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PROSECUTION – brought to court of justice to guilt or the innocent of the accused.

The trial cannot proceed if


the prosecutor is absent. Without the public prosecutor trial may not proceed.

PROSECUTOR is the one who Established or determine the probable cause to be present to the judge.

The trial cannot proceed without the presence of prosecutor without public pros., the trial will postponed
legal process by which accusation are brought to court of justice to determine the guilt or innocence of an
accuse.

INVESTIGATION

1. To identify the suspect

2. Locate the suspect

3. Provide evidence of his guilt

PREPARATORY STAGE OF CRIMINAL ACTION

1. Police investigation – police will established what right has violated, who, when and where it was violated,
how it was violated, why it was violated

2. Preliminary investigation – conducted by the investigating prosecutor

Cases filed in the office of prosecution, will raffled primary duty of prosecution – determined the existence of
probable cause through the conduct of preliminary investigation

PROBABLE CAUSE – for filing the information to court

TRIAL – due process must be observe (due process is law that hears before it is condemned)

JUSTICE – not only for the victim, must also be serve to the offender - fair trial, fair prosecution, fair judgement

PRELIMINARY INVESTIGATION

- Vital on the part of the respondent


- Respondent is given chance to defend himself, chance to present evidence
- Absence of P.I. Is tantamount to absence of due process

1. P.I. – MANDATORY – if the impossible penalty is 4 years, 2 months and 1 day

2. P.I. – DISCRETIONARY – if less than 4 years, 2 months, and 1 day

INQUEST PROCEEDING – is an informal and summary investigation conducted by a public prosecutor. In


criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued.

- absence of P.I.
- validity of arrest
- if arrest is unlawful, the respondent will be release to the custody of police officer.

Once The Accused Receive A Complaint – 5 days period to file a motion for reinvestigation
PROBABLE CAUSE means that a reasonable person would believe that a crime was in the process of being
committed, had been committed, or was going to be committed.

PROSECUTOR HOLD VERY IMPORTANT/POWERFUL OFFICE BECAUSE

1. He decides whether to prosecute the case or not.


2. Has the power to dismiss the charges
3. Required the accused to plea bargaining for a lower offense
4. He may hold the case open for further action if warranted
5. He can terminate the proceeding of any case anywhere in the system

PROSECUTION IS THE PROSECUTION ARMED OF THE GOVERNMENT

- under the executive department


- under the DOJ

RFI – Return For Further Investigation

PERSONS EMPOWERED TO CONDUCT P.I.

1. National state prosecutor


2. Regional state prosecutor
3. Provincial or city state prosecutor
4. Comelec – during election period

FUNCTIONS OF PROSECUTION

- to protect the innocent against hasty oppressive and malicious prosecution


- to secure the innocent from open and public accusation
- to protect the state from useless and
expensive trial

REMEDIES

1. To file a criminal case against the accused

2. To file an administraive case

3. To hold him civilly liable

4. To file a case for mandamus (mandate/order/command to do what is due him to performed)

IN PROSECUTION – raffle the case for investigating prosecutor – investigating prosecutor serve a subpoena
to the respondent within 15day period – once pros. Received all the documents, he will examined and
determine probable cause – if there is, prepare documents:

1. Resolution inclusive of his findings


2. Information
IF THE RESOLUTION IS AVERSE TO THE PARTY, THE PARTY MAY FILE MOTION FOR
RECONSIDERATION FOR A PERIOD OF 5 DAYS EVEN IF THE INVESTIGATING FISCAL DISMISS THE
CASE. THE COURT HAS THE POWER TO DISMISS THE CASE ONCE FILED

NAPROS – national prosecution – within the doj – under sec. of justice – compose of prosecution staff headed
by the chief state prosecutor

CITY – territorial jurisdiction of the city

provincial – municipalities

COURT

• Supreme Court

• Court Of Appeals

• Courts Of General Jurisdiction – regional trial court

• Court Of Limited Jurisdiction - municipal trial court (because the jurisdiction of mtc is only on cases which
impossible penalty does not exceed 6 years

• Anti-Graft Court – sandiganbayan

 Supreme Court – period to render decision – 2 years

 Court Of Appeals – 1 year period to render decision – ang inaapela ay decision hindi kaso

 RTC – 90 days period

ESTOPPEL – Sit On The Right – hindi ipinaglaban ang karapatan

Estoppel In Pais and Estoppel By Laches

FAILURE IN COURT – clog in court dockets

PROSECUTION – given only 30 days to solve complaint

FAILURE IN JAIL – congestion inside the cell

PLEA BARGAINING – accused will plea on his guilt to lessen the penalty and will be able to apply probation

Supreme Court – 15 justices – 1 chief justice and 14 associate justices divisions – 3, 2, 5,

AMICUS CURIAE – friend of the court

SANDIGANBAYAN – not all persons are charge, only public officers (city councilors, vice mayor in
municipalities) – salary grade of 27 – limited, civilian is not included unless there is conspiracy.

BENCH WARRANT – arrest of the witness – non bailable – ang magpapalaya ay sarili, pagtetestify

BAR – persons authorize to practice legal profession

JURISDICTION

- over the person or the accused


- jurisdiction over the territory
- person over the case
VENUE – location where the case is to be tried on the merits

BAIL – security given for the release of the person in custody of law generally speaking, all cases are bailable
– filing motion for bail

BAIL – established that the evidence of guilt is not strong bail as a matter of right and bail as a matter of
discretion.

COURT OF APPEALS – 51 justices (dati)

RTC – 720

FUNCTIONS OF THE COURT

1. Keeping peace – domestic peace; penalty is deterrence

2. Deciding controversies – whether is favorable or adverse to others.

COURT OF TAX APPEAL – tax cases

2-FOLD RULE OF THE COURT

1. Capacity as participants – court played as arbiter

2. As a supervisor – court has noble mission as protector of human rights.

DECISION OF THE COURT IS NOT FINAL ALWAYS. 15 DAY PERIOD TO FILE M.R. AND APPEAL

BLINDED WOMAN – supervision of justice; penalty imposed is just.

CORRECTIONS

• attacked by public because of congestion inside jail due to number of pdl’s

• UNDER DOJ – BUCOR

• BJMP – created by R.A. 6975

3 TYPES OF AGENCY RESPONSIBLE FOR

1. BUCOR – treatment of national prisoners (more than 3 years)

2. Provincial jail – governor is warden

3. BJMP – overall city and municipal

JAILS PURPOSES OF PENOLOGY

1. Deterrence

2. Rehabilitation – help criminals adjust to society; therapeutic treatment

3. Reintegration
4. Isolation of prisoners

5. Punishment

HEAD OF BUCOR, BJMP, PROVINCIAL JAIL

7 OPERATING UNITS OF PENOLOGY

1. New Bilibid – Muntinlupa


2. Correctional Institution for Women – in Mandaluyong City, Mindanao, Paano and Davao
3. IWAHIG (palawan; incorrigible or beyond reformation) – Puerto Princesa City
4. SABLAYAN – Occidental Mindoro
5. DAVAO PRISON – Panabo and Davao
6. SAN RAMON PRISON – Zamboanga City
7. LEYTE REGIONAL PRISON – Abuyog Leyte

DUTY OF THE COMMUNITY

1. Identifying the offenders

2. Give data about illegal activity of criminals

3. Proliferation of organize crime and syndicate

4. Volunteering as witnesses

5. Adopting precautionary and remedial measures to diminish crime

CRIME SCENE INVESTIGATION – multidisciplinary and involves a systematic search of the crime scene;
meticulous observation and documentation of the scene ; photography and sketching of the scene ; the
identification, processing and collection of physical evidence such as fingerprints, footwear, impressions, hair,
fibers.

PURPOSE OF CRIME SCENE INVESTIGATION – Is to establish what happened (crime scene construction)
and to identify the responsible person.

METHODS OF CRIME SCENE SEARCH

1. LINE(STRIP) METHOD - Large outdoor scenes ; members line up (arms length) and walk a straight path.
2. GRID SEARCH – Large outdoor crime scenes ; searchers follow the first line pattern then searchers
realign and continue going the other way (vertical/horizontal)
3. ZONE/QUADRANT METHOD – Crime scenes with definable zones (houses, buildings) ; teams are
assigned small groups and other appropriate search methods are applied.
4. SPIRAL METHOD – Crime scenes with no physical barriers (bodies of water) ; can be an outward or
inward spiral.
5. WHEEL/ RAY METHOD – Small, circular crime scenes ; start along a critical point and move along straight
lines from this point.
6. LINK METHOD – has no set patten ; investigators proceed with a more logical approach to connect or link
evidence together ; works with small, large, indoor, and outdoor crime scenes.
SIX STEPS TO ACHIEVE (CRIME SCENINVESTIGATORSRS

1. ASSESMENT – Conducted before any other actions are performed and is an ongoing process throughout
the crime scene investigation.
2. OBSERVATION – ongoing process throughout the investigation.
3. DOCUMENTATION – recording the investigators observation.
4. SYSTEMATIC SEARCHES – to locate and collect physical evidence. Begins with minimally intrusive visual
search
5. ONCE THE SEARCH – physical evidence is located, the physical evidence by variety of methods.
6. THE COLLECTED physical evidence is submitted to the appropriate laboratory to be analyzed and
interpreted for its significance to the case.

EVIDENCE – anything that tends to prove or disprove a fact in contention.

TWO TYPES:

1. TESTIMONIAL – information obtained through oral statements of suspects, victims, and witnesses.
2. PHYSICAL – certains to the broad category of material objects through which the crime committed.

EFFECTS OF PHYSICAL EVIDENCE

PREDICTABLE – changes to the scene or the evidence that happen in a regular way, for example the
succession of diff. insects into a dead body (entomology)

UNPREDICTABLE – Changes that occurin the crime scene in unexpected way, for example disturbance
produced to the crime scene by the actions of emergency team.

TRANSITORY – changes that are fragile and will be destroyed by the time of the environment.

THREE TOOLS OF INVESTIGATION


1. INFORMATION

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

Classes of Information

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

INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain information


from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.

This is the questioning of a person believed to possess knowledge that is in official interest to the
investigator.

PHASES/STAGES OF CRIMINAL INVESTIGATION


1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal

METHODS OF IDENTIFYING CRIMINALS

a. By confession or admission of the criminal himself


b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence

Identification by the Method of Operation (Modus Operandi

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

Types of Confession

a. Extra-Judicial Confession – those made by the suspect during custodial investigation.


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

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


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

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act


b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.

It could be inferred from the following:

a. The suspect could have been in the vicinity of the crime scene at the time it was committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

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

What Constitute a Crime Scene?

a. Crime scene can be understood to include all areas in which the criminal, any possible victim and any
eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.
GOLDEN RULE AT CRIME SCENE INVESTIGATION

Never touch, move, or alter any object at the crime scene unless it has been photographed, measured,
and sketched from any conceivable angle.

PHOTOGRAPHING THE CRIME SCENE

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

MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – photograph of the over-all scene.

Distance: From the doorway to the room and other corners of the room

2. Mid-Range View

Distance: Eight or ten feet from the victim

3. Close-up View – every physical evidence must be photographed in close-up view and for different angles.

CRIME SCENE SEARCH

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

METHODS OF SEARCH

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

Death or physical injuries inflicted under exceptional circumstances– Any legally married person who,
having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.
Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is, indeed, dead.
Police officers do not have the legal authority to pronounce death, only physicians/medical doctor can establish
the fact of death. For this reason, the police officer should never assume death unless the condition of the
victim’s body demonstrates death in a totally obvious manner.

A. Death – death is defined as the absence of life in a living matter.

B. Kinds of Death
1. Somatic Death – Clinical Death

It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions of
an organism. It is usually pronounced by a physician or other members of the family.

2. Molecular Death- Cellular Death


It is the cessation of life of the individual cells in the whole body, which occurs one at a time after somatic
death.
3. Apparent Death – State of Suspended Animation

It is the state of temporary cessation of vital activities of the body or vital processes were depressed to the
minimum compatible with life. This condition is not actually death although classified under the kinds of
death, because the person or organism is still alive although it seems that there are no signs of life.

C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive and identity
of the perpetrator, with the identity known, the investigator can focus attention on the victim’s background and
establish a possible motive through such information. Victims encountered in indoor scenes will normally have
identifying data on the body, or such data will be available throughout the crime scene. In outdoor scenes,
such evidence is normally not as readily available, since the victim is removed from the personal environment
and also outdoor scene may not be discovered for long period of time; thus evidence may be destroyed by
elements of nature or will be lost. If there are no identifying papers on the victim’s person, fingerprint should
be used as means of identification. If fingerprint identification is unsuccessful, the investigator must rely on
other methods to establish identity.

Dental structures are highly resistant to destruction, and are frequently useful when the other portions
of the body are totally decomposed (Forensic Odontology). The skeletal remains of the victim may also help to
determine identity, as well as yield other types of information. If bone fractures are noted, they may be used to
identify the deceased, but if only corresponding medical records can be located. The widths of the pelvic bones
are excellent indicators of the victim’s sex; Determination of the victims age maybe more difficult, in that the
victims past the age of eighteen years have generally achieved their maximum skeletal growth. However,
general age determination can be established via dental structure.
A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person


1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper union of the fractured
bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide investigations. This fact is
significant because of its investigative importance in corroborating or disputing alibis, or in establishing the
victim’s movements prior to death. Determining death is not an exact science.
POST-MORTEM CHANGES
1. POST-MORTEM LIVIDITY (Livor Mortis) – Discoloration of the body after death; setting of blood in
the dependent portions of the body following death).

It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of blood
in the small vessels of the dependent areas secondary to gravity. This pooling of blood begins immediately
after death and becomes fixed in approximately 8-12 hours. The investigator can press on the skin in the
dependent regions and if the skin blanches, death has probably occurred less than 12 hours. This becomes
fixed after a while and can tell if the body has been moved. This is not a reliable indicator of time of death. This
is a better indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:

1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color


2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY

1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body changes. Blood
remains fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body in the earlier stages
of death.

2. POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the
muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the body after death due
to the disappearance of Adenosine Triphosphate (ATP) from the muscle.

- Rigor mortis disappears with decomposition.

- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
- Involves all muscles the same time at the same rate.It appears first in the smallermuscles such as the
jaw and then gradually spread to upper and lower extremities.

- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine poison.

Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and 36 to 48
hours during summer in the same.

3. ALGOR MORTIS(Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under normal conditions and
assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting AlgorMortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2 days
after death and then finally the dead body becomes skeletal remains in months considering the factors that
influence the rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours. The
maggots will feed vigorously on the damaged dead body, then transform into pupal stage and finally into adult
flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted or
coagulated in a slow process until 12 hours wherein the lividity is already fully developed.

7. CHANGES IN STOMACH

It usually takes three to four hours for the stomach to empty its contents after meals.

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1. Hanging – is a state of injury or death of the body whereby the ligature tightened around the neck by the
suspension of the body.
A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some evidence
to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and downward as the body has
been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.

2. Strangulation

Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck and the
two ends pulled in the opposite direction in such a manner that tightens the ligature. Ligature used may be
rope, chain, wires, vines, rolled clothing.

SUICIDES

Ways of Committing Suicide

1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning

ACCIDENTAL DEATH

Is death which occurs beyond the sway of ones will and although it comes about through some act of
will, lies beyond the bounds of human forceable consequences.

How Accidental Deaths Occur

1. Examination of the body revealed marked tearing of the wearing apparel, burns of different degrees on
the skin surface, wounds of almost any description and almost the whole body is affected by the injury.
2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to house, tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighborhood on account of extreme heat.

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

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
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

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

Theories of Combustion

Fire Triangle Theory – Three elements necessary to create/produced fire in equal proportion;

Fire Tetrahedron Theory – The fourth element of hire known as the “Chemical chain reaction.”

Life Cycle of Fire Theory – Stages/steps wherein fire is created.

Fire Triangle

1. Heat– a form of energy measured in degree of temperature, the product of combustion that caused the
spread of fire. For a fire to start there must be a source of ignition, usually heat or a spark. Heat
sources include: open flame, hot surfaces, sparks and arcs, friction-chemical action, electrical energy
and compression of gases.
2. Oxygen – a colorless and odorless gas and one of the composition of air that supports fire which is
approximately 21% by volume. Oxygen – A source of oxygen is needed. Approximately 16% is
required. Normal air contains 21% oxygen. Some fuels contain enough oxygen within their make-up to
support burning.

Fire Tetrahedron
The fire triangle theory describes the three elements of a fire as shown in. Another explanation of the
requirement of combustion uses a four-sided figure called tetrahedron, a new theory that explains combustion
and extinguishment

Fire Tetrahedron. The combustion reaction can be characterized by four components: the fuel, the
oxidizing agent, heat, and an uninhibited chemical chain reaction. These four components have been
classically symbolized by a four-sided solid geometric form called a tetrahedron. Fires can be prevented or
suppressed by controlling or removing one or more of the sides of the tetrahedron.

The fourth element of the tetrahedron explanation is known as chemical reactivity, or chemical reaction. Both
theories, are used to explain what causes fire. Each element of tetrahedron must be in place for combustion to
occur. This theory is extremely important to students of fire suppression, prevention, and investigation. If
ignition has already started, the fire is extinguished, if one of the elements is removed from the reaction.

