You are on page 1of 82

QUEST REVIEW CENTER

1550 Espana Blvd. Cor. Lacson Ave., Sampaloc, Manila


Contact Nos.: 385-4322 / 0926-372-2083 / 0909-873-3892
E-mail Add.: questreviewcenter@yahoo.com

NOTES ON CRIME DETECTION AND INVESTIGATION

CDI 1: FUNDAMENTALS OF CRIMINAL INVESTIGATION


Prepared by: PROF. FELINO “IDOL” AGUIT BRAGADO

I. INTRUDUCTION TO CRIMINAL INVESTIGATION AND DETECTION – HANS GROSS – A noted Criminologist


once said that Criminal Investigation is a 95% perspiration b. 3% inspiration and c. 2% luck.

A. Definition of Terms:
Criminal investigation - is an art, not science. But we must treat it partially in order that we will be guided by the
general principle and concepts; and the provision of laws pertinent to our Criminal Justice System.

ART - is simply defined as the POWER of performing certain action especially acquired by experience, study and
observation.

Criminal Investigator – is an artist in his chosen field and who had his skills to produce the finest work of art by
busting blank wall cases. Criminal investigators are the cream of the police organization. They are removed from
the stratum of the ordinary police man and they belong to the realm of police intellectuals. Hence, their selection
must be based not only on qualifications but competence and nothing less.

CONCEPTS AND PRINCIPLES OF CRIMINAL INVESTIGATION

CRIMINAL INVESTAGATION defined – it is an art, which the identity and location of the criminal offender and
gathering and providing evidence of his guilt in criminal proceedings.

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

QUALITIES OF INVESTIGATOR:

1. Perseverance
2. Endurance
3. Incorruptible honesty and integrity
4. The Intelligence and Wisdom of Solomon
5. The knowledge of psychology and other natural sciences
6. Acting Ability
7. Mastery of the Oral and Written Communication
8. The keen power of observation and deception
9. Working knowledge of Criminal Law, Evidence, Criminal Procedures and Penal special laws.
10. Sense of justice and Fairy Play.
11. The power to “read between the lines”
12. Working knowledge of martial arts and Fire arms proficiency.

B. THE THREE TOOLS OR I’S OF INVESTIGATION:


1. INFORMATION defined – It is the knowledge of facts which the investigator had gathered from persons or
documents, which are pertinent relevant concerning the commission of criminal activities.

INFORMATION CLASSIFIED AS TO SOURCES:


a. RegularSources
b. Cultivated Sources
c. Grapevines Sources

2. INTERVIEW AND INTERROGATION


a. Interview defined – it is the simple questioning of a person who cooperates with the investigator.
b. Interrogation defined – It is process of obtaining and admission or confession from those suspects to have
committed a crime. It is confrontational in nature.
c. Field Inquiry defined – It is the general questioning of all persons at the crime scene conducted by the
investigator.
3. INSTRUMENTATION defined - It is the police of applying instruments or tools of the police sciences in criminal
investigation and detection.

C. CARDINAL QUESTIONS IN INVESTIGATION:


1. THE FIVE W’s and H OF CRIMINAL INVESTIGATION – These are the questions: WHO, WHAT, WHEN,
WHERE, WHAT and HOW.

Quest Review Center – Crime Detection and Investigation 1


2. RECURRING QUESTIONS - are the MENTAL and PHYSICAL RECONSTRUCTIONS on how the crime
was committed, these questions will preoccupy the mind of the investigator.

D. RESPONDING TO THE CRIME SCENE:


When a report of a crime is received, the identity of the person who reported is noted, to include his address,
personal circumstances and possibly contact number.

a. The means of the report


b. The time of the report
c. The receiver of the report
d. The time of dispatch

E. CRIME SCENCE INVESTIGATION:


1. THE GOLDEN RULE AT THE CRIME SCENE - Never touch any object at the crime scene unless
photographed, measured and indicated in the sketch.

2. ASSIGNMENT OF DUTIES - The team is headed by the Chief or Senior Investigator.


The Members include the following:
a. Assistant Team Leader
b. Photographer
c. Sketcher
d. Master note taker
e. Evidence Man
f. Measurer

3.THE CRIME SCENE SEARCH - The investigator places himself at a spot where there are no physical evidence
that will be tampered and make an estimate as to what form af search will be employed.

4.THE METHODS OF SEARCH:


a. the strip method
b. the double strip method
c. the spiral or circular method
d. the zone method
e. the wheel, radial or spoke method

5.THE PURPOSE OF SEARCH - the purpose of the crime scene search is to find physical evidence. The afore-
stated methods are only general guides for the investigator.

6.PHOTOGRAPH OF THE CRIME SCENE:


a. general view
b. medium view
c. close up view
d. color photography

7.GUIDES IN PHOTOGRAPHING CRIME SCENES:


a. Series of photographs of the crime scene
b. The depicted object in the photograph should not be immaterial or irrelevant.

8.THE KINDS OF PHOTOGRAPHS TO BE TAKEN AT THE SCENE


a. The photograph of the deceased showing the relationship of the dead body with surroundings, especially
the physical evidence
b. Photographs of evidence showing forcible entry destroyed padlocks, broken doors and windows and other
relevant signs of disturbances.

9.THE USE OF SPECIAL PHOTOGRAPHY


a. Such as infrared, ultra violet, orthosterios macro- photography, movie camera, etc…
b. Photography of environs
c. Close-up photograph of the dead body after removal from the scene.

10.SKETCHING THE CRIME SCENE

a. SKETCH - it is the graphic representation of the scene of the crime. With complete measurements of the relative
distances of relevant object and conditions obtaining therein.

b. THE GENERAL KINDS OF SKETCH


1. Rough Sketch – It is made by the investigator at the crime scene which is full of important details. But without the
scale of proportionThis is used as the basis for the finished sketch.
2. Finished Sketch- This is a Sketch with a scale of proportion and drawn by the draftsman. The rough sketch and
the finished sketch are fore court presentation.

11. THE SPECIFIC KINDS OF SKETCHES


a. sketch of locality

Quest Review Center – Crime Detection and Investigation 2


b. Compass direction
c. Sketch in details/cross projection or the exploded view

12. THE ELEMENTS OF THE SKETCH


a. measurements
b. compass direction
c. essential items
d. scale of proportion
e. legend
f. title

13. COLLECTION, MARKING, TAGGING and PRESERVATION OF THE EVIDENCE

a. COLLECTION – As evidence is collected, it is individually marked with initials of the Investigator.


b. MARKING – Every collected evidence is marked.
c. TAGGING - Every piece of evidence the is collected and marked must be tagged
d. PRESERVATION OF THE EVIDENCE – Perishable Materials should be preserve by the way or the methods of
preservation in order that they will reach the court in the same physical condition as when they were collected from
the crime scene. This is the work of the laboratory technician

14. CHAIN OF CUSTODY defined - it is the number of persons who handled and possessed the piece of evidence
the moment that they were collected, marked and tagged, up to the time the final disposition of the case.

15. METHODS OF MARKING SPECIFIC KINDS OF EVIDENCE

a. GUNS:
i. Revolver – frame, butt, cylinder, barrel and stock.
ii. Rifles – barrel, frame, bolt or slide
iii. All magazines and accessories shall also be marked.

b. REVOLBER CYLINDER: The chamber facing the firing pin must be marked as soon as it is open for
examination.

Note: the direction of the rotation of the cylinder must also be sketched and noted. E.g. Colt clockwise while S&W
counter clockwise direction.

c. FIRED EMPTY SHELLS: Fired empty cartridges inside the mouth, In case of. 22 call on the side o0f 6the body
of the shell.

d. BULLETS OF SLUG: Ogive or nose avoiding the land and groove. They could also be marked on the base.

F. RECONSTRUCTING THE CRIME


1. RECONSTRUCTING THE CRIME defined – It is the assessment made by the investigator after the crime scene
investigation, of how the crime is committed.

2. KINDS OF RECONSTRACTING THE CRIME


a. PHYSICAL RECONSTRUCTION - It is based on the physical appearance of the crime scene mainly focused on
the pieces of physical evidence. And the accounts of witnesses and suspects
b. MENTAL RECONSTRUCTION - Based on the physical reconstruction; some conclusion could be formulated
taking into account all available pieces o9f evidence.

G. THE DEVELOPMENT OF THEORIES:


THEORY defined - It is the imaginative contemplation of reality, direct intellectual apprehension, insight or body of
generalization and principles developed in association with the practice in a certain field of activity(The of the
Investigator’s theory).

H. FIELD INQUIRY:
a. FIELD INQUIRY defined – it is the general questioning of all persons at near or around the crime scene.
b. when to start the field inquiry.
c. how to treat witnesses and suspects retained ate the scene
d. the purpose of separating the witnesses or suspects from one another.

I.GOING BACK TO THE CRIME SCENE


a. Reason for going back at the crime scene
b. Value of the process

J. THE TRHEE PHASES OF CRIMINAL INVESTIGATION


a. The identification of the criminal
b. The facts or evidence to prove his guilt are gathered for introduction during trial.

K. THE FOUR METHODS OF IDENTIFYING THE CRIMINALS:


a. By confession or admission

Quest Review Center – Crime Detection and Investigation 3


b. By accounts or testimonies of witnesses
c. By circumstantial evidence
d. By associative evidence

L. THE TWO KINDS OF CRIMINALS FOR PURPOSES OF IDENTIFICATION BY WITNESS:


a. KNOWN FUGITIVES
b. UNKNOWN FUGITVES

FACTORS AFFECTING POSITIVE IENTIFCATION:


1. The ability of the witnesses to positively identify the unknown criminals depends upon his level of alertness
intelligence, vision, age and health.
2. The prevailing conditions of visibility and observation of the crime scene.
3. The lapse of time between the commission of the crime and the arrest of the offender.
4. The opportunity of the criminal to vary his personal appearance such as the removal of moustache, side
bums, goatee, the change to hair style, the addition of tattoo on the face, earrings, nose rings, lip rings or
facelift thru surgery.

M. METHODS OF IDENTIFICATION BY WITNESSES


1 verbal description
2. Rogue’s gallery
3. General photographs
4 cartographic sketches

N. THE POLICE LINE-UP


It is the process of identification by witnesses of the unknown fugitive who is mixed innocent persons lined
before the witness. (Procedures of Police Line-Up)

O. CENTERPOINTS OF PHYSICAL IDENTIFICATION


1. Face 7. Fingers
2. Hair 8. Manner of walking
3. Neck 9. Voice
4. Shoulder 10. Physical appearance
5. Waist 11. Complexion
6. Hands

P.THE PHYSICAL EVIDENCE TO IDENTIFY CRIMINAL

KINDS OF PHYSICAL EVIDENCE:


1. CORPUS DELICTI – These are the object or substance, which constitute the essential parts or elements of the
commission of the crime. It is sometimes called the body of the crime not the body of the victim.The cause of death
is one of the essential element of a crime.
2. ASSOCIATIVE EVIDENCE – Pieces of evidence which will link suspect to the scene, such as fingerprints, foot or
shoe impressions are but some of the examples.
3. TRACING EVIDENCE – Article which assist the investigator in location the criminal. Stolen goods in the
possession of the suspect is the example.

Q.PRESERVATION AND CARE OF EVIDENCE


(Purpose – shell have the same substantial condition when they will be presented before the court during trial)
(Marking – for positive and defined identification during trial)

R.MODUS OPERANDI Defined – simply, it is the method of the operation by a specific criminal or criminal
syndicates. (Importance of Modus operandi)

THE ART OF OBTAINING INFORMATION


A.INTERVIEW
1. INTEERVIEW defined – it is the questioning of a person believed to posssess information which is relevant to
the investigation of a crime or on criminal activities

2. THE GOLDEN RULE IN INTERVIEW - Never conduct or let anyone conduct an interview if the interviewer has
not gone to the crime scene.

3. QUALITIES OF AAA GOOD INTERVIEWER:


a. Rapport forceful personality
b. Knowledge of human behavior
c. Conversational tone of voice
d. Common interest
e. Acting qualities
f. Humility

4. COGNITIVE INTERVIEW defined – it is a formed or technique in the conduct of interview upon will witness and
cooperative witness, where they are given the full opportunity to narrate their accounts without interventions
interruption and interference from the interviewer.

Quest Review Center – Crime Detection and Investigation 4


5. REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
a. fear of reprisal
b. great inconvenience
c. hatred against the police
d. bias of the witness
e. avoidanceof publicity
f. family restriction
g. bigotry
h. cultish indoctrination

6. COMMON TECHNIQUE APPLICABLE TO FOREGOING REASONS


Many of this witness want that they will not be utilized as formal witness but to remain anonymous. (Note:
The power of persuasion plays a key anonymous. (Note: The power plays key role.)

7.THE STAGES OF HANDLING THE INTERVIEW


1. Preparation
2. Approach
3. Warming up
4. Cognitive interviews

8.RULES IN QUESTIONING
a. One question at a time
b. Avoid implied answer
c. Simplicity of questions
d. saving faces
e. yes and no answer

9.TYPE OF WITNESSES ACCORDING TO THEIR ATTITUDES


A. Known- nothing type
B. Disinterested type
C. The drunken type
D. Suspicious type
E. Talkative
F. Honest witnesses
G. Deceitful witness
H. Timid witnesses
I. Boasting, egoistic or egocentric witnesses
J. Type refusal to talk witnesses

10.STATEMENT ANALYSIS:
The investigator my exercise the utmost care before concluding the culpability of suspect. Every compliant
and testimonies of witnesses are subject to crucible of truth, lest the investigator will be ignorant and unmindful
weapon of deception, frame up of incriminatory machination against innocent.

11.COMPLAINT AND TESTIMONIES BE REDUCED IN WRITING (Q&A)


B. INFORMATS
1. INFORMANT defined - is any person who furnishes the police information relevant to a criminal case about the
activities of criminal or syndicates. The informant may openly give information or offer himself to a witness.

2. CONFIDENTIAL INFORMANT defined - people who provide the police with confidential information concerning
a past crime or projected and planned crime.

3.THE TYPES OF INFORMANTS:


a. anonymous informant
b. rival- elimination informant
c. false informant
d. frightened informant
e. self- aggrandizing informant
h. woman informant
i. legitimate informant

C. INFORMERS
1. INFORMER defined – the person who provides information to the police on a regular basis. They are either paid
regularly or in a case to case basis, or none at all.

2. THE PROVIAL BASIS – The saying goes: It needs a thief to catch another thief.

3. SELECTION OF INFORMERS – This is addressed to the sound discretion of the investigator, the informer may
be to a fixed period of assignment or into a case to case basis.

Quest Review Center – Crime Detection and Investigation 5


4. CRITICAL AREAS IN DEVELOPMENT OF INFORMERS
a. Within the ranks of criminals and criminal syndicates
b. associates and friend of criminals
c. Places of hang outs criminals
d. Slum and residential places where criminals have their contacts
e. Detention Centers
f. Places where criminals dispose their loots

5. WOMEN INFORMERS- Most effective among informers because they could easily penetrate the ranks of
criminals with less suspicion.

6. DUAL ROLE OF THE INFOMERS - Identifying and tracing the whereabouts of the suspects and gathering of
information that will lead to the location and recovery of the evidence such as the loot or the other pieces of evader
relevant to criminal activities.

D. OTHER SOURCES
1. GOV ERNMENT RECORDS
2. PRIVATE RECORDS
3. INTERPCEPTED MESSAGES
4. RECORDS OF THE FIREARMS AND EXPLOSIVE UNIT
5. FIRE BUSTING
6. RECORDS OF FOREIGN AND LOCAL MANUFACTURER
7. STORED DATE ON COMPUTERS AND CELLPHONES RULES ON COMPUTER
Upon arrival when computer is off don’t turn it on. When on don’t turn it off. The plugging should be done by
pulling out the cable directly from the back of the CPU.

Each plugging cable must be marked; computer must be carefully handled and packed only computer
forensic expert should search for any information or evidence contained in the hardware and the computer
hardware should be duplicated by the expert and the original should be kept by the evidence custodian.

8. RECORDED MESSAGE FROM THE FILE WITH I.T. COMPANIES – coordination with the IT CO. on relevant
information is desirable. The value of this information on the files of these companies could not be underestimated.

THE ART OF INTERROGATION


1. INTERROGATION – it is the vigorous and the confrontational questioning of suspect about his participation in a
crime. It is confrontational in the sense the navigator places the guilt on the accused. This process is also applied to
an uncooperative or recalcitrant witness.

2. PURPOSE OF INTERROGATION
a. On the part of the suspect, it is to extract a confession or admission .
b. On the part of the uncooperative or unwilling witness, it is to extract the information he possessed.

3. CONFESSION DISTINGUISHED FROM ADMMISSION


a. CONFESSION – it is the direct acknowledgement of guilt arising from the commission of crime.
b. ADMISSION – It is the acknowledgement of fact or circumstance without accepting guilt.

4. KINDS OF CONFFESSION;
a. Extra Judicial confession
b. Judicial Confession

5. CUSTODIAL INTERROGATION OR INVESTIGATION - This is the stage of investigation where there is strict
observance of the MIRANDA DOCTRINE.

6. MIRANDA DOCTRINE (MIRANDA VS ARIZONA)

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INTERROGATION


1. Right to remain silent
2. Right to counsel of his own choice and if he has none, the government must provide one for him free of
charge.
3. Right to be informed of the nature of the charges against him and whatever he says may be used for or
against him.

THIS RIGHT COULD BE VALIDY WAIVED


1. In writing
2. With the assistance of counsel
3. Signed and sworn by the accused

7.THE TECHNIQUES OF INERROGATION:


A. EMOTIONAL - Combining his skills of an actor and a psychologist.
B. SYMPATHETIC APPEAL - An offer to help, kindness, friendliness
C. FRIENDLINESS - An approach coupled with a posture of sincerity.

Quest Review Center – Crime Detection and Investigation 6


D. TRICK AND BLUFF
1. The pretense of Solid Evidence against the accused
2. The Weakest Link
3. Drama
4. Feigning contact with family member
5. Many more trick and bluffs
6. The Line-Up
7. Reverse Line-Up

E. STERN APPROACH – The investigator displays a stern personality towards the suspect by using the
following methods:
1. Pretense of physical evidence
2. Jolting
3. Opportunity to lie
4. Indifference
5. Feigning protection and consideration
F. THE MUTT AND JEFF OR SWEET AND SOUR METHOD
G. REMOVING THE ETHNIC OR CULTURAL BARRIER
H. SEARCHING FOR THE SOFT SPOT

8.ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

a.RATIONALIZATION - it is use of reasons, which is acceptable to the subject that led to commission of the
crime.
b.PROJECTION - it is the process of putting the blame to other person, not and to suspect
c.MINIMIZATION – It is the act minimizing the culpability of the suspect.

