Misamis University

Ozamiz City, Philippines 7200

Tel. No. +63 88 521 0367/Telefax No. + 63 88 521 2917
Email Address: [email protected]
_________________________________________________________

MASTER OF SCIENCE IN CRIMINAL JUSTICE

A RESEARCH PAPER ON CRISIS INTERVENTION & MANAGEMENT

MSCJ 205

CONCEPTS, PRINCIPLES & METHODS

IN HANDLING CRISIS INTERVENTION &
MANAGEMENT IN DEALING WITH
KIDNAPPING SITUATION

HERNANDO S. ADONA

DARWIN M. APIADO
 INTRODUCTION
The crime of Kidnap for Ransom is not only a serious crime; it is also a
critical, life-threatening incident, violating the victim’s freedom; furthermore, it
undermines human rights. By nature, it is a heinous crime that has become a social
menace due to its adverse effect on the security (peace and order), political and
economic stability of the government. Its prevalence raises fears and doubts among
the general public and discourages investments.

The objective of this section is to provide police investigators with a practical

tool in strengthening their capacity and effectiveness in the investigation of kidnap for
ransom cases.

What is Kidnap for Ransom? The unlawful taking and carrying away of a
person by force or fraud or against his will, or in any manner depriving him of his
liberty for the purpose of extorting ransom as payment for his release. c. Elements of
Kidnap for Ransom:

1. The offender is a private individual;

2. He kidnaps or detains another, or by any means deprives the latter of his

liberty;

3. The act of detention and kidnapping must be illegal;

4. The purpose of kidnapping is to extort ransom from the victim or any other
person.

One of the elements requires that the offender must be a private individual. If
the offenders are police officers who kidnap, detain, and deprive another’s liberty for
the purpose of extorting ransom, these officers are committing the crime of KFR in
their private capacity. They can be held liable for the crime of KFR because they
acted not in the line of duty, kidnap, detain, and deprive a person’s liberty for ransom
or personal reason.

Key Elements in Responding to KFR

Any alleged KFR is a serious incident with potentially life-threatening

consequences. Its investigation requires the collection, timely analysis and careful
and effective use of information. Investigators, specially the case officer, will be
required to exercise judgment and to make difficult decisions. Many acts of
kidnapping are well-planned. Though sometimes, it may occur at the spur of the
moment. Regardless of the motive, each kidnapping is likely to be unique and
extremely challenging for law enforcement authorities. It is vital for police staff at all
levels to be trained to understand the basic principles of countering KFR and their
own potential role in reacting to it. The skill and experience of case officers (and
prosecutors) vary. In some countries, the rate of kidnapping continues to be low, but
it is still necessary to be prepared to deal effectively with KFR cases should they
occur. Regardless of these differences, it is possible to identify a number of key
elements, or general principles, in an investigation of an alleged kidnapping that are
common to most cases and which the case officer needs to consider.

The objectives of the kidnapping for ransom investigation are as follows:

1. To preserve life;

2. To ensure prompt and safe return of the victim;

3. To protect and support the family of the victim;

4. To ensure public safety; and

5. To gather information, intelligence and evidence leading to the solution of

the case, eventual arrest and conviction of the offenders.

Procedures to be undertaken during a kidnap for ransom incident:

Responsibility of the Desk Officer

1. Record the incident in the Police Blotter as a Missing Person Case for
validation;

2. Immediately inform the Chief of Police of the incident.

Responsibility of the Chief of Police

The Chief of Police upon validation of the KFR incident shall refer the case to
the Crisis Management Committee (CMC) responsible for the investigation of kidnap
for ransom cases.

For KFR victim/suspects Intercepted in a Checkpoint

1. if the case is KFR, blotter the incident as Missing Person case.

2. Inform the Chief of Police as soon as possible - the COP will initially take
cognizance of the case and make a formal turnover of the case to the CMC.