Elements of Fire Tetrahedron

1.Oxygen (oxidizing agent)- material/substance that yield oxygen or oxidizing gases during the process of a
chemical reaction. Oxidizers are not themselves combustible, but they support combustion when combined
with fuel. For purposes of discussion, the oxygen in the air in the surrounding area is considered the primary
oxidizing agent.

2. Fuel (Reducing agent) – material or substance being burned in the combustion process. The fuel in a
combustion reaction is known as the reducing agent. Most common fuels contain carbon along with
combinations of hydrogen and oxygen.

3. Heat (Temperature) the energy component of the fire tetrahedron. When heat comes in contact with a fuel,
the energy supports the combustion process. A form of energy generated by the transmission of some other
form of energy, as in combustion or burning.

4. Self Sustained Chemical Reaction (the fourth element) – a series of events that occur in sequence with
the results of each individual reaction being added to the rest.

Once flaming starts, it can only continue when enough heat or energy is produced to cause the
continued chain reaction.

Combustion or burning is a complex sequence of Exothermic chemical reactions between a fuel and an
Oxidant accompanied by the production of heat or both heat and light in the form of either a glow or flames,
Appearance of light flickering.

Fire and combustion are terms that are often used interchangeably. Technically speaking, fire is a form of
combustion. Combustion is a self-sustaining chemical reaction producing energy or products that cause more
reactions of the same kind. Combustion is an Exothermic reaction.

PD No. 1613 - Amending the Laws on Arson.


SUBJECT-3 – CRIME DETECTION AND INVESTIGATION FIRE

TECHNOLOGY AND ARSON INVESTIGATION

Technology and causes of fire; Fire

Triangle Theory

The graphical representation of the three elements of fire, namely: Oxygen, Heat, and Fuel.

Each side is just as important as either of the other two sides. There cannot be fire without all the three
parts present in equal proportion.

Using the same theory, there are three ways to extinguish fire:

1. Remove the fuel


2. Cut-off the oxygen supply
3. Reduce the temperature (cooling)

Elements of Fire

1. Heat - a form of energy generated by the transmission of some other form of energy, as in combustion or
burning.

Heat Sources:

1. Open flame 4. Hot surfaces


2. Electrical circuit 5. Friction
3. Sparks 6. All sources of ignition

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

3. Fuel - any substance which reacts chemically with oxygen and produces flames. The most important element
of fire.

Fuel Sources:

1. Solid - molecules are closely packed together


2. Liquid - molecules are loosely packed
3. Gas - molecules are free to moved

Fire Tetrahedron

The fire, triangle theory describes the three elements, of a fire as shown in Figure 1.1. Another explanation of the
requirement of combustion uses a four-sided figure called tetrahedron as shown in Figure 1.2. Both theories are used to
explain what causes fire. The fourth element of the tetrahedron explanation is known as chemical reactivity, or chemical
reaction.

For Combustion to occur, four elements are necessary:

1. Oxygen (oxidizing agent)


2. Fuel
3. Heat
4. Self - sustaining chemical reaction.

These elements can be graphically described as the fire tetrahedron. Each element of the tetrahedron must be in place
for combustion to occur. This theory is extremely important to students of fire suppression, prevention, and
investigation. Removing any one of the four elements combustion will not occur. If ignition has already started, the fire
is extinguished, if one of the elements is removed from the reaction.

Components/Elements of the Fire Tetrahedron:

1. Oxygen (Oxidizing Agent)

Oxidizing agents are those materials that yield oxygen or other oxidizing gases during the process of a chemical reaction.

2. Fuel (Reducing Agent)

Fuel is the material or substance being burned in the combustion process.

3. Heat (Temperature)

Heat is the energy component of the fire tetrahedron. When heat comes in contact with a fuel, the energy supports the
combustion process.

Combustion Reactions/Process:

• Causes pyrolysis or vaporization of solid and liquid fuels and the production of ignitable vapors or gases;
• Provides the energy necessary for ignition;
• Causes the continuous production and ignition of fuel vapors or gases to continue the combustion reaction.

Types of Energy: (Common Sources of Heat)

1. Chemical Energy

It is the most common source of heat in combustion reactions. When any combustibles are in contact with oxygen
oxidation occurs. The reaction of this process results in the production of heat. Examples: Heat generated from a
burning match, Self-heating (spontaneous heating). 2. Electrical Energy

Electrical energy can generate temperatures high enough to ignite any combustible materials near the heated area.

3. Nuclear Energy

Nuclear heat energy is generated when atoms either split apart (fission) or combine (fusion). Examples:

a. Fission heats water to drive steam turbines and produce electricity.

b. The solar energy is a product of a fusion reaction (a form of nuclear energy).

4. Mechanical Energy

An energy created by friction and compression.

•Heat of Friction - is the movement of two surfaces against each other. This movement produced sparks being
generated.
•Heat of Compression - heat is generated when a gas is compressed in a container or cylinder.

Self-Sustained Chemical Reaction (the fourth element)


Combustion is a complex reaction that it requires a fuel (gaseous or vapor state), an oxidizer, and heat to combine in a
very specific way. Once flaming starts, it can only continue when enough heat or energy is produced to cause the
continued chain reaction. Chain reaction is a series of events that occur in sequence with the results of each individual
reaction being added to the rest. Combustion

Fire and combustion are terms that are often used interchangeably. Technically speaking, fire is a form of combustion.
Combustion is a self-sustaining chemical reaction producing energy or products that cause more reactions of the same
kind. Combustion is an exothermic reaction. Fire is a rapid, self-sustaining oxidization process accompanied by the
release of heat and light of different intensities. The time it takes a reaction to occur determines the type of reaction
that is observed.

Products of Combustion

Four (4) Categories of products of combustion:

1. Fire gases

— are those that remain when other products of combustion cool to normal temperature. Common combustibles
contain carbon, which forms carbon dioxide and carbon monoxide when burned. Other fire gases include hydrogen
sulfide, sulfur dioxide, ammonia, hydrogen cyanide, nitrous and nitric oxide, phosgene, and hydrogen chloride.

The records of fatal fires show that more people died from inhaling these super-heated and toxic fire gases than from
any other cause.

The complete combustion of fuels containing carbon will produce CO 2, but seldom will there be enough oxygen for
complete combustion. When only part of the carbon is oxidized, carbon monoxide is formed. While carbon monoxide is
not the most toxic fire gas, it causes mote deaths than any other because robs the body of oxygen

Types of Poisonous Gases:

Hydrogen Sulfide (H2S)

Hydrogen Cyanide (HCN)

Hydrogen Chloride (HCl)

2. Flame

It is the luminous body of a burning gas which gets hotter and less luminous when mixed with more oxygen. Flame fades
when carbon burns completely, so flame is considered a product of incomplete combustion.

It is the manifestation of fire when the fire is in its gas-phased combustion.

Nature of Fire

Even the most flammable materials (capable of being easily ignited) do not actually burn. The vapor given off by
a material is the part that burns. When a piece of wood is ignited, the fire is not from the burning wood, rather, from the
vapors that are given off by the wood. The heat causes the substance in the wood to vaporize. The heated vapors mix
quickly with oxygen in the air and fire results. This process is known as Pyrolysis.

Pyrolysis

It refers to the chemical process whereby fire consumes the most solid part of the fuel. It is the thermal
decomposition of a solid fuel through the action of heat.

The process of Pyrolysis involves the following:

1. The fuel is heated until its temperature reaches its fire point;
2. Decomposition takes place — moisture in the fuel is converted to vapor;
3. Decomposition produces combustible vapors that rise to the surface of the fuel. These combustible vapors are
technically termed as free radicals;
4. Free-radicals undergo combustion if proper amount of oxygen is present.

The most common type of free-radicals - (combustible vapors):

1. Hydrogen gas
2. Carbon monoxide
3. Carbon dioxide
4. Nitrogen

Most fires will involve incomplete combustion, producing CO and carbon particles along with heat, water vapor, and
CO2.

A fire involving material other than hydrocarbons and oxygen will produce combustion products composed of
the atoms and molecules forming the material together with the oxidizer used for the support of the combustion. This is
the reason a poisonous fuel may give off poisonous fumes and smoke.

3. Heat

A form of energy measured in degree of temperature, it is the product of combustion that spread the fire. It causes
burns and other injuries such as dehydration, heat exhaustion, and respiratory tract injuries. Heat, oxygen depletion,
and carbon monoxide formation are the primary hazards in fires.

4. Smoke

It is the visible product of incomplete combustion, usually a mixture of oxygen nitrogen, carbon dioxide, carbon
monoxide, finely divided particles of soot and carbon, and miscellaneous assortment of product released from the
burning material.

Classification of Fire

By knowing the classes of fire a certain material will fall into, you will be able to make intelligent firefighting
decisions.

A. Based on Cause:
1. Natural fire
2. Accidental fire
3. Intentional fire
B. Based on Burning Fuel

Four (4) Classes of Fire

1. Class A

Materials involving vegetable fibers, wood, paper straw, grain, and grass; combustible minerals such as coal and coke.
Nearly all thrash fires are considered as Class A.

2. Class B
Materials including petroleum products such as gasoline, fuel oils, lubricating oils, and greases; animal fats such as
butter, lard, and tallow; vegetable extracts such as alcohol, linseed oil, and turpentine; vegetable compounds such as
shortenings and oleomargarines; natural gases and compressed gases such as butane, propane, hydrogen, and
acetylene.

3. Class C

This type of fire involves electrical motors, electrical appliances and apparatus. Actually a Class C fire is composed
usually of Class A and Class B materials or a combination of both. Use of water is usually dangerous because of the risk
of electrical shock. 4. Class D

6.2 Basic principles in Fire and Arson investigation

FIRE INVESTIGATION

This chapter will point out the main features of fire Investigation. Fire investigation is by nature the basis for fire
prevention program. Only an in-depth analysis of what sequences of events enable a fire to start, enabled it to spread,
and how and where it was controlled (e.g., firefighting, structural design, lack of fuel) can help prevent future fires.
Additionally, fire investigation includes the observations of everyone involved, and at the fires themselves there are
many firefighters who will able to shed light on the nature of the fire, its progress, and so forth.

One of the most difficult problems to solve is to determine the cause of the fire, since the flames generally
consume any evidence of what occurred. This is the reason that the cause of most fires cannot be determined without a
long and careful investigation.

Firefighters often make snap judgments at the scene as to the cause of a fire, without an adequate evidence or

sufficient investigation on which to base their decision. Apparently, there is hesitation on the part of the firefighters to
admit that they do not really know the real cause of the (approximately 4% of those reported) are listed as “cause
known.” Instead, the fire is attributed to various causes without apparent regard to actual evidence or to lack of it.

Some of the favorite causes listed by firefighters, when they are not certain of the actual cause, are faulty
wiring, children playing with matches, spontaneous combustion, sparks from stove, burning rubbish, and careless
disposal of smoking materials.

The very general and indefinite nature of these causes indicates that, in most cases, they are based on
assumptions, rather than on evidence.

In this relation, the material or book will assist you in performing or conducting investigation to determine the

causes and origin of a fire.

No matter how small, fire must be investigated. Fire investigations provide authorities with information needed
to guide fire prevention educational programs, help fire inspectors in spotting and eliminating new or previously
overlooked hazards, and develop meaningful information for training fire protection personnel.

As far as fire investigation is concerned, they must be defined as:

• Cause - that which made the fire start; and

• Reason - that which led to the cause of a fire (a motive leading to the action).

Both cause and reason must be established to satisfactorily complete a fire investigation. The “cause” explains
the existence of fire, or the WHAT of investigation; while the “reason” establishes the WHY of the fire and investigation.
Both are required to correctly classify the fire, and also to provide guidance in establishing corrective action to preclude
a recurrence of the incident.

The importance of the establishment of a fire cause is the knowledge of the physical aspects of fire.

Four General Classes of Fire Causes

1. Natural Fire

fire caused naturally without human intervention or aid; such as lightning, spontaneous ignition, mechanical
malfunction of equipment.

2. Accidental Fire

fire causes where human action is involved directly or indirectly. i.e. a). Careless disposal of smoking materials;

b). workers using welding-cutting equipment 3. Arson fire cause as a result of the willful and criminal action of some

persons, i.e., incendiary fire.

4. Unknown Fire fires which are not

classified as to cause.

Three General Classifications of Fire

1. Innocent fire - e.g. natural and accidental causes

2. Incendiary fire - e.g. arson cases

3. Unknown fire - e.g. fire of unknown causes.

Fire Investigation and Evidence Kit

Evidence kit provides equipment for use in the investigation and for the preservation of any evidence found at
the scene after that evidence has been photograph in its original location.

• Special clothing such as: coverall, gloves, boots used to protect uniform;

• Flashlight and electric lantern;

• Measuring tape and small ruler for making measurements;

• Labels (gummed and stringed) used to identify items;

• New or sterile glass jars with rubber airtight seals used for the collection of samples;

• Envelopes, boxes, plastic bags, metal cans used for the collection (assorted sizes) used for collection of
samples.

Basic Steps in a Fire Scene Examination

Search systematically

Observe

Take photograph

Work by the Process of Elimination


Check and Verify

Take Note

Draw diagrams

Areas to Conduct Fire Investigation

Exterior

Determine where the fire vested first by comparing burn char, smoke, and heat patterns around
windows, doors, and roof.

Look for the following:

• exterior points of origin;

• unusual, burn patterns of flammable liquid;

• tools and flammable liquid containers;

• footprints and scuff, marks at suspected points of entry.

Interior

Conduct a cursory examination or general survey of the entire structure of interior for the extent of fire
damage. Establish the class of fire duration approximate burn time by checking the following:

• Window glass condition;

• Depth of wood char, at or in close proximity to the point of origin;

• Penetration of fire restrictive wall coverings by fire;

• Electric clock that has been stopped by fire damage.

• Note the time stopped and compare with alarm time. The time factors should be estimated
and considered as approximation only.

Steps on How to Determine the Point of Origin

1. Examine the entire interior of the building and determine which room or areas have received the most
severefire damage. Generally, this will be the area where the fire burned extensively or the longest and will
very likely be where it originated.

2. Determine the level or origin within the room by examining and comparing the bottom side of the tables,
shelves, and chairs.

3. Examine the ceiling and look for the following patterns:


a) fire penetration and Examine fire damaged furnishing such as: upholstered furniture couches,
chairs, beds, etc.
b) heaviest fire exposure
Two (2) General Types of Burn Pattern
4. Examine the light bulbs within the room. The side of the bulbs which
is initially exposed to heat begin to swell or bulge and lose shape at • Burn pattern that involves a surface burning of the item. This pattern is
about 900 ºF when exposed to heat for 10 minutes or more actually indicative of the presence of a smoldering source of ignition. Examination
point to the area of fire origin. of supporting springs will disclose that tension still exists.
5. Examine walls within the room and look for fire patterns or fire
• Burn, patterns involving deep penetration of one portion with
cones. Fires generally burn upward and outward, leaving corresponding collapse of springs and frame destruction: Spring collapse is
corresponding fire patterns on wall as a result of heat transfer caused when the heating process occurs over an extended length of time,
through convection and radiation. The steepness or relative, pitch of causing the springs to lose their tension and collapses of their own weight.
the angle seen on the fire cone is indicative of the type of burning,
e.g smoldering or flaming Types of Fire/Arson Investigation Basic Investigation

Debris Purposes:

Examine the fire debris and the floor in the following manner: 1. to determine what property was damage;

• Conduct a detailed search of the debris, examining it layer by layer until the 2. what the causes and reasons were;
floor is reached;
3. the number and extent of injuries or fatalities; and
• Completely clean the floor on all debris and char dust. The floor and floor
covering should be clean enough to observe and photograph the significant 4. the recommended corrective actions to prevent
burn and char patterns -and should be dry. recurrence.

• Carefully reconstruct and replace furnishings and other articles in their Technical Investigation
original positions by using burn patterns and corresponding protected
areas. During fire progress, legs and bases of furniture and other items on It is an in-depth investigation to determine more specific details
the floor will protect the floor, leaving unburned marks which will aid in of the cause and effects, and to establish necessary corrective action.
repositioning.
Reasons in Conducting Technical Investigation
• Examine the floor coverings and floor for significant patterns. Furnishings
1. there is suspicion of arson in connection with any fire;
2. there is suspicion of negligence or violation of regulations; In the Philippines, under the DILG or PNP Law, the Bureau of Fire
Protection and Public Safety is the main government agency responsible for the
3. the cause of any fire is undetermined (to establish the most prevention and suppression of all destructive fires on buildings, houses and other
probable cause); structures, forest, land transportation vehicles and equipment, ships or vessels
docked at piers or major seaports, petroleum industry installations, plane
4. there is evidence of negligence or mismanagement in the
crashes and other similar incidents, as well as the enforcement of the Fire Code
fire suppression or rescue operation, (P.D. 1185) and other related law.
5. loss of life or disabling as a result of fire.
It has the major power to investigate all causes of fires, and if necessary,
file the proper complaints with the proper authority that has jurisdiction over the
LAWS ON ARSON case (R.A. 6975, sec 54).

