elsewhere. Smokes in marks
have often been of assistance in determining the possibility of a fire having more than one
place of origin.
11. Size of Fire – This is important when correlated with the type of alarm, the time received
and the time of arrival of the first fire apparatus. Fires make what might be termed a normal
progress. Such progress can be estimated after an examination of the material burned the
building and the normal ventilation offered of the fire. The time element and the degree of
headway by the flames become important factors to determine factors to determine
possible incendiarism.
12. Direction of Travel – While it is admitted that no two fires burn in identical fashion, yet it
can be shown that fire makes normal progress through various types of building materials,
combustibility of contents, channel of ventilation and circumstances surrounding the
sending of alarm, an experienced investigator can determine whether a fire spread
abnormally fast.
13. Intensity – The degree of heat given off by a fire and the color of its flame oftentimes
indicate that some accelerant has been added to the material normally present in a building
and the investigator must look for further evidence pointing to use of such accelerant.
Difficulty in extinguishing the fire is often a lead to suspect presence of such fluid as
gasoline and kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids which are
often used as accelerant is characteristics and oftentimes arsonist are trapped because of
this telltale sign. Most of fire – setters are inclined to use substance which will make the
blaze certain and at the same time burn up any evidence of their crime.
15. Condition of Content – Persons tending to set their house on fire frequently remove objects
of value either materially or sentimentally. Store and other business establishments
oftentimes remove a major portion of their content or replace valuable merchandise without
of style articles.

1-
120 -
 POLICE REPORT WRITING (TECHNICAL ENGLISH)
Definition of Terms:

  Affidavit - summary judgment. The kind of affidavit necessary to support a summary

judgement is that affidavit from which it may be clearly drawn that certain facts pleaded by
either party are certain, undisputed and indubitable which dispense with the hearing or trial of
the case.(PNP definition).
 After operation report - it is a report that may be rendered after any successful police
operation that leads to the arrest of any member or some members of syndicated crime group.
 After soco report - it is a report rendered by the team leader of the SOCO that conducted the
scene of the crime operations, processing or investigation.
 Agents report - it is a report rendered by a documented agent who answers an intelligence
requirement.
 Agreement - Proposal. A proposal remains an offer even if not answered and irrespective of
the length of time that has passed. It only becomes an agreement when accepted by the other
party.(PNP definition).
 Book of account - a book containing charges and showing a continuous dealing with persons
generally. To be admissible in evidence, it must be kept as an account book and the charges
made in the usual course of business.
 Case officer - the person responsible for and in charge of the investigation of the case.
 Police blotter - a record or log where all types of operational and under cover dispatches shall
be recorded containing the 5 "W" and 1 "H"(Who, What, Where, When, Why, and How of an
information.
 Spot report - refers to an immediate initial investigative or incident report addressed to higher
headquarters pertaining to the commission of the crime, occurrence of natural or man-made
disaster or unusual incidents involving loss of lives and damage of properties.
 Tactical interrogation report - the report rendered by an interrogator which contain the
following information: 1. Personal and family background 2. Educational background 3.
Professional background 4. Criminal activities,associates/armaments 5. Plans
 Summary of information (SOI) - an intelligence report rendered regarding any illegal activity
or violation of laws being observed by intelligence operatives within a given area of
responsibility. This is the usual basis of case operations hence, information received should be
cared, validated, countered checked, analyzed and evaluated

 Police Report - report made by the police containing the initial statement made by the victim
at the time she or he reported the crime. A police report consists of a testament, specific
details of the event and names of people involved.
 Index Crime - are very serious crimes that happen frequently or regularly that they can serve
as index of the crime situation. Index Crime is basically anything that is physically pursued by
the person committing the crime while non index crimes consists of non physical confrontation.
 Non Index Crime - refers to all crime not classified as index crime. These crimes are mostly
victimless.
1-
121 -
 Crime Solution Efficiency - means the number of crimes solved after the arrest of the
suspects and filing of charges against them.
 Crime Clearance Efficiency - means the number of crimes considered solved because the
suspects have been identified and charged but they remain at large.
 Crime Incidence - the number of crimes  reported as index or non index crimes within a given
period.
 Crime Volume - is a basic indicator of the frequency of known criminal activity. It represents
the number of reported offenses.
 Crime Trend - represents the percentage change in crime based on data reported in a prior
equivalent period.
 Crime Rate - the measure that gives an index of crime occurring in a particular jurisdiction for
a specific time period.

1-
122 -
 SPECIAL CRIME INVESTIGATION

Definition of Terms
Admission - Any statement of fact made by a party which is against his interest or unfavorable to the
conclusion for which he contends or inconsistent with the facts alleged by him.

AFIS - Automated Fingerprint Identification System (AFIS) is a biometric identification (ID)

methodology that uses digital imaging technology to obtain, store, and analyze fingerprint data.

Amateur Intermittent Offender - These types of robbers view themselves as lifetime robbers and
commits infrequent robbery offenses, often recklessly.

Armed Robbery - This involves the use of weapons such as firearm, a knife or other dangerous
weapons.

Animus Lucrandi - means intent to gain, in Robbery.

      Bienes Muebles - in Robbery, means personal property belonging to another.

Arrest - The legal taking of a person into a custody in order that he may be bound to answer for the
commission of an offense.     

Arrest Warrant - An order in writing issued in the name of the Philippines commanding or directing a
peace officer to arrest the person described therein and brings it before the court.
      The warrant of arrest is to be served within a statutory
      period of 10 days.
      The warrant  of arrest validity continues unless:
      1. Recalled by the issuing court
      2. The respondent has been arrested
1-
      3. Respondent voluntary submitted himself 123 -
Arson - An act of willfully and maliciously damaging or destroying a building or other property by fire
or explosion.

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

highly specialized surgical procedure that consists of a thorough examination of a corpse to
determine the cause and manner of death and to evaluate any disease or injury that may be present.

Accused - A person who’s case was forwarded to the office of the prosecutor and filed in court.

Baseline - a method of locating object, particularly useful in in large, irregularly shaped outdoor
areas.

Confession - An express acknowledgment by the accused in a criminal prosecution of the truth of his
guilt as to the offense charged, while admission refers to statements of fact not directly constituting
an acknowledgment of guilt.

Corpus Delicti - Latin for the “body of the crime”.

Crime - A generic term referring to many types of misconduct forbidden by law.

Crime Scene - A venue or place where the alleged crime/incident/event has been committed.

Criminal - A person who is convicted by final judgment.

Criminalist - The officer responsible for recording a crime scene and recognizing and preserving
physical evidence.

Criminal Investigation - The collection of facts in order to accomplish the three-fold aims – to
identify the guilty party, to locate the guilty party and to provide evidence of his (suspect) guilt.

Criminal Investigator - A well-trained, disciplined and experienced professional in the field of

criminal investigation.

Criminal Law - One that defines crimes treats of their nature and provides for their punishment.

Crime Scene - The geographical area where the 1124

crime
-
-
was committed.
Crime Scene Sketch -  A simple diagram that creates a mental pictures of the scene to those who
are not present.

Rough Sketch -  The first pencil-drawn outline of the scene and the location of objects and evidence
within this outline.

DNA Profiling - (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique
employed by forensic scientists to assist in the identification of individuals by their respective DNA
profiles.

DNA Fingerprinting - is a test to identify and evaluate the genetic information, called DNA
(deoxyribonucleic acid), of a person's cells.

Early Techniques of Crime Investigation

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

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

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

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

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

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

English Constable - early recorded professional criminal investigator.

Evidence -  The means by which facts are proved.