9.PHYSICAL SIGNS OF DECEPTIONS


a. sweating
b. color change
c. dry mouth
d. avoidance of direct eye contact
e. breathing
f. pulse

METHODS OF INSTRUMENTATIONS
1. POLICE SCIENCE INVOLVED
a. POLYGRAPH OR LIE DETECTOR TEST
b. QUESTIONED DOCUMENT EXAMINATION
c. POLICE PHOTOGRAPHY
d. DACTYLOSCOPY
e. FORENSIC MEDICINE
f. DONTOLOGY
g. FORENSIC CHEMISTRY- (TOXICOLOGY)
h. FORENSIC PSYCHOLOGY
i. FORENSIC BALLISTICS
j. FORENSIC COMPUTER TECHNOLOGY

2. INSTRUMENTATION - it is the application of instrument and the laws of physical sciences in the
investigation and detection of crimes and criminals. This is otherwise known as CRIMINALISTICS.

3. FORENSIC DETECTIVE - The person applying the forensic science in crime detection.

4. MODERN DISCOVERIES OF INSTRUMENTATION


a. DNA (Deoxyribonucleic Acid) - The discovery in genetics is that no two persons have the same
DNA profile, expect the identical twins. The father of DNA is Sir ALEC JEFFREY. The DNA of an
individual is formed by the combination of DNA’s of the father and the mother. Brothers and sisters
of the same parents have different DNA’s and there is never a chance that it would result to
identical or similar profile.
b. HAIR EXAMINATION - The roots of the hair when examined under the new technology will
determine the presence of drugs taken by the person two years prior to the said examination.
c. GLOBAL POSITIONING SYSTEM (GPS) - This is for the effective identification on the location of
criminals and objects thru modern and special gadgets.

SURVEILLANCE AND UNDERCOVER OPERATIONS

A. PRINCIPLE AND CONCEPT OF SURVEILLANCE


1. SURVEILLANCE - It is the observation of persons, place and vehicles for the purpose of obtaining
information concerning the identities of criminals and their activities.

2. SURVEILLANT - The person who conducts the surveillance or performs the observation.

Quest Review Center – Crime Detection and Investigation 7


3. Subject - is the person, place, vehicle being observed by the surveillant.

4. THE KINDS OF SURVEILLANCE:


a. COVERT- Subject is not aware that he is being observed.
b. Overt - Subject is aware that he is being tailed.

5. THE PURPOSE OF SURVEILLANCE


a. To get information on criminal
b. To discover the identities of persons frequenting the place to established their criminal activities.

6. OTHER TYPES OF SURVEILLANCE


a. FIXED SURVEILLANCE - watching a house or building
b. MOVING SURVEILLANCE - on foot or by motor

7. PROCEDURES IN FIXED SURVEILLANCE

8. TOOLS USED IN FIXED SURVEILLANCE

9. PERSONNEL APPEARANCE OF THE SURVEILLANT

B.SURVEILLANT ON FOOT

1. SHADOWING or TAILING

2. PURPOSE OF FOOT SURVEILLANCE

3. THE DON’TS IN FOOT SURVEILLANCE

4. PREPERATION FOR THE SHADOWING

5. THE METHODS OF FOOT SURVEILLANCE


a. One man shadow
b. Two man shadow and
c. Three man shadow or ABC technique of shadowing

6. TACTICS AND TECHNIQUES OF SHADOWING


a. Turning corners
b. Entering a building
c. Riding a bus
d. Riding a taxi
e. Riding a train
f. In a hotel
g. In a telephone booth
h. In a theater
i. Inside a private house
j. Inside a small private or public office

7. THE CONSTANT RISK OF THE SHADOWER - if he is organized, he is recognized, he is recognized, he


is “burned out”. The other is losing the subject.

8. THE COMMON TRICKS OF SUBJECT


a. Test for tailing
b. Use of convoy

C. VEHICLE SURVEILLANCE

1. Technique in automobile surveillance.


2. Distinguishing the shadower’s cars.

D. UNDERCOVER OPERATION

1. UNDERCOVER OPERATION - It is a police operation wherein the investigator assumes a fictitious identity
in order to infiltrate the ranks of the criminals for the purpose of obtaining information.

2. PURPOSE OF UNDERCOVER OPERATION


a. Gathering of evidence
b. Gathering of information
c. Installation of surveillance equipment
d. Loyalty check
e. Penetrating subversive organizations
f. Counter intelligence
g. Basis for a successful raid
Quest Review Center – Crime Detection and Investigation 8
3. QUALITIES OF A GOOD UNDERCOVER AGENT
a. A good actor and a psychologist.
b. Be able to adapt himself in the field of assignment.
c. Knowledge of general information and the varied ways of life, profession and occupation.
d. Temperament – a calm, enduring and affable personality. Self-control and self-confidence.
e. Photographic memory

4. SPECIFIC TYPES OF UNDERCOVER ASSIGNMENT


a. Work assignment
b. Social assignment
c. Subversive organization
d. Residential assignment

5. THE FICTITIOUS PERSONALITY – The preparation should include the fictitious background of the
undercover agent

6. THE DON’TS IN THE ASSIGNMENT


a. Don’t drink too much in the assignment
b. Don’t court women.
c. Do not fail to provide person in the place who could vouch for the agent.
d. Bragging
e. Woman agent
f. Expenditures must be moderate and commensurate with the fictitious identity.

7. MEANS OF CONTACT WITH HEADQUARTERS


a. Telephone
b. Coded messages
c. Secret meeting

TRACING AND ARRESTING CRIMINALS


1. METHODS OF TRACING AND LOCATING CRIMINAL
a. By informers
b. By informant
c. Grapevine sources
d. Tailings
e. Using children
f. Courting the girlfriend
g. Harassing the known associate and friends of the criminals
h. Interrogate arrested criminals known to the subject
i. In fresh cases, the use of bloodhound dog or K-9
j. In very recent cases, find out the ethnic group of the criminal
k. A thorough search at the hiding place
l. Disguises
m. Publication of rewards for the capture of the criminal
n. Corrupting with money of known associate of the criminal
o. Thru undercover operation
p. Issuance of general alarm
q. Tapping the communication of the facility, friends, and associate criminals.
r. The use of postal notice of package or registered letter.
s. The use of trick to flush out the criminal from a house where he is believed to be hiding.
t. There are many more methods or techniques in tracing and locating criminals which most often
defend on resourcefulness and ingenuity of the investigator.

2. PLANNING THE ARREST OR RAID


a. Always plan for the worst scenario.
b. The raid or arrest must be well planned always accompanied by the element of surprise.
c. More than one arresting officer must be employed.
d. Always presume that the criminal is armed and dangerous.
e. Never allow the criminal to change his clothes as the place of arrest.
f. Follow- up operation
g. In conducting raid on residence buildings the officer should always bring a ten –pound
sledgehammer for easy opening doors.
h. In raids, do not stay longer than necessary along the lines of fire.
i. In night time raids 2:00 am to 3:00 am is the ideal time
j. In all arrest and raids, the commanding loud voice of the arresting officer and serious look.
k. Always rush towards the criminal ion a grapping distance but never place your gun within his reach.
l. The entering parties should wear bulletproof vest if available.
m. In night raids, be equipped with powerful flashlight
n. Flexibility in the planning and execution should be encouraged
o. The use of marked vehicles from the uniformed units such as Mobile Patrol Bureau shall be the
second perimeter cordon ready for assistance to the raiding team.

Quest Review Center – Crime Detection and Investigation 9


p. The use of automatic fire is discouraged
q. In case of vehicle interception, the car should be immobilized by firing at the tire, not on the
occupants.

Quest Review Center – Crime Detection and Investigation 10


CDI 2: TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRANSPORTATION
- is an act or process of conveying from one place to another
- from the Latin word “Terans” meaning across or and move and “Portare” means to carry

VARIOUS ANCIENT MODES OF TRANSPORATATION


A. MANPOWER
B. ANIMAL POWER
C. WIND POWER

ROADS AND VEHICLES HISTORY


 
WHEEL
- was invented probably in Western Asia
- one of man’s great inventions

THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)

CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley

RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)

TRAFFIC
- it refers to the movement of persons, goods, or vehicles, either powered by combustion system or
animal drawn vehicle, from one place to another for the purpose of safe travel
- originated from Greco-Roman word Trafico and Greek word Traffiga, origin of which is not known

THE 5’Es OF TRAFFIC

1. ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and providing warning to the
erring driver for the purpose of deterring and discouraging and or preventing such violation
2. EDUCATION
- the process of giving training and practice in the actual application of traffic safety knowledge

3. ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the traffic law and generation;
the application of these knowledge to the professional practice of planning, deciding, and operating traffic
system to achieve safe and efficient transportation of persons and goods

4. TRAFFIC ECOLOGY/ ENVIRONMENT


- the study of potentially disastrous population explosion, changes in urban environment due to the scale and
density of new urban concentration and new activities carried out, air pollution, water pollution and
crowding, transport congestion which result therein

5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy

MANAGEMENT
- it is an executive function such as planning, organizing, Directing and supervising, coordinating operating
recording and budgeting traffic affairs

AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

Land Transportation Office


- tasked to enforce laws, rules and regulation governing the registration of motor vehicles, operation of motor
vehicle and traffic rules and regulation as provided by RA 4136 as amended

Land Transportation Franchising and Regulatory Board


- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
Quest Review Center – Crime Detection and Investigation 11
- promulgate rules
- impose and collect fees
- formulate and enforce rules and regulation for transport operation for promotion of safety and convenience
of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-A and
E.O. 202 dated June 19,1987

Department of Transportation and Communications


- in charge of planning programs coordinating implementing and perform administrative function and
promotion development and regulation of dependable and coordinated network of transportation and
communication in order to have fast, safe, efficient and reliable postal transportation and communication
services (EO No. 125.)

Metro Manila Development Authority (MMDA)


- created under RA. 7924 and sets policies concerning traffic in Metro Manila, coordinates and regulates
implementation of program related to traffic

Congress and Local Council


- the branch of government primarily tasked to create laws for the welfare of the public

Judiciary
- the branch of government that interprets the law through adjudication of cases

Traffic Management Group (TMG)


- the basis service of the PNP tasked to direct and control traffic, perform accident investigation, enforce the
laws and issue citations.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

Department of Public Works and Highways


- has responsibility of determining traffic flow planning approval of program and budget finding of
construction and maintenance of road and instrument
 
Local Public Works and Engineering Offices
- local government units and instrumentalities that have the same function as the DPWH
- perform such powers within their territorial boundary

AGENCIES INVOLVED IN TRAFFIC EDUCATION

Schools

Elementary
- tasked to educate children to obey traffic rules through their programmed curricula

Secondary
- tasked to educate students in obeying tha traffic rules by imposing school policies intended for the welfare
of the students

Higher Education
- they offer subjects on driving and traffic safety course or any allied subjects

TRAFFIC EDUCATION
- is priceless gem in the entire scale of social order of the road
- is the process of inculcating to an individual the knowledge, skill, responsibilities and values to become a fully
developed person
- the key to smooth traffic flow is discipline and to acquire discipline people must be educated

PURPOSE OF DRIVER EDUCATION


1) To Instill awareness of one's legal and moral responsibilities in traffic; and
2) To teach abilities required for one to be eligible for a driver’s license.

SAFETY CAMPAIGN
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as road propaganda

BIORHYTHM
- the theory asserting that man exhibit constant variation of energy and mood states

The Environmental Factors in Man’s Theorized Cycles and Interpretation of Biorhythm


1. The exchange of Light and darkness
2. The four seasons
3. Wet and dry seasons

Quest Review Center – Crime Detection and Investigation 12


4. The waxing and waning of the moon

The Biorhythm Cycle


1. 23 days of physical cycle
2. 28 days of emotional cycle
3. 33 days of intellectual cycle

The High State


Physically high
-people are energetic, strong and agile
Emotionally high
-people are creative, artistic and happy
Intellectually high
-people think quickly and logically

The Low State


Physically low
-people tend to be tired and succumb to sickness
Emotionally low
-people are moody, irritable and depressed
Intellectually low
-people find it difficult to think logically and lacks coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

LICENSING SYSTEM
-it is the system of issuing license to any person who is qualified to fulfill the responsibilities required by the licens
-administered by the LTO

DRIVER’S LICENSE
-issued to the drivers as privilege granted by the government providing statutory qualification

LICENSING PROCEDURE

REQUISITES FOR ISSUANCE OF LICENSE


-At least 16 years old for student’s permit
-17 years old for sub-professional
-18 years old for professional

KINDS OF DRIVER’S LICENSE


1. Student permit
2. Non-professional
3. Professional
4. Military
5. International

RESTRICTION CODE
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500 kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and weighing more than 4500 kg

DRIVER
- Licensed operator of a vehicle

DUITES OF DRIVER IN CASE OF ACCIDENTS


1. Stop immediately.
2. Show the license to the victim and give the true name, address and contact number.
3. Driver is not allowed to leave the scene without aiding the victim.

EXCEPTIONS TO THE PRECEEDING TOPIC


1. If he is in imminent danger of being seriously harmed by reason of accident;
2. If he reports the accident to the nearest police station; and
3. If he has summoned the physician or nurse to aid the victim.

CONDUCTOR
-Licensed person allowing limited number of passengers, freight or cargo in public utility truck or buses

TEN COMMANDEMENTS OF TRAFFIC


1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the fast lane and the slow lane is
the right.
Quest Review Center – Crime Detection and Investigation 13
2. OBSERVE ROAD COURTESY- yield to emergency vehicle, pedestrians, trains, vehicle with right of way,
vehicles ahead, large vehicles, uphill traffic, vehicles with momentum, straight traffic, and traffic signs.

Emergency Vehicles:
a. Vehicle with physician
b. Ambulance on emergency call
c. Vehicle with wounded or sick person
d. AFP/ PNP vehicle on official call
e. Vehicle in pursuit of criminals
f. A police or fire on call

RIGHT OF WAY RULE


- the right to proceed ahead of another vehicle or pedestrian

a. Intersection- when two or more vehicle is entering an intersection the one on the left will give way to the
right vehicle.
b. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas the movement of
vehicles is regulated by a police officer.
c. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing to an intersection.
If there is no hazard the driver may slowdown to 5mph.
d. Police /emergency vehicle- all drivers should yield to emergency to emergency vehicle except as directed
by traffic enforcer. Fire trucks are accepted to speed limit but they are prohibited to have unnecessary
speed.
e. From private road to highway- vehicle from private road must yield to that on a highway.

3. PROHIBITED PARKING
Places where parking is prohibited:
a. Near an intersection
b. Crosswalk/ pedestrian lane
c. Within 6 meters from drive way of any response installation, fire hydrant and private roads
d. Double parking
e. Sidewalks, alleys, foot of the bridge
f. Places wherein official signs are posted

4. WHEN IN DOUBT, DO NOT OVERTAKE.


-overtaking lane is the lane to the left of overtaken vehicle going in the same direction, overtaken vehicle is
the privileged vehicle

CONSIDER THESE IF YOU OVERTAKE:


a. Signal the intention.
b. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient distance to facilitate
proper overtake.
c. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep his lane, maintain
speed and yield to overtaking vehicle.
d. He shall increase his speed until the overtaken vehicle has cleared the way
e. In a two lanes, on a divided roadway, they may use either of the lanes.
f. In an expressway with fast and slow lanes, on a divided roadway, they may use either of the lanes.
g. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection and between
construction and caution.

5. THE BUS STOP RULE


a. The buses queue up in a single file in their order arrival.
b. Lead bus moving toward the center of column of busses lining on the bus stop zone, and remain until zone
is filled with busses, but longer than three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS


- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking. In a construction, vehicles
should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES


- Observe and obey traffic notices sign like notices and pavement markings.

8. THE PHILOSOPHY OF PINOY DRIVER


- Motorist should observe equity of the lead vehicle, doctrine of the last clear chance on rotunda drive.

9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait embark and alight at bus or jeepney stop.

10. REMEMBER THE INTERNATIONAL SAFETY REMINDER- “SAFETY FIRST”

Quest Review Center – Crime Detection and Investigation 14


TRAFFIC LAW ENFORCEMENT
- the action taken by the police to compel obedience to traffic laws and ordinance regulating the use and
movement of motor vehicle for the purpose of creating a deterrent to unlawful behavior by all potential
violators

TRAFFIC LAW ENFORCER


- a person duly deputized by an agency of government authorized by law to enforce traffic laws, rules and
regulations

POLICE TRAFFIC LAW ENFORCEMENT


- the part performed by the police and other agencies with police power including deterrent to law violations
created by the presence of uniformed police officer and their special equipment, special assistance to court
and prosecutor and incidental service to highway users

COURT TRAFFIC LAW ENFORCEMENT


- the performed by the court through adjudication and penalization

POLICE COURT ENFORCEMENT PROCESS

FIVE ESSENTIAL STEPS


1. DETECTION - wholly police activities and entails looking for defects in the behavior motorist, pedestrian,
vehicle, equipment and roadway condition.
2. APPREHENSION - a police responsibility wherein the police are required action to prevent continued and
future violation.
3. PROSECUTION - it is a court function, the police also provides corresponding influence through
preparation and introduction of evidence or close contact with the prosecution office.
4. ADJUDICATION - it is court function, the police provides influence on this step by as a witness to the
prosecution by supplying additional evidence. It determines the guilt or innocence of the accused.
5. PENALIZATION - the imposition of penalty upon the accused. Penalty can be influenced by previous
records of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES


1. Increase safety level
2. Increase traffic efficiency
3. Ensure harmony and comfortable environment
4. Maximize safety

ACTIVITIES OF TRAFFIC LAW ENFORCEMENT


1. Preventive activities
2. Persuasive activities
3. Punitive activities

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM


1. Enforcement system
2. Road user system
3. Traffic system

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

CHARACTERISTIC OF TRAFFIC LAWS


1. Laws are developed from experiences of the public over the years.
2. Laws reflect beliefs, behavior and standards agreed upon by society.

VIOLATIONS
- those act and omissions against traffic laws

CLASSIFICATION OF VIOLATION
1. Hazardous traffic violations that cause danger to road users. Unsafe behavior and unsafe conditions are
the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of roads.

REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS


1. Physical infirmities
2. Ignorance
3. Mental disorder
4. Lack of training
5. Wrong attitude
6. Habitual violators
7. PUV drivers are aiming for more compensation

POLICE TRAFFIC ENFORCEMENT ACTIONS


- these include arrest and citation of any person
Quest Review Center – Crime Detection and Investigation 15
PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation
3. Discourage future violation

KINDS OF ENFORCEMENT ACTIONS


1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a) the offense is serious;
b) detection is needed to avoid continued violation; and
c) there is reasonable doubt that violators may not appear in court.