This chapter will present and point out what are the reasons that What Constitute Arson?
contribute to the spread of fire. There are three principal causes of fire namely:
men, women, and children. This statement still has considerable significance 1. Burning - there must be burning or changing, i.e., the fiber of the
because most of the more than one and a quarter million building fires that wood must be destroyed or decomposed, its identity or physical state
occur every year in the United States and Asian countries particularly the changed.
Philippines are cause by human errors either of omission or commission. For that
reason considerable importance is placed upon educating the public along fire 2. Willfulness - the act was done purposely and with intention.
prevention lines or programs. For many years we have referred to the “causes”
of fire. This was not always strictly correct. For example, flammable liquids have 3. Motive - the moving cause that induces the commission of the
been listed as on of the causes of fire, yet flammable liquids cannot alone cause a crime.
fire unless some ignition source is provided, and one may well ask, “What caused
the fire, the flammable liquid or the ignition source? 4. Malice - it denotes hatred or a desire for revenge.

5. Intent - the purpose or design with which the act is done and
In the United, States, the investigation of fires for their causes and the
involves the will to do the act
detection and apprehension of arsonists is correctly the function of the fire
department. Arson and the malicious activities of many persons cause a
Methods of Proof in Arson
significant impact each year in this country and abroad. There are many motives
that contribute to these crimes.
Most of the physical evidence in arson is often destroyed. To prove arson
was committed, Corpus Delicti (the Body of the Crime) must be shown and the
The legal authority for investigating fires and prosecuting people who
identity of the arsonist must be established.
arranged for a fire is usually given to the State Fire Marshall. But proving a case
of arson against one or more persons is another matter entirely, and may not be
What is Corpus Delicti?
possible no matter how convinced the investigator may be of the guilt. The
choice of whether to prosecute is up to the District Attorney’s office as part of
It is the fact of that crime was committed.
the criminal justice system.
Factors involved • His identity;
• What attracted his attention;
1. Burning • The time of observation;
• His position in relation to the fire at the time of his observation;
that there was fire that may be shown by direct testimony of • Exact location of the blaze;
complainant, firemen responding to the crime, and other witnesses of • The rapidity or the speed of spread of the fire;
the fire incident. Burned parts of the building may also indicate location. • Color of flame and odor if he/she is in position to observe this; • Size and
intensity;
2. Crimina1 Design • Any other person in the vicinity seen by the witness.

a willful and intent action done must be shown. The presence of Note Fire Setting Mechanism:
incendiary devices, flammable substances/materials such as gasoline and
kerosene may indicate that the fire is not accidental. • matches
• candles
3. Evidence of Intent • electrical system
• mechanical means
when valuables were removed from the building before the fire, the ill-feeling • chemical methods
between the accused and
Motive
the occupants of the building involved or burned - absence of effort to
put off the fire and such other indications. Fires are set by:

Points of Origin of Fire 1. Persons with motives.

Initially, the important point to be established is the point of origin of the fire, or • those with desire to defraud the insurer
what particular place in the building the fire started. This may be obtained or • employees or such other person who has grievance • those with desire to
established by an examination of witness/es by the arson investigator, by conceal evidence of crime
inspection of the debris at the fire scene, and by studying the fingerprint of fire • those who set fire for purposes of intimidation.

The fingerprint of fire 2. Persons without motive

This occurs during the free-burning stage of the fire, or when it undergoes • those who are mentally ill
pyrolytic decomposition or heated gases move upward on the walls leaving a • pathological fire-setters
burnt pattern. • Pyros (pyromaniac)
• Psychos
Witnesses must be questioned as to:
In determining motive, the arson investigator concentrates on the three (3) Development of Prime Suspects
Major Factors namely:
This identification results from the full development of leads, clues and traces,
1. Point of Origin the testimony of persons particularly eyewitnesses and the development of
2. Modus Operandi expert testimony.
3. Beneficiaries

What are the common motives of arsonist?


Techniques used in investigating Arson Incidents
1. Economic Gain
• search of the fire scene for physical evidence
• Insurance fraud - benefits • protection of the scene
• Desire to dispose merchandise - loss of market value being out of season, lack • mechanics of search
of raw materials, over supply of merchandise. • collection and preservation of evidence
• laboratory aids
2. Profit by the Perpetrator other than the Insured Person • background study of policy holders, occupants of the premises, owner of the
building or other person having major interest in the fire.
• Insurance agent wishing business with the insured person • interview and interrogations of person/s who discovered the fire, the person
• Business competitors plan to drive others who activated the fire alarm, firemen, and eyewitnesses.
• Person seeking job as personnel protection • surveillance
• Salvagers and contractors wishing to contract another building.
Tell Tale Signs

These signs maybe obvious that the first fireman at the fire scene will suspect
1. Concealment of Crime
arson:
when the purpose of hiding a crime or committing a crime, arson was used as a
1. Burned Building
means.
the type of building may indicate a set fire under certain circumstances. A fire of
2. Pyromania the uncontrollable impulse of a person to burn anything
considerable size at the time the first apparatus arrives at the scene is suspicious
without any motivation.
if a modern concrete or semi-concrete building is involved.
• Abnormal youth - epileptics, imbeciles and morons
2. Separate fires when two or more fire breaks out within a
• Hero type - a person responsible setting a building on fire and pretends to
discover it, turn the alarm or make some rescue works to appear as “hero”.
building, the building is certainly suspicious. 3. Color of
• Drug Addicts and Alcoholics
• Sexual Deviates and Perverts smoke
some fire burn with little or no smoke but there are exceptions to this. The Purple-violet flame Potassium products
observation of the smoke must be made at the start of the fire since once the
fire has consumed a major proportion; the value of the smoke is lost, because Greenish-yellow flame Chloride and manganese products
the smoke will not indicate the material used by the arsonist.
Bright reddish-yellow flame Calcium products
•When white smoke appears before the water from the fire hose comes in
contact with the fire, it indicates humid materials burning. Examples: hay, 1. Smoke Marks
vegetables, phosphorous with garlic odor. • Biting smoke indicates lack of air
but if accompanied large flames it indicates petroleum products and rubber. an experienced investigator will determine the volume of smoke involved at a
•Reddish-brown smoke indicates nitrocellulose. SI, fire and the character as residue deposited on walls or elsewhere. Smoke marks
have often been of assistance in determining the possibility of a fire having more
H2, SO4, HNO3, HCl. than one place of origin.

Indication of Color of Smoke and Fire 2. Color of Flame

Color of Smoke Material/Substance The color of the flame is a good indicator of the intensity of the fire, it is an
important factor in determining incendiarism.

• A reddish glow indicates heat of about 5000 ºC., a real light red about 1000 ºC
• Red flames indicate presence of petroleum products
• Blue flame indicates use of alcohol as accelerant

1. Size of fire

The size of fire is important when correlated with the type of alarm, the time
received and the time of arrival of the first responder at the fire scene. Fire
Black smoke with deep red flame Petroleum products such as tar, rubber,
plastics, etc. makes what might be termed a normal progress. Such progress can be estimated
after an examination of the material burned in the building, and the normal
Heavy brown with bright red flame Nitrogen products ventilation offered to the fire. The time element and the degree of headway
much by the flames became important factors to determine possible
White smoke with bright flame Magnesium products incendiarism.

Black smoke 2. Direction of Travel


with red and
blue green While it is admitted that no two fires burn in identical fashion, yet it can be
Asphalt flame shown that the fire makes normal progress through various types of building.
Considering the type of construction, the building materials, combustibility of Interested by-standers of familiar faces and discovery of some objects which
contents, channel of ventilation and circumstances surrounding the sending of might be part of a mechanical fire-setting device among debris.
alarm, an experienced investigator can determine whether a fire has spread
abnormally fast. Arson and other crimes involving destruction

3. Intensity Arson

The degree of heat given off by a fire and the color of its flame often times It is the intentional or malicious destruction of property by fire.
indicate that some accelerant has been added to the material normally present
in a building and the investigator must look further for more evidence used of The Legal Aspect’s of Arson/Fire Investigation
such accelerant. Difficulty in extinguishing the fire is often a lead to suspect
presence of such fluid or liquid as gasoline and kerosene. 1. It is the concern of the fire investigator to prove malicious intent of the
offender. Intent must be proved, otherwise nocrime exist.
4. Odor

The odor of gasoline, alcohol, kerosene and other flammable liquids which are
2. The law presumes that a fire is accidental, hence criminal designs must
often used as an accelerant is a characteristics, and often times an arsonists is be shown.
trapped because of this tell tale sign. Most of fire-setters are inclined to use
3. Fire caused by accident or criminal design must be shown.
substances which will make the blaze certain and at the same time burn up any
evidence of their crime. 10. Condition of Content 4. Fire caused by accident or negligence does not constitute arson.

Basis of Criminal Liability in Arson:


Persons tending to set their house on fire frequently remove objects of value
either materially or sentimentally. Store and other business establishments
1. Kind and character of the building
remove a major portion of their content or replace valuable merchandise with, burned;
out of style articles.
2. Location of the building;3. Extent of
value of the damage;
1. Doors and windows
4. Whether inhabited or not.
Locked doors and obstructed entrance and passageways are sometimes point to
an attempt to impeded firemen in their operation to put out the fire. Doors and Destructive Arson is committed by burning of the following:
windows showing signs of forced entry may point to arson preceded by burglary
or arson by someone without a key to the premises. 1. Any arsenal, shipyard, storehouse, military installation, powder or firework
factory, ordinance, storehouse, archives or general museum of the
2. Other Suspicious Circumstances government;
2. Any passenger train or motor vehicle in motion, or vessel out of ports; 4. taking up the rails from a railway, track;
3. In an inhabited place, any storehouse or factory of inflammable or explosive 5. malicious changing of railway signals for the safety of moving train;
materials; and 6. by using any other agency or means of destruction;
4. Any theatre, church, cockpit arena, or other buildings where meetings are 7. destroying telegraph wires and telegraph post or those other communication
held, when occupied by numerousassemblage. system.

Other forms of Arson Article 325, RPC

Setting fires to any buildings, farmhouse, warehouse, hut shelter, or vessel in Burning of ones own property as a means of committing Arson. This article
port, knowing it to be occupied at the time by one or more person/s; punishes the burning of one’s, own property for the purpose of committing
arson or great destruction of property.
Building burned is a public and purpose is to destroy evidence kept therein to be
used in legislative, judicial or administrative proceedings, irrespective of the Article 326, RPC
damage, if the evidence is to be used against the dependant of any crime
punishable under existing law; Setting fire to property exclusively owned by the offender. This article provides
the purpose of the offender to:
Burned building is a public and the purpose is to destroy evidence kept therein to
be used in instituting prosecution for punishment of violators of law, irrespective • defraud or cause damage to another, or
of the amount of damage. • damaged is actually caused upon another’s property even such purpose is
absent, or
Arson of Property of Small Value (Art. 323, RPC) • thing burned is a building in an inhabited place.

Elements

1. Burning of any uninhabited hut, storehouse, barn, shed, or any other


property; P.D. No. 1613 - Amending the Law on Arson
2. Value of property does not exceed twenty five pesos(25.00).
3. Under circumstances clearly excluding all danger of the fire spreading. Special Aggravating Circumstances in Arson

Crimes involving Destruction 1. If committed with intent to gain;


2. If committed with the benefit of another;
Offender causes destruction by any of the following means: 3. If the offender is motivated by spite or hatred towards the owner or occupant
of the property burned;
1. explosion; 4. If committed by a syndicate (three or more persons).
2. discharge of electric current;
3. inundation, sinking or stranding of a vessel;
Prima Facie Evidence of Arson Searching for Evidence

1. If the fire started simultaneously in more than one part of The safest procedure is for the investigator to start at the top of the
the building or establishment;
heap and carefully removing the objects one by one, laying them aside
2. If substantial amount of flammable substances or materials until reaching the bottom where he will find the “pot of gold”, the
are stored within the building not necessary in the business
evidence. Steps in Tracing the Origin of Fire and Searching for Evidence
of the offender nor for household use;

3. If gasoline, kerosene, petroleum, or other flammable or 1. External/Outside Survey


combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical, careful conduct of inspection to the burned building
or electronic contrivance designed to start a fire, or ashes, or
traces of any of the foregoing are found in the ruins or 2. Internal/Inside Survey
premises of the burned building or property;
enter the building to correlate the same with the outside survey of the structure
4. If the building or property is insured for substantially more in question
than its actual value at the time of the issuance of the policy;
3. Locate the point of origin of fire, the ceiling area must checked first.
5. If during the lifetime of the corresponding fire insurance
policy more than two fires have occurred in the same or
Look for Prima Facie Evidence of Arson
other premises owned or under the control of the offender
and/or insured; 1. Entering the Building: When entering the building, the investigator should
observe the following:
6. If shortly before the fire, a substantial portion of the effects
2. Look for mark on doors and windows not burned for possible indication of
indured and stored in a building or property had been
forcible entry.
withdrawn from the premises;
3. Notice whether the intruder has discarded tools used for forcible entry.
7. If a demand for money or other valuable consideration was 4. Notice unusual arrangement of the building content.
made before the fire in exchange for the desistance of the 5. Stocks or substitution of stocks, new expensive stocks have been removed,
offender or for the safety of the person or property of substituted by second hand or old stocks
victim.
Guidelines in the Investigation of Arson:

I. Arrival and Observation

• observe person/vehicle leaving the area


• characteristics of person/vehicle leaving the area II. Post Investigation
• unusual road/street condition
• barricade showing the progress of response Methods
• vehicle parked in such a manner as to create obstruction to the fire scene.
Among the most likely method to be used by investigators are the recording of
the facts noted at the fire scene, sketches and photographs as well as statements
taken from the witnesses. And other sources of information that maybe useful in
Observation
developing the investigation and completing the reports, fire inspection reports
and financial reports.
• identify the person who called the fire department
• first person who leave the fire scene
All notes should be thorough, accurate, detailed and neat so that they are easily
• did the fire occur during or after business hour?
to transcribe and/or read. They will readily assist in correlating observations and
• Was it during daytime or night time?
developing leads. These notes are the principal basis of all reports the
• Condition of traffic in the area.
investigator makes and submits.

II. The Fire Scene:


The Fire Investigation Report
Protecting the Fire Scene It is the final written results of taking notes, recording observations and
interviewing witnesses. It includes the written results of the construction and
• Cooperation of the firemen and the Police
size of the burned structure, what the firemen observed and encountered upon
• Assignment of guards
their arrival at the fire scene, the color of the smoke and flame, and the intensity
and location of the fire.
Mechanics of Search
Inventory of Evidence
• Planning
• Sifting of the Debris As the evidence is collected and marked for identification purposes, it should be
• Location of the point of origin o(the fire entered on some type of inventory sheet. In all cases, it will improve the
• General Rules/SOP’s admissibility of evidence by establishing chain of custody necessary to prove
during the trial on an arson case.
Collecting and Preserving of Evidence

• Photography
Concept and Principle of Criminal Investigation.
• Sketching
• Assistance .of Qualified Experts An investigation is an examination, a study, an analysis and a research of facts
• Handling of Physical Evidence and/or circumstances, situations, incidents and scenarios, either related or not, for
• Forwarding of Physical Evidence the purpose of rendering a conclusion- of proof. When one investigates, he/she
makes a systematic inquiry, closely analyzes and inspects while dissecting and Terms and Definition in Special Crime Investigation
scrutinizing information. An investigation, therefore, is based upon a complete
and whole evaluation and not conjecture, speculation or supposition. I. CRIMINAL INVESTIGATOR. He is the skilled person who is charged
with the duty of conducting criminal investigation when a crime is
Crime detection and investigation is both an art and a science; a relationship of committed.
common sense, judgment, understanding experience and an inherent intuitiveness
along with a grasp of relative methodological comprehension. The criminal CRIME SCENE. Is the place where the crime or offense is committed.
investigator must constantly apply those skills, acquired through study and
experience, to the examination and observation of the criminal and his manners as
well as his social and physical surroundings QULITIES OF INVESTIGATOR

When the most basic of Law Enforcement functions: the preservation of life, the a. Perseverance. I steadfastness, persistence and resolution to bring the
protection of property and the maintenance of peace, are not substantially desired conclusion in spite of obstacles connected with criminal
realized, the investigative process must then be undertaken. investigation.
b. Endurance. It is the ability to last physically and mentally, enduring
The mean of this process is twofold; first, the investigator will attempt to identify sleepless nights and tiresome days.
and safely apprehend the violator and secondly, produce him/her before a proper c. Incorruptible honesty and integrity. The ability to resist or avoid
court of law. Of course there is much going on behind the scenes, so to address temptations.
while attempting to complete these not so simple objectives; identification, d. The Intelligence and Wisdom of Solomon this is the ability of the
apprehension and prosecution. investigator to decipher falsehood from truth and separate the grain from
the chaff.
Criminal investigations are conducted primarily for the prevention of crimes. e. The knowledge of psychology and other natural sciences the
When crimes occur, Law Enforcement officer is responsible to the community it investigator must know the different patterns of human behavior, the
serves and must discharge its duty by immediately investigating such incidents. prevailing situations in a specific environment and the laws of nature in
Preferably the investigation will cause the violator to appear before a court so as order to detect deceptions and lies.
to answer for his/her behavior. Ultimately and probably most important, is that the f. Acting Ability the ability to go down to the level of the minor, the
investigation, detection and apprehension of the criminal, effectually serves to prostitute or slum dwellers, or the level of the other professionals or the
restrain recidivism thereby reducing overall crime. members of the elite.
g. Mastery of Oral and Written Communication. The investigator must
Criminal investigation seeks all facts associated with a crime to determine the know how to communicate with the people in the community through oral
truth; what happen and who is responsible of a criminal incident. It is a logical, or written form
objective, and legal inquiry involving a possible criminal activity. It is also the h. The keen power of observation and description the investigator must
collection and analysis of facts about persons, things and places, subject of a know how to observe and describe accurately especially in crime scene
crime to identify the guilty party, and provide admissible evidences to establish investigation.
the guilt of parties involved in a crime. i. Courage the moral fortitude to tell the truth no matter who will be hurt.
j. Working knowledge of criminal Law, evidence, criminal procedure
and penal special laws.
k. Sense of justice and fair play
l. The power to “read between the lines." THE FOUR METHODS OF CRIME SCENE SEARCH
m. Working Knowledge of martial arts and firearms proficiency extra
skill that can be used by the investigator in situations like arresting and (Note: there is no other applicable meaning in the field of criminology education)
interrogating a certain suspect.