Forcible Rape - Sexual intercourse carried out against

1-
125 -
a person’s will by the use of physical violence.
Four Basic Techniques That Can Be Used To Measure A Crime Scene
1. Rectangular/Coordinate System
2. Baseline/Station Line
3. Triangulation/Trilateration
4. Azimuth/Polar Coordinates

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

         Triangulation - is a method that can be used when the scene is irregularly shaped. Two control
points are used for this method.

Highgrading – selling

Information - The general term referring to the knowledge acquired by criminal investigator from
various sources. Data gathered by an investigator from other persons including the victim himself and
other sources.

Instrumentation - The application of instrument and method of physical science in the detection and
investigation of crime.

Interview - The simple friendly questioning of people who have the information officially needed by
investigators.

Interrogation - The vigorous or aggressive questioning of person suspected of having committed an

offense or a person who is reluctant or willing to make a full disclosure of information in his
possessions, which is pertinent to the investigation of a criminal case.

Investigation - The collection of basic facts establishing that a crime has been committed and that
some other person is responsible thereof.

Kastle–Meyer Test - is a presumptive blood test,1126

first
-
-
described in 1903, in which the chemical
indicator phenolphthalein is used to detect the possible presence of hemoglobin.

Miranda Doctrine - The principle on the rights of a suspect against forced self-incrimination during
police interrogation.

Modus Operandi - Methods of Operation, Modes of Operation, Manner of committing the crime.

Murder-Suicide - An act in which an individual kills one or more other persons immediately before or
at the same time as him or herself.

Phenomena - A circumstance, event or occurrence as it actually exists or existed.

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

Political terrorists - The use of force or the fear of force to achieve a political end.

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

Professional Robber - This characterized as having a long-term commitment to crime as a source of

livelihood, planning and organizing crimes before committing them and pursuing money to support a
particular lifestyle.

RA 7438 - An act defining certain rights of person under custodial investigation.

RA 8353 - The Anti-Rape Law of 1997.

RA 9514 - The Fire Code of the Philippines.

Rectangular - a method of obtaining measurement to locate an object by making a measurement at

right angles from each of two walls. Works well for indoor measurements.

Special Crime Investigation - The investigation of cases that are unique and often require special
training to fully understand their broad significance.

Spectrometry - modern detection method of alcohol and drugs.

1-
127 -
Suspect - A person arrested for a crime.

Terrorism - The unlawful use of threat of violence against person or property to further political or
social objectives.

Three Fold Aim of Criminal Investigation

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

Triangulation - method of locating object where measurements are taken from two fixed points at the
scene to the object you desire to locate.

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.

Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.

Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.

Mens rea – guilty mind.

Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate 

1-
effect. 128 -
Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.

Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire
statement false (note: this maxim is not recognized in our jurisdiction).

Early Techniques of Crime Investigation

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

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

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

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

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

      Sir William Herschel - was one of the first to advocate the use of fingerprinting in the
identification of criminal suspects
Locard's Exchange Principle
An innovator and famous contributor to the field of forensic science was Dr. Edmond Locard, also
known as the ''Sherlock Holmes of France''. Dr. Locard wrote, ''It is impossible for a criminal to act,
especially considering the intensity of a crime, without leaving traces of his presence.'' This idea is
known as Locard's exchange principal, which means that in any crime, there will be some form of
evidence from the interaction of the perpetrator with his environment.

• Deductive reasoning skills are useful in scientific investigations. Deductive reasoning applies

broad or general principles to predict specific answers. For example, the broad principles of
human genetics can be applied to DNA analysis, usually yielding very reliable results.

• Inductive reasoning is the counterpart of deductive reasoning. It relies on a series of specific

pieces of information to extrapolate a broad conclusion. Forensic scientists might use inductive
reasoning to determine where in the house a fire started, or what the bloodstain pattern at a
murder scene might reveal. Of course, the physical evidence never depicts all the events that
happened in space and time, so inductive reasoning carries a greater level of uncertainty. The
1-
129 -
 inferences and results are based on limited information rather than a more solid scientific
principle. But it’s useful in resolving problems where no broad principle can be applied.

Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a
state of mind or a reason for committing a crime.
On the other hand, motive implies motion.  It is the moving power which impels one to do an act. 
When there is motive in the commission of a crime, it always comes before the intent.  But a crime
may be committed without motive.
Intent is the determination to do a certain thing, an aim or purpose of the mind.  It is the design to
resolve or determination by which a person acts.
On the other hand, discernment is the mental capacity to tell right from wrong.  It relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of dolo,
distinct from intent.

What requisites must concur before a felony may be committed?

There must be (1) an act or omission; (2) punishable by the Revised Penal Code; and (3) the act is
performed or the omission incurred by means of dolo or culpa.

How felonies are committed:

by means of deceit (dolo) – There is deceit when the act is performed with deliberate intent.
1-
130 -
Requisites:
• freedom
• intelligence
• intent

If the crime is intentional, it cannot be committed without intent.  Intent is manifested by the
instrument used by the offender.  The specific criminal intent becomes material if the crime is to be
distinguished from the attempted or frustrated stage.
by means of fault  (culpa) – There is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
• Imprudence – deficiency of action; e.g. A was driving a truck along a road.  He hit B because it was
raining – reckless imprudence.
• Negligence – deficiency of perception; failure to foresee impending danger, usually involves lack of
foresight
• c.       Requisites:
– Freedom
– Intelligence
– Imprudence, negligence, lack of skill or foresight
– Lack of intent

Different kinds of evidence:

1.    Relevant evidence – evidence having any value in reason as tending  to prove any matter
provable in an action.
2.    Material evidence – evidence is material when it is directed to prove a fact in issue as
determined by the rules of substantive law and pleadings.
3.    Competent evidence – not excluded by law.
4.    Direct evidence – proves the fact in issue without aid of inference or  presumptions.
5.    Circumstantial evidence -  the proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute may be inferred as necessary or probable
consequence.
6.    Positive evidence – evidence which affirms a fact in issue.
7.    Negative evidence - evidence which denies the existence of a fact  in issue.
8.    Rebutting evidence – given to repel, counter act or disprove facts given in evidence by the other
party.
9.    Primary/Best evidence – that which the law regards as affording the greatest certainty.
10.  Secondary evidence – that which indicates the existence of a more original source of
information.
11.  Expert evidence – the testimony of one possessing knowledge not usually acquired by other
persons.
12. Prima facie evidence – evidence which can stand alone to support a conviction unless rebutted.
13. Conclusive evidence – incontrovertible/ UNQUESTIONABLE evidence
14. Cumulative evidence – additional evidence of the same kind bearing on the same point.
15. Corroborative evidence – additional evidence of a different kind  and  character tending to prove
the same point as that of previously offered evidence.
16. Character evidence – evidence of a person’s moral standing or personality traits in a community
based on reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stand during trial to be
considered by the judge on the issue of credibility.1 -
131 -
18. Demonstrative evidence – evidence that has tangible and exemplifying   purpose.
19. Hearsay evidence – oral testimony or documentary evidence which does not derive its value
solely from the credit to be attached to the witness himself.
20.Testimonial evidence – oral averments given in open court by the witness.
21. Object/Autoptic preferences/Real evidence – those addressed to the senses of the court
(sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material of written expression offered
as proof of its contents. Containing letters, words, numbers, figures, symbols or other modes

HOMICIDE INVESTIGATION
             Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.
 
Primary Job of the Investigator
1.    To discover whether an offense has been committed under the law.
2.    To discover how it was committed
3.    Who committed it and by whom it was committed
4.    When it was committed
5.    And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1.    When called upon to investigate violent death, he stands on the dead man’s shoes to produce his
instincts against those suspects.
2.    The enthusiasm and intelligence the investigator brings in the case marks the difference between
a murderer being convicted and set free.
3.    If he interprets a criminal death accidental or natural, a guilty person is set free.
4.    Remember that the police is the first line of defense in the effective application of criminal justice.
 
