FUNDAMENTAL OF CRIMINAL INVESTIGATION
was it committed.
1.Criminal investigation Defined
Criminal Investigation is an art which deals
with the identity and location of the offender and
provides evidence of his guilt through criminal
proceedings. Inasmuch as it is not a science, it is
governed by rigid rules or laws but most often, it is
governed by institution, felicity of inspiration and to a
minor extent by chance.
2. What is the exception to the general rule that a
criminal investigation is not a science but an art?
The exception to the general rule perhaps is the 1987
Constitution which states among other things, that an
arrested person under custodial investigation is
afforded with the three Constitutional rights. Such as:
1.The right to remain silent
2.The right to counsel
3.The right to be informs of the nature cause of the
accusation
3. What is the legal consequence if an arrested
person under custodial is deprived of the fore
stated constitutional rights?
Any testimony of statement taken from the arrested
per- son who is deprived of the three constitutional
rights be in admissible as evidence in the Courts
of Justice,On the other hand, the investigator may
be held criminally liable for violation of' law.
4. Criminal Investigator Defined
A criminal investigator is a person who is charged
with the duty of carrying on the guilty and provides
evidence of his guilt.
5. What is the primary job of an investigator in
order to determine whether or not an offense has
been committed under the law?
Primarily, the job of an investigator is to discover
whether or not an offense has been committed under
the law, after determining what, after determining
what specific offense has been committed. He must
discover How it was committed, By whom was it
committed, Where was it committed, When was it
committed, and under certain circumstances, Why
The accurate and all inclusive observation by the
6. What are the five (5) qualities of a good
investigator?
The five qualities of a good investigator are:
A.The ability to preserve or stick to task in spite of
the monotony and the many obstacles which
surrounds it.
B.He must have certain abilities and intelligence
which would enable him to acquire information easily
and readily and to use this information truthfully. He
should have the capacity to think through situations.
The investigator must be as intelligent as the offender
C.He must be honest. He must be incorruptible and
must possess personal integrity. The investigator will
be subjected to all kinds of temptations: physically,
emotional and material. Temptation to gain will be
continuously present and he must be able to
recognize and resist it.
D,He must have an understanding of the people and
the environment in which he lives. He must know the
weakness and strength of people, so that he can use
them to his advantage, particularly during
interrogation. A knowledge of psychology of human
behaviors is essential to the investigator. The
investigator should be aware of the factors of the
social pattern that contributes to the kinds of
behaviors exhibited by the individual.
E.He must have a keen power of observations and
accurate description. Observation implies a clear
mental picture of what is seen. It requires a seeing of
detail, a study of detail, and recognition that the
whole picture is composed of many details. A good
investigator must observe them accurately and
completely. He must train himself to observe and
perceive persons, places, things, and incidents as
they really are. He must be trained to see and to
record. He must be trained to see and to record facts
and must practice observing and recording facts,
observation without the complimentary ability of
description is valueless in investigation work. The
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investigator must learn to describe what is observed.
individual is meaningless to all even to himself unless
he can tell clearly and precisely what was seen.
7. Name the (7) factors responsible for inaccuracy
of recollecting what has been observed.
A. Addition of details which were not in the original
picture.
B. Some items may be dropped from one observation
and other items from a different observation may be
integrated by means of substitution.
C. Recollection is subjected to transposition in time,
sequence and arrangement of details.
D. Focused attention. Some persons, by training will
note only certain details and overlook others. They
see only one thing and are oblivious to the rest.
E. Transmission of information leads to inaccuracy.
Words are used to convey description. We all have
difficulty in translating observation into such
language as will actually convey our picture. Due to
communication are laid on the speaker and the
listener.
F.Incompleteness or simplification. Too much
simplification may lead to omission of details which
may in the future be essential in the investigation.
G.Too much self confidence in their recall. An
investigator may rely too much on his memory of
what has been observed and described through
memory, but recollection may not be vivid and
actual.INITIAL STEPS IN CRIMINAL INVESTIGATION
8.What are the 9 Golden Rules to be observed by
the Investigator upon his arrival at the scene of
the crime?
A.Identify and possible, retain for questioning the
person first notified the police.
B.Determine the perpetrator by direct inquiry or
observe him, if his identity is immediately apparent.
C.Detain all persons present at the scene.
D.Summon assistance, if necessary.
E.Safeguard the area by issuing appropriate orders
and by physically isolating it.
F.Subsequently, permit only authorized persons to
enter the area.
G.Separate the witnesses in order to obtain
independent statements.
H.Do not touch or remove any object.
I.Definitely assign the duties of the search is
assistants are present.
9. One of the Golden rule is “Do not Touch or
Move any Object.” What should then the primary
job of an Investigator before applying this rule?
The investigator upon his arrival at the scene
of the crime should consider the following two
important steps before he touches or moves any
object.
A.If the victim is still alive, the investigator should try
to gather or acquire information from the victim
himself with regard to the surrounding circumstances
of the crime, while calling for assistance for an
ambulance from the nearest hospital. Then, measure,
sketch and photograph the crime scene immediately
after the victim is removed and brought to the
hospital for medical assistance.
B.If the victim is dead, the body should be removed
only after the crime scene is measured, sketched and
photograph.
Assignment of Duties
Only one investigator may be assigned to
handle a case when it is a minor one if the work load
of the office is great. When a case is relatively
important and to insure maximum effectiveness.
A.Officer-in-charge – One who direct the search,
assigns duties, and assumes responsibility for the
effectiveness of the search.
B.Assistant – He must implement the orders of the
Officer-in-charge.
C.Photographer – He photographs the scene and
individual pieces of evidence.
D.Sketcher – He makes a rough sketch of the scene
given and later a finished sketch.
E.Master Note-taker – One who writes down in short
hand the observations and descriptions during the
search.
F.Evidence Man – He collects, preserve and tags
articles of evidence.
G.Measurer – He makes overall measurement of the
scene.
The Search
Before the actual search is done, the
investigator must stand aside and make an estimate
of the situation. A certain area where there are no
possible traces of the crime may made as the “head
quarters.” Having formed the estimate, the
investigator can now determine the number, kind
and views of the photographs he wishes to be taken.
The basic guide for the investigator to look
upon are evidences to establish one or more of the
following:
1.The corpus delicti or the fact that a crime was
committed
2.The methods of operation
3.The identity of the guilty party.
10. Explain briefly the (4) mechanics of search:
illustrate each.
If the area to be searched is limited indoors
with few contents or any other situation which will
preclude a systematic method of choice will do,
provided that alertness, knowledge and experience
of the participating investigators are present.
If the area to be search is quite extensive, a
more systematic scheme of approach is
recommended. The following are the different
methods of search.
1.Strip Method
The searchers (A,B, & C) proceed slowly at
the same pace along the path parallel to one side of
the rectangle. At the end of the rectangle, the
searcher turns and proceeds back along the new lane
parallel to the first movement.
In the modification of the strip method known
as the double strip or grid method, the rectangle is
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traversed first parallel to the base and then parallel
along the side.
2.Spiral Method
The searchers follow each other in the path of
a spiral, beginning in the outside and spiraling in
towards the center.
3.Zone Method
The area to be searched is divided into
quadrants and each assigned to one quadrant.
4.Wheel Method
If the area to be searched is approximately
circular or oval, the wheel method may be used. The
searchers gather at the center and proceed outward
along radi or spokes.The principal drawback o this
method is that the distance between searchers
increases as they depart from the center.The
investigator must see to it that the search made with
the employment of any of the above methods must be
thorough.The discovery of any physical evidence in
the course of the search must be collected and
preserved without specifies regard of their relation to
the crime.
Basically, a searcher must primarily concentrate on the
following types of evidence.
1.Those which establish the element of proof that the
crime was committed;
2.Those which may serve to trace the criminal
11. What is meant by reconstruction of the crime?
After of completion of the search, an effort
must be made to determine from the appearance of
the place and its object what actually occurred and
what the circumstances of a crime were. This is
known as reconstructing the crime.
12. What are the kinds of reconstruction? Explain
each.
A.Physical Reconstruction – The physical
appearance of the crime scene is reconstructed from
the description of the witnesses and the indication of
the physical evidence.
B.Mental Reconstruction – from the physical
reconstruction, some construction can be made
concerning the consistency of the accounts of various
witness. No assumption should be made concerning
actions which are not supported by evidences. The
final theory developed by the investigator should
provide a line of investigative action.
13. What are the equipments used in the search?
A.Searching tools – Flashlight, magnifier
B.Sketching Instruments –
C.Measuring devices-compass, steel tape, ruler
D.Recording material-Chalks, graphing paper,
sketching pad, clipboard, paperpad for note making.
E.Collection of evidences – Cutting fliers, knife,
screw driver, shear scalper, dropper, forceps,
fingerprinting equipments.
F.Preservation of evidence –
1.Container – bottles, envelopes, test tubes, pins, and
thumb tacks
2.Label and seal-Evidence tags, gummed labels,
sealing wax and grease pencil.
Photographing the Crime Scene
There must be a series of photographs of the
crime scene to supply the maximum information to
be enabling the viewer to understand how the crime
was committed.
14. What are the maximum requirements to be
observed by the investigator to ensure the
admissibility of photographs in the court?
1.The object which is presented should not be
immaterial or irrelevant.
2.The photograph should not unduly incite prejudice
of sympathy.
3.The photograph should be free from distortion.
Distortion in photograph may assume any of the
following forms:
1.Incorrect points of view – The photograph maybe
obscure essential objects and emphasize others.
2.Perspective – Distortion of the picture may be due
to the improper relationship of local length of lenses
of print viewing distance and tilting of the plate or
lenses board
Tone – Misrepresentation of tones can be
accomplish by the manipulation of exposure,
development and choice of printing paper.
15. What are the kinds of photographs to be taken
at the scene of the crime?
A. Over all photographs – Carried clockwise until at
lease four general view photographs have been
taken.
B. Photographs of the Deceased – A set of views
showing the relationship of the dead body with the
surroundings.
C.Photographs of articles of evidence – Weapons,
blood strains, hair, fibers, and papers etc., seen at
the crime must be photographed before removal.
D.Special Techniques – Ultra-violet and infra-red,
orthostereos-cipy, photomicrography
microphotography, radiography, grammagraphy,
cinematography and projection work.
E.Photograph of the environs –
F.Photograph the body after removal –
1.Photographing the body after removal for
identification of the victim.
2.Close up pictures of the wounds.
Sketched of the Crime Scene
The sketch is the dimpliest and the most
effective way of showing actual measurements and
identifying significant items of evidence in their
location the scene. Sketching is supplementary to
photography.
16. Name of General kinds of Sketches
A.Rough Sketch - Made by investigator at the crime
scene. No scale proportion is ignored, and
everything is approximated. It is to be used as a basis
of the finish sketch.
B.Finished Sketch – Made primarily for courtroom
presentation. Scale and proportion observed.
17. Name of the specific kinds of Sketches
A.Sketch of Locality – The sketch of locality give a
picture of the scene, the crime and its environs,
including such items as neighboring buildings, road
leading to the location or house, etc. In arson cases,
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the sketch of location is of great value as an aid in
determining whether the fire was caused by nearby
inflammable property.
B.Sketch of the grounds – The sketch of the grounds
pictures the scene of the crime with its nearest
physical surroundings i.e., house with a garden, the
plan of one or more floors in a house and so forth.
C.Sketch of Details – The sketch of details describes
immediate scene only.
18. What are the elements of sketching?
A.Measurements – Must be accurate.
B.Compass Direction – A Standard arrow to designate
the north must be indicated to facilitate proper
orientation
C.Essential Items – sketch must include important
items of investigation.
D.Scale of proportion – The scale of drawing depends
on the area to be shown. The amount of details to be
shown and the size of drawing paper available. The
actual scale must be stated in the sketch.
E.Legend - The explanation of any symbol used to
identify objects must be stated. But excessive
letterings in the sketch generally results in a
crowded sketch and obscurity of the essential items.
F.Title – This includes case identification,
identification of the victim, scenes portrayed,
location, date and hour when it was made, and the
name of the sketcher.
19. What are the rules of sketching?
A.Never forget to determine the direction of the
compass. Draw it on the sketch.
B.Control measurements. Don’t rely on others to give
them.
C.Do not draw things which are clearly irrelevant to
the case.
D.Never rely on memory to make corrections at the
station house, at home, or at a place from the scene of
the crime.
E.The scale must be drawn on the sketch. If a camera
has been used, mark its position on the sketch.
20. Define Physical Evidence.
 Articles and materials which are found in
connection with the investigation and which aid in
establishing the identity of the perpetrator or the
circumstances under which the crime was committed
or which, in general assist in the prosecution of the
criminal.
21. Name the Kinds of Physical Evidence.
A.Corpus Delicti – Objects or substances which are
essential parts of the body of the crime
B.Associative Evidence – Evidence which links the
suspect to the crime scene or offense. Fingerprints
and shoe impressions are good example.
C.Tracing Evidence – Articles which assist the
investigator in locating the suspect.
22. What are the Evaluation of Physical Evidence
The investigator must be able to recognize
the valuable physical evidence and determine its
significance to the offense.
In order that an investigator can appreciate the value
of physical evidence, he must have the following
characteristics:
A.A knowledge of the law of evidence.
B.Ability to recreate imaginatively the event
preceding during and after the commission of a
crime.
C.Ability to recognize indications of the “modus
operandi.”
D.Knowledge of substantive law relating to the
offense.
D.Knowledge of scientific laboratory techniques and
the conclusions which may be derived from their use.
23. What are the procedures needed for the care of
Physical Evidence?
In order to introduce physical evidence in a
trial, three important factors must be considered:
A.The article must be properly identified.
B.Continuity or chain of custody must be proved.
C.Competency must be proved, i.e., that the
evidence is material and relevant.
24. Explain briefly the “Chain of Custody” of
physical evidence.
The number of persons who handle evidence
between the time of commission of the alleged
offense and the ultimate disposition of the case
should be kept to a minimum. Each transfer of
evidence should be receipted. The receipt of the
evidence shall be accountable for it during the time it
is in his possession. He must protect it and also to
whom it was delivered.
25. What are the purposes of protecting physical
evidence?
Evidence must be presented in court in the
same substantial condition as it was at the time the
offense was committed. It must be protected from
accidental, intentional and even from natural
alterations.The following are purposes of protecting
physical evidence.
A.Certain types of evidence, such as latent finger
prints, are so fragile in nature that a slight act of
carelessness in handling can destroy their value as
clues and remove the possibility of obtaining from
them any information which would further the
investigation.
B.It is necessary that the evidence presented in court
be in condition similar to that in which it was left at
the time of the offense..
26. What are the three (3) tools of the three I’s of
criminal investigators?
The tools of the investigators are the three
“I’s”, namely Information, Interrogation, and
Instrumentation. Their application varies in
proportion depending on their necessity to establish
the guilt of the accused criminal trial.
27. What is the meant by information?
Information is the knowledge which the investigator
gathered and acquired from other persons.
28. Name two (2) kinds of information.
A.Information acquired from regular sources such as
conscientious and public-spirited citizens, company
records and files of other agencies.
B.Information which the experienced investigator
gathered from cultivated sources, such as paid
informants, bar-tenders, cab drivers, licensed
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owners and employees in general, former criminals
or acquaintances.
29. State the importance of Information.
Information is an important in investigation
because it answers the question. “Who did it”? Once
acquired, such information will enable the
investigator to try to solve the problem in order to
find proper solution.
30. What do you understand by Interrogation?
Interrogation is the process of questioning
witnesses and suspects to obtain further information.
The effectiveness of interrogation depends on the
craft, logic and psychological insight of the
interrogator in interpreting the information relevant
to the case.
31. Differentiate Interrogation from Interview.
The term Interrogation maybe used to mean
the simple questioning of a person who is
cooperating with the investigator; while interrogation
may be to describe the vigorous questioning of one
who is reluctant to divulge information. The
investigator must nor overlook to ask the suspect
whether he committed the offense. Sometimes this
question is overlooked in the eagerness to use
redefined ways or techniques of modern crime
detection. If the questions are intelligent and forceful,
the suspect will be induced to talk.
32. What do you understand by Instrumentation?
Instrumentation is the application of
instruments and methods of physical science to the
detection of crime. It is the application of physics,
chemistry, and biology in crime detection. It is the
sum total of the application of all sciences in crime
detection otherwise known as criminalistics because
it includes also all the technical methods by which the
fugitives may be traced and examined.
33. What are the different ways in which,
criminalistics may be useful in criminal
investigations?
A.By supplying one or more missing links in a chain
of evidences.
B.By strengthening a weak link or links in the chain of
evidences.
C.By checking a the accuracy of the statements made
by the (1) suspect, or(2) by material witness.
D.By clearing up doubts points in the preliminary
stages of an investigation which may or may not be
significant at a later stage.
E.By assisting rapid clearing up of routine inquiries.
34. Name the three (3) phases in criminal
investigation
A.The criminal is identified.
B.He is traced and located.
C.The facts proving his guilt are gathered for court
presentation.
35. What are the four (4) ways in identifying
criminals?
A.by confession
B.by eyewitness testimony
C.by circumstantial evidence
D.by associative evidence
36. What are two (2) kinds of criminal identified
by witnesses?
A.Known fugitive – If the criminal is known, then
police records and pictures are available. His
relatives and friends can offer a description. Further
description may be obtained from local police files,
background investigation and from verbal
descriptions of others.
B.Unknown criminals – Identification of unknown
criminals by eyewitnesses must be approached with
caution by investigator. The description and
characteristics may be vague that identification is
difficult.
The value of Identification by Eyewitnesses
Depends on:
1.The ability of the eyewitness to observe and
remember the relative “distinctiveness” of the
accused’s appearance.
2.The prevailing conditions of visibility and
observations.
3.The lapse of time between the criminal event and
the identification.
37. Name the methods of identification by
Witnesses
A.Verbal Description – The value of the description
must depend on the capacity of the witness to
describe the criminal.
B.Photographic Files – (Rogue’s Gallery) – The
witness maybe taken to the headquarters to examine
the photographs in the file. The modus operandi file
may also be shown upon knowledge of the technique
of the commission of the crime. The witness should
also be instructed to call the investigator’s attention
to any strong similarity in photograph of a single
feature, as the nose or mouth.
C.General Photograph - The investigator should
show the witness the variety of facial types which do
not necessarily represent the criminal. The picture
only represents different features of the face. The
image of various features such as the degree of
baldness, length or shape of the nose, the shape of
the ear, etc.
D.Artist Assistance – Identification maybe made by
the employment of an artist to depict a composite of
the feature described by the witness. The witness is
shown a chart which contains representation of
various types of human features as noses, eyes, ears,
etc., and is requested to select the individual features
represent in the unknown criminal. From this
selection, the artist draws a composite of the face
which maybe a close approximation to that of the
criminals.
38. State procedure of identification by witness of
the persons in custody.
The investigator can increase reliability of
identification by eyewitness through the medium of
the intelligently conducted “line-up”. The police line-
up is more profitably used as means of selecting a
suspect from a group of innocent persons. The
purpose of line-up is the elimination of the power of
the suggestion as a factor in identification.
Procedure.
There must be a group of seven (7) to ten (10)
persons. Their appearance must be almost the same
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as to height, hair color, and clothing. The suspect
must be the opportunity to select the position in line-
up.
39. Give the basis of Identification of witnesses.
A. Face
*Forehead – high, low, bulging, or receding
*Eyebrow – brushly or thin; the shape
*Muscle – length, color, shape
*Eyes – small, medium or large: color; clear, dull,
blood shot; glasses
*Ears – size, shape; size of lobe; angle set
*Cheeks – high, low, or prominent cheeckbones; fat,
sunken, or medium
*Nose – short-medium, big or long; straight; aquiline
or flat; hooked or pug
*Mouth – wide, small or medium; general expression
*Lips – shape; thickness; color
*Teeth- shape;condition; defects; missing elements
*Chin – size; shape general impression
*Jaw – length; shape; lean heavy or medium
B. Neck – shape; thickness; length ; Adams apple
C. Shoulder – width and shape
D. Waist - size; shape of abdomen
E. Hands – Length; size; hair; condition of the palms
F. Fingers – length; thickness; strains; shape of nails;
condition of nail.
40. Do you understand by circumstantial
evidence?
Circumstantial evidence establish indirectly by
proving if other facts or circumstances from which,
either alone or in connection with other facts, the
identity of the perpetrator can be inferred.
41. When may circumstantial evidence be efficient to
produce conviction?
A.When there is more than one circumstances.
B.When the facts from which the inferences derived
are proven.
C.When the combination of all the circumstances is
such as to produce a conviction beyond a reasonable
doubt.
42. What must be inferred to prove identity by
circumstantial evidence?
A.Motive – It may be inferred from circumstances
and from the statement of witnesses that the suspect
has been motivated by a desire for a revenge or
personal gain. Motive is hard to establish in crimes
committed by mentally deranged persons.
B.Opportunity – This is the physical possibility that
the suspect could have committed the crime. It may
be deduced from the following:
1.The suspect could have been in the vicinity of the
crime.
2.Knowledge of the criminal objectives.
3.Absence of alibi.
43. What do you understand by Associative
Evidence?
Associative Evidences are physical
evidences which may identify the criminal by means
of clues, personal properties, or the characteristics
patterns of procedure deduced from arrangements of
objects at the crime scene. The offender may leave
some clues at the scene, such as weapons, tools,
garments, finger prints, foot impressions etc. Crime
of violence may leave evidence of physical struggle.
44. Give the evidences necessary to prove guilt.
A.The fact of existence of the crime must be establish;
B.The defendant must be identified and associated
with the crime scene;
C.Competent and credible witnesses must be
available;
D.Physical evidence must be identified appropriately
and the chain of its custody establish and its
connection with the case is shown; and
E.The whole must be presented in an orderly and
logical fashion.
45. What is meant by Corpus delecti, and what
must it prove?
Corpus delecti is the body of the crime or fact
of specific loss or injury sustained. Corpus delecti is
proven by showing the following:
A.There exist a certain state of fact which forms the
basis of the criminal act changed; and
B.The existence of criminal agency which cause the
state of fact should be established by direct and
positive proof, but circumstantial evidence will
suffice if it is particularly clear and cogent.
46. Distinguish Motive from Intent.
Motive is that induces the criminal to act. The motive
may be desire to obtain revenge or personal gain.
Intent on the other hand, is accomplishment of the
act. Motive need not to be shown in order to obtain
conviction, but intent must always be proved where it
is an element of the offense.
47. Explain briefly the meaning and importance of
modus operandi and the modus operandi file.
Modus operandi means the method of
operation. The modus operandi file enables the
investigator to recognize the pattern of a criminal
behavior, to associate a group of crimes with a single
perpetrator to enable them to predict,
approximately, the next target of the criminal, and to
assist complaints, eyewitnesses and investigators to
recognize the perpetrator by means of the recorded
information concerning the characteristic of his
criminal activities.The modus operandi records are
classified and filed in such a way to assist the
identifying the crime as one committed by a known
criminal or as one of a series committed by an
unidentified criminal.
A.Property - The nature of stolen property provides
an excellent clue in crimes which involves robbery or
theft.
Description – If the criminal was observed, verbal
description is usually the most important clue to the
identity of the perpetrator.
B.Observation at the Scene – The data of the scene
are important since they may result in a useful
pattern. Thus, the objects and substances, seen
tasted, of felt will contribute to the complete picture.
C.Motive – In addition to the acquisition of property,
there are many other criminal motives. Thus, in
murder, rape and assault, in general pattern of
behavior may discern in the course on a series crime.
This observation is particularly true with regard to
the crimes accomplished by the psychopaths.
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D.Time – The time at which crime was committed is
an important element in the pattern. Naturally, since
the exact moment of occurrence cannot be readily
establish the time of occurrence between
determinable limits.
E.Peculiarities – From evidence, weakness of
character will ordinarily reveal themselves in the
uninvited surroundings of the crime. Peculiarities
such as partaking of the victim’s liquor, psychopathic
defecation, ant theft of inconsequential items such as
ties or cuff links are particularly significant.
F.Observed Peculiarities – An observer of both
offenses may be able to supply valuable clue in the
form of personal idiosyncrasies. Speech is one of the
most clues. Enunciation, dialect, and diction can be
closely described.
Interview Defined.
An Interview is a questioning of a person who is
believes to posse’s knowledge that is official interest
to the investigator. In an interview, the person
questioned usually gives his account of an incident
under investigation or offers information concerning
a person being investigated in his own manner and
words.
Distinguish Interview from Interrogation
The term interview maybe used to a mean the simple
questioning of a person who is cooperating with the
investigator, while interrogation maybe used to
describe the vigorous questioning of one who is
reluctant to divulge information.
48.What do you understand by background
interview?
Background interview is the dimpliest type of
interview with concerns itself with the gathering of
information regarding the background of a person.
The following are common data required for a
background repost:
49.What are the stages of Interviews in Criminal
cases?
A.Preparation - Before the actual interview, the
investigator should mentally review the case and
consider what information the subject can contribute.
He must acquaint himself with the background of the
witness, plsn his interview, and when necessary,
prove himself with a checklist of the important points
of the future interview.
B.Approach – On the first meeting between the
investigator and the witness, the investigator should
show his credentials and inform the subject of his
identity. This is done to avoid misunderstanding and
future charge of misinterpretation.
C.Warming Up – Preliminary subject matter of the
conversation must be focused to warm up the
atmosphere, to promote cordiality ant trust with each
other. The witness should be given every opportunity
to give a complete account without interruption.
D.Questioning - The interviewer or investigator
should start questioning on points he wants to elicit.
Elements of the offense and his knowledge of the
crime should give the investigator in his questioning.
50.What are the Rules to be observed in
Questioning?
Questions should only be asked when the person
appears prepared to give the desire information in an
accurate fashion. Direct question have a restraining
effect and will not be suitable until the witness has
given his own story and ready to cooperate in giving
additional information. The following are the rules to
be observed.
A.One question at a time - multiple questions are
confusing.
B.Avoiding implied answer – implied answers are
useless. Suggesting the answer defeats the purpose
of the interrogation.
C.Simplicity of the question – long, complicated and
legalistic questions are confusing and irritating.
Subject may refuse to answer and this cause
embarrassment and resentment.
D.Saving Faces – embarrassing situation on the
subject because exaggeration or error in matter of
time, distance and description can be avoided if the
matter of time, distance and description can be
avoided if the investigator will cooperate with the
subject to save “his face” The investigator should not
ridicule his stupidity, poor judgment and other
deficiencies.
E.“Yes” and “No” Questions – Do not insist on a
“yes” or “no” answers because it will result to
inaccurate answers and prevent a flow of information.
Qualified answer should be encouraged.
F.Positive Attitude – A positive way of questioning
and approach should be employed. A negative
method of questioning is inviting a negative answer.
Timidity and lack of confidence on the part of the
investigator are easily detected by an average man.
Leadership and firmness are respected and
command acquiescence.
51.What are the Approaches which an investigator
can utilize in an interview?
Direct approach is the most effective with regard to
willing witnesses. The investigator should begin in a
friendly conversational tone and develop the
information naturally. With difficult witnesses such as
those who dislikes enforcement officers and who fear
retaliation, a direct questioning maybe necessary.
The following are approaches to person to be
interviewed. a. Compliant – The investigator should
appear sympathetic by expressing his interest
regarding the case. He should inform the subject of
his full cooperation, but the investigator should:
1.Determine whether all the elements of the offense is
present.
2.Determine whether the complainant is a “chronic
compliant”
3.The motivation of the complainant.
A.“Person Complained of” – Before approach is
made, the investigator must first know the elements
of the crime allegedly committed and also the record
or the reputation complain of.
B.Informant – The informant must be permitted to
talk freely and fully. He should be praised for the job
he is doing as “assisting law and order” and being
conscious of his “duty to society.” He must be
questioned in detail. The investigator can later made
an estimate of importance of the information.
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C.Victim – Investigators must be sympathetic and
should listen to the complete story. He should not
support of discourage the suggestions of the victim or
any of his own. He should devote himself simplify to
gathering facts.
52.What are the Evaluation of the Interview?
A.Physical Mannerism – Nervousness, evasive facial
expression, embarrassment at certain questions,
perspiration, etc., will give indication of
trustworthiness of the person.
B.Frankness – The investigator should compare the
subject’s account of certain events with the fact that
he probably should have knowledge of. Significant
omissions should be noted.
C.Emotional Stage – The investigator should observe
the emotional reaction to the questions. Partial guilt
can be detected by unwarranted indignation or
excessive protest.
D.Content statement – The information given by the
witness can be compared with the statements given
by the other witnesses and with known facts.
Discrepancies and misrepresentation can be
detected by comparing the information with the
known facts.
At the start of the interview, the investigator must not
take note of the statement. At the conclusion, he may
request permission to put the pertinent facts in
writing.
INTERROGATION
Interrogation is a questioning of a person suspected
of having committed an offense or of a person who is
reluctant to make a full disclosure of information in
his possession which is pertinent to the investigation.
53.What are the purposes of Interrogation?
a.To obtain a confession to the crime.
b.To induce the subject (suspect or witness) to make
an admission.
c.To learn the fact and circumstances surrounding the
crime.
d.To learn to identify the accomplices.
e.To develop information which will lead to the
recovery of the fruits of the crime.
f.To discover the details of other crimes participated
in by the suspect.
54.What should be the Attitude of the investigator
in the interrogation Room?
A.Dominate the Interview – The strength of the
personality of the interrogator must dominate and
command the situation. He must never loose self-
control, be ill-tempered, hesitant in the face of any
violent reaction, or obvious fumbling for question as
a result of lack of resourcefulness.
B.Distracting Mannerisms - Anything that will
distract the attention of the subject should be
avoided. Passing in the room smoking, telephone
ringing, etc., should be avoided.
C,Language – The language of the interrogator must
be in consonance with the level of the subject’s
mentality. The choice of words should be made with
the view to encourage a free flow of speech from the
subject.
D.Dress – Civilian dress is more likely to inspire
confidence and friendship in a criminal than a
uniform. The sight of a protruding gun may arouse
enmity or a defensive attitude on the part of the
criminal.
E.Preliminary Conduct – It is advisable to identify
yourself and uniform the subject of the purpose of the
investigation. At the start, you must uniform the
suspect of his rights against self-incriminatory
questions.
F.Presence of Other Persons(s) I Limit the number of
persons present during the interrogation. Ordinarily
the investigation or rather the interrogator should be
alone with the subject and that the other parties
maybe called in for specific purposes, such as
signing the confession.
G.Place- Interrogation must be in an office or room
where the interrogator shall have psychological
advantage. In the subject’s home, he may be
confident, indignant, or recalcitrant.
Description of Interrogation Room.
The room must be free from distraction and should
be designed not to give more encouragement for the
suspect
The following are some of the ideal requirements:
A.Privacy – This can be achieved by:
1. Only one door
2. Absence of windows or view
3. Sound-proof
4. Telephone without bell
B.Simplicity – Distraction should be kept to its
minimum. Too many objects may distract the
attention of the subject. This can be accomplished by:
1. Medium-size room
2. Bare walls
3. No glaring lights
4. Minimum furniture
C.Seating Arrangement – The interrogator and
subject must be seated without any intervening
furniture.
1.Chair – armless, straight-back chair for the suspect.
2.Table or desk – Have a flat surface where the
interrogator can write and place the evidence.
3.Seat of suspect – his back must be facing the door
to prevent interruption by the person getting inside
the room.
4.The Technical Aids – The interrogator may allow
other persons to be present. Persons like the
prosecuting office will have the opportunity to serve
the prospective defendant, the victim and complain
maybe able to make the identification.
The following maybe the other technical aids:
1.Recording installation – important interrogation
and confession maybe recorded.
A.Listening device—a hidden microphone as a
“live” telephone should be installed.
B.Two-way mirror or one way mirror.
55,What should be the behavior of the investigator
during the interview or interrogation?
A.Retain a pleasant mood – Don’t show feelings of
contempt, impatience, and the like. Don’t let your
reactions to answers betray your feelings.
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B.Control your temper – If the subject “gets under
your skin” he is getting the upper hand. For an
investigator to lose his temper during an interview,
unless it is part of an act, is inexcusable. The
investigator must take all that is offered; insults,
offenses, aspersions. He should never show anger,
charging, or emotional disturbance, unless it is a part
o plan.
C.Radiate Confidence – Never show doubt as to
outcome of the interrogation. A confident attitude will
imply that interrogator knows the whole story.
D.Never divulge the case – Very seldom is a good
policy for the investigator to give away his side of the
case. Let the subject guess how much is known or not
known. Don’t give him any basis for such judgment
by revealing anything about the investigation.
E.Avoid a clash of personalities – The investigator
however capable he may be, will run into situation
where he can feel that his personality and subject’s
personality will clash. When the investigator
recognizes any natural animosity has been aroused
through breach of basic rules of contact and
approach. He should leave in a certain pleasant
manner in order that an associate can continue.
F.Suspect every answer – Do not accept any answer
or statements as being true. Face the possibility that
every answer is false. Recheeck and verify, by
experiment, if necessary, each answer or statement.
Cover all angles of the case.
G.Never belittle the subject – Don’t give the
impression that he is stupid, ignorant, or in any way
interrogator. The investigator should not indicate
anything about himself that will cause to suffer by
comparison.
56.What are the types of interrogation?
A.Narrative Type – The interrogator gets the
subject’s story as narrated.
B.Question and Answer Type – If the subject is
talking, the investigator must wait until the
completion of the narration and ask questions. It
presupposes a great deal knowledge by the
investigator about the case and about the subjects. As
questions and answer tend to hinders free
spontaneous responses and not shut the subject off
too soon any answer.
57.What are the different techniques in
interrogation?
The choice of the technique to be used depends on
the nature of the crime committed, the character of
the subject, and on his own personality and
limitations. The following are the techniques used in
interrogation:
A.Emotional Appeal – The interrogator should
combine the character to an actor and a practical
psychologist. He must be able to analyze the
personality of the subject within a short time. Decide
the motivation and create a good atmosphere
conductive to confession.
B.Sympathetic Approach – The interrogator must
listen to the subject’s story of his troubles, plight and
unfortunate situation. An offer of friendship and acts
may win his cooperation.
C.Friendliness – A friendly may approach may
induce the subject to confess.
FORMS OF FRIENDLINESS:
1. The Helpful Advisor – The investigator is
the subject’s friend. If he explains the
whole thing to his friend, the investigator
will try to advise him.
2. The Sympathetic Brother – The subject is
seeking peace of mind and thus square
things with his own conscience. Recital of
his story to the investigator may give him
the chance he is asking for answer for.
3. Extenuation – If the suspect were to give the
details of the unfortunate incident, his
friend, the investigator could present the
affair in its true light.
4. Shifting the Blame – If the subject has
committed the crime for the first time,, he,
the investigator maybe able to present the
incident that it could happen to anyone. A
full narration may convince the judge or the
complaint to change their minds.
5. Role of “Mutt and Jeff”-One investigator will
act stiffly and going to waste any time until
the guilty party is punished, while the other
will be kind-hearted. The kind hearted
investigator will plea for cooperation while
other is away.
6. Creating or Increasing the feeling of
Anxiety – The suspect is in the state of
emotional confusion, unable to think
logically and clearly and his sense of value
is disturbed. The investigator may obtain
confession or admission if he further
misinterprets the picture.
Methods of promoting anxiety:
1.Exaggerating Fear – The interrogator persistently
points out that the subject “cannot win” and what that
there has been no perfect crime. His continued
silence may affect his loved ones.
A.Greater or Lesser Guilt – A certain criminal act
may constitute different kinds of offenses which
maybe gave or light. The investigator may represent
himself to be interested with minor ones. The subject,
who is afraid only of the grave consequences maybe
free to talk or confess to a minor offense.
B.The Line-up. – The witness, complainant, or
victims are quested to recognize the subject among
the group of men in a line-up. The witness or
complainant, who maybe previously coached
confidentially, points out the subject as the guilty
party in the line-up. Once pointed, the subject is said
to be helping himself by “cooperating”.
C,Reverse Line-up – The accused is placed in a line-
up and he is identified by several fictitious witnesses
or victim who associated him with different offenses.
It is expected that the subject will become desperate
and confess to the offense under investigation in
order to escape from the false accusations.
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D.Bluff on a Split Pair – This is applicable when
there are more than one suspect. The suspects are
separated and one is informed that other has talked.
Stern Approach – a judicious application of the
following techniques maybe useful as highly
probable guilty subjects:
1.Pretense of Physical Evidence – The investigator
may pretend that certain evidence has been found by
laboratory experts against him. The average person
has mystical notions of scientific crime detection and
will accept practically any claims that science may
make.
2.Jolting – Maybe applied to calm and nervous
subjects. By constantly observing the suspect, the
investigator chooses a propitious moment to shout a
pertinent question and appear as though he is beside
himself with rage. The subject maybe unnerved to
the extent of confessing.
3.Indifference – The investigator will discuss the case
with other investigator. In the presence of the
subject. The purpose of the discussion is to
determine whether they can obtain a convictous for a
greater crime or whether they can obtain the
maximum sentence. The aim, or course, is to induce
the subject to plead them. Only with extreme
reluctance do they give consideration to his plea.
Gradually, they become “reasonable”.
4.Questioning as a Formality – The interrogator ask a
series of questions as if it is necessary of formality in
his routine duty. He gives the impression that he
knows the answer, but he is required to ask the
question in consideration of the right of the accused.
When the answer is not that which the interrogator
expects, he puts down his pencil skeptically, looks at
the suspect, stares at his notes and shakes his head
ruefully. Prolonged silence will work with equal
effectiveness.
5.Affording an Opportunity to Lie – The interrogator
first ask for detail information concerning the
subject’s background. Then proceeds to the activities
of the subject before and after the crime in question
were committed. Then the investigator invites the
subject to tell in his own words all that he knows
about the offense, the victim, the complainant,
possible suspects, and the circumstances
surrounding his involvement in the case.
58.How should the investigator control the
investigation?
An investigator must not lose control of the
investigation. The unexpected answers of the suspect
or his startling emotional reactions must not upset the
investigator. The following recommendation must
follow to have control of the investigation:
A.Initial Phase – In the beginning of the interrogation,
the investigator ha little need for control. The subject
maybe permitted to tell his story in his own way
without interruption.
B.Questioning – after the narrative phase, planned
questions should be put to the subject. The tone of
the questioning will depend on the response of the
subject. If the subject appears to cooperative, the
investigator should endeavor to develop in him a
pride in his cooperation.
C.Emotional Control – If the subject is not
cooperative, the investigator should make every
effort to remain calm. Anger will swiftly lead to
duress. The suspect will sense his superiority in
remaining calm. The investigator may find relief in
putting his efforts into the expressions pf emotions or
sentiment such as patriotism. Motherhood, childhood,
religion or fidelity of ideals.
D.Strategic Interruption – When the interrogator
senses.
59.What are the Symptoms of Guilt?
*Sweating
*Color Change
*Dry Mouth
*Pulse.
*Breathing
60.What are the methods of Reproducing an
interview or Interrogation?