Prohibition

Do not send a patrol car or police officer to the scene unless the alleged KFR
needs immediate action and occurring in public view. (The purpose of this prohibition
is to avoid any indication that law enforcement agencies have been informed of the
KFR incident).
 Duties of the Investigator assisting in the investigation of KFR case:

1. Assist in the conduct of victimology;

2. In case the abandoned motor vehicle used in the kidnapping is recovered:

a) Treat the motor vehicle similar to a crime scene;

b) Secure the motor vehicle and request for SOCO assistance; and

Investigation Procedures in Handling Kidnap for Ransom Incidents

Receipt of the complaint

1. Accomplishment of a complaint document;

2. Assignment of the case – The Investigator on case and Case Officer shall
be designated to handle the case. The Investigator on case should maintain a
logbook of all cases referred to him, either in person or through communications,
recording therein the nature/facts of the case, name of complainant, name of the
investigator and the date it was assigned.

3. Written report – based on the initial investigation, the Investigator on case

and Case Officer should prepare a written report;

4. Taking of statements – The investigator on case should then take the

sworn statements of the complainant and witnesses. If arrested suspect/s is willing to
give a confession he should be assisted by a counsel of his own choice. At this
stage, the Case Officer should exert all efforts to gather all evidence relevant to the
case;

5. The taking of statement from a female victim shall be made by a female

investigator.

6. Determine Modus Operandi

a) KFR group scouts for a potential victim through an informer whose work is
to acquire targets for the group. To facilitate the groups operation, a member is
made to seek employment such as drivers or household help or have a business
transaction to gain access and control of the victim;

b) KFR group conducts a thorough study of background of the potential

victim. Study the victim’s background such as capability to pay the ransom and his
daily movements and activities;

c) Execution of the plan at an opportune time. In coordination with their inside

man, the group snatches the victim in a manner that would not catch attention from
the public, by blocking the victim’s car using vehicle with siren to simulate a
legitimate police operation. Sometimes the victim is accosted for being involved in
illegal drugs to obtain physical control on him. Victim is brought to a Safe House
(SH) usually outside of the urban area while ransom for his release is negotiated.

d) Handling of KFR Case – the purpose of recording the incident as Missing

Person case and refrain unnecessary publicity of the same, is to avoid any indication
that law enforcement agencies have been informed of the KFR incident; The victim’s
family should be informed about this concept of the PNP in handling KFR cases,
such as, the primary concern is the safety of the victim, and no police action until the
victim is safely released.

7. Conduct of Victimology (Victim Profiling) – Victimology/Victim Profiling

includes complete information regarding the victim’s physical description, normal
behavioral patterns, the family dynamics and their known friends and acquaintances.

8. Conduct of Neighborhood Investigation – Is directed toward the discovery

of evidence accidentally or intentionally left by the suspects in the crime scene that
can provide the investigators with valuable investigative lead in solving a case.

9. Release of Victim – Debriefing should be conducted by the CMC after the

release of the victim from the custody of the kidnappers and submit the victim to
medical examination. The investigator on case should then take the victim’s
statement. All relevant and material facts occurred during the victim’s captivity must
be included in the statement to strengthen the case against the respondent.

10. Debriefing – Conducted after the release of the KFR victim from the hands
of the kidnappers to determine the latter’s motive and modus operandi, identity of the
kidnappers, their armaments, vehicles, and location of their safe house. The PNP
Criminal Investigation Manual 2011 3 - 75 - purpose of debriefing is to receive
information from a KFR victim after his or her release from the hands of the
kidnappers and to instruct the KFR victim as to what information can be released to
the public and what information is restricted. Another purpose of debriefing is to
assess the KFR victim and reunite him with his family as soon as possible.

11. Backtracking – Conducted after the release of the KFR victim from the
hands of the kidnappers to gather and trace evidence needed by the investigator
handling the case. The purpose of backtracking is to return to the previous places
traveled by the kidnappers during the victim’s abduction for gathering of valuable
investigative leads in the identification of the kidnappers and location of their safe
house.