Mistakes in the Homicide Investigation    
1.    The mistakes of the homicide investigator cannot be corrected.
2.    The homicide investigator should not cross the three bridges which he burns behind him.  It is
important that competent personnel adequately handle the case.

Three Bridges:
a.    The dead person has been moved
b.    The cadaver is embalmed
c.    The body is burned or cremated
 
Basic Guide for the Investigator to look upon is to establish the following:
1.    Corpus delicti or facts that crime was committed
2.    Method of operation of the suspect
3.    Identity of the guilty party

Title Eight
CRIMES AGAINST PERSON
(Destruction of Life)
 
1-
132 -
Art. 246.  Parricide – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.
 Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
 Elements:
1.    That a person is killed.
2.    That the deceased is killed by the accused.
3.    That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused.

What is the evidence needed to file a crime of Parricide?

1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – weapon used and autopsy of slain victims.
4. Other relevant evidence

Art. 247.  Death or physical injuries inflicted under exceptional circumstances– Any legally
married person who, having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer the penalty of destierro.
            If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.
            These rules shall be applicable, under the same circumstances, to parents, with respect to
their daughters under eighteen years of age, and their seducer, while the daughters are living with
their parents.
            Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of
this article.
 
Penalty: Destierro(prohibition to enter the place or places designated in the sentence, nor within the
radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the
place designated.

What is the evidence needed to file a crime of Death of Physical Injuries under Exceptional
Circumstance?
1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – weapon used.
4. Other relevant evidence

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua to death, if committed with any
of the following attendant circumstances:
1.    With treachery, taking advantage of superior strength, with aid of armed men, or employing
means to weaken the defense or of means or persons to insure or afford impunity;
2.    In consideration of a price, reward or promise;
3.    By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, or by means of motor vehicles or with the use of any other
means involving great waste and ruin;
4.    On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity;
1-
133 -
5.    With evident premeditation;
6.    With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
 Penalty:  Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:
1.    That a person is killed.
2.    That the accused killed him.
3.    That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4.    The killing is not parricide or infanticide.
 
TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to make a
defense.
 
MEANING OF PREMEDITATION
            Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a
design form to do something before it is done.
            The essence of premeditation is that the execution of the criminal act must be preceded
by COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during
the space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.
 
EVIDENT – Clear to the eye or judgment.

What is the evidence needed to file a crime of Murder?

1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

ART. 249.  Homicide – Any person who, not falling within the provisions of Article 246 (Parricide)
shall kill another, without the attendance of any of the circumstances enumerated in the next
preceding article (Article 248), shall be deemed guilty of homicide.
 
Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)
 
What is the evidence needed to file a crime of Homicide?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

ART 255 .Infanticide

            The killing of a child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.
 
Penalty: 
1. The penalty provided in parricide and murder shall be imposed.
1-
134 -
2. If the crime penalized in this article be committed by the mother of the child to conceal dishonor,
she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its medium
and maximum periods. If committed by maternal grandparents or either of them, the penalty shall be
reclusion temporal (12 years& 1 day to 20 years imprisonment).
What is the evidence needed to file a crime of Infanticide?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

HOMICIDE INVESTIGATION PROCEDURES

 
            Criminal Investigation of homicide is a discovery process.  The investigator seeks to discover
and document such facts as type of death, identity of the deceased, cause of death and motivation
and identity of the perpetrator.  In order to resolve these fundamental questions, the investigation will
focus on the cadaver, crime scene and post mortem examination.
            The cadaver is often of prime importance as an investigative factor.  The victim’s body can
reveal much through examination of wounds and other types of tracing clues that may be present.
 
Establishing the Facts of Death 
The first essential step of the homicide investigation is to establish that the victim is, indeed, dead.
Police officers do not have the legal authority to pronounce death, only physicians/medical doctor can
establish the fact of death.  For this reason, the police officer should never assume death unless the
condition of the victim’s body demonstrates death in a totally obvious manner.

 HOMICIDE (GENERIC) INVESTIGATION

a. Upon Receipt of Call/Walk-in Complaint. The duty desk officer shall:
1. Record the time it was reported;
2. Get the identity of the caller/complainant;
 
3. Get the place of the incident;
4. Get the nature of the incident;
5. Get the number of victims;
6. Record the brief synopsis of the incident;
7. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder
equipped with a camera and “police line” to secure the place of incident; and
8. Inform the duty investigator (preferably one team of investigator).

 b. Guidelines in Homicide Investigation

1. Record the time the call was received as well as the time of arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and photographed. The
position of evidence should be measured and/or photographed in reference to permanent fixtures in
the crime scene.
4. Pay attention to the wound inflicted which may have caused the death of the victim and how it was
committed.
5. Designate one person to pick up all physical evidence. No one should touch or move anything
unless and until the fingerprint technician has finished his tasks.
1-
6. A systematic, detailed search of the crime scene 135should
- be conducted.
7. Colored as well as black-and-white photographs should be taken.
8. Look for physical evidence that will tend to prove the elements of the crime under investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given to the area beneath the body.
11. While moving the body, use a rubber sheet to prevent contaminating the crime scene with spilled
blood.
12. Conduct a careful inspection of a dead person holding a gun.
(The hand of a dead person usually has no gripping power. Therefore, if the gun was placed in an
unnatural position (Cadaveric Spasm), it may have been placed in the hand after the death of the
person).
13. Note the condition and types of food at the crime scene as the pathologist may be able to use this
information in determining whether the victim‟s last meal was eaten at the crime scene.
14. The course and direction of each bullet should be determined. This applies to the trajectory of the
bullet through the body as well as the trajectory of the bullet through a solid object at the crime scene.
15. If all slugs were not removed at the crime scene, have the body X-rayed. This is excellent for
determining the distance of fire from patterns and shows the trajectory of the bullet through the body.
16. Take photographs of all bystanders. These may be helpful later to identify possible witnesses or
subject (who sometimes DOES return to the crime scene).

17. Try to:

a) Determine if any of the victim‟s valuables are missing.
b) Record the color of blood stains (bright red, reddish brown, brown, black or almost black).
c) Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry
around the edges) for an estimate of time of death.
d) If the blood is wet, see if a paper clip will separate the stain as it goes through or if the blood will
flow together again.
e) Note the size, dimension and location of blood drops.
f) Determine the direction and distance of blood drops.
g) Enter in your notebook details of the test to determine whether the victim is still alive. Record if the
body is cool to touch, warm, etc.
h) Record the weather, as well as weather changes (sunny to cloudy or vice-versa).
i) Talk to everyone with whom the suspect has spoken.
j) Look for weapons which could have inflicted the wounds.
k) Obtain soil samples (double handfuls) at ten-foot intervals in circles around the body and the
scene, when appropriate.
l) Take samples of other items for exclusionary purposes.
m) Obtain botanical samples when necessary.
n) Take a temperature reading of the scene. If the body is submerged in a bathtub, record the
temperature of the water at the time of your arrival.
18. If it is necessary to cut the victim‟s clothing, avoid using bullet or knife holes. Where possible, cut
the clothing along seams so that the clothing can be restored to approximately its original condition.
19. The spatter pattern of blood spots should be noted as it is:
a) An aid in determining if the object or persons was in motion when the blood spattered.
b) Possible for an expert to tell you how the crime was committed as indicated by the blood spots.
c) Possible to trace every spot to its origin by observing its characteristics.
d) Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a
weapon, or it was created by some other weapon.
20. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs,
telephone, doorknobs, etc.
1-
136 -
21. When fingerprints are on an object which has a dark color, consider using fluorescent powder as
the standard fingerprint powders are not as effective in developing latent prints on such objects. Aerial
photographs of the crime scene and escape route should be taken, when possible and practicable.

c. Things to Remember in the conduct of Homicide (Generic) Investigation

Places of Importance
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
4. Places where victim was seen immediately prior to his death. Who was with him/her? What was he
doing? Was this customary? Get the time.
5. Places where suspect claims he was; places where he was seen before, during and after the crime
was committed for the purpose of checking his alibi.
6. Places where evidence can be found. Weapons or poison, etc. – Where can they be obtained?
Where can they be hidden?
7. Places where the suspect and the victim were frequently seen before the commission of the crime.
8. Place/s of suspect/s lairs.