A.Mental Note - Relying on a simple memory has the
advantage of permitting an uninterrupted flow of
information without inspiring caution due to the
appearance of pencil and paper. The disadvantage is
that untrained memory may come away from an
interview with little more than a general impression
and few phrases.
B.Written Note – A written note must necessarily be
sketch. It must only record significant data. An
interrogation, which may be accompanied by an oral
confession, requires a more exact reproduction. A
flood of information may overwhelm the interrogator
when dealing with a subject who suddenly walks
freely.
C.Stenographic Notes - The presence of a
stenographer may deter a hesitant subject.
Moreover, the investigator seldom has stenographic
facilities at his disposal.
D.Sound Recording – The disc, tape or wire
recording has been found to be the simplest and
most practical means of reproducing the interview of
the interrogation. It requires of course, physical
preparation and a moderate of technical facilities.
E.Sound Motion Picture – The ideal solution is the
sound motion picture that combination of sound and
sight which most nearly represents to senses the
event itself.
61.What are two (2) General Types of Recording?
A.Overt Transcript – This is the recording of the
interview or the interrogation known to the subject.
The suggestion of the recording may come from the
investigator or from the interviewee himself. The
nature of the investigation will determine whether the
investigator should suggest that a recording be
made. If he witness is “friendly to the prosecution”
and the information which has to be offer is somewhat
complicated in nature, the most practical procedure
is to request permission to record. Maybe given to
the interviewee if he so requests.
B.Superstitious Transcripts - This is the recording of
the interview without the knowledge of the subject.
62.Define Admission.--An admission is a self-
incriminatory statement by the subject falling short of
an knowledge of guilt. It is an acknowledgement of a
fact or circumstance from which guilt maybe inferred.
10
It implicates but does not incriminate. Coupled with
circumstances such as the existence of a motive, the
admission may provide an inference of guilt.
63.Define Confession.--A confession is a direct
acknowledgement of the truth of the guilty fact as
charged or of some essential part of the commission
of the criminal itself. To be admissible, the confession
of the accused must be voluntary. Confession by
duress, coercion, extreme psychological restraint is
not admissible in the court of justice.
64.Define Deposition.--A deposition is the testimony
of a witness reduced to writing under each or
affirmation, before a person empowered to
administer oaths in answer to interrogatories
(questions) and cross-interrogations submitted by the
part desiring the deposition and the opposite party.
65.What are the Methods of Taking Statements?
A.The subject may write his own statement without
guidance. A statement of this nature, which is
sufficiently comprehensive, is the most desirable
forms.
B.The subject may dictate to a stenographer without
guidance.
C.The investigator may give a list of the essential
points to be covered in the statement and suggest
that he include those matters and add whatever
pertinent information he may wish.
D.The subject may deliver his statement orally to the
investigator who writes the statement.
E.The subject may deliver his statement orally to the
investigator or stenographer in response to the
questions put him back by the investigator. The
responses are recorded verbatim.
F.The investigator may assist the subject indicating
his statement by suggesting words and location
which will express the subject’s intended meaning.
Naturally, great caution must be observed by the
investigator to protect himself from a charge of
influencing the subject.
G.The investigator may prepare the statement by
writing his version of the information given by the
subject. He endeavors to use expressions employed
by the subject and submits it to him for correction
and changes.
66.State the Form and Contents of a Written
Statement.
A.Identifying data – The first paragraph of the
statement should contain the date, place,
identification of the maker, the name of the person to
whom the statement was made,and a declaration by
the maker that the statement was made voluntarily.
B.The Body – The body of the statement can be given
in expository or narrative form, but must include all
the elements of the crime and the facts associating
the subject to these elements. The exact words of the
subject should be used by the investigator.
67.Witnesses to the confession
A.The subject read and revised the entire statement
with the investigator.
B.That the subject objected to certain words phases
or statements.
C.That the correct certain words and phases and
initiated the corrections.
D.That he apparently understood the contents of the
confession.
E.That he was in right senses, knew what he was
doing, and acted voluntarily.
F.That he acknowledge the statement to be true and
correct.
68. Define Informants.--An informant is a person
who gives information to the investigator. He may
give the information openly and even offer to be a
witness, or he may inform the investigator
surreptitiously and request to remain anonymous.
69.Define Confidential Informant.--Confidential
Informant is a person who provides an investigator
with confidential information concerning a past or
projected crime does not wish to be known as the
source of the information. The investigator should
take a special precaution to protect the identity of
such an informant because of his value as a source on
the disclosure of crimes.
70.What are the different Types of Informants?
a. Anonymous Informant – He may be an
anonymous telephone caller or anonymous letter
writer.
b. Rival-Elimination Informant – usually
anonymous. His purpose in informing is to eliminate
rival or competition.
c. False Informant – Reveals information usually of
no consequence or stuff concocted of this air. He may
do so out of the desire to appear to be on the side of
law and order and for the purpose of throwing
suspicion from himself or his gang or associates.
D.Frightened Informant – Maybe prodded by fear
or self-interest. He maybe one of the “little men” who
runs to the police when he sees that confederates are
about to be involved in a dangerous situation. He
usually motivated for his own well-being and will
furnish information as a protective device and as
means of sustaining his own feelings of self
importance. This type is the weakest link in the
criminal chain.
E.Self Aggrandizing Informant – Hangs about the
fringes of the underworld and delights in surprising
the police with choice bits of information. From time
to time, his information may be of value.
F.Mercenary Informants - Has something to sell. He
may be a valuable source. Sometimes there is a
revenge motive present. He may have thought
himself to have been double crossed or given a
“dirty deal” and seeks revenge as well as profit in
the telling.
G.Double crosser Informant – Uses his seeming
desire to give information as an excuse to talk to the
police in order to get more information from them
than he gives. It is well to feed this informant false
information to catch him.
H.Woman Informant – Maybe the female associate
of any criminal. She may be able to give valuable
information, but the investigator must be aware
because “ the female specie is more deadly than
male.”
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I.Legitimate Informant – Will include operators of
licensed premises who do not want their place of
business to become hangouts of dangerous criminals.
72. What are the possible motives of the
informants in giving information?
The motives of the informants in disclosing
information are numerous and it is the duty of the
investigator to evaluate the informant and the
information given.
A.Vanity – The self aggrandizing person who delights
in giving information to gain favorable attention from
the police authorities.
B.Civic mindedness – The public spirited person of
good standing in the community who is interested in
seeing that justice is done.
C.Fear – The person under an illusion of oppression
by enemies or of other pending dangers.
D.Repentance –The person, usually an accomplice
who has a change of heart and wishes to report a
crime that is prying on his conscience.
E.Avoidance of Punishment – The person who is
apprehended in the commission of a minor offense
and seeks to avoid prosecution by revealing
information concerning a major crime.
F.Gratitude or Gain – The person who is willing to
cooperate in giving information to express
appreciation or to obtain a privilege , such as one
who is arrested and desires cigarettes or other items,
or a former prisoner who wishes to repay the police
officer’s interest in the welfare of his family during his
detention.
G.Competition – The person (usually one earning a
living by questionable means) who is wishing by this
means to eliminate his competitors.
H.Revenge – The person who wishes to settle a
grudge because someone else informed against him
took advantage of him or otherwise injured him.
I.Jealousy – A person who is envious of the
accomplishment of possession of another and wishes
to humiliate him.
J.Remuneration – The person who informs solely for
the monetary or other material gain is to receive.
73. Tracing and Source Defined.--Tracing is the
application of all procedures for the search of person
Source of information is the application of various
sources of information in connection with the criminal
investigation.
74. Tracing Missing Person defined--Tracing
missing person is anyone reported missing who is a
minor or if of major age is seriously affected mentally
or physically, or absent under circumstances which
would indicate involuntary disappearance.
75. What are the usual crimes and condition
associated with a missing person?
a. Homicide or Murder – Murder or homicide maybe
the fear of the relatives and the police as the possible
explanation for the disappearance of a person. The
most popular motives are love and money.
b. Suicide – In the investigation, the detective should
endeavor to discover the motive for the
disappearance. Suicides are ordinarily motivated by
financial difficulties, domestic troubles, or incurable
disease. A voluntary disappearance is motivated by a
desire to escape from personal, domestic, or
business conflict.
c. Simulated Suicides – These are usually planned by
persons wishing to defraud insurance companies or
to arrange for the disposal of a spouse.
d. Extortion – The relatives of the missing person
become easy target of extortionist. The extortionist
usually takes advantage of the disturbed emotions of
the relatives by sending through an innocent
messenger an extortion letter.
e. Amnesia – Loss of memory and knowledge of
identity are a rare occurrence even among missing
person’s case. Amnesia is frequently caused by
battle shock, and the highest incidence among other
scenario writers.
f. Psychosis – The deterioration of the mental faculties
accompanied by defective memory, disorientation
and confusion may consequently make them lose
their way.
g. abandonment – Unhappy marriage usually causes
the disappearance of the married adult.
76. State the procedure of tracing aliens,
naturalized citizens; and seamen or crew
members.
a. Aliens – Aside from the information gathered from
friends, and relatives, the investigator should get
records from the Immigration Bureau and from their
respective diplomatic and consular officer.
b. Naturalized Citizens – His records in the
Department of Justice and the court wherein he filed
his naturalization papers must be investigated.
c. Seamen or Crew Members – Information may be
obtained from the local representative of the
shipping company, diplomatic or consular
representative office, other members of the crew,
friends and relatives.
SPECIAL LAWS
Republic Act N. 6539, of 1972 - Carnapping
Car napping may be defined as the taking with
intent to gain, a motor vehicle belonging to other
persons, without the latter’s consent or by means of
violence or intimidation of persons by using force
upon things.
Motor vehicle is any vehicle propelled by
power, other that muscular power using public
highway, exempting road rollers, trolley cars, street
sweepers, sprinklers, laws mowers, bulldozers,
graders, forklifts, amphibian trucks, and cranes if not
used in public highways, vehicles which runs only on
rails or tracks, tractors, trailers and traction engines
of all kind used exclusively for agricultural purposes.
Trailers having any number of wheels when
propelled or intended to be propelled by attachment
to a motor vehicle are classified as a separate motor
vehicle with no power rating.
Presidential Decree No. 532, of 1974. Highway
Robbery.
Highway Robbery – Ids defined as the taking away
of a property of another by means of violence against
or intimidation of persons or force upon things or
12
other unlawful means, by any person on any
Philippine highway.
Highway – Shall refer to any road, street, passage,
highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by a
persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation
of goods, chattels or property or both.
Presidential Decree N. 533, Cattle Rusling.
Cattle Rustling – It is defined as the taking away
by means, method or scheme, without the consent of
the owner/raiser, of any large cattle, whether or not
profit of gain or whether committed with or without
violence against or intimidation of persons or force
upon things. It includes the killing of large cattle’s or
taking a meat or hide without the consent of the
owner/raiser.
Large Cattle shall include the cow, carabao,
horse, mule, ass, or other domesticated member of
the bovine family. Goats are not large cattle.
Presumption of Cattle Rustling
Failure to exhibit the required documents by
any person having in his possession, control or
custody of large cattle, upon demand by competent
authorities shall be facie evidence that the large
cattle in his possession, control and custody are of the
fruits of cattle rustling.
Presidential Decree No. 1612. Anti Fencing Law.
Fencing –Ts act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of
duly or shall buy and sell, or in any manner deal in
any article, item, object or anything of value which he
knows, or should be known to him, to have been
derived from proceeds of the crime of robbery or
theft.
Fence – Includes any person, firm, association,
corporation or partnership or other organization who,
which commits the act of fencing.
Pickpockets:
Pickpockets are species of criminals endogenous in
large cities or in places with many congregation and
crowded transportation system. Skill is required for
their successful operation. Most of them are known to
the police.
They are professional criminals and
undoubtedly they have records in the police. The
crime can be solved by means of the modus
operandi. The story of victim will show the technique
of the theft. The record of the pickpocket files
including their photographs maybe useful for
preliminary identification.
Dying Declaration.
The declaration of a dying person, made under a
consciousness of an impending death may be
received in a criminal case where in his death is the
subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
Duty of the investigator in regards to dying
declaration;
1.The investigator must observe the victim as to
whether he is manifesting a feeling of his impending
death. He must inform the victim of the importance
and advisability of making such declaration;
2.He must observe carefully the mental condition of
the victim. Conditions like delirium, shock and head
injuries will confuse the intellect of the victim;
3.The investigator must put down in writing
immediately the victim’s statement .The longer the
time interval between the hearing of the declarations
and the writing will increase the probability of errors;
4.He must avoid leading questions. Questions should
only be directed to explain what may appear to the
ambiguous or contradictory;
5.The investigator must produce the statement taken
and its admissibility. It is the court that will decide on
the matter.
TRAFFIC MANAGEMENT AND ACCIDENT
INVESTIGATION
NOMADIC
One who constantly migrate from one place to
another according to their own detailed knowledge
of exploitable resources.The term nomad, from the
Greek, “to posture,” was originally used to refer to
pastoralists – groups that migrate in an established
pattern to find pasturelands for their domestic
livestock. However, the term has since has been
generalized to include all non-settled populations.
Ancient modes of transportation
The history of transportation can be
conveniently – if over-simply- -divide into period
during which motive power was most
characteristically furnished by human and animal
muscle, by such natural forces as wind and gravity,
and by fuel-operated machines.
A.MANPOWER. They carried their own burdens.
a. Carrying Pole- balanced on one’s shoulder or two
men support the ends of the pole with goods
suspended from the pole in between.
b. Back Load and Tumpline- goods are carried on the
back.
c. Sledge on rollers- place them on sledge that rested
on a series of rollers.
d. Sledge on runners- A simple sledge probably man
drawn was in use at the end of the e. Travois- This
travois as the pole arrangement called served as a
flat form on which the burdens are placed.
B. ANIMAL POWER. The domestication of animals
greatly increased the potential power available
transportation..
a. Ox-Cattle
b. Reindeer
c. Dog
e. Llama
f. Elephant (used in war)
g. Horse
h. Camel
i. Yak
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C.WIND POWER
a. Ancient Chinese Kite- kites have been flown as a
popular past time in the Far East since of the begging
of the history. According to a Korean tradition, the
kite was first used for transport when Korean general
employed one in bridge building. By means of a kite,
a cord was conveyed across the river, to a cord,
heavier ropes were fastened and finally the bridge
cable. In the late 10th century, several European
armies experimented with kites in transporting men.
b. Da Vinci’s Ornithopter- the great renaissance
artist, scientist and engineer, Leonardo Da Vinci,
made study of the flight of the birds and his notebook
sketched a number of ornithopter (a.k.a. orthopter)
which derives its principal support and propelling
from flapping wings like those of a bird. It was not
until the 19th century hat rigid wings were envisaged.
c. Montgolfier Balloon- The Montgolfier brothers of
France Joseph Michel and Jacques Estienne have
successfully released several balloons when they
proposed to used to condemned prisoners for the
first ascent with passengers. Pilatre De Rozier, a
natural historian protested this and claimed the honor
for himself. In 1783, he and marquis d’ Arlanoes
became the first men to make a free balloon ascent.
The balloon constructed of linen and inflated with hot
air traveled 9000 yards and remained in the air for 20
minutes.
d. Siemens’ Rocket plane- Ernst Werner Von
Siemens who later achieved fame as an electric
industrialist, in 1847 designed rocket plane, which
was to be propelled by explosive force of
gunpowder. Like da Vinci’s orthopter Siemens rocket
plane was never carried beyond the designed stage
e. Lilienthal Glider- Otto Lilienthal, a German
inventor who also made a study of the flight of birds
and experimented with ornithopter going so far as to
build a model ornithopter. His chief work was with
gliders. However, in 1891,he made first of a number
of a glider flight which were to exert a profound
influence on the development of aviation.
f. Santos Dumont’s Airship- one of the pioneers of
the development of lighter-than-air craft was Alberto
Santos Dumont, a Brazilian who experimented with
the stemmed powdered balloons in Paris. He made
his first balloon ascent I n1897and in 1898 completed
the construction of his first airship. He thereafter. Built
several other airships and in 1901, made a 30 minutes
round trip flight between st. Louis and the Elftel
tower.
g. Wright brother flying machine – inspired by
Liliental’s glider experiment, two young Americans
Orville and Wilbur Wright began studying the
problems of heavier-than-air flight. They built
biplane kite then over 200 different wings types
which they tested in the wind tunnel of their own
invention, before they conducted their first man-
carrying powered machine.
ROADS AND VEHICLES HISTORY
Wheel was invented probably in Western Asia
Solid wheels on fixed axle- this ancient cart
represents an early step in the evolution of wheeled
vehicles. It’s solid wheels which were made of a
single piece of wood rotated on single axle.
Sumerian chariot with flank wheels- this chariot of
about 2400 B.C, had solid wheels built up of three
pieces and so was more durable than the one.
Greek quadrica with spoke wheels – drawn by four
horses, was a light and elegant vehicle for gentleman
about 250 B.C. It had spoke wheels and axles of irons
or bronze, handles for aid in mounting, and sea
formed by a board placed across the handles.
Roman carpentrum – a closed, two-wheeled cart was
the favored vehicle when Roman women journeyed
outside the city.
Italian cocchio – a traveling wagon in which the
passengers were protected by a covering or leather
or cloth fixed over a wooden framework.
ROMANS - were the major road builders in the
ancient world. The Romans road network reached a
total of about 50,000 miles (80,000 kms.), with
FEEDER ROADS branching out from the main
highways. It was costly because its deep foundation
formed by layer after heavy stones were necessary to
make roads that would carry heavy traffic for many
years.
JOHN L. MACADAM - practice the theory of feeder
road building and perfected the macadamized road
in England.
JOHN PALMER - introduced his first fast mail coach.
Significant improvement of road vehicle
began with the adoption of coach spring about 1650.
In the mid 18th century English roads were so bad that
coaches could average only about 4 mph (6.4 km/h),
and boys on horses for delivering the mail usually
carried the mail. The first mail coach run in March
1785 and by 1800 the English mail coach system was
in full swing.
Bicycle in the early 19th century served as a nursery
of automobile builders. One of ancestors of the
modern bicycle was the Hob horse, which could be
seen on the English macadamised roads after 1818.
The wheels of these machines were of wood, with
tires of iron, and riders pushed themselves along
with their feet on the ground. There was a steady
improvement in the bicycle throughout the 19 th
century, until the safety bicycle, with pneumatic tires,
at last appeared. Some of the earliest automobiles
ran on four bicycle wheels.
KARL VON DRAIS - introduced a steerable wheel.
KIRKPATRICK MACMILLAN, - made the first
machine with pedals. which were attached to and
drove the rear wheel by means of cranks.
PNEUMATIC TIRES by JOHN DUNLOP
MOTOR VEHIC LE – the first mode of transportation
to challenge the railroads.
ENTIENE LENOIR – invented the INTERNAL
COMBUSTION ENGINE.
NICOLAUS OTTO AND GOTTLIED DAIMLER -
pioneered the manufacture of gas engines and
became a successful automobile manufacturer.
RUDOLF DIESEL - developed an internal combustion
engine that is similar with the gasoline engine but
requires no electrical ignition system or carburetor.
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HENRY FORD - introduced the MODEL T.
FELIX WANKEL - developed an advanced-type of
engine, named after him, it operates very differently
from gas and diesel engines.
Presently, the introduction of the Light Trail
Transit LRT), the Metro Rail Transit (MRT), flyovers,
pedestrian and vehicle culverts, rock sheds and other
modern traffic ways contributed to the expeditious
movement of traffic users.
FUNDAMENTAL OF TRAFFIC MANAGEMENT
The word traffic originates from Greco-roman
word “trafico” with reference to the movement of
people that dates back from the dawn of history: from
the domesticated horse-drawn wheels to horseless
carriage. The Greek originally called the system
“trafriga” after the early horse-drawn chariots with
spoke wheels.
If savants of Rome are to be believed, there is
no dispute that the word “trafico” is a Greco-roman
word, but the word traffic created form the famous
“Trafalgar square,” the hub-center of commerce
and culture in the heart of London.
But in Latin, the word traffic is denominated as
“commercium” with reference to the movement
and control of goods in transit from un-wheeled axle
to horseless carriage. This intellectual discourse of
discoveries only reinforces the universal dictum that
traffic refers to the movement of people and goods
and not vehicle. Perhaps, this was missing jewels in
the systematic strategies of traffic management.
Traffic Management presupposes an understanding
of the motivation behind the behaviour of motorist,
commuters, and pedestrians. Any attempt to redirect
their behaviour without understanding will not be
able to effectively solve the traffic problems.
Management- refers to the skillful use of means to
accomplish a purpose.
Operation- pertains to a course or series of act affect
a certain purpose, manner of action, or a vital or
natural process of activity.
Roadway- refers to that part of the traffic way over
w/c motor vehicles pass.
Shoulder- refers to either side of the roadway, along
highway.
Traffic- refers to the movement of persons, goods or
vehicles, either powered by combustion system or
animal drawn from one place to another for the
purpose of travel.
Traffic way- refers to the entire width b/n boundary
lines of every way or w/c any part is open to the use
of the public for the purpose of vehicular traffic as a
matter of right or custom.
The ff. are the major causes of traffic congestion.
PHYSICAL INADEQUACY: this is characterized by
lack of roads, narrow bridges, railroad crossing, lack
of traffic facilities.
POOR CONTOL MEASURES: ineffective mechanical
devices, inefficient traffic officers, and
implementation of traffic laws, rules and regulation
characterize this.
HUMAN ERRORS: many traffic congestion are
caused by slow drivers or poor driving habits,
pedestrian mistakes, officers error, poor planning,
poor legislation and traffic accident w/c are mostly
attributed to human errors.
POOR MAINTANANCE: unrepaired diggings,
cracks on road pavement or unfinished road
pavement concreting.
For a successful and effective traffic management
specific rules and responsibilities are vested on the
ff agencies:
➢ Department of Transportation and
Communication (DOTC). The DOTC through
the Land Transportation office (LTO) is
responsible for the implementation of the
Land Transportation Code of the
Philippines (R.A. 4136) particularly on the
assurance of drivers license, registration of
motor vehicles, approval of franchises for
public conveyances (thru the Land
Transportation Franchising and Regulator
Board (LTRFB)) and conducting traffic safety
seminars.
➢ City or Municipal Engineers Office. These
officers are responsible for the planning,
construction and maintenance of traffic
facilities w/in their respected locality.
➢ DPWH. This is the main executive department
w/c responsible for the planning,
construction and categorized as national
highways and other major road arteries.
➢ Legislation (Congress/ City or Municipality
Boards) - the Legislative bodies are not only
responsible for the passing or amendment of
laws concerning traffic but also they are
involved in the planning and approval of
government projects.
➢ PNP (Traffic Management Group (PNP-
TMG) - is responsible primarily for the direct
enforcement of traffic laws, rules and
regulations.
➢ Academic Institution: school, both public
and private, are responsible for the basic
traffic education by integrating in their
respective programs and curriculum subjects
or topics on traffic safety.
➢ Courts. The court is responsible for the
adjudication of traffic- related cases filed
before tem.
➢ Public Information Offices. The government
through the Philippine Information Agency
provides necessary updated information to
the public by creating traffic safety
campaigns and other activities.
➢ Citizen Support Groups. The private
institution or organizations also help in the
prevention of traffic congestion by assisting
government officers in various activities
particularly during special occasions and
holidays where traffic problem is likely to
happen.
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➢ Media. Government and privately- owner
publications and radio and television
broadcasting companies provide necessary
and updated traffic related information to the
public through the respective programs.
PILLARS OF TRAFFIC
1. Traffic Engineering -Is the science of measuring
traffic and travel, the study of basic laws relative to
the traffic laws and regulation, the application of
knowledge to the professional practice of planning.
Agencies under Traffic Engineering
1. DPWH – National in scope
2. Provincial Governments – Municipalities within
the cities.
3. Municipal Governments – within the barangays.
4. Chartered Cities – within the cities.
2. Traffic Education -It is the process of giving
training and practice in the actual application of
traffic safety knowledge. (Schools, Public Information
Office, Citizen Support Groups.
3. Traffic enforcement-This field deals mostly on the
implementation and enforcement of traffic laws and
rules and regulations.
Agencies/offices that are involved in enforcement of
traffic laws:
1.Land transportation office (LTO) this office is
responsible for the following:
2.Vehicle registration
3.Vehicle inspection
4.Drivers licensing (examination, suspension, and
revocation.)
5.Public to police on stolen or wanted vehicles.
A.Legislative bodies.
B.Police traffic enforcement
1.The metropolitan manila development authority
(MMDA) for the national capital region (NCR).
2.Police auxiliaries
3.LTO Playing squad
4. Traffic ecology or environment.-This pillar is
very recent which includes the study of potentially
disastrous population explosion change in urban
environment due to the scale and new activities
carried out.
5. Traffic Economy-This is the most recent of the
pillars of traffic that deals with the benefits and
adverse effects of traffic to our economy. Primarily,
traffic operation is designed to expedite the
movement of traffic. However, with the prevailing
traffic congestion during rush hours in any given
locality traffic adversely affect the economic status of
the commuting public.
TRAFFIC SAFETY EDUCATION
Traffic Safety Education. It is the process of training
roads users in the avoidance and prevention of
traffic-related accidents.
Road Safety. It refers to reduced risk of accident or
injury on the roads, achieved through
multidisciplinary approaches involving road
engineering and traffic management, education and
training of road users, and vehicle design.
Factors contributing to Accidents
1. Human errors include.
2.Road deficiencies Main vehicle factors are:
3 principles that have been emphasized as
effective in the prevention of traffic accidents are
as known the 3 “E” or pillars of traffic.
1. Engineering (traffic engineering). Effective
construction and maintenance of traffic facilities that
does not only expedite the movement of traffic but
also prevents the occurrence of traffic accidents.
Successful treatments have included.
A.Changes in layout at junctions to define priorities
more clearly. (Use of roundabouts, or traffic
circles)
B.More wide use of road markings to delineate traffic
lanes and waiting areas for turning vehicles.
C.Improvements in skidding resistance of wet roads.
D.More uniform street lightning and
E.More highly visible and legible direction,
information and warning signs.
2.Education (in traffic safety). When road users are
informed of the traffic laws, rules and regulations,
accidents are likely prevented.
Further, there are strong suggestions and benefits
from pre-school schemes involving parents, and from
road safety education in schools where it is an
integral part of the school curriculum, included are;
A.New approach to training and educating young
drivers
B.Training in hazards perception
C.Changing of attitudes
3.Enforcement (Of traffic rules). One of the causes of
accidents is the blatant non-compliance of motorists
and pedestrians to traffic rules and regulations. To
minimize the occurrence of accidents due to non-
compliances of road users, enforcement must be
conducted.
Driver’s education. In general driver instruction aims
primarily to teach the rudiments of driving.
Secondary aims are as follows
1.to instill awareness of one’s legal and moral
responsibilities
2. to teach the abilities required for a driver ‘s license
. behavior by need to be persuaded into adopting it.
Four (4) basic type of instruction methods used in
driver Education programs
1. Comprehensive. This method places the student
into real life of driving situations from the beginning.
2. Traditional instruction. This type of instruction
depends on instructor –student
communication.
3. Commentary driving method. The student-driver
accompanied by an instructor .as the student-driver
drivers. The instructor has to give a commentary on
his driving –what he sees. What he does, why he
16
does, what he proposes to do, what others are likely
to do etc.
4.simulated conditions on and off the road training -
the premise of simulated conditions training is that
the behavior of the driver-subject placed in condition
will be relatively analogous to normal behavior.
Simulation is a static machine with all the important
features of a car used in driving methods of
simulation presently adopted
BIORHYHM - it is the theory that asserts that man
exhibits a constant variation of life energy and mood
states. Man’s theorized cycles and interpretations
rhythm is peculiar characteristics of most natural
phenomena like:
1. The diurnal exchange of light and darkness
2. The four seasons
3.our wet and dry season
4.the waxing and waning of the moon
Importance of biorhythm: -to give us a hint how we
will tend to feel in a certain day.
Safety Campaign. This is a mass publicity aimed to
make road users behave more safely. These basically
focus on public information attitudes, and particular
or specific behaviors, or combination of these. It is
also known as road propaganda which may be
intended simply to inform or it may be felt that the
public is already aware of the recommended
TRAFFIC LAWS, RULES AND REGULATIONS
The following are the basis for the traffic regulations
and prohibitions in the country:
Republic Acts (R.A.s)
R.A. 4136. This is the basic law regulating land
transportation in the Philippines.
R.A 5448- Act imposing a tax on privately owned
passenger automobiles, motorcyles and scooters.
And a science stamp tax to constitute a special
science fund defining the programs, project and
activities of science agencies to be financed
therefrom and for other purposes.
R.A 8749 Also known as the Clean Air Act that
regulates emission of toxic gases of both gasoline
and diesel engines and bans the use of leaded gas for
gasoline engines.
R.A. 8750. The Act that provides for the attachment of
seat belts for all types of motor vehicles and imposes
penalty for the non-compliance thereof.
R.A. 7924. The Act creating the Metropolitan Manila
Development Authority. Defining its powers and
functions, providing funds therefor and for other
purposes.
Presidential Decrees (P.D.S)
P.D. No. 96. Regulating the use of sirens bells,
horns..
P.D. No. 207. Declaring as part of the laws of the
Philippines the Vienna Convention on Road Traffic,
Signs and signals.
P.D. No. 1181. Providing for the abatement of air
pollution from motor vehicles and for other purposes.
P.D. No. 98. Regulating the issuance of license plate
of all motor vehicles.
P.D. No. 101- Expediting the methods of
prescribing, redefining or modifying the lines and
mode of operations of public utility motor vehicles in
the Philippines.
P.D No. 612- Requiring compulsory insurance for all
types of motor vehicles against third party liability as
an additional pre-requisite for registration by the
LTO.
PD 1686- imposing tax on every motor vehicle
equipped with air conditioner.
PD 1605- granting Metro Manila Commission certain
powers related to traffic management and control in
Metropolitan Manila.
PD 98- Regulating the issuance of license plates of all
motor vehicles.
PD 109- Modifying PD 98
PD 1730- Declaring the syndicated printing
manufacture, distribution, possession or use of fake
official Bureau of land Transportation forms,
documents, plates and stickers as offenses involving
economic sabotage.
P.D. No. 1729. Authorizing the Bureau of Land
Transportation to disposed of impounded motor
vehicles unclaimed by owners for a certain period of
time
M.C.94-188 - Issuance of drivers license to disabled
person.
E.O 202. Creating the land Transportation
franchising and Regulatory Board. (LTFBR).
LETTERS OF INSTRUCTION (LOI’s)
LOI No. 43- Providing for the removal of all
impediments on roads, streets and highways such as
constructions, parked vehicles etc., which obstruct
free passage.
LOI No. 112- prohibiting fright and cargo trucks
from using roads, highways and bridges whose load
capacities are in excess of specific allowable limits.
LOI No. 229- Requiring all motor vehicle owners,
users, or drivers to have in their possession at all
times while driving at least one (1) pair of early
warning device (EWD) for use when the vehicle is
disable on roads, streets, highways, or other
emergencies.
LOI No. 716- Every motor vehicle to equip at least a
pair of early warning device.
LOI No. 551- Directing the law enforcement agencies
to implement the Pollution Control Program
LOI No. 853- Calling for the National Tripartite
Conference to consider the establishment of viable
labor management relations based upon the
“boundary” system in land transportations.
LOI No. 1009- All owners of private motor vehicles
who desire to stop operating or using their number
plates and registration certificates to surrender at
BLT.
LOI No. 1071- Owners and Operators of motor
vehicles are authorized to pay the annual premiums
for the insurance of their motor vehicles on quarterly
basis.
17
DEPARTMENT ORDERS (D.O’s)
DOTC D.O 88-305- Rules of pleadings, practice and
procedure for appeals on franchising, fare rates
charges and other related matters pertinent to Land
Transportation Public utilities.
DOTC D.O 93-693- Revised Schedule of
administrative fees and charges of the Land
Transportation Code.
ADMINISTRATIVE and SPECIAL ORDERS
Administrative Order No. VIII, S-1968, LTC-
requiring the towing and impounding of stalled motor
vehicles on public highways and the imposition of
corresponding fees thereof.
Administrative Order No. 1, S-1973, LTC-
Prescribing guidelines and procedures in the
implementation of PD 96.
Special Order No. 101-IRM, LTC- Enumerating and
identifying various city streets where parking is
prohibited.
MEMORANDUM CIRCULARS
LTC Memorandum to all Patrol Officers, Deputies
and Agents dated Aug 9, 1975- Directing that motor
vehicles whose loads are rice, cereals, fertilizers and
other prime commodities are not to be apprehended
and stopped on roads and highways except only in
cases of serious violations.
LTC Memorandum Circular No. 33, dated Sept 12,
1972. Providing guidelines in the apprehension of
illegally parked motor vehicles.
LTC Circular no. 15, dated January 19, 1972-
regulating and laying instructions in the use of
Special Commemorative Plates.
M.C 94-199- Aide-memoir regarding retention and
authority by L.T.O to register motorized tricycles
under RA 4136, and guidelines to implement
devotion of LTFRB’s Franchising authority over TC’s
per RA 7160.
M.C 94-188- Issuance of driver’s license to disabled
persons.
M.C 92- 146- Re-implementation of LOI 229, as
amended by LOI 479 directing the installation of
early warning device of motor vehicles.
M.C 90-011- Enjoining all public utilities operator’s
arising from the violations of their drivers.
M.C 94-192- Diesel smoke emission test for motor
vehicles.
EXECUTIVE ORDERS (E.O’s)
E.O 125- Reorganizing the DOTC, defining its powers
and functions and for other purposes.
E.O 266- Providing for two service units in the office
of the Asst Sec for Land Transportation in the DOTC
(Law Enforcement Service-LES Transportation
Adjudication Service (TAS), defining its powers and
functions thereof and for other purposes.
E.O 202- Creating the Land Transportation
Franchising and Regulatory Board (LTFRB).
E.O 248- Empowering the Land Transportation
Commission to control and supervise the operations
of motor vehicle driving schools.
. OTHER SPECIAL LAWS, STATUTES, etc
Batas Pambansang Blg. 344 – Act to enhance the
mobility of disabled persons by requiring certain
buildings, institutions, establishments, and public
utilities to install facilities and other devices.
Memorandum Unnumbered Dated July 13, 1992-
Early Warning Device (EWD) not a requirement for
registration.
SC Bars Lawmen from removing Car plates (187
SCRA 432)
Important Provisions of RA 4136
IMPORTANT PROVISIONS OF R.A 4136
Motor Vehicle - shall mean any vehicle propelled by
any power than muscular power using the public
highways. But excepting road rollers, trolley cars,
streets sweepers. Sprinkles, Lawn mowers,
Bulldozers, graders, fork-lifts, amphibian trucks and
cranes if not used in public highways vehicles which
run only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for
agricultural purposes.
Passenger Automobiles. Shall mean all pneumatic
tire vehicles of types similar to those usually known
under the following terms: touring car, command car,
speedster, sports car, roadster, jeep, cycle car
(except motor wheel and similar small outfits which
are classified with motorcycles), coupe, landaulet,
closed car, limousine, cabriolet and sedan.
Articulated Vehicle. Shall mean any motor vehicle
with a trailer having no front axle and so attached that
part of the trailer rests upon the motor vehicle and a
substantial part of the weight of the trailer and of its
load is borne by the motor vehicle. Such trailer shall
be called as “semi-trailer”.
Driver. Shall mean every or any licensed operator of
a motor vehicle.
Professional Driver. Every and any driver hired for
driving or operating a motor vehicle, whether for
private use or for hire to the public.
Any driver, driving his own motor vehicle for hire is a
professional driver.
Owner. The actual legal owner of a motor vehicle, in
whose name such vehicle is duly registered with the
LTO.
Dealer. Every person, association, partnership or
corporation making, manufacturing constructing
assembling, remodeling or setting up motor vehicles:
and every such entity acting as agent for the sale of
one or more makes, styles, or kinds of motor
vehicles, dealing in motor vehicles, keeping the
same in stock or selling same or handling with a view
to trading same.
Garage. Any building in which two or more motor
vehicles, either with or without drivers, are kept
ready for hire to the public. But shall not include
street stands public services stations or other public
places designated by proper authority as parking
spaces for motor vehicles for hire while awaiting or
soliciting business.
Gross Weight. The measured weight of a motor
vehicle plus the maximum allowable carrying
capacity in merchandise freight and/or passengers
as determined by the Commissioner of the LTO.
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Highways. Every public thoroughfare, Public
Boulevard, driveway, avenue, park, alley and
callejon. But shall not include roadway upon grounds
owned by private persons, Colleges, Universities, or
other similar institutions.
Parking or Parked. Shall mean that a motor vehicle
is parked or parking if it has been brought to a stop
on the shoulder or proper edge of a highway. And
remains inactive in that place or close thereto for an
appreciable period of time.
Tourist. Foreigners who travel in from place to place
for pleasure or culture.
Provisions of R.A 4136 in which Every Traffic Law
Enforcer should know:
1.Duly to Procure License. No person shall operate
any motor vehicle without first procuring a License to
drive for the current year. To be effective in the
hands of its holder, it must not be delinquent, invalid
suspended or revoked and should be carried at all
times and shall be shown or surrendered for cause
when demanded by a person authorized by R.A 4136
to inspect the same (Sec. 19)
2.Confiscation of Driver’s License. A Driver’s
License may be confiscated for violations of R.A.
4136, the rules and regulations issued by the
Commissioner and of Local Traffic rules and
regulations. When a Driver’s License is confiscated
for any reason the traffic enforcer must, however
issue the receipt (Temporary Operator’s Permit
(TOP) ) which is good for 72 hours within which the
driver may continue to operate his vehicle. Failure to
settle the case within 15 days will cause suspension
or revocation of the License (Sec.29)
3.Exceeding Registered Capacity (Overloading)
Passengers. Freight or cargo load of a motor
vehicle should not be more than its registered
carrying capacity. Conductors of public utility trucks
or buses are held liable for the overloading of
vehicles under their charge. All passengers
Automobiles for hire are required to have the
registered passenger capacity marked plainly and
conspicuously on the sides thereof in letters and
numerals not less than 5 cms. In height
Motor trucks for passengers or freight, private or for
hire, shall have the registered passenger or freight
gross and net weight capacities marked plainly and
conspicuously on the sides thereof in letters and
numerals not less than 5 cms. In height (Sec. 33)
4Cargo Carrying Devices. The construction of
devices for carrying cargo at the rear or sides of
trucks may be allowed. Subject to the approval of the
Commissioner. But the total net weight of the device,
including cargo, must not exceed 100 Kilos (Sec 32)
5Riding on Running Board. It is strictly
prohibited, except for conductors collecting
passengers’ fare (Sec 32 c.)
6.Riding On Top of the Motor Vehicle.