2. Traffic citation - made to compel violators to appear in court in absence of arrest.


3. Traffic warning - an act reminding the driver of his violation in order for him to not do it again. No arrest or
citation is made.

TYPES OF WARNING
1. Visual warning - using gestures and signals.
2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of two preceding types with written note of citation.
TRAFFIC PATROL
- part of traffic supervision by patrolling to ensure public obedience

OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public

TYPES OF PATROL
1. Line patrol- it is assigned to a particular place
2. Area patrol- type of patrol assigned to an area of vicinity

TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place
2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. concealed traffic observation - observer is not visible to the public

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT


1. Decision - nature of violation
2. Pursuit technique
3. Safety driving technique

STOPPING AND APPROACHING TRAFFIC VIOLATORS


1. It must be done with consideration to safety of both parties engaging
2. Upon approaching officer must be from the left side from the rear, be alert

TRAFFIC ROAD CHECK


- It is done to inspect the following:
1. Faulty vehicle equipment
2. Registration and licensing procedure
3. Intoxication or cargo check

TYPES OF TRAFFIC CHECK


1. Faulty vehicle
2. Officer directing road check

CONSIDERATION IN ROAD CHECK


1. Minimum delay to motorist
2. Thorough checking procedure
3. Protection and safety of parties involved
4. Timing and location and frequency

OBJECTIVE IN DEALING WITH VIOLATORS


1. Immediate objective- to act against the person
2. Ultimate objective- to change the future of a person

POINTS TO REMEMBER
1. Violators are diversified
2. Conflicts arises in violators
Quest Review Center – Crime Detection and Investigation 16
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected

TRAFFIC SUPERVISION, DIRECTION AND CONTROL


- an act of overseeing the traffic to keep order on street and highways within existing laws

POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:


1. Accident scene
2. Emergencies
3. Planned and special events
4. Regular points and integration control
5. Directing pedestrian movement

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING PLACES:


1. Not signalized intersection
2. Signalized intersection
3. Between intersection

SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable degree

POLICE TRAFFIC DIRECTION


- It involves telling the public how and when they should not stand and move

POINT/ AREA CONTROL


- It is the part of the traffic direction concerning the control of vehicular/ pedestrian movement

POLICE TRAFFIC ESCORT


- It involves mobile supervision of traffic movement, directing orally and visually are done to allow free and
safe movement of escorted vehicles.

TRAFFIC DIRECTION AND CONTROL


- It is the control direction of traffic units according to proportionate time to prevent traffic accident to maintain
smooth flow of traffic.

MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures

HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

WHISTLE SIGNAL
1. One long blast for STOP
2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture

B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased

Quest Review Center – Crime Detection and Investigation 17


C. GESTURE TO START TRAFFIC
- Stand sideways
- point your index finger toward the vehicle to start, hold it till he verified, swing your hand up to your chin
- drop and repeat the process at the opposite side
- Use it when they are slow or hesitant to move

D. RIGHT TURN GESTURES


- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign

E. LEFT TURN GESTURES


- Vehicles turn left from right, stop vehicle from right and direct vehicle to the left
- Left turn vehicle from your right, turn around and repeat the procedure above
- Street with one lane only
a. allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. semaphore signals may be used

F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL


1. Keep intersection open
2. Don’t allow motorist to cross without exit
3. Stop motorist at their lane
4. Prefer to stop the last moving vehicle

TRAFFIC JAM
- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic enforcer and road
construction.
PROCEDURES IN TRAFFIC JAM
1. Determine the cause
2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam

RESPONSIBILITIES OF TRAFFIC ENFORCER


1. Enforce the law without fear or favor and assist public when needed
2. In an intersection, remember the following:
a. personal safety of enforcer
b. policeman’s visibility
c. visibility of officers to traffic
d. non obstruction to traffic
e. ability to effect necessary control
3. Officer shall not leave his post during tour of duty without permission from higher authority. In case personal
necessity he should notify the station.
4. Respond immediately to emergency calls and notify the station
5. Be calm and control the temper even under provoking situation
6. He should be in proper uniform
7. In apprehending issue citation, and do it in one minute

PEDESTRIAN CONTROL

PROGRAM OF PEDESTRIAN ENFORCEMENT BASICALLY DEPENDS ON THE FOLLOWING:


1. Campaign
2. Guiding on the post
3. Warning ticket

DRUNKEN DRIVERS
- it is a driver who drives under the influence of alcohol with 10% of intoxicating level

FIELD SOBRIETY TEST


1. Walk on straight line
2. One foot balance
3. Reading
4. Spelling
5. Counting from 1 to 10
6. Video tape the movement
7. Photograph the unguarded movement

Quest Review Center – Crime Detection and Investigation 18


CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test

EVIDENCE AGAINST DRUNKEN DRIVERS


1. Drivers admission
2. Co-occupants testimony
3. Material witnesses testimony
4. Photograph of drunken driver
5. Video/ voice tape of driver
6. Officers testimony

LEGAL ACTION AGAINST DRIVER


1. Submit him to the nearest laboratory for testing
2. Impound the vehicle
3. Confiscate the license
4. Recommend the suspension of privilege
5. Sue him for violation
6. If acquitted recommend suspension of license

TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic demands.

FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective

APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING


1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN


- composition of traffic stream
- traffic volume and capacity
- origin and destination

II. FACTORS INFLUENCING DESIGN


- traffic composition
- traffic volume
- vehicle speed
- movement of traffic
- performance value

III. REGULATION AND CONTROL


a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- lateral placement
- pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- one way regulation
- speed control

Quest Review Center – Crime Detection and Investigation 19


- curb parking control
- turning regulation
- stop rule

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES
- Compel attention
- convey simple meaning at a glance
- allowing time for response
- command respect

2. FUNDAMENTAL TRAITS
- design and outward aspect
- position and placement
- maintenance and condition, appearance and visibility

3. TYPES OF TRAFFIC CONTROL DEVICE


- traffic or road sign
- pavement markings
- traffic light
- traffic island

FUNCTIONAL CLASSIFICATION OF TRAFFIC CONTROL DEVICES


1. Regulatory devices
2. Warning devices
3. Guiding devices

AIMS OF SIGNAL CONTROL


1. Reduce traffic conflict and delay
2. Reduce accident
3. Economize police time

ADVANTAGES OF SIGNAL INSTALLATION


1. Made for well ordered movement
2. Reduce accident frequency
3. Provide means of interpreting heavy traffic
4. Economical over manual control at intersection
5. Coordinating in providing continuous flow of traffic
6. Increase traffic capacity

CLASSES OF TRAFFIC SIGNS

a. DANGER WARNING SIGNS


b. REGULATING SIGNS
- priority signs
- prohibitory signs
- mandatory signs
c. INFORMATIVE SIGNS
- advance sign
- place identification sign
- confirmatory sign

PRINCIPLES OF SIGNS
1. Red triangle connotes hazard
2. Red ring with diagonal line connotes prohibition
3. Blue/ green provides information
4. Signs on blue disc give positive instruction

INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign
3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching danger zone

TRAFFIC LIGHTS
1. Red- stop
2. Amber- slowdown
3. Green- go

Quest Review Center – Crime Detection and Investigation 20


PAVEMENT MARKINGS
1. Arrows point to direction
2. Straight lines means no overtaking
3. Broken lines means overtaking is allowed

ROAD CLASSIFICATION

ACCORDING TO POLITICAL SUBDIVISION


1. National road- right of way 20 to 120 meters
2. Provincial road- link between to municipalities, 15 to 60 meters
3. City road- interlink in the city, 15 meters
4. Municipal road- within town proper 10 meters
5. Barangay road- from market to town 2 meters

ACCORDING TO TOPOGRAPHICAL TERRAIN


1. Flat road
2. Zigzag
3. Steep hill
4. Down hill
5. Winding road
6. Mountainous road
7. Roller coaster road

FUNCTIONAL CLASSIFICATION OF ROADWAY


1. VEHICLES PASSES SAFELY ON
- climb lane
- overtaking lane
- acceleration lane
- turning lane
2. PART OF THE ROAD USED FOR:
a. standing lane
b. stopping lane
c. Bus stop

SIDEWALK
- it is the portion of the road that answers the safety of pedestrians

ACCIDENT
- that occurrence in a sequence of events which usually produces unintended injury, death or property
damage

TRAFFIC ACCIDENT
- an accident involving travel transportation on a traffic way

MOTOR VEHICLE ACCIDENT


- event resulting in unintended injury or property damage attributable directly or indirectly to the action of a
motor vehicle or its load

KINDS OF TRAFFIC ACCIDENTS


In the investigation of traffic accidents, it is imperative for the traffic investigator to know the kinds of
accidents occurred in order to map out the necessary activities to be done when responding and investigating.

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT


- refers to any accident occurring on a traffic way involving persons using the traffic way or travel or
transportation, but not involving a motor vehicle in motion (ex. Pedestrian and a cyclist in a traffic way)
2. MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- any motor vehicle accident which occurs entirely in any place other than a traffic way (ex. Accident on a
private driveway)

3. MOTOR VEHICLE TRAFFIC ACCIDENT


- any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles on a highway)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT


1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the usual or unexpected
movement or condition that could be taken as a sign of an accident about to happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to escape from a collision course
or otherwise avoid a hazard
3. INITIAL CONTACT – the first accidental touching of an object collision course or otherwise avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision; the force between the
traffic unit and the object collided with are greatest at maximum engagement
5. DISENGAGEMENT – it is the separation of a traffic unit in motion from an object with which it has collided;
the force between the object ceases at this time
Quest Review Center – Crime Detection and Investigation 21
6. STOPPING – this is when the traffic units involved come to rest; it usually stabilizes the accident situation
7. INJURY – it is receiving bodily harm; this event does not necessarily occur after the accident but within any
of the chain of events; it may also happen right after the evasive action taken by the drivers involved or
during the initial contact

STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION

STEP 1. UPON LEARNING THE INCIDENT CHECK THE FOLLOWING


1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened

STEP 2. WHEN EMERGENCY UNDER CONTROL


1. Preliminary question to driver
- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
- lights
- gear position
- mark the position of vehicle
- look for the unusual things inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed

STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE


1. Make a test skid
2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- vehicle damages
- view obstruction
- present condition
- control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio

STEP 4. AFTER LEAVING THE SCENE


1. Get the medical report
2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators’ report
7. Reconstruct the accident
8. Complete the investigation and file it

STEP 5. IF THE CASE GOES TO COURT


1. Seek the desire of the prosecutor to strengthen the case.
2. Return to the scene of the incident to gather additional data
3. Make a pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

IN CASE OF INJURIES:
1. Stop arterial bleeding
2. Ask for help
3. Protect the wound for exposure
4. Cordon the place
CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY
1. Fatal
Quest Review Center – Crime Detection and Investigation 22
2. non fatal
3. Property damage

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT


1. Running off road
2. Non-collision on road
- overturning
3. Collision on road of vehicles with the ff:
- pedestrian
- moving vehicle
- parked vehicle
- bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT


A. SIMULTANEOUS FACTORS
- Road condition
- Driver’s attitude
- Weather condition
B. SEQUENTIAL FACTORS
- Unsafe greater speed
- Defective vehicle
C. OPERATIONAL FACTOR
- Road hazard
- driver’s non compliance
D. PERCEPTION FACTOR
- driver’s inability to react
- driver’s faulty action to escape

HIT AND RUN INVESTIGATION


- This applies to drivers who failed to stop at a road accident

LEGAL CASES TO BE FILED:


1. Abandonment of one’s victim
2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of section 55 of RA 4136
7. Civil liability

COMMON NATURE OF HIT-AND-RUN


1. Ran over pedestrian
2. Sideswiped pedestrian
3. Collided with moving vehicle while overtaking
4. Collided with moving vehicle while overtaking on opposite direction
5. Damaged parked vehicle
6. Crushed police road block
7. Bumped by stray animal

INVESTIGATING FOR UNKNOWN FACTS


1. Victims identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION


1. Send the corpse to laboratory after investigating
2. Obtain fingerprint and other specimen and send it to laboratory
3. Splintered glass can be a lead
4. Broken headlamp manifest a run over
5. Paints might stick at victim belonging
6. Don’t forget to bring paper and pencil for initial note taking

EXAMINATION OF RECOVERED VEHICLE


1. Recover physical evidence immediately
2. Measure the vehicle
3. Photograph the vehicle, debris and chipped off part
4. Check the interior of the car for driver’s identity

Quest Review Center – Crime Detection and Investigation 23


INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION
1. Motor vehicle certified registration
2. Repair shop
3. Department records

DOCUMENTS TO BE FILED IN CASE OF DEATH


1. Referral slip
2. Arrest report
3. Traffic accident report (TAIC)
4. Affidavit of parties involved
5. Witness’ statement
6. Photograph

DOCUMENTS TO BE FILED IN CASE OF INJURY


1. Memorandum of preliminary investigation
2. TAIC
3. Estimated amount of damage, it is made by authorized repair shop
4. Affidavit of parties involve
5. Witness statement
6. photograph

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT INVESTIGATION


1. MOTOR VEHICLE – any device which is self-propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated upon rails
2. KEY EVENT – an event on the road which characterizes the manner of occurrence of a motor vehicle
traffic accident
3. DEBRIS – the scattered broken parts of vehicles, rubbish, dust and other materials left at the scene of the
accident caused by a collision
4. SKID MARKS – these are marks left on the roadway by tires which are not free to rotate, usually because
brakes are applied strongly and the wheels locked
5. TRAFFIC UNIT – any person using a traffic way for travel, parking or other purposes as a pedestrian or
driver, including any vehicle, or animal.
6. HAZARD - a hazard is generated when a critical space-motion relationships between a traffic unit and
another object develops due to the movement of either or both (ex. A curve in the path is a hazard; another
traffic unit in the path is a hazard.)
7. SAFE SPEED – the speed adjusted to the potential or possible hazards or the road and traffic situation
ahead; safe speed on the road is determined by the road rather than the particular driver of a vehicle (ex. A
curve ahead is a hazard and a safe speed for it is a speed at which it can be taken comfortably
8. STRATEGY – the adjusting of speed, position on the road, and direction of motion, giving signals of intent
to turn or slow down, or any other action in situations involving potential hazards
9. TACTIC – any action taken by the traffic unit to avoid hazardous situations like steering, braking or
accelerating to avoid collision or other accident.
10. IMPACT – the striking of one body against another or a collision of a motor vehicle with another motor
vehicle.
11. CONTACT DAMAGE – damage to a vehicle resulting from direct pressure of some foreign object in a
collision or roll over; it is usually indicated by striations, rub-off of material or puncture.
12. FACTOR – any circumstance contributing to a result without which the result could not have occurred or it
is an element necessary to produce the result, but not by itself sufficient.
13. PRIMARY CAUSE – a misnomer loosely applied to the most obvious or easily explained factor in the
cause of an accident or the most easily modified condition factor.
14. CAUSE – the combination of simultaneous and sequential factors without any one of which result could not
have occurred.
15. ATTRIBUTE – any inherent characteristics of a road, a vehicle, or a person that affects the probability of a
traffic accident.
16. MODIFIER – a circumstance that alters an attribute permanently or temporarily.

CDI 3: SPECIAL CRIME INVESTIGATION


Prepared by: PROF. FELINO “IDOL” AGUIT BRAGADO
Quest Review Center – Crime Detection and Investigation 24
A. CASES SUBJECT OF SPECIAL CRIME INVESTIGATION
1. Homicide (Generic term which includes murder, parricide, infanticide or death where the suicide is suspicious)
2. Sex Crimes
3. Robbery (Theft and Carnapping)
4. Arson
5. Swindling or Estafa cases
6. Bank Frauds
7. Kidnapping
8. Bombing
9. Falsification of Documents
10. Narcotics Control Investigation
11. Narcotics Death Investigation
12. Hit and Run Accident Investigation

Note: The cases discussed hereinafter are only those which by their nature are difficult or complex.

B. BASIC CRIMINAL INVESTIGATION

Preliminary Investigation - A Criminal Investigation begins as soon as the first police officer who
responds to a call for police assistance, or who discovers that a crime has been committed, arrives at the scene of
the crime. Looking for the criminal, identifying witnesses, and protecting evidence are all forms of investigative
action. This is usually referred to as the preliminary investigation.

At times, the preliminary investigation is all that is needed to able the police to arrest a suspect and to
assure prosecution. At other times, the crime maybe such a minor nature that the expenditure of police time and
effort beyond the preliminary investigation is unwarranted in the face of other, more pressing matters. In both of
these situations the investigative function ends at that point.

In many cases, however, further and detailed investigation is essential. This is almost always true when a
serious crime has been committed or when the identity of a suspect or his motive or means of committing the crime
are unknown. Such investigation is usually necessary not only to enable the police to make an arrest, act also to
avoid charges of improper procedure, or charges of not having examined all possible evidence, during the course
of a trial of the dependant and the guilt of some other person.

Defense attorneys are quick to point out defects and missing elements in the investigative process to call
for the acquittal of their clients on the grounds that the requirements of the law or the mandates of the courts have
not been complied with, or that a more thorough investigation might have prove the innocence.

When investigation beyond the preliminary stage is necessary a specially trained investigator is generally
called upon. The smaller police departments may not have such personnel and thus may assign investigations to
patrol officers or to superior officers. The difficulty and importance of the criminal investigation are such, however,
that specialist should be called upon whenever possible, even if this means seeking the assistance of other law
enforcement agencies.

Not only is a high degree of special knowledge and ability involved in detailed investigatory work, but the
average patrol officer lacks the time and the freedom of movement which is required for a full investigation, unless
he is permitted to abandon his patrol assignment.

The detailed investigation is often referred to as the follow-up investigation in order to differentiate it from
the preliminary investigation. It begins when the investigating officer arrives on the scene of the crime. It ends when
the investigator's superiors determine that further investigation is either unnecessary for prosecution or that it will
not produce additional information or evidence of value.

The follow-up Investigation - There are several initial steps which are common to almost all follow-up
investigations. This is not to suggest that all criminal investigations are conducted in the same manner, or even that
all investigations of a particular crime are conducted similarly. It does mean, however, that many years of
investigative experience have demonstrated the importance of certain basic investigative steps regardless of the
nature of the crime.

The great difficulty lies in determining the proper order of these steps. Crime scenes are usually
characterized by confusion, noise and great activity. By the time the assigned investigator arrives, these may be
numerous patrol officers, ambulances, and medical personnel, relatives of the victim, witnesses, news reporters,
and curious on-lookers on the scene.

The scene may be one of impending danger, of destroyed or damaged property, of individuals angrily
making and denying accusations, of extreme physical pain and personal grief, of dangerous ongoing searches for
the criminal, and of various other unsettling conditions which do not permit strict reliance upon some predetermined
sequence of investigative steps. Moreover, the crime scene may be in a rapid state of change, either because of
the people who are present, or because of weather and other natural factors. Information and evidence maybe
disappearing rapidly.