Times of Importance
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim‟s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first responder to the investigator.
8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by the investigator and the SOCO.
10. Time the recovered evidence was turned to evidence custodian.
11. Time the investigator was dispatched.
12. Time of the arrival of SOCO team at the Crime Scene.

Persons of Importance
1. Victim - victim‟s personal background/history and his/her relationship with other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
4. Person who reported the crime - Remember that he probably has key information. Check out his
statement.
5. Persons who stand to gain by the death. This is a sensitive matter. Be circumspect in your
approach.
6. Relatives and other sources of information.

Things of Importance
1. Body of the deceased.
2. Properties or belongings of the deceased. Here, we may find motive.
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling 1137
-
objects.
-
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully preserved.

d. Handling the suspect

1. Obtain the following evidence from the suspect:
a) The suspect‟s clothing should be photographed, marked, and sent to the crime laboratory for
examination.
b) Any scratches on the suspect should be photographed.
c) Fingernail scrapings should be obtained.
d) Take blood samples from the suspect in a medically approved manner and with proper legal
justification.
e) Take hair samples.
f) Have the fingerprint technician check the paper money which may have been taken from the
victim‟s house for the victim‟s fingerprints.
g) Check the suspect‟s personal effects very closely for items of evidentiary value.
h) Obtain teeth mark impressions when appropriate.
i) Semen samples in rape or rape with homicide cases should be obtained medically.
j) Consider polygraph examinations.

2. Never take a suspect or a subject to the crime scene in the clothing he was wearing at the time he
was arrested. (This includes shoes.) The accused lawyer may later claim that the clothing was
contaminated at the scene of the crime.
3. Attempt to ascertain the following:
a) The suspect‟s mode of living as compared to the amount of his income.
b) The suspect‟s mode of living before the crime as compared to his mode of living after the crime.
(Compare his financial condition before the crime with his financial condition after the crime).
c) Compare his behavior before the crime with his behavior after t the crime.
d) Make a methodical and complete check of the suspect‟s alibi.

e. Body and Post-Mortem

1. Designate a member of the investigating team to secure the cadaver from the scene up to the
place where the autopsy will be conducted.
2. An investigating officer should remain at the autopsy area to prevent the embalming of the cadaver
and to prevent anyone from touching or removing any of the clothing from the said cadaver until the
medico-legal officer arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the Chief of Office regarding the findings of the medico-legal officer.

f. Follow-up Investigation
1. Look for possible witness/es, who may be close friends or relatives of the victim, past pictures of
the victim with anyone, or even relatives that can possibly help in the solution of the case.
2. Methodically interview residents in the area and record the interviews by using a tape recorder or
taking notes.
3. Re-enact the crime to possibly establish what transpired at the crime scene.
4. Return to the crime scene during the time of day the crime was committed. (As we are all creatures
of habit, possible witnesses and suspects can be located through this technique).
5. Conduct case conference for regular updates.
1-
138 -
6. Check the victim‟s and the suspect‟s toll calls. (Records of toll calls are usually retained for
approximately three months by the telephone companies).
7. Present photographs and crime reports to several psychiatrists to ascertain what type of person
would commit such a crime, including the motives.
8. If there is/are already witnesses, keep them separated so that they will give what they personally
observed and not just corroborate what others are saying.

g. Court Preparation
1. Have a diagram of the crime scene and the location of all evidence.
2. Make a list of the evidence on hand and what you hope to prove with it.
3. Be prepared to show the following:
a) Relationship existed between the victim and the suspect.
b) Indications that the suspect threatened to harm the victim.
c) Possible witnesses to the threats.
d) A photograph of the crime scene (before and after processing) can be very helpful.
e) Review everything, including testimony, with the prosecutor before trial.
f) Review with witnesses their testimony to refresh their memory.

A.   Death – death is defined as the absence of life in a living matter.

 
B.   Kinds of Death
1.    Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain
functions of an organism. It is usually pronounced by a physician or other members of the family.
2.    Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs one at a time after
somatic death.
3.    Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital processes were depressed
to the minimum compatible with life. This condition is not actually death although classified under the
kinds of death, because the person or organism is still alive although it seems that there are no signs
of life.
C.   Signs of Death
1.    Cessation of respiration
2.    Cessation of Heart Beating and Circulation
3.    Cooling of the body
4.    Insensibility of the body and loss of power to remove
5.    Changes in the eyes
6.    Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive and
identity of the perpetrator, with the identity known, the investigator can focus attention on the victim’s
background and establish a possible motive through such information. 
Victims encountered in indoor scenes will normally have identifying data on the body, or such data
will be available throughout the crime scene.  In outdoor scenes, such evidence is normally not as
readily available, since the victim is removed from the personal environment and also outdoor scene
may not be discovered for long period of time; thus evidence may be destroyed by elements of nature
1-
or will be lost.  If there are no identifying papers on
139the
- victim’s person, fingerprint should be used as
means of identification.  If fingerprint identification is unsuccessful, the investigator must rely on other
methods to establish identity.

Dental structures are highly resistant to destruction, and are frequently useful when the other
portions of the body are totally decomposed (Forensic Odontology). The skeletal remains of the
victim may also help to determine identity, as well as yield other types of information.   If bone
fractures are noted, they may be used to identify the deceased, but if only corresponding medical
records can be located. The widths of the pelvic bones are excellent indicators of the victim’s sex;
Determination of the victims age maybe more difficult, in that the victims past the age of eighteen
years have generally achieved their maximum skeletal growth. However, general age determination
can be established via dental structure.
 
A.    Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1.    Place where the body was found
2.    Date and time when found
3.    Cause of death
4.    Time when death occurred
5.    Approximate age
6.    Possible occupation
7.    Complete description of the body

B.    Points to be Considered in Identifying a Person

1.    Face
2.    Eyes
3.    Nose
4.    Head
5.    Condition of hair
6.    Mouth
7.    Body built
8.    Height
9.    Weight
10.  Complexion
11.  Hands and feet
12.  Teeth
13.  Clothing
14.  Ornamental

B.    Points to be Considered in Identifying a Person

15.  Personal belongings
16.  Identification from spouse, parents, relatives and friends
17.  Files from the police and other law enforcement agencies
18.  Occupational mark
19.  Race
20.  Tattoo marks
21.  Deformities
22.  Birth marks
23.  Physical defects leaving permanent results such as amputation and improper union of the
fractured bones
1-
24.  Moles 140 -
25.  Scars
26.  Tribal marks
27.  Sexual organ
28.  Blood grouping

Determination of Time of Death (Death Estimates)

            A determination of the time of death should be attempted in all homicide investigations.   This
fact is significant because of its investigative importance in corroborating or disputing alibis, or in
establishing the victim’s movements prior to death. Determining death is not an exact science.

POST-MORTEM CHANGES
 
1.    POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death; setting of
blood in the dependent portions of the body following death.
It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of blood
in the small vessels of the dependent areas secondary to gravity.  This pooling of blood begins
immediately after death and becomes fixed in approximately 8-12 hours.  The investigator can press
on the skin in the dependent regions and if the skin blanches, death has probably occurred less than
12 hours.  This becomes fixed after a while and can tell if the body has been moved. This is not a
reliable indicator of time of death. This is a better indicator of whether the body has been moved since
death.