Passengers shall not be allowed to ride on top of
motor vehicles. But baggage or freight may be
carried on top of the truck. Provided, that the weight
thereof is not more than 20 kilos per square meter
distributed In such a way as not to endanger
passengers or the vehicles stability (Sec 32,b)
7.Required Motor Vehicle Accessories.Every
motor vehicles when operated on a traffic way should
have the following specified accessories.
a. Tires
b. Brake
c. Horns
d. Headlight.
e. Tail Light
f. STOP light.
g. Windshield Wiper
h. Use of Red Flag.
i. Mufflers.
8. Hitching on to a vehicle. The following practices
are prohibited;
a. Hanging on to or riding on the outside or rear end
of any vehicle
b. Holding on to any moving vehicle whether on foot
or otherwise.
c. Driver allowing any person to hang on to or ride
outside of or at the rear end vehicle (Sec. 51)
9. Driving while under the influence of liquor or
other prohibited drugs. It is absolutely prohibited to
operate any motor vehicle under the influence of
liquor or other prohibited drugs (Sec 53).
10. Obstruction of Traffic. Obstructions of traffic
operating a vehicle in such a manner as to obstruct,
block, or impede the passage of another vehicle in
prohibited. This prohibition applies even when
discharging or loading passenger (Sec 54).
11. Duties of Driver in Case of Accident. In the
event that any accident should occur as a result of the
operation of a motor vehicle upon a highway, the
driver shall observe the following;
a. Stop immediately
b. Show his driver’s license to inspecting traffic law
enforcer
c. Give his true name and address, including that the
owner of the vehicle
d. Assist injured persons
e.Take measures to protect belongings of passengers
f. Report the accident (Sec 55)
12. A driver could live the area of accident without
being held liable for HIT-AND-RUN if;
a. His life is in imminent danger of being harmed by
other persons by reasons of the accident;
b. He surrenders to proper authority; and
c. He summons the assistance of a physician or nurse
to aid the victim.
Driver’s license
A document issued to a qualified driver who
possesses the statutory qualification as provided
therefore. It is also a public document, which has
legal presumption of genuineness. (CCC Insurance
Corp Vs. Court of Appeals, 31 SCRA 264).
TYPES OF DRIVER’S LICENSE
1. INTERNATIONAL DRIVER’S LICENSE
-Bonafide tourists and transients who are duly
licensed to operate motor vehicles in their respective
countries may be allowed to operate motor vehicles
during their stay but not beyond 90 days of their
19
sojourn in the Philippines (Sec. 21. R.A. 4136). The
applicant must submit the following requirements.
a.The original foreign license plus a photo of the
same license.
b.In the event that the foreign license is written in the
language of the license holder other than ENGLISH, a
translation of the contents of the license into ENGLISH
from the embassy from which the license was issued.
c.In the event that the applicant applies for a license
or if his foreign license is expired at the time that the
application is filed, the applicant will have to undergo
both a WRITTEN EXAMINATION AND AN
ACTUAL ROAD TEST.
b.An applicant form filled by the applicant.
c.Foreign license applicants can only be issued a
NON – PROFESSIONAL LICENSE.
2. MILITARY DRIVER’S LICENSE
- Enlisted personnel of the AFP operating motor
vehicles owned by the government shall be
licensed in accordance with RA 4136 but no
license or delinquency fees shall be collected
thereof.
All license so issued shall bear the words “ FOR
GOVERNMENT VEHICLES ONLY” plainly marked
or stamped in red inks across the face thereof. A
Military Driver’s License does not authorize the
holder to operate a privately owned motor vehicle
(Sec. 20. R.A. 4136).
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 hire to the public. Any person
driving his own motor vehicle for hire is a
professional driver (Sec. 3. e. R.A. 4136)
Applicants for professional driver’s license should
fulfill the following requirements:
a.Must be at least 18 years of age.
b.Presentation of either the following documents:
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.
a.A certificate from an LTO accredited doctor
attesting to the following that the applicant:
1.is physically and mentally sound:
2.has normal , non – impaired vision and hearing:
3.does not have any contagious ailment: and
4.does not have a history of heavy drinking and drug
abuse.
b.A Police, NBI, or Prosecutor’s clearance certifying
that the applicant does not have a criminal record or
any case involving the taking of a human life.
c.The applicant must pass a WRITTEN
EXAMINATION.
d.To pass an actual ROAD TEST.
e.An application form (ADL) filled out by the
applicant.
f. Payment
The professional driver’s license is renewable every
after 3 years. The color of its logo is RED.
The hold of a NON- PROFESSIONAL
DRIVER’S LICENSE shall be restricted to operate
motor vehicles up to 4500 kgs gross vehicle weight
(GVW) and is also renewable every after 3 years.
The color of its logo is GREEN.
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 unless accompanied by an
instructor who are may either be a licensed
professional or non-professional driver ( Sec. 30. R.A.
4136 ).
The applicant must fulfill the following:
a.Must be at least 16 years of age.
b.Must be physically sound and in good health with
no contagious ailments.
C.Must be mentally capable.
d.Must know how to read and write in his native
dialect in Tagalog or in English.
e.Must apply personally at any LTO and have with
him the following documents
(1). Document of birth proof that he is 16 years old,
either of the following:
(a) joint affidavit by 2 not related individuals attesting
to the age of the applicant.
(b) SSS identification card
(c) Passport
(d) Voter’s I.D.
(2) Applicants between 16 – 18 , an affidavit of
consent signed by the parents or by the applicant’s
legal guardian allowing the applicant to learn how to
drive.
f. 2 pcs. 1x1 black and white or color photographs of
the applicant.
g. Payment of the following:
A student permit is valid for up to 12 months from the
dater of issue.
DRIVERS’ EXAMINATION
- All drivers’ license applicants must obtain
the passing score as follows:
1. THE WRITTEN EXAMINATION- Written
examinations will contain questions concerning
proper driving procedures, road rules and
regulations emergency procedures, etc. Number of
questions will be as follows:
a. NON – PROFESSIONAL LICENSE – 40 questions
b. PROFESSIONAL – 60 questions
Examinees will have to pass the written examination
with the following marks:
c. NON – PROFESSIONAL – 30 out of 40 questions
a. PROFESSIONAL – 50 out of 60 questions
Before each examination, a DRIVING SKILL RATE
will provide a 30-minute lecture about traffic rules
and other driver information as a “review” for the
applicants.
2. THE ROAD TEST
The actual road test will be undertaken under the
auspices of a “ DRIVING SKILL RATER”. This
actual road test will have to be schedules in advance
20
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
registered.
During the road test, the applicant will be rated
according to his proficiency on the following aspects.
a.That the applicant is aware of and capable of
performing a check on the primary components of
the vehicle such as the engine, the tires, the battery
,lights , windshield wipers , brakes , transmission and
clutch etc..
b.Proper use and correct positioning of the hands on
the steering wheel.
c.Proper engine control and use of the gear shift
lever and the foot pedals.
d.Proper speed control and observance and practice
of road discipline.
e.Proper knowledge and interpretation of road signs
and markings.
f.Proper turning procedures.
g.Proper backing procedures
h.Proper parking procedures.
The applicant will be credited with a score of
100 points at the start of the 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. Passing grade will be 70 points or a total
possible deduction of 30 points.
3. Speed limits uniform throughout the
Philippines. No provincial city or municipal
authority shall enact or enforce any ordinance or
resolution specifying maximum allowable speed by
Ra4136.
Lateral Placement
Lateral placement means the proper
positioning of the motor vehicle while traversing on a
traffic way or parked in the Philippines unless a
different course of actionist required in the interest of
the safety and the security of life person or property
 or because of unreasonable difficulty of operation in
compliance herewith ever person operating motor
vehicle or an animal draw vehicle on a highway to
another every motor vehicle shall be conducted to
the right of the center of the intersection of the
highway on the other hand motor vehicle should be
parked only on designated areas and so properly
parked without encroaching the parking stall or
space of another vehicle.
Rules on Right of Way
Sections 42-44 of R.A.4136 provides for the rules
on giving the right of way stated and illustrated as
follows;
a.In case of two vehicles approaching or entering an
intersection at the same time, the driver of the
vehicle on the left shall yield the right of way:
however, the driver of any vehicle traveling at an
unlawful speed forfeits this right (Sec. 42.a). See
figure 7.1.
b.In case of a vehicle approaching but has not yet
entered the intersection, its driver shall yield the
right of way to vehicles already with in such
intersection or turning therein to the left across the
line of travel of the first mentioned vehicle.
c.In case of a vehicle on a highway within a business
or residential district, its driver shall yield the right of
way to pedestrians crossing the highway within a
crosswalk, except at intersections where traffic is
regulated by a peace officer or a traffic signal. If
there is no crosswalk, pedestrians shall yield the
right of way to vehicles on the highways (Sec.42.c).
d.In case of vehicle traversing a “ thru high way” its
driver should bring it to a full
e.Stop before crossing. However, if it is clear and no
hazards exist, the vehicle may slow down to 5 miles
per hour instead of a full stop (Sec. 42.d.).
Exceptions to the Right of Way Rule
Right-of-way rules do not apply in the case:
1. If a vehicle entering from a private road or drive.
The right of way is in favor of all vehicles utilizing the
highway ( Sec 4.3) See figure 10on the next page.
2. The driver of vehicle entering a “through highway”
or a “stop intersection” shall yield the right of way to all
vehicles approaching in either direction on such
“through highway”.
Making a Right Turn (Normal Procedures).
The following are the rules to be observed in
making a correct turning to the right from a four-lane
street to a four-lane street.
a.Signal your intention to turn right with your turning
signal light or a hand signal at least 100 ft. before you
intend to make your turn.
b.Stay on the right lane of the road.
c.Never make a right turn from left lane.
d.At an intersection with a red traffic light, make a
right turn ONLY after coming to a full stop to make
sure that no vehicle is coming from the left.
e.If there is a sign prohibiting a right turn unless the
light is GREEN. DO NOT turn right while the RED
LIGHT IS ON.
Making a Left Turn (Normal Procedures).
Motor vehicles intending to turn left from a four-lane
street to four-lane street should observe the following
procedures:
a. Signal your intention to turn left with your turning
signal or a hand signal at least 100 feet before you
intend to make your turn.
b. Stay on the left lane of the road.
c. NEVER make a left turn from the right lane.
d. At an intersection with a traffic light vehicles
GOING STRAIGHT have the right of way. Wait for
them to pass first before you turn left.
e. At an intersection with a traffic light, make a left
turn ONLY WHEN THE GREEN LIGHT IS ON OR
WHEN THERE IS A LEFT TURN LIGHT.
Making a U-Turn on a Two-Lane Road (Normal
Procedure)
21
Following is the recommended procedure in making
a U-Turn on two-lane road.
a. Make a right turn signal at least 100 ft. before you
start moving to the right side of the road.
b. Stay as close to the right side as possible. Come to
a complete stop if necessary. Check behind you for
traffic. Also check for oncoming traffic on the other
lane.
c. Once all traffic has passed you, initiate you U-Turn.
See to it that you can make it in one “sweep.” If you
have a long vehicle look for an intersection or a wide
section of the road to make a U-Turn in.
d. At this point, you should be making the U-turn IF
you know the turning radius of your vehicle.
e. Do not move immediately to the middle of the
road. Keep to the right side until you have increased
your speed sufficiently to move to the middle of the
lane.
Making a U-Turn on a Four-Lane Highway
(Normal Procedure).
Following is the correct procedure.
a. Check for traffic behind you and indicate your
intentions with a left turn signal. If no fast vehicles,
stay on the left lane.
b. Clear the “other side’ for oncoming traffic and
initiate your turn as soon as it is clear. Do not come to
a complete stop. Straighten out on the right lane and
begin gaining speed.
c. As soon as you have reached a relatively safe
speed, signal your intention to move to the fast lane
with a left turn signal.
d. Move to the fast lane as soon as you are fast
enough to hold up traffic moving in the same
direction.
Pedestrians’ Rights and Duties
Pedestrians have the right to occupy or pass
on spaces or portions of traffic way allocated for them
like crossing on pedestrian lanes and passing on
sidewalks or catwalks. In addition, pedestrians, as
part of the traffic system, their fundamental duty is to
observe and obey all traffic rules and regulations.
Motorists should also know the rights of the
pedestrians so that they will not be using the portions
of the traffic way allocated for the pedestrians for
parking purposes.
General Parking Rules and Similar Regulations
1. Parking on Cities. In cities and towns, unless
otherwise directed by a city or municipal ordinance,
motor vehicles will be parked parallel and within 12
inches of the curb.
For additional pre-caution while parking.
Observe the following:
a. Downhill with or without curb-turn wheels to right.
b. Uphill curb with curb-turn wheels from curb.
c. Uphill without curb-turn wheels to curb.
2. Parking on a Highway. On rural roads, pull
entirely off pavement to park, whenever practicable,
turn on your parking lights.
3. Parking Prohibited in Specified Places. No
driver shall park a vehicle, or permit it to stand,
whether attended or unattended, upon a highway in
any of the following places.
a.Within an intersection.
b.On a crosswalk.
c.Within six meters of the intersection of curb lines.
d.Within four meters of the driveway entrance to any
fire station.
e.Within four meters of a fire hydrant.
f.In front of a private driveway.
g.On the roadway side of any vehicle stopped or
packed at the curb or edge of the highway.
h.At any place where official signs have been erected
prohibiting parking.
FUNDAMENTALS OF TRAFFIC CONTROL
Traffic Control
It refers to procedures, devices and
communication systems that help vehicles and
vessels safely share the same roads, rails, waterways,
or air space. Traffic control establishes a set of rules
and instructions that drivers, pilots, train engineers,
and ship captains rely on to avoid collisions and other
hazards. Safe travel for pedestrians is an additional
goal in highway traffic control.
A.Traffic Control as Applied to Land
Transportation. A system of traffic engineering,
employing prescribed traffic rules and regulations
and devices such as signals and markings, to relieve
vehicular congestion and air pollution, and to
promote safety and pedestrian mobility, usually in
heavily populated urban areas. In smaller towns, with
lighter traffic, similar but simpler control devices and
engineering techniques are used.
B.Control Techniques. The primary emphasis of
traffic control is on the safe and efficient flow of cars,
buses, vans, and lorries over urban streets and
highways. The means of promoting this can vary from
simple improvement of local streets by installing
traffic signs and road markings to constructing
comprehensive motorway control systems. Such
comprehensive systems use:
1.access-road meters to monitor and control
motorway;
2.closed-circuit television surveillance to detect
quickly any deterioration in traffic flow; and
3.emergency services to provide aid in case of
accident and injury.
Other traffic-control techniques include:
1.the use of one-way streets.
2.enforcement of traffic low regulations.
3.channelization (building traffic islands turning lanes
and so on), and
4.the use of traffic signals.
B.Highway Traffic control. Motorists depend on
traffic control devices to avoid collisions and travel
safely to their destinations. Traffic control devices for
highway travel include signs, signal lights, pavement
markings and a variety of devices placed on, over,
near, or even under, the roadway.
Primordial Purpose of Signal Control
1. To minimize traffic conflicts and time delay
22
2. To reduce vehicular accident.
3. To economize manpower.
Classes of Traffic Signs
1. Danger Warning Sign- These signs are intended
to warn road users of danger that lies ahead of its
nature.
2. Regulatory Signs-These are intended to warn
road users of special obligation, restrictions or
prohibition with which they must comply. It is
subdivided into three categories:
a. Priority Signs-These are signs intended to
regulate priority over a particular road section or
roadway intersection.
b. Prohibitory or Restrictive Signs-These signs can
be used on specified section of the road that will be
easily seen by motorist to indicate regulation that is
prohibitive or restrictive in nature.
c.Mandatory Signs-These signs are intended to
guide road users of special rules in which they must
comply for the safety convenience and smooth flow
traffic
3. Informative Signs-These signs are intended to
guide road users while travelling, and are
subdivided into:
1) Advance Signs
These are the names and distance of the
principal destination or destination served by the
intersection roads.
2) Direction Signs
Unlike the advance direction signs, direction
signs shall be placed at the right of intersection to
show the direction and destination of a route.
Direction signs are different from mandatory signs,
since these signs gave only information as to
direction and destination of place, while mandatory
signs require compliance.
3) Place Identification Signs
These may be used to show the frontier
between two countries or for the purpose of showing
the beginning and/or end of built-up areas.
4) Confirmatory Signs
 These are used to confirm the direction of a
road. They shall bear the names of one or more
places. Where distances are shown, the figures
expressing them shall be placed after the name of the
locality.
5) Other signs indicating facilities for road users.
Road Classifications
1. According to Political Subdivision
A) National roads- The main road as the conduit
system with a right of way from 20 meters to 120
meters.
B) Provincial Road-The linkages between two
municipalities with right of way from 15 meters to 60
meters.
C) City Roads-The inter-link between municipalities
and within city proper with right of way of 15 meters.
D) Municipal Road-All roads within the town proper
with right of way not less than 120 meters.
E) Barangay Roads-Commonly called farm to
market road with right of way of not less than 2
meters
2. According to Functions
1) Feeder Roads- Intended for farm-to-market roads
2) Local Collector Roads-Intended to collect traffic
from feeder road to municipal road.
3) Major Collector Roads-Intended as major
arteries to collect inter-locality traffic to provincial
road.
4) Major Highway-Serve as main artery that caters
on big volume of vehicular traffic on national
roadway.
5) Expressway-A through traffic for free-flow of
vehicular movement.
6) Tunnel Road-A passage of wide section cur
through a hill or sea to shorten circuitous roadway.
7) Subway-An underground conduct running entirely
under the ground for fast travel route of commuters.
8) Skyway-A modern urban system of roadway
above street level for free-flow traffic.
3. According to Topographical Terrain
1) Flat Road
2) Zigzag Road
3) Steep-Hill Climbing Road
4) Down-Hill Road
5) Winding Road
6) Mountainous Road
7) Roller Coaster Road
Sidewalks
It is an integral part of the roadways in any
metropolitan cities of the world-it is also one of the
species of geometric designs. Sidewalk is the answer
for the safety of pedestrian safety. Thus, sidewalk
reduced the hazards of pedestrian to slender
yardstick of traffic engineering
Intersections
Today, urban cities of the world walk on 2-legs-
man and machine. But the continuity of its locomotion
depends upon the inter-link of connection road
network at intersection to meet traffic demand.
The plan and design of intersection is based on
traffic component, traffic volume, speed, traffic
distribution, canalisations of traffic accidents and
future traffic demand.
Kinds of Intersections
1. Three-Leg Intersection
1) T-Type
2) Y-Type
2. Four-Leg Type
1) Right angle
2) Oblique
3. Multi-Leg Intersection
4. Rotary Intersection
WAYS OF TRAFFIC CONTROL
1. Traffic Signs. Traffic signs are the most
extensively used form of traffic control in the United
States. More than 55 million traffic signs line the
nation’s roadside. They provide information about
speed limits and road conditions. They direct traffic
along certain routes and to specific destinations. By
using signs, traffic control planners tell drivers what
to do, what to watch for and where to drive.
23
2. Pavement Markings. Pavement markings
separate opposing streams of traffic and direct
vehicles into proper positions on the roadway. For
example, pavement markings delineate turn lanes at
intersection and establish no-passing zones. White
and yellow paint is customarily used for pavement
markings. Reflective devices are more visible at
night and are used in some locations to mark lanes
and other significant places on the road.
3. Traffic-Signal. Traffic signals are installed to
permit safe movement of vehicles and pedestrians at
busy intersections. The signal light is probably the
most easily recognized traffic control device. At a
busy intersection in a large city, a traffic signal may
control the movements of more than 100,000 vehicles
per day. More than 60 percent of all miles driven
each year are on roadways controlled by traffic
signals.
Priority Control. In one of the oldest method of
traffic control, one form of transportation is given
priority restricting or banning other forms of
transportation. In the 1st century BC, Roman Emperor
Julius Caesar banned wheel traffic from Rome during
daytime, which allowed pedestrians and horse riders
to move freely around the city. Some modern cities
ban or strict truck travel though certain
neighborhoods.
Bus-lanes and high-occupancy vehicles
(HOV) lanes exist in many urban areas. Only
specified types of vehicles, primarily those carrying
several occupants, can use these lanes. By giving
priority to high-occupancy vehicles, transportation
planners encourage carpooling and reduce
congestion.
Restraints. As an alternative to banning traffic, traffic
control planner use devices to discourage heavy use
of a route. Island built in the centers of intersections
force drivers to proceed slowly. Speed bumps
discourage high-speed commuting through
residential neighborhoods. Concrete median strips
prevent vehicles from making turns except at
intersections.
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 traffic. Traffic signs
are installed to serve the following functions: 1.
control traffic , 2. to safeguard the flow of traffic ,
3). To expedite traffic and 4. to guide traffic and
motorists.
Traffic signs, like traffic signal lights and road
marking are used to convey quickly and accurately
the wide range of information needed by road users,
particularly vehicles drivers, and to promote a safe
and efficient use of the road system.
Standardization of traffic signs shall conform
to the standard set forth in the erection and display of
standard road signs and markers as prescribe by the
DPWH as to shape, color, dimension, shape, size,
height, letterings or symbols.
Traffic signs shall be installed only under
public authority y the official having jurisdiction for
that purpose and it shall not bear any commercial
advertisement..
A thorough knowledge of traffic signs,
signals, and road and pavement markings is
necessary to all drivers. Every motorist must be able
to recognized and obey them without hesitation even
with the absence of traffic police officer.
B. INTERNATIONAL TRAFFIC SIGNS.
As explained in the VIENNA CONVENTION,
the system of signs and signal s which it has
prescribed is based on the use of shapes and colors,
characteristics of each class of sign, and whenever
possible on the use of graphic symbols rather than
inscriptions with few exceptions one of which is the
STOP sign of the United States. It has been adopted
very likely because it is understood practically by
every motorist regardless of the nationalities. These
basic sign shapes are:
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 railroad crossing:
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.
4. Eight –sided (octagonal) red and white stop
sign: the most popular and understood sign by all
tongues and colors; and
5. Triangle red and black sign approaching a
danger zone, hill, slope, winding road, and others.
C. CLASSIFICATION OF INTERNATIONAL
TRAFFIC SIGNS.
International Traffic Signs are classified into three.
1. Danger warning signs
2. Regulatory signs, and
3. Informative signs.
TRAFFIC SIGNAL LIGHTS
Traffic lights. This 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 and cyclists.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 left
side of the green, yellow and red lights. (See figure
27).
Historical Background
1. The Colors Today. Traffic lights are taken for
granted. Few realized the amount of deliberation and
the various factors that lead to their selection. They
begin with fundamental conditions had to be met.
24
a.The colors had to be recognize easily, quickly and
mistakable.
b.This had to be possible from the considerable
distance and while in motion.
c.The quality, intensity and contrast of the colors had
to be such that they serve their purpose in all
weather, day and night.
1. Red for “stop” Red was an obvious choice for
stop, It had always represented danger. Fire was red;
man had learned early on to keep a safe distance
from it lest he be burned. Blood was red to shed it
brought death. It is no wonder that, therefore, red
become associated with emergency and with danger.
2. White for “Go”. Though “to give the green light”,
has become the proverbial permissive signal in many
a situation, green was not the original choice for
“go”, white first indicated that the railroad was safe
and that the train could proceed without danger.
After all, white had always been regarded, though
unscientifically so, as a pure and clear color.
Consequently in the language of symbolism if came
to express purity. Therefore, it was decided upon to
make it the signal that the line was “clear”. Other
factors favored the choice; as well a White light was
the most easily produced. It was “natural”, without
the need of paint or other coloring aids. Like red for
danger, it seemed the obvious selection.
3. Caution. Two “lights” were to control the
running of trains- white for “go” and red for “stop”. It
was then realized that safety would be served better
still by introducing a cautionally light to warn the
driver of an imminent change. Its color once again
was to be determined by considerations of contrast,
distinctiveness and visibility. The eventual choice
was green.
4. Green for “Go”. It did not take long for “white” to
prove 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 age, kerosene lamps served as the source
of light.
Major Causes of Traffic Jams
1. Multiple Head-on Collisions
Statistics tell us that the impact of any head-on
collisions on the highway is beyond comprehension
for flesh and debris littered on the roadways. An
even experienced investigator is sometimes shocked
at the gory sight of the tragedy and may cause his
investigation in snail pace. This undue delay is an
invitation to traffic jams.
2. Flooded Area
The cause may be attributed to clog drainage
network or engineering failure to consider the
interplay of ecology in road constructions.
3. Bridge Collapsed
Rampaging flood due to heavy downpour may
cause soil erosion of the riverbank and in the process
weak bridge foundation, collapsed.
4. Landslide
Denudation of the forest causes to loosen the
earth surface and as a consequence of torrential rains
may cause the earth and boulders to fall or landslide.
5. Overturned Fourth-Footer Van
When detach may go wayward or
uncontrollable and rest across the street, constricting
of fully block the road to traffic. A ten-toner towing
machine can only effect its removal.
6. Logs Rolled from the Trailer Trucks
A freak accident but may precipitate at traffic
jam if strewn across the road for its removal cannot
be made manually but only either to heavy crane or
bulldozer.
7. Oil Leaks
From tanker covers three to five kilometre oil
leaks on cemented pavement could create
pandemonium traffic accidents that would give rise to
suits and counter-suits.
Instants Solutions to Traffic Jams
1. One Way Traffic
An important tool to decongest the traffic
standstill until such time that the density of vehicle is
reduced to accommodate the regular flow.
2. Counter-Flow Traffic
A temporary scheme when the volume of one
lane direction is so saturated that the movement of
vehicles is practically nil, while the flow of the
opposite’s direction is light in scale, the only solution
under the circumstances if to counter-flow.
3. Re-Routing of Traffic
When the density of the vehicle in opposite
directions has reached such proportion tantamount to
a complete halt of movement, the only alternative is
to adapt the re-routing of traffic to secondary streets.
4. Diverting of Traffic
When the magnitude of traffic conflicts was on
vast scales: flooded area, landslide, bridge collapse
and other contingencies, the only feasible solution is
diversion of traffic. The difference between re-
routing and diverting of traffic, the latter is large in
scope long and tedious in perspective.
5. To Open Private Roads for Temporary Access
Most often than not, residents of exclusive
subdivisions vigorously opposed the use of their
roads under the many real or imaginary pretext. But
the objection can be assailed under the police power
of the state.
6. Stop-and-Go Signal
One of the secrets to unlock the monstrous
traffic gridlock is for one lane to move. Unless this
can be affected the problem would be aggravated by
the passage of time. The scheme should only be
implemented when other alternative is seemingly un-
adaptable.
7. X-Option
When the situation is so grave that solutions are
nowhere in sight, traffic enforcers should adapt the
multi-option as the viable approach to solve the
traffic orgy.
Most traffic jams are caused when traffic lights
are inoperative either due to brownouts or when they
are out of order. Whenever you approach a traffic
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signal with all its lights OFF, and there are no traffic
enforcers directing traffic. It is safer to slow down
or come to complete stop and make certain what the
flow of traffic is.
Too many accidents have happened with
drivers on both sides ASSUMING that the light on
their side is SUPPOSED TO BE GREEN.
Classifications of traffic signal light
Traffic signal light are further classified into three:
1. Traffic control signal. These are signal light
designed primarily to control and regulate
traffic flows.
2. Special pedestrian signals. This signal light
provides regulation for pedestrians like the “WALK”
and “DO NOT WALK” signal lights.
3. Train approach and gates signal. These are
usually installed on road-rail intersections designed
to inform motorist of any approaching train on the
intersections.
4. Other special traffic signals. These are installed
on traffic ways where special regulations are
emphasized like “YIELD TO VEHICLES COMING
FROM THE LEFT” and other similar regulations.
Traffic signal systems.
Traffic signal lights use different signaling
system which vary according to the needs of the
traffic way.
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 widely
used system of traffic signaling the duration of the
green light remains constant and is set to favor traffic
on the main roadway.
2. Progressive System. The so-called
progressive system 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 interval permitting a vehicle that
maintains a constants speed to proceed without
interruption under normal circumstances. The
progressive timing of signals is an integral part of the
operation of many large on-way arterial street
systems.
3. Computerized control of signal
networks. Signal changes are not predetermined but
are ordered by the demands of traffic are directed by
computers that operate on the basis of traffic
information relayed from vehicle sensors on the
streets.
G. Specific Meaning of traffic lights. To attain more
effective and efficient controlling of traffic each color
of the traffic light has specific meaning of traffic
regulation.
1. Steady red. When the red light is on motorist
should observe the following:
a. STOP at the designated line.
b. Vehicles will be crossing from the “other side”
c. Expect pedestrians to across at the pedestrian
lane.
d. Unless specified you can TURN RIGHT after a FULL
STOP to clear traffic coming from the left.
2. Steady green. When this light is on the following
should be observed.
a. Go.
b. It is the turn of the vehicle on the other side to
STOP.
c. Pedestrian is not allowed to across the pedestrian
lane in front of you.
d. Unless specified you can move up to the middle
section of the intersection and make a left turn
when clear.
e. Vehicle GOING STRAIGHT has the right of way.
f. DO NOT ANTICIPATE A GREEN LIGHT.
3. Steady Green arrow. Motorist should observe the
following:
a. GO.
b. Vehicles turning left can do so.
c. On coming straight traffic is still RED to give way
for the vehicles turning left.
d. DO NOT ANTICIPATE A GREEN ARROW.
4. Steady yellow. The following should be taken
note;
a.PREPARE TO STOP
b.It is the turn of the vehicles on the other sides and
will be given the GO signal shortly
c.DO NOT BEAT A YELLOW LIGHT
5. Flashing Red. Motorists should take note of the
following when this light is on.
a.This is the same as STOP SIGN
b.STOP at the designated line
c.Vehicles will be crossing from the other side
d.Expect pedestrians to cross at the other
pedestrians lane
d.PROCEED WHEN CLEAN
6. Flashing yellow. Motorists should take note of the
following
a.This is the same as YELLOW SIGN
b.Proceed through the interaction with CAUTION
c.You have the right of way over a flashing RED
LIGHT
d.Vehicles on the other side will proceed after
coming to FULL STOP
7. Steady Green and Steady Left/Right Arrow.
When these lights are simultaneously turned on.
Motorists should take of the following.
a.Vehicles can go straight or the vehicles on the left
lane can make a left turn
b.Vehicles can go straight or vehicles on the right
lane can make right turn
c.The RIGHT GREEN signal might or might NOT have
road sign disallowing a right turn while the RED
LIGHT is on.
PAVEMENT MARKINGS AND MARKERS
Pavement marking and markers.
The pavements of all main Highways have
certain markings to help you drive safely. Those
include the center lane lines, barrier lines, and
directional arrows, depending upon the type of
highway, and the needs for such markings to make
the road safe under varying conditions.
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Pavement
This 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 purpose of
regulating, warning or guiding traffic.
.
Types of Pavement Markings and markers.
1. Curb Markings for Restrictions. These are
markings placed on the curbs or edges of the traffic
for the restriction or for parking regulation purposes.
2. Object Markings. These are markings placed on
objects on the road or beside the road like humps,
rock or similar hazardous objects on the side of the
road.
3. Reflectorized Markings. These are markings on
gadgets designed to reflect or to become luminous
when hit by vehicles headlight. These are placed or
installed in the middle of the roadway to supplement
separation lines or on objects at the side of the
roadway which are too near or within the roadway
pavement itself.
Specific Meaning of the Pavement Markings.
Pavement Markings vary depending on the
traffic regulations in its location or depending on the
road or traffic condition.
1. Single White Dotted Line. This pavement
Markings indicates the following:
a.on two lane road, it separates traffic moving on
different directions.
b.On a one-way streets, separates traffic moving in
one direction.
c.Overtaking is possible when other lane is clear of
oncoming possible.
2. Single White Continuous Line in A Two-Lane
Traffic Way. This lines indicates the following:
a.separates traffic moving in opposite direction.
b.Could be find in road sections that are dangerous.
c.Passing and overtaking can be made but ONLY
under circumstances
d.when there is no oncoming traffic.
3. Single Continuous Line on A Four-Lane Road.
This sign when found on four-lane streets, it indicates
the following.
a.when there are slow and fast lanes, NEVER
overtake by passing over the solid white line.
b.Lanes 1 and 4 (outer lanes) for slow moving
vehicles. Vehicles on this lane should not be BELOW
the minimum speed limit.
c.Lanes 2 and 3 (inner lanes) are usually for faster
moving vehicles.
4. Double Yellow Line or Double White Line. A
Double Yellow or White line with a dotted line in
between means:
a.ABSOLUTELY NO OVERTAKING
b.Overtaking is extremely dangerous.
c.Stay in your lane until you pass the end of the solid
lines.
5. Single Yellow/White Line. A Yellow or White
Line with a dotted White line means:
a.that you cannot overtake if the solid line is on your
side.
b.If you overtake, return to your lane BEFORE the
solid line.
6. Yellow Continuous Line on Road Provide with
a Passing lane. This lane indicates the following:
a.these are common on mountain roads.
b.slow moving vehicles such as buses and heavy
trucks should always use the outer lane
c.inner lane (lane 1) is for vehicles to pass without
having use to use other lane (lane 2) for vehicles
coming from opposite direction.
d.Vehicles coming from the opposite direction (lane
1) should not use the inner lane (lane 2) at the other
side for the overtaking.
7. Crosswalk or Pedestrian Lane. This Pavement
a.Markings indicates the Following
for pedestrian to cross
b.stop for pedestrians on an intersection with no
traffic light.
c.DO NOT STOP on pedestrian lane especially to load
and unload passengers. Pedestrians should always
cross a street on a crosswalk.
8. Directional Arrows. These pavement Markings
indicate the following traffic regulations
a.Directions or permitted traffic movement.
b. When approaching intersection where pavement
arrows are used, you should enter the lane where the
arrows points in the direction you want to go.
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 back on the street or highway
which will carry to your destination.
d.Some have double-headed arrows which means the
lanes is for traffic going in the two directions
indicated.
9. Stop Lines. These are painted across pavement
lanes at traffic signs or signal. Where these line are
present, you should stop behind the top line.
10. The Barrel Lines. A new concept in reducing the
seriousness of accidents. The barrels are engineered
to acts as impact cushion. Usually installed in front of
a solid obstacle or traffic island at an area of high
accident.
Traffic Islands
These are areas within the roadway
constructed in a manner to establish physical
channels through which vehicular traffic is guided.
Functions of traffic islands
Traffic islands as part of traffic control devices are
designed to:
1.Segregate pedestrians and vehicles; and
2.Control streams of traffic in order to minimize
conflict, expedite traffic flow or increase safety.
Classifications of traffic Islands
Traffic islands are classified into the following
according to the design, place of installation, and
purpose of construction:
Pedestrian Island (Pedestrian Barriers). These are
constructed between the pedestrian sidewalk and the
27
road pavement to prevent pedestrian from using the
roadway in passing and likewise to prevent motor
vehicles from using the sidewalk for parking and
passing purposes (see figure 40)
Traffic Islands, these are the raised portion in the
middle of the traffic way constructed to separate the
streams of motor vehicles traversing on the opposite
directions and at the same time preventing motorist
from using the opposite lane for overtaking (see
figure 41). Traffic islands are further sub-classified
into three (3):
a. Division Islands. These are constructed primarily
to divide the streams of the motor vehicles.
b. Channelizing Islands. These are constructed to
channelize or direct the flow of traffic.
c. Rotary Islands. These are constructed along
intersections or “rotundas” for purpose of turning-
around. There functions are:
(1) Prohibit pedestrians’ form crossing major
thoroughfares at points where such crossing is
exceptionally hazardous.
(2) Minimize imprudence and the delays to
vehicular traffic, and
(3) Channelize and control pedestrians.
Definition of Filter lane
The word filter in its literal meaning is to
control or constrict the movement of vehicle as it
passes through the lane designated therefore. This
traffic engineering design is to prevent traffic
gridlock at the intersection when turning left at the
green arrow filter signal.
Channelization
A traffic engineering terminology that
separates or regulates the conflict of traffic
movements into definite paths of travel by means of
traffic island or pavement markings for the safe and
orderly travels of both man and machine..
Definition of Traffic Enforcement
 It is an action taken by the traffic law enforcers
and the count to compel obedience to traffic laws and
ordinance, regulating the movement and use of
motor vehicle for the purpose of creating deterrence
to unlawful behaviour by all potential violators.
Two major functions of traffic law enforcement.
1. Police traffic law enforcement. This function
includes the enforcement of traffic laws deterrent to
law violations. Special assistance to prosecutors and
courts and incidental service to highway users.
Usually these are the responsibilities of traffic
enforcers like members of the PNP-TMG and the LTO
law enforcement service (LES)
2. Court traffic law enforcement. One part of traffic
law enforcement is performed by the court though
PROSECUTION.ADJUDICATION and PENALIZATION
of cases. These actions are usually undertaken by any
of the regular courts where traffic cases fall under
their jurisdiction and the traffic adjudication Service
(TAS) of the LTO
Three important goals level enforcement
Activities for more specific actions enforcement
activities aim:
1. To increase safety level enforcement effort should
be directed towards the reduction of accidents or
minimizing their effects.
2. To increase traffic efficiency when traffic violators
are reduced particularly those related to traffic
obstruction through an effective enforcement. There
will be free-flow of traffic.
3. To insure harmonious and comfortable
environment-when there is an increase safety level
and increase traffic efficiency traveling is more
comfortable and luxurious and it may reduce chaotic
situations in the traffic way.
Major elements of traffic enforcement System.
In the pursuit of an effective traffic
enforcement. Their elements are involved. Removing
one of the elements or any of the elements,
enforcement is not complete
1. Enforcement System. This area is consisting of
legislation, police and the courts legislation defines
and specifies correct or incorrect road user behavior.
Police and the courts is charged with the
responsibility of insuring that these laws are adhered
to.
2. Road users System (Traffic way User). This
element includes pedestrians pedal cyclist drivers,
passengers and others. Without them there will be no
subject of enforcement.
3. Road System (Traffic System) This area is consist
of the entire road and vehicles complex. As well as
all traffic rules and regulations.
Five (5) essential Steps in the enforcement
Process.
Enforcement of traffic laws is consisting of the
following process;
1. Detection (of violation’) this is wholly a police
responsibility and entails looking for defects in the
behavior of the motorist pedestrians, vehicles, and
equipment and roadway condition. Requires
knowledge of law on the part of the police.
2. Apprehension. It is also a whole police function,
which involves the actual taking of enforcement
actions.
3. Prosecution. This area is handled by the
prosecution and partly the court where the police
also provide corresponding influences
4. Adjudication
While this is obviously a court function, the
traffic law enforcers provide influence on this step by
acting as witness to the prosecution or supplying
additional evidences, this step determines the guilt
or innocence of the respondents.
5. Penalization
The court imposes the penalty upon the
respondents. The penalty is greatly influenced by
previous records of conviction as provided by the
traffic law enforcers.
TRAFFIC CITATION.
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This is a means of having violators appear in
court without physical arrest. To ensure that
apprehended traffic violators will appear to the court
or to the proper authority, the traffic officer should
confiscate the violator drivers license and issue
either traffic citation ticket (TCT). Top or traffic
violator’s recipe (TVR).
APPREHENSION. As an apprehending officer duly
designated by LTO, you should observe the following
when apprehending a traffic violator:
(1). you may confiscate the driver’s license or
certificate of registration of the vehicle for any
violation of the RA. 4136 and its rules and regulation,
city and municipal ordinance.