Quest Review Center – Crime Detection and Investigation 25


The investigator therefore, must not only be aware of the basic steps of the follow-up investigation, but he,
must also be able to recognize immediately which of these steps are necessary and which are not, and which must
be given priority over the others in any given case. This will depend on what has been done during the preliminary
investigation, on the nature of the crime, and on the crime-scene situation at the time of his arrival. These is no
substitute for good judgment and sound experience in choosing a course of action.

The follow-up investigation may be considered to consist of three phases: the activities performed by the
investigator on his arrival at the scene of the crime; the crime scene investigation; and subsequent actions.

Aiding the injured - The same rule applies with regard to persons injured during the commission of a
crime. The first police officer on the scene should have administered emergency first aid and request medical
assistance he necessary. If this has not been done for some reason the investigator must do so before proceeding
with his investigation. This can sometimes occur when there are many wounded people or when a deranged
person is keeping the first officer on the scene from helping the injured.

Protecting Evidence at the Crime Scene - The first police officer on the scene should also have secured
the crime scene to make certain that any existing physical evidence is not altered, or removed. Often however, the
officer is so busy with the crime scene area. Often, too, he is not fully aware of what constitutes physical evidence,
or how it can be altered by accidental or deliberate actions of the victim, witnesses, bystanders, and others. The
investigator must therefore assure that the entire scene is properly protected pending his own careful search for
evidence and the arrival of evidence technicians.

Arresting Suspects - The investigator's superior knowledge of the laws of arrest and of the meaning of
physical evidence, his greater experience in dealing with crime, and his ability to recognize known criminals may
enable him to take into custody a suspect who had not been arrested by the first police officer on the scene. He
should make the necessary arrest in such cases (following proper arrest procedures) in order to prevent tin suspect
from leaving the area before the completion of the investigation.

The investigator may arrest a suspect before he takes the above described step of assuring the prevention
of evidence if the delay might enable the suspect to escape. He should not to do so, however, before he has done
whatever is necessary to ascertain that the Crime committed will not cause injury or property loss nor before he has
aided any injured person. An exception is the case in which he has to make an arrest in order to be free to perform
these more important acts, as when he arrives while one person is still in the act of assaulting another.

UPON ARRIVAL
Protecting the Public: The investigator must be certain that the crime which he is investigating is not itself the
cause of more crime or of accidents which will cause additional injury or property damage. In many cases the
officer who first responded to the call for police assistance will have taken any necessary action. If he has not, the
investigator must do so.

Thus, the investigator assigned to investigate a fire set by an arsonist who would first have to do anything
he is asked to do by the other officer in charge to prevent looting or interference with fire-fighters, even though his
investigation could have begun immediately upon his arrival. Similarly, he would have to remove a car that is
standing where it is likely to be struck by other vehicles, even if moving it might impair the investigation. The
fundamental rule is that, for police officers, the protection of people and property has a higher priority than does the
apprehension of criminals.

Aiding the Injured: The same rule applies with regard to persons injured during the commission of a crime. The
first police officer on the scene should have administered emergency first aid and request medical assistance if
necessary. if this has not been done for some reason , the investigator must to so before proceeding with his
investigation. this can sometimes occur when there are many wounded people or when a derange person is
keeping the the first officer on the scene from helping the injured.

Protecting Evidence at the crime Scene: The first police officer on the scene should also have secured the crime
scene to make certain that any existing physical evidence is not altered, or removed. Often, however, the officer is
so busy with crime scene area. Often, too, he is not fully aware of what constitutes physical evidence, or how it can
be altered by accidental or deliberate actions of the victim, witnesses, bystanders, and others. The investigators
must therefore assure that the entire scene is properly protected pending his own careful search for evidence and
the arrival of evidence technicians.

Arresting Suspects: The investigator's superior knowledge of the laws of arrest and of the meaning of physical
evidence, his greater experience in dealing with crime, and his ability to recognize known criminals may enable him
to take into custody a suspect who had not been arrested by the first police officer on the scene. He should make
the necessary arrest in such cases (following proper arrest procedures) in order to prevent the suspect from leaving
the area before the completion of the investigation. The investigator may arrest a suspect before he takes the
above described step of assuring the prevention of evidence if the delay might enable the suspect to escape. He
should not to do so, however, before he has done whatever is necessary to ascertain that the crime committed will
not cause injury or property loss nor before he has aided any injured person. An exception is the case in which he
has to make an arrest in order to be free to perform these more important acts, as when he arrives while one
person is still in the act of assaulting another.

Quest Review Center – Crime Detection and Investigation 26


Obtaining a Preliminary Report: After the investigator has prevented further damage, or injury, aided the injured,
protected the crime scene, and arrested any suspects who must be taken into custody immediately. He should turn
to the officer who had proceeded him to the scene in response to a call for police assistance.

"The responding officer" may be able to make his "preliminary report" while the investigator is performing the
initial steps. This is particularly desirable, if an arrest had been made by the responding officer or if a pursuit has
been initiated to apprehend a person suspected for the commission of a crime.

A. HOMICIDE INVESTIGATION
1. THE THREE BRIDES IN HOMICIDE INVESTIGATION WHICH SHALL NOT BE CROSSED
A. The first bridges is that the dead body has been moved.
B. The second bridge is when the cadaver has been embalmed.
C. The third bridge is when the dead person is burned or cremated.

2. AUTOPSY defined - It is process by which the pathologist or the medico-legal officer conducts an examination
on the cadaver to determine the exact cause of death. Autopsy should be performed at once when there is the
slightest reason to suspect the probability of homicide.

3. AUTOPSY DISTINGUISHED FROM POST MORTEM EXAMINATION


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

4. AUTOPSY OR NECROPSY REPORT - It is the medical document or report stating the cause of the death of the
victim.

5. THE DEFINITION OF DEATH IN THE MEDICAL SCIENCE When any of the three vital body functions is no
longer performing:
A. Respiratory system
B. Cardiac activity
C. Central nervous system

6. THE THREE SIGNS OF PRESUMPTIVE DEATH


A. Cessation of breathing or respiratory movement
B. Cessation of heart sounds
C. Loss of flushing on nails beds when pressure a released.

7. SUSPENDED ANIMATION defined - It is a condition in which the cardiac activity, breathing and functioning of
the nervous system may be deceived into an assumption of death.

8. CONDITIONS WHICH PRODUCE SIMULATED APPEARANCE OF DEATH


A. Electric Shock
B. Prolonged Immersion in water
C. Poisoning from narcotics drugs
D. Barbiturate poisoning
E. Certain mental illness

9. METHOD OF IDENTIFYING THE DECEASED


A. Fingerprint
B. Skeletal studies by an Anthropologist
C. Visual inspection
D. Personal Effects
E. Tattoo marks
F. Dental Evidence by the forensic Odontologist
G. Clothing's
H. Photograph

10. COMMON FORMS OF EXTERNAL VIOLENCE


A. CONTUSION - an injury found in the substance of the skin discoloration of the surface due to extravasations of
blood caused by the application of a blunt instrument.
B. ABRASION - injury characterized by removal of the specific epithelial layer of the skin brought about by friction
against a hard rough surface.
C. HEMATOMA - extravasation of blood in the newly formed cavity known as blood tumor caused by blunt
instrument
D. INCISED WOUND - produced by sharp-edged instrument like bolo, knife, broken glass, etc.
E. STAB WOUND - forcible application of a sharp pointed with sharp edges.
F. PUNCTURED WOUND - produced by sharp pointed instrument
G. LACERATED WOUND - tearing of the skin due to forcible contact with a blunt instrument, which the edges are
irregular.

11. BULLET WOUND - caused by bullets, which are discharge from a firearm.
The two types of bullet wound are: a. Entrance wound
b. Exit wound

Quest Review Center – Crime Detection and Investigation 27


12. FACTORS THAT AFFECT ENTRANCE WOUND
a. Distance of the discharge of firearm
b. The nature or type of the firearm
c. The nature and amount of the gunpowder
d. The affected part of the body

13. THE EVIDENCE OF SUICIDAL GUNSHOT WOUND


A. A near-contact fire, evidenced by burning or tattooing around the wound.
B. Presence of one gunshot wound
C. Body part involved is accessible to the dexterous hand.
D. Presence of suicide note
E. Wounding firearm is tightly held (cadaveric spasm)

14. EVIDENCE OF ACCIDENTAL SHOOTING


A. usually one shot
B. No special area of the body is involved
C. Testimonies of witnesses.

15. EVIDENCE OF HOMOCIDAL GUNSHOT WOUND


A. Site of the entrance wound has no point of election
B. Discharge of firearm is made when victim is some distance away.
C. Sign of struggle may be present
D. Sings of disturbance in the surroundings maybe present.

16. TERMS CONNECTED WITH HOMOCIDE


A. HOMOCIDE - The killing of a human being by another human being
B. PARRACIDE - The killing of a person to whom he is related such as parent, grandparent, legal wife, or child or
grandchild.
C. INFANTICIDE - The killing of a child less than three years old
D. MURDER - The killing of a person attended by any of the qualifying circumtances.
E. ABORTION - The killing of the fetus
F. SUICIDE - Taking one's own life intentionally and voluntarily
G. ABORTICIDE - The killing of the fetus inside the womb which is called ABORTION
H. EUTHANASIA - Mercy killing or painless death of a person suffering from incurable disease to cut short his
suffering. This is murder with the qualifying aggravating circumtances of treachery.

17. ESTIMATES OF TIME OF DEATH

A. ALCOR MORTIS (BODY COOLING)


(1) GENERAL RULE - 1.5 degrees F loss per hour when room temperature is about 70 F. Dr. Simpson estimate
2.5 degrees an hour for the first 6 hours, an average of 1.5 to 2.0 degrees F over the first to five hours. Drs.
Rhodes, Gandon and Turner - 1.5 degrees loss for the first 12 hours and 1 degree for the next 12 to 18 hours.
2) FACTORS OF COOLING - Body temperature at the time of death, body size (fat slower; child - faster) clothing
or covering; environmental temperature (wind and high humidity increase evaporation of water and hasten cooling)
emersion in water (good conductor).

B. RIGOR MORTIS - (Stiffening of muscle tissues) General rates averages clothed adult, observable in the small
muscles first. Detected within 2-4 hours, completed within 6-12 hours.

C. LIVOR MORTIS or POST MORTEM LIVIDITY - It is the blood inside the cadaver which settles down on the
body part nearest the ground and clots due to the action of gravity. It forms a deep brown or black discoloration on
the skin. If the dead brown or black is resting on its back the livor mortis or post mortem lividity will form at the back,
so with other parts of the body depending upon the position at the time of death.
(1) RATE - Visible in 1/2 to 4 hours; well-developed.
Body- 3-4 hours: maximum - 8-12 hours.
(2) FACTORS - Circulatory failure (stagnation; skin livid less marked; Carbon monoxide poisoning; Cyanide
poisoning; Case of rapid cooling (waters). Tradieu's spot Petechiate( over congestion of blood in capillaries).

18. CADAVERIC SPASM defined - The stiffening of the tissues occurs immediate after death. This happens when
there is severe injury to the central nervous system or when these is great tension at the moment of death. The
body becomes stiff and the hand may be found clutching the weapon tightly, thus the presumption of suicide.
Ordinarily, the hand relaxes after death and the weapon falls away. If the weapon is subsequently placed in the
hands of a dead person, it will be there loosely. It is not possible to force the hand to grasp the weapon tightly. This
is very relevant in investigating armed encounters or in violent unlawful aggression.

19. PRESIPITEN TEST - A chemical process to determine whether a blood is of human or animal origin.

20. DEFENSE WOUNDS - those wounds founds on the forearms or of a person living or dead. These wounds are
inflicted while the victim instinctively raises his arms sun protect himself during the attack.

Quest Review Center – Crime Detection and Investigation 28


21. EXHUMATION defined - It is simply defined as the bringing out from the grave the remains of a dead person
for purposes of mediolegal re-examination.

22. ASPHYXIA defined - It is a cause of death either by strangulation, immersion or blocking the air passage in the
body of a person, which will cause his death.

23. DYING DECLARATION OR ANTE MORTEM STATEMENT


QUESTIONS TO BE ASKED ON THE DYING PERSON:
A. What is your name, address and other personal circumstances?
B. Do you believe that you are about to die?
C. Do you have any hope of recovery from your injuries?
D. Tell me how you were injured.
E. Tell me the name and description of the person who injured you.
F. Do you swear to the truth of your statement?

B. SEX CRIMES
1. CONCEPTS ABOUT SEX CRIMES
A. It is triggered by emotions. A person who commits a sex crime has lost control of his emotions. It is a not
something you can set out and analyze. It hiya compulsion coming within offender.
B. Gratification of the sex urge is often done in strange and morbid methods. It involves an addiction. Sex is a
normal human need, hence, this must be considered in the investigation of the sex crime.

2. THE CATEGORIES OF PECULIAR WAYS OF PEN OFFENDERS


A. FETISHISM - objects convulsively used in attaining sexual gratification.
B. SYMBOLISM - the -representation of things by the use of symbols especially in the art or literature such as
systems of symbols and symbolic meanings; and a group of symbolist as in the art or literature.
C. RITUALISM - sex offenders of this category use the same approach or pretext all the time. This will help in
solving serial rapes by analyzing the peculiar rituals used.
D. SEX FANTASY OR DREAM WORLD - The sex FANTASY overcome the offender who puts his dreams to
reality to see he will feel even better and its importance to him.
E. SADISM - prior acts of cruelty before the sex encounter brings climatic sexual satisfaction.
F. MASOCHISM - sexual satisfaction is gained by being humiliated, hurt or beaten before the sexual act.
G. SADO- MASOCHISM - inflicts injury and at the same time enjoys having injury inflicted upon in preceding the
sexual act.
H. VOYEURISM - A sexual gratification by looking at nude person Peeping Toms are included in this category.
I. SATYRISM - An abnormal over-sexual activity on the part of the man. The abnormal sexual offender is called
satyr, which was derived from the Greek Mythology of a half-man half-goat animal who could impregnate fifty
female goats a day.
J. NYMPHOMANIA - the compulsive and uncontrollable feeling of woman to over indulge in sexual activity. The
woman is called nypmphomaniac.
K. NECROMANIA OR NECROPHILIA - sexual gratification on a dead person or love towards a dead person.
Person.
L. PEDOPHILIA - sexual gratification where the victims are children. The person afflicted with this sexual
perversion is the pedophile.

3. OTHER TERMS CONNECTED WITH SEX CRIMES


A. SODOMY - sexual intercourse thru the anus or anal sex.
B. ORAL SEX - sexual perversion where gratification is thru the mouth.
C. BESTIALITY - sex gratification is thru sexual intercourse with animals like pets such as dogs, cats, etc.
D. IMPOTENCY - the failure to have erection of the male organ.
E. STERILITY - the failure to procreate or produce offspring. A man may not be impotent but sterile and vice versa.
A woman is never called impotent but maybe sterile.

4. VIRGINITY - It is the condition of a woman where the hymen of her vagina is still intact or unruptured. It does not
mean that when the hymen is intact, there is no case of rape. The mere touching of the labia majora (major lips) of
the pudendum (vagina) by the male organ is considered as consummated rape because there is a slight
penetration. Virginity is not an element in the crime of rape because even the prostitute who is veteran of many
foreign warp could be a complainant.

Virginity is not only lost thru sexual intercourse but by bicycle riding or other strenuous physical exertion on
the part of the woman, or the insertion of an object while in the act of masturbation.

5. RA 8353 (Anti -Rape Law of 1997)


A. Rape now is classified as crime against persons. Previously, it is a crime against chastity. Thus, there is now an
impossible crime of rape. Raping a dead person believed to be alive by the offender is impossible crime of rape.
B. Rape could be committee on male person.
C. Martial rape could also now be committed by the husband.
D. The insertion of the remission or objects into the mouth, genitals or anal orifice of another person with carnal
knowledge is rape.

Quest Review Center – Crime Detection and Investigation 29


6. STATUTORY RAPE - when the victim of rape is twelve years of age and below, it is statutory rape. The reason
for this is that even if the child consented to the sexual intercourse, her consent is not valid because her age, she
could not give a valid consent.

EVIDENCE IN THE INVESTIGATION OF RAPE


1. Panty or other clothing of the victim
2. Physical examination of the victim to determine signs of force such as injuries or the presence of seminal fluids
inside her organ.
3. Detached public hairs of the victim and suspect.
4. Physical examination of the suspect and the examination news clothing.
5. Relevant matters at the scene of the crime
6. Testimonies of witnesses if there is any.
7. Written complaint of the victim.

C. NARCOTICS DEATH INVESTIGATION


1. THE THREE PHASES OF NARCOTICS DEATH INVESTIGATION
a. The scene of death investigation
b. The medical examination
c. The toxicological investgation

2. DEATH DUE TO NARCOTICS - A common occurrence in the use of prohibited drugs is the death of the user.
The investigation should determine the manner of death which is either homicide, suicide or accidental. A thorough
investigation at the scene helps the medical examiner in determining the cause of death.

THE PSYCHOLOGICAL SYMPTOMS OF USE OF DRUGS


A. Poison - symptoms, signs, causes of death.
B. Codeine - nausea or vomiting, dizziness, constipation (500mg) and respiratory failure.
C. Heroine and Morphine - sweating, loss of appetite, nausea, constriction, itching thirst, cyanosis.
D. Barbiturates - lower body temperature, cyanosis, skin rashes, constipation, and cold extremities (1.6 g)
E. Cocaine - nausea, vomiting, chills, sweating, thrist, convulsion, (500 mg) circulatory and respiratory failures.
F. Amphetamine - diarrhea, constipation, nausea, vomiting, cramps, chills, sweating, thrist, convulsion, petechial
hemorrhage.

4. BODY SIGNS
A. Cyanosis - bluish discoloration of the face or finger nails due to insufficient oxygen on the blood caused bi
increased carbon dioxide in the body.
B. Petechial Hemorrhage - pin point spots of discoloration as a result of the capillary reptures due to pressure and
generally observed in the eyes, eyelids, behind the ears and internally.
C. Formation of froth - observed in mouth and nose, maybe white or pinkish and caused by fluids entering the air
passage.
D. Hematoma - a localized swelling on any part of the body caused by bleeding beneath the surface o the skin.
This is caused by skin "popping" rather than by vein injections.
E. Needle Marks and Tracks - visual evidence of intravenous injections. The tracks will follow the vein and results
in a dark discolaration and eventual collapse of the vein.
F. Scar - skin marks caused by the victim in removing needle marks, scrabs, which adds to the unsanitary
conditions of the victim.
G. Rashes/Scratch Skin - external body signs due to the use of morphine or heroine poisoning.