I. STRIP METHOD. The searchers proceed slowly at the same place along
THE THREE TOOLS OF CRIMINAL INVESTIGATION the path parallel to one side of the rectangle. At the end of the rectangle, the
searchers turn and proceed back along new lanes but parallel to the first
I. INFORMATION. The knowledge or facts that the investigator had movement.
gathered or acquired from persons or documents, which are pertinent or
relevant concerning the commission of a crime or criminal activities. II. THE DOUBLE STRIP OR GRID METHOD. It has the same process as
that of the strip method but with modification that the lanes covered by the
a) INFORMATION CLASSIFIED AS TO SOURCES: strip method is reprocessed twice

 Regular Sources records, files from government or non- III. THE SPIRAL OR CIRCULAR METHOD. The searches follow each
government agencies, news items. TV broadcast, intercepted other in a path of spiral, beginning in the outside and spiraling towards the
radio, telephone messages and stored computer data.\ center of the scene.
 Cultivated Sources these are information's furnished by
informants or informers. IV. ZONE METHOD. The area divided into quadrants and each searcher is
 Grapevine Sources these are information coming from the assigned to his specific quadrant. This method is sometimes called quadrant
underworld characters such as prisoners or ex-convicts. method.

 INTERROGATION the process of obtaining an admission or confession V. THE WHEEL, RADIAL OR SPOKE METHOD. This method is
from those Suspect who have committed a crime. It is confrontational in applied if the area to be searched is approximately circular or oval. The
nature. The term interrogation also applies to an uncooperative or searchers gather at the center and proceed outward a radii or spokes. The
reluctant witness. This kind of witness is treated as suspect in order that setback of this method is that the distances of the searchers increase as they
he will divulge the information needed by the investigator. proceed outward.

FIELD INQUIRY it is the general questioning of all persons at the crime


scene conducted by the investigator. SKETCHING THE CRIME SCENE

II. INSTRUMENTATION. It is the process of applying instruments or I. SKETCH it is the graphic representation of the crime scene. With complete
tools of police sciences in criminal investigation and detection. The use of measurements of the relative distances of relevant objects and conditions
the police laboratory in the examination of physical evidence, such as obtaining therein.
Forensic Ballistics and other sciences. This is sometimes called
criminalistics. II. THE GENERAL KINDS OF SKETCH
 Rough Sketch it is made by the investigator at the crime scene which is full
of important details. This is used as the basis for the finished sketch. III. DEATH SCENE INVESTIGATION
 Finished Sketch this is sketch with a scale of proportion and drawn by a  For the pathologist and criminal investigator to perform a thorough
draftsman. The rough sketch and the finished sketch are for courtroom investigation, the death scene' must be well documented.
presentation.  By understanding the role of the pathologist and the natural changes
that occur in the body after death, the criminal investigator can gather
information that is useful to everyone involved in the investigation.
CRIME RECONSTRUCTION
IV. ROLE OF FORENSIC PATHOLOGIST
I. RECONSTRUCTING THE CRIME it is the assessment made by  Forensic pathologist have multiple roles in a death investigation as to:
the investigator after the crime scene investigation, of how the crime a. Establishing cause of death.
is committed. b. Establishing manner of death.
c. Estimating the time of death.
II. KINDS OF RECONSTRUCTING THE CRIME d. Inferring the type of weapon used/
e. Establishing the identity of the deceased.
 PHYSICALRECONSTRUCTIONS. f. Determining the additive effect of trauma or pre-existing
Reconstructing the crime is based on the physical conditions.
appearance of the crime scene mainly focused on the pieces of
physical evidence. And the accounts of witnesses and suspects. V. CAUSE OF DEATH. This is a specific medical diagnosis denoting a
disease or injury (e.g., myocardial infraction, strangulation, gunshot
 MENTAL RECONSTRUCTION. wound).
Based on the physical reconstruction, some conclusions  PROXIMATE CAUSE OF DEATH
could be formulated taking into account all available pieces of
evidence. The initial injury that led to a sequence of events, which
caused the death of the victim.
DEATH INVESTIGATION
 IMMEDATE CAUSE OF DEATH
I. DEATH INVESTIGATION deals with the postmortem investigation of
sudden and unexpected death. The injury or disease that finally killed the individual.
 Forensic pathology is the branch of medicine associated with the
study of structural changes in the body caused by disease or injury.  Example: A man burned extensively as a result of a house fire dies two
weeks later due to sepsis. The proximate cause of death is his burns,
II. BRANCHES OF PATHOLOGY leading to sepsis, which is the immediate cause of death.
 There are actually two branches of pathology:
a. ANATOMIC – which deals. With structural alterations of the VI. MANNER OF DEATH This determination deals with the legal
human body. implications superimposed on biological cause and mechanism of death:
b. CLINICAL – which deals with laboratory examination of a. SUICIDE
samples removed from the body. The victim caused his/her death on purpose.
b. ACCIDENTAL  FETISHISM – refers to a person who satisfied sex urge through
In this manner of death, the individual falls victim to an wearing of an object (e.g. underwear of a woman) compulsively
accident. Some degree of human negligence may be involved in used in attaining sexual gratification.
accidental deaths, but the magnitude of the negligence falls  SYMBOLISM – the representation of things by the use of symbols
short of that reasonably expected in negligent homicide. especially in the art or literature such as systems of symbols and
c. NATURAL CAUSE symbolic meanings and a group of symbolist as in art as literature.
The victim dies as a result of natural causes, which usually  RITUALISM – sex offenders of this category use the same
include some type of organ failure due to old age or disease. approach or pretext all the time. This
help in solving serial rapes by analyzing the peculiar rituals used.
VII. AUTOPSY  SEX FANTASY OR DREAM WORLD – the fantasy overcome
 To determine the cause and manner of death the forensic pathologist the offender who puts his dreams to reality to see if he will feel
will usually conduct an autopsy. even better and its importance to him.
 The purpose of an autopsy is to observe and make a permanent legal  SADISM – prior acts of cruelty before the sex encounter bring
record as soon as possible of the gross and minute anatomical climatic sexual satisfaction.
peculiarities of a recently discovered dead body. Autopsies are  MASOCHISM – sexual satisfaction is gained by being humiliated,
typically done at a medical investigators office, local hospital, or at hurt or beaten before the sexual act.
the country morgue, although some are done in private offices or in  SADO-MASOCHISM – Inflicts injury and at the same time enjoys
funeral parlors. having injury inflected upon him preceding the sexual act.
 VOYEURISM – a sexual gratification by looking at nude person.
Peeping Toms are included in this category.
SEX CRIMES  SATYRISM – an abnormal over sexual activity on the part of the
men. The abnormal sexual offender is called satyr, which was
I. CONCEPTS OF SEX CRIME derived from the Greek Mythology of a half- man half-goat animal
who could impregnate fifty female goats a day.
It is triggered by emotion. A person who commit a sex crimes has  NYMPHOMANIA – the compulsive and uncontrollable feeling of
lost control of his emotions. It isn’t something you can set out and woman to over indulge in sexual activity. The woman is called
analyze. It is compulsion coming deep within the offender. nymphomaniac.
 NECROMANIA OR NECROPHILIA – sexual gratification on a
Gratification of the sex urge is often done in strange and morbid dead person or love towards a dead person.
methods. It involves an addiction. Sex is a normal human need, hence,
 PEDOPHILIA – sexual gratification where the victims are
this must be considered in the investigation of the crimes.
children. The person afflicted with this sexual perversion is the
pedophile.
Most of the sex offenders have their peculiar way to commit this
crime.
OTHER TERMS CONNECTED WITH SEX CRIMES

 SODOMY – sexual intercourse thru the anus or anal sex.


II. CATEGORIES OF PECULIAR WAYS SEX OFFENDERS.
 ORAL SEX – sexual perversion where gratification is thru the mouth.
 BESTIALITY – sex gratification is thru sexual intercourse with animals A crime against person
like pets such as dog, cats, etc.
 IMPOTENCY – the failure to have erection of the male organ. Rape violates a woman's well being and not just her virginity or purity.
 STERILITY – the failure to procreate or produce offspring. A man may The law considers that any woman, whether a prostituted woman, non-virgin or
not be impotent b one who has an active sexual life may be victimized by rape.
sterile and vice versa. A woman is never called impotent but maybe
sterile.

III. VIRGINITY A public offense

It is the condition of a woman where the hymen of her vagina is still By declaring that rape is a crime against persons, the law no longer
intact or unruptured. considers it as a private crime. Anyone who has knowledge of the crime may file
It does not mean that when the hymen is intact, there isn’t case of rape. The a case on the victim's behalf. Prosecution continues even if the victim drops the
mere touching of the labia majora (majo lips) of the pudendum (vagina) by case or pardons the offender.
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 a veteran of many foreign wars could be a complainant.
WHAT CONSTITUTES RAPE?
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 1. Rape is committed under the following circumstances: A man has sexual
of an object while in the act of masturbation. intercourse with a woman; Through force, threat or intimidation; When
the victim is deprived of reason or is unconscious; Through fraudulent
machination or grave abuse of authority; and When the victim is under 12
years of age or is demented, even if none of the above conditions are
Important provision of RA 8353(ANTI-RAPE LAW OF 1997) present.
2. Any person who, under any of the above conditions, commits an act of
Rape now is classified crime against person. Previously, it is a crime sexual assault through oral or anal sex or by inserting an instrument or
against chastity. Thus, there is now an impossible crime of rape. Raping a dead object into the anal or genital orifice of another person.
person believed to be alive by the offender is impossible crime of rape.

Rape could be committed on male person. WHO CAN BE RAPED?

Marital rape could also now be committed by the husband. Anyone can be a rape victim but the incidence of rape is more rampant in
women and girls.
The insertion of the penis or objects into the mouth, genitals or anal
orifice of another person with carnal knowledge is rape.

WHO CAN COMMIT RAPE?


Any man or woman may be held liable for rape. It is possible that a man
may rape his own wife, an act deemed as "marital rape." The penalty for rape in
general may apply on the offender who commits marital rape. 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 by her age, she could not
give a valid consent.
HOW IS THE CRIME PUNISHED?

The penalty varies depending on the act itself and the circumstances
surrounding it. Reclusion Perpetua (imprisonment from 20 to 40 years) is EVIDENCE IN THE INVESTIGATION OF RAPE
imposed on the offender if rape is committed through sexual intercourse. Prision
mayor (imprisonment from six to 12 years) in imposed on the offender if rape Panty or other clothing of the victim. Physical examination of the victim
was committed through oral or anal sex or through the use of any object or to determine signs of force such as injuries or the presence of seminal fluids inside
instrument that was inserted into the mouth or anal orifice of the woman or a man. her organ. Detached pubic hairs of the victim and suspect. Physical examination
This may also be elevated to reclusion temporal (imprisonment from 12 to 20 of the suspect and the examination of his clothing. Relevant matters at the scene
years) or reclusion perpetua depending on the circumstances surrounding crime. of the crime, testimonies of witnesses if there is any. Written complaint of the
victim.

WHAT TO DO IF SOMEONE IS RAPED?


LESSON 1.2
1. Advise the victim to seek the help of a counselor or a therapist who is an
expert in handling cases of sexual abuse. ROADS AND VEHICLES HISTORY
2. Assist her in securing a safe and temporary shelter if she needs to move to
another place for security reasons. She can be referred to a crises center or Concept
any government agency that offers temporary shelter.
3. Make sure that evidence is safe and intact. This would help in case the The man, from ancient times to the 20th century, sought to their
victim decides to files a case. transport facilities more efficient, they have always vored to move people
4. Secure a medico-legal certificate from a medico-legal officer. Absence of and property with the least diture of time, effort, and money.
bodily injuries does not mean that rape did not occur or that the case may
not be pursued anymore. It was stated in the preceding lesson that man first traveled t. Then,
5. Support the victim along the way when she decides to file a case. primitive man supplemented their own carrying of and possessions by
6. Ensure that she is prepared in all aspects. Make her understand the overall starting to domesticate animals them to bear small loads and pull crude
picture of the case. Inform her that it is possible that doctors, police, sleds.
lawyers and judges would not be sensitive to her situation and experience.
7. Help the victim choose the lawyer who understands her most. The following are some of the inventions and innovations and ant
8. Coordinate with people who can assist or support her all throughout. events that lead to modern land transportation:
A. WHEEL was invented probably in Western Asia such on was a D. JOHN L. MACADAM did not abandon the theory of feeder road
milestone and a great step forward in transportation. As wheel were building and perfected the macadamized road in England about 1815.
perfected, crude carts and wagons to appear in TIGRIS-EUPHRATES
VALLEY about 3500 B.C. er in CRETE, EGYPT and CHINA. The wheel E. AFTER THE FALL OF THE ROMANS in the 5th Century, land haulage
was one of great: inventions. It enabled him to transport burdens the generally declined because highways suffered from inadequate
power of man or animals to carry or drag, and ed much greater facility of maintenance. Such improvements however, as the horse collars (10th
movements than the simple on rollers which had to be continually picked Century), the addition of springs to coaches, new methods of road
up and by hands as the sledge is advanced. The following were the construction, and the introduction of toll roads (18th century) all continued
earliest types of wheeled carts: to ease and speed land travel.

1. Solid wheels on fixed axle - this ancient cart represent early F. SIGNIFICANT IMPROVEMENT OF ROAD VEHICLE began with the
step in the evolution of wheeled vehicles. Its solid wheels, which adaptation of COACH SPRING about 1650.
were made of a single piece of wood, rotated ingle axle.
G. IN THE MID-18TH CENTURY, ENGLISH ROADS were so bad that the
2. Sumerian chariot with flank wheels this chariot, of ut 2400 coaches could average only about 4 mph (6.4 km/h) and the mail was
B.C., had solid wheels built up of three pieces, so was more usually carried by boys on horses
durable than the one-piece wheel.
H. JOHN PALMER introduced his first fast mail coach in March 785 and
3. Greek quadrica with spoked wheels drawn by four horses was by 1800, the English coach system was in full swing.
a light and elegant vehicle for gentleman about 250 BC. It had
spoked wheels and axles of irons or bronze, handles for aid in,
mounting, and seat formed by a board placed across the handles.
THE INVENTION OF BICYCLE in the early 19th century vied as a nursery
4. Roman carpentum a closed, two-wheeled cart was the favored of automobile builders. One of the modern investors of the modern bicycle
vehicle when Roman women journeyed outside the city. was the HOBBY HORSE, or dan se. The wheels were made of wood, with
tires of iron, and the rs pushed themselves along with their feet on the
5. Italian cocchio, 1288 a traveling wagon in which the ground.
passengers were protected by a covering of leather or cloth fixed
over a wooden framework. 1. The German Baron KARL VON DRAIS in 1817 introduced a steerable
wheel, creating the "draisienne," or "dandy horse."
B. WHEELED VEHICLES could not use the narrow paths and trails used
by pack animals, and early roads were soon built. 2. In 1838, KIRKPATRICK MACMILLAN a Scottish blacksmith, made the
first machine with pedals, which were attached to and drove the rear
C. THE ROMANS was the major road builders in the ancient world. The wheel by means of cranks.
Romans road network reached a total of about 50,000 miles (80,000 kms),
with EEEDER roads branching out from the main highways. It was costly PNEUMATIC TIRES (inflated by air) by a Scot JOHN BOYD NLOP
because its deep foundation, formed by layer after heavy stones, was appeared in late 19th century (about 1888).
necessary to make roads that would carry heavy traffic for many years.
MOTOR VEHICLE the first mode of transportation to illenge the railroads. LESSON 2.1

1. Frenchman ETIENNE LENOIR made possible the introduction of FUNDAMENTALS OF TRAFFIC MANAGEMENT
motorized carriages by his invention in the 1860's and 70's, of the
INTERNAL COMBUSTION ENGINE

2. NICOLAUS OTTO AND GOTTLIEB DAIMLER pioneered the MANAGEMENT- It refers to the skillful use of means to accomplish a
manufacture of gas engines) and later Daimler became a
successful automobile manufacturer, OPERATION- Pertains to a course or series of acts to effect a purpose;
manner of action; or a vital or natural process of activity.
3. RUDOLF DIESEL a German engineer developed an internal
combustion engine which is similar with the gasoline engine but ROADWAY- Refers to that part of the traffic way over which motor pass.
requires no electrical ignition system or carburetor and uses other
form of liquid fuel, the diesel fuel. ULDER. It refers to either side of the roadway, especially along

4. The AUTOMOBILE found its greatest popularity in the U.S., TRFFIC- It refers to the movement of persons, goods, or vehicles, were by
where the first HORSELESS CARRIAGE appeared in the 1890's. combustion system or animal drawn, from one place to for the purpose of
travel. [Early 16th century. Via obsolete French Tom Old Italian traffic,
5. In 1908, HENRY FORD introduced the MODEL T, which was from traffic are 'to carry on trade', of origin.]
proved so popular that by 1914. Ford had adopted MASS
PRODUCTION methods to meet the demand. TRAFFIC WAY Refers to the entire width between boundary lines way or
place of which any part is open to the use of the public ses of vehicular
6. In 1956, FELIX WANKEL2 a German mathematician, developed traffic as a matter of right or custom.
an advanced-type of engine, named after him, that operates very
differently from gas and diesel engines. It is started by a moving
crankshaft.
Traffic Management is necessary?
From Ford Era, the demand of vehicles became great for the
transportation of goods, products, communications and people. Hence, The advent of science and technology, new and modernized facilities are
man started manufacturing large cargo trucks and buses for mass introduced. However, despite of these nations, traffic congestions persist
transportation. to exist. The only way to at the up with the prevailing traffic related
problems is a coordinated management. Traffic management is therefore
Presently, the introduction of the Light Trail Transit (LRT), the designed to make way safer for travelers, expedite the movement of
Metro Rail Transit (MRT), flyovers, pedestrian and vehicle culverts, rock traffic, and e convenience to the traffic facilities users.
sheds and other modern traffic ways contributed to the expéditious
movement of traffic users. A. Major Causes of Traffic Congestion - Based on studies conducted by
authorities.
1. Physical Inadequacy. This is characterized by lack of roads, narrow 1. Department of transportation of Transportation and
bridges, railroad crossings, lack of traffic facilities, etc. Communication (DOTC). DOTC through the Land Transportation Office
(LTO) is responsible f the implementation of the Land Transportation Code
2. Poor Control Measures. This is characterized by ineffective en of th Philippines (R.A. 4136) particularly on the issuance of driver licenses,
mechanical control devices, inefficient traffic officers, and poor registration of motor vehicles, approval of franchises public conveyances
implementation of traffic laws, rules and regulations. (through the Land Transportation Franchising and S Regulatory Board
(LTFRB)), and conducting traffic safety seminars Engineering
3. Homan Errors. Many traffic congestion are caused by slow drivers or
poor driving habits, pedestrian mistakes, officers' errors, or poor planning, 2. City or Municipal Engineers Office. In the local level, the offices are
poor legislation, and traffic accidents which are mostly attributed to human responsible for the planning, construction and maintenance of traffic
errors. facilities within their respective locality.