(2). Fill out the black space of TOP/TCT forms in
order to provide a detailed report of apprehension
for the information, guidance and reference of all
concerned.
(3). Advise the violator to report within 72 hours, but
not less than 24 hours to give allowance for proper
transmittal from receipt thereof to appropriate
offices.
Where the violator should report? The violator
should be advice to report to:
(1). Traffic court, if in manila and for violation of the
city traffic ordinance.
(2). City/provincial prosecutor. If in other charter
cities or provincial capitals without traffic courts, for
violations of local traffic ordinances.
(3). Municipal court, in its municipalities for violation
of local traffic of ordinances.
(4). LTO central office (TAS) for metro manila or its
counterparts, [REGIONAL TRAFFIC ADJUDICATION
SERVICE (RTAS)] for violation of the land
transportation and the code (RA. 4136), and its rules
and regulation and in the provinces regulation.
How to use the TOP, the TCT, and the TVR? These
are official documents designed various purposes
namely:
(1). It serves as a receipt for the confiscation of a
vehicle or the driver’s license or the OR/CR of the
vehicle.
(2). It serve as a temporary permit to operate motor
vehicles for 72 hours without extension from the time
of confiscation or apprehension.
(3). It is an official for of judicial or administrative
citation to facilitate action on the case for which it is
issued.
(4). It is a record for disposing a case cited therein
either administratively or judiciary.
(5). It also a receipt for release of the confiscated item
after adjudication and termination of the case.
Preparation of the information/complaint, within
your tour of duty,
Prepare information and complaint by filling
up the TOP for processing of all traffic apprehension
at the appropriate office.
Filling of information complaint.
Within 24 hrs. from the time of apprehension,
file the complaints, together with the confiscated,
together with the confiscated items, with the clerk of
court having appropriate jurisdiction as previously
stated.
Preliminary findings and disposition of license.
Within 72 hrs. or 3 days from the filling of the
case with the respective traffic enforcement offices
the hearing authority shall make immediate
preliminary findings on the basis of police or
complaining witnesses reports as to whether or not
there is an imperative necessity of withholding the
driver’s license confiscated.
1. Should there be no such necessity; he shall
promptly order the return of the confiscated license
to the owner without prejudice to re-calling said
license.
2.Where the violators fails to appear before the court
or the investigating official concerned, his license or
permit shall be forwarded to the LTO for its
suspension or revocation pursuant to Sec 29,,RA
4136.
Traffic Warning.
This is an enforcement action which does not
contemplate possible assessment of penalty by the
court or otherwise as a result of warning alone. There
are 3 types of traffic warning; visual, verbal, and
written.
a. Visual Warning. This is usually used when you
have observed a minor violation but are more
importantly occupied at a moment. Indicate by
gesture of the hand and of or the head.
b. Verbal Warning. This form of safety education
tells the driver or violator that he violated a law and
explain the hazards of such violations.
c. Written Warning. This is a combination of verbal
warning and citations. It gives the spirit of verbal
warning and the form of citation. This is seldom used
nowadays.
Pursuit in Traffic Enforcement.
Pursuit is a part of routine enforcement activity
performed by police and is used when a violating
driver is detected. Pursuit is a part of the
apprehension of a violator. In general, A driver who
is aware of his violation at your presence will stop his
vehicle when signaled to do so. In this instance,
Apprehension is complete and pursuit is not
necessary. There are times, however, when a driver
is not aware that he has been detected in violation
and must be pursued until apprehended. Pursuit and
successful apprehension of a violator may require the
operation of your patrol vehicle at high speed at an
extended distance.
1. When to pursue?
When a Violator fails to stop on signal your normal
reaction is to pursue the violator until you
apprehended him, however, due to traffic congestion
or others
Others.
2. Pursuit techniques. A successful pursuit
operation can be attained if the pursuing officers
know the following:
29
a. his limitation and strength in driving a patrol
vehicle under normal condition.
b. good driving combined effective technique will
help to minimize the danger involved in pursuit in
high speed.
c. normal driving skill is not automatically improved
by wearing a police uniform, no by having a police
car to operate.
3. IDENTIFICATION OF PURSUIT VEHICLE. It is
imperative also for the pursuing officer to know the
effective techniques of identifying a pursued vehicle.
a. when alone on patrol, use a clipboard with
attached paper and pencil. Anchor the clipboard by
sitting on part of it, so that notes can be written
without looking down.
b. post a list of wanted person or vehicle on a “hot
sheet” within easy viewing range while in driving
position. The list should be arranged by cases of
offence for rapid identification of violators wanted for
more serious offence.
c. identify the violator vehicle for later identification,
particularly when pursuit is lengthy, interrupted or
abandoned in case you are injured by the violator.
d. the registration plate is very important and
accurate method of establishing identity of the
vehicle is also important, train yourself to observe
complete license plate number of the glance.
e. record the registration number as soon as
possible, and check it’s against your “{hot sheet”
sometimes prescribed registration number on the
clipboard is the only clue to the identification of an
escaping violator who has struck or injured an officer.
4. Itemized identification feature of the vehicle,
For an effective identification of the pursued
vehicle, the officer must be familiar with the following
feature of the vehicle:
a. COLOR- when the vehicle has more than one color,
first give the color of the body and then the top.
b. YEAR OF MANUFACTURE- learns to identify the
year of the model of the vehicle.
c. MAKE- Honda, Toyota, Mitsubishi, Isuzu.
d. BODY TYPE
e. LICENSE PLATE NUMBER- city or province of
issuance, letter and number prefixes.
f. OUSTANDING FEATURE AND ACCESSORIES-
g. UNUSUAL FEATURE OF THE DRIVER OR
PASSENGER
5. Keep headquarter advised
The officer must inform his headquarter
through the dispatcher about the progress of the
pursuit operation.
a. it is possible to apprehend violators as soon as
possible, radio with HQs aids in accomplishing this
objective by alerting other patrol units in the area.
b. while pursuit, use your radio whenever necessary
and advisable, if force to abandon pursuit and there
is no radio available, use any nearest telephone.
6. Stopping and approaching a violator
Is complete when you have stopped the
violator vehicle and move to the place where you will
begin to talk to the driver. The following are the
consideration in stopping and approaching a violator:
a. in stopping a violator, it must be done in safety to
you, the driver you stopped. To other driver and
pedestrians.
b. approach the violator preferable on the left side
front hr rear and be alert for the unexpected.
Road check.
This is another enforcement activity where it
involves the conducting of actual inspection of
vehicles, and motorist on the road.
1.Objectives of road check. The objectives of road
check is to detect and inspect the following:
a.faulty vehicle equipment
b.registration and licensing violations
c.intoxicated drivers
d.the load or cargo of commercial
e.Provide early warning devices occurrences and
provide appropriate precautions for safety and
conveniences of the repairman and the other
motorists.
How to handle traffic jam.
Traffic Jam is caused by such factor as
vehicular accident, stalled vehicle due to engine
trouble, absence of traffic officer at an intersection, or
road construction. Steps to be taken by traffic officer
in case of traffic jam:
a.Determine the cause of the traffic jam.
b.Where traffic jam is caused by vehicular accident,
conduct fast, immediate but complete investigation
and remove vehicles involved at the scene of
accident.
c.If traffic jam is caused by mechanical trouble,
assists motorist to push the vehicle to a place where it
will not obstruct the flow of traffic.
d. Establish yourself and conduct systematic flow to
traffic.
e. Observe if the flow of traffic became smooth, if not,
refer back to letter “a” above, and
f. Implement proper traffic regulation to avoid further
traffic jam.
Traffic Accident Investigation
Generally, to know what question to ask and
what to look for you must have some fundamental
bearing on accidents and their causes when you
speak to traffic accident, everybody knows what you
mean – SOMETHING WENT WRONG on the highway,
either, you should have knowledge of traffic
accidents and their investigations.
Purposes of Traffic Accident Investigation,
Accidents are generally investigated for four (4) main
reasons, depending on who does the investigation:
1.Everyone involved is curious about the causes and
circumstances of the accident.
2.Police are also interested in finding out whether
there is enough evidence of law violation in the
accident to take enforcement
3.Claims attorneys and adjusters want to determine
negligence on the part of the drivers involved in the
accident so that damage claims can be properly
adjusted.
30
4.Officials and other want specific information about
accidents to know how to prevent future accidents.
Common Words and Phrases Used in Traffic
Accident Investigation.
For uniform outcome of investigation, the
following words and phrases with their
corresponding meaning are often used in the
process:
ACCIDENTS – It is that occurrence in a sequence of
events, which usually produces unintended injury,
death, or property damage.
TRAFFIC ACCIDENT – An accident involving travel
transportation on traffic way.
MOTOR VEHICLE ACCIDENT – Refers to any event
that results in unintended injury or property damage
attribute directly or indirectly to the action of motor
vehicles or its loads. Included are:
a. Accidental injury from inhalation of exhaust gas:
b.Fires:
c.Explosion;
d. Discharge of firearm within the motor vehicle in
motion;
e.Collision between a motor vehicle and railroad
train or street car on stationary rails or tracks; and
f.Failure of any part of the motor vehicle while the
vehicle is in motion:
g.Collision of a motor vehicle with an aircraft or
water- craft in motion:
h.Injury or damage due to cataclysms (flood or
sudden physical change of the earth surface): and
9.Injury or damage while the motor vehicle is not
under its power is being loaded on or unloaded from
another conveyance.
MOTOR VEHICLE – Refers to every device, which is
self – propelled, and every vehicle, which is
propelled by electric power obtained.
Classification Of accidents according to severity.
1.Property damage accident. Any motor vehicle
accident where there is no fatal or injury to any
person but only damage to the motor vehicle or the
other property including injury to animals.
2.Slight. Any accident causing slight damages to
properties.
3.Non-Fatal Injury Accident. Any motor vehicle
accident that results in injuries other than fatal to one
or more persons.
4.Less Serious. Any accident causing less serious
injuries to person.
5.Serious. This pertains to an accident causing
serious injuries to persons.
6.Fatal. Any motor vehicle accident that result in
death to one or more persons.
Causes of Motor Vehicle Traffic Accidents.
Traffic accidents occur to varying
circumstances and normally, only after thorough
investigation, when liability and responsibility can be
ascertained. Notwithstanding that no driver will
readily accept that the initiated the contact or
accident, With these, the traffic investigator is faced
with gargantuan task of bringing out the truth on who
should be held responsible for the unusual incident.
His primary concern will be to determine how and
why the accident happened. The following are main
causes of traffic accident;
1.Simultaneous Factors
a.Road conditions
b.Drivers attitude or behavior
c.Whether condition
d.Speed is greater or less than safe
e.Defective vehicle (vehicle malfunction)
2.Operational Factors
a.Road hazard
b.Driver’s non-compliance to traffic laws, rules and
regulations.
3. Perception Factors
a. Drivers a inability to react promptly to situation.
b. Drivers faulty action top escape collision course.
When all possible causes of an accident have
been grouped by an investigating officer and he
believes the accident would not have occurred if any
one of these causes did not exist, then the
investigator may have identified the combination of
factors causing the accident.
On-the-scene reconstruction of a traffic accident
relates accident causation to direct causes for
summary police action and to direct, mediate and
early causes for ongoing studies of high-frequency
accident locations and future research and analysis.
What is Traffic Accident?
A ‘Traffic Accident” is that occurrence in a
sequence of events which usually produces
unintended injury, death, or property damage, or a
“traffic accident” is something happened that was not
expected. Criminal charges arising out of traffic
accidents are mostly due to negligence on the part of
the driver. Negligence means “failure to take proper
care.”
There are two (2) main kinds
1. Error of Commission
Where a person does thing that he should not have
done.
2. Error of Omission
Where a person does not do something he should
have done.
Classification of Traffic Accidents
1. Motor-Vehicle Traffic Accident
Is any motor-vehicle accident accruing on a
traffic way, for example, the ordinary collision of
motor vehicles on a highway?
2. Motor-Vehicle Non Traffic Accident
Is any motor-vehicle accident that occurs
entirely in any place other than a traffic way, for
example, a motor vehicle accident on a farm or in
private driveway?
3. Non Motor-Vehicle Traffic Accident
Is any accident occurring on a traffic way
involving a motor vehicle in motion, for example,
collision between a pedestrian and a bicyclist on a
sidewalk.
Definition of Motor Vehicle
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It is every device that is self-propelled and
every vehicle that is propelled by electric power
obtained from overhead trolley wires, but not
operated upon rails.
Definition Traffic Way
It is the entire width between the boundary
lines of every way or place of which any part is open
to the use of public for purposes of vehicular traffic as
a matter of right or custom.
Definition of Injury
Is receiving bodily harm.
Definition of Key Event
It is an event on the road, which characterizes
the manner of occurrence of a motor-vehicle traffic
accident. There are several types of collisions and
non-collisions on the road, but there is only one key
event in a traffic accident regardless of how many
traffic units are involved. It fixes the accident with
respect to time, place, and type.
Key Events of Traffic Accident
1. Running off the road.
2. Non-collision on the road.
3. Collision on the road.
Chain of Events in a Vehicular Accident.
For the purpose of reporting, traffic accident
may usually be described well enough as a single
occurrence but when accident in investigated
attention is directed to particular stages of the
occurrence.
In fact an accident may be usually defined as a
series an expected events leading to damage or
injury. One event usually leads to another so that the
series can be spoken of as a “chain of events”. These
events are described and illustrated below:
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 the 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 – It is a first accidental touching of
an object collision course or otherwise avoid a
hazard.
4.Maximum Engagement – It is greatest collapse pr
overlap in a collision. The force between the traffic
unit and the object collided within are greatest at
maximum engagement.
5.Disengagement – It is the separation of 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 unit/s involved
come to rest. It is usually stabilizes the accident
situation.
7.Injury – It is receiving bodily harm. This event
does not necessary 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.
8.Other events that may occur during an accident:
a.Point of Possible Perception – The place and the
time of which a normal person could have perceived
the hazard. It precedes actual perception and is the
beginning of perception delay.
b.Point of no Escape – It is that place and time after
or beyond which the accident cannot be prevented
by the traffic unit under consideration.
c.Perception Delay –The time from the point of
possible perception to actual perception.
dFinal Position – It is the place and time when
objects involved in an accident finally come to rest
without application of power.
Five (5) Levels of Activity in accident
Investigation.
1. Reporting – This stage involves basic data
collection to identify and classify a motor vehicle,
traffic and persons, property and planned
movements involved
2. At the scene investigation. This level involves all
action taken by the investigator at the scene of the
crime or accident.
3. Technical preparation. This involves delayed
traffic accident data collection and organization for
study and interpretation.
4. Professional reconstruction. This involves efforts
to determine from whatever information is available.
How the accident is happened
5. Cause Analysis. This last level usually involves
final analysis on the cause of accident that are bases
for the prevention of similar accident.
SPECIAL CRIME SCENE INVESTIGATION
As this developed, let me present some principles from
known criminologists; namely:
O”Hara and O’Hara in his book
Fundamentals of Criminal Investigation claimed that
“Human beings are creators of habits”, thus no
matter how a suspect though careful he is, even it
needs a rehearsal will and will unconsciously leave
trace marks.
Dr. Paul L Kirk, said in his book Crime
Investigation, “the success of most investigation
begins at the Crime Scene”. Emotional influences,
which may exist must be recognized and controlled
in order that the crime scene search will be
organized.
Kenneth W Goddard in his book, Crime
Scene Investigation, narrates the significance of
reconstructing the scene of the crime, through mental
and physical reconstruction processes, the
investigator is able to formulate information or
possibilities that would led to tying up the suspect to
either the victim or the crime scene.
a.Vinculado Case – there was an alleged switching
of evidence. The Supreme Court said, “ the proper
gathering/collection and handling/preservation of
vital evidences in a criminal case is the responsibility
of the police or any law enforcement agency.” In this
case, the Chain of Custody principles in the manner
32
of preserving the integrity of physical evidences had
been grossly violated. The police are duty bound to
insure the protection of all collected physical
evidence in the community of the chain of custody
principle.
b. Vizconde Massacre case – a law
enforcer/investigator who first responded and later
on convicted ( SPO 1 Gerry Biong), destroyed vital
physical evidences due to his inefficiency. He
bungled the crime scene destroying its original
appearance and condition before other investigators
arrived.
c. Others such as the Ship Captain Magahum case,
Pestano case, Lucila Lalu case, etc. are sensational
cases resolved by the law enforcement agency on
consideration of the probative value of physical
evidence. The Nida Blanca case, the NBI and CIDG
are focusing on the probative value of physical
evidence and accepted by the DOJ on ground of
Circumstantial Evidence.
B. CONCEPT
Due to the rigid rules requirement mandated
by the courts where the testimonies of eyewitnesses
fail, circumstantial evidence will. All these
circumstantial factors, the crime scene produces
them all through the pieces of Physical Evidence
gathered and collected at the crime scene. Under the
principle, “res ipsa loquitor”’ which means “ the
thing speaks for itself” validates its admissibility in
evidence. However, to prove this principle
knowledge, skill, experience and the enigma of the
investigator/searcher on the field of identification
and searching is a MUST.
Utmost, the investigator overlook tying up the
crime scene to the perpetrator, the physical
evidences maintained in its condition up to the time
its perceived by the court. The principle of “ Chain
of Custody of Evidence”, has been taken for
granted; proper receipts are not considered when
the transfer of the physical evidence had been had in
some urgent situations. Another is the time constraint,
which necessitates the timely attention of the PNP
Crime Laboratory personnel in the examination and
evaluated processes.
PHYSICAL EVIDENCE – are articles and
materials that are found in connection with the
investigation and which aid in the identity of the
perpetrator or the circumstances under which the
crime was committed or which, in general assist in
the prosecution of the criminal.
SCIENTIFIC INVESTIGATION – requires
tedious and tiring but patient and devotion to the
study. Parker of California and Kind of Great Britain
have strongly argued that a Criminalists need to be
educated and trained as such from the ground up.
Philippines is composed of more than 7,000
islands and a criminalist cannot serve all these
islands, but a trained, well informed and patient
policeman can at least perform the function of a
criminalist by ably recognizing, collecting and
preserving the Physical Evidence.
C. DEFINITION OF TERMS
CHAIN OF CUSTODY OF EVIDENCE – Refers to
the proper and continuous handling of physical
evidence from the time it was recovered up to its
final disposition (with the court).
CIRCUMSTANTIAL EVIDENCE – is the identification
established indirectly by proving another facts or
circumstances from which, either alone or in
connection with other facts, the identity of the
perpetrator can be inferred. Therefore, that
depends on the accompanying circumstances of a
crime.
CRIME DETECTION – to investigate/find out the
causes for the violation of law.
CRIMINOLOGY – it is the study of criminal people
and criminal mind.
CRIMINALIST – is a person trained in science who
uses the ways of the laboratory to help the police
investigators facilitate the value or interpretation of
physical evidences submitted for laboratory
examination. In some countries, he may be called a
Forensic Scientist.
CRIMINALISTICS – is often mixed up in people’s
mind with Criminology. Is the study of criminal
things. A criminal does a wrong act by means of
things like spilling blood, breaking glasses, falsifies
papers, lets off firearms, leave prints and marks, etc. .
. at the crime scene. These criminal things are called
Physical Evidence. Many of these criminal things are
small or minutiae and have to be carefully examined
before a microscope. Some must be dusted with
powders or requires the use of special light to see
them.
EXPERT WITNESS – A term applied to a witness
adjudged by the court fit/qualified to speak
authoratively by virtue of the special
training/experiences, skill, familiarity with a
particular subject/expertise.
Two (2) Kinds of Experiences
a. Occupational Experience – that a person gets by
working at his job for a long period of time.
b. Systematic Training – that a person gets through
his studies in school.
FORENSIC – the results are to be explained or
testified to before the court; examiner must be
examined and cross-examined.
PROABLE CAUSE – facts and circumstances which
could lead a reasonable, discreet and prudent man to
believe an offense has been committed, and that the
objects sought in connection with the offense are in
the place sought to be searched.
SCIENCE – is an ordered body of knowledge based
on the observation and testing of facts.
SCIENTIFIC – using methods based upon well-
established facts, thorough and accurate.
SUBSTANTIAL EVIDENCE – are relevant evidence
as a reasonable mind might accept as adequate to
support a conclusion.
TECHNICAL INVESTIGATOR – Investigators who
are trained carefully to locate, identify, collect and
preserved kinds of physical evidence that are found
at the crime scene.
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Q. How is the evidentiary value of a Physical
Evidence preserved?
1. Proper Recognition – identifying the relevant
material or physical evidence of the crime under
investigation.
2. Proper Recovery – proper procedures in
collection/gathering of the evidences.
3. Proper Control and Preservation – proper
packaging, markings/tagging, labeling and
engraving, as well as receipts and recording.
Q. What is the significance of Physical Evidence?
a. For Identification – relating to the perpetrator.
b.For Comparison – determining resemblance of
the questioned and standard.
Three (3) Methods of Recording the Crime Scene
a. Photography
b. Sketches
c. Notes taking
THREE (3) TOOLS IN CRIMINAL
INVESTIGATION
a. Information
b. Interview/interrogation
c.Instrumentation – is the application of instruments
and methods of physical science to the detection of
crime.
It is the sum total of the application of all sciences
in crime detection otherwise known as
CRIMINALISTICS although instrumentation means
more than Criminalistics because it includes also all
the technical methods by which the fugitives maybe
traced and examined.
Query: Basically, the solution of a crime may be
achieved through:
Answer: a. Direct testimony of a witness
b. Confession of the suspect; and
c. Circumstantial Evidence or information obtained
through interpretation value of physical evidence.
Query: Supposing there will be no eyewitness or if
there are witnesses, their testimonies were
stricken for being bias, immaterial, etc. and
furthermore, the suspect did not confess, What
will happen?
Answer: As a rule, where there are no evidence to
establish the guilt of the accused beyond reasonable
doubt, he has the right to an acquittal.
Query: What are the different ways in which
Criminalistics may be useful in Criminal
Investigation?
Answer:
HOW?
a. By supplying one or more missing
links in a chain of evidence;
b. By strengthening a weak link or links
in the chain of evidence;
c. By checking the accuracy of the
statements made by the suspect,
material witness;
d. By clearing up doubtful points in the
preliminary stages of an investigation
e. By assisting in the rapid clearing up of
routine inquiries.
Physical Evidence - are items or objects found at
the crime scene, which are relevant to the crime
under inquiry. Normally, physical evidence are
inanimate objects but can provide impartial facts. An
item of physical evidence cannot be cross-examined,
although its chain of custody and freedom from
contamination may be attacked.
Query:Generally, what is the significance of
physical evidence?
Answer:1. Collected physical evidence is referred to
as “silent witness”;
2. Used to reconstruct the crime scene;
3. Use in the identification and linkage of the suspect
to the crime scene;
4. Establishment of a probable cause for arrest; and
5.Overcome conflicting and confusing statements or
discredit alibis.
What is crime scene ?
It is that area or territory where a crime has
been committed. It is where related physical
evidence can be identified, discovered, collected
and related information gathered.
Enigmas of Attitude and Emotion.
Crime scene processing is dependent on the
attitude of the searcher. The most beneficial and
constructive attitude possible is one which
emphasizes that evidence will always be located if
the time and effort are expended in a methodical
manner. Nothing is to be excluded from
consideration and the search will not be concluded
until personnel are certain that all possibilities have
been explored.
Another is controlling emotion; sometime
good judgment is transformed into complete
confusion. Emotional influences must be controlled
so that investigative processes will be organized and
methodical.
Forensic Sciences will be inadvertently
ineffective with the insufficiency of questioned and
standards collected. This must always be born in
mind by the investigator to always locate relevant
physical evidence, collect, preserved and be
identified.
Factors that influence Effectiveness
From the managerial and administrative viewpoints,
a crime scene search is effected by two (2)
environments” – INTERNAL and EXTERNAL.
“Internal” – environment is best described as being
all factors which exist within an agency which can
affect the quality of scene searches. Many aspects
such as funding, training of personnel, proper
equipment, command structure and planning
programs directly contribute to the success or failure
of searches.
“External” – environmental factors are those which
exist apart from a department and generally include
societal changes and pressures. These factors may
have immense impact on the operations and
administration of the investigative work and therefore
the investigators must be properly postured and
careful in properly handling the situation.
Reconstructing the Crime Scene
1. Mental Reconstruction – keen observation of the
appearance and condition of crime scene and
34
mentally constructing the possibilities how the crime
may have been perpetrated.
2. Physical Reconstruction – arriving at an initial
conclusion how the perpetrator may have
consummated his criminal design with the narration
or testimony of witness/es. Like in re-enactment
situations.
Fixed responsibility and Information Evaluation
This is to ensure that responsibility is
maintained and synchronized, the duties and
functions of each member is detailed. Establish a
“command post”. Maintain “information evaluation”
to inquiries.
Unauthorized individuals who must be controlled:
a. General public;
b. Media representatives;
c. Police personnel; and
d. Victim\s
A conclusive inquiry to the investigator’s self is the
question oncredibility. Did the investigation
represent the crime scene thoroughly, accurately,
reliably and objectively? The legal system will
expect and accept nothing else in the courtroom
arena but what must be material and relevant
evidence.
POINTERS NECESSARY TO CONSIDER
ESTABLISHING THE EVIDENTIARY VALUE OF
PHYSICAL EVIDENCE:
1.Causes of Alteration of Physical Evidence:
➢ Natural
➢ Accidental
➢ Intentional
2.General rules in protecting physical evidence:
a. Excluded all unauthorized persons in the crime
scene;
b.Keep to a maximum the number of persons to enter
the crime scene;
c.Prevent exposure of evidence against alteration;
d. Protect evidences obtained from other persons or
sources from extraneous contact from other people
or objects/prevent contamination.
2.Collection – gathering and protection of
evidence
Purposes:
1. To aid in the solution of a case;
2. To prove an element of an offense;
3. To prove the theory of the case.
3.Principles in the collection of Physical Evidence
a. Adequate sampling/sufficient amount of standards
and questioned samples
b. Integrity of samples ( there should be markings);
c. Proof of Standard (Validity of evidence)
4.General rules in the collection of evidence:
a. Obtain it legally (valid search warrant, permission
and consent of owner);
b .Describe it in your notes;
c. Identify it properly
d. Pack it properly
e. Maintain the chain of custody of evidence or
chronological accounting of evidence.
1.Evidences found adhering to movable evidences
must be protected with cellophane or paper then
transmitted to the crime laboratory;
2.For non-movable evidences/objects; scrape it and
place it in a cartoon with cover;
3.Mark and label all evidences, however, see to it
that there are sufficient standards included.
4.Collect articles with stained on it, cut it from the
large source and mark it with your initial directly on
the evidence in a conspicuous place away from the
stained area;
5.Dry blood by natural process or at room
temperature;
6.Cut it if the owner consented; if not, scrape it with a
clean knife;
7.Fresh blood – collect it with tissue paper or with a
medicine dropper;
8.When blood samples are required medical
personnel should take it with approximately 5 cc in a
sterile test tube.
2.Preservation:
Two (2) classes:
1) Physical preservation;
2) Preservation from alteration or perishable
evidence
Custody of Evidence (Two (2) kinds of property)
a) Government owned property
b) Different types of evidence
Classification of Temporary possessed types of
Property
a) Evidence – all property of evidential value relative
to the arrest
b) Found Evidence – properties which is of evidential
value but has not been connected with any specific
arrest or investigation.
c) Found Property – all properties found by any
person and apparently with out evidential value and
can be released to the owner after identification.
d) Personal Property – Property in the possession of
an arrested at the time of arrest and subject to be
returned.
e) Safekeeping – property not falling under any of the
previous or proceeding categories.
2.Transmittal – to send evidences from one place to
another.
Methods :
1) Handcarried by the investigator on case
2) Safehand carrier
3) Registered Mail
4) Ordinary Mail
THE PNP CRIME LABORATORY and SCENE OF
CRIME OPERATION (SOCO)
FUNCTIONS OF THE PNP CRIME LABORATORY
1. Undertakes all Medico-legal Services;
2. Performs Firearms Identification;
3. Performs Fingerprint Identification;
4. Modern Forensic Photography Service;
5. Identifies evidence through physical and chemical
Identification methods
35
6. Performs polygraph examination
7. Performs Document examination;
8.Conduct forensic training to provide police
investigative agencies with technically trained
personnel
9. Appears and testifies before courts of justice as
expert witness
10. Performs other related functions as directed by
higher headquarters.
MAIN DIVISIONS OF CRIMINALISTICS
A. Three (3) Scientific Divisions = subjects require
the study of science and mathematics before
practical training in the laboratory, namely:
1. Chemistry
2. Physics or Physical Identification
3. Biological Science/Medico-legal
B. Three (3) Technology Divisions = subjects are
usually learned directly by practical training in the
laboratory under the close supervision of an
experienced examiner
1. Questioned Document Examination
2. Firearms Identification
3. Latent Fingerprint Identification
1.CHEMISTRY – ORIGINALLY, it was referred as
Forensic Chemistry, which shows the importance of
the Chemist. It include alcohol analysis, toxicology,
narcotics testing, firearms discharge residues
(GPR\Paraffin Cast), identification of paint chips,
chemical development of latent prints, and all types
of analysis that use electronic instruments.
2.PHYSICS or PHYSICAL
SCIENCE/IDENTIFICATION – In a police
laboratory is often done by the Chemist because
most of the physical problems in Criminalistics are
fairly simple. Firearms identification, tool mark
comparison, scientific photography, the study of
traffic accidents to find out the speed and direction of
vehicles, and the uses of physicist in a crime
laboratory.
3.BIOLOGY – is the study of living things.
4. FIREARMS IDENTIFICATION – has to do with
the comparison and identification of firearms used in
the commission of crimes.
5. QUESTIONED DOCUMENT EXAMINATION – is
concerned with the examination of forged, altered or
suspect papers, to see if they are genuine or if they
have been changed in anyway. Document examiners
develop hidden writing and reveal erasures and
changes.
6. FINGERPRINT IDENTIFICATION OR LATENT
PRINT IDENTIFICATION – concerned with the
examination of latent prints collected or found at the
crime scene.
7.PHOTOGRAPHY This includes microphotography,
macro photography (long lens camera), infra-red,
ultra-violet and special light procedures. To have a
photographic technician will assist the criminalists in
the work, but the responsibility of taking evidence,
pictures always belongs to the examiner.
8. POLYGRAPH OR LIE DETECTION – is based on
the common observation that one or more
physiological changes frequent accompany changes
in our feelings. For example, many of us had sweaty
palms when excited or anxious. Sometimes the
examiner must know physiology and psychology.
NOTE: Forensic Photography Division is no longer
included among the Divisions of the PNP Crime
Laboratory because Photography has been as an
imperative function of the examiner. It has been
observed in some instances that at times the Forensic
Photographer has a different perception as with that
of the Examiner, hence, a conflicting statement in
court that would greatly affect the credibility of each
personnel. So, to evade repetition of said incident,
Photography has been included as a responsibility of
the examiner, in fact this addresses the requirement
in court of “personal knowledge.” Likewise,
Polygraphy or Lie Detection is not included as a
Division, however, it remains as a discipline. Reasons
that apparently, the result of which is not admissible
in evidence except as those allowed by courts where
Lie Detection results as admitted in evidence.
“The TECHNICAL INVESTIGATOR – Many
thousands of cases\crimes have been solved by field
investigators without help from a laboratory, but no
criminalist has ever solved a crime without the help
of any investigator.”
Significance of PHOTOGRAPHY :
1. Photography can be used for identification, record,
preservation and substitution of evidence in a crime;
2. No one can rely on their memory in which
photograph would serve as a sort of artificial memory
for them;
3. Photography is indispensable to the effective
presentation of certain types of court testimony.
FORENSIC MEDICINE:is that branch of medical
science, which deals with the application of
medical knowledge to elucidate legal problems,
estimates, examines the cause of death, either:
a. Natural death;
b. Violent death
1.Accident;
2.Negligence;
3.Infanticidal;
4.Parricidal;
5.Murder;
6.Homicidal
Examines causes of physical injuries such as:
a.Physical violence
b.Heat or Cold
c.Electrical Energy
d.Chemical Energy
e.Radiation
f.Change in the atmospheric pressure
CHEMIST JOB:
1. That analysis of contact traces;
2. The comparison of materials found in the
possession of a suspected thief with control material
from the scene of the theft incident;
3. The proof of fraud or false pretenses;
4. Toxicology or the isolation and identification of
poisons;
5. The identification of drugs of addiction;
36
6. The identification of substances used in attempts to
produce abortion;
7. The absolute determination of alcohol in body
fluids from allegedly intoxicated motorists;
8. The identification of explosives used in safe-
blowing and bomb outrages;
9. The investigation of malicious damage with
chemicals
10. The investigation of water pollution
11. The extraction and identification of the fire raising
materials from debris taken from scenes of fire;
12.The restoration of erased, identification of
members or stolen property usually by suitable
etching techniques;
13. The examination of counterfeit coins;
14. The analysis of inks and papers used in disputed
documents.
SCENE OF CRIME OPERATION (SOCO)
PURPOSE OF SOCO
This SOP will set forth the mission, objectives,
concepts of SOCO and the functions and
responsibilities of personnel involved in SOCO vis-à-
vis the investigators handling the case. This will also
serve as a guide to the field investigators in their
working relationship with other units relative to
scientific investigation.
OBJECTIVES OF SOCO
1. To conceptualize (introduce/build in their minds)
the Crime Lab SOCO in the PNP Organization.
2. To orient and guide field investigators of the
importance of SOCO in scientific investigation of
criminal incidents.
3. To assist investigators in the speedy solution of
criminal cases especially heinous ones through the
proper processing of evidence.
4. To institute a clear cut delineation of duties and
functions among investigators of different operating
units and the SOCO to deter overlapping and
duplication of functions and to avoid passing the buck
attitude in case of dismissal of criminal cases in trial
courts.
CASES TO BE INVESTIGATED BY THE SOCO
Not all incidents are for scene of crime
operation. The necessity of the technical expertise
applies only to heinous crimes where careful scrutiny
is necessary more so when the investigator faced
with a blank wall. The field investigators through
statements of witnesses and related collected pieces
of physical evidence can handle light offenses. This
shows the importance of the SOCO why it is involved
only on heinous crimes. These crimes are:
a. Murder
b. Homicide
a. Robbery with force upon things
b. Rape with Homicide
c. Arson
d. Other heinous and/or sensational cases
as requested and directed by higher
headquarters.
COMPOSITION OF THE SOCO TEAM:
Each SOCO Team shall be composed of, but
not limited to the following depending on the nature
of the case:
1. Team Leader
2. Assistant Team Leader
3. Photographer and Photographic Log Recorder
4. Sketcher/Measurer
5. Evidence Recorder/Custodian
6. Evidence Recovery Personnel
7. Driver/Security
FUNCTIONS AND RESPONSIBILITY
A. Team Leader
1. Assume control of the crime scene. Ensure safety of
personnel as well as the victims and offenders caught
in the scene and secure the crime scene from
kibitzers.
2. Conduct initial survey of the crime scene for
evaluating potential evidence and narrative
description of the place.
3. Determine patterns to be used and designate
assignments to evidence gatherers
4. Designate command post location in or near the
crime scene and insure exchange of information
between searcher and investigators.
5. Coordinate with other law enforcement agencies
for the security of the victims, offenders/suspects and
the scene of the crime.
6. Ensure that sufficient supplies and equipment are
made available for personnel involved in the SOCO.
7. Control access to the scene and designate
personnel to log persons entering the place and
remove kibitzers in the area.
8. Continuously re-evaluate efficiency of the search
and ensure that all places are searched properly.
9. Release the crime scene to the investigators
handling the case.
B. Assistant Team Leader
1. Shall assist the team leader in all his functions and
responsibilities
2. Assume/takeover the responsibilities of the Team
Leader in his absence.
C. Photographer and Photographic Log Recorder
1. Photograph the entire area of the crime scene with
overall, medium and close-up coverage using
appropriate scale.
2. Photograph victims, suspects/offenders arrested at
the crime scene
3. Photograph all evidence before collection
4. Photograph all latent fingerprints, impression
before lifting or casting is made. Likewise,
photograph blue print maps and other items.
5. Prepare photographic log and photographic
sketch
D. Sketcher
1. Perform all sketches necessary during the crime
scene processing.
E. Evidence Recorder/Custodian
1. Prepare evidence recovery log and accomplish
chain of custody of evidence
2. Conduct packaging, preservation and
transportation of gathered pieces of physical
evidence to the crime laboratory
37
3. Coordinate evidence nomenclature with sketcher,
photographer and evidence gatherer.
4. Receive and record all evidence recovered
5. Maintain custody and control of evidence
6. Observe the proper custody of evidence
7. Coordinate transmittal of evidence to case
investigator or to the crime laboratory per agency
guideline.
F. Evidence Recovery Personnel
1. Have significant evidence photographed before it
is collected
2. Keep team leader always apprised of significant
evidence located
3. Initial and date all evidence and turn it over to the
evidence recorder/custodian, after noting where the
item was located
4. Coordinate evidence nomenclature with Evidence
Recorder/Custodian and Sketcher
5. Insure that appropriate safety measures are
adhered to, especially with respect to proper
clothing including gloves.
PRINCIPLES AND GENERAL STAGES OF A
CRIME SCENE SEARCH
A. Crime Scene Search Methods
The primary duty of the SOCO Team Leader
upon arrival at the crime scene is to make
coordination with the investigator-on-case or the
officer-in-charge. The purpose of coordination is to
secure the approval of the investigator before the
SOCO Team assumes control of the crime scene until
it is released. If no investigator or any responsible
officer is present at the scene, the team may proceed
with the processing after conducting the general
survey and after establishing a common approach
path.
For purposes of scene of crime operation or
crime scene processing, the following methods of
search may be employed:
1. Strip or Line Search method
2. Grid or Double Strip Search Method
3. Spiral Search Method
4. Zone or Quadrant Search Method
5. Wheel Search Method
B.Coordinating Crime Scene Investigation
procedures are:
1. Preparation
2. Approach the Scene – the surroundings of the
crime scene may reveal significant information to the
investigator, like escape route, traces of evidence,
etc.
3. Security and Protection of the Crime Scene
4. Preliminary Survey – the investigator before any
action must have to feed his mind with information
what crime has been committed, possible point of
entries, point of attack, points of exit and other
related information he/she must be equipped before
resulting to actual actions.
Purposes:
> Establish the original scene condition
> Develop a frame of mind to organize subsequent
efforts based on the practical aspects of the area in
which the crime occurred
> Know the type of logistics, materials and personnel
needed.
a. Initiate a preliminary survey, which will function as
the implementing plan for the entire search.
b. Accomplish a cautious walk-through of the scene.
c. For the person-in-charge, he should maintain
definite administrative and emotional control
d. Select appropriate narrative description technique
e. Acquire preliminary photographs
f. Define extent of the search area, usually expanding
from the initial perimeter
g. Organize applicable methods and procedures.