5. SCENE OF DEATH - The investigator should carefully take note of the following relevant items in his
investigation:
a. Paraphernallia - used in the administration of drugs such as syngrine, needle, tooter, tin foils, heaters,
tourniquet, spoon or bottle top, 'cookies', small balls of cotton, capsules, envelops, matches, etc.
b. Narcotics medication - laudenum, paregoric, codeine, cough syrup, all utilized as carry over's until the
next use in the drug.
c. Maalox, or Milk of Magnesia - medication used to relieved nausea, vomiting, constipation, cramps and
diarrhea.
d. Absence of nutritional food - loss of appetite is a symptom of poisoning. Presence of candy or softdrinks
indicates low insulin count.
e. Body fluids - presence of urine, feces, or vomits at the scene maybe evidence of the body attempting to
rid the poisoned organs.
f. Clothing or bed linen - sweat stained, soaking of from the victim having hot and cold flashes.
g. Lack of ordinary cleanliness - drug dependent is not concerned with health problems due to neglect.
h. Wet body - evidence of body being immersed in bath tub or shower or having cracked ice placed under
clothes or private parts. This is an attempt to relieve the overdose.
i. Nylon stocking - stretched over a hanger used as sieve or strainer.
j. Playing cards - with the powder form of drugs such as cocaine or morphine, it is used to scoop the drug
for sniffing.
k. Merchandise - portable items easy to be disposed off, which maybe stolen and easy to seli.

D. THEFT AND ROBBERY INVESTIGATION

Quest Review Center – Crime Detection and Investigation 30


1. TWO TYPES OF ROBBERY
A. Force upon things as means of entry to the house or building; and
B. Intimadation or violence upon persons.

2. FORCE UPON THINGS


A. As means of entry, a locked door is broken or forced open. A closed nut unlocked door is not a locked door.
B. Thru an opening which might be not locked but which is not intended or designed for entry. If a robber enters a
building thru the open or locked window where he takes personal properties inside, it is robbery;
C. If the door is open or closed but not locked, and once inside breaks open locked drawers, aparadors, wardrobes,
safes where personal properties are taken, it is robbery.
D. If the door is open and used as entry and while inside, the robbery brings out receptables such as aparadors,
drawers, wardrobes, safes and other forms of receptacles and while outside breaks open these receptacles where
personal properties are taken it is robbery.
E. The use of picklocks to open locked doors or locked receptacles inside and personal properties are taken, it is
robbery. Genuine keys stolen from the owner are considered picklocks.
F. The mere possession of picklocks is punishable under the Revised Penal Code.

3. VIOLENCE OR INTIMIDATION UPON A PERSON


A. Hold-ups are included in this category.
B. Snatching or handbangs or jewelries are considered under this category. If the victim puts resistance and
violence is applied by the robber on his person;
C. The violence or intimidation is directed against the person who is the owner of the personal property or his
caretakers or guards.
D. Poking a gun or other deadly weapon on the victim to divest his personal property are some forms of
intimidation; if the injuries of the victim are of slight in character, it is absorbed as a form of violence. But if the
injuries are of less serious or serious in character, it is a complex crime of Roberry with Physical Injuries.
E. If death results due to robbery with violence or intimidation of persons, a complex crime of Robbery with
Homicide is commited, irrespective whether tge death occurs among the robbers. Heart attack or stroke as a
consequence of the robbery is still Robbery with Homicide;
F. If on the occasion of the robbery, rape is committed the crime is Robbery with Rape.
G. If on the occasion of the robbery, homicide and rape were committed, the proper complex crime is Robbery with
Homocide. The rape is considered aggravating circumtances.

4. THEFT - Personal properties are taken without the consent of knowledge of the owner.
A. Pickpockets, simple snatching and other forms are included in this classification.
B. Theft inside a house or a building where entry is thru an open closed door but unlocked, this is theft;
C. Breaking the glass panes of a show window and extending an arm to get the valuables inside is theft as the
force upon things is not used as means of entry. If the one who breaks the glass pane bodily entered the show
window, it would be robbery with force upon things.
D. Ordering someone to deposit or withdraw money from the bank by giving the bank book and signed deposit or
withdraw slips and that someone absconded the money, it is theft.
E. Entrusting a piece of jewelry to be sold on commission basis and the agent failed to remit the price or return the
property unsold, the case is not Theft but Estafa.
F. In theft, there is only material transfer to the property but in Estafa, there is a juridical transfer of the property.
Juridical transfer implies that the receiver of the property has the authority to dispose the same. In Theft there is
no such authority.
G. In the investigation of theft and robbery cases, there is the importance of the value of the property subject of the
offense, because the imposable penalty is based on the value.

E. CARNAPPING INVESTIGATION
1. THE ANTI CARNAPPING LAW - RA 6539
A. CARNAPPING defined - it is the law unlawful taking, with intent to gain, a motor vehicle belonging to another
without the letter's consent or by means of violence against or intimidation of person or using force upon things.

B. ELEMENTS OF CARNAPPING
(1) Unlawful taking
(2) Intent to gain
(3) Motor vehicle belonging to another
(4) Lack of owners consent
(5) By violence or intimidation against persons or force upon things.

C. DEFINITION OF A MOTOR VEHICLE (Sec. 2, RA 6539)


Motor vehicle is any vehicle propelled by means other than muscular power, using the public highways,
but excepting road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, foklifts,
amphibian trucks and cranes, if not used on public highways, also vehicle which run only on rails on tracks, tractors,
trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any numbers of
wheels, when propelled of intended to be propelled by attachments to any motor vehicle with no power rating.

D. MACRO ETCHING - It is the chemical process of determining the aunthenticity of the engine and chassis
numbers of a motor vehicle which is a requirement before a clearance is used for registration of newly transferred
vehicle from dealers, owners or buyers.

Quest Review Center – Crime Detection and Investigation 31


E. MICRO ETCHING - It is the chemical process of restoring erased or tampered engine and chassis numbers. The
process is by continuous application of strong acid on the suspected tampered or erased numbers.

2. HOW TO DETECT STOLEN VEHICLES


A. No license plate number
B. Sporting improvised plates
C. Spotting plates which are for specific vehicles like yellow plate attached to the private
D. Abandoned vehicles
E. Fake license plates or stickers
F. No sticker for the current year
G. Haphazardly painted
H. Plates do not correspond to the year or model of the vehicle

3. MODUS OPERANDI OF CARNAPPERS


a. Selection of car make or model which easily marketable due to high demand such as Honda, Pajero.
b. Collusion of carnappers with sales agents of car dealers who furnished a copied key and the address of
buyers.
c. Use of false key while parked unattended
d. Carnappers sporting as police officers who will check and confiscate purportedly carnapped vehicle.
e. By the use of firearms to intimidate or exact violence on the driver.
f. Going around early morning where they will drive away cars being washed and while the ignition key is on
the switch.
g. Waiting at the gate for the car to arrive or leave where carnappers use violence or intimidation to the driver.
h. Owner make a fictitious report of their vehicles being carnapped. The vehicle then is hidden stripped and
dismantle for sale to automotive parts outlets. Meantime, the insurance is collected.

F. ARSON INVESTIGATION
1. ELEMENTS OF ARSON
A. Actual burning took place
B. done with malicious intent
C. the burning is done by a person who is criminally and civility liable.

2. CONSUMMATED ARSON
A. The mere discoloration or scorching of wooden wall by fire is consummated arson.
B. if the scorching is on the concentrate wall where there is remote possibility of the fire to spread, it is attempted
arson.
C. The act to set fire with the preparation of inflammable material at the place to be burned is attempted arson.
D. There is no frustrated arson.

3. PRIMA FACIE EVIDENCE OF ARSON (PD 1613 and Art. 326 – B, RPC)
A. If the fire started simultaneously in more than one part of the building or establishments;
B. If substantial amounts of flammable substances or materials are stored within the building not necessary in the
business of the offender or for household use;
C. If after the fire, materials or substances soaked in inflammable or any mechanical, electrical, chemical or
electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found.
D. If the building or property is insured substantially more than its actual value at the time of the fire.
E. If during the lifetime of the corresponding fire insurance policy, more than two fires had occurred in the same or
other premises owned and under the control of the offender or insured;
F. If shortly before the fire, a substantial portion of the stocks insured and stored inside the building were withdrawn
not connected with the ordinary course of business;
G. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance
of the offender or for the safety of the person or property of the victim.

4. SPECIAL AGGRAVATING CIRCUMSTANCE IN ARSON (Sec. 4, PD 1613)


A. Committed with intent to gain
B. Committed for benefits of others
C. Offenders is motivated by spite, revenge or hatred towards the owner or occupant of the house;
D. Committed by a syndicate. A syndicate consists of three or more persons who planned and carried out crime

5. METHODS IN INCENDIARY FIRE


A. PLANTS AND TRAILERS – A preparation to set a fire is termed PLANT. It is designed to feed the fire as rapidly
as possible when the ignition device is lighted. A TRAILER can be compared with a wick that must cause fire not
only in one place but could conceivably create an instantaneous fire throughout an entire building.
B. COMBUSTIBLE MATERIALS AND SUBSTANCES – like gasoline, kerosene, alcohol, paints, thinner, varnish
and others.
C. MECHANICAL CONTRIVANCES – matches lighted cigarettes, candles, flares, etc.
D. GAS AND ELECTRICAL APPLIANCES – gas range, toasters, hot plates, iron, switches, soldering irons and
etc.
E. CHEMICAL CONTRIVANCES – acids, phosphorous, or calcium hypochlorite. – Contact with soda pop or cola
produces immediate chemical reaction and results to fire.

Quest Review Center – Crime Detection and Investigation 32


6. TYPES OF FIRE SETTERS
A. Arson for profit (insurance)
B. Solitary Fire Setters – they set fires secretly for revenge or spite. The reasons are low intellect, senility,
intoxication and psychological disorders. Included in this category are pyromaniacs, secretary guard who want to
be a hero, the teenager who will set fire to help the firearm, the lowest housewife who wants the husband to come
home at night, the psychotic fire setter and the sexual deviate who derives sexual gratification for seeing the fire.
C. Group Fire Setters – as a means of vandalism by teenagers or by peer pressure. Riot fires are also done by
groups as an outburst of violence, tension or social unrest as a result of mob rule. Political reasons.

7. HOW TO LOCATE THE ORIGIN OF FIRE


A. By witness – the first who discovered the fire
B. Low Point of Burning – the lowest point of burning should be given the outmost consideration in locating the
origin of the fire. Fire will normally burn upward. The hot gasses and carbon particles will continue to rise for any
period of time before the fire spreads downward.
C. Charring – the char will generally be deepest from where the fire originated. When the fire is extinguished
quickly, the charring is only slightly below the surface.

ALLIGATORING – fire burning for a longer period indicates a char pattern that is deep and pronounced. The
charring on the woods exactly looks like the hide of a black alligator. Fire extinguished quickly produces this
alligatoring patterns

8. COLOR OF SMOKE
A. Steam and smoke – presence of humid substances in contract with combustible materials.
B. White Smoke – indicates the presence of phosphorous.
C. Grayish smoke – caused by ashes and soot’s of loosely packed materials such as straw or hay.
D. Black Smoke – coming from a material with petroleum base such as rubber, tar, coals, turpentine or petrol gum
E. Reddish Brown or Yellow Smoke – presence of nitrates or substances compounded with nitrates acid,
plastics, films, or cellphones.

SCENE OF THE CRIME OPERATION (SOCO)


CREATION OF SOCO
1. RA 6975 as amended by RA 8551 (PNP Law) this law placed the PNP Crime Laboratory as an Operational
Support Unit. Formerly, under the PC / INP, the Crime Laboratory was an Administrative Support Unit. Because of
a new set up, the Crime Laboratory established the so – called Scene of the Crime Operation (S O C O) which is a
field operation.
2. The SOCO now conducts field operation funds. This is an innovation because the SOCO now gathers all
evidence all evidence at the scene of the crime and takes custody of them, marking and tagging them.
3. The evidence gathered by SOCO is analyzed scientifically at the respective laboratories in order that scientific
findings are reduced into laboratory reports for the criminal investigator in his case preparation.
4. The duty of the SOCO is to scientifically analyze physical evidence at the crime scene thru the expertise of their
laboratory technicians.
5. The SOCO has emerged as an independent operational unit.
6. The initial findings of the SOCO at the crime scene should be immediately given to the criminal investigator so
that he can intelligently and immediately facilitate the fast solution of the case. The criminal investigator could
immediately formulate the correct theory as path for the solution of the crime.

CDI 4: ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME INVESTIGATION (PRC)


1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;

Quest Review Center – Crime Detection and Investigation 33


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)

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
Quest Review Center – Crime Detection and Investigation 34
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.

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.

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.
Quest Review Center – Crime Detection and Investigation 35
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
Stock Fraud (Inside Trading)
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
- 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
Quest Review Center – Crime Detection and Investigation 36
- 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.
- 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.

Quest Review Center – Crime Detection and Investigation 37


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 are the highest valued commodities.

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

Quest Review Center – Crime Detection and Investigation 38


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.

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.

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:


Quest Review Center – Crime Detection and Investigation 39
- 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
- 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

Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
Quest Review Center – Crime Detection and Investigation 40
- 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 served in armed conflicts (UNICEF)

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 Phil.


- 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

Quest Review Center – Crime Detection and Investigation 41


Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
(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, forced 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 cyber crime 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
Quest Review Center – Crime Detection and Investigation 42
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.“
- Approved June 14, 2000

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

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
Quest Review Center – Crime Detection and Investigation 43
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 start with the number 4

- 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. It 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)

Quest Review Center – Crime Detection and Investigation 44


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.
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

Quest Review Center – Crime Detection and Investigation 45


- 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

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
- 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”
- 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.

Quest Review Center – Crime Detection and Investigation 46


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.

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
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

Quest Review Center – Crime Detection and Investigation 47


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

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

Quest Review Center – Crime Detection and Investigation 48


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 to commit terrorism.

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.

Quest Review Center – Crime Detection and Investigation 49


- 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”.

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. 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 :
a. Provide the widest possible range of assistance to other countries’ law enforcement and regulatory
authorities for terrorist financing investigations.
b. Impose anti-money laundering requirements on alternative remittance systems.
c. Strengthen customer identification requirements in international and domestic wire transfers.
d. 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”.

Quest Review Center – Crime Detection and Investigation 50


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.”

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
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.

Quest Review Center – Crime Detection and Investigation 51


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.

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:


Quest Review Center – Crime Detection and Investigation 52
- 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 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

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

Quest Review Center – Crime Detection and Investigation 53


- 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

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 boats in part or in whole.

CDI 5: DRUG EDUCATION and VICE CONTROL

Drugs

Quest Review Center – Crime Detection and Investigation 54


- Any chemically active substance rendering a specific effect on the central nervous system of man.
- A chemical substance that affects the functions of living cells and alters body or mind processes when taken into
the body or applied through the skin.
- Is a chemical substance that brings about physical, emotional or behavioral change in a person taking it.
- Any chemical substance, other than food, which is intended for used in the diagnosis, treatment, cure, mitigation
or prevention of disease or symptoms.
- The term drug derives from the 14th century French word drogue, which means a dry substance.

When are drugs harmful?


Any drug may be harmful when taken in:
- Excess;
- Dangerous combinations;
- By hypersensitive (allergic) person

Drug Abuse
- Is the overuse or consumption of drugs other than for medical reasons.
- Any non-medical use of drugs that cause physical, psychological, legal, economic, or social damage to the user
or to the people affected by the user’s behavior.
- Using drugs without prescription.
- Abuse of drugs and other substances can lead to physical and psychological dependence.

DRUGS COMMONLY ABUSED


1. STIMULANT
- Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying sleep, also
impale appetite and cause weight loss.

a) Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao

Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s cocaine”. 


Other names are Shabu, Ubas, Siopao, Sha and Ice. 

- Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste.

b) Cocaine – an agent that produces a temporary increase of the functional activity or efficiency of an
Organism or any of its parts.

Street names – Coke, Snow, Flake, Bow

Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America. This drug
affects the central nervous system as a stimulant.

-The name comes from "coca" and the alkaloid suffix -ine, forming cocaine. It is a stimulant, an appetite
suppressant, and a topical anesthetic. 

2. Opiates/Narcotic

- Group of drugs that are used medically to relieve pain, but have a high potential for abuse.

-In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural products in


the opium poppy plant, Papaver somniferum.

Narcotic – substance that lessens pain and/or induces stupor.

a). Opium – is the dried latex obtained from the opium poppy (Papaver somniferum). Opium contains up to
12% morphine, an alkaloid, which is frequently processed chemically to produce heroin. The latex also
includes codeine.

Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy seeds are
derived. Opium is the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine and noscapine. The Latin botanical name means the
"sleep-bringing poppy", referring to the sedative properties of some of these opiates.

b) Morphine – is a  potent opiate analgesic drug that is used to relieve severe pain. It was first isolated in
1804 by Friedrich Serturner, first distributed by him in 1817, and first commercially sold by Merck in 1827.

- It took its name from the Greek god of dreams Morpheus. 

-The most abundant alkaloid found in Opium, the dried sap (latex) derived from shallowly slicing the unripe
seedpods of the opium, or common and/or edible, poppy.
Quest Review Center – Crime Detection and Investigation 55
- Morphine can usually be found in tablet form, a syrup, injection or as a suppository form.

- Morphine is usually taken orally via a syrup, tablet or capsule, however, it can come in an injectable form.

C) Heroin – is processed from morphine, a naturally occurring substance extracted from the seed pod of
certain varieties of poppy plants.

It is typically sold as a white or brownish powder or as the black sticky substance known on the streets as
"black tar heroin”.

3. Hallucinogens
- Drugs that are derived from plants chemical substances which affects the perception, sensation, behavior
and produces hallucination on the user.

Marijuana - is the term used to describe all the plant material like leaves, tops, stems, flowers and roots
from a cannabis plant (Cannabis sativa), dried and prepared for smoking or taken orally as “brownies”.

-The mind altering component is the tetrahydrocannabinol; THC for short, which is concentrated in the
resin.

4. Depressants/Sedatives
- Drugs that have mild-calming or sleep-producing effect upon the central nervous system.
- e.g. Valium

5. Inhalants -  drugs whose volatile vapors are taken in via the nose and trachea.

- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener

OTHER DANGEROUS DRUGS

Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", "X-TC", "Adam", "Eden


Tablet", or by its any other name - refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form;

Sedatives - Sedative-hypnotics such as tranquilizers, sleeping pills, and sedatives are drugs, which
depress or slow down body functions. These drugs ca be dangerous when not taken according to
physician's instructions.