4. Poor Maintenance. Oftentimes motor vehicles are stalled in traffic ways 3. Department of Public Works and Highways (DPWH): This is the
because of unrepaired diggings, cracks on road pavement e or unfinished main executive department which is responsible for planning, construction
road pavement concreting. This can be attributed to inappropriate budget and maintenance of traffic facilities particular those categorized as national
for the maintenance of the traffic facilities. On the other hand, police highways and other major road arteries
should also report lights out, damage portion of the traffic way to expedite
the action from the concerned government offices. 4. Legislative (Congress/City or Municipal Boards). The legislative
bodies are not only responsible for the passing or amendment of law
B. Scopes of Traffic Management. In connection with the above stated concerning traffic but also they are involved in the planning as the
causes of congestion, authorities conceived that a systematic and approval of government projects.
effective traffic management is needed which includes but not limited to
the following. 5.-Philippine National police (PNP). The PNP through its Traffic
Management Group (PNP-TMG) is responsible primarily for the dire
1. All public surface facilities traversing and parking and all types of enforcement of traffic laws, rules and regulations. They also perform other
de conveyances for the movement of persons and things. functions such as conducting of information disseminates campaign,
submitting traffic scheme proposals, and other function as the need arises.
2. All agencies having responsibilities for ascertaining traffic flow
requirements, planning, approving, funding, construction and/or 6. Academic Institution. Schools, both public and private, are
maintaining these public facilities for such movements. responsible for the basic traffic education by integrating in the respective
programs and curriculum subjects or topics on traffic safety.
3. All agencies responsible for licensing, approving, restricting,
stopping, prohibiting or controlling the use of these facilities. 7. COURT. The courts are responsible for the adjudication of traffic-related
cases filed before them.
Agencies Involved in Traffic Management. For the successful and
active traffic management, specific roles and responsibilities are vestere 8. PUBLIC INFORMATION OFFICES. The government through the
he following. Philippines Information agency (PIA) provides the necessary updated
information to the public by creating traffic safety campaigns and other
activities relating to traffic.
A. Classification of Registered Motor Vehicles
9. Citizen Support Groups. The private institutions or organizations also
help in the prevention of traffic congestion by assisting government offices 1. Private (not for hire) - These are motor vehicles used for the personal
in various activities particularly during special occasions and holidays use of their owners.
where traffic problem is likely to happen.
2. Public Utility Vehicles (PUV a.k.a. for hire) These are registered
10. MEDIA. Government and privately owned publications and radio and primarily for the conveyance of passengers and other commercial goods,
television broadcasting companies provide necessary and updated traffic- i.e., passenger jeepneys, taxi cabs, etc.
related information to the public through their respective programs
3. Government - These are motor vehicles owned by government offices
11. OTHER AGENCIES which are in one way or other help in the easing and are used for official purposes only.
of traffic-related programs.
4. Diplomat - These are issued to foreign diplomats and consuls assigned
With the preceding accounts, a successful traffic management is in the Philippines.
not the sole responsibility of the government but rather a concerted effort
between the government and private organization.

LESSON 3.3 B. Plate Numbers - upon registration, mot vehicle are assigned with plate
numbers. The letter and numeral prefixes as well as the assigned colors
REGISTRATION OF MOTOR VEHICLES are based on the date and place of registrations and purpose of the
registered motor vehicle.
Concept

1. Green with white background - Issued to private or not for hire


R.A. 4136, mandates that all motor vehicles shall be registered by its motor vehicles (MVS).
owner before the designated District Offices of the Land Transportation 2. Black with yellow-background - Issued to PUVS.
Office. Law enforcement officers should keep themselves abreast with the 3. Red (maroon) with white background - Issued to government
proper procedures of registering motor vehicles for them to easily identify owned MVS.
unregistered motor vehicles or motor vehicles having expired registrations. 4. Blue with white background - Assigned for foreign diplomats,
consuls and other foreign dignitaries
5. Commemorative plate - These special plate numbers are issued
for specific purposes such as fund-raising for government projects
On the other hand, motor vehicle owners as well as drivers should be and programs.
aware of the provisions on motor Vehicle registration to avoid unnecessary
delays and penalties whenever registration-related apprehensions occur.
C. Schedule of Registration - Registration of motor vehicles should be Example: Vehicle 1-PLT 255 Vehicle 2-TNU 636
done annually which follows the numerical suffixes of their plate numbers.

Between the above motor vehicles, Vehicle 1 was registered earlier than
LAST DIGIT OF PLATE MIDDLE DIGIT OF WEEKLY DEADLINE
Vehicle 2 and possibly, Vehicles 2's model is later than Vehicle 1.
NUMBER PLATE NUMBER (WORKING DAYS OF
THE MONTH ONLY
1 – JAN 6 – JUN 1 2 3 1 2 3 4 5 6 7

2 – FEB 7 – JUL 4 5 6 8 9 10 11 12 13 14 E. Special Plate Numbers for Government Officials

3 – MAR 8 – AUG 7 8 15 16 17 18 19 20 21 1- President of the Philippines

4 – APR 9 – SEP 9 10 22 23 24 25 26 27 28 2 - Vice President of the Philippines

5 – MAY 10 – OCT 29 30 31 3- Senate President, etc.

Note: Vehicles may be registered one month in advance of weekly LESSON 3.4
deadline. For motorcycles, use the 3rd digit.
DRIVER’S LICENSES
Example: Plate Number -NG 984 April 3ra week

The above motor vehicle shall be registered in April every year because
the last digit is "4" and the day of registration falls in April 15-21 since the Driving a motor vehicle in the Philippines as in other countries is NOT a
middle digit is "8". right but a privilege granted by the Philippine Government through the
LTO based on Republic Act 4136 and Batas Pambansa Blg. 398. Further,
D. Letter Prefixes on Plate Numbers. The letter prefixes indicates: it is a privilege which may be suspended or revoked. 19

1. Place of initial registration of the motor vehicle;

2. Year of initial registration and the possible year model of the registered Driver's License. A document issued to a qualified driver who possesses
motor vehicle could be determined from the order of the letter prefixes, the statutory qualification as provided therefore. It is also a public
i.e., the higher the letters the later the year of registration and year model document which has the legal presumption of genuineness (CCC
of the motor vehicle Insurance Corp. vs. Court of Appeals, 31 SCRA 264)
A. Duty to Procure License. Sec. 19 of R.A. 4136 states that no person c. In the event that the applicant applies for a license or if his foreign
shall operate any motor vehicle without first procuring a license to drive for license is expired at the time that the application is filed, the
the current year. To be effective in the hands of its holder, it must not be applicant will have to undergo both a WRITTEN EXAMINATION
delinquent, invalid, suspended or revoked and should be carried at all AND AN ACTUAL ROAD TEST.
times and shall be shown or surrendered for cause when demanded by a d. An application form filled by the applicant.
person authorized by RA 4136 to inspect the same.

B. Confiscation of Driver's License. Sec. 29 of R.A. 4136 mandates that


a driver's license may be confiscated for violations of RA 4136, the rules Foreign license applicants can only be issued a NON PROFESSIONAL
and regulations issued by the Commissioner and of local traffic rules and LICENSE
regulations.

When a driver's license is confiscated for any reason, the traffic enforcer
must, however, issue a receipt (Temporary Operator's Permit (TOP)) 2. Military Driver's License. Enlisted personnel of the AFP operating
which is good for 72 hours within which the driver may continue to operate motor vehicles owned by the government shall be licensed in accordance
his vehicle. Failure to settle the case within 15 days will cause suspension with RA 4136 but no license or delinquency fees shall be collected thereof.
or revocation of the license.
All licenses so issued shall bear the words "FOR GOVERNMENT
C. Types of Licenses, Procedures and Requirements. A driver is VEHICLES ONLY plainly marked or stamped in red inks across the face
licensed by the LTO as proof of his proficiency in driving his knowledge of thereof. A Military Driver's License does not authorize the holder to
road rules and regulations while operating a motor vehicle. Upon proving operate a privately-owned motor vehicle (Sec. 20, R.A. 4136).
his proficiency and knowledge, he will be issued a document in the form of
the following licenses:

3. Professional Driver's License. This license is issued to a driver hired


or paid for driving or operating a motor vehicle whether private use or for
1. International Driver's License. Bonafide tourists and transients who hire to the public. Any person driving his own motor vehicle for hire is a
are duly licensed to operate motor vehicles in their respective countries professional driver (Sec. 3,e, R.A. 4136).
may be allowed to operate motor vehicles during their stay but beyond 90
days their sojourn in the Philippines (Sec. 21, RA. 4136) The applicant
must submit the following requirements:
Applicants for professional driver's license should fulfill the following
a. The original foreign license plus a photo copy of the same license. requirements:
b. In the event that the foreign license is written in the language tent
of the license holder other than ENGLISH, a translation of the a. Must be at least 18 years of age.
contents of the license into ENGLISH from the embassy from b. Presentation of either the following documents:
which the license was issued. 1) A STUDENT PERMIT which has been issued in the possession
of the applicant for at least 5 months.
2) A NON-PROFESSIONAL Driver's License that has been in the
possession of the applicant for not less than 4 months.
4. Non-Professional Driver's License. This kind of licenser issued to
owners of privately-owned motor vehicles or those not for Mire or paid for
driving Effect of Sec. 3,e, R.A. 4136). The applicant must fulfill the
c. A certificate from an LTO accredited doctor attesting to the following following requirements:
that the applicant:
a. Must be at least 17 years of age. dent.
1) is physically and mentally sound; b. A student Driver's Permit that has been issued not less than 1
2) has normal, non-impaired vision and hearing; month from the date of application.
3) does not have any contagious ailment; and c. A certificate from an LTO accredited doctor attesting that the
4) does not have a history of heavy drinking and drug abuse. applicant:
(1) is physically and mentally sound.
(2) has normal vision and hearing.
d. Must pass a WRITTEN EXAMINATION.
d. A Police, NBI, of Prosecutor's clearance certifying that the applicant e. Must pass an actual ROAD TEST.
does not have a criminal record or any case involving the taking of a f. An application form (ADL) filled out by the applicant.
human life. g. Payment of the following:

e. He must pass a WRITTEN EXAMINATION. (1) Application fee: P 25.00

f. To pass an actual ROAD TEST. (2) Licensing fee: 180.00

g. An application form (ADL) filled out by the applicant. Total P 205.00

h. Payment of the following amount:

(1) Application fee: P 25.00 The holder of a Non-professional driver's license shall be restricted to
operate motor vehicles up to 4500 kgs gross vehicle weight (GVW) and is
(2) Licensing fee: 240.00 also renewable every 3 years. The color of its logo is green.

Total P 265.00

5. Student Driver's Permit-This kind of document is issued to persons


who desire to learn how to drive. A student driver cannot operate a vehicle
The professional driver's license is renewable every 3 years. The
identifying color is red. unless accompanied by an instructor who may either be a licensed
professional or non-professional driver (Sec. 30, R.A. 4136). The applicant Note: All fees are subject to change upon approval of the government.
must fulfill the following:

a. Must be at least 16 years of age. 17 y/ad D. Drivers Examination. All drivers' license applicants must obtain the
b. Must be physically sound and in good health with no contagious passing score as follows:
ailments.
c. Must be mentally capable. 1. The Written Examination. Written examinations will contain
d. Must know how to read and write in his native dialect, in Tagalog, questions concerning proper driving procedures, road rules and
or in English. regulations, emergency procedures, etc.. Number of questions will
e. Must apply personally at any LTO and have with him the following be as follows:
documents: a. Non-Professional License 40 questions
(1) Document of birth proof that he is 16 years old, either of b. Professional License - 60 questions
the following:
(a) joint affidavit by 2 not related individuals attesting
to the age of the applicant.
(b) SSS identification card.
Examinees will have to pass the written examination with the following
(c) Passport (d) Voter's I.D.
marks:
(2) Applicants whose age is between 16 to 18 years old, an
affidavit of consent signed by the parents or by the applicant's legal
guardian allowing the applicant to learn how to drive.
a. Non-Professional-30 out of 40 questions
b. Professional -50 out of 60 questions

f. 2 pcs. 1 x 1 black and white or color photographs of the applicant.


Before each examination, a DRIVING SKILL RATER will provide a 30
g. Payment of the following:
minute lecture about traffic rules and other driver information as a review
for the applicants.
(1) Application fee P 25.00

(2) Student Permit fee P 50.00


2. The Road Test. The actual road test will be undertaken under the
Total P 75.00
auspices of a "DRIVING SKILL RATER. This actual road test will have to
be scheduled in advance and the applicant will have to provide the vehicle
in which the road test will be conducted. The applicant should make sure
that the vehicle to be used is in proper working condition and is currently
A student permit is valid for up to 12 months from the date of issue. registered.
The traffic rules in the Philippines are based entirely on the general rules
of road use and conduct which also include the general prohibitions and
During the road test, the applicant will be rated according to his proficiency restrictions. Chapter IV, Articles I to V of the R.A. 4136 comprehensively
on the following aspects: discuss the traffic rules observed in the Philippines.

a. That the applicant is aware of and capable of performing a check A. Speed Limit and Other Rules on Speed. Any person driving a motor
on the primary components of the vehicle such as the engine, the vehicle on a highway shall drive the same at a careful and prudent speed,
tires, the battery, lights, windshield wipers, brakes, transmission not greater nor less than is reasonable and proper/having due regard for
and clutch, etc. the traffic, the width of the highway, and of any other condition then and
b. Proper use and correct positioning of the hands on the steering there existing, and no person shall drive any motor vehicle upon a
wheel. highway at such speed as to endanger the life, limb and property of any
c. Proper engine control and use of the gear shitt lever and the foot person, nor at a speed greater than will permit im to bring the vehicle to a
pedals. stop within the assured clear distance ahead.
d. Proper speed control and observance and practice of road
discipline.
e. Proper knowledge and interpretation of read markings
f. Proper turning procedures. 1. Maximum Allowable Speeds. Subject to the provisions of the
g. Proper backing procedures. preceding paragraph, the rate of speed of any motor vehicle shall not
h. Proper parking procedures. exceed the following per hour:

Passenger cars and Motor trucks & buses


The applicant will be credited with a score of 100 points at the start of the
motorcycles
road test. Each infraction or unsatisfactory performance will be listed down
on a ROAD TEST SCORE SHEET and the corresponding deductions
made at the end of the test. On open country roads, 80 km 50 km.
with no blind corners
got closely bordered by
habitations
LESSON 3.5

GENERAL RULES OF ROAD USE AND CONDUCT


On "through streets or
boulevards clear of
traffic, with no blind
comers, when so
Concept designated.
40 km. 30km
e. The driver of a vehicle, when he or his passengers are in pursuit of
On city and municipal a criminal.
streets, with light traffic, f. A law-enforcement officer who is trying to overtake a violator of
when not designated traffic laws.
"through streets. g. The driver officially operating a motor vehicle of any fire
department, provided that exemption shall not be construed to
allow useless or unnecessary fast driving of drivers
aforementioned.
Through crowded
streets approaching
3. Uniform Speed Limits throughout the Philippines. No
provincial, city or municipal authority shaii enact or enforce any
intersections at 30 km 30km
"blind.corners", passing ordinance or resolution specifying maximum allowable speeds
school zones, passing other than those provided by R.A. 4136.
other vehicles which
are stationary, or for
similar dangerous
circumstances. LESSON 4.2