Recognize special problem areas.
h. Determine personnel and equipment needs. Make
specific assignments.
i. Identify and protect transient physical evidence
j. Develop a general theory of crime
k. Take down extensive notes to document important
factors in the scene like physical and environmental
conditions, evidences, movements of personnel, etc.,
and;
l. On vehicles, get licensed plate number,
description of vehicle, position of key and odometer
reading.
5. Evaluation of Possible Physical Evidences
a. This evaluation begins upon arrival at scene and
becomes detailed in preliminary survey stage.
b. Based on preliminary survey, establish evidence
types most likely to be encountered.
c. Insure collection and packaging equipment is
sufficient for task at hand – a given scene may require
special technique not normally used.
d. Concentrate on the most transient evidence and
work to the least transient forms of this material.
e. Insure all personnel to consider the great variety of
possible evidence, not only evidence within the
scope of their respective specialties.
f. Focus first on the easily accessible areas in open
view and progress eventually to possible out-of-view
locations – look for purposely hidden items;
g. Evaluate whether or not the scene and evidence
appears intentionally “convicted.”
6. Obtaining Narrative Description
a. Make a narrative that is running, general terms
description of the condition of the crime scene;
b. Represent scene in a “general to specific”
reference scheme.
c. Photograph supplements narrative description at
this point.
d. Use systematic approach in recording narrative –
no item is too insignificant to record if it catches one’s
attention.
e. Do not permit narrative effort to degenerate into a
sporadic and unorganized attempt to recover
physical evidence – it is recommended that evidence
not be collected at this point, under most
circumstances; and
f. Methods of narrative – written, audio, video
(sight/sound or sight only).
7. Depiction of Crime Scene on Photographs –
areas of concern shall be photographed. Number of
shots is not limited. The exact place of a witness
38
alleging to have witnessed the incident must be
considered.
a Begin taking photographs as soon as possible
b. . Document photographic effort with a
photographic log
c. Ensure that a progression of the –over-all,
medium and close-up view of the scene is
established.
d.Use recognized scale device for size determination
when applicable
e.Have a raw photograph first before taking one with
the use of a scale device;
f.Photograph evidence in place before the collection
and packaging
g.Be observant of and photograph areas adjacent to
the crime scene like points of entry, exits and
places/objects of attacks
h.Consider feasibility of aerial photography.
i.Photograph items, places, etc. to corroborate the
statements of witnesses, victims and suspects
j.Take photographs at eye-level, when feasible, to
represent scene as would be observed by normal
view.
k.Photographs are two-dimensional and are usually
supplemented by diagrams, sketches.
l.Film is relatively cheap compared to the rewards
obtained – do not hesitate to photograph something,
which has no apparent significance at that time – it
may later prove to be a key element in the
investigation.
m.Prior to lifting latent prints, photographs should be
taken; and
n.Acquire prior photographs, blueprints, maps of
scene area.
8. Sketch the Scene – sketch is not a replacement of
photographs but a corroborative report of the crime
scene for a more airtight support in the investigation.
9. Evaluation of Latent F/P Evidence (minutiae) –
associative evidence when properly processed
identifies the perpetrator. Must observe appropriate
collection and preservation procedures. Appropriate
containers must be used.
10. Evaluation of Physical Evidence (Large ones) –
collection of all foreign objects is most suggested and
the elimination process shall be done only at the
office after evaluation and testimonies of witnesses
are at hand.
11. Detailed Search – knowledge of the elements of
a crime helps the investigator locate related
evidences. Use the methods of searching appropriate
to the situation.
12. Collection, Recording, Marking and
Preservation of Evidence – this must be done at the
crime scene, however, if the situation does not permit
it, it can be done in the office provided evidences
were temporarily marked and must have been
placed in separate appropriate containers.
13. Re-assessment or re-inspection whether or not
the crime scene was completely processed. This is
to ascertain that nothing has been left unturned.
Should there be any place or area inspected it could
still be done.
14. Releasing of the crime scene. This must be
done to the Officer on case in order that proper
turnover of the case and safety of other properties
shall be safeguarded.
15. Preparation of appropriate reports, keeping in
mind to keep the rough draft. In several instances
the original copy has always been needed, and the
best evidence is the rough draft or field sketches and
notes.
At the Office, it would be proper for the investigator
to immediately conduct proper inspection and
arrangement of the physical evidences and reports
while still fresh in the memory.The assistance of an
artist in the preparation of a sketch is permissible
provided the investigator shall have direct control
over the sketching.
Introduction to Homicide Investigation
One of the most feared crimes is the unlawful
killing of another person-it can immobilize the
community hit by a series of killings. Hence, due to
its impact on the community, homicide is considered
as a top priority by law enforcement agencies, and it
can consume a considerable amount of time and
resources. The solution of such offense following a
completely conducted investigation is not only a
gratifying result for the investigation, and the
concerned law enforcement agencies, but for the
general public as well.
Motives of the Crime of Homicide
1.Financial Gain- Killers prompted by the
expectation of financial gain include; the beneficiary
of a will or insurance policy or a spouse or relative;
the surviving spouse in a community property state;
the merchant who stand to profit from the death of a
business associates; the so-called “lonely hearts”
killers and the poisoner.
2.Sexual Gratification- The classic example of sex
as a motive of homicide is lust. Wanting a new
younger mate has led to the number of a spouse,
particularly in community property states where
husband and wife own equal shares in their
accumulated wealth. Both motives of sex and financial
gain offer clues as to who might profit from the
victim’s death.
3.Sex-Connection Homicides- The psychological
motivations for crimes of this kind are quite different.
The killing of homosexuals and of young boys and
girls by older men appears to be of sexual origin. But
this is unlikely to aid in the identification of a suspect
unless the slayer’s modus operandi is on record.
4.Emotional Factors- Strong emotions-anger,
jealousy, revenge envy, hatred-can provoke a person
to commit homicide or premeditated murder. A
typical case of homicide is the lover or spouse caught
in flagrante delicto and killed in the heat of passion.
On the other hand, if the aggrieved partner plans and
carriers out killing, it is premeditated murder.
5.Self-Protection-Self-protection as a reason for
homicide should be recognized as a feasibility in
specific situations. One example would be the
criminal whose escape is interrupted or hampered
by the victim. Another would be a murder committed
as a result of the realization of the eventual danger
that would be posed by an eyewitness should the
39
offenders become a suspect. Another example,
perhaps more frequent in occurrence, is that of an
offender known the victim who kills to silence the
victim. In such situations, self-protection is the motive
for the removal of the eyewitness as a potential
informant.
6.Removal of Inconvenience and Impediment- A
blackmailer, an unwanted child, a feeble parent
blocking the takeover of a family business-each is an
example if an obstacle to be removed. Once an
investigator perceives that the very existence of the
deceased was a major inconvenience or impediment
to another person, the prospects of solving the
homicide are enhanced. Records and people are
important source of information in such cases; they
can support the hypothesis that the removal of an
obstacle was the motive. Depending on how the
crime was committed, physical evidence may link the
victim pr crime scene to the killer, for instance, a
weapon could be traced to the offender’s household.
7.Motiveless Crime- There are two distinct kinds of
homicide that appear motiveless or senseless; those
strangers killing stranger and those in which a
person other than the intended victim is killed.
Three major sources of information serve this
purpose.
1. Crime Scene- In addition to physical
evidence, there are other kinds of evidence
from which to surmise motive. As pointed out,
the experienced homicide investigator may
be able to form a “crime picture” of the
offender based on the familiarity with similar
crimes. This approach has been refined and
to some extent codified. For some homicides,
therefore, a psychological profile of the
offenders may help to ascertain motives.
2. People-The most productive source for
determining motive is people-family, friends,
business associates, and others who had
more than a passing acquaintance with the
deceased.When there is more than one
 possible suspect, the list can be sifted further
by considering the opportunity and
temperament of each suspect. If victim and
potential suspect come from a culture in
which face-saving or male dominance is the
norm, and the victim is female, then
interpersonal relationships must be
examined. What might merely be a lack of
courtesy may be, in another culture,
perceived as an insult to be repaid such as
confrontation often escalates-with lethal
results.
3. Records- Records are also of help in
suggesting motive. Financial gain may be
indicated if a large insurance policy was
issued or a will changing beneficiaries was
signed just prior to the homicide. Records
might reveal a history of “sharp” business
practices or debt default, or family quarrels
or disturbances requiring police responses
or of filing for separation or divorce-any of
these can leave a paper trail to the person
motivated by anger, hatred, or the need to
retaliate.
Introduction to Robbery Investigation
Robbery has strong psychological and social
implications within the community. They engender
fear and reduce the quality of life in a neighborhood
and political pressure if often brought to bear on the
law enforcement agency to solve them. For these
reasons, concerned law enforcement agencies will, if
possible, assign their most experienced and capable
investigators to robbery cases.
Definition of Robbery
It is the taking or personal property belonging to
another, with intent to gain, by means of violence
against, or intimidation of any person, or using force
upon things.
Classification of Robbery
As provided by Articles 294, 297, 298,299 & 302 of
the Revised Penal Code, robbery is divided into two
different classifications:
1. Robbery with violence against, or
intimidation of persons.
2. Robbery by the use of force upon things.
Corpus Delicti
The following are the elements of the crime of
robbery:
1. That there must be personal property.
2. That personal property belonging to
another.
3. That the taking must e with intent to gain;
and
4. That there is violence against or intimidation
of any person, or force upon anything.
Types of Robbery
1. Street Robbery
Street robberies are those offenses occurring on
public streets, thoroughfares, or outer outdoor
localities that are not obstructed from public view.
Most of the robberies fall into this type. The typical
street attack involves a young suspect and obviously
vulnerable victim. A substantial proportion of strong-
arm robberies occur in the street, as do those purse
snatches classified as robberies.
2.Residential Robbery
Residential robbery takes place whenever an
offender forcefully, or by deceit, enters the domicile
of a victim, while the victim is present, for the
purpose of taking that person’s possession and
valuables. Fortunately, individuals who enter a
residence for the purpose of committing a robbery
are relatively rare. Communities that have
experienced true residential robberies are
understandably alarmed, and demand prompt action
by the law enforcement agencies.
3.Vehicle-Related Robbery
In the vehicle-related robbery, the operator of some
commercial types of vehicle is victimized. Generally
40
peaking, taxicab drivers and delivery van operators
are particularly prone to this type of offense. It has
been found that the geographical areas which driver
works affects the likelihood of victimization. For
example, taxicab robberies occur with great
frequency in inner-city places. Most vehicle
robberies occur during nighttime, with the exception
of delivery van robberies which are common during
the afternoon hours.
4.Commercial Robbery
Robberies perpetrated against any type of profit-
oriented operation are classified as commercial
robberies. The only common denominator in
commercial robberies is that the looted structure
normally contains cash or other valuables and is not a
residence. The majority of normally contains cash or
other valuables and is not a residence. The majority
of commercial robberies are small business and
stores, with the chain store and convenience
operation frequently selected for victimization.
.
Introduction to Rape & Sexual Offenses
Investigation
The investigation of rape and other sex crime
represents a significant challenge for the criminal
investigator. The manner in which the investigation is
conducted can have an impact not only on a
successful conclusion in court, but also on the
psychological and social well being of the victim. Sex
crimes, unlike most other criminal activity, are likely
to leave an emotional scar than can last a lifetime.
Who Can Commit Rape?
Under Republic Act No. 8353, entitled “The
Anti-Rape Law of 1997”, the crime of rape can now be
committed by a male or female. Before its
amendment, rape could only be committed by a male
person.
Offender Personality Types
No specific personality profile can apply to all
rape suspects; however, criminal behavior experts
agree that nearly all rapists can be generally
categorized as follows:
1.Power-Reassurance Rapist
The power re-assurance rapist psychologically
doubts his masculinity and seeks to dispel this doubt
by exercising power and control over women.
Commonly encountered in stranger-to-stranger
rapes, this type of suspect frequently plans his
attacks through surveillance of the victim.
2.Power-Assertive Rapist
The power-assertive rapist asserts their masculinity
and dominance over victims. In contrast to the
power-reassurance rapist, this type of rapist does not
doubt his masculinity, but uses rape as a form of
symbolic power over women.
3.Anger-Retaliatory Rapist
This third type of rapist uses extreme anger to
retaliate psychologically for real or imagined past
wrongs associated with women. The anger-retaliatory
rapist’s modus operandi is characterized by a highly
violent attack and his motivation to punish or
degrade the victim.
4.Sadistic Rapist
Whereas extreme anger characteristics the
retaliatory rapist, the sadistic rapist displays the
greatest amount of over hostility toward his victim.
Sadistic rapists’ purposely inflict pain beyond that
necessary to subdue the victims, for the visible
suffering is found sexually arousing. Owing to a high
abnormal psychological conditioning, the sadistic
rapists’ is generally capable of achieving sexual
gratification only thorough extreme violence. After
extensive planning, the suspect purposely selects a
stranger as his victim, immobilizing and transporting
the victim to an isolated environment for a prolonged
attack. It is fortunate that sadistic rapist’ are the least
common type of rapist, as their attacks have the
highest probability of ending in criminal homicide.
Most sadistic rapists are highly compulsive and have
a strong ritualistic modus operandi, which they may
record during the rape.
5.Opportunistic Rapist
The final type of rapist, the opportunistic rapist, is
generally one who, in association with the
commission of an initial offense, commits rape as a
secondary offense. For example, a robbery suspect,
encountering a lone victim during the course of
commercial robbery, may impulsively rape. This is
the only true type of rapist whose motive is directly
sexual. The suspect uses only that level of force
necessary to commit the rape and often binds the
victim prior to exiting the crime scene. Some report a
high percentage of opportunistic rapists to be
intoxicated or under the influence of drugs during
their attacks.
Phases of Organized Crime
1.Predatory Phase
In the predatory phase, the criminal group is
basically a street gang, rooted in a specific “turf,” or
territory. Usually this is a physical territory-a
neighborhood, block, or cultural community.
Occasionally, however, “turf” is occupational. This
occupational association has often been the incubator
for organized crime groups.
2.Parasitical Phase
The second phase in the evolution of organized crime
is the parasitical phase. I this phase, the predatory
street gang matured-in age, criminal skills,
organizational leadership, and specialization of
labor-and has melded its territorial base with the
influence of local power brokers to provide the
neighborhood with illicit goods and services. In the
parasitical phase, the organized criminal group
begins to develop a corruptive interaction with the
legitimate power sectors in the political system.
1. Symbiotic Phase
The third stage is the evolution of organized
criminal groups is the symbiotic phase, in which
the parasitical relationships become mutual. The
host, the legitimate political and economic
system, becomes as dependent on parasite,
organized crime, as the criminal enterprise is on
the host. In the symbiotic phase, organized
41
crimes’ monopolistic control over certain sectors
of the illegitimate and legitimate economies
combines with the entrenched corruption it has
promoted and with its ability to use threat, force,
and violence. The result is that organized crime
is an important player in the political system-a
player that must be dealt with, even if it is not
recognize formally or officially.
Activities of Organized Crime
1.Gambling
While various types of gambling are becoming
accepted, more and more across the country, some
forms of it, are still illegal. Illegal gambling is
undoubtedly one of the greatest money makers for
organized crime, and its gross profits have been
estimated to exceed to those of its legal counterparts.
Gambling is the defined as wagering of money or
other valuables on the outcome of a game or event.
2.Bookmaking
Bookmaking involves taking bets on sport events or
horse races and originated as the taking of off-track
bets, more particularly in urban places where people
could not attend race at the track. For sports there is
usually a “point spread” that is standard for a given
event; for horse races the bookmaker needs to stay
abreast of the pari-mutuel odds for each race.
3.Lotteries
Lotteries have been around for generation. An illegal
lottery, or number operation, is slightly different from
bookmaking operation. Because each individual bet
is small, it is important to a large-volume business. To
achieve this, the public must have good access to
number sellers. Hence the people who sell numbers
tend to be numerous and to operate in a public place.
Number bets have to be in before the drawing of
whatever event that determines the winning
numbers. To prevent tampering, bets are usually
collected daily from various sellers and delivers to a
central place by runners. Today in places having
legal lottery, the illegal lottery will use the same
number.
4.Casino Gambling
Other than the duly authorized places, such games
are usually run in private homes or clubs. The
schedule and location of the games change and are
difficult to find. Gambling is not confined to economic
stratum. Those who have fallen victim to compulsive
gambling are treated as though it is a sickness.
5.Loan-Sharking
As prohibition was on the brink of repeal and in the
wake of great depression, organized crime families
sought new criminal enterprise. Accordingly,
because of the exorbitant amounts of cash made by
bootlegging and related ventures during prohibition,
mobsters had access to large amounts of readily
available cash. As a result, usurious loans were made
to people who were in need of cash but could not
obtain it through traditional banking means.
6.Labor Racketeering
Labor racketeering can take many forms. For
example, gangsters were used to protect picketers
against management thugs hired to break the strike.
When in the employ of management they can also be
used as strikebreakers. Labor racketeers can also be
used to protect other traditional rackets, such as
gambling and loan-sharking.
7.Drug Trafficking
Organized crime involvement in the area of
dangerous drugs is mainly concentrated in the
production of “shabu” and “ketamine”. Today, in the
local setting “shabu” still reign as the major money
maker for the organized crime groups; but newly
introduced “ketamine” industry has also afforded
many illicit opportunities for local crime
organizations.
8.Prostitution
It has been said that prostitution is the oldest
profession in the world. Although its roots go back to
ancient times, today many different types of
prostitution exist. The term could be defined as the
granting of non-marital sexual access, established by
mutual agreement of the prostituted, their clients,
and their employers, in exchange for financial
compensation. This definition is neutral as prostitutes
can be either male or female.
Effects of Organized Crime on the Community
1.Pyramid Effect
The crime pyramid begins with a large-grossing
enterprise such as a numbers bank. To run the bank,
its mangers and employees must violate lottery and
perhaps other gambling laws, as well as conspiracy
laws, and income tax laws. If communication’s
facilities are use to lay off heavy bets or if the bank’s
personnel travel to and in from work, anti-
racketeering laws are violated each day the banks
operates.
2. Corruption of Public Institution
The perpetrator of illegal enterprise depends on
public corruption-the medium in which organized
crime syndicated flourish and grow. Unless
organized crime corrupts public institutions to
minimize its risks, it cannot continue to exist. Such
corruption undermines the political system and
citizens’ faith in their institutions. When public
servants are dishonest, especially those in the front
lines of protecting the public-law enforcement,
judiciary, other agencies of the criminal justice
system, and administrative regulatory agencies-all
citizens suffer, when public are dishonest, their
loyalty is transferred from a public agency to private
interest group or an individual making bribe
payments. As bribe payments continue, the corrupt
employee becomes enmeshed in a system of private
rewards that are reinforced.
Definition of White Collar Crime
Accordingly, white-collar crime is not an
official crime category, but it represents a unique
area of criminality that differs from other categories
of criminality, such as crimes persons and properties.
White-collar crime is somewhat generic term,
meaning different things to different people.
Although white offenses are less visible than crime
such as theft and robbery, their economic impact
42
may be considerably greater. The appropriate
definition of white-collar crime has long been a
matter of dispute among criminal justice
practitioners. a particular point of contention is
whether it is defined by nature of the offense or by
the statute, profession, or skills of the offender.
Notable White-Collar Crime
1.Insider Trading- Insider trading occurs when a
corporate executive with direct knowledge of
market-sensitive information uses that information for
his or her own benefit. In recent years, the definition
of insider trading has been expanded by the statutes
in other countries, to include persons working in
financial institution, such as banks and saving loans,
who abuse confidential information on pending
corporate action by giving such information to third
parties, permitting them to buy stock in the company.
Such actions are deceitful and violate national trade
code.
2.Money Laundering
Money laundering conceals the source of
illegal money and gives a legitimate history and
paper trail. The money laundering process can take
many forms, including; simply merging illicit money
with a legitimate cash source, which usually uses a
business that generates large amount of cash, and
using sophisticated international money-laundering
techniques. Estimates of how much money is
laundered are virtually impossible to make with any
precision. Money laundering techniques include the
following:
a.Bank Methods
The most common method for laundering money is
called bank method. In this basic technique, the
money launderers take their cash to a bank and
conduct several transactions that usually involve
trading currency of small denominations for larger
ones. This is done for obvious portability purposes. it
is also common for cash to be exchanged for treasury
warrants, bank drafts, letters of credit, traveler’s
checks, or other monetary instruments.
b.Smurfing
The launderer provides several individual or
“smurfs” with cash from illicit activities. each smurf
goes to different banks and purchases a cashier
checks in denominations of not less than P50,000.00,
thus by-passing the reporting requirements. The
smurf then turn the checks over to a second person
who facilitates their subsequent deposit into domestic
banks or transport them physically to banks outside
of the country. In some instances the monetary
instruments were pre-marked “for deposit only,”
making them non-negotiable to the courier.
c.Currency Exchange
Launderers may also use either money exchanges or
brokerage houses for facilitating movements of their
money. Foreign currency exchange is frequently set-
up as a store fronts that regularly in large cash each
transaction. In using the exchange, the launderers
avoid using traditional banking institutions and
therefore avoid risky reporting requirements. Banks
traditionally deal with exchange companies and
customarily won’t question large transactions from
those businesses.
d.Double Invoicing
Double invoicing is yet another popular method of
hiding illicit financial gains. In this technique, a
company orders merchandize from a foreign
subsidiary at an inflated price. The different between
inflated price and the actual price is deposited by the
subsidiary in a special offshore account.
Occasionally, the same technique is employed
reverse.
e.Acquisition of Financial Institution
The fifth money laundering method, possibly the
most difficult to detect, simply involves acquiring a
domestic or international financial institution by
controlling an entire intuitions, launderer can go far
beyond the immediate aim of concealing illicit
earnings. They effectively take over part of the local
banking system and divert it to their own needs. Such
operations, each are apparent in other places, enable
launderers to manipulate correspondent banking
relations, make over night deposits, arrange loans,
and take advantage of the abused list.
f.Confidence Game
The spectrum of white-collar crime also extends to
the timeless scam of the confidence game. Criminals
for decades have practice the art of getting
something for nothing by stealing from a trusting
person. When reading the following con-artist scams,
it might be difficult to believe that intelligent people
could actually fall victim to such manipulations.
Indeed, they do. Let us now examine some of more
common con games.
1.Pigeon Drop-Probably the most practiced
confidence game of all times, the pigeon drop comes
in many varieties. In this scam, a lot of losers pay a
few winners. Although these scams are sometimes
conducted in different ways, most seem to follow the
basis pattern. The key to the success of this scam is
the powerful acting between the cons-in particular,
the bickering between the two men that makes the
victim feel that he or she will be left out unless they
abide by the conditions of the agreement. The
reliability of the boss is the convincer. The amount of
money in question is always so great that the victim
wants to believe.
2.)Bank Examiners Scheme- In this scam, con
artists pose as intelligence agents, bank examiners,
police officers, investigators, or bank officials. The
victim is then contacted by them pretending to need
help in conducting an investigation. The con also asks
the victim to verify their present bank account. After
doing so, the victim is advised that the bank records
reflect a lesser amount, and it is suggested that
someone might be tampering with the amount.
3.)Pyramid “Get Rich Quick” Scheme- Among the
oldest con games, pyramid rackets have been used
to swindle millions of persons annually, employing
everything from peso bills to chain letters to more
sophisticated schemes that sell franchise to
unsuspecting persons who then sell more franchise to
more victims, and so on. Theoretically, pyramid
schemes can continue indefinitely, but actually
43
“bubble” and soon collapsed because of the sheer
numbers involved.
4.) Travel Scams- Postcards with messages are
becoming common all throughout the country. The
way this scam works is that when the victim calls the
number, he is told that he will receive a package in
the mail detailing the vacation offer. The operator
then asks the victim for his credit card number,
telling him that a small service charge will be made
to his account if he accepts the vacation offer. The
victim is assured, however, that he will have a review
period to decide if he wants the package before his
account is billed for the service charge. The company
is slow in sending vacation materials, and when it
does arrive, the review period, according to the
company, has already expired. The company then
quickly bills the victim’s credit cards of its service
fee.
5.)Home Repair Gypsies- This home repair scam
begins with worker who goes door to door offering
repair services for a modest fee. Service include
driveways repair, roof repair, and so on. Scammers
accept money for repair jobs that they never finish or
fail to honor warranties on home improvement
projects.
6.)Contest Con- Contest con usually begin by
sending a computerized “personal” letter to the
victim stating that they have just won a new car, a
diamond necklace, a food processor, and so on. All
the victim needs to do to collect the prize is visit a
timeshare resort. If the victim does so, however, he
will be subjected to high-pressure sales tactics to but
one of the units. Then when prizes are given, they are
usually cheap imitations of the real thing. Letters of
this may appear urgent and may represent
companies with names that resemble official
organization.
7.)Magazine Subscription Scam-This scam begins
with a phone call asking the victim if they would like
to receive magazines for two years at no cost. The
offer is that the only thing that the victim will do is to
pay a nominal fee as service charge. The caller will
then request the victim’s charge card number.
Because crime scenes are virtually non-existent in
cases involving fraud and confidence games,
investigators should focus on learning as much as
possible about the victim and those who are
responsible for the crime. In addition, records and
documents should be identified and examined for
possible clues as to the identity of the perpetrator.
Investigative efforts to identify suspects in the case
are often handicapped by the victim’s inability to
remember details about the swindler.
8.) Computer Crime- As indicated, many different
types of crime are committed trough the illegal use of
computer. Computer crime, however, is not well
understood in the criminal justice system community,
partially because of its newness in the criminal
frontier and the level of competency required from
many such offenses. Other factors also contribute to
confusion about the crime, such as media
sensationalizing of events involving computers.
Because of this, a consensus of the definition of
computer crime is difficult to obtain. For the sake of
simplicity, computer crime is defines as any
violations of the criminal law that requires a
knowledge of computers for their perpetration.
This crime has been labeled according to this
criminal function as follows:
1.Computer Hacking
.2.Scanning
Scanning is the process of presenting sequentially
changing information to an automated system to
identify those items receiving a positive response.
The method typically is used to identify telephone
numbers that access computers, user’s identification,
password that facilitates access to computers and
credit card numbers that are used illegally for
purchasing merchandize or services through
telemarketing. Many computer systems can detect
scanners by limiting the number of access attempts
and therefore create a long delay designed to
discourage the scanning process.
3.Masquerading
Masquerading is the most common activity of
computer system intruders. It is also one of the most
difficult to prove once the case goes to trial. It is the
process of one person assuming the identity of an
authorized computer user by acquiring items,
knowledge, or characteristics. For one to have
physical access to a computer terminal or system,
many such systems require that the user enter a
specified identification such as a security code or
password. Anyone possessing the correct security
code or password can masquerade as another
person.
4.False Data Entry or Data Diddling
The false data entry or data diddling type of
computer crime is usually the simplest, safest, and
most common method used in computer crime. It
involves changing data before or during their input to
computers. Generally, anybody associated with or
having access to the process of recording, encoding,
examining, checking, converting, updating, or
transforming data that ultimately are entered in
computer can change these data.
5.Trojan Horse
The Trojan Horses method is the secret placement or
alteration of computer instruction so that the
computer will tell a second computer how to perform
illegal functions. It is unique that it will usually allow
the victim computer to perform most of all the
functions for its original intended purposes. The
Trojan Horse program is also the primary method
used for inserting instructions for other abusive acts,
such as logic bombs, salami attacks, and viruses.
6.Computer Viruses
A computer virus is a set of computer instruction that
reproduces itself into computer programs when they
are executed within unauthorized programs. The
program may be inserted through a special program
designed for the purpose or through the use of Trojan
Horses’ and hidden instructions are inserted into a
computer program that the victim used. Then the
virus multiplies itself into other programs when they
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are executed, creating new viruses. Such programs
can lay dormant in computer systems for weeks or
even months and may infect entire computer
networks, rendering them useless and ineffective.
Investigators should first interview the victims to
identify the nature of the attack. They should then see
the necessary tools to examine the contents after a
suspected event.
7.Other Methods
Many other types of computer crime also exist.
These are as follows, i.e., superzapping, salami
techniques, trap doors, logic bombs, asynchronous
attacks, computer program piracy, and automatic
teller machine frauds.
ORGANIZED CRIME INVESTIGATION
DEFINITION OF ORGANIZED CRIME
Abadinsky, Howard
➢ Organized crime is a non-ideological
enterprise involving a number of persons in
close social interaction, organized on a
hierarchical basis, with at least three
levels/ranks, for the purpose of securing
profit and power by engaging in illegal and
legal activities.
Albanese, Jay S.
➢ Organized crime functions as a continuing
enterprise that rationally works to make a
profit through illicit activities, and that it
insures its existence through the use of
threats or force and through corruption of
public officials to maintain a degree of
immunity from law enforcement.
Albini, Joseph L.
➢ It appears that the most primary
distinguishing component of organized crime
is found within the term itself, mainly,
organization.
Beirne and Messerschmidt
 ➢ The core of syndicated crime (commonly
referred to as "organized crime") is the
provision of illegal goods and services in a
society that displays a continued and
considerable demand for such goods and
services.
Comptroller General
➢ 'Organized Crime' refers to those self-
perpetuating, structured and disciplined
associations of individuals or groups,
combined together for the purpose of
obtaining monetary or commercial gains or
profits, wholly or in part by illegal means,
while protecting their activities through a
pattern of graft and corruption. (U.S.
Comptroller General, 1981: 10)
Cressey, Donald R.
➢ The organized criminal, by definition,
occupies a position in a social system, an
"organization", which has been rationally
designed to maximize profits by performing
illegal services and providing legally
forbidden products demanded by the
members of the broader society in which he
lives. (Cressey, 1969: 72)
Federal Bureau of Investigation (FBI)
➢ The FBI defines organized crime as any group
having some manner of a formalized structure
and whose primary objective is to obtain
money through illegal activities. Such groups
maintain their position through the use of
actual or threatened violence, corrupt public
officials, graft, or extortion, and generally
have a significant impact on the people in
their locales, region, or the country as a
whole. (FBI website - last viewed 20130702)
MODELS OF ORGANIZED CRIME
➢ The "patron-client model", represented by
the works of Joe Albini (1971) and Francis and
Liz Ianni (1972), re-conceptualizes the Cosa
Nostra as a web of asymmetric ties
embedded in local or ethnic networks,
➢ Whereasthe "enterprise model", proposed
by Dwight C. Smith (1980), centers around
economic activities and the primacy of
market forces over group structures.
Chambliss’s Crime Network model
➢ According to William Chambliss organized
crime could not operate at all without the
direct complicity and connivance of the
political machinery.
Smith’s Enterprise model
Dwight Smith summarizes his hypothesis of
organized crime by suggesting that the phenomenon
be looked upon as enterprises occurring along a
spectrum of legitimacy. The organized crime is
nothing more than an extension of normal business
operations into the illegal market. The heart of
enterprise theory is the hallmark of economics, the
law of supply and demand.
Ianni’s Kinship Group model
➢ Francis Ianni argued that organized crime is
nothing more than a traditional social system
“organized by action and by cultural values
that have nothing to do with modern
bureaucratic virtues”. Ianni maintain that
organized crime is best explained by an
examination of local kinship or ethnic social
network.
Non-Traditional Organized Crime
➢ These are unique characteristics that set this
category of criminals apart from traditional
groups. No single non-traditional organized
crime group is typical. Rather, there is
collectivity of criminal organizations that
demonstrate a few well defined patterns.
Thus, several conditions exist which seem to
lend cohesiveness to modern day drug
trafficking organizations: vertical integration,
alternative source of supply, exploitation of
social and political conditions, and insulation
of leaders from the distribution network.
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Characteristics of Organized Crime
1. Conspiracy and Hierarchy– planning,
organizing, executing; three or more
permanent levels of rank with a division of
labor or specialization.
2. Ideology of Economics – it’s just business,
nothing personal; it’s probably more
accurate to say they have no ideology, no
politics; intimidation, violence and coercion
are business, profit oriented.
3. Perpetuity – the organization is designed to
last through time, beyond the lifespan of
current members via a mix legitimate
“fronts”
4. Monopoly –they have total control over a
particular turf or industry, seeking goods or
services that are presently illegal or quasi-
illicit and that have such a demand that
raising price won’t matter.
5. Strict discipline – the group controls its
members promptly, deadly; there’s a code of
silence, secrecy extensive rules and
regulations.
6. Restricted membership – on ethnic, kinship,
criminal record, or other grounds, applicants
need a sponsor; not anyone can join.
7. Immunity from prosecution –the group is
interested in corruption,in fixing the criminal
justice system.
Genres of Organized Crime
1. Aboriginal – this word means “native
people”, and aboriginal organized crime is
mainly a problem in Canada. In that country
several Indian tribes control the illegal
tobacco, weapons, and gaming markets.
2. Chinese – the Tongs and Triad (Chines
mafia) have been involved in business
extortion, alien trafficking (with Mexico), the
underground garlic trade (in Taiwan),
software piracy, and the traditional drugs,
gambling and prostitution in china towns
 across the world. The Tongs are an old secret
society, going back to the mid-1800s.
3. Columbian – the Columbian drug cartels
have been heavily studied organized crime
group, and although arrest or disappearance
of their leaders has always brought
authorities hope that the syndicate is over,
they just seem keep reorganizing.
4. Italian – more has been written about Italian
Mafia business than probably any other topic.
5. Jamaican – The Jamaican Posse Underworld
(from Kingston) has developed a reputation
as one of the first “non-traditional” organized
crime groups.
6. Japanese – The Yakuza (origin: 7th century)
have always been at the center of Asian
organized crime action, and are persistent
source of irritation to Japanese authorities
7. Jewish –in Israel, several Jews from the
former Soviet state of Georgia have formed
organized crime groups, there’s been
gangster-style Jewish organized crime in
America ever since the days of Meyer
Lansky.
8. Mexican – alien smuggling, drug trafficking,
and money laundering are big business for
the Mexicans.
9. Mafia (Neustra Cosa) – narcotics control has
always been the number one concern of the
United States of America.
10. Nigerian – the situation in Nigeria mostly
revolves around the drug trade.
Outlaw Motorcycle Gangs – drugs,
prostitution, strip club infiltration, anti-police
tactics, and courtroom disruption techniques
are just some of the major activities of this
group. While many motorcycle enthusiasts
are just rowdies, a disturbing number are
involved in organized crime.
11. Russian – the mobsters who now rule Russia
are engaged in nuclear smuggling,
corruption, loansharking, bootlegging
(gasoline) and protection rackets. The Casey
Institute keeps good track of them. There are
about 5,000 different gangs in Russian, with
an average of 20 members each. About 25 of
these gangs operate abroad, in the U.S. or
Europe, especially in South Brooklyn and
Berlin.
12. Vietnamese – Triad groups and gangs of
Vietnamese origin (e.g. born to kill) are of
growing concern to U.S. authorities,
compared to other gangs. They are
considered by many to be the most ruthless
of the Asian gangs.
THE BUSINESS OF ORGANIZED CRIME
a.Parasitic – members of a criminal organization
extort money from illegal entrepreneur under a
threat of violence.
b.Reciprocal – members of a criminal organization
extort money from illegal entrepreneurs to pay a
fixed or percentage amount but in return provide
services such as debt collection or restricting market
entry.
c.Entrepreneurship – a member of a criminal
organization provides an illegal good or service.
d.Corruption
➢ Corruption is the use of legislated powers by
government officials for illegitimate private
gain.
Types of Corruption
1. Bribery –bribery requires two participants:
one to give the bribe and one to take it.
Bribes maybe demanded in order for an
official to do something he is already paid to
do.
2. Graft –while bribery includes intent to
influence or be influenced by another for
personal gain, which is often difficult to
prove, graft only requires that the official
gains something of value, not part of his
official pay, when doing his work.
46
3. Patronage – refers to favoring supporters, for
example with government employment. This
maybe legitimate, as when a newly elected
government changes the top officials in the
administration in order to effectively
implement its policy. It can be seen as
corruption if this means that incompetent
persons, as a payment for supporting the
regime, are selected before more able ones.
4. Nepotism and Cronyism – favoring relatives
(nepotism) or personal friends (cronyism) is a
form of illegitimate private gain. This may be
combined with bribery, for example
demanding that a business should employ a
relative of an official controlling regulations
affecting the business.
5. Embezzlement – outright theft of entrusted
funds. It is a misappropriation of property.
Another common type of embezzlement is
that of entrusted government resources; for
example, when a director of a public
enterprise employs company workers to
build or renovate his own house.
6. Kickbacks – a kickback is an official share of
misappropriated funds allocated from his or
her organization to an organization involved
in corrupt bidding.
Gambling
➢ Gambling is the wagering of money or
something of material value on an event with
an uncertain outcome with the primary intent
of winning additional money or material
goods.
➢ The term gaming refers to instances in which
the activity has been specifically permitted
by law.
Types of Gambling
1. Casino Games
2. Electronic Gaming
3. Non-Casino Gambling Games
 4. Fixed-Odds Gambling – frequently occur at
many types of sporting events, and political
elections.
5. Pari-mutuel Betting – one of the most wide
spread forms of gambling involves betting on
horse or greyhound racing. Pari-mutuel
wagers pay off at prices determined by
support in the wagering pools, while
bookmakers pay off either at the odds offered
at the time of accepting the bet; or at the
median odds offered by track bookmakers at
the time the race started.
6. Sports Betting - betting on team sports has
become an important service industry in
many countries.
7. Arbitrage Betting – a theoretically risk-free
betting system in which every outcome of an
event is bet upon so that a known profit will
be made by the bettor upon completion of
the event regardless of the outcome.
Arbitrage betting is a combination of the
ancient art of arbitrage trading and
gambling, which has been made possible by
the large number of bookmakers in the
market place, creating occasional
opportunities for arbitrage.
Betting Strategy
Many betting systems have been created in
an attempt to “beat the bookie” but most still accept
that no system can make an unprofitable bet
profitable over time. Widely-used systems include:
1. Card counting – many systems exist for
Blackjack to keep track of the ratio of ten
values to all others; when this ratio is high the
player has an advantage and should increase
the amount of their bets. Keeping track of
cards dealt confers an advantage in other
games as well.
2. Due-column Betting – a variation of fixed
profits betting in which the bettor sets a
target profit and then calculates a bet size that
will make this profit, adding any losses to the
target.
3. Fixed Profits – the stakes vary based on the
odds to ensure the same profit from each
winning section.
4. Fixed Stakes – a traditional system of staking
the same amount of each section.
5. Kelly – the optimum level to bet to maximize
your future median bank level.
6. Martingale – a system based on staking
enough each time to recover losses from
previous bets until one wins.
7. Pot Odds vs. True Odds – in poker, the ratio
of the size of the current pot to the bet a
player is considering is called “pot odds”,
which can be compared to the “true odds” of
a player completing a winning hand from the
cards remaining to be dealt to determine
whether to make the bet.
Bookmaking
➢ Bookmakers “book” bets on two types of
events – horse and sometimes dog races and
sporting events such as football, basketball,
and boxing. The bookmakers usually employ
clerks and handbooks, runners and sheet
writers. The clerks handle the telephone,
record the bets and figure out the daily
finances. The runners receive a portion of the
winnings, usually half and they must also
share in the losses.