The Color of Lividity may Indicate the Cause of Death:

1.  Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2.  Asphyxia – dark lividity
3.  Phosphorous poisoning – dark brown
 
TYPES OF LIVIDITY
1.    Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body
changes.  Blood remains fluid in the blood vessel for 6- 8 hours.
 2.    Diffusion– Coagulated inside blood vessel; Change in position will not change its location.

Importance of Post-Mortem Lividity

1.    It is a sign of death
2.    It enables the investigator to estimate the time of death
3.    It determines the position of the body after death
4.    It may indicate the cause and manner of death
 
Characteristics of Post-Mortem Lividity
1.    It occurs in the most extensive areas of the most dependent portion of the body.
2.    It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3.    Color is uniform in the tissues.
4.    It is not elevated from the skin, lungs, intestines, kidneys and brain.
5.    There is no injury to the tissues.
1-
141 -
6.    The color may appear and disappear in the tissues by shifting the position of the body in the
earlier stages of death.

2.    POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the
muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the body after
death due to the disappearance of Adenosine Triphosphate (ATP) from the muscle.
            -  Rigor mortis disappears with decomposition.
            - Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
            - Involves all muscles the same time at the same rate. It appears first in the smaller muscles
such as the jaw and then gradually spread to upper and lower extremities.
            -  Instantaneous rigidity can also be found following ingestion of cyanide and strychnine
poison.
            Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and
36 to 48 hours during summer in the same.

3.    ALGOR MORTIS (Cooling of the body)

            The body cools following death at approximately 1.5 degrees F per hour, under normal
conditions and assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).
 
Factors Affecting Algor Mortis:
1.    Illness
2.    Clothes
3.    Obesity
4.    Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

      Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2
days after death and then finally the dead body becomes skeletal remains in months considering the
factors that influence the rate of putrefaction.
 
5.  LIFE CYCLE OF FLIES
            The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours.
The maggots will feed vigorously on the damaged dead body, then transform into pupal stage and
finally into adult flies within a few days.       
 
6.  CHANGES IN THE BLOOD
            The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted
or coagulated in a slow process until 12 hours wherein the lividity is already fully developed.
 
7.  CHANGES IN STOMACH
      It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

            External post mortem appearances are very informative.  The areas of the body showing
lividity indicate the position after death. Wounds and their appearance are particularly significant as
they often assist in reconstructing the circumstances of a crime, the nature of the murder weapon and
the manner of its use. 1-
142 -
            Defense wounds are the result of a person’s instinctive reaction of self-protection. It may be
found on the hand in the effort of the victim to grasp the wounding instrument or by raising the hand
to protect the vital parts of the body.  Absence of defense wound does not eliminate the possibility
that the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a.    Contusion – an injury in the substance of the skin, discoloration of the surface due to
extravasation of blood.  This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin brought
about by the friction against hard, rough object.
d. Incised wound – produced by forcible contact on the body by sharp edge instrument.
e. Stab wound – produced by the forcible application and penetration of a sharp instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.
Evidence to Show the Fatal Effects of the Wound
1.    Amount of hemorrhage
2.    Size of the injury sustained
3.    Organs and parts of the body involved
4.    Mechanical effects on vital organs

Gunshot Wounds
            All gunshot wounds result from the entry of a projectile into the body, and the frequent
presence of undispersed explosive gases. The relative size and appearance of the wound will be
affected by the distance from which the weapon was discharged. Generally, the closer the discharged
to the skin, the greater the damage. This damage is due to explosive gases which precede the
projectile at close range. In some investigations involving firearms, a determination of whether the
death was a homicidal, suicide or accidental is difficult. In making such determination, the distance of
the discharge is of great importance. Majority of suicidal and accidental gunshot cases, arm’s length
discharges are involved. Accordingly, if the wound indicates discharge beyond the victim’s length,
homicide is indicated.
            The location of the wound may also serve to rule out suicide. If the wound is located in an
area of the body that is relatively inaccessible to the victim, homicide is indicated. It is also unusual
for a suicide wound to be inflicted in an area other than the head of chest. However, there have been
a number of suicide cases involving wounds in extremities. The presence or absence of a “suicide
note” is a poor indicator of suicide or homicide.

Two Types of Wounds:

1.    entrance wound (POE)
2.    exit wound (POX)
 
Determination whether the wound is suicidal, homicidal, or accidental
A.    Evidence to prove that gunshot wound is suicidal:
1.     The fire is usually in contact or near contact, as shown by the presence of burning, singeing and
tattooing of the area around the gunshot wound.
2.     The presence of usually but one gunshot wound.  In most cases, after a shot, especially at the
head, the victim can no longer voluntarily act to inflict another shot.

1-
143 -
3.     Portions of the body involved are those accessible to the hand of the victim utilized in committing
suicide, he will not think of the difficult way of ending his life unless he has the intention of deceiving
the investigators.
4.     History of despondency, family problem which may cause him to commit suicide.

B.    Evidence to show that the wound is accidental:

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

 
C.   Evidence to show that the wound is homicidal:
The site or sites of the wound of entrance has no point of election.
The fire is made when the victim is usually some distance away from the assailant
Signs of struggle/ defense wound maybe present in the victim.
There maybe disturbance of the surrounding on the account of the previous struggle.
Wounding firearm is usually not found at the scene of the crime
Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

 Determination whether hanging is suicidal, homicidal, or accidental
 
1.    Hanging – is a state of injury or death of the body whereby the ligature tightened around the
neck by the suspension of the body.
 
A.   Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some
evidence to prove are the following:
1.    Accessible materials used for ligature like rope, rolled beddings, or wires.
2.    Identification of the fibers from the rope in the hands of the victim.
3.    Evidence of movement of the rope on the beam or anchorage from upward and downward
as the body has been suspended.
B.   Homicidal Hanging
1.    Presence of defense wound in the body of the victim.
2.    Presence of blood stains and other injuries to the body of the victim.
3.    Presence of signs of struggle in the clothing, furniture, beddings, and others.
4.    Nature of the window, curtains, and doors.
C.   Accidental hanging is not common.

2.    Strangulation
            Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck
and the two ends pulled in the opposite direction in such a manner that tightens the ligature. Ligature
used may be rope, chain, wires, vines, rolled clothing.
SUICIDES
Ways of Committing Suicide
1.    By cut-throat
2.    By puncturing the left breast
3.    By gunshot
4.    By hanging
5.    By drowning
1-
144 -
6.    By poisoning

ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes about through some act of
will, lies beyond the bounds of human forceable consequences.
How Accidental Deaths Occur
1.    Examination of the body revealed marked tearing of the wearing apparel, burns of different
degrees on the skin surface, wounds of almost any description and almost the whole body is affected
by the injury.
2.    History of a thunderstorm that took place in the area.
3.    Evidence of the effects of lighting are found in the vicinity, like damages to house, tress, etc.
4.    Metallic articles are fused or magnetized.
5.    Absence of wound or other injuries indicating suicidal or homicidal death.
6.    Fusion of glass materials in the neighborhood on account of extreme heat.
 
ELECTROCUTION
Accidental Electrocution
1.    Presence of high voltage wire at the scene of death.
2.    Body surface injuries as probably site of entrance and exit of electric current.
3.    Death develops suddenly as victim not able to get away from the place of electrocution.
4.    Absence of evidence to show suicidal or homicidal.

RAPE INVESTIGATION
 REPUBLIC ACT NO. 8353 AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,
RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES.
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation; 
   b) When the offended party is deprived of reason or otherwise unconscious; 
   c) By means of fraudulent machination or grave abuse of authority; and 
   d) When the offended party is under twelve (12) years of  age or is demented, even though
none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of  sexual assault by inserting his penis into another person's mouth or anal orifice, or
any instrument or object, into the genital or anal orifice of another person. 

Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself and the
circumstances surrounding it. These are the following:
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if rape is
committed through sexual intercourse
Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape was committed
through oral or anal sex or through the use of any object or instrument that was inserted into the
mouth or anal orifice of the woman or a man. This may also be elevated to reclusion
temporal (imprisonment from 12 to 20 years) or reclusion perpetua depending on the circumstances
surrounding the crime.
1-
145 -
Rape is qualified under the following circumstances:
a) When the victim is under 18 years old and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse
of the parent of the victim;
b) When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;
c) When the rape is committed in full view of the spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;
d) When the victim is a religious engaged in legitimate religious vocation of calling and is personality
known to be such by the offender before or at the time of the commission of the crime;
e) When the victim is a child below 7 years old;
f) When the offender knows that he is afflicted with human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or
disease is transmitted to the victim;
g) When the offender is a member of the armed forces of the Philippines or para-military units thereof
or the Philippines National Police or any law enforcement agency or penal institution, when the
offender takes advantage of his position to facilitate the commission of the crime;
h) When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation
or disability;
i) When the offender knew of the pregnancy of the offended party at the time of the commission of the
crime; and
j) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.

NOTE:
1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a male or female can now
commit rape.
2. “Effect of pardon” – The subsequent valid marriage between the offender and the offended party
shall extinguish the criminal action or the penalty imposed.
3. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action not be abated if the marriage be void ab initio.

What are the evidence needed to file a crime of Rape?

1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Medical records, seminal/DNA Test, weapons used and other forensic reports.
4. Other relevant evidence

REPUBLIC ACT NO. 8505 AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE
VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE
AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES.

This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998."
Duty of the Police Officer. — Upon receipt by the police of the complaint for rape, it shall be the
duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained;
otherwise, the rules of court shall apply; 
(b) Arrange for counseling and medical services for the offended party; and 
(c) Immediately make a report on the action taken. 
1-
146 -
 It shall be the duty of the police officer or the examining physician, who must be of the same
gender as the offended party, to ensure that only persons expressly authorized by the offended party
shall be allowed inside the room where the investigation or medical or physical examination is being
conducted.
For this purpose, a women's desk must be established in every police precinct throughout the
country to provide a police woman to conduct investigation of complaints of women rape victims. In
the same manner, the preliminary investigation proper or inquest of women rape victims must be
assigned to female prosecutor or prosecutors after the police shall have endorsed all the pertinent
papers thereof to the same office. 

Protective measures. — At any stage of the investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the
complaint shall recognize the right to privacy of the offended party and the accused. Towards this
end, the police officer, prosecutor, or the court to whom the complaint has been referred may,
whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances
for the best interest of the parties, order a closed-door investigation, prosecution or trial and that the
name and personal circumstances of the offended party and/or the accused, or any other information
tending to establish their identities, and such circumstances or information on the complaint shall not
be disclosed to the public. 
   The investigating officer or prosecutor shall inform the parties that the proceedings can be
conducted in a language or dialect known or familiar to them.

Rape shield. — In prosecutions for rape, evidence of complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court finds,
that such evidence is material and relevant to the case. 

Evidence Identification & Collection 

On-scene physical evidence is anything tangible that can establish a crime was committed or
link the crime and the victim and/or the perpetrator and the victim. However, collection of physical
evidence requires an investigator to first recognize such evidence. Further, the value of evidence is
limited in court unless investigators take care to properly collect, preserve and analyze it.
Unless it's a stranger-to-stranger rape case, the perpetrator often claims intercourse was consensual,
and without any associative evidence to the contrary, the victim's word is pitted against the
perpetrator's claims. So, investigators should photograph and videotape any sign of a struggle at the
scene, such as broken furniture or other objects and items in disarray. Further evidence of a struggle
includes injury to the victim; these photographs are normally taken at the hospital.
Preserve the bedding, or any other object on which the rape took place, and send it to the crime lab
for analysis. The contact between the victim and the perpetrator may have resulted in the transfer of
physical evidence in the form of semen, blood, hairs, skin fibers or other trace evidence, which will
prove vital in identifying the assailant and/or prosecuting the case.

Evidence Identification & Collection 

Properly collect all such evidence, including the clothing and undergarments worn by the victim.
Evidence technicians use oblique and ultraviolet light to help spot hair and fibers, and blue light to
assist in detecting semen.
One discrepancy between books on forensic science and real-life investigations is the
suggestion the victim should be asked to disrobe over a clean cloth or bed sheet so any fibers or
1-
147 -
loose pubic hairs from the perpetrator can be properly collected. In an ideal world, this would be the
perfect way to collect this type of evidence.
In the majority of cases, a search of the victim's clothing for crime evidence is done at the
hospital. This is often a better setting in which to ask the victim to disrobe, take photographs of any
injuries to her body and place each article of clothing in a separate container for later lab analysis.
The chain of custody of evidence is vital, so a police officer must accompany the victim to the
hospital, meaning an officer must ride in the ambulance with the victim.

Evidence Identification & Collection 

Investigators must photograph any physical injury to the victim, such as bruises and bleeding.
Biological evidence, such as semen, may indicate sexual intercourse did take place, but that does not
establish a prima facie case of rape. Injury to the victim is corroborative evidence of violence and is
especially useful in cases where the suspect claims consensual sex.

Deoxyribonucleic Acid (DNA)

The discovery of DNA has revolutionized criminal investigation. An individual's identity can be
obtained from sweat, skin, blood, tissue, hair, semen, mucus, saliva and almost any biological
sample. The evidence collected at the crime scene and during the medical examination of the victim
is crucial to obtaining DNA evidence that may identify the perpetrator. If there is a suspect in the case,
there are several ways to obtain a DNA sample, including voluntarily, surreptitiously and under court
order as a result of a search warrant. I prefer obtaining a search warrant, because even a signed
authorization from the suspect proving "knowing and intelligent consent" or a "legal" search through a
person's trash for a discarded napkin containing saliva is fraught with legal challenges.

Deoxyribonucleic Acid (DNA)

Voluntary Submission
People can't be forced to provide a DNA sample. Investigators must obtain a signed and
witnessed authorization form from the suspect. The form contains language similar to the Miranda
rights waiver, and includes consent to an oral swab and/or a blood sample for the purposes of DNA
testing. Instructing a suspect to swab his inside cheek is a simple procedure any police officer can
conduct.
Surreptitious Obtainment
Because DNA can be obtained from biological material, anything containing saliva, mucus, skin,
etc. may be used to obtain an individual's DNA typing. The key is the suspect must have discarded an
item, such as a cigarette butt, in a public place to which the police have legal access. A soda can,
food or napkins may contain skin cells or saliva from inside the suspect's mouth, which could result in
a DNA typing, linking the suspect to the rape.
Search Warrant 
Because search warrants must specifically declare the evidence sought, investigators must list
any objects or samples from which a DNA analysis can be obtained. This might include the suspect's
clothing and anything that might contain blood or semen stains. Clothing worn by the suspect must be
legally obtained. If the suspect is under arrest, investigators could theoretically seize the clothing
without a warrant. However, as I mentioned earlier, a search and seizure warrant is the preferred
method of obtaining DNA evidence because the likelihood of such evidence being admitted in court is
substantially greater than when the suspect voluntarily submits evidence or when it's obtained in a
surreptitious manner or as part of a search incidental to arrest.

ROBBERY INVESTIGATION
 Article 293 – Robbery in General 1-
148 -
            Any person who, with intent to gain, shall take any personal property belonging to another by
means of violence or intimidation of any person, or by using force upon anything shall be guilty of
robbery.
 
Elements of Robbery
1.  That there be personal property belonging to another;
2.  That there is unlawful taking of that property;
3.  That the taking must be with intent to gain; and
4.  That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

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

What are the evidences needed to file the crime of robbery?