TRAFFIC SIGNS

20km 20km

Concept:

2. Exception to the speed limit. The rates of speed hereinabove


prescribed shall not apply to the following:
Traffic signs, like traffic signal lights and road markings are used to
a. A physician or his driver when the former responds to emergency
convey quickly and accurately the wide range of information needed
calls.
by road users, particularly vehicle drivers, and to promote a safe
b. The driver of a hospital ambulance on the way to and from the
place of accident or other emergency. and efficient use of the road system.
c. Any driver bringing a wounded or sick person for emergency
treatment to a hospital, clinic, or any other similar place.
d. The driver of a motor vehicle belonging to the Armed Forces while
in use for official purposes in times of riot, insurrection or invasion. Traffic Signs refer to any device mounted on portable support
whereby a message is conveyed by means of words or symbols
officially installed for the purpose of regulating, warning, or guiding With increased international travel after World War II, discussions
traffic Traffic signs are installed to serve the following functions: 1) to took place in the United Nabons (UN) on the introduction of
control traffic, 2) to safeguard the flow of traffic, 3) to expedite traffic, international traffic signs. However, it was not until 1965 that United
and 4) to guide traffic and motorists Kingdom (UK) signs were changed to conform to the European
system. In 1995, it was estimated that there were 2,500,000 signs
and signals, 850,000 road markings, and 7,000,000 road studs on
the roads in England alone. On the other hand, the United States
Standardization of traffic signs shall conform to the standards set (US) adopted the signs in the 1970s and developed a set of national
forth in the erection and display of standard road signs and markers standards for sign color, shape, and usage
as prescribed by the DPWH as to shape, color, dimension, shape,
size, height, lettenings or symbols Refer to figures 19-21 for clearer
understanding.
On June 6, 1973, the Philippines through P.D. 207 declared as part
of the laws of the Philippines the UN Vienna Convention on road
traffic, signs, markings and signals. The participating countries to
Traffic signs shall be installed only under public authority or by the this Convention have agreed to accept the system of traffic, road
official having jurisdiction for that purpose, and it shall not bear any signs, signals and symbols and road markings described in said
commercial advertisement. convention and to adopt the same to facilitate international road
traffic and to increase road safety

A thorough knowledge of traffic signs, signals and road and


pavement markings is necessary to all drivers. Every motorist must B. International Traffic Signs. As explained in the Viennal
be able to recognize and obey them without hesitation even with the convention, the system of signs and signals which it has prescribed
absence of traffic police officer is based on the use of shapes and colors, characteristics of each
class of sign, and whenever possible on the use of graphic symbors
rather than inscriptions with few exceptions one of which is the
STCP sign of the United States. It has been adopted very likely
A. Historical Background. in Britain, early signposts were erected by because it is understood practically by every motorist regardless of
private individuals at their own expense. In 1648, panshes were nationalities. These basic sign shapes are:
required by law to place guideposts at crossroads In 1773, these
and mileposts were required to be erected and maintained by
Tumpike Trusts The Motor Car Act of 1903 made local authorities
responsible for placing Certain warning and prohibitory signs. 1. Round and red sign: regulates the movement of turning and
passing traffic regulations;
2. Round black yellow signs: a warning that you are approaching a a.warn motorist of approaching hazardous road conditions,
railroad crossing;
b. seek caution for the approaching road hazards, and

c.call the reduction of speed.


3. Equilateral triangle red signs: a sign at the intersection directing
drivers to yield the right-of-way to vehicles in the road being
crossed;
2. Regulatory Signs. These are signs which impose legal 7
restrictions applicable at particular location usually enforceable in
the absence of such signs. These are intended to:
4. Eight-sided (octagonal) red and white stop sign: the most popular
and understood sign by all tongues and colors; and

a.inform road users of certain laws and regulations, and

5. Triangle red and black sign: approaching a danger zone, hill, b.special obligations, instructions, or prohibitions which they must
slope, winding road, and others. comply with and violations of which constitute misdemeanor.

C. Classification of International Traffic Signs. International traffic Regulatory signs are usually round in shape with the exception of
signs are classified into three. These are: 1) danger warning signs, "Stop Signs" and "Yield Signs". Numbers 32 to 62 on Figure 26 are
2) regulatory signs, and 3) informative signs. Figures 19 to 21 at the regulatory signs. These signs are further classified into two:
preceding pages show the common International Traffic Signs Used
in the Philippines, Figures 22 to 25 on the other hand are the
common groups of danger warning signs or caution signs.
a. prohibitive and restrictive signs, and b. mandatory signs.

1. Danger Warning Signs. These signs are also known as "caution


signs. These signs have an equilateral triangular shape with one 9 3. Informative Signs. These signs are also known as "guide signs",
side horizontal and having red borders. Numbers 1 to 31 under or "direction signs. The rectangular shape white-colored on blue
Figures 26 are danger waming signs. These are signs intended to: background is used for informative signs. Green background is
usually used for route markers and destination signs. Numbers 65 to
67 under figures 26 are informative signs Informative signs are
intended to: 4. Dangerous Left Double Bend

a. guide motorists along established routes, 5Dangerous Right Double Bend

b. inform the motorists of the proper roads, and 6-13. Dangerous Warning Signs To Indicate Road Intersection

14. Approach to Intersection

c. help motorists along the way in the most simple and direct
method.
15. Approach to Inter to Intersection, Side Road

D. Legend to International Traffic Signs.


16.Approach to Intersection, Merging Traffic

I. Danger Warning Signs


17 Swinging Bridge

1. Dangerous Bends
18.Traffic Light Signals Ahead

2. Dangerous Left Bend


19. Road Works

3. Dangerous Right Bend


20. Pedestrian Crossing 30.Danger: Falling Rocks

21 Animal Crossing 31.Railroad Crossing

22.Road Narrow II. Regulatory Signs

23. Uneven road, Bad Condition A. Prohibitive and Restrictive Signs

24 Steep Descent 25 Steep Ascent

32.No Entry for All Types of Vehicles

26 Slippery Road 33.No Entry for Cars

27 Quay or River 34. No Entry for Jeeps

28.Runabout Ahead 35. No Entry for Bicycles

29.Two-way Traffic 36.No Entry for Tricycles


37 No Entry for Buses

47 No Parking

38. No Entry for Trucks 48. No Entry for Vehicles having an overall height exceeding
specified figures in meters 49. No Overtaking

39.No Entry for Power Vehicles Drawing Trailers


50 No Blowing of Homs

40 No Entry for Motorcycles


51No Entry for Vehicles having an overall width exceeding specified
figures in meters

41 Nu Entry for Pedestrians

52.No Entry for Vehicles exceeding in tons laden weight

42.No Entry for Animal Drawn Vehicles 53. No Entry for Vehicles having a weight exceeding a specified
figure in tons on one axe
43. No Entry for Push Carts

54. No Entry for Vehicles whose overall length exceeds specified


44 No Left Turn figures in meters 55, Speed Limit

45 No Right Turn B.- Mandatory Signs

46.No U-Turn

56. 61. Directions which vehicles are obliged to follow


TRAFFIC SIGNAL LIGHTS

62. Compulsory Minimum Speed Concept

C. Priority Signs Traffic Lights. These refers to any power operated traffic control
device by which traffic is warned or directed to take some specific
actions Traffic light signals are used to control traffic at junctions and
also to stop traffic to provide safe crossing points for pedestrians
63. Stop Sign and cyclists

64. Yield Sign The color of traffic lights are chronologically arranged to give
motorists better view of signal lights From the top, the series of color
is Red, Yellow, and Green. If there is a left or right arrow, the color
alternates from green, yellow to red and is usually installed at the
III. Informative Signs left side of the green, yellow and red lights.

65. Directional Sign A. Historical Background. Traffic lights were first introduced on
railways the American railroads. Their application on the road came
only later. The choice of their colors, internationally adopted, was
not arbitrary. It was the result of traditions, careful considerations
66. Place Identification Sign and experience.
67: Stop sign for Loading and Unloading

1. The Colors. Today, traffic lights are taken for granted. Few realize
the amount of deliberation and the various factors that lead to their
selection. To begin with, fundamental conditions had to be met:
LESSON 4.3
a.The colors had to be recognized easily, quickly and unmistakably. 3. White for "Go". Though to give the green light" has become the
proverbial permissive signal in many a situation, gen was not the
b. This had to be possible from the considerable distance and while original choice for "go." White first indicated that the railroad was
in motion. safe and that the train could proceed without danger. After all, white
had always been regarded, though unscientifically so, as a pure and
c. The quality, intensity and contrast of the colors had to be such clear color. Consequently, in the language of symbolism it came to
that they served their purpose in all weather, day and night. express purity. Therefore, it was not surprising either that initially it
was decided upon to make it the signal that the line was "clear."

As for the choice of the individual colors best-suited to convey the


essential information, some seemed to be "pre-selected. Certain Furthermore, a white light was the most easily produced. It was
colors were traditionally linked with the very purpose they were now "natural," without the need of paint or other coloring aids. Like red
meant to serve. Almost from antiquity, their association had for danger, it seemed the obvious selection.
prepared them to express to the modern age of speed the command
to stop, to pay heed, or to go full steam ahead.

4.Caution. Two Tights" were to control the running of trains white for
"go" and red for "stop." It was then realized that safety would be
2. Red for "Stop". Red was an obvious choice for stop. It had always served better still by introducing a cautionary light to warn the driver
represented danger. Fire was red, man had learned early on to keep of an imminent change. Its color once again was to be determined
a safe distance from it lest he be burned. Blood was red, to shed it, by considerations of contrast, distinctiveness and visibility. The
brought death. It is no wonder that, therefore, ed became associated eventual choice was green.
with emergency and with danger.

At a meeting of railway officials in Birmingham, England, in 1841, it


Native tribes in many parts of the world made use of red to give was finally agreed to make red, green, and white the standard
warning and strike terror The Incas in ancient Peru, for instance, signals for "danger" caution, and go ahead."
made their messengers carry red beads when they wished to give
warnings of war Hence "red" was best qualified through man's
constant battle for life. In addition, in the prism of hues it was vivid
and distinct. 5. Green for "Go." It did not take long for "white" to prove the wrong
color for "go" Bitter experience taught that it was far from ideal. In
fact, it could prove fatal and for a very pertinent reason At that early
stage, kerosene lamps served as the source of light Any color other
than white was produced by fixing a color glass plate in front of the
lamp.
That is how green, yellow, and red became the standard combfiation
of colors for railroad signals. The New York, New Havens, and
Hartford Railroad, USA, was the first to introduce them in 1899.
It sometimes happened that the glass plate was smashed or just tell
off. In either case, the red warning light instantaneously changed
into the white "go ahead." An approaching train then had no
apparent reason to stop Full steam ahead it would rush on, with B. From Rail to Road Traffic. The increase of road traffic in cities
possibly disastrous consequences necessitated its regulation. Policemen on point duty did a good job,
but soon were outnumbered by intersections demanding attention It
became clear that only mechanical ads could solve the problem,
The traffic authorities did not have to go far ir, ther search. They
White hac proved unsuitable also for another reason which could simply adopted and adopted though very gradually and even before
cause confusion, if not a colision. After all, the white lamps were not their final standardization the ready-made and well-tried system of
the exclusive property of ways or used as traffe signals alone. railroad signals.

They served generally and in an ever greater number, as a source In England, primary consideration was given to Members of
of Illumination during night. Therefore how easily could it happen Parliament to help them safely across the street to reach the
that those in charge of a train could mistake a kerosene lamp put up Houses of Parliament, the Metropolitan Commissioner of Police in
to shed light as their signal telling them that the "road" was clear. London had the first lights installed at a 'danger spot near
Parliament. It was a revolving gas-fit lantern mounted on a pole
almost seven meters high, which indicated the red and the green
(the latter then still being used for "caution"). A policeman stationed
Green, after all, was a "natural" color. It was the hue of all foliage at its base controlled it by turning a lever. These "lights" were
and growing things. Man knew it so well environmentally that it inaugurated on December 10, 1868. No one then guessed the
spelled out to him life, safety and normality. Like the green sap in a hazard they presented. On January 2, 1869, the gas container
plant, it was symbolic of motion, drive, and vitality. Therefore, from supplying the lights with fuel exploded, badly injuring the policeman.
the very beginning, it should have been the obvious color for
signaling permission to proceed. Thus, green found its rightful place
in the scheme of traffic lights. All that was needed now was to find a
12 replacement color to "caution" drivers. The (second and final) One of the world's first electric traffic lights was developed in 1912 in
choice fell on yellow-amber. Salt Lake City, Utah, USA. by Lester Wire, a detective on the city
police force. A wooden box with a slanted roof, the lights were
colored with red and green dye and sbone through circular During instances wherein traffic officers are directing traffic at a
openings. The box was fmounted on a pole and the wires were Ossing or intersection equipped with traffic lights, the
attached to the overhead trolley and light wires: It was manually INSTRUCTIONS THE POLICE OFFICER TAKE PRECEDENCE
operated. over the traffic lights.

Cleveland, Ohio adopted a more elaborate electric signal in 1914, D. Problems Concerning Traffic Lights. There are several problems
which became the prototype of all modern systems. Its two colors arising from intersections controlled by traffic lights. These are:
(red and green) could be controlled either by hand or by an
automatic timer. They were supplemented by warning buzzers.
These couiu still easily be eard, as traffic then was not as deafening
as it is nowadays. 1. Failure to respect traffic laws and regulations particularly in the
absence of traffic law enforcers. In the Philippine setting, respect to
laws (not necessary traffic laws) needs improvement.

In 1918, New York City put up the first automatic (three-colored)


lights. Britair. followed suit as late as 1926 with stiil manually-
operated set in the west end of London. The first English automatic 2. When a traffic light suddenly becomes inoperative, very seldom
lights were installed as a one-day experiment in the following year at do order and a sense of discipline prevail. It always ends up as a
a busy intersection in Wolverhampton, a town in Staffordshire, massive free for all.
north-west of Birmingham. The test proved so successful that within
a month the new lights were adopted in Leeds, and, subsequently,
in Edinburgh, to become eventually and inevitably a common and
essential feature of traffic controls everywhere. 3. Even pedestrians are guilty of disobeying traffic lights by crossing
on DON'T WALK signs. This usually halts traffic.

C.Rationale. Regulating traffic flow at intersections and road


crossings just a matter of alternating the GO and STOP signal so 4. Many times, presence of traffic law enforcers does not deter
that every driver ets his "fair share". As a result of this, traffic lights pedestrians from disobeying traffic laws, rules and regulations
were invented to lieve the traffic policeman of the mechanical duties
of alternating traffic make everybody happy.

Oftentimes, inoperative traffic lights (ether due to brownout or out of


order) cause traffic jams. In cases like these, Lichauco advised that
IT IS SAFER TO SLOW DOWN OR COME TO A COMPLETE Traffic Signal Systems. Traffic Signal Lights use different signaling
STOP and make certain what the flow of traffic is Further, he noted systems which vary according to the needs of the traffic way.
the common observation that too many accidents have happened
with drivers on both sides ASSUMING that the light on their side is
SUPPOSED TO RF CREEN
-1. The Fixed-time System. A traffic control signal by which traffic is
alternately commanded to stop and permitted to proceed in
accordance with predetermined time schedule. This is the most
E. Classifications of Traffic Signal Lights. Traffic signal lights are widely used system of traffic signaling. The duration of the green
further classified into three Clight remains constant and is set to favor traffic on the main
roadway." Main-road traffic is halted periodically to permit the side-
road traffic to cross the intersection for a short fixed time before the
signal again favors traffic on the main road. The cycle lengths of the
1. Traffic Control Signals. These are signal lights designed primarily signal changes are determined by systematic studies of traffic flow
to control and regulate traffic flows and pedestrian needs. Such cycle lengths can be set to vary during
e day to accommodate changing traffic patters. Traffic-activated
controllers can also be used. These vary the length of the green
light - on a street according to changes in traffic demand.
2. Special Pedestrian Signals. These sgnal lights provides
regulation for pedestrians like the "WALK" and "DO NOT WALK
signal lights
2. Progressive System. The are used on major arteries of a number
of cities. Signals at successive intersections along the artery are
timed to change from red to green at staggered intervals, permitting
3. Train Approach and Gates Signals. These are usually installed on a vehicle that maintains a constant speed to proceed without
road-ra intersections designed to inform motorists of y approaching interruption under normal circumstances.
train on the intersection.

3. Computerized Control of Signal Networks. Signal changes


4. Other Special Traffic Signals. These are installed on traffic ways ordered by the demands of traffic and are directed by computers
where special regulations are emphasized like "YIELD TO that operate on the basis, of traffic information relayed from vehicle
VEHICLES COMING FROM THE LEFT", and other similar sensors on the streets. In this system, traffic detectors are placed at
regulations. several locations-generally in the pavement. A computer
continuously scans the traffic information from each détector. The
computer then selects the best timing for each signal to reduce a. GO
traffic congestione and minimize delays.

b. It is the turn of the vehicles on the other side to STOP.