Horse- Race Wagering
➢ The oldest of the major bookmaking
activities, illegal horse-race wagering ranks
behind sports wagering. Payoffs at the track
are the basis for bookmaker’s profits except
where bookmaker’s limits are reached. The
bookies cut obtained in the following manner;
before the track makes a payoff under the
pari-mutuel system, it deducts for taxes and
operational expenses.
Sports Wagering
47
➢ It is the king of bookmaking, although the net
profit for the bookmaker is typically less than
5%. The sport bookmaker seeks to act as
bookmaker not a gambler. To achieve
equality between teams one which the
bookmaker hopes will attract like sums of
money on each contestant.
Organized Crime and Bookmaking
In an earlier period, bookmaking was an
important source of income for organized crime.
Organized crime units ran the operation directly of
licensed syndicate bookmakers. However, most
illegal wagering today involves, sports, rather than
horse racing and bets are made by telephone. Payoff
is made the day after the event, so the prompt results
provided by the wire service are no longer relevant.
Bookmakers frequently find their bets sufficiently
unbalanced to require that they be played off
bookmaking involve many transactions and
generates great deals of paper works.
The wagers are recorded when received, and
clerks have to review their receipts to determine
winners and losers.
Lotteries/Numbers
➢ The lottery was used to help finance the
revolutionary war. Bets are typically small but
when policy operation is controlled by a
syndicate the total profits can be quite large.
Loansharking (Shylocking)
➢ The lending of money to another person
where the percentage of the principle is
exorbitant making it difficult for the lender to
pay his debt and collection is done by force
or intimidation.
➢ A loan shark is a person or body that offers
unsecured loans at high interest rates to
individuals, often backed by blackmail or
threats of violence.
Types of Loansharking
1. Payday loan- licensed payday advance
businesses, which lend money at high rates of
 interest on the security of a postdated check,
are often described as loan sharks by their
critics. Monetary loan provided to borrowers
that must be paid in full when the borrowers
receive their next pay check.
2. Yamikinyu in Japan- the regulation of
money lenders is typically much looser than
that of banks. In Japan, the moneylending
control law requires only registration in each
prefecture.
3. Ah Long in Malaysia and Singapore-Ah
Long- derived from the Cantonese phrase
(Jyutping: daai6 ji5 lung1) is a term for illegal
loan sharks in Malaysia and Singapore. They
lend money to people who are unable to
obtain loans from banks or other legal
sources, mostly targeting habitual gamblers.
They charge a very high interest rate about
40% per month.
Consequences of Non-payment
1. Red paint- when a person fails to pay in time,
the Ah Long will spray, splash or write red
paint on the walls of the house or property of
that person as a threat of violence and to
shame the borrower into repaying the loan.
According to local police authorities, there
have been cases where borrowers were
beaten or had their property damaged or
destroyed, and some victims have committed
suicide.
2. Pig head- pig heads are sometimes hung
outside the borrower’s house, as a form of
intimidation as well as way of marking the
person as a loan defaulter.
3. O $ P $- these characters are sometimes
painted outside the borrower’s property, to
mark him as a defaulter. They mean “owe
money pay money”, a basic translation into
English of Chinese expression.
4. Stolen Items- nowadays, instead of waiting
for the victim to pay up, Ah Longs now tend to
break into victim’s houses and steal items
worth the loan. This method is commonly
used to save time and also effort.
5. Identity banner display- recent cases shows
that Ah Longs also displays the borrower’s
identity card on a huge banner and post it on
fences. Since Ah Longs need only an identity
card from borrowers, this tactic is becoming
common because the borrower will feel
humiliated due to public attention and will
quickly pay up.
Pornography or Porn
➢ The representation in books, magazines,
photographs, films, and other media of
scenes of sexual behavior that are erotic or
lewd and are designed to arouse sexual
interest.
➢ The depiction of explicit sexual subject
matter for sexually exciting the viewer.
➢ Pornography may use any of a variety of
media, ranging from printed literature,
photos, sculpture, drawing, painting,
animation, sound recording, film, video, or
video game.
➢ However, when sexual acts are performed for
a live audience, by definition is not
pornography, as the term applies to the
depiction of the act, rather than the act itself.
Thus, portrayals such as sex shows and strip
tease are not classified as pornography.
Etymology
➢ mid 19th century: from Greek pornographos
‘writing about prostitutes,’ from pornē
‘prostitute’ + graphein ‘write.’
Subgenres
➢ pornography takes different forms
depending on physical characteristics of the
participants, fetish, sexual orientation, etc.
Reality and voyeur pornography, animated
videos, and legally prohibited acts also
influence the classification of pornography.
Some popular genres of pornography
include:
48
• alt porn
• amateur pornography
• fetish pornography
• oriented based pornography
(gay pornography; lesbian
pornography; bisexual
pornography)
• orgy pornography
• race-oriented pornography
(Asian, black, interracial)
• reality pornography
• voyeur pornography (hidden
camera, upskirt pornography)
Prostitution
➢ the act or practice of engaging in sex acts for
hire.
➢ “to prostitute” is derived from a composition
of two latin words: (preposition) pro and
(verb) statuere. A literal translation therefore
would be: “to expose”, “to place up front”.
➢ Prostitution is sometimes referred to as the
“world’s oldest profession”.
➢ Those offering services to female customers
are commonly known as “gigolos” those
offering services to male customers are
hustlers or rent boys.
➢ Organizers of prostitution are typically known
as pimps (if male) and madams (if female).
➢ The term john may have originated from the
customer practice of giving their names as
“John”, a common name in English speaking
countries, in an effort to maintain anonymity.
In some places, men who drive around red-
light districts for the purpose of soliciting
prostitutes are also known as kerb crawlers.
Types of Prostitution
Brothels are establishments specifically
dedicated to prostitution, often confined to special
red light districts in big cities. Other names for
brothels include bordello, whorehouse, cathouse,
knocking shop and general houses. Prostitution also
occurs in some massage parlors, and in Asian
countries in some barber shops where sexual
services may be offered as a secondary function of
the premises.
1. Escort Prostitution- the act takes place at the
customer’s place or residence or more
commonly at his or her hotel room (referred
to as out-call), or at the escort’s place of
residence or in a hotel room rented for the
occasion by the escort (called in-call). This
form of prostitution often shelters under the
umbrella of escort agencies, who ostensibly
supply attractive escorts for social occasions.
2. Lot Lizard- is a commonly- encountered
special case of street prostitution. Lot lizards
mainly serve those in the trucking industry at
truck stops and stopping centers.
3. Street Prostitution- in street prostitution the
prostitute solicits customers while waiting at
street corners or walking the street. The
prostitute solicits customers while waiting at
street corners, sometimes called “the track”
by pimps and prostitutes alike. They usually
dress in skimpy, provocative clothing,
regardless of the weather. Street prostitutes
are often called “streetwalkers” while their
customers are referred to as “tricks” or
“johns”. Sociologists refer to those who trade
sex for drugs as “skeezers”, and with
economists have established a direct
correlation between the price of street
prostitution and the price of cocaine.
4. Escort/Out-call- advertising the services of
call girls placing them in phoneboxes is
illegal, but they are very common. Escort
agencies typically advertise in regional
publications and even telephone listings like
the Yellow Pages. Many maintain websites
Human Smuggling
➢ Human smuggling is the facilitation,
transportation, attempted transportation or
with photo galleries of the employees. An
interested client contacts an agency by
telephone and offers a description of what
kind of escort they are looking for.
5. Sex Tourism- is travelling for sexual
intercourse with prostitutes or to engage in
other sexual activity. The World Tourism
Organization, a specialized agency of the
United Nations, defines sex tourism as "trips
organized from within the tourism sector, or
from outside this sector but using its
structures and networks, with the primary
purpose of effecting a commercial sexual
relationship by the tourist with residents at
the destination".
6. Club, pub, bar, karaoke bar, dance hall:
Clients solicited in alcohol vending venues
and serviced on site or elsewhere
Human Trafficking
➢ Trafficking in persons is a serious crime and a
grave violation of human rights. Every year,
thousands of men, women and children fall
into the hands of traffickers, in their own
countries and abroad. Almost every country
in the world is affected by trafficking,
whether as a country of origin, transit or
destination for victims.
➢ UNODC, as guardian of the United Nations
Convention against Transnational Organized
Crime (UNTOC) and the Protocols thereto,
assists States in their efforts to implement the
Protocol to Prevent, Suppress and Punish
Trafficking in Persons.
➢ Article 3, paragraph (a) of the Protocol to
Prevent, Suppress and Punish Trafficking
in Persons defines Trafficking in Persons
illegal entry of a person(s) across an
international border, in violation of one or
more countries laws, either clandestinely or
49
as the recruitment, transportation, transfer,
harbouring or receipt of persons, by means
of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception,
of the abuse of power or of a position of
vulnerability or of the giving or receiving of
payments or benefits to achieve the consent
of a person having control over another
person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or
other forms of sexual exploitation, forced
labour or services, slavery or practices
similar to slavery, servitude or the removal of
organs.
Elements Of Human Trafficking: Act Means
Purpose On the basis of the definition given in the
Trafficking in Persons Protocol, it is evident that
trafficking in persons has three constituent elements;
The Act (What is done) Recruitment, transportation,
transfer, harbouring or receipt of persons
The Means (How it is done) Threat or use of force,
coercion, abduction, fraud, deception, abuse of
power or vulnerability, or giving payments or
benefits to a person in control of the victim
The Purpose (Why it is done)
➢ For the purpose of exploitation, which
includes exploiting the prostitution of others,
sexual exploitation, forced labour, slavery or
similar practices and the removal of organs.
➢ To ascertain whether a particular
circumstance constitutes trafficking in
persons, consider the definition of trafficking
in the Trafficking in Persons Protocol and the
constituent elements of the offense, as
defined by relevant domestic legislation.
through deception, such as the use of
fraudulent documents.
 6. Corruption in government coordinated Sino-Burmese military
DIFFERENCES BETWEEN HUMAN TRAFFICKING 7. Political instability operations in 1960–1961 that forced the
AND SMUGGLING 8. Armed conflict complete evacuation of the KMT troops and
TRAFFICKING SMUGGLING 9. Mass resettlement for large projects without drove the remaining troops out of Burma into
Must Contain an Element The person being proper resettlement and rehabilitation neighboring Laos and Thailand.
of Force, Fraud, or smuggled is generally packages Thailand
Coercion (actual, cooperating. 10. Profitability ➢ Opium in the form of morphine base or of
perceived or implied), 11. Insufficient penalties against traffickers almost pure heroin is usually brokered in
unless under 18 years of 12. Minimal law enforcement on global sex Thailand.
age involved in tourism industry ➢ In addition to its role in drug trafficking,
commercial sex acts. 13. Legal processes that prosecute victims for Thailand, has a reputation of being the
Forced Labor and/or There is no actual or prosecution instead of the traffickers “world’s biggest whorehouse”. Thai drug
Exploitation. implied coercion. 14. Poor international border defense trafficking are ethnic Chinese organization
Persons trafficked are Persons smuggled are The Drug Business such as the Triads. They denominate a major
victims. complicit in the smuggling Drug- any substance that, when absorbed into the part of World heroin market.
crime; they are not body of living organism, alters normal bodily Golden Crescent
necessarily victims of the function. ➢ The Golden Crescent is a mountainous area
crime of smuggling The Golden Triangle of Iran, Afghanistan and Pakistan where
(though they may become ➢ refers to the border regions between opium has been grown for hundreds of years.
victims depending on the Thailand, Burma (Myanmar) and Laos and ➢ Poppy cultivation
circumstances in which when gold was used by Chinese traders to ➢ Afghan opium is processed into heroin in
they were smuggled) pay for opium grown there. local laboratories or shipped-generally
Enslaved, subjected to Persons are free to leave, ➢ World’s second largest producer of Opium aboard donkeys, but sometimes aboard jeeps
limited movement or change jobs, etc. and accounts for about 99% of the total heroin bought with US funds to processing plants in
isolation, or had production . Pakistan. Pakistan has been a producer of
documents confiscated. Kuomintang (KMT) opium for export since the time of Muslim
Need not involve the Facilitates the illegal entry ➢ were Chinese Nationalist troops that fled to rule and later British Empire.
actual movement of the of person(s) from one the Burmese border region in 1950 after their
victim. country into another. defeat to the Communists in the Chinese Civil
No requirement to cross Smuggling always crosses War. Mexico
an international border. an international border. ➢ The entire campaign, with logistical support ➢ The source of black tar and brown heroin,
Person must be involved Person must only be in from the United States, Taiwan, and Thailand, less refined but more potent.
in labor/services or country or attempting was controversial from the start. It not only ➢ Mexico became the major source of US
commercial sex acts, i.e., entry illegally. violated Burmese sovereignty and heroin.
must be "working". destabilized the political situation in the Colombia
fledgling Burmese nation but also saw the ➢ A major poppy growers and they became
Cause of Trafficking Kuomintang's (KMT) involvement in the major heroin wholesalers coca is a lowland
1. Lack of employment opportunities region's lucrative opium trade. crop, but poppy thrives in the Andres.
2. Organized Crime ➢ In 1953, the frustrated Burmese government
3. Regional imbalances appealed to the United Nations and put Labor Racketeering
4. Economic disparities international pressure on Taiwan to withdraw Labor racketeering is labor corruption committed by,
5. Social discrimination its troops the following year. It was not until in alliance with, or under the auspices of organized
50
crime groups. The types of crimes include extortion
of employers by threatening unlawful strikes, work
stoppages, picketing, and workplace sabotage; and
soliciting and receiving bribes from employers in
exchange for allowing the employer to ignore the
terms of the collective bargaining agreement.
Racketeering is when organized groups run illegal
businesses, known as “rackets,” or when an
organized crime ring uses legitimate organizations to
embezzle funds. Such activities can have devastating
consequences for both public and private institutions.
Business Racketeering
The act of operating an illegal business or scheme in
order to make a profit, perpetrated by a structured
group.
➢ Take the form of providing illegal services,
such as prostitution or drug trafficking.
➢ Business racketeering also takes place
among legitimate businesses or labor unions,
where it is sometimes referred to as white
collar crime.
➢ Examples include extortion and money
laundering.
Money Laundering
➢ The practice of disguising illegally obtained
funds so that they seem legal. It is a crime in
many jurisdictions with varying definitions. It
a key operation of the underground
economy. A crime whereby the proceeds of
specified unlawful activities are transacted,
making them appears to have originated from
legitimate sources (Section 4, AMLA, as
amended).
➢ (US) the practice of engaging in financial
transactions to conceal the identity, source,
or destination of illegally gained money.
➢ (UK) taking any action with property of any
form which is either wholly or in part the
REPUBLIC ACT NO. 9160 This Act shall be known
as the "Anti-Money Laundering Act of 2001."
proceeds of a crime that will disguise the fact
that property is the proceeds of a crime or
obscure the beneficial ownership of said
property.
Steps/Process of Committing Money Laundering
1.Placement
is physical disposal of the money by moving funds
from direct association with crime and putting them
into the financial system.Robinson (1966) refers to
this part of the laundry cycle as immersion.
2.Layering
After placement comes the layering stage
(sometimes referred to as structuring). The layering
stage is the most complex and often entails the
international movement of the funds. The primary
purpose of this stage is to separate the illicit money
from its source. This is done by the sophisticated
layering of financial transactions that obscure the
audit trail and sever the link with the original crime.
3.Integration
The final stage of the money laundering process is
termed the integration stage. It is at the integration
stage where the money is returned to the criminal
from what seem to be legitimate sources. Having
been placed initially as cash and layered through a
number of financial transactions, the criminal
proceeds are now fully integrated into the financial
system and can be used for any purpose.
What are considered unlawful activities under the There are 14 unlawful activities or predicate
AMLA, as amended? crimes covered by the AMLA. These are, in the
order enumerated in the law:
51
 1. Kidnapping for ransom
2. Drug offenses
3. Graft and corrupt practices
4. Plunder
5. Robbery and extortion
6. Jueteng and masiao
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10. Smuggling
11. Electronic Commerce crimes
12. Hijacking, destructive arson and murder,
including those perpetrated against non-
combatant persons (terrorist acts)
13. Securities fraud
14. Felonies or offenses of a similar nature
punishable under penal laws of other
countries
What are the salient features of the law?
1. It criminalizes money laundering, meaning it
makes money laundering a crime, and
provides penalties for its commission,
including hefty fines and imprisonment.
2. It states clearly the determination of the
government to prevent the Philippines from
becoming a haven for money laundering,
while ensuring to preserve the integrity and
confidentiality of good bank accounts.
3. It creates an Anti-Money Laundering Council
(AMLC) that is tasked to oversee the
implementation of the law and to act as a
financial intelligence unit to receive and
analyze covered and suspicious transaction
reports.
4. It establishes the rules and the administration
process for the prevent detection and
prosecution of money laundering activities.
5. It relaxes the bank deposit secrecy laws
authorizing the AMLC and the Bangko Sentral
ng Pilipinas access to deposit and investment
accounts in specific circumstances.
6. It requires covered institutions to report
covered and suspicious transactions and to
cooperate with the government in
prosecuting offenders. It also requires them
to know their customers and to safely keep all
records of their transactions.
7. It carries provisions to protect innocent
parties by providing penalties for causing the
disclosure to the public of confidential
information contained in the covered and
suspicious transactions.
8. It establishes procedures for international
cooperation and assistance in the
apprehension and prosecution of money
laundering suspects.
What is the Anti-Money Laundering Council
(AMLC)? What are its powers?
The AMLC is the Philippines’ financial
intelligence unit, which is tasked to implement the
AMLA. It is composed of the Governor of the Bangko
Sentral ng Pilipinas (BSP) as Chairman & the
Commissioner of the Insurance Commission (IC) and
the Chairman of the Securities and Exchange
Commission (SEC) as members. The AMLC is
authorized to:
1. Require and receive covered or suspicious
transaction reports from covered institutions.
2. Issue orders to determine the true identity of
the owner of any monetary instrument or
property that is the subject of a covered or
suspicious transaction report, and to request
the assistance of a foreign country if the
Council believes it is necessary.
3. Institute civil forfeiture and all other remedial
proceedings through the Office of the
Solicitor General.
4. Cause the filing of complaints with the
Department of Justice or the Ombudsman for
the prosecution of money laundering
offenses.
52
5. Investigate suspicious transactions, covered
transactions deemed suspicious, money
laundering activities and other violations of
the AMLA.
6. Secure the order of the Court of Appeals to
freeze any monetary instrument or property
alleged to be the proceeds of unlawful
activity.
7. Implement such measures as may be
necessary and justified to counteract money
laundering.
8. Receive and take action on any request from
foreign countries for assistance in their own
anti-money laundering operations.
9. Develop educational programs to make the
public aware of the pernicious effects of
money laundering and how they can
participate in bringing the offenders to the
fold of the law.
10. Enlist the assistance of any branch of
government for the prevention, detection and
investigation of money laundering offenses
and the prosecution of offenders. In this
connection, the AMLC can require
intelligence agencies of the government to
divulge any information that will facilitate the
work of the Council in going after money
launderers.
11. Impose administrative sanctions on those who
violate the law, and the rules, regulations,
orders and resolutions issued in connection
with the enforcement of the law.
CYBER CRIMES AND COPY RIGHT ISSUES
All crimes performed or resorted to be abuse of
electronic media with the purpose of influencing the
functioning of computer or computer system. Cyber
crime is a term used broadly to describe criminal
activity in which computers or networks are a tool, a
target, or incidental to the commission of a crime.
 • Any offense that can be committed by means
of a computer, computer system, computer or
communications network or networks
• Any offense, which has its target, a computer,
computer system, computer or
communications network or networks
• The use of a computer, computer system,
computer or communications network or
networks as a means of hiding/storing
possible evidence
• Cyber crime includes traditional crimes in
which computers or networks are used to
commit a crime
ELEMENTS:
• Computer is a target
• Computer is a tool of crime
• Computer is incidental to a crime
REASONS FOR CYBER CRIME
The reasons for the vulnerability of computers
may be said to be:
1. Capacity to store data in comparatively
small space – the computer has unique
characteristic of storing data in a very small
space. This affords to remove or derive
information either through physical or virtual
medium makes it much easier.
2. Easy to access- the problem encountered in
guarding a computer system from
unauthorized access is that there is every
possibility of breach not due to human error
but due to the complex technology. By
secretly implanted logic bomb, key loggers
that can steal access codes, advanced voice
recorders; retina imagers etc. that can fool
biometric systems and bypass firewalls can
be utilized to get past many security
systems.
3. Complex- the computers work on operating
systems and these operating systems in turn
are composed of millions of codes. Human
mind is fallible and that is not possible that
there might not be a lapse at any stage. The
cyber criminals take advantage of these
lacunas and penetrate into the computer
system.
4. Negligence- is a very closely connected
with human conduct. It is therefore probable
that while protecting the computer system
there might be any negligence, which in turn
provides a cyber-criminal to gain access and
control over the computer system.
5. Loss of evidence- is a very common and
obvious problem as all the data are routinely
destroyed. Further collection of data outside
the territorial extent also paralyses this
system of crime investigation.
A Typology of Hackers
1.Pioneers- those who are fascinated by evolving
technology and explore it without knowing the
exactly what they are going to find.
2.Scamps- hackers with the sense of fun who intend
no overt harm.
3.Explorers- hackers motivated by a delight in
breaking into computer systems. The more
geographically distant, or more secure that target is,
the greater the delight.
4.Game players- those who enjoy defeating software
or system protection, with hacking seen as a sort of
game itself.
5.Vandals- those who cause damage for no apparent
gain.
6.Addicts- nerds who are literally addicted to
hacking and computer technology
Secondary Typology (Coutourie 1989), describes
the relationship of a hacker to their computer:
1. Playpen- in which the computer is seen as a
toy.
2. Fairyland- where cyber space is an unreal
world where wrong cannot be done.
3. Land of opportunity- where there is nothing
wrong with exploiting a vulnerable system.
4. Toolbox- in which the computer is just a way
to get other things done.
53
5. Cookie jar- with the computer as a place to
go borrow things now and again.
6. War game- where hostile feelings are vented
against machines rather than people.
Mode and Manner of Committing Cyber Crimes
1. Unauthorized access to computer systems
or networks/ Hacking- Unauthorized access
to data through the compromising of
computer security is known also as hacking.
Ideally any organization should have some
kind of incident response plan to deal with
hacking incidents but resent research shows
that that they do not. More over the threat of
hacking by insiders to organizations is far
more serious than outsiders, and the potential
for damage to organizations today from this
threat is even higher today than it ever was in
the past.
2. Theft of information contained in
electronic form-this includes information
stored in computer hard disks, removable
storage media etc. theft maybe either by
appropriating the data physically or by
tampering them through the virtual medium.
3. Email bombing- this kind of activity refers to
sending large numbers of mail to the victim,
which maybe an individual or a company or
even mail servers there by ultimately
resulting into crashing.
4. Data Diddling- this kind of an attack involves
altering raw data just before a computer
processes it and then changing it back after
the processing is completed. The electricity
board faced similar problem of data diddling
while the department was being
computerized.
5. Salami Attacks- this kind of crime is
normally prevalent in the financial
institutions or for the purpose of committing
financial crimes. An important feature of this
type of offense is that the alteration is so small
that it would normally go unnoticed. For
 example, the Ziegler case wherein a logic
bomb was introduced in the bank’s system,
which deducted ten cents from every account
and deposited it in a particular account.
6. Denial of Service Attack- the computer of
victim is flooded with more requests than it
can handle which cause it to crash.
Distributed Denial of Service (DDOS) attack is
also a type of service attack, in which the
offenders are wide in number and
widespread for example Amazon, Yahoo.
7. Virus or worm attacks- viruses are
programs that attached themselves to a
computer or a file and then circulate
themselves to other files and to other
computers on a network. They usually affect
the data on a computer, either by altering or
deleting it. Worms, unlike viruses do not
need the host to attach themselves to. They
merely make functional copies of themselves
and do this repeatedly till they eat up all the
available space on a computer’s memory. Eg.
Love bug virus, which affected atleast 5% of
the computers of the globe. The losses were
accounted to be $10 million. The world’s most
famous worm was the internet worm let loose
on the internet by Robert Morris sometime in
1988. Almost brought development of
internet to a complete halt.
8. Logic Bombs- these are event dependent
programs. These implies that this programs
are created to do something only when a
certain event (known as trigger event)
occurs. Eg. Even some viruses maybe termed
logic bombs because they lie dormant all
through the year and become active only on a
particular date (like the Chernoby virus).
9. Trojan Attacks- this term has its origin in the
word “Trojan horse”. In software field this
mean an authorized program which possibly
gains control over another’s system by
representing itself as an authorized program.
The most common form of installing a Trojan
is through email. For example: a Trojan was
installed in the computer of a lady film
director in the US while chatting. The Cyber
criminal through the web cam installed in the
computer obtained her nude photographs.
He further harassed this lady.
10. Internet Time Thefts- normally in these
kinds of thefts the internet surfing hours of the
victim are used up by another person. This is
done by gaining access to the log in ID and
the password. For example Colonel BAjwas
case the internet hours were used up by any
other person. This was perhaps one of the
reported cases related to cyber crime in
India. However, this case made the police
infamous as to their lack of understanding of
the nature of cyber crime.
Web jacking- this term is derived from the term hi
jacking. In these kinds of offenses the hacker gains
access and control over thw web site of another. He
may even mutilate or change the information on the
site. This may be done for fulfilling political
objectives or for money. For example, recently the
site of MIT (Ministry of Information Technology) was
hacked by the Pakistani hackers and some obscene
mateer was placed therein. Further the site of
Bombay crime branch was also web jacked. Another
case of web jacking is that of the ‘gold fish’ case. In
this case the site was hacked and the information
pertaining to gold fish was changed. Further a
ransom of US $ 1 million was demanded as ransom.
Thus web jacking is a process whereby control over
the site of another is made backed bu some
consideration fo it.
Other types of Cyber Crime
1. Hacking / cracking –the illegal intrusion
into a computer system without the
permission of the computer owner/user. The
latest cracking concern are about un
authorized access to Government Website’s
called “WEB DEFACEMENT”
54
2. Software Piracy – theft of software through
the illegal copying of genuine programs
(counterfeiting) and distribution of products
intended to pass for the original. Retail
revenue losses worldwide are ever
increasing due to this crime can be done in
various ways-
➢ end user copying, Hard disk loading,
Counterfeiting, Illegal downloads from
the internet etc.
3. Online Gambling – playing games of chance
or betting in the hope of winning money
through the internet
4. Pornography – is the first consistently
successful e-commerce product
5. Internet Relay Chat – Internet Relay Chat
(IRC) servers have chat rooms in which
people from anywhere in the world can come
together and chat with each other. Criminals
use it for meeting conspirators. Hackers use it
for discussing their exploits/sharing the
techniques. Pedophiles use chat rooms to
allure small children. RA #8484 (Access
Device Act)
6. E-Mail threat/Extortion – the criminal sends
threatening email or comes in contacting chat
rooms with victim. Copying the company’s
confidential data/trade secret in order too
extort huge amount of money to the company.
7. Phising – a new form of identity theft which
occurs when scammers send mass e-mail
posing as banks, credit card companies, or
popular commercial web – sites, asking
recipients to confirm or update personal and
financial information in a hyperlink to a look
like coming from the original web site
8. Cyber Stalking/harassment- the criminal
follows the victim by sending emails entering
the chat rooms frequently. A form of
electronic harassment, often express or
implied Physical threats that create fear in the
victim. Any intentional, substantial and
 unreasonable intrusion into the private life of
a person that causes the person to suffer
mental distress.
9. Cyber Defamation – the making of a false
statement of fact that injuries someone’s
reputation. The public nature of newsgroups,
bulletin boards and even e-mail presents the
opportunity to publish defamatory
statements.
Credit Fraud
Credit fraud is a wide-ranging term for theft
and fraud committed using a credit card or any
similar payment mechanism as a fraudulent source of
funds in a transaction. The purpose may be to obtain
goods without paying, or to obtain unauthorized
funds from an account. Credit card fraud is also an
adjunct to identity theft.
Methods of Fraud
The methods and types of fraud are
increasing as criminals learn new techniques and get
improved technology. The most common methods of
fraud today include:
1. Copying and cloning of cards
2. ATM fraud
3. Internet Card Fraud
4. Pin Number stealing
What is the “Access Devices Regulation Act of
1998”?
It is RA 8484, which is an act regulating the
issuance and use of access devices and prohibiting
the fraudulent acts committed relative thereto, among
others. By enacting this legislation, the State
recognizes the recent advances in technology and
the widespread use of access devices in commercial
transactions.
What is an “Access Device”?
It is any card, plate, code, account number,
electronic serial number, personal identification
number, or other telecommunication service,
equipment, or instrumental identifier, or other means
of account access that can be used to obtain money,
goods, services, or any other thing of value or to
initiate a transfer of funds (other than a transfer
originated solely by paper instrument). It includes a
credit card.
What is a “Credit Card”?
It is any card, plate, coupon book, or other
credit device existing for the purpose of obtaining
money, goods, property, labor or services or
anything of value on credit.
COPYRIGHT ISSUES
Intellectual Property Code of the Philippines- RA
8293
Codified the law related to trademarks, patents
and copyrights
On December 14 1994, the Philippines
ratified the WTO Agreement which included an
agreement on the Trade Related Aspects of
Intellectual Property Rights (TRIPS). The agreement
fixed minimum standards for intellectual property
rights which each signatory nation must incorporate
into a national law. With the enactment of RA 8293
which took effect on January 1, 1998, the Philippines
complied with its commitment under the TRIPS
regarding the protection of patents, industrial design,
trademarks and copyrights.
PATENT
*Is a statutory grant, by government, which confers to
an inventor or his legal successor, in return for the
disclosure of the invention to the public, the right for
a limited period of time to exclude others from
making, using, selling or importing the inventions
within the territory of the country that grants the
patent.
PATENT COPYRIGHT
When a person, by A copyright may be
independent vested in a work
research, arrives at closely similar or
a product already even identical to an
patented, he cannot earlier patented
exploit the work provided that
55
invention already the former work is
patented because original (owes its
of the patent existence to the
granted to the original author).
earlier discoverer.
COPYRIGHT
➢ Is that system of legal protection an
author enjoys in the form of expression
of ideas.
Rights enjoyed exclusively by the holder of
Copyright
Rights to reproduce, distribute, display,
perform, and to prepare derivative works based
upon the copyrighted work:
1. No formality is required by the author to
acquire rights over the copyright. Such rights
are conferred from the moment of creation.
Works are protected by the sole fact of their
creation, irrespective of their mode or form of
expression, as well as their content, quality
and purpose. (Sec. 172.1)
2. Registration and deposit with the national
library and the supreme court library of two
copies of the work of the author is for the
purpose of completing the records of these
libraries. Failure to deposit after formal
demand subjects author to a fine (Sec. 191)
A copyrightable work is created when two
elements are met:
1. ORIGINALITY- does not mean novelty or
ingenuinity, neither uniqueness nor
creativity, it simply means that the work
“owes its origin to the author”. In other
words, the work is an independent creation of
the author.
2. EXPRESSION- there must be a fixation. To
be “fixed”, the work must be invalid in a
medium sufficiently permanent or stable to
permit it to be perceived, reproduced or
communicated for a period more than a
transitory duration. For copyright purposes,
 there is no work unless there is something
tangible.
What is the duration of a copyright? (Sec. 213)
1. Literary Artistic Works and Derivative Works
of a Single Creator- lifetime of the creator and
for 50 years after his death.
2. Joint Creation- lifetime of last surviving joint-
creator and for 50 years after his death.
3. Anonymous or Pseudonymous Work- 50
years after the date of its first publication.
Except, where the author’s identity is
revealed or no longer in doubt before the
expiration of said period, the rules on single
creator/joint creation shall apply.
4. Work of applied art- 25 years from date of
making.
5. Photographic and Audiovisual works- 50
years from publication of the work and if
unpublished, 50 years from the making.
6. Newspaper article- lifetime of the author and
50 years thereafter. Note however, that while
“news of today” and other facts having the
character of press information no longer find
protection under the law, a column or
published comment enjoys copyright
protection. The term of protection is
computed for the first day of January of the
year following the death or last publication.
(Sec. 14)
Who is the OWNER of copyright?
• SINGLE CREATOR – copyright belongs to the
author of the work
• JOINT CREATION – copyright belongs to the
authors jointly as co-owners. But if the work
consists of identifiable parts, the author of each
part owns the part he created
• EMPLOYEE’S CREATION –copyright belongs
to the employee if the creation is not part of his
regular duties even if he uses the time, facilities
and materials of employer; otherwise, it shall
belong to the employer
• COMMISSIONED WORK – work belongs to the
person commissioning but the copyright remains
with the creator unless there is a written
agreement to the contrary
• CINEMATOGRAPHY WORK – producer has a
copyright for purposes of exhibition; for all other
purposes, the producer, author of the scenario,
the composer , and the film director are all
creators
• ANONYMOUS AND PSEUDONYMOUS WORKS
- publishers shall be deemed representatives of
the author unless the:
1. Contrary appears
2. Pseudonym or adopted name leaves no doubt
as the author’s identity
3. Author discloses his identity
Collective works
➢ The contributor is deemed to have
waived his rights unless expressly
reserves it. (Sec. 196)
A Collective Work is created by two or more
persons at the initiative an under the direction of
another with the understanding that it will be
disclosed by the latter under his own name and that
contributions of natural persons will not be identified.
(Sec. 171. 2)
COMPARATIVE PERSPECTIVES IN ORGANIZED
CRIME
The Italian Mafia/ La Cosa Nostra
➢ The Mafia, a network of organized-crime
groups based in Italy and America, evolved
over centuries in Sicily, an island ruled until
the mid-19th century by a long line of foreign
invaders.
➢ Sicilians banded together in groups to protect
themselves and carry out their own justice.
➢ In Sicily, the term “mafioso,” or Mafia
member, initially had no criminal
connotations and was used to refer to a
56
person who was suspicious of central
authority.
➢ By the 19th century, some of these groups
emerged as private armies, or “mafie,” who
extorted protection money from landowners
and eventually became the violent criminal
organization known today as the Sicilian
Mafia.
➢ The American Mafia, which rose to power in
the 1920s, is a separate entity from the Mafia
in Italy, although they share such traditions as
omerta, a code of conduct and loyalty.
THE MAFIA’S SICILIAN ROOTS
➢ For centuries, Sicily, an island in the
Mediterranean Sea between North Africa and
the Italian mainland, was ruled by a long line
of foreign invaders, including the
Phoenicians, Romans, Arabs, French and
Spanish. The residents of this island, which
measures almost 10,000 square feet, formed
groups to protect themselves from the often-
hostile occupying forces, as well as from
other regional groups of Sicilians. These
groups, which later became known as clans
or families, developed their own system for
justice and retribution, carrying out their
actions in secret.
➢ By the 19th century, small private armies
known as “mafie” took advantage of the
frequently violent, chaotic conditions in Sicily
and extorted protection money from
landowners. From this history, the Sicilian
Mafia emerged as a collection of criminal
clans or families.
➢ The Sicilian Mafia is one of four major
criminal networks currently based in Italy;
the other three are the Camorra of Naples,
the Ndrangheta of Calabria and the Sacra
Corona Unita of Puglia.
Although its precise origins are unknown, the term
Mafia came from a Sicilian-Arabic slang expression
that means “acting as a protector against the arrogance
of the powerful,” according to Selwyn Raab, author of
“Five Families: The Rise, Decline, and Resurgence of
America’s Most Powerful Mafia Empires. Raab notes
that until the 19th century, the word “mafioso” did
not refer to someone who was a criminal, but rather a
person who was suspicious of central authority. In the
1860s, a play called “I Mafiusi della Vicaria”
(“Heroes of the Penitentiary”), about a group of
inmates at a Sicilian prison who maintained their own
hierarchy and rituals, toured Italy and helped
popularize the term Mafia in the Italian language.
Etymology
The word "mafia" originated in Sicily, though
its origins are uncertain. The Sicilian adjective
mafiusu (in Italian: mafioso) roughly translates to
mean "swagger," but can also be translated as
"boldness, bravado". In reference to a man, mafiusu
in 19th century Sicily was ambiguous, signifying a
bully, arrogant but also fearless, enterprising and
proud, according to scholar Diego Gambetta. In
reference to a woman, however, the feminine-form
adjective "mafiusa" means beautiful and attractive.
The Sicilian word mafie refers to the caves near
Trapani and Marsala, which were often used as
hiding places for refugees and criminals.
Sicily was once an Islamic emirate, therefore
"mafia" might have Arabic roots. Possible Arabic
roots of the word include:
mahyas = aggressive boasting, bragging
marfud = rejected
mu'afa = safety, protection
Ma àfir = the name of an Arab tribe that ruled
Palermo.
According to popular myth, the word Mafia
was first used in the Sicilian rebellion - the Sicilian
Vespers - against the oppressive Anjou rule on March
30, 1282. Mafia is the acronym for "Morta Alla
Francia, Italia Anela" (Italian for "Death to France.
This is Italy's cry"). However, this version is
discarded by most serious historians nowadays.
The real name: Cosa Nostra
According to some mafiosi, the real name of
the Mafia is "Cosa Nostra" ("Our thing"). Many have
claimed, as did the Mafia turncoat Tommaso Buscetta,
that the word "mafia" was a literary creation. Other
Mafia defectors, such as Antonio Calderone and
Salvatore Contorno, said the same thing. According
to them, the real thing was "cosa nostra". To men of
honor belonging to the organization, there is no need
to name it. Mafiosi introduce known members to
other known members as belonging to "cosa nostra"
(our thing) or la stessa cosa (the same thing),
meaning "he is the same thing, a mafioso, as you".
Only the outside world needs a name to describe it,
hence the capitalized form "Cosa Nostra".
Rituals of Sicilian Cosa Nostra
The orientation ritual in most families
happens when a man becomes an associate, and
then, a soldier. As described by Tommaso Buscetta to
judge Giovanni Falcone, the neophyte is brought
together with at least three "men of honor" of the
family and the oldest member present warns him that
"this House" is meant to protect the weak against the
abuse of the powerful; he then pricks the finger of the
initiate and spills his blood onto a sacred image,
usually of a saint. The image is placed in the hand of
the initiate and lit on fire. The neophyte must
withstand the pain of the burning, passing the image
from hand to hand, until the image has been
consumed, while swearing to keep faith with the
principles of "Cosa Nostra," solemnly swearing "may
my flesh burn like this saint if I fail to keep my oath."
Joseph Valachi was the first person to mention that in
court.
The Sicilians also have a law of silence,
called omertà; it forbids the common man, woman or
child to cooperate at all with the police or the
government, upon pain of death.
Structure of the Sicilian Cosa Nostra
57
Known as the Honored Society among
Mafiosi, the chain of command is organized in a
pyramid similar to a modern corporate structure.