1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports and other documents
3. Object Evidence – stolen items, weapons and other devices
4. Other relevant evidence

General Types of Robbers

1.    Amateurs – motivated by greed, the desire for a thrill and self-testing.
2.    Professionals – are those person who worked as robbers as a trade making it their living and
having no other means of income.
 
Note:  Robbery – This is the taking or personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything.
 
Two Kinds of Robbery:
1.    Robbery with violence or intimidation; and
2.    Robbery with force upon things.

a.    Belonging to another – person from whom property was taken need not be the legal owner,
possession is sufficient.  The property must be personal property and cannot refer to real property.
b.    Name of the real owner is not essential so long as the personal property taken does not belong
to the accused except if crime is robbery with homicide.
c.    Taking of personal property – must be unlawful; if given in trust – estafa.
d.    As to robbery with violence or intimidation – from the moment the offender gains possession of
the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is
complete. 1-
149 -
e.    As to robbery with force upon things – thing must be taken out of the building.
f.     Intent to gain – presumed from unlawful taking – intent to gain may be presumed from the
unlawful taking of another’s property.  However, when one takes a property under the claim of
ownership or title, the taking is not considered to be with intent to gain. (U.S. vs. Manluco, et. al., 28
Phil.360)

g.    When there’s no intent to gain but there is violence in the taking- grave coercion.
h.    Violence or intimidation must be against the person of the offended party, not upon the thing.
i.      General rule: violence or intimidation must be present before the “taking” is complete.
Exception:  when violence results in-homicide, rape, intentional mutilation or any of the serious
physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery complex with any of this
crime under ART. 294, even if taking is already complete when violence was used by the offender.
j.      Use of force upon thing – entrance to the building by means described and ART. 299 and 302
(Offender must enter).  The other kind of robbery is one that is committed with the use of force upon
anything in order to take with intent to gain, the personal property of another.  The use force here
must refer to the force employed upon things in order to gain entrance into a building or a house. 
(People vs. Adorno, C.A. 40 0.G.567).
k.    When both violence or intimidation and force upon things concur – it is robbery with violence.

Robbery and Theft, compared

a.    Both robbery and theft involved unlawful taking as an elements;
b.    Both involve personal property belonging to another;
c.    In both crimes, the taking is done with intent to gain;
d.    In robbery, the taking is done either with the use of violence or intimidation of person or the
employment of force upon things; whereas in theft, the taking is done simply without the knowledge
and consent of the owner.

Investigative Techniques in Robbery cases:

a.    The investigator must initiate similar preliminary steps upon reaching the crime scene.
b.    Determine the point of entrance and point of exit by the perpetrator.
c.    Determine the value of stolen articles.
d.    The full and detailed description of the stolen articles.
e.    Gather physical evidence.
f.     Determine the modus operandi of the perpetrator as it would give leads in the identification and
arrest of the suspect.
g.    Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
h.    Coordinate with other law enforcement agencies.
i.      Exploit investigative leads.
j.      Written testimony of the complainant witness.
k.    Accumulate clues and traces at the scene of a crime which will serve to identify the offender.
l.      Develop informants in the local underworld who are aware of the activity of robbery, particularly
the activity of the semi-skilled amateur groups. (usually the addict-robber)
m.   Conduct a surveillance of likely fences and uncover and trace back stolen property from its
receiver to the robber.
n.    Conduct surveillance of known burglars to ascertain if they are presently committing robbery.
o.    Accumulate information on various types of robber, the known and newcomers whether they are
in or out of prison, whether they are active.
p.    Be alert on a modified modus operandi.
q.    In cases where homicide is committed, follow1150-
the- pattern of homicide investigation.
Physical Evidence to be collected:
1.    Footprints
2.    Fingerprints
a.    Areas of break
b.    Closets – prints may be found in door and jams
c.    Door knobs
d.    Dressers
e.    Pieces of furniture
f.     Bottles and glasses
g.    Walls
h.    Tools
i.      Desks
3.    Clothing – sometimes the robbers exchange their own jackets with that one found.
4.    If a window was broken in effecting entry, glass particles maybe presents in the trouser cuffs and
pockets of suspect.  Samples of broken glass should be collected for possible future comparison in
the event that a suspect is picked up.
5.    Paint- if a crowbar has been used to force the window, paint may adhere to the tool.  Paint
samples should be taken for future comparison.
6.    Tool marks
7.    Tools
8.    Observed odd behavior patterns in the crime scene
9.    Cords and ropes used
10.  Firearms used
11.  Means of escape

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its
cargo, equipment or the personal belonging of its complements or passengers, irrespective of value
thereof, by means of violence against or intimidation of persons or force upon things, committed by
any persons, including a passengers or member of the compliments of said vessels in Philippine
waters.
 
Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation
of persons or force upon things of other unlawful means committed by any person or any Philippine
highway.

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

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the
owner/raiser, or any of the above animals (cow, carabao, horse, mule or other domesticated member
of the bovine family) whether or not for profit or gain, or whether committed with or without violence
against or intimidation of any person or force upon things.  It includes the killing of large cattle, or
taking its meat or hide without the consent of owner/raiser.
 
Anti-fencing law of 1979 (P.D. 1612)
Fencing – is the act of any person, who, with intent to gain, for himself or for another shall buy,
possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items, objects, or
1-
151 -
anything of value which he knows to have been derived from the proceeds of crime or robbery or
theft.
Fence – includes any person, firm, organization, association or corporation or partnership and other
organization who/ which commits the act of fencing.

Article 267 – Kidnapping and Serious Illegal Detention

             Elements:
1.    That the offender is a private individual;
2.    That the kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3.    That the act of detention or kidnapping must be illegal;
4.    That in the commission of the offense, any of the following circumstances is present:
a.    That the kidnapping of detention lasts for more than 3 days
b.    That is committed simulating public authority
c.    That any serious physical injuries are inflicted upon person kidnapped or detained of threats to
kill him are made; or
d.    That the persons kidnapped is a minor, female, or a public officer.

What is the evidence needed to file a crime of Kidnapping and Serious Illegal Detention?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Medical records, autopsy, seminal/DNA Test, weapons used and other forensic
reports.
4. Other relevant evidence

Any private individual who shall kidnap or detain another, or in any other manner deprives him
of his liberty.
           
The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1.    The kidnapping or detention shall have lasted for more than five days.
2.    Committed by simulating public authority.
3.    Any serious physical injuries shall have been inflicted upon the person kidnapped or detained or
if threat to kill shall have been made.
4.    The person kidnapped or detained shall be a minor, female or public officer.
 
The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above
mentioned were present in the commission of the offense.
 