Computerized Traffic Lights "Smart traffic lights can sense and
respond to traffic because of a wire-loop embedded in the road. c. Pedestrians are not allowed to cross in front of you.
Electric curent, run through the boop, creates a magnetic field.
When a car interferes with this field, a signal is sent to a roadside
traffic computer. The computer monitors traffic flow, coordinating a
light change as soon as it is d. Unless specified, you can move up to the middle section of the
intersection and make a left turn when clear. e. Vehicles GOING
STRAIGHT have the right of way.

G. Specific Meaning of Traffic Lights. To attain more effective and


efficient controlling of traffic, each color of the traffic light has
specific meaning and traffic regulation f. DO NOT ANTICIPATE A GREEN LIGHT.

1. Steady Red. 3. Steady Green Arrow.

a.STOP at the designated line a.GO

b. vehicles will be crossing from the other side b. Vehicles turning left can do so.

c.Expect pedestrians to cross at the pedestrian ane

d.Unless specified, you can TURN RIGHT after a FULL STOP to c. Un coming straight traffic is still REC to give way for the vehicles
clear traffic coming from the left. turning left.

2. Steady Green. d. DO NOT ANTICIPATE A GREEN ARROW.


d. Expect pedestrians to cross at the pedestrians' lane.

4. Steady Yellow.

e. PROCEED WHEN CLEAR.

a. PREPARE TO STOP

6. Flashing yellow.

b. It is the turn of the vehicles on the other side and will be given.

c.DO NOT BEAT A YELLOW LIGHT. a. This is the same as a YIELD SIGN.

the GO signal shortly. b. Proceed through the intersection with CAUTION.

5. Flashing Red. c. You have the right or way over a flashing RED LIGHT.

d. Vehicles on the other side will proceed after coming to a

a. This is the same as a STOP SIGN.

STOP.

b. STOP at the designated line.

7. Steally Green and Steady Left/Right Arrow. a. Vehicles can go


straight or vehicles on the left lane can make a left turn.
c. Vehicles will be crossing from the "other side".
b. vehicles can go straight or vehicles on the right lane and make a
right turn.
Pavement Markings Defined. These pertain to all lines, patterns,
words, colors, or other gadgets except signs set into the surface or
applied upon or attached to the pavement or curbing or to objects
within or adjacent to the roadway, officially placed for the pose of
regulating, warning or guiding traffic.

Similarly, pavement markings are standardized as to color and


location to conform to international standards. Becally, pavement
markings are placed on the roadway to convey warning or
information to the road users without diverting his attention from the
roadway under favorable condition.

LESSON 4.4 Knowledge of the purpose and use of each type of marking
important in order for motorists to drive safely. Failure either!
intentionally or by ignorance to observe the lines can prove
disastrous.
PAVEMENT MARKINGS AND MARKERSE

Types of Pavement Markings and Markers. Pavement markings and


Concept markers are further classified into the following depending on their
purpose and location of placement.

Pavement Markings and Markers. The pavements of all main


highways have certain markings to help you drive safely. Those
1. Pavement Markings. These are the lines usually white and yellow
include. the center lane lines, barrier lines, and directional arrows,
or a combination of yellow and white officially set on the roadway as
depending upon the type of highway and the needs for such-
separation for motor vehicles traveling in the opposite direction or
markings to make the road safe under varying conditions.
the came direction in case of two-lane one-way street two lane two-
way street or four lane two-way street.
Figure 28 Figure 31

Pavement Markings for Two-Lane One-Way Street Both cars 1 and Curb Markings for Parallel Parking
2 are traversing towards the same direction and they are separated
by a single white dotted or broken line.

3. Object Markings. These are markings placed on objects on the


road or beside the road like humps, rocks or similar hazardous
Figure 29 objects on the side of the road (see figure 32).

Pavement Markings for Two-Lan Two-Way Street Figure 29 shows Figure 32 Object Markings on a Road Hump
vehicles 1 and 2 are traversing towards opposite directions and they
are separated by white-dotted line.

4. Reflectorized Markings.

Figure 30

These are markings or gadgets designed to reflect and become


luminous when hit by vehides' headlight. These are placed or
Pavement Markings for Four-Lane Two-Way Street Figure 30 shows installed in the middle of the roadway to supplement separation lines
cars 1 and 2 are traveling the same direction while they are or on object at the side of the roadway which are too near or within
separated with a solid white line from cars 3 and 4 which are the road pavement itself.
traversing to opposite direction.

t. Specific Meaning of Pavement Markings. Pavement vary


2. Curb Markings for Restrictions. These are markings placed on the depending on the traffic regulations in its location or depending on
curbs or edges of the traffic for restriction or for parking / regulation
purposes (see figure 31).

markings
the road or traffic condition. passing and overtaking can be made but ONLY under
circumstances when there is no oncoming traffic.

1. Singie White Dotted Line. This pavement marking indicates


3. Single Continuous Line On a Four-lane Road. when found on
four-lane streets, indicates:

the following:

This sign.

a. on two-lane road, it separates traffic moving in opposite directions


(see figure 29).
a. when there are slow and fast lanes, NEVER overtake by passing
over the solid white line (see figure 30), b. lanes 1 & 4 (outer lanes)
for slow moving vehicles. Vehicles
b. on a one-way street, reparates traffic moving in one direction (see
figure 28 on the preceding page)

on this lane should not be BELOW the minimum speed limit. lanes 2
& 3(inner lanes) are usually for faster moving vehides.
cuvertakı-1 is possible whether ane is rear of upcoming Dossible. 2.
Single White Continuous Line in A Two-lane Traffic Way.

4. Double Yellow Line or Double White Line. A double yellow or


white line with a dotted line in between means (see figure 33): >
This line indicates the following: a. separates traffic moving in
opposite direction (see figure 30).

a. ABSOLUTELY NO OVERTAKING.

b. could be found in road sections that are dangerous. b. overtaking is extremely dangerous. c. stay in your lane until you
pass the end of the solid lines.
a.these are common on mountain roads

Figure 33 b. slow moving vehicles such as buses and c. heavy trucks should
always use the outer lane (lane 3).

ble Yellow or white Line with Dotted Yellow/Line in Between


d. inner lane (lane 2) is for vehicles to pass without having to use
the other lane (lane 1) for vehicles coming from the opposite
direction.
5. Single Yellow/White Line. A yellow or white line with a dotted

e. vehicles coming from the opposite direction (lane 1) should not


white line means (see figure 34). use the inner lane (lane 2) at the other side for overtaking.

a. that you cannot overtake if the solid line is on your side. b. if you Yellow Continuous Line with Passing Lane
overtake, return to your lane BEFORE the solid line

7. Crosswalk or Pedestrian Lane. This pavement marking


Figure 34

indicates the following (figure 36):


Single Yellow or White Line with Dotted Yellow Line Car 1 should
not overtake car 2 because the solid line is on its lane. Car 3 on the
other side can overtake car 4 because the dotted line is on its side.
a. for pedestrian to cross.

6. Yeliew Continuous Line on Road Provided with a Passing Lane.


This line indicates the following (see figure 35): b. stop for pedestrians on an intersection with no trainic light.
c. if you get in the wrong lane, you should keep going in the
direction indicated by the arrow until it is safe to turn off and get
C. DO NOT STOP or: pedestrian lane especially to load or unload back on the streel highway which will carry you to your destination.
passengers.

d. some have double headed arrows which means the lane is for
d. pedestrians should ALWAYS cross a street on a crosswalk. traffic going in the two directions indicated.

Figure 36 Figure 37 Directional ArrowS

Crosswalk or Pedestrian Lane 9. Stop Lines. These are painted across pavement lanes at traffic
signs or signals. Where these lines are present, you should stop
behind the stop line (see figure 38).

8. Directional Arrows. These pavement markings indicate the

10. The Barrei Lines. A new concept in reducing the seriousness of


accidents. The barrels are engineered to act as impact cushion.
following traffic regulations (see figure 37): a. directions of permitted Usually installed in front of a solid obstade or traffic island at an area
traffic movement. of high accident frequency (see figure 39).

b. when approaching intersections where pavement arrows are LESSON 5.5


used, you should enter the lane where the arrow points in the
direction you want to go.

HTT-AND-RUN INVESTIGATION
Concept

1. Injury might have been lessened or death prevented if the univer


had promptly sought help instead of leaving the accident scene,
Rationale. The objective of the investigation of a motor vehicle auri
dent involving the flight of one of the participants is two fold: Fust,
responsibility for the collision must be determined and second, the
dentity of the driver of the vehicle who fled the scene must_is__ 2 Streets would not be safe if motorists could flee accident scenes
established without accepting responsibility. Unless the negligent driver is found,

This lesson cov the latter of these objectives, the identification of the accident victims cannot get compensation for injuries and property.
driver who left the scene without complying with the toget
requirement of stopping, giving aid and identifying himself to the
other participants.
damage, 3 Public knowledge that the potice usually apprehend and
convict hit-and-run drivers deters other drivers who might otherwise
be inclined to evade responsibility by committing this senous
A. Hit-and-run Cases Defined. Evading responsibility is a term offense,
commonly applied to a traffic accident in which a driver fails to
comply with any of the duties required by Sec. 55 cf PA 4136.
Further, it states that no driver of a motor vehicle concerned in a
vehicle accident shali leave the scene of the accident without aiding and
the victim, except under any of the following circumstances, as
discussed earlier in this book 1 the driver is in imminent danger of
being seriously hammed by any person or persons by reason of the
accident; if the driver reports, the accident to the nearest officers of 4. Since leaving the scene of an accident is not socially acceptable,
the law, or if the driver tias to suminon a physican or nurse to aid the the police secure increased public support for the entire traffic
victim. control program by prompt apprehension and successful
prosecution of these offenders

B. Reasons of Apprehending and Prosecuting Hit-and-Run Drivers.


Hit-and-run drivers must be apprehended and the proper charges C. Two Important-Considerations. In any investigation of this kind of
must be filed against them because of the following reasons: accident 1920 Lusic considerations must be kept in mind. These are
D. Elements of it-and-Run. to attain the objective of stemmitys and
appretering the hit and run driver, as the investigator
The driver who flees the scene of an accident is not necessarily the
driver responsible for the accident. His reasons for flight are often
more important than the simple evasion of responsibility. He may be
wanted for another crime, or intoxicated, or without a valid license, You must prove suspect was diving the vehicle at the enerof the
etc accident Evca i you have witnesses to prove this, g evidence to
disprove nis

2 Suspect was involved in an accident resulting in death, personal


2. The hit-and-run driver often will report the damage to his own injury or damage to property/
vehicle as having been the result of another hit-and-run accident in
which some "other mysterious driver fled without identifying himself.
Similarly, it is not unusual for the hit-and-run driver to abandon his
vehicle and then report it stolen as a means of covering up his 3. Suspect failed to stop, give aid or information as to his identity to
involvement in the accident. other person(s) involved, to police or to anyone at the account sceny
or failed to take reasonable steps to notify the owner of damaged
property other than a vehicle. Do not overlook the possibility of a
simulated second accident to explain damaged caused by the fast
As stated earlier, the basic objective of these investigations is the accident.
identification of the driver who fled the scene. The discovery and
arrest of the driver, unce identified generally comes after the
location and recovery of the vehicle.
4. Suspect had knowledge of the accident/

However, the more recovery of the vehicle does not always


immediately establish the identity of the driver. a Physical evidence may prove the vehicle figured in the accident
b. Extent of damage to vehicle Extensive damage to vehicle would his daily occupational activities and chalks up his action as the
preclude allegation of lack of knowledge. If suspect refrained from calculated risk shared by all vehicle owners who place their vehicles
using his vehicle for several days since the accident, this would also on the roadway.
indicate the guit.

2. Classes of Hit-and-Run Drivers. They could be Drunk drivers


c. Guard against claims that the vehicle was stolen to responsibility. criminals fleeing froin the scene of the crime; improperly licensed
drivers or drivers with no license or with revoked or expired license;
drivers who fear publicity and prosecution, ignorance of the
accident; driver who flees in panik, drug addicts; insurance or
E. The Hit-and-Run Operator. the personality of the hit-and-run financial reasons; and or juveniles.
driver may be one of the following:

F.Frediminary Steps in Hit-and-Run Investigation. The following


1. Three categories based upon possible psychological explanations usually serve as the guideline for hit-and-run cases investigators:
for their motivation of flight:

1. Refer to checklist on Accident Investigation.


a. Apprehensive-panic-drive, /fearful driver intoxicated drivers;
without license; no insurance; his companion in the car is nothis/her
mate; stolen car, stolen goeds in car, leaving scene of another
crime, and fleeing crime scene or wanted for crime 2. Obtain the best possible descriptions of the car and driver.

Projectionist projects quilt This type of divers sits as judge and jury, a. A good description may be obtained from partial descriptions
tries the case himself, fials the other driver at laut refuses to be a given by witnesses.
party to the accident and dives off as the offended person.

b. Get the license plate and any unusual features of the vehicle. c.
The sneak operator. This type involves minor property damage-only Concentrate on the car's description first.
accidents like one that smashes a fender and smashes grillwork in
d. Dispatch initial description and all subsequent information te the 5. The Victim
Headquarters and to police agencies that may assist in -spotting-
and-stopping the suspect vehicle.

a. Check his clothing, other parts of his body, tire marks, grease,
paint chips, fragments, and such things that might have been left on
e. Bropcast descriptions of the suspected car and driver to all police him by the suspect car
units and offices.

b. If the victim is killed, get samples of uncontaminated blood from


f. Try to determine the damage to the fleeing car Appeal for him at the morgue and samples of hair, skin, etc.. C. Collect and
information through local newspapers, radio, TV, etc preserve for laboratory examination, the clothes, shoes, and other
items he was wearing at the time of the accident.

Carefully search the hit-and-run gene for physical evidence.


G. Follow-up Investigation.

During follow-up investigation, the investigator should


a. These may include broken glasses and fragments, hubcaps, paint
scrapping from hit-and-run car, other evidence such as dit from
subject car, radiator, ornament, etc..
1. Interview persons living along the cute teken by the hit-and-run
driver; also operators of filling stations and garages

b. Carefully preserve and label all evidence found at the scene. G.


Request laboratory study of evidence
2. Canvass parking lots and other filling stations and garages.

d. Watch out for the possible return of the nit-and-run driver to the
scene of the accident. This has been known to happen.
3. return to the accidents scene at the same time on the subsequent 1. Interview of Suspect. When the suspect is apprehended
days and on the day of the following weeks to obtain additional
witnesses such as delivery men operating on a scheduled roots.

1.Obtain a signed statement if you can.

4. Follow up phone calls to garages and dealers of into ports,

2.Get a full account of suspect's whereabouts and write it down just


in case he refutes in later.
5 Cuntinue appealing for information through the pros, radio and TV.

3. Approach and apprehend the driver of the suspect car as soon as


H. Search for Suspect Car. If it is located and recovered. he, ideritity and whereabouts are ascertained

4.Place the driver in a defensive position by proper directed


questions upon approach.

1. Look for physical evidence, such as latent fingerprints, pieces of


clothing, marks: darnaged parts, hair, blood, etc which will identity LESSON 5.6
the car as that involved in the hit-and-run acolent

SKIDMARKS AS A TOOL IN TRAFFIC ACCIDENT


2. Search the undercarriage of the suspect car. Determine also if INVESTIGATION
there is indication of disturbance in the grease or ditt adhering to it

Concept
3. Make a careful investigation for replaced parts
Skidmarks. The sudden application of brakes which is results, in the Thus, he must familiarize himself with the following marks that may
locked wheel condition places great pressure between the brake be left by a motor vehicle on a road surface:
doe and the brake drum that the frictional force at this point
becomes quater then the frictional force between the tire and the
road surface When this corvation exists, the wheels skid.
1. Centrifugal skid matk. A miking on a roadway it by a rotating tire
and wheel of a speeding vehicle on a curve when the speed of the
vehicle is above the critical speed of the curve and the Centrifugal
A. Skidmarks as a Tool in Traffic Accident Investigation. Following force.enarcy of partially overcomes thy: friction between the miss of
are the principles underlying on skid marks ww tool in anvestigation, the vehicle and its tres and the surface of the roadway.

1.Measurement of skidmarks gives idea on how fast the car which 2. Impending skid marks Marks caused by the forward rotaticas of
left these marks was going prior to the accident the wheels being dower itan the forward movement of the veficle.
The studowy beginning of a skid mark along the approach path of
the vehicle es the impending skid mark (ak a, as bre shadow
marks), while the darker markings are the skid marks which begins
-2. Estimates of speed based on skidmarks may lead to convictions; in the impending skid mark and ends at the point of collision or final
or knowing how to estimate speed correctly may help to keep an rest
Innocent person from being convicted.

3. Yawn mark. A scuffimark made while a vehicle is yowning the


For example, skidmarks 80 feet long were measured at an accident mark mode of the road by a rotating tire which is sipping in a
scene. A test skid made 20 miles per hour showed 20 feet long direction parallel to the axle of the wheel
skidmarks. It was argued in court that with skidmarks 20 feet long
from a speed of 20 miles per hour, the car must be going 80 mules 4. Skip mark. A braking skid mark interrupted at frequent regular
per hour to leave 80 feet skidmarks. The Unver was unjustly intervals, the skid mark made by a bouncing wheel on which
convicted. His actual speed was more nearly half of that, or 40 miles brakeskeep the wheel from turning, Compare with gap skid
per hour.