Ketamine - is an anesthetic that is abused for its hallucinogenic properties. Its predominant legitimate use
is as a veterinary anesthetic.

-can cause dream-like states and hallucinations. Users report sensations ranging from a pleasant feeling of
floating to being separated from their bodies. Some ketamine experiences involve a terrifying feeling of
almost complete sensory detachment that is likened to a near-death experience.

Amphetamines
-is a psychostimulant drug of the phenethylamine class that produces increased wakefulness and focus in
association with decreased fatigue and appetite.

– Drug that is stimulant to the central nervous system. It is colorless and maybe inhaled, injected or
swallowed. It may be used medically to treat depression, and obesity.

ROUTES OF DRUG ADMINISTRATION

1) Oral Ingestion
- Taken by the mouth and must pass through the stomach before being absorbed in the bloodstream.

2) Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the capillary system.

3) Injection
- Administered into the body by the use of a stringe or hypodhermic needle.

4) Snorting
- Inhalation through the nose of drugs in gaseous form.

5) Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips.

Quest Review Center – Crime Detection and Investigation 56


DEFINITION OF TERMS

DRUG
–Any substance that enters the human body and can change either the function or structure of the human
organism.

MEDICINES
– Drugs used in the diagnosis, cure, treatment, and prevention of disease or for the relief of pain or discomfort.

THREAPEUTICS
-Use of drugs in treating and preventing disease and in preserving health.

DRUG ABUSE
-Deliberate or unintentional continuous of mind changing chemical substances usually for reasons other than
legitimate medical purposes, that results in any degree of physical, mental.

ABSTINENCE
- Cessation of use of a psycho-active substance previously abused, or on which the user developed drug
dependence.

DRUG DEPENDENCE
-Term relates to physical or psychological dependence or both.
- Impaired control over drug-taking behavior is implied.

DRUG ADDICT
- Person who is physically dependent on one or more psycho-active substances, or whose long term use has
produce tolerance, who has lost control over his intake, and would manifest withdrawal symptoms if discontinuance
were to occur.

DRUG ADDICTION
-A chronic disorder characterized by the compulsive use of a substance resulting in physical, psychological, or
social harm to the user and continued use despite of that harm.

OVERDOSE
- The inadvertent of deliberate consumption of much larger doses that the habitually used by the individual in
question and resulting in serious toxic reaction or death.

POLY DRUG ABUSE


- Use of two or more psycho-active substance in quantities and with frequencies that cause the individual significant
physiological, psychological, or sociological distress or impairment.

REHABILITATION
-Restoration of an optimum state of health by medical, physical, psychological, social and peer group support for a
chemically dependent person and his significant others.

TOLERANCE
-Physiological adaptation to the effects of drugs so as diminish the effects with constant dosages or to maintain the
intensity and duration of effects through increased dosage.

TREATMENT
-Application of planned procedures to identify and change patterns of behavior that are mal-adoptive, destructive,
health injuring or to restore appropriate levels of physical, psychological or social functioning.

CLANDESTINE LABORATORY
-Any facility used for the illegal manufacture of any dangerous drug.

CULTIVATE OR CULTURE
-Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is
source of a dangerous drug.

ADMINISTER
-Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by
injection, inhalation, ingestion or other means.

CHEMICAL DIVERSION
-Sale, distribution, supply or transport of legitimately imported, in transit, manufactured or procured controlled
precursors and essential chemicals.

Quest Review Center – Crime Detection and Investigation 57


DELIVER
-Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or
without consideration.

DEN, DIVE, RESORT


-Place where any dangerous drug and essential chemical is administered, delivered, stored for illegal purposes.

DRUG SYNDICATE
-Any organized group of two or more persons forming or joining together with the intention of committing any
offense prescribed in RA 9165.

PRACTITIONER
-Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or
pharmacist in the Philippines.

ILLEGAL TRAFFICKING
-Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale trading, transportation,
distribution, importation, exportation and possession of any dangerous drugs.

PLANTING OF EVIDENCE
-Willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or
indirectly, through any overt or covert act any dangerous drugs in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any
violation of RA 9165.

PUSHER
-Any person who sells, trades, administers, dispense, delivers or gives away to another, distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker.
USE
-Any act of injecting, intravenously or intramuscularly, of consuming any dangerous drugs.

CONFINEMENT
- Refers to the residential treatment and rehabilitation of trainees, clients and patients in a center.

CONFIRMATORY TEST
- An analytical test using a device, tool or equipment with different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test.

CONTROLLED DELIVERY
-The investigative technique of allowing an unlawful consignment of any dangerous drug, essential chemical to
pass into, through out of the country under the supervision of an authorized officer, with a view to gathering
evidence to identify any person involved in any dangerous drug related offense.

DISPENSE
-Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of
prescription.

DRUG DEPENDENT
-Refers to a person suffering from drug dependence.

FINANCIER
- Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under
RA 9165.

INSTRUMENT
- Anything that is used or intended to be used, in any manner, in the commission of illegal drug trafficking or related
offenses.

LABORATORY
-Refers to the facility of a private or government agency that is capable of testing a specimen to determine the
presence of dangerous drugs

PROTECTOR/CODDLER
- Any person who knowingly and willfully consents to the unlawful acts provided in RA 9165 and uses his/her
influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows
or has reasonable grounds to believe on or suspects, has violated the provisions of RA 9165 in order to prevent the
arrest, prosecution and conviction of the violator.

SCREENING TEST
-A rapid test performed to establish potential/presumptive positive result.

Quest Review Center – Crime Detection and Investigation 58


TRADING
-Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices, or acting as a broker in any such transactions whether for money or any other
consideration.

THE PHILIPPINE ANTI-DRUG EFFORTS

On February 16, 1972, Philippine Constabulary Anti Narcotics Unit was activated (CANU).

-On March 30, 1972, Republic Act 6425 otherwise known as the ‘Dangerous Drug Act of 1972” was approved.

-This law created the Dangerous Drug Board as the policy-making and regulatory body on prevention and control of
drug abuse. RA 6425 serves as the backbone of the Philippine drug enforcement system.

-January 3, 1973, President Ferdinand E. Marcos ordered the immediate execution of Chinese national Lim Seng
alias Gan Sou So, top heroin trafficker in the Philippines, by firing squad at the Fort Bonifacio grounds.

- The execution was aired live in television.

-CANU was renamed as AFP NARCOM on February 1, 1983

-AFP NARCOM functions were absorbed by PNP Narcotics Group in 1991

-PDEA was created upon enactment of RA 9165 in 2002


 Signed June 7, 2002
 Published June 19, 2002
 Took effect July 4, 2002

-Creation of The new Dangerous Drugs Board (DDB) as the policy and strategy formulating body.

-The Philippine Drug Enforcement Agency (PDEA) as its implementing arm.

-In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director General of PDEA.

-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director General vice Anselmo Avenido.

-In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as PDEA Director General vice Gen. Dionisio R.
Santiago (Ret).

With the creation of PDEA….

-the secretariat of the National Drug Law Enforcement and Prevention Coordinating Center or DEP Center has
been absorbed by the new agency

Narcotics Group of the PNP;


Narcotics Division of the NBI; and
Narcotics Interdiction Unit of the Bureau of Customs have been abolished

EXECUTIVE ORDER NO. 218


“Strengthening the support mechanism for the Philippine Drug Enforcement Agency”

-issued on June 18, 2003 by President Gloria Macapagal Arroyo.

-Creation of Task Forces: The Office of the President, the PNP, and other agencies which were performing drug
law enforcement and prevention function prior to the enactment of RA 9165 shall organize anti-drug forces to
support the PDEA.

-The PDEA shall exercise operational supervision and provide technical support to the main task force created
by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency


 Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on any dangerous drug and/or
controlled precursor and essential chemicals

-Serves as the implementing arm of the Dangerous Drug Board (DDB).


-Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in RA 9165.

Quest Review Center – Crime Detection and Investigation 59


PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
-Headed by Director General with the rank of Undersecretary, appointed by the President.
-The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by the President.

POWER AND DUTIES OF PDEA


-To cause the efficient and effective implementation of the national drug control strategy formulated by the
Dangerous Drugs Board;
- Undertake the enforcement of the provisions of Article II of RA 9165 relative to the unlawful acts and penalties
involving any dangerous drugs and/or controlled precursor and essential chemicals;
-Administer oath and issue subpoena and subpoena duces tecum relative to the conduct of investigation
involving the violations of RA 9165;
-Arrest and apprehend as well as search all violators and seize or confiscate the effects or proceeds of the crimes
as provided by law;
-Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals
seized, confiscated or surrendered to any national, provincial or local law enforcement agency;
-Establish a forensic laboratory in each PNP office in every province and city in order to facilitate action on seized
or confiscated drugs, thereby hastening their destruction without delay;
- Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be
violating the provisions of RA 9165 and in accordance with the pertinent provisions of the Anti-Money Laundering
Act of 2001;
- Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws n
dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substances;
-Monitor, and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of
Customs, inspect all air cargo packages, parcels and mails in the central post office;
-Conduct eradication programs to destroy wild or illegally grown plants from which dangerous drugs may be
extracted;
-Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities
against drug abuse in every province, city, municipality and barangay;
-Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other
government agencies/offices and local government units that will assist in the apprehension of big-time drug lords;
- Establish and maintain close coordination, operation and linkages with international drug control and
administration agencies and organizations;
-Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and transmit
evidence to the proper court;
- Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to
it;
- Coordinate with the DDB for the facilitation of the issuance of necessary guidelines, rules and regulations for the
proper implementation of RA 9165;
- Initiate and undertake a national campaign for drug prevention and control programs, where it may enlist the
assistance of any department, bureau, office, agency or instrumentality of the government, including government-
owned and/or controlled corporations; and
-Submit annual and periodic reports to the DDB from time to time and perform such other functions as may be
authorized of required under existing laws and as directed by the President.

DANGEROUS DRUG BOARD (DDB)


-Created by virtue of Republic Act 6425 otherwise known as Dangerous Drug Act of 1972 subsequently
repealed by RA 9165.

-the policy-making & strategy-formulating body in the planning & formulation of policies & programs on drug
prevention & control.

-It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and
control strategy.

DANGEROUS DRUG BOARD (DDB)

-DDB composed of 17 members wherein 3 of which are permanent members, the other 12 members are ex- officio
capacity and 2 regular members.

THREE (3) PERMANENT MEMBERS


- At least 7 years of training and experience in the field of the ff: fields in law, medicine, criminology, psychology or
social work.
- Appointed by the president.

-One designated as the Chairman with the rank of Secretary (with the term of 6 years) and the two other regular
members as undersecretary (one with 4 years term and the other 2 years but succeeding appointment will serve six
years and until their successors shall have been duly appointed and qualified.

Quest Review Center – Crime Detection and Investigation 60


TWELVE (12) EX- OFFICIO MEMBERS
- Secretary or representative of the following Department:
- DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
- Chairman CHED, NYC
- Director General - PDEA

TWO (2) REGULAR MEMBERS


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

The Director of NBI and Chief, PNP are the permanent consultant of the DDB.

DRUG MULES or “DRUG COURIERS”

-Are individuals who transport dangerous drugs in exchange for a huge amount of money, depending on the
amount of drugs to be delivered and the route/distance to be traveled.

-Women are usually targeted by syndicates since they generally generate mild suspicion from authorities and the
female body has more cavities possible to insert the drugs in, therefore posing less detection risk.

Methods of Concealment

1. Hidden in luggage/suitcases;
2. Ingestion/Swallowing;
3. Placed in shoes;
4. Placed in bottom part of luggage;
5. Placed inside handbag;
6. Others- Undergoing minor operation, placing in shoeboxes/ books/bottles/parcels, etc.

Factors contributing to the drug courier problem

1. Filipinos are usually enticed by the offer because of the syndicates’ promise of love/marriage, as have been
recorded in several arrests involving Filipina drug couriers. Others are lured by the opportunity to travel and the
promise of a comfortable life while others want a high-paying job and easy money.

2. The drug courier problem can also be attributed to the (1) The prevalence of poverty, (2) Poor educational
background, (3) Easy money, (4) Unemployment and 95) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010 by virtue of Administrative Order No.
279. It is an inter-agency team tasked in the deterrence, prevention and protection of Filipinos from being victimized
as drug couriers by international drug trafficking syndicates.

The Task Force is composed of 13 agencies, chaired by the Philippine Drug Enforcement Agency and co-chaired
by the Department of Foreign Affairs with the following agencies as members:

1.Bureau of Customs
2. Bureau of Immigration
3.Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary

MODUS OPERANDI (MO)

Couriers are usually recruited by casual acquaintances they meet in key cities here or abroad, mostly fellow
Filipinos connected to drug syndicates like the African Drug Syndicate (ADS), offering plane tickets, hotel
accommodation and huge amounts of money.

In some instances, members of syndicates befriend/marry potential recruit then later turn him/her into a courier or
cohort. On the other hand, unwitting victims were duped by acquaintances into carrying packages in exchange for
money, not knowing that drugs were placed inside.

Quest Review Center – Crime Detection and Investigation 61


Couriers may also be recruited through the internet and social networking sites like Facebook, MySpace, Tagged,
etc. Syndicates also engage in travel & tours businesses/agencies to arrange airline and hotel bookings of the
couriers and use fraudulent documents/fake credit cards.

The ADS is believed to be behind the alarming increase of Filipino drug couriers arrested abroad. They deliver
drugs to their connections in different points around the world by employing drug couriers to prevent the risk of
getting caught themselves. They also use Filipinos as cohorts to recruit fellow OFWs.

The ADS is an international syndicate involved in drug trafficking and cyber crimes.

They use stolen and/or falsified documents to go about with their transaction (i.e. purchase of plane tickets, hotel
bookings) and usually communicate with their cohorts thru phone or the internet.

Members are proficient in English and well-versed, very persistent and are generally friendly which makes them
recruit potential victims easily.

National Anti-Drug Strategy & 4 Pillars of Anti-Drug Campaign

THE FOUR PILLARS OF ANTI-DRUG CAMPAIGN

1. Drug Supply Reduction Drive


 Reduce the supply of drugs
 Drive the prices high and create acute shortage of drugs
 Neutralize sources of drugs

2. Drug Demand Reduction Drive


 Reduce the demand side of the drug chain
 Concentrates on anti-drug advocacy efforts – public information and treatment and rehabilitation
 Targets non-users, casual drug users and addicts/recovering persons

3. Alternative Development/Reform Programs


 Development/livelihood program
 Education program
 Family solidarity/development program
 Good governance program
 Legal reforms

4. International Cooperation
 Neutralize transnational drug syndicates
 Minimize drug trafficking to and from the country
 Exchange of information and technologies
 Multilateral, regional, sub-regional and bilateral assistance and cooperation

REPUBLIC ACT 9165


Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002

UNLAWFUL ACTS AND PENALTIES UNDER RA 9165

Section 4. Importation of Dangerous Drugs

Penalty:
Life Imprisonment and fine of Five Hundred Thousand pesos (P500,000.00) to Ten Million Pesos (P10,000,000.00).

Importation of any Controlled precursor and essential chemicals

Penalty:

Imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
Hundred Thousand pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00)

Sec 4"protector/coddler" of any violator of the provisions under this Section.


penalty

-twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of


Dangerous Drugs
Penalty
Quest Review Center – Crime Detection and Investigation 62
-life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

Section 6. Maintenance of a Den, Dive or Resort involving dangerous drugs


penalty

–life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form.

Section 7 Employees and Visitors of a Den, Dive or Resort

12 years and 1 day to 20 years (100,000.00 to 500,000.00).

- (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

- (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature
of the place as such and shall knowingly visit the same.

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

- Penalty for Manufacture of Dangerous drugs- life imprisonment and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

- Penalty for manufacture any controlled precursor and essential chemical - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00)

Note:
- The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any dangerous drug.

Sec 11. Possession of Dangerous Drugs

- Possession of Dangerous Drugs regardless of purity- penalty provided life imprisonment and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or oil, and other
dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana

Penalty-Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php 400,000.00 to Php
500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams

Penalty- imprisonment of 12 years and 1 day to 20 years and a fine ranging from Php 300,000.00 to Php
400,000.00

-If the quantity of dangerous drugs are less than 5 grams.


- If the quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs


Penalty

-A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six (6) months but not exceeds one year rehabilitation in a
government center for the first offense.

- If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided
for under Section 11 of this Act, in which case the provisions stated therein shall apply.
Quest Review Center – Crime Detection and Investigation 63
Sec 16. Cultivation of plants classified as source of dangerous drugs
Penalty

- Life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from P100,000.00 to P500,000.00
shall be imposed upon any person, who acts as a “protector/coddler of any violator of the provisions of Sec. 16…..

Section 18. Unnecessary Prescription of Dangerous Drugs. –

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does
not require the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations of practitioners, particularly
those who are involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

– The penalty of life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper disposition in the following manner:

The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the
media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies
of the inventory and be given a copy thereof;

-Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;

- A certification of the forensic laboratory examination results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s.
- That a final certification shall be issued on the completed forensic laboratory examination on the same within the
next twenty-four (24) hours

After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of
the confiscated, seized and/or surrendered dangerous drugs, and controlled precursors and essential chemicals,
including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall:

within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the DOJ, civil society groups and any elected public official

Section 23. Plea-Bargaining Provision.

– Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining .

Section 28 – Criminal Liability of Government Officials and Employees.

- The maximum penalties of the unlawful acts provided in the Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials
and employees.

Section 29. Criminal Liability for Planting of Evidence

Quest Review Center – Crime Detection and Investigation 64


– Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the maximum penalty.

Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or for
treatment and rehabilitation of the drug dependency. The Board shall bring forth the matter to the Court which shall
order that the applicant be examined for drug dependency.

If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a
drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6) months.

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission
Program.

-Upon certification of the Center that the drug dependent within the voluntary submission program may be
temporarily released, the Court shall order his/her release on condition that said drug dependent shall report to the
DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months
under such terms and conditions that the Court may impose.

Dangerous Drug Test Requirements


The following shall undergo mandatory drug testing:
1. applicants for drivers license
2. applicants for Firearms license & PTCFOR
3. members of the PNP, AFP, & other LEA
4. All person charged with criminal offense with penalty of not less than 6 years.
5. All candidates for public office national/ local

The following shall undergo random drug testing:


1. students of secondary and tertiary schools;

2. officers and employees of public & private offices.

SUPREME COURT DECISIONS


………..The Philippines Supreme Court upheld mandatory, random, suspicionless drug testing of workers and high
school and college students, but struck down as unconstitutional provisions of the Comprehensive Dangerous
Drugs Act of 2002 that required drug tests for candidates for political office or those charged with criminal offenses.