12. Hot Pursuit – Law enforcers are presumed to regularly perform their
official duties. Warrantless arrest conducted by them after a hot pursuit are made in
compliance with the requirements on rules on warrantless arrest.

13. Lawful Warrantless Arrest – Warrantless arrest is made after an offense of

KFR has just been committed and the arresting officers have personal knowledge of
facts indicating that the persons to be arrested have committed it. In the preparation
of the affidavit of arrest, all relevant and material facts made before, during, and after
the arrest must be included to strengthen the case against the respondents. Inform
the arrested persons of the reason of their arrest and apprise them of their
constitutional rights. As usual, all the necessary documentation must be prepared -
the booking sheet and arrest report, fingerprint cards, and submit the arrested
persons for medical examination. (Sec 5 (b) Rule 113 of RCP – an arrest without a
warrant can be made by a peace officer or private citizen 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).

14. Recovered Evidence – Photograph and make an inventory with complete

markings upon recovery of the evidence.

15. For cell phone messages used in the negotiation for the release of the
KFR victim, preserve it and inform the service provider immediately.

16. For motor vehicle used in the KFR – treat the evidence motor vehicle
similar to crime scene. Record the circumstances of recovery and conduct technical
inspection in the presence of 2 witnesses. Secure the evidence vehicle and direct
the investigator concern to assist the SOCO for proper processing. Proper
examination of the evidence vehicle will reveal the presence of evidence that may
provide the investigator with valuable investigative lead and to build a strong case
against the respondents. Determine the registered owner of evidence motor vehicle
with the Land Transportation Office (LTO).

17. For evidence firearm – determine the registered owner through the PNP
Firearms and Explosives Division (FED).

18. Kidnappers‟ Safe house is Located – Coordinate with local police and
SOCO to investigate and process the crime scene. Fingerprints of the KFR victim
lifted in the crime scene is a proof that he or she was kept therein. Pieces of DNA
evidence of the victim and suspects must also be preserved. Proper examination of
the SH or crime scene will reveal the presence of evidence that may provide the
investigator with valuable investigative leads and build a strong case against the
respondents.

19. Artist’s Sketches of Suspects – Advise the KFR victim and witnesses to
provide the description of the suspects to the artist. In many cases the photograph of
suspects are not available and the best substitute are the artist‟s sketches based on
the recollection of the eye witnesses.

20. Rouge’s Gallery – Show to the KFR victim and witnesses the rouge‟s
gallery of KFR suspects for positive identification. In some instances, the rouge‟s
gallery will lead to a positive identification of the suspects by the complainant and/or
witnesses.
 21. Invitation of Suspects – Invitation for suspects to appear before the
investigating office should be signed by the Chief of Office or his deputy and duly
recorded in a logbook intended for this purpose. The result of the invitation should be
filed in the case folder to form part of the records of the case. Invitation of the
suspect to appear before the investigating office is a part of the Custodial
Investigation. The questioning of the person invited in connection with an offense he
is suspected to have committed is crucial to the case. PNP Criminal Investigation
Manual 2011 3 - 77 –

22. Extra-Judicial Confession – A suspects confession is indispensable in a

case where there is a conspiracy to be established by evidence. In a case, People
vs. Sosing, (111 SCRA 368, 376-377) – A confession made by an accused is
admissible only against him and not against his co-accused who did not in any
manner take part in the said confession, except where there is conspiracy
established by evidence other than the confession itself.

23. Case Referral – The case officer should prepare the case referral to the
inquest prosecutor for the latter’s appropriate recommendation. Case referral and
related documents needed by the Prosecutor should be reviewed by the Legal
Officer for his appraisal, evaluation, recommendation, and legal advice.

24. Collation of evidence – Interview witnesses at the place where the victim
was kidnapped and released, if possible look for any establishment within the area
equipped with CCTV and request for copy of coverage. Ensure careful and orderly
collection prior to proper marking of the pieces of evidence obtained.