5. Side Skid Mark (Scuff mark) - It is a roadway marking leit by the


B. Other Tire Marks. The investigators' first job is to find out if the tire and wheel of a vehicle sliding sideways as a result of force other
mark on the pavement is a skid mark or another type of tire inark. than centrifuga! force
diver fated to observe the night of way and also show at the diver
dal not obey a traffic signal
6. Gap skid. A braking skid mark which is interrupted by release and
reapplication of brakes or which terminates by release of brakes
before collision.
E. Skidmarks Do Not Show All of the Speed. Skimarks never Show
Nt of the speed of a car before the accident happened. They show
only how far the car would have had to slide to stop in the distance
C. Other Marks and Impression Left by a Motor Vehicle either on the shown by skidmarks.
Road Surface or on the Other Motor Vehicle. When a motor vehicle
overturned on collided with another object like another moto vehicle,
it sometimes impresses or leaves marks that may be used to identify
the motor vehicle, if it fled the accident scene. These impressions or Evidence of Additional Speed. A car is somewhat going faster and
markings are: often faster is calculated from skidmarks because in addition to
losing speed is sliding the distance shown by the skidmarks, the car
losses some of its speed on one or more of the following ways:

1. Ruts. A sunken track worn by a wheel, as in road; hence, a


orcowe forming a path for anything.
1. Siding with one or more wheels before any skidmarks begin to
app-ar Dark clear skirimarks do not appear until the tires have slid
far enough to get hot enough to smear rubber of Scot on the
2. Gouge. A groove made by a hud part of mater echicle to another pavement. This is less true on such materials as gravel and dat.
car after sidesweeping each other or it may be left on a read surface
by a motor vehicle which overturned then slid on the road surface.

2. Braking without skidding. Cases that the motor vehicle does not
skid particularly before sliding begins; during gaps; and after marks
3. Paint Strips. When a vehicle collided with other objet, it and before the car comes to rest.
sometimes transfers its paint to the other object.

3. Dragging the car as it hits some object.


Skidmarks as Evidence in Accident Cases. Skidmarks will: A ME
termining the speed prior to the accident-or-collision show if the
vehicle was traveling in the wrong side of the road indicate of the
4. Damaging other cars or objects. 3 In any accident in which great Jomage was done will skidmarks
show more than small part of the speed, often a very minur part of it,
but if the skidmarks have been rightly identified and measured, it
can be said that the car was going faster than the speed calculated
5. Sliding other cars or objects along the way 6.- Vaulting or from the skidmarks, much faster if there was considerable damage
bouncing up into the air.

G. Things that Determine Skidding Distance. How far a car will take
F. How to Estimate the Approximate Speed of Motor Vehicle in to skid or slide to stop when all four wheels are locked depends on
Case Skid Mark is not present? In many crident of cry other many things. Three of these factors are important, and you must
consider them in every estimate of speeds based on skidmarks:
speed itralf is by far the most important; slipperness of the
pavement, and grade or stop of the road whether road up or down.
evidence of terrific speed is the WRECKASE (EXTENT OF
DAMAGE), but there are no skidmarks at all becaure brakes wise
not put on hard enough to lock the wheels. The following guides the
investigator H. Other Factors that Affect the Skidding. Every driver knows, of
course, that it takes much longer to stop on pavements that are
slippery, and that he can stop more quickly on an upgrade than
downgrade road.
1 When brakes are put on just before con- of vehida, the skidmarks
maybe only two or three weet long and therefore, how a speed of
only five or six miles per hour While the wreckage tells that total
speed may have been ten times as great Of many other factors on which distance depends, none has had a
very great effect. Most of them will affect a calculated speed by only
a few miles per hour. They, therefore, have a hitle effect on the
speed calculated from the skid marks usually not more than a
2. In accident in which most of the speed is lost in skidding the couple of miles per hour. Among those are factors are the following:
speed calculated from skidmarks may come close to showing how
fast the car was actually going. Accidents involving pedestoans are
the most common ones of this kind.
1. Brake Pedal Pressure. When wheels are actually slicing,
additional brake pedal pressure will not make the stoprony Jogt
Once the wheels have been locked and the car is sliding, the brakes
have done all they can in slowing the car and the rail of thes
pavement on the tires is what determines how fast the car svill slow hard pavements, however, chains may decrease read-groping
down. 00pacity.

2. Weight of the Car. Makes a great difference in stopping Istance 7. Direction of Slides. Makes a slight but unimportant difference. A
before the wheels lock, but once they live locost, it makes a very tire will lengthwise except in materials so soft that it plows or sinks.
little difference. It is true that it takes much greater pressure lark the
wheels on a vehicle when it is heavily loaded than it is empty.
However, when the wheels are once locked, a greater weight of the
vehicle, which gives it greater momentum, also causes it to press
harder on the road surface and therefore, give it a corresponding
greater drag from the pavement 8. Temperature of the Air and the Road Surface. Make some
difference. In general, on ordinary pavements, hot weather produces
longer stopping distance. This is not necessarily on the and snow

3. Tire Thread. On the most ordinary surfaces, a smooth tre and one
with a deep tread pattern will stop the car in about the same
distance. On some other surfaces, particularly on ice, a smooth 9. Against Head Wind. A car will side a little farthy from given steed
tread better because it distributes the weight over a greater area. with a tall wind than against a head wind, but this is not a matter of
great importance

4. Air Pressure. Makes a very slight difference in stopping distance.


On ice, for example, soft tire will distribute the weight a little more 1. Speed Estimates. For most ordinary parposes, you do not have to
and give somewhat better traction. consider those minor factors in establishing speeds from skidmarks
Because the minor factors are neglected, we can not calculate
speeds precisely We only estimate them. Some of the minor factors
would tend to give a higher speed and others a lower speed, and
5. Tire Material. There is a slight difference between thes made of they would paitly balance or cancel out
synthetic and those made of natural rubber

Sometimes all of the factors tend to give a high estimated speed. In


6. Road Surface. Of surfaces such as mud, snow, and on ice, tires this connection, the skidmarks do not show all of the speed and
quipped with chains have a better road-gripping capacity. On some
therefore, the probable actuel speed is still greater than your reasonable doubt. The other is a possible stadmark which will give
esumate you a more likely speed. The first is all you can use in court, the
second is often much useful in figuring out just what did happen in
the accident

1. Facts Needed. Good estimate of speed is based on certain facts


that of the accidents. come from observations and measurements at
the scene The accuracy of the estimate depends upon the accuracy e. Use the length that the wheels skid, not the tire slid Dual tires
of these observations and measurements. which leave two marks are considered as one whicel, and the skid
mark length is counted if either tire on the wheel leaves this mark.

1. Length of Skidmark. Consider the following:


f. There are two ways of figuring the length of a slide if all on the
same kind of pavement. These are:

a Be sure they are skidmarks not just tire marks (1) Straight Line. A slide is considered straight if both rear wheel
skidmarks do not go off to one side of the front wheel skidmarks.

b.Did all wheels slide or just some of them? It makes little difference
if tire is sliding forward or sidewise. (a) use the length of the longest Skid mark left by any wheel minus
gaps in it. This method is possible because all wheels slide about
the same distance. We know that the brakes definitely have been
applied throughout the entre distance of the longest Skid mark.
c. Are there any gaps in the skidmarks? Be sure there are gaps
caused by a release of brake pedal pressure and not skids caused (b) If one wheel does not slide as far as the others, still was about
by hounced. to slide when the others began. The drag on the pavement by this
wheel is about the same just before itbbegins to slide as when it is
actually sliding. It may even be greater.

d. What is the length of each skidmarks around any curves? it may (c) Therefore, we are usually safe in saying that all wheels are
not make straight from beginning to the end in the shortest line. You dragging as much as if there were sliding wheel skid applies to
may want to consider two separate lengths for each Skid mark: One motorcycles, trucks, truck and trailer combinations, and buses as
of these is based on the part of the Skid mark you can positively well as ordinary motor vehicles.
identify. It gives you speed which will be minimum beyond
(2) Spin. A siide is considered a spin if both rear wheel skidmarks do (2) Fail to include in the sliding distance à skid shown by a shadow
get off to one side of the front wheel skidmarks. as well as that more clearly shown by the smear of the hot tire.

(a) Take the length of each skirimarks minus gaps. Add the Skid
mark length for all wheels and divide the numbers of wheels.
(3) Neglect to note whether they are guns in any of the an overall
(b) This method is necessary in the case of the spins because length without separate measurements for each wheel, This usually
some of the wheels slid much farther than others; one end of the car includes the wheel base of the car with the result that the sliding
may practically stand still wable the other sweeps around it. distance skidmarks.

(c) Use this method only when there is about the some weight on (4) Show only appears to be length longer than it really is
front and rear wieds, that is daily for ordinary cars, motorcycles, and
light trucks with trailers or neavily loaded trucks having duel tires en
thereas Uneven
(5) Fail to note whether the skidmarks are straight or a spin.
weight with a spin requires special calculqations.
(6) Measure straight across from beginning to the end of a curve
skidmarks rather than around its length.

(d) This method gives you a figure for the sliding distance of the
vehicle. It is not necessay to compute it more accurately than to the
nearest foot For us length you may have two figures, one a positive h. If the facts are not all there, assumptions should have to be made
distance and one a possible distance about the distance the car slid. For legal purposes, you may assume
only what may be true beyond reasonable doubt. Hence, poor
observations and measurements often leave you little value to go
on.
g.Unfortunately, many invesugations are cardessly made. For
example, investigators may:

(1) Fail to show whether all wheel s i. Nevertheless, reasonable assumptions regarding conditions which
more. definitely observed in investigations may be very helpful in
coming to a conclusion about what probably happened.
2. Coefficient of Friction or Drag Factor, the measurement of the slides in coming to stop, then the drag factor, which we call "F", the
maximum frictional resistance of pavements. It is equal to the force formula will be:
exerted when the wheels are skidding divided by the seaght of the
car.

F = S² 30(D)

Slipperness of surface must also be known in order to calutilate


speeds from skidmarks. We tell what this slipperness by a number,
usually decimal less than 1.00. Whan any object is shading, the (3) The "30" is the formula because speed is given in miles per hour
surface it slid on puts a friction drag on sliding tire that slows the car. and the distance in feet (transformation of feet per second to miles
A slippery movement creates a small friction fray and an abrasive per hour). It is called a constant because it stayed the same in all
pavement a big drag. If we divide the amount of friction drag in problems for which the formula is used.
pounds by the weight car in pounds, we get the number that
describes the slipperiness.

(4. to find slipperines number, F, we multiply tins speed by itself and


then divided by 30 times the stopping distance. You do not need to
a. Principle of Computation For example, the day of the pavement carry the division out more than two places to the right of the
on the sliding tires of an automobile is 3,000 tbs: The automobile decimal point
weights 4,000 lbs. The number representing the slipperiness of the
pavement, or its friction drag, is then 3,000 divided by 4,000 or 0.75.

b. Applying the Principle of Computation On a test to incasure


pavement slipperess, a car was stopped in 10 it from 30 miles per
(1) This friction drag factor or slipperiness number is called hour.
technically the "COEFFICIENT OF FRICTION YOU can measure
the drag factor of a pavement by making a test skid which tells how
far a car slides on that pavement white stopping from a known
speed. (1) Substituting these numbers for the letters representing them in
the formula, and doing the arithmetic involved, we have :

(2) The drag factor or coefficient of friction can be determined by


use of a formula If we let "S" stand for the speed in miles per hour
from which the test skid is made and "D" the distance in feet that car
(2) It is very important that the test skicks to measure pavement
slipperiness be correctly made. You are unlikely to do it right without
special experience. horizontal distance

(3) At least two skids are desirable Compute the slopenness


separately for each. Unless these are within 0.05 each other friction
calculated from any of several test skids made on the same paving. vertical rise or fall
This is necessary if you want to be sure beyond reasonable doubt of
calculated speeds.

(4) Test skids using the same car that was in the accident are the d. Possible ranges of pavement Drag Factors for rubber tires The
best. They thus take care of some of the minor fector such as the drag factor or coefficient of friction of a pavement of a given
weight of the car, the tire material, the tread pattern, tire pressure description may vary considerably because quite a variety of road
and therefore, make the estimate more reliable sufoces maybe described in the same way. Some of these
Monations are due to the weight of the vehicles, a presiune in the
gre bread design, air temperature, speed and some other fester

3. Grade or siope (Gradient). This is the degree of inclination or


declination of the road. It is quicker to stop uphill than on level road
and downhill road 4. Reaction Time This is the distance traveled before applying the
brakes It is computed by.

a.Grade is measured by a number usually less than 1.00. The


measurement is the number of the feet that the road rises or falls for a. Divide seconds in an hour (3,600) into feet in a mile (5,220) =
each feet of the horizontal distance. 1,467. b. To determine distance you will travel in cne second, nullay

To find livide the vertical rise or fall by the lonzontal distance. It is 1.457 (1.47 or 1.50) times the speed at which you are traveling
not necessary to carry these division more than two places to the
night of the decimal

C. Time to get foot off the accelerator and slam it on the brake is 3/4
of a second on the average. The age of the driver should be
c. Use this formula considered
K. Procedure Followed by the Philippine National Police (PNP).
Members of the PNP when considering skid mark as evidence
d. x speed = length in feet covered before brake works obscive the following

5. Brake Tests. The brakes of the car can be tested when the test 1. The cificer submits as evidence in a case the measurements fixe
skids are made. If the brakes are inadequate, the operator should skidmaiks and the Court interprets the forts in the light of the
be advised that he may attempt to demonstrate their adequacy. evidence: Some counts require the assistance of exp
measurements should be accomplished by two men and shoulies
and photographs with measurements indicated should be made son
after the accident
a. in most states (U.S.), a vehicle traveling at 20 mph must stop
within the following minimum distances: Two-wheel brakes-foot
pedal: vehicle should stop within 45 ft; four-wheel brakes-foot pedal:
vehicle should stop within 30 ft.; and hand brakes: vehicle should 2. Some police departments have their officers skud a velucle to a
stop within 75 ft. stop from the legal speed limit, if this can be done safety, and
compare the skidmarks with those in the accident

3. Some would draw conclusions from tests based on physical


calculation.

b. Brake tests should not be conduced when the 10xl Sana wet.
Tests on wet surfaces may result in personal injuries to bystanders
or others concerned in the tests. The velice should be examined to 4. Measurement of Skidmarks
ascertain if it complies with legal safety requirements and whether
its bras reporting odds

c. Use of Decelerometers. These are devices which hold their a. Should meet legal standards Officers measuring the skidmarks
readings and modicate on a cockiie face brating efficiency of the car and the distances should venly each other's measurements so that
being tested. they can corroborate each other's testimony in court
b.Evidence should be presented to show that the skidmarks were through skidding of tires that a fairly accurate calculation may be
made by the suspect car. made of the vehicle's speed before the accident.

c. Witnesses should testify in court. 3. Test Runs. In making calculations for speeds from skidmarks, it
often necessary to conduct one or more test runs, using the vehicle
involved in the accident or, if it cannot be driven, another vehicle of
similar characteristics may be used.
L.Basic Principles in Calculating Speeds from Skidmarks.

à. Conditions should be the same as those existing when the


1. Energy and vehicle speed. An automobile-moving-at-any speed accident occurred. The character of the road, whether wet or diy,
possessés energy. As the speed of the vehicle increases, the should be the same. b. Conduct tests on the same road surface and
resulting energy developed also increases as the square of the ratio in the same direction.
of the increase in speed. Examples:

Vehicle's speedometer should be checked, and any difference from


20 kph = 40 accurate calibrations should be noted.

30 kph = 90 d. A speed consistent with safety, such as 20 or 30 miles per hour,


should be selected for the test run.

10 kpl: = 160
e. Brakes should be applied suddenly and as hard as possible when
the car is moving at the selected test speed.

2. Stopping a Motor Vehicle. Whenever a moving vehicle is stopped,


the energy which it possesses at that time must be expended or
spent. It is only when most or all of the vehicle's energy is expended f. The length of each skid mark should be measured
a 5 5S/OF (+/-1)=(up or downhill)

g. if a brake detonator is available, the total braking distance should


be accurately determined using such equipment, either
mechanically or electrically operated. c. D= skidmacks

h. It is advisable to conduct two or three tests at the selected speed.


The test of longest braking distance which favors the defendant is
used in calculation, 30F

S² d. F=-= Drag Factor 300

I To avoid possible differences in the application of brakes by the


driver, & is advisable to have the driver of the accidents vehicle
duve the car in the test runs. 2. Where: E = speed (mph); F= coefficient of friction (diag factor), f-
grade (1, 2, 4) or super elevation; and D= distance (feet)

M. Speed Calculation. If vehicle stopped solely by daddig, IS med to


calculate the speed of the vehicle at the beginning of the d by usry When accident vehicle can not be driven: When the vehicle is
the formula based on the principle that skinding or braking distances damaged that it cannot be driven, part of the vehicle's energy is
vary as the square of the speed. expended in damaging the car and the object struck.

1. Formulas Used in finding Speed Estimates. The following are 1. A calculation of speed from skidmarks left under these
some of the formulas being used in estimating speed (mph): circumstances gives a speed based only on the amount of energy
expended in the skidding.

25 = 55/ OF = (speed on a level road)


2. Consequently, the resulting speed value may be considerably
less than the actual pre-accident speed, since it is not possible to
determine how much farther the vehicle would have skidded there
been no collision.

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