Traditional terminology
1. Capo di Tutti Capi (the "Boss of All Bosses",
namely Matteo Messina Denaro for the
Sicilian Mafia and Renato Gagliano for the
Sacra Corona Unita)
2. Capo di Capi Re (a title of respect given to a
senior or retired member, equivalent to
being a member emeritus, literally, "King
Boss of Bosses")
3. Capo Crimine ("Crime Boss", known as a
Don - the head of a crime family)
4. Capo Bastone ("Club Head", known as the
"Underboss" is second in command to the
Capo Crimine)
5. Consigliere (an advisor)
6. Caporegime ("Regime head", a captain who
commands a "crew" of around ten Sgarriste or
"soldiers")
7. Sgarrista or Soldato ("Soldier", made
members of the Mafia who serve primarily as
foot soldiers)
8. Picciotto ("Little man", a low ranking
member who serves as an "enforcer")
9. Giovane D'Onore (an associate member,
usually someone not of Italian ancestry)
Italian Mafia structure
1. Capofamiglia - (Don/Boss)
2. Consigliere - (Counselor/Advisor/Right-
hand man)
3. Sotto Capo - (Underboss/Second-in-
command)
4. Capodecina - (Captain/Capo)
5. Uomini D'onore - ("Men of Honor"/Made
men/Soldiers)
Sicilian Mafia (based in Sicily)
➢ The Sicilian Mafia formed in the mid-1800s to
unify the Sicilian peasants against their
enemies. In Sicily, the word Mafia tends to
mean “manly.” The Sicilian Mafia changed
 from a group of honorable Sicilian men to an
organized criminal group in the 1920s.
➢ In the 1950s, Sicily enjoyed a massive
building boom. Taking advantage of the
opportunity, the Sicilian Mafia gained control
of the building contracts and made millions of
dollars. Today, the Sicilian Mafia has evolved
into an international organized crime group.
Some experts estimate it is the second largest
organization in Italy.
➢ The Sicilian Mafia specializes in heroin
trafficking, political corruption, and military
arms trafficking—and is also known to
engage in arson, frauds, counterfeiting, and
other racketeering crimes. With an estimated
2,500 Sicilian Mafia affiliates it is the most
powerful and most active Italian organized
crime group in the U.S.
➢ The Sicilian Mafia is infamous for its
aggressive assaults on Italian law
enforcement officials. In Sicily the term
“Excellent Cadaver” is used to distinguish
the assassination of prominent government
officials from the common criminals and
ordinary citizens killed by the Mafia. High-
ranking victims include police
commissioners, mayors, judges, police
colonels and generals, and Parliament
members.
Camorra or Neapolitan Mafia (based in Naples)
➢ The word “Camorra” means gang. The
Camorra first appeared in the mid-1800s in
Naples, Italy, as a prison gang. Once
released, members formed clans in the cities
and continued to grow in power. The
Camorra has more than 100 clans and
approximately 7,000 members, making it the
largest of the Italian organized crime groups.
➢ In the 1970s, the Sicilian Mafia convinced the
Camorra to convert their cigarette smuggling
routes into drug smuggling routes with the
Sicilian Mafia’s assistance. Not all Camorra
leaders agreed, leading to the Camorra Wars
that cost 400 lives. Opponents of drug
trafficking lost the war.
➢ The Camorra made a fortune in
reconstruction after an earthquake ravaged
the Campania region in 1980. Now it
specializes in cigarette smuggling and
receives payoffs from other criminal groups
for any cigarette traffic through Italy. The
Camorra is also involved in money
laundering, extortion, alien smuggling,
robbery, blackmail, kidnapping, political
corruption, and counterfeiting.
➢ It is believed that nearly 200 Camorra
affiliates reside in this country, many of whom
arrived during the Camorra Wars.
’Ndrangheta or Calabrian Mafia (based in
Calabria)
➢ The word “’Ndrangheta” comes from the
Greek meaning courage or loyalty. The
’Ndrangheta formed in the 1860s when a
group of Sicilians was banished from the
island by the Italian government. They settled
in Calabria and formed small criminal
groups.
➢ There are about 160 ’Ndrangheta cells with
roughly 6,000 members. They specialize in
kidnapping and political corruption, but also
engage in drug trafficking, murder,
bombings, counterfeiting, gambling, frauds,
thefts, labor racketeering, loansharking, and
alien smuggling.
➢ Cells are loosely connected family groups
based on blood relationships and marriages.
In the U.S., there are an estimated 100-200
members and associates, primarily in New
York and Florida.
Sacra Corona Unita or United Sacred Crown (based
in the Puglia region)
➢ Law enforcement became aware of the Sacra
Corona Unita in the late 1980s. Like other
groups, it started as a prison gang. As its
58
members were released, they settled in the
Puglia region in Italy and continued to grow
and form links with other Mafia groups. The
Sacra Corona Unita is headquartered in
Brindisi, located in the southeastern region of
Puglia.
➢ The Sacra Corona Unita consists of about 50
clans with approximately 2,000 members and
specializes in smuggling cigarettes, drugs,
arms, and people. It is also involved in money
laundering, extortion, and political
corruption. The organization collects payoffs
from other criminal groups for landing rights
on the southeast coast of Italy, a natural
gateway for smuggling to and from post-
Communist countries like Croatia,
Yugoslavia, and Albania.
➢ Very few Sacra Corona Unita members have
been identified in the U.S., although some
individuals in Illinois, Florida, and New York
have links to the organization.
Yakuza
▪ Yakuza (also known as gokudo) are
members of traditional organized crime
syndicates in Japan.
▪ The term Yakuza comes from a Japanese
game, Oicho-Kabu (played with hanafuda or
kabufuda cards).
 The worst hand in the game is a
set of eight, nine and three.
 In traditional Japanese forms of
counting, these numbers are called
Ya, Ku and Sa, thus the origin of the
word yakuza.
▪ The yakuza took this name because the Ya-
Ku-Za hand requires the most skill (at judging
opponents, etc.) and, obviously, the best luck
in order to win.
▪ The name was also used because it signified
bad fortune, presumably for anyone who
went up against the group.
▪ Despite uncertainty about the single origin of
Yakuza organizations, most modern Yakuza
derive from two classifications which
emerged in the mid-Edo Period: tekiya, those
who primarily peddled illicit, stolen or
shoddy goods; bakuto, those who were
involved in or participated in gambling.
▪ During the formation of the yakuza, they
adopted the traditional Japanese
hierarchical structure of oyabun-kobun
where kobun (lit. foster child) owe their
allegiance to the oyabun (lit. foster
parent). In a much later period, the code of
jingi (justice and duty) was developed where
loyalty and respect are a way of life. The
alleys and streets of Shinjuku are a popular
modern Tokyo Yakuza hangout.
▪ Yakuza groups are headed by an oyabun or
kumichō (family head) who gives orders to
his subordinates, the kobun. In this respect,
the organization is a variation of the
traditional Japanese senpai-kōhai (senior-
junior) model. Members of yakuza gangs cut
their family ties and transfer their loyalty to
the gang boss. They refer to each other as
family members - fathers and elder and
younger brothers. The yakuza is populated
almost entirely by men, and there are very
few women involved who are called ane-san
(older sister). When the 3rd Yamaguchi-gumi
boss (Kazuo Taoka) died in the early 1980s,
his wife (Fumiko) took over as boss of
Yamaguchi-gumi, albeit for a short time.
▪ Yakuza have a complex organizational
structure. There is an overall boss of the
syndicate, the kumicho, and directly beneath
him are the saiko komon (senior advisor) and
so-honbucho (headquarters chief). The
second in the chain of command is the
wakagashira, who governs several gangs in a
region with the help of a fuku-honbucho who
is himself responsible for several gangs. The
regional gangs themselves are governed by
their local boss, the shateigashira.
▪ Each member's connection is ranked by the
hierarchy of sakazuki (sake sharing).
Kumicho are at the top, and control various
saikō-komon (senior advisors). The saikō-
komon control their own turfs in different
areas or cities. They have their own
underlings, including other underbosses,
advisors, accountants and enforcers.
Rituals
1. Yubitsume, or the cutting off of one's
finger, is a form of penance or apology.
Upon a first offense, the transgressor must cut
off the tip of his left little finger and give the
severed portion to his boss. Sometimes an
underboss may do this in penance to the
oyabun if he wants to spare a member of his
own gang from further retaliation.
2. Many yakuza have full-body tattoos
(including their genitalia). These tattoos,
known as irezumi in Japan, are still often
"hand-poked", that is, the ink is inserted
beneath the skin using non-electrical, hand-
made and handheld tools with needles of
sharpened bamboo or steel. The procedure
is expensive, painful, and can take years to
complete.
3. Yakuza in prison sometimes perform
pearlings: for each year spent in prison one
pearl is inserted under the skin of the penis.
4. When yakuza members play Oicho-Kabu
cards with each other, they often remove
their shirts or open them up and drape them
around their waists. This enables them to
display their full-body tattoos to each other.
This is one of the few times that yakuza
members display their tattoos to others, as
they normally keep them concealed in public
with long-sleeved and high-necked shirts.
5. Another prominent yakuza ritual is the sake-
sharing ceremony. This is used to seal bonds
59
of brotherhood between individual yakuza
members, or between two yakuza groups.
Principal Families
Although yakuza membership has declined
following an anti-gang law aimed specifically at
yakuza and passed by the Japanese government in
1992, there are thought to be more than 87,000 active
yakuza members in Japan today. Although there are
many different yakuza groups, together they form the
largest organized crime group in the world.
Inagawa-kai: The largest group based in Tokyo.
Though relatively small, the group is known for being
well-disciplined and efficient. It is structured in the
traditional pyramid power scheme, with the bosses at
top making decisions for the group and collecting
significant tribute from the lower ranks. Though
traditionally bakuto, the group has branched out into
other typical yakuza business such as loan sharking
and construction. They were also one of the first
groups to take their business international.
Sumiyoshi-kai: Tokyo’s second main group. Unlike
the Yamaguchi-gumi or the Inagawa-kai, which run
its organizations in a very traditional, pyramid-like
fashion (with power concentrated at the top), this
group is rather a federation of gangs which grants
more autonomy to each group and relies less on
tribute coming from the bottom. They have a number
of front companies operating in Tokyo and are often
involved in the real estate business.
Yamaguchi-gumi: Japans’s largest organized crime
syndicate, with nearly 40,000 members. Based in
Kobe, the group grew rapidly and currently have a
significant presence in the Tokyo area. There has
been much friction with police in recent years due to
their size and relative hostility towards the police.
The Yamaguchi-gumi is the most international of all
the organized crime groups and excel at economic
crime. They have several hundred front companies in
Tokyo alone and are extensively involved in real
estate, FX trading, investments, restaurant
management, construction, waste disposal, and
controlling interests in most of Japan’s talent agencies
and “the entertainment business.” The group has
extensive political connections and has been
officially “backing” the Democratic Party of Japan
(DPJ) since 2007. The former Minister of Financial
Services, Kamei Shizuka, and the current special
envoy to Prime Minister Naoto Kan, admitted in a
session of the Japanese Diet to receiving a payment
of over roughly 5,000,000 dollars from a Yamaguchi-
gumi boss into his own bank account. He was also a
close associate of Kyo Eichu, a special advisor to the
Yamaguchi-gumi.
Kokuryu-kai : Amur River Society or Black Dragon
Society. Founded in 1901, this far-right group held an
ambitious imperialistic agenda for Japan: to control
all of Asia. Yakuza at the time time were often
sympathetic to nationalistic causes, due to both
ideological similarities (a resentment of foreigners
and a worship of traditional ways) and business
concerns (left wing ideologies threatened to change
some of the long-standing power structures of
Japanese society). Gangsters and groups such as
these often worked together.
Toa Yuai Jigyo Kumiai: East Asia Friendship
Enterprises Association. A front company for the
ethnically Korean yakuza organization that is based in
Tokyo. Despite its small size at 1,000 members, its
activities span throughout at least 20 prefectures in
Japan, and abroad.
DRUG EDUCATION AND VICE CONTROL
DEFINITION OF TERMS
Administer
Any act of introducing any dangerous drug into
the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of
indispensable assistance to a person in administering
a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for
purposes of medication.
Chemical Diversion
The sale, distribution, supply or transport of
legitimately imported, in –transit, manufactured or
procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling,
relabeling or concealment of such transaction
through fraud, destruction of documents, fraudulent
use of permits, misdeclaration, use of front
companies or mail fraud.
Clandestine Laboratory
Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and
essential chemical.
Confirmatory Test
An analytical test using a device, tool or
equipment with a different chemical or physical
principle that is more specific which will validate and
confirm the result of the screening test.
Controlled Delivery
The investigative technique of allowing an
unlawful or suspect consignment of any dangerous
drug and/or controlled precursor and essential
chemical, equipment or paraphernalia, or property
believed to be derived directly or indirectly from any
offense, to pass into, through or out of the country
under the supervision of an authorized officer, with a
view to gathering evidence to identify any person
involved in any dangerous drugs related offense, or
to facilitate prosecution of that offense.
Cultivate or Culture
Any act of knowingly planting, growing,
raising, or permitting the planting, growing or raising
of any plant which is the source of a dangerous drug.
Dangerous Drugs
Include those listed in the Schedules annexed
to the 1961 Single Convention on Narcotics Drugs, as
amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
60
Deliver
Any act of knowingly passing a dangerous drug
to another, personally or otherwise, and by any
means, with or without consideration.
Den, Dive or Resort
A place were any dangerous drug and/or
controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
Dispense
Any act of giving away, selling or distributing
medicine or any dangerous drug with or without the
use of prescription.
Drug Abuse. It is the illegal , wrongful, or improper
use of any drugs.
Drug Dependence
As based on the World Health Organization
definition, it is a cluster of physiological, behavioral
and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high
priority thereby involving, among others, a strong
desire or a sense of compulsion to take the substance
and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels
of use.
Physical Dependence. An adaptive state cause by
repeated drug use that reveals it self by
development of intense physical symptoms when the
drug is stopped { withdrawal syndrome }
Psychological Dependence. An attachment to drug
use which arises from a drug ability to satisfy some
emotional or personality needs of an individual.
Drug Syndicate
Any organized group of two (2) or more
persons forming or joining together with the intention
of committing any offense prescribed under this Act.
Employee of Den, Dive or Resort
The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator
where any dangerous drug and/or controlled
precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without
compensation, in connection with the operation
thereof.
Financier
Any person who pays for, raises or supplies
money for or underwrites any of the illegal activities
prescribed under this Act.
Illegal Trafficking
The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
Instrument
Anything that is used in or intended to be used
in any manner in the commission of illegal drug
trafficking or related offenses.
Laboratory Equipment
The paraphernalia, apparatus, materials or
appliances when used, intended for use or designed
for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical,
such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask,
heating mantle, gas generator, or their substitute.
Manufacture
The production, preparation, compounding or
processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural
origin, or independently by means of chemical
synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging
or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of
its container; except that such terms do not include
the preparation, compounding, packaging or
labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her
administration or dispensation of such drug or
substance in the course of his/her professional
practice including research, teaching and chemical
analysis of dangerous drugs or such substances that
are not intended for sale or for any other purpose.
Cannabis or Commonly known as “Marijuana” or
“Indian Hemp” or by Its Other Name
Embrace every kind, class, genus, or specie of
the plant Cannabis sativa L. including, but not limited
to, Cannabis Americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class
and character of marijuana, whether dried or fresh
and flowering, flowering or fruiting tops, or any part
or portion of the plant and seeds thereof, and all its
geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever.
Methylenedioxymethamphetamine (MDMA) or
Commonly Known as “Ecstasy”, or by Its Any
Other Name
Refers to the drug having such chemical
composition, including any of its isomers or
derivatives in any form.
Opium
Refers to the coagulated juice of the opium
poppy (Papaver somniferum L.) and embraces every
kind, class and character of opium, whether crude or
prepared; the ashes or refuse of the same; narcotic
preparations thereof or there from; morphine or any
alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and
leaves or wrappings of opium leaves, whether
prepared for use or not.
Opium Poppy
Refers to any part of the plant of the species
Papaver somniferum L., Papaver setigerum DC,
Papaver orientale, Papaver bracteatum and Papaver
rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substance derived
therefrom, even for floral, decorative and culinary
purposes.
Methamphetamine Hydrochloride or commonly
known as “Shabu”, “Ice”, “Meth”, or by its any
other name
61
Refers to drug having such chemical
composition including any of its isomers or
derivatives in any form.
Person
Any entity, natural or juridical, including
among others, a corporation, partnership, trust or
estate, joint stock company, association, syndicate,
joint venture or other unincorporated organization or
group capable of acquiring rights or entering into
obligations.
Practitioner
Any person who is a licensed physician,
dentist, chemist, medical technologist, nurse,
midwife, veterinarian or pharmacist in the
Philippines.
Planting of Evidence
The willful act by person of maliciously and
surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the
person, house, effect or in, the immediate vicinity of
an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Act.
Protector or Coddler
Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act
and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the
escape of any person he/she knows, or has
reasonable grounds to believe on or suspects, has
violated the provisions of this Act in order to prevent
the arrest, prosecution and conviction of the violator.
Pusher
Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit
or transport dangerous drugs or who acts as s broker
in any such transactions, in violation of this Act.
Screening Test
 A rapid test performed to establish
potential/presumptive positive result.
Sell
Any act of giving away any dangerous drug
and/or controlled precursor and essential chemical
whether for money or any other consideration.
Trading
Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and
essential chemical using electronic devices such as,
but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in
any of such transaction whether for money or any
other consideration in violation of this Act.
Use
Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system
of the body, and of the dangerous drugs.
THE NATURE OF DRUGS
DRUGS – is a substance used as a medicine or in
making medicines, which affects the body and mind
and have potential to abuse. Without an advice or
prescription from a physician, drugs can be harmful.
Two forms of drugs:
Natural drugs – those natural plant leaves,
flowering tops, resin, hashish, opium, and marijuana.
Synthetic/ Artificial drug – are those produce by
clandestine laboratories which include those drug
that are controlled by law because they are used in
the medical practice.
THE PRESCRIPTIVE DRUGS:
These are drugs requiring written authorization
from a doctor to allow a purchase.
* THE OVER THE COUNTER DRUGS {OTC}- The
OTC are non prescriptive medicine , which may be
purchased from any pharmacy or drugstore without
written authorization from a doctor.
“SELF-MEDICATION SYNDROME”
The self medication syndrome is found in users
and would be users of drugs whose sources of
information are people or literature other than
doctors, pharmacist and health workers. They take
drugs without the consulting the doctor.
THE PHYSIOLOGY OF DRUGS
Amount of drug in dose:
Minimal dose –the amount needed to treat or
heat, that is, the smallest amount of a drug that will
produce a therapeutic effect.
1.Maximal dose – the largest amount of a drug that
will produce a desired therapeutic effect, without any
accompanying symptoms of toxicity.
2.Toxic dose. – the amount of drug that prudes
untoward effect of symptoms of poisoning.
3.Abusive dose – the amount needed to produce the
side effects and action desired by an individual who
improperly uses it.
4. Lethal dose. – the amount of drug that will cause
death.
METHOD OF DRUG ADMINISTRATION
1. Oral – this is the safest most convenient
and economical route whenever possible.
2. Injection – this form of drug administration
offers a faster response than the oral
method.
3. Inhalation – this route makes use of
gaseous and volatile drugs, which are
inhaled and absorbed rapidly through the
mucous of the respiratory.
4. Topical – this refers to the application of
drugs directly to body site such as the skin
and the mucous membrane.
5. Iontophoresis – the introduction of drugs
into the deeper layers of the skin by the
62
used of special type o f eclectic current for
local effect.
Toxicology – is commonly known as the
science of poisons, their effects and antidotes.
1. Overdose – when too much of drug is taken
into the physiological system of the human
body, there may be an over extension of its
effects.
2. Allergy – some drugs cause the release of
histamine giving rise to allergic symptoms
such as dermatitis, swelling, fall in blood
pressure, suffocation and death.
3. Idiosyncrasy – it refers to the individual
reaction to drug, food, etc. for unexplained
reason.
4. Poisonous Property – drugs are chemicals
and some of them have the property of
being general protoplasmic poison.
5. Side Effect – some drugs are not receptors
for one organ but receptors of other organ
as well.
SOME MEDICAL USES OF DRUGS
1. Analgesic – are drugs that relieve pain.
2. Antibiotics – are drugs that combat or
control infectious organisms.
3. Antipyretics – those that can lower body
temperature or fever due to infection.
4. Antihistamines – those that control or
combat allergic reactions.
5. Contraceptives – drugs that prevent the
meeting of the egg cell and sperm cell or
prevent the ovary from releasing egg cells.
6. Decongestant – those that relieve
congestion of the nasal passage.
7. Expectorants – those that can ease the
expulsion of mucus and phlegm from the
lungs and the throat.
8. Laxatives – those that stimulate defection
and encourage bowel movement.
9. Sedatives and Tranquilizers – are those
can calm and quite the nerves and relieve
 anxiety without causing depression and Spain – became the paradise of drug users in the
clouding of the mind . Europe. Is known as the major transshipment point
10. Vitamins – those substances necessary for for international drug traffickers in Europe.
normal growth and development and South America – Columbia, Peru , Uruguay and
proper functioning of the body. Panama are the principal sources of all cocaine
supply in the world due to the robust production of
THE GLOBAL DRUG coca plants source of cocaine dugs
DRUG TRAFFICKING Mexico – is known in the world to be the number two
Drug Abuse has become not a national issue producer of marijuana
or a problem of just a few countries but it is a clear (cannabis Sativa Lima)
and present global danger. Philippines – the first production of marijuana. It
also became the major transshipment point for the
THE FIRST IMPORTANT DRUG TRAFFIC ROUTE world wide distribution of illegal drugs.
Middle East - discovery, plantation, cultivation, Today the Philippines is known as the paradise of
harvest drug abusers in Asia
Turkey - preparation for distribution India- is the center of the worlds drug map, leading
Europe - manufacture, synthesis, refine to rapid addiction among its people
U.S - marketing Indonesia- Northern Sumatra has traditionally been
the main cannabis growing area
Bali Indonesia is an important transit point for drugs
THE SECOND DRUG TRAFFIC ROUTE en route to Australia and new Zealand
1. GOLDEN TRIANGLE composed of the three Singapore .Malaysia and Thailand – is the most
countries: favorable sites of drugs distribution from the golden
1. Burma/ Myanmar triangle and other parts of Asia
2. Laos China- is the transit route for heroin from golden
3. Thailand triangle to Hong Kong. It is also the country where
Southeast Asia – the golden triangle approximately the ephedra plant is cultivated- source of the drug
produced 60 % o opium in the world, 90% of opium ephedrine- the principal chemical for producing the
in eastern part of Asia; drug shabu
GOLDEN CRESCENT composed of the four Hong Kong – is the world’s transshipment point of all
countries forms of heroin.
1. Iran Japan – it became the major consumer of cocaine
2. Afghanistan and shabu from the United States and Europe
3. Pakistan
4. India THE ORGANIZED CRIME GROUPS BEHIND THE
Southwest Asia – the golden crescent is the major GLOBAL SCENE
supplier of opium poppy, MJ and Heroin products in THE COLUMBIAN MEDELLIN CARTEL
the western part of Asia : Founded during the Columbian drug lords in the
THE WORLD’S DRUG SCENE name of PABLO ESCOBAR GAVIRIA and the drug
Middle East – the Becka valley of Lebanon is bosses JOSE GONZALO RODRIGUEZ GACHA and the
considered to be the biggest producer of cannabis in top aid cocaine barons JUAN DAVID and the OHOA
the middle east. BROTHERS
63
MEDELLIN CARTEL – is reputedly responsible for
organizing worlds drug trafficking network
THE CALI CARTEL - the newly emerged cocaine
monopoly. GILBRTO RODRIGUEZ ORAJUELA- better
known as DON CHEPE heads the indicated
organization it is considered the most powerful of the
criminal organization in the world
CHINESE TRIAD - is also called as the CHINESE
MAFIA is the oldest and biggest criminal
organization in the world. It is the believed to be the
controller of the Golden Triangle with the
international connections on drug trafficking.
DRUG SYNDICATE IN THE PHILIPPINES
The Binondo-based Chinese syndicate has been
identified as the nucleus of the Triad Society, the
Bamboo gang based in Taiwan and the 14k based in
Hong Kong. The Bamboo gang influence of the Green
Gang of the Chinese Triad while the 14k is the
newest among the triads families established only in
1947.
The most common modus operandi by the
syndicate – posing as fishermen along Philippine
seas, particularly, the northern provinces of Luzon
such as La Union, Ilocos, and Pangasinan where they
drop their loads of shabu to shoreline based
members.
THE DANGEROUS DRUGS
Dangerous Drugs: Refer to the broad categories or
classes of controlled substances.
GENERAL DRUG CLASSIFICATION
A. According to Effects:
1.Depressants – are group of drugs that has the effect
of depressing the central nervous system.
2.Stimulants – are group of drugs having the effect of
stimulating the nervous system.
3.Hallucinogens – refers to group of drugs that are
considered to be mind altering drugs and give the
general effect of mood distortion.
B. According to Medical Pharmacology:
1. Depressants
 2. Narcotics
3. Tranquilizers
4. Stimulants
5. Hallucinogens
6. Solvents/Inhalants
B. Legal Categories in accordance to R.A.
6425
PROHIBITED DRUGS
a.Narcotics - refers to the group of drug opium and it
derivatives.
b.Stimulants – refers to the group of drug cocaine,
alpha and beta cocaine.
c.Hallucinogens – refers to the group of drugs like
Marijuana , LSD [lysergic acid diethylamide],
mescaline.
REGULATED DRUGS
a.Barbiturates – refers to the group of depressant
drug known as ‘Vernonal’.
b.Hypnotics – are group of drugs such as Mandrax,
Quaalude. Fadormir.
c.Amphetamines – are group of stimulant drugs like
Benzedrine, Dexedrine, Methedrine,Preludin.
VOLATILE SUBSTANCE [ P.D. 1619 ]
The group of liquid, solid or mixed substances having
the property of releasing toxic vapors or fumes which
when sniffed, smelled, inhaled or introduced into the
physiological system of the body produces or
induces a condition of intoxication, excitement or
dulling of the brain or nervous system.
CLASSIFICATIONS OF DANGEROUS DRUGS
According to Effects
A.Depressants [Downers] – these are drugs which
suppress vital body function especially those of the
brain or central nervous system with the resulting
impairment of judgement, hearing, speech and
macular coordination.
1.Narcotics – are drugs, which relieve pain and
produce profound sleep or stupor when introduced
to the body.
2.Opium – derived from a poppy plant[papaver
somniferum] popularly known as ‘gum’, ‘gamot’
‘kalamay’ or ‘panocha’.
3.Morphine – most commonly used and best used
opiate.
3.Herion – is three to five times powerful than
morphine from it is derived and most addicting
opium derivative.
4.Codeine – a derivative of morphine, commonly
available in cough preparations.
5.Paregoric – a tincture of opium in combination with
camphor.
6.Demerol and Methadone – common synthetic drugs
with morphine – like effects.
7.Barbiturates – are drugs used for inducing sleep in
persons plagued with anxiety, metal stress, and
insomnia.
8.Seconal – commonly used among hospitality girls.
9.tranquilizres – are that calm and relax and diminish
anxiety.
10.Volatile Solvent – gaseous substances popularly
known to abusers as ‘gas’ ‘teardrops’.
11.Alcohol – the king of all drugs with potential for
abuse.
B.Stimulants [uppers] – they produced effects
opposite to that of depressants.
1.Amphetamines – used medically for weight
reducing in obesity, relief of mild depression and
treatment.
2.Cocaine – the drug taken from coca bush plant
[Erythroxylon Coca] grows in south America.
3.Caffeine – it is present in coffee, tea, chocolate, cola
drinks and some wake – up pills.
4.Shabu/ ‘poor man’s cocaine – chemically known as
methamphetamine hydrochloride.
5.Nicotine – an active component in tobacco which
acts as s powerful stimulant of the central nervous
system.
c.Hallucinogens [psychedelic] – the group of drugs
that consist of a variety of mind-altering drugs, which
distort reality, thinking and perception of time,
second, space and sensation.
1.Marijuana – it is the most commonly abused
hallucinogen in the Philippines because it can be
grown extensively in the country.
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2.Lysergic Acid Diethylamide[LSD] – this drug is most
powerful of the psychedelics obtained from ergot, a
fungus that attacks rye kernels.
3.Peyote – is derived from the surface part of a small
gay brown cactus.
4.Mescaline –it is the alkaloid hallucinogen extracted
from the peyote cactus and can also be synthesized in
the laboratory.
5.STP – it is a take-off on the motor oil additive.
6.Psilocybin – this hallucinogenic alkaloid from small
Mexican mushrooms are used in Mexican Indians
today.
7.Morning Glory Seeds – the black and brown seeds
of the wild tropical morning glory that are used
produced hallucinations.
COMMONLY ABUSED DRUGS
1.Sedatives – are drugs, which reduce anxiety and
excitement such as barbiturates, non-barbiturates,
tranquilizers and alcohol.
2.Stimulants – are drugs, which increase alertness
and activity such as amphetamines, cocaine and
caffeine.
3.Hallucinogens/psychedelics – drug which effect
sensation, thinking, self-awareness and emotion.
4.Narcotics – drugs that relieve pain and often induce
sleep.
The Three Most Popular Plants
As source of Dangerous Drugs
A.The Marijuana Plant
The term marijuana is a Spanish-Mexican term used
to refer to the Indian hemp plant, can grow in tropical
region and attains an approximately height of 15 to 20
feet. Scientifically named as Cannabis Sativa Lima. It
have a sexual differentiation being a dioucious [
separate male/ female plan]. The female known as
Pistillate shorter but long lived. The male plant is
called the Staminate taller but short lived. Its leaves
formed a finger like look odd in numbers from 3 up
13 finger like leaves. The resin called hashish can be
found on the most top portion of the female plant. The
active ingredient called cannabin the one produces
tetrahydrocannibinnol concentrated alkaloid which is
5 to 20 times stronger than plain marijuana.
B.The Opium Poppy Plant
The opium poppy is scientifically known as Papaver
Somniferum. The word Papaver is a Greek term
which means poppy while the word Somniferum is a
Latin term which means dream/ induced sleep. The
plant can grow from 3 to 6feet in height originally in
Mesopotamia.
C.The Coca Bush Plant
The coca bush plant is scientifically known as
Erythroxylon Coca common in South America. The
plant grows in mountainous and tropical climate
areas, on clay like soil, a fully grown coca plant
attains a height of 6 to 8 feet and can harvested 3 to
4times in a year. Cocaine is the drug can produce in
this plant. The most powerful natural stimulant known
as cocaine hydrochloride.
THE INFLUENCE OF DRUG ABUSE
CONCEPT OF DRUGS ABUSE
The term “Drugs Abuse” most often refers to
the of a drugs with such frequency that is cause
physical or mental harm to the user or impairs social
function. This meant that any use of Marijuana, for
example; even if it occurred only once in a while,
would constitute abuse, while the same level of
alcohol consumption would not. The term drug is
commonly associate with substances that may be
purchased legally with prescription for medical use.
Characteristics of Drug Addict
1.Uncontrollable Craving – the addiction feels a
compulsive craving to take drug repeatedly and tries
to procure the same by any means.
2.Tolerance – it is the tendency to increase the dose
of the drug to produce the same effect as to that of the
original effect.
3.Addiction- the addict is powerless to quit drug use.
4.Physical Dependence – the addict’s physiological
function is altered. The body becomes sick, inactive
and incapable of carrying out useful activity in the
absence of the drug. The withdrawal syndromes will
occur once the drug use is stopped.
5.Psychological Dependence – emotional and
mental discomfort exist to the individual. The drug
addict feels he cannot do without the drugs,
consequently if he does not take carryout his work
efficiently.
6.Withdrawal Syndrome – the addict becomes
nervous and restless when he does not get the drug.
After about 12 hours, he starts sweating. His nose and
eyes become watery and continue doing so
increasingly for another twelve hours. It is followed
by vomiting, diarrhea, loss of appetite and sleep.
Respiration, blood pressure and body temperature
also rises. This will continue up to three days. After
which, the trouble starts subsiding and most of it is
gone in about a week’s time. Complete recovery
takes place in three to six months.
How Addiction is acquired?
The drugs habit is acquired primarily in three ways:
1.Association – the tendency of a drug abuser to
look for peer groups where he feels being wanted
and accepted.
2.Experimentation – the tendency of a person to try
and explore the effects of drugs due to curiosity or
other reasons.
3.Inexperienced doctors – the tendency of doctors
and physicians to unnecessarily prescribe drugs.
Likewise, addiction may also be acquired
through:
1.Habituation – repetitious engagement of drug use
which is closely related to the experience of the
euphoric effect of drugs, and the relief of pain or
emotional discomfort.
2.Tolerance – refer to the necessity to increase the
dose to obtain an effect equivalent to the original
dose.
3.Dependence – the altered physiological state
brought about by the repeated administration of the
drug, which necessitates the continued use of the
drug to avoid withdrawal syndrome.
65
UNDERLYING INFLUENCES OF DRUG ABUSE
A. Biological Factors
1.Individual’s general health – there are several
diseases that easily make a person become a drug
abuser.
2.It is believe that drug has the special power to
prevent or increase sexual capacity.
3.One specific genetic theory proposes that there is
an inherited defect in the product of endorphin,
similar to morphine. A deficiency of the substance
leads to bodily discomfort.
B. Factors in Youthful Drugs Abuse
(Psychological, Mental health, Family conditions)
1.Motives and Attitudes
Psychologically speaking, in term of motives and
function of drug use, some of which may not be
recognized by users, themselves. The more a drugs
is used, the more it tends to satisfy more than one
motive or need.
Try to ask a drug dependent on the reason why he or
she engaged in drug use and he or she will reveal
about curiosity sake. There is the eagerness to
explore what they have not experienced.
1.Personality and Pathology
This psychology has been described as follows:
chronic, low-grade depression, smoldering, tense
and restlessness, a sense of not being taken
seriously, narcissism or egocentricity, preoccupation
with issues or identity, autonomy, and freedom of
expression, repeated dwelling on drug taking and its
affects, and the difficulty in interpersonal relations.
2.Family Background
The kinds of personality disturbances found in some
young addicts and heads cannot, in the current state
of knowledge, be identified as brain damage or
schizophrenia. It is more in the manner of character
disorder. And the behavior may be result of
inadequate socialization, condition of child rearing
and family interaction.
1.Absent or weak father.
2.Overprotective, overindulgent and domineering
mother.
3.Inconsistent standards of behavior, lack of
definition of limits.
4.Hostility or conflict between parents.
5.Unrealistic aspiration for child.
6.Modeling if parents or key influence are drug
users, young persons often tend to model the
behavior they are at home.
The family therefore is a strong influence to drugs
abuse. Common factors are: children of broken lost
family solidarity to strike and over protectiveness of
parents to assert their dependence, and to rebel from
parental authority.
C. Other Psycho – Social Factors
Drug abuse is a manifestation of an underlying
character of personality disorder. Thus majority of
the drugs users are fundamentally immature,
emotionally childish, insecure or are suffering from
problems of adolescence.
It is also a sign or symptom of family problem
involving parent and child relationship, peer
pressures, unethical values.
1.Availability of over – the counter and prescription
drugs variety of drug available for different ailments.
2.Influence of media – advertisement message that all
aliment can be cured through the use of chemical
substance toward message and help to create the
acceptance of drugs.
3.Impact of affluent lifestyle.
4.Effect of increased travel and exposure to different
culture and social values.
5.The collapse of religious values.
6.Alienation and enemies feeling of powerless.
7.Lower value on academic achievement.
8.They believe that drug can give deeper insight.
9.The belief that medicines can magically solve
problems.
10.The easy access to drug or various sort in an
affluent society.
11.The enjoyment of euphoria or excitement induced
by drugs.
12.The beliefs that they are just taking it like alcohol.
13.The tendency of person with psychological
problems to seed easily solution with chemicals.
14.The statement of proselytizers who proclaim the
goodness of drugs.
15.Slum condition – the most critical is that the slum
dweller is often deprived of emotional support.
GROUP CLASSIFICATION OF DRUG ABUSERS
Situational Users – those who use drugs to keep
them awake or for additional energy to perform an
important work. Such individual may or may not
exhibit psychological dependence.
Spree Users – school age users who take drugs for
“kick” an adventurous daring experience or as a
means of fun. There may be some degree of
psychological dependence but little physical
dependence due to the mixed pattern of use.
Hard Core Addicts – those, whose activities revolve
almost entirely around the drug experience and
securing supplies. They show strong psychological
dependence on the drug.
Hippies – those who are addicted to drugs believing
that drug is an integral part of life.
What to Observe
1. Change in interest
2. Frequent shifting of mood
3. Changes in behavior
4. Change in physical appearance –
PROCESS OF DETECTING DRUGS ABUSERS
Observation
Observation of the signs and symptoms of drug
abuse may take relatively a long period of time.
Good sensory equipment and a high degree of
objectivity are two requirements for good observer.
To be an effective observer, the observer should not
let his own personal judgment and reactions effect his
observation.
1.History Taking
66
a.Collateral Information (Interview with
information) –
The best information is form the patient himself, but
collateral information is necessary. Ideally, a parent
or close relative or a close friend should be present
to furnish useful details as to the different changes
observed in the patience that made them suspect the
subject is abusing drugs.
b.Interview with Patient – Inquire regarding the
drug being abused, onset of his drug taking activity,
reason for abusing drug, how support his vice, etc.
3.Laboratory Examination
Accurate laboratory examinations cannot be
performance by any ordinary chemist since detection
of dangerous drugs requires sophisticated
equipment and apparatus, special chemical reagent
and most of all, the specialized technical know – how.
4.Psychological Examination
This phase of drug detection requires the expertise of
trained psychologist. Teachers therefore are not in a
position to administer psychological examination
among their student.
a.Intelligence Test – the test is designed to cover a
wide variety of mental function with special emphasis
on adjustment comprehensive and reasoning.
b.Personality Test – this type of test is used to
evaluate the character and personality traits of an
individual such as his emotional adjustment,
interpersonal relation, motivation and attitude.
c.Aptitude Test – this test to measure the readiness
with which the individual increases his knowledge
and improves skills when given the necessary
opportunity and training.
d.Interest Test – this is designed to reveal the field
of interest that a client will be interested in.
e.Psychiatric Evaluation – it is a process whereby a
team of professionals composed of psychiatrist,
psychologist, and psychiatric social workers conduct
a suffering from psychiatric disorder.
THE EFFECTS OF DRUG ABUSE
1.PHYSICAL EFFECTS
a) Malnutrition- the life of an addict revolves around
drug use.
b) Skin infections and skin rashes- Oftentimes the
drug abuser neglects his personal hygiene, uses
unsterilized needles and syringers that result in skin
infections or even ulceration at the sites of the needle
puncture.