………..the court noted that the law says the random drug testing of employees "shall be undertaken under
conditions calculated to protect as much as possible the employee's privacy and dignity," and that employers are
not required to report positive test results to prosecutors. It also found that "the intrusion into the employee's
privacy... is accompanied by proper safeguards, particularly against embarrassing leakages of test results, and is
relatively minimal."

………..In the case of students, the high court found that drug testing was not only constitutional, but perhaps even
necessary. It noted the presence of drugs in the country "that threatens the well-being of the people, particularly the
youth and school children who usually end up as victims.

………..Candidates for political office, however, may not be subjected to drug tests as condition of candidacy, the
court held. The drug law's provisions requiring testing of candidates unconstitutionally added to the constitution's
provisions defining the qualification or eligibility of candidates

……….The court was equally kind to people charged with criminal offenses, holding that they cannot be drug tested
because they might incriminate themselves and because drug testing in their cases would not be random or
suspicionless. "To impose mandatory drug testing on the accused is a blatant attempt to harness a medical test as
a tool for criminal prosecution, contrary to the objectives of RA 9165 [the drug testing law]. Drug testing in this case
would violate a person's right to privacy guaranteed under Section 2, Article III of the Constitution. Worse still, the
accused persons are veritably forced to incriminate themselves

Responsibility and liability of law enforcement agencies in testifying as Prosecution Witness in Dangerous
Drug Cases
- Penalty- 12 years and 1 day to 20 years and a fine of not less than Php 500,000.00 in addition to the
administrative liability.
- For any members of law enforcement agency who, after due notice, fails or refuses intentionally or negligently to
appear as a witness for prosecution.

Section 92. Delay and Bungling in the Prosecution of Drug Cases


– Any government officer or employee tasked with the prosecution of drug-related cases under this act, who,
through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and
Quest Review Center – Crime Detection and Investigation 65
one (1) day to twenty (20) years without prejudice to his/her prosecution under the pertinent provisions of the
Revised Penal Code.

Non-applicability of the Probation Law for Drug Traffickers and Pushers. – cannot avail of the privilege
granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003


Adopting Salient Provisions of PDEA Memorandum on the preparation of pre-operation report and PNP-
AIDSOTF Memorandum Circular in the conduct of Anti-Illegal Drugs Operations.

Pre-Operations

-Operating Unit to submit to PDEA, the pre-operations report, indicating details such identity, area of operation,
composition, tactics and equipment of the operating unit and duration of the operation. Also includes the
information on the suspect/s.

-Certification of Coordination – prepared by PDEA given to the operating unit which submitted a pre-operations
report.

Exemption of submission of Pre Operations Report:


1. In remote places where coordination is not possible;
2. When coordination will compromise the lives of police operatives, informant and witnesses, involved in anti-drug
operations;
3. When coordination will prejudice the apprehension of drug suspects and confiscation of dangerous drugs;
4. When prior coordination will compromise the entire police operation.
(In above instances, post coordination shall be made in lieu of prior coordination).

Signatories to the Pre-Operation Report


- signed by the Team Leader.

Conduct of Operation
- Team shall be led by a police commissioned officers except in far flung areas where there are no assigned PCOs.
- To have at least 1 female member operative who shall be responsible for arresting and frisking female suspects
and for taking custody of children found in the place of operation.

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

Different Forms of Vices:


1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling

ALCOHOLIC
-A person who has experienced physical, psychological, social or occupational impairment as consequence of
habitual, excessive consumption of alcohol.

ALCOHOL ABUSE
-Use of ethyl alcohol or liquor in a quantity and with a frequency that causes the individual significant physiological,
psychological, or sociological distress or impairment.

ALCOHOLIC DEPENDENCE
-A chronic lost of control over the consumption of alcoholic beverages despite obvious psychological or physical
harm to the person. Increasing amount are required overtime and abrupt discontinuance may precipitate a
withdrawal symptoms.

ALCOHOLIC LIQUOR
-Any beverages or compound, whether distilled, fermented, or otherwise, which will produce intoxication or which
contains in excess of one percent of alcohol and used as a beverage.

DRUNKARD
- A person who habitually takes or use any intoxicating alcohol liquor and while under the influence of such, or in
consequence of the effect thereof, is either dangerous to himself or to others.

ALCOHOLISM – which is also known as “Alcohol Dependence Syndrome” is a disease characterized by the
following:
a) Craving – strong need or compulsion to drink
b) Loss of Control – frequent inability to stop drinking once a person has begun to drink.

Quest Review Center – Crime Detection and Investigation 66


c) Physical Dependence – The occurrence of withdrawal symptoms, such as shakiness and anxiety when alcohol
use is stopped.

SOME PROBLEMS ARISING FROM ALCOHOLISM


a) Loss of employment which can lead to financial problems;
b) Marital Conflict and contribute to domestic violence;
c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public disorder
(Alarm and Scandal).

DRUNKNESS AS A CRIME.
-In the Philippines, drunkenness in itself is not a crime because a person may drink to excess in the privacy of his
home or in the party and commit no crime at all.

-It is only when a drunken person exhibits his condition publicly, or disturbs, endangers, or injured others, that he
became an offender and therefore, subject to arrest and punishment.

-Before and during elections, it is unlawful to sell or drink intoxicating liquor, as provided in the election law.
-Under RA 4136, as amended, driving under the influence of liquor is prohibited.

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative Circumstances.

- It is considered a mitigating circumstance when the offender has committed a felony in a state of intoxication, if
the same is not habitual.

- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

PROSTITUTION

-act or practice of providing sexual services to another person in return for payment.

-is the exchange of money for the performance of sexual act.

PROSTITUTE
-Customarily used, to refer to a female person who engages in sex in exchange for money as profession.

PHILANDERING
-Is having casual/illicit sex with a number of people.

-It usually refers to men, and often in the context of cheating on a wife or girlfriend.

TO PHILANDER
-Is to carry on romantic and/or sexual affairs outside a committed relationship
PHILANDER
-Is a serial cheater who betrays his spouse or long term partner repeatedly;

-The term usually refers to men (obviously, women have also been known to carry on affairs).

VAGRANTS AND PROSTITUTES (under RPC)

-Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to
apply himself or herself to some lawful calling.

-Any person found loitering about public or semi-public building or places, or tramping or wandering about the
country or to the streets without visible means of support.

-Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those who habitually associate
with prostitutes.

PROSTITUTES –
women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Republic Act No. 10158

Sgned last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from the country's
list of crimes amid concerns it only targets the poor and the disadvantaged.

Although the poor or homeless people can no longer be hauled to jail for vagrancy, the new law continued to
penalize women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual intercourse or
lascivious conduct."

Quest Review Center – Crime Detection and Investigation 67


A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not exceeding P200.

In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in its minimum
period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all persons serving
sentence for violating the vagrancy law shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

RA 7610, as amended, (Special Protection of children against child abuse, exploitation and discrimination
Act)

- Penalize those who engage in or promote, facilitate or induce child prostitution, who commit the act of sexual
intercourse or lascivious conduct with a child exploited in prostitution and who derived profit on advantage
therefrom, whether as a manager or owner of the establishment.

-penalty of reclusion temporal in its medium period to reclusion perpetua

GAMBLING

GAMBLING
-Wagering of money or something of material value on an event with an uncertain outcome with the primary intent
of winning additional money and/or material goods.

ILLEGAL NUMBERS GAME


-Any form of illegal gambling activity which uses numbers or combination as factors in giving out jackpots.

JUETENG
-Illegal numbers game that involves the combination of numbers as a form of local lottery where bets are placed
and accepted per combination .

MASIAO
-Illegal numbers game where the winning combination is derived from the results of the last game of Jai Alai or the
Special Llave portion

LAST TWO
-Illegal numbers game where the winning combination is derived from the last two numbers of the first prize of the
winning Sweepstakes ticket.

BETTOR (Mananaya)
-Any person, who places bets for himself/herself or in behalf of another person, other than the personnel or staff of
any illegal numbers game operation.

COLLECTOR or AGENT (Cabo, Cobrador)


-Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game who is
usually in possession of gambling paraphernalia

MAINTAINER, MANAGER OR OPERATOR


-Any person who maintains, manages, or operates any illegal number game in a specific area.

FINANCIERS OR CAPITALIST
-Any person who finances the operations of any illegal numbers game.
PROTECTOR OR CODDLER

-Any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal
numbers game.

RELATED LAWS ON GAMBLING


- Article 195 of RPC. Acts punishable in gambling – any person directly or indirectly take part in any game of
Monte, jueteng, other form of lottery, policy, banking or percentage game, dog races or any other game the
result of which depends wholly upon a chance wherein wagers consisting of money, articles of value, or
representative of value are made.

Article 195 of RPC. (Penalty)


-The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of
arresto mayor or a fine ranging from two hundred or six thousand pesos,

Quest Review Center – Crime Detection and Investigation 68


- The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or
banker in a game of jueteng or any similar game.

Article 196 (RPC). Penalizing any person who shall import into the Philippine Islands from any foreign place or
port any lottery ticket or advertisement, or in connivance with the importer, shall sell or distribute the same.

-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court

Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any object or article
of value or representative of value upon the result of any boxing or other sports contest.

-The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races


– Penalizing any person who, except during the periods allowed by law, shall bet on horse races.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 199 (RPC). Illegal cockfighting –


Penalizing any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

 - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court

RA 3063 – Approved June 17, 1961


authorizing licensed race tracks and racing clubs and their authorized agent to offer, take or arrange bets outside
the place, enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not more than two thousand pesos or by imprisonment for not
less than one month or more than six months, or both, in the discretion of the court. If the offender is a partnership,
corporation or association, the criminal liability shall devolve upon its president, director, or any other official
responsible for the violation.

PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents. Approved on June
13, 1974.

PD 1602 – Approved June 11, 1978.


prescribing stiffer penalties on illegal gambling.

RA 9287 – Approved 2, 2004


An Act increasing the penalties for illegal numbers games, amending certain provisions of P.D. 1602, and for other
purposes.

Quest Review Center – Crime Detection and Investigation 69


CDI 6: FIRE TECHNOLOGY AND ARSON INVESTIGATION

FIRE
- a rapid, self-sustaining oxidation process accompanied by the evolution of heat and light of varying intensity
- an active chemical reaction that takes place between fuel, heat and oxygen in the form of light and
noticeable heat
- a chemical reaction; the rapid oxidation of a fuel producing heat and light
- an oxidation taking place with a rate rapid enough to produce heat and light

TECHNOLOGY
- the branch of knowledge that deals with industrial arts and sciences
- the application of such knowledge that is used to produce the material necessity of society

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
- anything that will burn when heated with sufficient oxygen

OXYGEN
- aids in combustion; comes from the atmosphere we breath; the atmosphere contains: 21% oxygen, 78%
nitrogen and 1% impurities
HEAT
- source of ignition

TRIANGLE OF FIRE
For many years, the fire triangle (oxygen, fuel and heat) was taught as the components of fire. While this
simple example is useful, it is NOT technically correct.

TETRAHEDRON OF FIRE
- a geometric representation of what is required for fire to exist, namely, fuel, an oxidizing agent, heat, and
an uninhibited chemical reaction

FIRE TETRAHEDRON

- Oxygen (oxidizing agent)


- Fuel
- Heat
- Self-sustained chemical reaction

Each component of the tetrahedron must be in place for combustion to occur. Remove one of the
four components and combustion will not occur. If ignition has already occurred, the fire is extinguished
when one of the components is removed from the reaction.

OXYGEN (Oxidizing Agent)


- a colorless, odorless gas and one of the compositions of air which is approximately 21% percent by volume
-
Oxygen sources: Oxygen requirements:
1. 21% of normal oxygen 1. 12% no fire
2. 78% nitrogen 2. 14% flash point
3. 1% other gases 3. 21% fire point

FUEL
- the material or substance being oxidized or burned in the combustion process.
Quest Review Center – Crime Detection and Investigation 70
Fuel sources
1. Solid
- molecules are closely packed together
2. Liquid
- molecules are loosely packed
3. Gas
- molecules are free to move

HEAT
- the energy component of the fire tetrahedron
- when heat comes into contact with a fuel, the energy supports the combustion reaction
- heat energy is measured in units of Joules (J), however it can also be measured in Calories (1 Calorie =
4.184 J) and BTU's (1 BTU = 1055 J)

TEMPERATURE
- a measure of the degree of molecular activity of a material compared to a reference point
- a measure of the degree of molecular activity of a material compared to a reference point
- measured in degrees Farenheit or degrees Celsius
 
ºC ºF Response
37 98.6 Normal human oral/body temperature
44 111 Human skin begins to feel pain
48 118 Human skin receives a first degree burn injury
55 131 Human skin receives a second degree burn injury
62 140 A phase where burned human tissue becomes numb
72 162 Human skin is instantly destroyed
100 212 Water boils and produces steam
140 284 Glass transition temperature of polycarbonate
230 446 Melting temperature of polycarbonate
250 482 Charring of natural cotton begins
300 572 Charring of modern protective clothing fabrics begins
600 1112 Temperatures inside a post-flashover room fire
 
Types of Energy (common sources of heat)
1. Chemical Energy
2. Electrical Energy
3. Nuclear Energy
4. Mechanical Energy

CHEMICAL ENERGY
- the most common source of heat in combustion reactions

When any combustible is in contact with oxygen, oxidation occurs. The reaction of this process
results in the production of heat.
ex. Heat generated from burning match, self heating (spontaneous heating)

ELECTRICAL ENERGY
- can generate temperature high enough to ignite any combustible material near the heated area

Examples:
1. over current or overload
2. arcing
3. sparking
4. static
5. lightning

NUCLEAR ENERGY
- generated when atoms either split apart (fission) or combine (fusion)
Ex.
1. fission heats water to drive steam turbines and produce electricity
2. solar energy is a product of a fusion reaction

MECHANICAL ENERGY
- an energy created by friction and compression

1) Heat of friction - the movement of two surfaces against each other, thus producing sparks
2) Heat of compression - heat is generated when a gas is compressed in a container or cylinder

Quest Review Center – Crime Detection and Investigation 71


SELF-SUSTAINED CHEMICAL REACTION
Combustion is a complex reaction that requires a fuel (in the gaseous or vapor state), an oxidizer, and heat
energy to come together in a very specific way. Once flaming combustion or fire occurs, it can only continue when
enough heat energy is produced to cause the continued development of fuel vapors or gases. Scientists call this
type of reaction a “chain reaction”.

A chain reaction is a series of reactions that occur in sequence with the result of each individual reaction
being added to the rest.

FIRE DEVELOPMENT

When the four components of the fire tetrahedron come together, ignition occurs. For a fire to grow beyond
the first material ignited, heat must be transmitted beyond the first material to additional fuel packages.

Stages of Fire
- Ignition
- Growth
- Flashover
- Fully-developed
- Decay

IGNITION
- describes the period when the four elements of the fire tetrahedron come together and combustion begins

GROWTH
- shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops, it begins to
draw or entrain air from the surrounding space into the column.

FLASHOVER
- the transition between the growth and the fully developed fire stages and is not a specific event such as
ignition. During flashover, conditions in the compartment change very rapidly as the fire changes from one
that is dominated by the burning of the materials first ignited to one that involves all of the exposed
combustible surfaces within the compartment.

FULLY-DEVELOPED
- occurs when all combustible materials in the compartment are involved in the fire

DECAY
- as the fire consumes the available fuel in the compartment, the rate of heat released begins to decline.

THREE (3) STAGES OF FIRE


1. Incipient phase
2. Free burning phase
3. Smoldering

1. INCIPIENT STAGE
- initial stage of fire

Characteristics
- normal room temperature
- oxygen plentiful
- thermal updraft rise accumulates at higher point
- temperature at 1000 F
- Producing C02, CO, SO2, water and other gases
2. FREE BURNING PHASE
- a phase of burning in which materials or structures are burning in the presence of adequate oxygen

Characteristics
- fire has involved more fuel
- oxygen supply has depleted
- heat accumulates at upper area
- temperature exceeds 1,330 F
- area is fully involved

3. SMOLDERING PHASE
- final phase of burning wherein flame ceases but dense smoke and heat completely fill the confined
room

MODES OF HEAT TRANSFER

Heat is by-product of combustion that is of significant importance to the firefighter. It is heat that causes fire
to sustain its combustion and, more important, to extend. When heat given off as a product of combustion is

Quest Review Center – Crime Detection and Investigation 72


exposed to an unheated substance, certain changes occur that can make the new substance a contributing factor
in extending a fire.

CONDUCTION
- heat transfer within solids or between contacting solids

When a hot object transfers its heat, conduction has taken place. The transfer could be to another object or
to another portion of the same object. As we have discovered and will be constantly reinforced about, combustion
occurs on the molecular level. When an object heats up, the atoms become agitated and begin to collide with one
another. A chain reaction of molecules and atoms, like wave energy, occurs and causes the agitated molecules to
pass the heat energy to areas of non-heat.

CONVECTION
- heat transfer by the movement of liquids or gasses

Air that is hotter than its surroundings rises. Air that is cooler than its surroundings sinks. Air is made up of
many molecules floating about freely. Even so, it still has weight. Some molecules are made up of the same
element. For example, oxygen in its natural state will combine with another oxygen atom to form a stable oxygen
molecule. In a given volume, air at a given temperature will have the same density. When heated, as in conduction
theory, the molecules become agitated and begin to collide with one another. In the process, the molecules are
demanding more space to accommodate the vibrations and they push into one another as they seek that space.
When that happens, the density of a given volume is reduced and it weighs less. Because it weighs less, it rises
until it reaches equilibrium-the level at which the weight is the same as the surrounding atmosphere.

RADIATION
- heat transfer by electromagnetic waves

The last form of heat transfer occurs by radiation. As we have already seen, heat energy can be
transmitted directly when molecules collide with one another and cause the waves of heat energy to travel.

FLAME CONTACT
- heat may be conducted from one body to another by direct flame contact

PROPERTIES OF FIRE
1. Physical properties
2. Chemical Properties

1. PHYSICAL PROPERTIES
a. Specific gravity
- the ratio of the weight of a solid or substance to the weight of an equal volume of water
b. Vapor density
- the weight of volume of pure gas compared to weight of a volume of dry air at the same
temperature and pressure
c. Vapor pressure
- the force exerted by the molecules on the surface of the liquid at the equilibrium
d. Temperature
- the measure of the thermal degree of the agitation of molecules of a given substance; the measure
of the molecular activity within the substance
e. Boiling Point
- the constant temperature at which the vapor pressure of the liquid is equal to the atmospheric
pressure
f. Ignition temperature
- the minimum temperature to which the substance in the air must be heated in order to initiate or
cause self-contained combustion without addition of heat from outside sources
g. Fire point
- the temperature at which the material will give off ample vapors to keep burning
h. Flash point
- the temperature at which the material is not hot enough to keep burning, but still gives off enough
vapors to cause a flame across the surface

2. CHEMICAL PROPERTIES
a. Endothermic reaction
- are changes whereby energy is absorbed or is added before the reaction takes place
b. Exothermic reaction
- reactions or changes that releases or give off energy
c. Oxidation
- a chemical change in which combustible material and an oxidizing material react
d. Combustion or flame
- the manifestation of fire is in its gas-phased combustion; matter that is produced by fire.