Important factors in Kidnapping Cases:
1.   The safe return of the victim
2.   Identification and apprehension of the suspect

Initial Investigative Procedures:

1.    Thorough interview of the victim if already released.
2.    Search of the crime scene
3.    Interview of the possible witnesses
4.    Checking the modus operandi
5.    Possible identification through the photographic files
6.    Coordination with other law enforcement agencies
1-
152 -
Kidnapping where ransom is involved:
 Phase I.
When a complaint is received, the family of the victim is requested to remain in touch to accumulate
information needed.  The following types of information must be taken:
1.    How the demand was made
2.    Request the family to refrain from divulging the contents of the letter, note or call to anyone
except to the police authorities.
3.    Emphasize the importance of news blackout as essential to the victim’s safety
4.    Obtain and preserve the ransom note for laboratory examination.
5.    Determine if the family intends to pay the ransom, investigators should avoid giving the opinion
as to ransom payments
6.    Find ways and means to verify if the victim is still alive.
7.    Conduct family background investigation
8.    Conduct covert investigation of household helpers
9.    Arrange for wiretapping operations in accordance with RA 4200
10.  Establish possible motives

Phase II.  After the victim has been returned or the body has been located.
            After the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify and apprehend the
suspects. Investigative procedure includes:
1.    Thorough interview of the victim.  All details should be obtained.
3.    Re interview all witnesses
4.    Conduct surveillance
5.    Determine whether the kidnapper is familiar with the victims, residential area, habits and financial
status.
6.    If the victim is dead follow the pattern of homicide investigation
 
Pointers to be considered in Kidnapping Cases:
1.    Remember that kidnap for ransom gang must be treated as witty, experienced and dangerous
armed criminals.
2.    Any slightest mistake on the part of the police would mean death of the victim
3.    Initiate secrecy discipline not only on the victim’s family but also within the police.
4.    Experienced, trusted personnel must be utilized
5.    Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

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

CARNAPPING INVESTIGATION
Elements:
1. Unlawful taking
2. Intent to gain
3. Motor vehicle belonging to another
4. Lack of owners consent
5. Use of violence against or intimidation of persons, or force upon things
1-
153 -
MOTIVES OF CARNAPPING
1. Joy riding
2. Theft for Resale
3. Transportation for other crimes
4. Stripping and chop-chop operation

VEHICLE IDENTIFICATION NUMBER

VIN is unique to a Motor vehicle as a fingerprint is to a human being. The primary purpose of VIN is
for identification and registration. Consist of a combination of 17 letters and numbers

TOOLS OF THE TRADE

1. Slim Jim
2. Slide Hammer
3. Ignition Extractor
4. Force Tool
5. Key Cutter, Codebook and Blank Keys

Recognizing a Suspected Carnapped Motor Vehicle

1. Missing locks
2. Vehicles Parked away from the main Flow of Traffic
3. Accumulation of dirt or old parking tickets
4. Lack of license plates
5. Missing license plate no. or parts

BOMB THREAT AND

EXPLOSION INVESTIGATION

SPECIFIC INVESTIGATIVE PROCEDURES: A General Procedure Upon Receipt of Explosive-

Related Incident such as discovery of IED/explosive materials, bomb threats and explosion:
a. Desk Officer shall ask for and record in the Police Blotter the following from the source of
information:
1. Name of the source
2. Contact information of the source
3. Exact location of the incident
4. Time and date of the incident
5. Details of the incident

b. Desk Officer shall inform the Chief of Police about the incident.

c. Desk Officer shall dispatch mobile or foot-patrol police personnel to verify the incident.

d. Desk Officer shall direct the TOC to call the following emergency service agencies, request
them to be on standby while verification of the incident is on-going and seek their assistance
once the incident is verified: 1-
154 -
1. Police Bomb Squad Units/EOD Team
2. SOCO Operatives
3. Fire Services
4. Emergency Medical Services/Rescue
5. Engineering Services (for lighting, heavy equipment, etc.)
6. Utility Services (Electric and Water)
7. Other agencies (Philippine Red Cross, Metro Manila Development Authority, NDCC, etc.)

e. Desk Officer shall inform his Commander (Station Commander, Chief of Police, etc.) about
the incident and all actions taken.

DURING VERIFICATION OF THE INCIDENT BY THE FIRST RESPONDER/S OR

INVESTIGATORS:
a. The First Responder/Investigator shall record the information about the nature of their dispatch in
their notebooks or ticklers. They should be equipped with a camera or video recorder for capturing
the condition of the scene upon their arrival and any succeeding events.
b. They shall proceed to the incident scene.
c. They shall assess the situation at the scene of the incident and immediately notify the Desk Officer
who will in turn inform his Chief of Police about the confirmation of the incident.
d. In case IED/explosive materials are found, request for the immediate assistance of the Bomb
Squad/EOD Team.
e. They shall cordon the area to preserve and secure the crime scene and wait for the arrival of the
Bomb Squad/EOD Team.
f. If the scene is obvious for signs of an explosion, First Responders/Investigators shall cause the
immediate evacuation of people who were injured from the crime scene. Whenever possible,
immediately maintain order and control of the crowd. THEY SHALL NOT TOUCH, REMOVE, OR
ALTER ANY PIECE OF EVIDENCE (INCLUDING DEAD PEOPLE).
g. Initiate immediate investigation.

KEY INFORMATION NEEDED FOR BOMB THREAT: Time of call or suspected package (bomb
threat) was received.

Explosion/Bombing Incident
1. Minor Case – the explosion has no fatality nor incurred damage to property.
PROCEDURE:
a) Request assistance of Bomb Squad Unit/EOD personnel to determine the cause of explosion, and
whether criminal or accidental in nature.
b) If incident is criminal in nature, gather information from witness(es) and determine the significance
of place where the explosion occurred.
c) Determine existence of a target and establish motive.
d) If no lead is developed, information gathered can be used for future reference.

Explosion/Bombing Incident
2. Major Case – the explosion incurred injuries or death of person or number of persons and damage
to property.
POST-BLAST INVESTIGATION (PBI) PROCEDURE:
a) Conduct preliminary evaluation of the crime scene. First Responders must assess the scene
quickly yet thoroughly to determine the course of 1155
-
action
- to be taken.
b) Exercise scene safety. First Responders must take steps to identify and remove or mitigate safety
hazards (e.g. secondary device(s), hanging live electric wires, weak building structure) that may
further threaten victims, bystanders and public safety personnel.
c) Administer life-saving efforts. First Responders must rescue living victims and provide treatment for
life-threatening injuries.
d) Establish security and control. First Responders will establish control and restrict scene access to
essential personnel (EMS), thereby aiding rescue efforts and scene preservation.
e) Ensure scene integrity. The Incident Commander must ensure the integrity of the scene by
establishing security perimeters and staging areas, contamination control procedures and evidence
collection and control procedures.
f) Conduct scene walkthrough. The Incident Commander must conduct walkthrough with respective
Team Leader of Investigators, Bomb Squad Unit and SOCO to establish scene parameters, entry/exit
path, and to acquire overview of the incident.
g) Secure required resources. Following the walkthrough, the Incident Commander should meet the
available emergency responders and PBI Team for updates of the scene and to determine what
resources, equipment and additional personnel may be needed.
h) Develop written documentation. There should be a Decision Logbook, wherein every crucial
decision made related to the incident should be documented and signed by whoever made the
decision such as, allowing entry to crime scene by person(s) not member of PBI Team; removal of
any object inside the scene. First Responders and SOCO Team will prepare scene documentation
(e.g. person who access the scene, sketches, floor plans and architectural or engineering drawings);
while the Investigators document activities, noting dates and time associated with the incident,
physical and environmental conditions, statement given by the victims/witnesses, etc.
i) Photograph/Videotape the scene. Aside from the SOCO documentation, Investigator must have
his/her own documentation of the overall views and assembled crowd.
j) Locate and interview victims and witnesses. Investigators should obtain victim‟s/witnesses‟
identities/details, statements and information concerning their injuries and accounts of the incident.
k) Request the assistance of Bomb Squad Unit and SOCO. Secure the assistance of these technical
personnel to ensure a tight case.
l) Collect, preserve, inventory, package, transport of evidence to Crime Laboratory. Refer to Crime
Lab Manual.
m) Ensure that all investigative steps are documented. The Investigators must review all
documentation before releasing the scene.
n) Ensure crime processing is completed. The scene may be released only upon conclusion of the
on-site investigation and thorough evidence collection.
o) Release of crime scene by SOCO to Investigator-on-Case. Release the scene with the notion that
there is only one chance to perform the job correctly and completely and after completion of the final
survey and proper documentation.
p) Turnover of crime scene by the Investigator-on-Case to authorized person. The release of the
scene must be documented. The Investigator should ensure communication of known scene-related
health and safety issues to a receiving authority at the time of release.

1-
156 -
1-
157 -