25. Progress Report – a progress report should be submitted by the Case

Officer regarding the apprehension of other suspects, recovery of the evidence and
all other development of the case;

26. Documentation – once the suspects have been apprehended and duly
investigated, the investigator on case should prepare the affidavit of apprehending
officers and the Case Officer should prepare the corresponding referral to the
Inquest Prosecutor for appropriate recommendation;

27. Case preparation/analysis – before the Investigator on case and Case

Officer file the case with the Prosecutors Office, the case should first be reviewed by
the Legal Officer for appraisal, evaluation, recommendation and legal advice;

28. Preparation of a case for trial –Trial Preparation – Prior to testifying in a

case, the police witness should have a case conference with the prosecutor handling
the case for the preparation of his testimony to avoid errors, confusions, and
inconsistencies. A police witness should review the case records for the purpose of
comparing and correlating the statements and other investigative materials before
taking the witness stand.
 29. Testifying in Court – The police witness should study his case before
taking the witness stand, by doing proper preparation prior to the scheduled hearing.
Never memorize stet testimony, just know the facts but do not try to say things word
for word. You will look rehearsed during your testimony and then you will not be able
to handle cross examination, where questions are not in sequence. During cross
examination, avoid looking at your Prosecutor when answering questions. This looks
like you are asking for help and the Judge might interpret this as a damaging
question even though your answers make perfectly good sense.

30. Monitoring of cases – Case Monitoring – Case monitoring division is in-

charge of the continuous monitoring of the court proceedings of all filed cases in
coordination with the prosecutors, complainant, and witnesses to ensure conviction.
The investigators‟ job does not end upon the filing of the case before the
Prosecutor’s Office. The case should be continuously monitored up to its final
resolution.

RULES ON ANTI-KIDNAPPING OPERATIONS

The Anti-Kidnapping Group (AKG) is the PNP’s lead unit in the conduct of
anti-kidnapping operations which operates in close coordination with the local police
units, other law enforcement agencies and the community.

Types of Kidnapping

a. Kidnapping by Organized Crime Group/Criminal Group (with ransom)

b. Kidnapping by Threat Groups/Terrorists

c. Kidnapping by Other Individuals

Concept of Operation

a. Upon receipt of kidnapping incident report, the police officer shall make an
incident recording, deploy first responders and alert all concerned authorities/ tasked
groups like the local territorial units, Criminal Investigation and Detection Group and
the Anti-Kidnapping Group (AKG).

b. Upon initial assessment of the type of kidnapping and upon confirmation that the
kidnapping incident is true, the case shall be referred to the AKG, other territorial
units or to higher authority

c. If the kidnapping was perpetrated by Organized Crime Group/Criminal Group

(OCG/CG) and with ransom demand, it shall be referred to the AKG for their initial
action/operational response.

d. If the kidnapping was perpetrated by Threat Groups/ Terrorists, it shall be referred

to the higher authorities for the activation of AFP-PNP Joint Task Force, Critical
Incident Management Committee (CIMC) or Critical Incident Management Task
Group (CIMTG); local Chief Executive; and other concerned agencies.

e. If kidnapping was perpetrated by other individuals, it shall be referred to the

concerned PNP territorial units for appropriate operational response.
REFERENCES

-PHILIPPINE NATIONAL POLICE MANUAL

PNP-DIDM-DS-9-1/CRIMINAL INVESTIGATION MANUAL REVISED 2011
pg 3-70/3-78
http://www.pnp.gov.ph/images/Manuals_and_Guides/DIDM/Criminal-Investigation-
Manual.pdf

-PHILIPPINE NATIONAL POLICE HANDBOOK

PNPM-DO-DS-3-2-13
REVISED POLICE OPERATIONAL PROCEDURE
pg 117
http://www.pnp.gov.ph/images/transparency_seal/2016/manuals/
PNPOperationsManual.pdf