Material Ignition Temperature


F C
Quest Review Center – Crime Detection and Investigation 73
Gasoline 536 280
Kerosene 410 210
Turpentine 488 253
Paper 842 450
Wood 489 254
Coal 750 400

CLASSIFICATIONS OF FIRE

I. BASED ON CAUSE
a. Natural fire/ providential
b. Accidental fire
c. Intentional Fire/Incendiary
d. Undetermined

A. NATURAL FIRE
- involves fires without direct human intervention
Examples:
- Earthquake
- Typhoon
- Lightning
- Spontaneous combustion arising from the storage of combustible materials in poorly ventilated
places
- Explosion from petroleum products, alcohol and other substances
- Sun rays focused on glasses which may serve as a convex lens

B. ACCIDENTAL FIRE
- Carelessly discarded cigarettes
- Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
- Overheating, spark and electrical defects
- Overload electric circuits/ Octopus connections
- Children playing matches
- Use of candles

C. INCENDIARY FIRE
- is one deliberately set under circumstances in which the person knows that the fire should not be
set

D. UNDETERMINED FIRE CAUSE


- whenever the cause cannot be proven, the proper classification is undetermined

II. BASED ON BURNING FUEL

CLASS A
- ordinary solid materials such as wood, paper, fabrics, etc.
- this will be indicated by deep cited fire, leaves ashes and embers (glowing coals) after burning

CLASS B
- flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.

CLASS C
- electrical appliances; causes electric shock

CLASS D
- metal fire such as magnesium (white element burning with dazzling light), sodium (a silver white metallic
element), etc.; creates violent reaction

CLASS E
- flammable gases such as LPG, LNG, etc.; also creates violent reaction

Fire Classes in the United Kingdom and Europe


A – ordinary combustibles
B – flammable or flammable liquids
C – flammable gasses
D – combustible metals
E – (this class is no longer existing in Europe)
F – cooking oils and fats

Fire Classes in Australia and Asia


A – everyday combustibles
B – combustible or combustible liquids
Quest Review Center – Crime Detection and Investigation 74
C – combustible gasses
D – combustible metals
E – electrical equipment
F – cooking fats and oils

Fire Classes in the U.S.A. (NFPA)


A – regular combustibles
B – flammable liquids and gasses
C – electrical appliances
D – combustible metals
K – cooking oils and fats

FIRE EXTINGUISHMENT

EXTINGUISHING AGENT
1. Class A – water (all agents)
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water, soda acid and foam)
4. Class D – special powder
5. Class E – all agents

METHODS OF EXTINGUISHMENT
1. COOLING – heat absorption.
2. SEPARATION – the removal of the fuel.
3. SMOTHERING – by expelling oxygen
4. Inhibition or the interruption of chemical chain reaction

Strategies Used in Firefighting:


1. Locate the fire
2. Confine the fire
3. Extinguish the fire
4. Exposures

Factors to Consider in Extinguishment:


1. Time
2. Weather (temperature, humidity, wind)
3. Fire ( ex. Extent, location, bldg construction, contents involved)
4. Occupancy
5. Ventilation (used for clearing the bldg of smoke and gases)

Types of Ventilation:
a. Vertical ventilation - must be worked from the top to bottom
b. Cross or horizontal ventilation - used if gases have not reached the higher level through the opening of
windows
c. Mechanical force ventilation - a method whereby a device such as smoke ejector is utilized to remove
faster excessive heat and dense smoke

Factors to determine the location for the opening:


1. Location of intensity of fire
2. Highest point on the roof
3. Direction of wind
4. Existing exposure
5. Extent of fire
6. Obstruction

ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE


1. RESCUE - any action taken by the firefighters to remove occupants/ persons from building/ hazards to a
safety place
2. OVERHAUL - a complete and detailed checked of the structures and materials involved in the fire to make
sure that every spark and ember has been extinguished and to have assurance against re-ignition
3. SALVAGE - an action taken by the firefighters in preventing excessive damage by fire, water with the use
of salvage cover or by removing materials out from the burning building

Types of ladder
1. Ground ladders (10 to 55 ft. long)
2. Aerial ladders

Purposes of ladders
a. for rescue
b. to stretch line into a fire building
c. to provide ventilation by giving access to places that are hard to reach

Quest Review Center – Crime Detection and Investigation 75


Forms of ground ladders
a. Wall
b. Extension
c. Hook or straight ladder
d. Attic ladder

LADDER TERMINOLOGY
1. Bed ladder - the lowest section of an extension ladder
2. Fly ladder - the top section of an extension ladder
3. Butt - the bottom end of a ladder
4. Heel - the part of the ladder that touches the ground
5. Halyard - a rope or cable used to raised the fly ladder
6. Pawl or dog - the mechanism located at the end of the fly ladder that locks to the bed ladder
7. Rung - the cross member of the ladder that is used for climbing
8. Top or tip - it is the top part of the ladder
9. Hooks - part of a ladder that is used to hook over a roof peak, sills, or walls where the heel does not rest on
a foundation. (roof type ladders)
10. Stops - made of metal or wood blocks used to prevent the fly of an extension ladder from extending out
further from the ladder
11. Guides - light metal strips of an extension ladder that guides the fly ladder while it is being raised or
lowered

ARSON INVESTIGATIVE GUIDE AND PROCEDURES

ARSON
- the willful and malicious burning of all kinds of buildings and structures including personal properties

INVESTIGATION
- an art that deals with the identity and location of the offender and provides evidence of his guilt in criminal
proceedings

ELEMENTS OF ARSON
1. Actual burning took place
2. Actual burning is done with malicious intent
3. The actual burning is done by person(s) legally and criminally liable

LAW AND JURISPRUDENCE


The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal Code, as
amended by PD No. 1613, PD No. 1744, and Sec. 50 Rule VIII IRR of RA 6975 which provides that the Bureau of
Fire Protection (BFP) shall have the power to investigate all causes of fires and, if necessary, file the proper
complaint with the City/Provincial prosecutor who has jurisdiction over arson cases.

LAWS ON ARSON
1. Article 320 – 326 of the Revised Penal Code
- defines arson, its forms and penalties
2. PD 1613 – the law amending the law on arson
- defining the prima facie evidence of arson

3. RA 7659
- An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that purpose the
Revised Penal Code as amended, other special laws, and for other purposes
4. RA 6975 Sec. 54
- provides that the Fire Bureau shall have the power to investigate all causes of fires and if
necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over the case

What Constitutes Arson?


1. Burning
2. Willfulness – means intentional and implies that the act was done purposely and intentionally
3. Malice – denotes hatred or ill will or a desire for revenge; deliberate intention of doing unjustified harm for
the satisfaction of doing it
4. Motive – the moving cause which induces the commission of a crime; something that leads or influences a
person to do something
5. Intent – the purpose or design with which the act is done and involves the will; an essential element of
crime, motive is not

Why is arson very hard to investigate?

Arson is one of the most difficult offenses to investigate because the arsonist can be able to set a fire and
escape undetected. The fire can consume the scene and destroy much physical evidence of the offense. Harder
forms of evidence are often buried in debris and grossly altered in appearance.

What Constitutes Burning?


Quest Review Center – Crime Detection and Investigation 76
 The mere fact that a building is scorched or discolored by heat is not sufficient nor will bare intention or
even an attempt to burn a house amount to arson, if no part of it is burned.
 Yet, if there is actual ignition of any part of the building, arson is committed, although there be no flame or
the fire immediately goes out of itself.
 To burn means to consume by fire and in the case of arson, if the wood is blackened but no fibers are
wasted, there is no burning, yet the wood need not be in flame or blaze, and the burning of any part,
however, small is sufficient to constitute arson, and if the house is charred in a single place so as to destroy
the fibers of the wood, it is sufficient to constitute arson.

What is Attempted Arson?


 In attempted arson, it is not necessary that there be a fire before the crime is committed. No hard and fast
rule is laid down by the law as to the requirements for attempted arson. The peculiar facts and
circumstances of a particular case should carry more weight in the decision of the case. Thus, a person
intending to burn a wooden structure, collects some rags, soaks them in gasoline and places them beside
the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered
by another who chases him away.

 The crime committed is attempted arson, because the offender begins the commission of the crime directly
by overacts (placing the rags soaked in gasoline beside the wooden wall of the building and lighting a
match) but he does not perform all the acts of execution (the setting of the fire to the rags) due to the timely
intervention of another who chases away) the offender.

What is Frustrated Arson?


 In frustrated arson, the fact of having set fire to some rags and jute sacks soaked in kerosene oil and
placed near the partition of the entire soil of an inhabited house, should not be qualified as a consummated
arson, in as much as no part of the house had begun to burn, although fire would have started in the said
partition had it not been extinguished on time. The crime committed was frustrated arson.

What is Consummated Arson?


 The offender did in fact set fire to the roof of the house and said house was partially burned. The crime was
consummated arson, notwithstanding the fact that the fire afterwards extinguished for once it has been
started, the consummation of the crime of arson does not depend upon the extent of the damage caused.
 Setting fire to the contents of a building constitutes the consummated crime of setting fire to a building even
if no part of the building was burned.

Basis of Liability in Arson:


1. Kind and character of the building, whether of public or private ownership.
2. Its location, whether in an uninhabited place or in a populated place.
3. Extent of damage caused; and
4. The fact of its being inhabited or not.

Some of the Arson Evidence that the Investigator should seek at the Fire scene are the following:
1. Unusually rapid spread of the fire.
2. Where it originated?
3. Separate fires – when two or more separate fires break-out within a building, the fire is certainly suspicious.
4. Unusual odors – the odor of gasoline, alcohol, kerosene and other inflammable liquids are indicated by
their characteristics and oftentimes, arsonists are trapped because of this tell tale signs.
5. Objects that appear to be foreign to the scene such as cans, candles, matches, explosives, electrical
appliances such as irons, heating elements, clocks, radios, flammables, trailers, etc.
6. Charring pattern may indicate fire characteristics. The fact that the fire feeds on combustible while
propagating itself, indicates that the char will generally be deepest from where the fire originates. When a
fire is extinguished quickly, the charring is only slightly below the surface. Fire burning for a longer period of
time will indicate a char that is deep and pronounced. These facts are most apparent in the charring of
wood as a fire burns. The charring from fire on woods looks like the hide of a black alligator. Fire
extinguished quickly on wood will show a large alligatoring pattern that has not penetrate the wood to any
extent. Fire burning for a long period of time on wood will show small alligatoring pattern but the char will go
deep into the wood. The direction of fire can also be taken into consideration with charring. The exposed
side of combustible will have a deeper char than the unexposed side.
7. Evidence of forcible entry or lack of same may be important depending on the circumstances at the time of
the fire. If the investigator determines there was no forcible entry and finds that the building was secured
prior to discovery of the fire, he can reasonably suspect there is possibility that the person who sets the fire
entered the building with a key. Doors and windows showing signs of forced entry may point to arson
preceded by burglary or arson by someone without a key to the premises.

Motives in Arson
Motive
 Motive is the moving cause which induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?


 No. motive is not necessary to be proven in criminal proceedings but once motive is shown, then intent can
easily established.

Quest Review Center – Crime Detection and Investigation 77


 In the crime of arson, the distinction between motive and intent is clearly defined. INTENT is a material
element of arson while motive is not. INTENT is the purpose of design with which the act is done and
involves the will while MOTIVE is what induces the criminal.

Motive Can Be Established By:


I. Economic Gain
A. Insurance fraud with the assured directly benefiting:
1. Desire to move
– the premises may no longer be desirable because of the condition of the building, the fact that the
quarters are outgrown or because of the locality.
2. Disposing of Merchandise
– the stocks on hand may have lost value by reason of the seasonal nature of the business,
obsolesce, scarcity of materials necessary to complete the contracts, overstock in the absence of
expected order or a changing market.
3. Property Transaction
– the business itself may no longer be desirable because of impending liquidation, settlement of an
estate of which it is a part, the need for cash, prospective failure, the comparatively greater value of
the land, or the comparatively greater value of the insurance benefits.
B. Profit by the Perpetrator other than the assured:
1. Insurance agents wishing business
2. Insurance adjusters desiring to adjust a loss by securing a contract
3. Business competitors
4. Persons seeking jobs as protection personnel
5. Salvagers
6. Contractors wishing to rebuild or wreck

Concealment of Crime:
 the arsonists may set fire to a building in order to conceal a projected or past crime. He may wish
to divert attention in order to loot the burning premises or steal in other places. The burning may be
for the purpose of destroying evidences.

Punitive Measure:
- An arsonists may use fire as a means of punishing another person for reason of jealousy, hatred or
revenge.

Intimidation or Economic Disabling:


- The fire may be used as a weapon of the saboteurs, the strikers or the racketeers to intimidate or to disable
economically as a step toward forcing submission to certain demands.

Pyromania
– is the uncontrollable impulse of a person to burn anything without motivation. Pyromaniacs usually do not
run away from the scene of the crime, usually alone and feel satisfied watching the flame

Types of Pyromaniacs:
1. Abnormal Youth – Epileptics, imbeciles and morons may set fire without knowing the seriousness of the
act.
2. The Hero Type – a person may set fire on a building, subsequently pretends to discover it and turn in the
alarm so that he will appear a hero to the public. A person may burn a building and endeavor to achieve
spectacular rescue in order to attract the attention of spectators.
3. Alcoholics and Drug Addicts – persons who subject themselves to intense artificial stimulants such as
narcotics sometimes develop a strong urge toward incendiaries.
4. Sexual Deviates – some sex perverts derive sexual stimulation from setting a fire and watching the flame.
Frequently, he is chronic masturbator who stimulates and enhances his sexual gratification by means of
arson.

Public Disturbance
- an offender may resort to arson as a means of a public disturbance because a fire attracts people and
destruction causes confusion that gives rise to attendant problems that divert police attention.

Vandalism
– is a general term denoting intentional burning to destroy properties.

In determining motive, a fire investigator concentrates on three major factors:


1. Points of origin of the fire
2. Modus operandi of the arsonist
3. Identify of persons who might benefits from the fire.

Incendiary Materials
- materials used to start a fire; combustible fuels
1. Arson Chemicals (liquids) – are incendiary materials often used by arsonists as accelerants. Possess
excellent properties. Examples: alcohol, benzene, petroleum ether, gasoline, kerosene, naptha, turpentine.

Quest Review Center – Crime Detection and Investigation 78


2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, propane, these are common gases
resulting in fires from explosion. These when mix with air possess excellent in ignition properties and when
present in an enclosed area can lead to explosion.
3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates, permanganates – are typical families of
oxidizing agents which give off oxygen on decomposition thus aiding in combustion.

FIRE CODE OF THE PHILIPPINES

Republic Act No. 9514


- Approved on December 19, 2008
- Repealed PD 1185
- known as the "Revised Fire Code of the Philippines of 2008".

Definition of terms
Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and manages the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.

Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of
nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro
cellulose) as base.

Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste
paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the
bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and
smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements
produces a rapid drop in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system which automatically closes to restrict the
passage of smoke or fire.

Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts
and then cooling and condensing the resulting vapor so as to produce a nearly purified substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an
explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between
two conductors or terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the
manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire
escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or
fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life
and property and to suppress the fire.

Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Quest Review Center – Crime Detection and Investigation 79


Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of
fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and
property.

Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed at all times for the
expedient operation of fire fighting units.

Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to include
but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors
for heat, smoke and combustion products and other warning system components, personal protective equipment
such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to
protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of
egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire,
smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among
others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of
fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke
sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components
or contents with flame retardant chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an
ignitable mixture with air.

Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.

Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces
materials which are likely to cause fires or explosions.

Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same
floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consists of combinations of fuels and oxidizers which ignite
spontaneously on contact with each other.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of removing
solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of
materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.

Occupancy - The purpose for which a building or portion thereof is used or intended to be used.

Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with
the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in
contact with combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current
beyond the designed capacity of the existing electrical system.

Owner - The person who holds the legal right of possession or title to a building or real property.

Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to
discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at
above normal atmosphere pressure into the same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or
assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or
otherwise permanently appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce
a pure element of compound. It shall also refer to partial distillation and electrolysis.

Quest Review Center – Crime Detection and Investigation 80


Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of
fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area
with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or
combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor,
including a system by which water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to
the top of the building.

Collection of Liquid Samples for Accelerant Testing


Liquid accelerants may be collected with
a. New syringe
b. Siphoning device
c. Evidence container itself
d. Sterilize cotton balls or gauge pads may also be used to absorbed the liquid

Where liquid accelerants are believed to have become trapped in porous materials such as concrete floor:
a. Lime
b. Diatomaceous earth
c. flour

Collection of liquid evidence absorbed by solid materials including soils and sand:
a. Scooping
b. Sawing
c. Scraping
d. Core drilling

Collecting of Solid samples for accelerant testing


Solid accelerant may be common household materials and compounds or dangerous chemicals. When collecting
solid accelerants:
a. The fire investigator must ensure that the solid accelerant is maintained in physical state in which is found
b. Some incendiary materials remain Corrosive and Reactive
c. Ensure the corrosive nature of these residue does not attack the packaging container

Collection of Gaseous samples


Method of Collection:
a. Use of commercially available mechanical sampling device
b. Utilization evacuated air sampling cans. These cans are specifically designed for taking gaseous samples
c. Use of clean glass bottled filled with distilled water. Distilled water use as it has had most of the impurities
removed from it. This method simply require the investigator poured the distilled water out of its bottle in the
atmosphere to be sampled. As distilled water leaves the bottle it is replaced by the gaseous sample

Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipments and Components


Before wires are cut, a photograph should be taken of the wires, and the both ends of the wire should be tagged
and cut so that they can be identified as one of the following:
a. The device or appliance to which it was attached or from which it was severed
b. The circuit breaker or fuse number or location to which the wire was attached or from which it was severed
c. The wire’s path or the route it took between the device and the circuit protector,
electrical switches, receptacles, thermostats, relays, junction boxes, electrical distribution panels, and
similar equipment and components are often collected as physical evidence.

Prepared by:

Prof. Felino “Idol” Aguit Bragado


Prof. Virgilio A. Beringa, Jr., M.S. Justice
Prof. Abelardo D. Sevilla, M.S. Justice
Prof. Bryan T. Yang

Quest Review Center – Crime Detection and Investigation 81


Compiled by:

QUEST REVIEW CENTER for QRC Reviewees

Quest Review Center – Crime Detection and Investigation 82

You might also like