2.PSYCHOLOGICAL EFFECTS
a) Deterioration of personality with impaired
emotional maturation.
b) Impairment of adequate mental function.
c) Loss of drive and ambition.
d) Development of psychosis and depression.
e) Loss of interest to study.
f) Laziness, lethargy, boredom, and restlessness.
g) Irritability, rebellious attitude.
h) Withdrawn forgetfulness.
3. SOCIAL EFFECTS
a) Deterioration of interpersonal relationship and
development of conflict with authority.
b) Commission of crime
c) Social maladjustment, loss of desire to work, study
and participate in activities or to face challenges.
4. MENTAL EFFECTS
- The drug abuser can experience adverse effect
on the central nervous system. Regular use or
injection of large dose of a substance reduce the
activity of the brain and depresses the central
nervous system.
5. ECONOMIC EFFECTS
a) Inability to hold stable job
- It is possible for a drug abuser to hold a steady
job since he spends all his time and money on drugs.
b) Dependence on family resources
- Instead of contributing to the economic stability of
the family, a dependent becomes an economic
burden.
c) Accidents in industry
- In a state of agitation or dullness of the mind as a
result of the drug he has taken, the dependent
becomes careless and loses concentration on his job.
SYMPTOMS OF ABUSE ON THE DANGEROUS
DRUGSDEPRESSANTS
1. DEPRESSANT
a) Narcotics- Narcotic drugs produces lethargy and
drowsiness.
b) Barbiturates/Tranquilizers- symptoms of alcohol
intoxication without odor or alcohol on breath,
straggering or stumbling, falling asleep
unexplainably, drowsiness, may appear disoriented,
lack of interest in school and family activities.
c) Volatile Solvents- there is unusual odor of
substance on breath and clothes of the user.
2.STIMULANTS
a) Amphetamines/Cocaine/speed/uppers
1. pupils may be dilated
2. mouth and nose dry, bad breath, licks lips
frequently
3. goes long periods without eating or sleeping
nervous; has difficulty sitting still
4. chain smoking
5. it injecting drug, user may have hidden eye
droppers and needles among possessions.
b) Shabu
1. produce elevation of mood, heightened alertness
and increase energy
2. some individuals may become anxious, irritable or
loquacious.
3. causes decrease appetite and insomia
3. HALLUCINOGENS
a) Marijuana
1. may appear animated with rapid, loud talking and
burst of laughter.
2. sleepy or stuporous
3. pupils are dilated
4. odor (similar to burnt rope) on clothing or breath
5. remnants of marijuana, either loose or in partially
smoked “joints” in clothing or possessions.
b) LSD/STP/DMT
1. users usually sits or reclines quietly in a dream or
trance- like state.
67
2. user may become fearful and experience a degree
of terror which makes him attempt to escape from his
group.
3. sense of sight, hearing, touch, body image and
time are distorted
4. mood and behavior are affected, the manner
depending upon emotional and environmental
condition of the user.
DANGERS OF ABUSE OF THE DANGEROUS
DRUGS
1. DEPRESSANT
a) Death due to respiratory arrest
b) In large doses can cause respiratory depression
and coma, the combination of depressant and alcohol
can multiply the effect of the drugs, thereby
multiplying the risk.
c) Babies born to mothers who abuse depressants
during pregnancy may be physically dependent on
the drug and show withdrawal symptoms shortly after
they are born.
2. STIMULANTS
a) Death due to infection, high blood pressures
b) Extremely high doses can cause a rapid or
irregular heartbeat, tremors, loss of coordination,
and even physical collapse.
3. SHABU
a) Overdose leads to chest pains, hypertension, acute
psychotic reaction, convulsion and death due to
cardiac arrest
b) Due to the appetite suppressing effects of shabu,
pregnant mother may become malnourished.
c) Babies born to shabu using women show sever
emotional disturbances.
4. HALLUCINOGENS
a) Can lead to serious mental changes like insanity,
suicidal and or homicidal tendencies b) Poor
impulse control
c) Damage to chromosomes, hence affecting
potentially the offspring
d) Death due to paralysis of the respiratory system.
Republic Act No. 9165
 An act instituting the comprehensive
dangerous drugs act of 2002, repealing Act No, 6425,
otherwise known as the dangerous drug act of 1972,
as amended, providing funds therefore, and other
purpose.
UNLAWFUL ACTS UNDER R.A 9165
Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
The penalty of life imprisonment to death and
a ranging from Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug, regardless
of the quantity and purity involved, including any and
all species of opium poppy or any part thereof or
substance derived there from even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from
twelve (12) years and (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos
(100,000.00) to Five hundred thousand pesos
(500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import any controlled
precursor and essential chemical. The maximum
penalty provided for under the section shall be
imposed upon any person, who, unless authorized
under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled
precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other
means involving his/her official status intended the
facilitate the unlawful entry of the same. In addition,
the diplomatic passport shall be confiscated and
cancelled. The maximum penalty provided for
organizes, manages or acts as a “financier” of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and a
ranging from One hundred thousand pesos
(100,000.00) to Five hundred thousand pesos
(500,000.00) shall be imposed upon any person, who
acts as a “protector/coddler” of any violator of the
provisions under this Section.
Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals
The penalty of life imprisonment to death and a
fine ranging fro Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute
dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy
regardless of the quantity and purity involved, or
shall act as a broker in any of such transaction.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall
act as a broker in such transaction.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty
shall be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and
68
essential chemical involved in any offense herein
provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this
Section shall be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages of acts as a “financier” of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who acts as a “protector/coddler” of any violator of
the provisions under this Section
Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
The penalty of imprisonment to death and a fine
ranging Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by
law, shall engage in the manufacture of any
dangerous drug.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall manufacture any
controlled precursor and essential chemical.
The presence of any controlled precursor and
essential chemical or laboratory equipment in the
clandestine laboratory is prima facie proof of
manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the
clandestine laboratory is undertaken or established
under the following circumstance:
(a) Any phase of the manufacturing process
was conducted in the presence or with the help of
minor/s:
(b) Any phase or manufacturing process was
established or undertaken within one hundred (100)
meters of a residential, business, church or school
premises;
(c) Any clandestine laboratory was secured or
protected with booby traps;
(d) Any clandestine laboratory was concealed with
legitimate business operations;or
(e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a “financier” of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who acts as a “protector/coddler” of any violator of
the provisions under this Section.
Possession of Dangerous Drugs
The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall posses any dangerous drug
in the following quantities, regardless of the degree
of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or “shabu”;
(6) 10 grams or more of marijuana resin or marijuana
resin oil;
(7) 500 grams or more marijuana; and
(8) 10 grams or more of other dangerous drugs such
as, but not limited to,
methylenedioxymethamphetamine (MDA) or
“ecstasy”, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if
the quantity possessed is far beyond therapeutic
requirements, as determined and promulgated by
the Board in accordance to section 93, Article XI of
this act.
Otherwise, if the quantity involved is less than
the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantity
of methamphetamine hydrochloride or “shabu” is ten
(10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one
(1) day to life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are (5) grams or more
but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine
hydrochloride or “shabu”, or other dangerous drugs
such as, but not limited to, MDMA or “ecstasy”, PMA,
TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives,
without having anytherapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five
hundred (500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one
day to twenty (20) years and fine ranging fro Three
hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or
“shabu”, or other dangerous drugs such as, but not
limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB,
and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
69
therapeutic requirements; or less than three hundred
(300) grams of marijuana.
Use of dangerous Drugs
A person apprehended or arrested, who is
found to be positive for use of any dangerous drug,
after a confirmatory test, shall be imposed a penalty
of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the
provisions of Article VIII of this Act. If apprehend
using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment
ranging from (6) years and one (1) day to twelve
years and fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos
(200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to
have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this
Act, in which case the provisions stated therein shall
apply.
Plea-Bargaining Provision
Any person charged under any provision of this
Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
Non-Applicability of the Probation Law for Drug
Traffickers and Pushers
Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege
granted by the Provision Law or Presidential Decree
No, 968, as amended.
Qualifying Aggravating Circumstance in the
Commission of a Crime by Offender Under the
Influence of Dangerous Drugs
Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance
in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised
Penal Code shall be applicable.
Criminal Liability for Planting of Evidence
 Any person who is found guilty of “planting”
any dangerous drug and/or controlled precursor and
essential chemical regardless of quantity and purity,
shall suffer the penalty of death.
National Campaign strategies
1.Demand Reduction Strategy – This strategy can be
carried out through the following
a.Preventive education and information campaigns to
prevent further demand of society particularly the
youth.
b.Treatment and rehabilitation of drug dependents.
2.Supply Reduction Strategy – this strategy can be
carried out through the following.
a.Dangerous Drug Law Enforcement
b.Judicial and Legislative measures
3.International Cooperation strategy – this strategy
can be carried out through the following.
a.International interdiction
b.Coordination with the Interpol
c.Linkage s with the ASEAN community
d.UN anti drug conventions
Operational Plans against the Drug
Problem
1. Oplan Thunderbolt I – NARCOM’s
operations to create impact to the
underworld.
2. Oplan Thunderbolt II – NARCOM’s
operations to neutralize suspected illegal
drug laboratories
3. Oplan Thunderbolt III – Operations for
the neutralization of bi time pushers, drug
dealers and drug lords.
4. Oplan Iceberg – Special operations team
in selected drug prone areas in order to
get rid of illegal drug activities in the
area.
5. Oplan Hunter – NARCOM’s operation
against suspected military and police
personnel who are engaged in illegal
drug activities
6. Oplan Mercurio – Operation s against
drug stores which are violating existing
regulation on the scale of regulated drugs
in coordination with the DDB/DOH and
BFAD.
7. Oplan Tornado – Operations in drug
notorious and high profile places.
8. Oplan GreenGold - NARCOM’s
nationwide MJ eradication operations in
coordination with the local government
and NGO’s
9. Oplan Sagip-Yagit – A civic program
initiated by NGO’ s and local government
officers to help eradicate drug syndicates
involving street children as drug
conduits.
10. Oplan Banat – the newest operational
plan against drug abuse focused in the
barangay level in cooperation with
barangay officials.
11. Oplan Athena – operation conducted to
neutralize the 14k, the Bamboo gang and
other local organized crime group
involved in illegal trafficking.
12. Oplan Cyclops – operation against
Chinese triad members involved in
illegal drug operations particularly
Methamphetamine and Hydrochloride.
Buy-Bust Operations
Concept: it is a form of entrapment employed
by peace officers as an effective way of
apprehending a criminal in the act of
commission of the offence.
Search for Drug Evidence with Warrant
Concept: a search warrant is an order in
writing issued in the name of the People of
the Philippines, signed by a judge and
directed to peace officer, commanding him to
search for personal property described
therein and bring it before the court.
Marijuana Eradication
70
Concept: Marijuana eradication involves the
location and destruction of marijuana
plantation, including the identification, arrest
and prosecution of the planter, owner or
cultivation, and the escheating of land where
the plantation are located
Mobile Check Point Operations
Concept: No other forms of check point other
than mobile checkpoint are authorized for
drug enforcement and prevention operations.
Airport/Seaport Interdiction
Concept: Airport and seaport interdiction
involves the conduct of surveillance,
interception and interdiction of persons and
evidence during travel by air or sea vessels.
Controlled Delivery
Concept: this is the technique of following
illicit or suspect consignment of narcotic
drugs, psychotropic substances or
substances substituted for them to pass out of
trough or into the territory of one or more
countries, with the knowledge and under the
supervision of their competent authorities
with a view to identifying person involve in
the commission of drug related offences.
Undercover Operations
Concept: Undercover operation is an
investigative technique in which the
personnel involve assumes different
identities in order to obtain the necessary
information. This technique may also be
considered as a method of surveillance.
Narcotic Investigation
Concept: narcotic investigation is a
necessary tool employed by drug
enforcement agencies in building up relevant
and competent evidence, which are vital in
the development of a drug case. Several
investigative techniques may be utilized for
the successful attainment of the operation
this include but not limited to use of
informants, interviewing, interrogation,
 surveillance operations and undercover Test / Zwikker SEEDS – requires to be fertile, to establish their
operation. Test fertility a number of the seeds should be placed in a
Measures undertaken in SEA Amphetamines Marquis Test Red/Orange- suitable container with moist paper pulp or wet
1. Enhancement of capital punishment Brown vermiculite and place in warm dark place until
2. ASIAN drug official group meetings ‘conventions LSD Para Amino Purple germination takes place.
against drug abuse BenZoic Acid ( Field Test for Amphetamines
3. Instant urine test machine PABA) Test Material – consist 2 or 3 drops of Marquis
4. Denial of passport on all drug offenders upon Marijuana Duquenois – Red Bottom reagent in a small glass ampul
released from prison Levine Test / layer Test Procedure – amphetamines react with the
5. used of narcotic drug detector KN Test reagent to give a red- orange color , turning to
6. ASEAN cooperation on against drug trafficking Shabu Symone’s Test Purples reddish and then dark brown within 1 or 2 minutes.
Field Test for Barbiturates
Drug outlook in the ASEAN countries FIELD DRUG TEST Zwikker Test – an anhydrous methanol solution of the
1. Thailand- the training center for: Field Test for Methadone -this narcotic drug known barbiturate upon several drops of cobalt chloride in
A. undercover operations also Amidone , Dolophine and di-6 dimethylamide – 4 methanol solution gives a bluish color ,which
B. investigations diphenyl 3- heptanone hydrochloride.. changes to dark blue upon being alkalized with a 5 %
C. informant handling Field Test for Cocaine , Demerol and isopropylamine in methanol.
D. surveillance Methadone-developed by the US Customs Test Material - Zwikker Test KIT – consist of a small
E. other enforcement techniques Laboratory in Baltimore , Maryland in 1961 .Based on plastic bag containing three solutions in plastics
2. Philippines a modification of the well known cobalt thiocyanate dropping bottles and small porcelain spot plate.
The adoption of the drug demand reduction strategy color test , blue color in the presence of Cocaine
and supply reduction strategy should be used only as a preliminary test. Definition of Vice== It is any immoral conduct or
3. Malaysia habit, the indulgence of which leads to depravity,
The Asian treatment and rehabilitation training center Field Test for Marijuana / Cannabis Sativa wickedness or corruption.
is sponsored by the international labor union located MICROSCOPIC - using a magnification of Definition of Prostitution== It is an act or practice of
in Malaysia. approximately 30 diameters , the leaves , small twigs a woman who engages or habitually indulged in
4. Singapore , seed hulls and flowering tops exhibit a sexual intercourse for money or profit.
Responsible in the area of research as part of the characteristics warty appearance due to the presence Prostitute==A woman engages in discriminate
ASIAN anti-narcotic work. of non- glandular hairs which contain at their base sexual intercourse or acts with males for hire.
Societal role in drug abuse prevention called “ Spheroidal crystolith” of calcium carbonate. Whores/Knockers== It is the name often used for all
Different sectors of society play vital roles in types of prostitute.
preventing drug abuse. all should exert concerted CHEMICAL Pimp== One who provides gratification for the lust of
efforts to fight the spreading tentacles of this menace. “ DUQUENOIS – LEVINE TEST “ – the only others.
NARCOTIC CONTROL AND INVESTIGATION satisfactory chemical test for the identification of White Slavery= The procurement and transportation
GENERAL DRUG TESTS marijuana. of women across satellite for immoral purpose.
Drugs Test Used Color Reaction THC – Tetrahydrocannbinol – the active principal Types of Prostitutes
Opium Marquis Test Purple/ Violet of the marijuana plant. 1. Call Girls
Heroin Nitric Acid Yellow-Green REAGENTS These are the part time prostitutes, they have
Morphine Nitric Acid Red Orange DUQUENOIS REAGENT – this reagent may be kept their own legitimate work or profession but works as
Cocaine Cobalt Blue for some time in glass – stopped red bottles in a cool a prostitutes to supplement their income.
Thiocyanate dark place. It should be discarded after it assumes a 2. Hustler
Barbiturates Dille – Kopanyl Violet deep yellow color.
71
 The professional type of prostitutes, they may
be a bar or tavern pick-up girls or a street walker.
3. Door knocker
This is the occasional or selective type of
prostitutes; they are usually newcomers in the
business.
4.Factory Girls
Are the real professional type of prostitutes,
they works in regular houses of prostitution or
brothels.
Definition of Gambling
It is a game or scheme wherein the result of
which depends wholly or chiefly upon chance or
hazard.
Chance of Hazard
It is the uncertainty of the result of the game
when the outcome of the game is incapable of
calculation by human reason, foresight, capacity or
design.
Definition of Alcoholism
It is the state or condition of a person produced
by drinking intoxicating liquors excessively and with
habitual frequency.
Definition of Alcoholics
Person who, from the prolonged and excessive
use alcoholic beverages develops physical and
psychological changes and dependence on alcohol.
Kinds of Intoxication
1.Involuntary=When a drunk person does not know
the intoxicating strength of the beverage he has
taken.
2. Intentional=When a person deliberately drinks
liquor, fully knowing its effects, either to obtain
mitigating or to find the liquor as stimulant to commit
crime.
3. Habitual= When the person finds that drinking is a
constant necessity and the vice ultimately takes hold
of him.
Various Degree of Intoxication
1. Slight Inebriation= There is reddening of the
face, and there is no sign of mental impairment, in-
coordination and difficulty of speech.
2. Moderate Inebriation= The person is
argumentative and overconfident, and there is slight
impairment of mental faculties, difficulty of
articulation, and loss of coordination of finer
movements.
3. Drunk=The mind is confused and disoriented,
there is difficulty in speech and marked motor in-
coordination and often walking is impossible.
4. Coma= The subject is stuporous or in a comatose
conditions, and sometimes it is difficult to
differentiate this conditions with other conditions
having coma.
FIRE TECHNOLOGY AND ARSON
INVESTIGATION
WHAT IS FIRE?
Fire is a chemical reaction that involves the
evolution of light and energy in sufficient amount to
be perceptible.
The following are the early means of producing
fire:
1.Two Sticks. One of the oldest methods of starting
fires consists of rubbing two sticks together. The
rubbing creates friction between the sticks, and the
friction generates heat. This heat eventually causes
the wood to ignite. This method often times takes a lot
of time and energy.
2.Hand Drill. The hand drill is a more efficient
method of rubbing two pieces of wood together.
Rapidly spinning a stick of wood against another
piece of wood can generate enough friction and heat
to cause the wood to ignite.
3.Bow Drill. As people developed tools, they
adapted some of these fire making. Drawing the bow
back and forth spins the stick rapidly against the
piece of wood, producing a large amount of friction.
72
This friction between the stick and the piece of wood
can heat the wood until it ignites.
4.Weighted Bow Drill.The weighted bow drill
generates more friction than the bow drill by
weighing down the wooden stick, making it push with
more force against the other piece of wood. Moving
the bow back and forth creates frictional heat
between the stick and piece of wood, which can
ignite the wood.
5.Magnifying Glass. People have used magnifying
glasses and sunlight to light fires since the invention
of lenses several thousand years ago. The magnifying
glass focuses the sunlight on tinder, and the energy
of the sunlight heats the tinder until it ignites.
COMPONENTS OF FIRE
Fire is, in some ways, like living things. Both
fire and animals require the same elements to exist,
and each ceases to exist if any one of these elements
is withdrawn. As the animal needs food, the fire
needs fuel; and the animal requires oxygen, the fire
also requires oxygen; and as the animal requires
warmth, the fire also requires heat. Therefore, to
create fire we must have fuel, oxygen, and heat
In flaming combustion, fuel and the oxidizing agent
are both in the gaseous state; hence this is referred to
as gas-to gas-reaction.
Two kinds of Combustion
1. Glowing combustion – represented by the Fire
Triangle
2. Flaming Combustion – represented by the Fire
Tetrahedron
FUEL AND ITS PHYSICAL STATES
Fuel. Any materials or substances capable of
burning can be considered as Fuel. Fuels are
characterized as: (P.S.B.R.C.)
a.Solid Fuels. The principal component is carbon.
b.Liquid Fuels. The principal component is
hydrocarbon.
c.Gaseous Fuels. The principal component is
hydrocarbon.
Solid Fuels. The most obvious solids fuels are
woods, fibers and plastics (Abis, 1986).
(1) Wood and wood-based products.
Pyrolysis of Wood
➢ Before solid fuel will burn, it must be
changed to the vapor state. In a fire
situation, this change usually results from
the initial application of heat.
➢ Pyrolysis is generally defined as “chemical
decomposition of matter by the action of
heat”. (Aguado, 2000). It involves the
following process:
1. Heat is absorbed by the fuel
2. Molecules are driven off
3. Molecules are broken into pieces
4. They give off combustible vapors.
FACTORS AFFECTING IGNITION AND
BURNING OF WOOD
1. Physical Form – size
2. Moisture Content
3. Heat of Conductivity – poor or good
conductor
4. Rate and Period of Heating. Combustible
solids are usually considered less
hazardous compared to flammable liquids
or gases because they do not vaporize
readily nor do they give off flammable
vapors at ordinary temperature and
atmospheric pressure.
5. Rate of Combustion. It is influenced by
physical form of combustible, the air supply
present, the moisture content and other
factors.
6. Ignition Temperature. Specific ignition
temperatures of wood are difficult to
determine because of the variables
concerned.
Ignition temperature of wood varies widely
depending on a number of variables:
a.The specific gravity of a sample.
b.The physical characteristics of sample, i.e.
size,moisture content.
c.The rate and period of heating.
d.The nature of heat source. Luminous or non-
luminous
e.The air (oxygen) supply. – air-tight or open area
(2) Fibers and Textiles. Almost all textiles fibers are
combustible. Since textiles are an intimate part of
daily living – clothes we wear, carpets, curtains,
beddings etc. – there is a high involvement of textiles
in fire.
Factors that influence the burning of textiles
1. Chemical composition
a. Natural Fibers
b. Synthetic or Artificial fibers
2. Fiber finish. If sufficient combustible
coating or decorative materials are placed
on fabric, this will support continued
flaming.
3. Fabric weight. The heavier the fabric of the
same composition, the more considerable
resistance to ignition.
4. Tightness of weave. The closer the fibers
are in the weaving of fabrics the more it will
minimize the air spaces between them and
thus delay the rate of burning.
5. Flame retardant treatment. The effect of
chemical treatments in reducing the
flammability of combustible fabrics is
varied and complex.
(2) Plastics.
B. Liquid Fuels. The most common liquid fuels are
kerosene, gasoline, oil based products, and other
volatile substances (though they may be compressed
slightly).
Classification of Liquid fuels
73
Solid fuels are classified into flammable and
combustible solids (Abis, 1986).
1.Flammable liquids. It refers to any liquid having a
flashpoint below 37.8 *C.
2.Combustible liquids. It refers to any liquid having
a flashpoint at or above 37.8 *C.
Flammable and combustible liquids, strictly
speaking, will not cause fire. It is then the vapors
from the evaporation of these liquids when exposed
to air and under the influence of heat, which will burn
or explode. (Redsicker and O’connor, 1997).
C.Gaseous Fuels. Gaseous fuels are either natural
or manufactured flammable gases. They have no
definite shape or volume, and assume the shape and
volume of their container. (Abis, 1986).
Classification of Gases According to Physical
Properties
1.Compressed gas. Is one which at all normal
atmospheric temperature inside its container, exist
solely in the gaseous state under pressure.
2.Liquefied gas. Is one in which, at normal
atmospheric temperature inside its container, exist
partly in the liquid state and partly in the gaseous
state.
3.Cryogenic gases. Is a liquefied gas which exist in
its container at temperature far below normal
atmospheric temperature.
Classification of Gases According to Usage
1.Fuel Gases.These are customary used for burning
with air to produce heat, which in turn is utilized as
power, light and process.
2.Industrial Gases. These are used for industrial
processes as those used in welding and cutting.
3.Medical Gases. Theseare used for treatment and
respiratory therapy.
Hazards of Gases
1.Hazards of confinement
a. Gases expand when heated, and when confined,
the heating results in an increase in pressure, which
can result in gas release and/or cause container
failure.
b.Heat container can fail due to contact with flames
from an exposing fire, thus loss in strength of the
material of which the container is made.
2.Hazard of Gas when released from their container.
It may vary with the physical and chemical properties
of the gas and the nature of the environment into
which they were released.
PHYSICAL PROPERTIES OF MATTER RELATED
TO FIRE
1.Specific gravity. It is the weight of a substance
compared with an equal volume of water
=(thus, water = 1.0). Most flammable liquids have a
specific gravity of less than that of water. Gasoline’s
specific gravity is 0.70, so it will float on water. That of
carbon disulfide is 1.3, so it will sink in water
2.Boiling point. The constant temperature at which
the vapor pressure of the liquid is equal or above to
the atmospheric pressure.
3.Ignition temperature. The temperature at which a
flammable material will ignite, whether it be gas,
liquid, or solid; for example:
4.Flash point. The temperature at which the vapors
given off (gas) is not sufficient in quantity to burn. For
example, the fire point of gasoline, this is –50 *F, for
kerosene, 110 *F.
5.Fire Point. The temperature at which the material
will give off vapors in sufficient quantity to sustain
combustion (burning).
CHEMICAL PROPERTIES OF FIRE
1.Endothermic Reactions. These are changes
whereby energy (heat) is absorbed or is added
before the reaction takes place.
2.Exothermic Reactions. Are those that release or
give off energy (heat) thus they produced substances
with less energy than the reactants.
3.Oxidation. It is a chemical change that is
exothermic. It is actually the deterioration or aging of
materials.
4.Flames.It refers to incandescent gases. In order to
be sustained, it should maintain a high temperature
and a concentration of short-lived intermediate
chemical reactions between fuel and oxidizer. There
are different types of flames, categorized as:
Based on color and completeness of
combustibility of fuel:
1.Luminous flame is orange-red, will deposit soot at
the bottom of a vessel being heated due to
incomplete combustion of fuel and has a lower
temperature.
2.Non-luminous flame is blue, will not deposit soot
due to almost complete combustion of the fuel and
has relatively high temperature.
Based on fuel and air mixture:
1.Premixed flame is exemplified by the Bunsen-type
laboratory burner where the hydrocarbon is
thoroughly mixed with air before reaching the flame
zone.
2.Diffusion flame is observed when gas (fuel) alone is
forced through the nozzle into the atmosphere, which
diffuses, in the surrounding atmosphere in order to
form a flammable mixture. The rate at which the fuel
and oxidizer are brought together determines the
characteristics of a diffusion flame.
Based on smoothness:
1.Laminar flames are flames that follow a smooth path
through a gaseous flame.
2.Turbulent flames are those having unsteady,
irregular swirls and eddy. As physical size, gas
density or velocity is increased, all laminar gas flows
tend to become turbulent.
WHAT IS HEAT?
Heat is described as a condition of “matter in motion”
caused by the movement of molecules. All mater
contains some heat, regardless of how low the
temperature, because molecules are constantly
moving. When a body of matters is heated, the speed
74
of molecules increases and thus the temperature
increases. Heat is an essential element in converting
fuel to its gaseous state.
Sources of Heat Energy
1.Chemical heat energy. Chemically produced heat
is the result of rapid oxidation. This source of heat is
generated as the result of some type of chemical
reactions. The four types of chemical reactions that
result in heat production are heat of combustion,
spontaneous heating, heat of decomposition and heat
of solution.
a.Heat of combustion. It is the amount of heat
released during the complete oxidation where the
organic fuel is converted to water and carbon
dioxide.
b.Spontaneous heating. It is the process of increase
in temperature of a material as a result of slow
oxidation, that is, without drawing heat from its
surrounding, until the ignition temperature results
into combustion.
c.Heat of decomposition. It is the heat produced by
the decomposition of compounds requiring the
addition of heat for their formation.
d.Heat of solution. It is the heat released by the
solution of matter in a liquid. Some acids, when
dissolved in water, can produce violent reactions,
spewing (emitting) hot water and acid with explosive
force.
e. Mechanical heat energy. Mechanical heat is the
product of friction. Our ancestors rubbed sticks
together to generate heat to start a fire. Internal metal
components of machinery can overheat, due to
lubricant breakdown or ball-bearing failures, and
cause ignition of available combustibles.The
following the examples of mechanical heat energy:
f.Frictional heat. It results when mechanical energy
is used in overcoming the resistance to motion when
two solids are rubbed together.
g.Overheating of machinery. It may cause fire from
the heat accumulated from the rolling, sliding or
friction in machinery or between two hard surfaces,
at least one of which is usually a metal. Ignition
sources in this category are heated bearings or
rotating machinery and belts, which becomes over
heated due to the pulley slippage.
h.Heat of compression. The heat that is released
when gas is compressed.
2.Electrical heat energy. Electrical heat is the
product of arcing, shorting or other electrical
malfunction. Poor wire connections, too much
resistance, a loose ground, and too much current
flowing through an improperly sized wire are other
sources of electrical heat.
The following the examples of electrical heat
energy:
a.Resistant heating. Refers to the heat generated by
passing an electrical current through a conductor
such as wire or an appliance. Resistant heating is
increased if the wire is not large enough in diameter
for the amount of current. Fires are caused when a
simple extension cord is overloaded with too many
appliances plugged into it.
b.Leakage current heating. It occurs when a wire is
not property insulated well enough to contain all the
current. Some current leaks out into the surrounding
material such as inside the wall of a structure. This
current causes heat and can cause a fire.
c.Heat from arcing. A type of electrical heating that
occurs when the current flows is interrupted.
Interruption may be from an open switch or a loose
connection. Arc temperatures are extremely high
and may even melt the conductor.
d.Inductive heating. Whenever atoms are subjected
to electric potential gradients from external sources,
the arrangement of the atoms (or molecules of
several atoms) is distorted with a tendency for
electrons to move in the direction of opposite
direction.
3.Nuclear heat energy. Nuclear energy is the
product of the splitting or fusing of atomic particles
(fission or fusion, respectively). The tremendous heat
energy in a nuclear power plant produces steam to
turn steam turbines. When more heat is produced
than is lost (transferred), there is a positive heat
balance. When more heat is lost than is produced,
there is a negative heat balance.
a.Nuclear fission. It occurs when a subatomic
particle called neutron bombards an appropriate
type of nucleus. The nucleus then splits into two
lighter nuclei and at the same time releases
tremendous amount of energy in the form of kinetic
energy of the fission fragments.
b.Nuclear Fusion. It includes all nuclear reactions in
which two lighter nuclei combined to form heavier
nucleus with the emission of other particles or
gamma rays.
4.Solar heat energy. The energy transmitted from the
sun in the form of electromagnetic radiation is called
solar heat energy.
Heat Transfer
=Law of Heat Flow – specifies that heat tends to flow
from a hot substance to a cold substance. The colder
of two bodies in contact will absorb heat until both
objects are at the same temperature. Heat can travel
throughout a building by one or more of the three
methods, conduction, convection and radiation.
1.Conduction. It is the transfer of heat from a region
of higher temperature to a region of lower
temperature by increased kinetic energy. This
increased kinetic energy is passed from molecule to
molecule. Conductors are materials that heat can
pass through. Not all materials are good conductors.
2.Radiation. Radiation is the process of heat transfer
by means of infrared radiation, a form of
electromagnetic wave. Electromagnetic waves do not
need any material medium for their propagation.
Space is almost completely empty, so the sun’s heat
cannot reach us by conduction or convection.
Because electromagnetic waves don’t need a
medium they are able to travel through space.
3.Convection. It is the transfer of heat through a
circulating medium, usually air or liquid Heat transfer
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in convection is cheaply responsible for the spread of
fire in the structure.
Fire Behavior
Thermal Balance
- It refers to the rising movement or pattern of
the fire.
- The normal behavior when the fire is
undisturbed.
Thermal Imbalance
- The abnormal movement of fire due to
interference of foreign matter.
- It often confuses the fire investigator in
determining the exact point where the fire
originated.
Dangerous or Fatal Behavior of Fire
1. Back Draft
- It is the sudden and rapid (violent) burning of
heated gases in a confined area that occurs in
the form of explosion.
- The explosion is a result when air or oxygen
is suddenly introduced in an area where
there is tremendous amount of incomplete
combustion products.
- These radical gases do not burn even if
ignition temperature has been reached
because there is lack of oxygen.
Characteristics of Back Draft
a.Fire gases are under pressure
b.Existence of black smoke that is becoming dense
gray yellow
c.Confinement of excessive heat
d.There is little flame or no visible flame
e.Smoke leave the building in puffs or by intervals
f.Windows are smoke stained
g.Muffled sounds are heard inside the building
h.Violent rushing of air inside when opening is made
i.Pressurized smoke exiting small openings
1..Flashover=It is the sudden ignition of accumulated
radical gases produced when there is incomplete
combustion of fuels. It is the sudden burning of
accumulated free radicals , which is initiated by a
spark or flash produced when temperature rises until
flash point is reached.
2.Bite Back=A fatal condition that takes place when
the fire resists extinguishments operation and
becomes stronger and bigger instead.
3.Flash fire=It is better known as dust explosion.This
may happen when a metal post that is completely
covered with dust is going to be hit by a lightning.
The dust particles covering the metal burn
simultaneously thus creating a violent chemical
reaction that produces a very bright flash followed by
an explosion.
Phases of Fire and Its Behavior
PHASES OF FIRE OR BURNING
Factors to be considered in determining phases of
burning:
1.The amount of time the fire has burned;
2.The ventilation characteristics of the confining
structure;
3.The amount and type of combustibles present.
A.Incipient/ Beginning phase/Initial phase or
stage
Characteristics:
a.Normal room temperature
b.The temperature at the base of the fire is
c.400-800’ F
d.Ceiling temperature is about 200’ F
e.Flame temperature of 1000 degrees F
f.Oxygen plentiful
g.Thermal updraft rise accumulates at higher point
h.Producing pyrolysis products: ( CO2, CO, SO2,
water vapor and other gases )
B.Free-Burning phase- The second phase of
burning in which materials or structures are burning
in the presence of adequate oxygen.
Characteristics:
a.Accelerated pyrolytic process
b.Temperature at the base of fire is 800-1000’ F
c.Temperature at the ceiling is 1200’-1300’ F
d.Fire has involved more fuel
e.Oxygen supply is depleted
f.Heat accumulate at upper area
g.Temperature exceeds 1,300 degrees F (705
degrees C )
h.Area is fully involved
i.Pyrolytic decomposition moves upward on the walls
(crawling of the flame) leaving burnt patterns ( Fire
fingerprints )
j.Occurrence of flashover
C.Smoldering Phase- the final phase of burning
wherein flame ceases but dense smoke and heat
completely fill the confined room.
Characteristics:
a.Oxygen content drops to 13% or below causing the
flame to vanish and the heat to develop in layers
b.Ceiling temperature: 1000-1300’ F
c.Flames may die and leave only glowing embers or
super heated fuel under pressure with little oxygen
d.Intense heat will vaporize lighter fuel components,
such as Hydrogen and methane, increasing the
hazard
e.Temperature throughout the building is very high
and normal breathing is not possible
f.Oxygen deficiency may cause backdraft
1.The Incipient Phase. It is the earliest phase of
fire with the actual ignition. The fire is limited to
the original materials of ignition. In the incipient
phase, the oxygen content in the air has not been
significantly reduced, and the fire is producing water
vapor (H2O), carbon dioxide (CO2), a small quantity
of sulfur dioxide (SO2), carbon monoxide (CO) and
other gases. The behavior of fire during the incipient
phase is “rollover”, sometimes referred to as
“flameover”. It takes place when unburned
combustible gases released during the incipient
phase accumulate at the ceiling level. These
superheated gases are pushed, under pressure, away
from the fire area and into uninvolved areas where
they mix with oxygen.
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2.Steady – state Burning Phase or Free Burning
Phase. It is the phase of fire where sufficient oxygen
and fuel are available for fire growth and open
burning to a point where total involvement is
possible. During this phase of fire, the rate and
intensity of open burning increases geometrically.
3.Hot Smoldering Phase. After the steady-state
burning phase, flames may cease to exist if the area
of confinement is airtight. In this state, burning is
reduced to glowing embers. As the flames die down,
the room becomes completely filled with dense
smoke and gases. The resulting superheated mixture
of gases needs only a fresh supply of oxygen to
resume free burning at an explosive rate. This type of
explosive is referred to as a backdraft or smoke
explosion. Backdraft is an explosion resulting from
the sudden introduction of air (oxygen) into a
confined space containing oxygen-deficient
superheated products of incomplete combustion. A
backdraft may result if someone opens a ‘hot door”.
This is why firefighters are trained to touch a door
with their bare hands and feel its temperature before
opening it.
Classification of Fires
➢ Based on Cause
Natural fire– fire caused naturally without human
intervention. Spontaneous heating – automatic
chemical reaction that results to spontaneous
combustion due to auto-ignition of organic materials;
the gradual rising of heat in a confined space until
ignition temperature is reached; a slow oxidation
process that is exothermic in nature; it involves the
exothermic decomposition of organic materials in a
confined area; a slow process causing burning of a
plant combustible material even without an external
source of heat.
Factors affecting the development of spontaneous
combustion:
*Air supply
a.Insulating materials
b.Temperature
*Lightning – a form of static electricity; a natural
electric current with great magnitude, producing
tremendous amperage and voltage
Forms :
a.Hot Bolt – longer in duration, capable only of
igniting combustible materials
b.Cold Bolt – shorter in duration; capable of
splintering a property or literally blowing apart an
entire structure; produces electrical current with
tremendous amperage and very high temperature
*Radiation of Sunlight – when a light hits a concave
mirror, concentrating the light on a combustible
material thereby igniting it
2. Accidental fire-human action is involved directly
or indirectly
*Electrical Accidents
a.Short- circuit – unusual or accidental connection
between two points at different potentials (charge) in
an electrical circuit of relatively low resistance
b.Arcing – production of sustained luminous
electrical discharge between separated electrodes;
an electric hazard that results when electrical current
crosses the gap between two electrical conductors
c.Sparking – production of incandescent particles
when 2 different potentials (charged conductors)
come in contact; occurs during short-circuits or
welding operations
d.Induced current – sudden increase of electrical
current resulting to the burning of insulating
materials, exploding of the fuse-box, or burning of
active electrical appliances.
d.Overheating of electrical appliances
*Purely accidental causes
a.Ignorance in using volatile substances or chemicals
b.Overfilling of fuel tanks
c.Spilling of flammable liquids
*Negligence and other forms of human error
a.Smoking
b.Misuse of fuel and explosives
c.Misfiling of fuel tanks
d.Motor vehicle traffic accidents
3. Intentional fire/Arson/Incendiary fire -as a
result of the willful and criminal action of some
persons
4. Unknown fire -fires which are not classified as to
cause
ACCELERANT – highly flammable chemicals that
are used to facilitate flame propagation.
PLANT – the preparation and/or gathering of
combustible materials needed to start a fire
TRAILER – the preparation of flammable substances
in order to spread the fire
➢ Plants – refers to the preparation of materials used as
fuel to start fires such as rags, newspapers, plastic,
clothing, fabrics wood shavings and other
combustible materials which is easily acquired.
➢ Trailers – A device used to spread the fire throughout
the structure. The most common trailers used are fuel
oil, gasoline, and paint thinner and lighter fluids.
➢ Accelerants – Refers to any combustible liquid which
is used to speed up or hasten the start of the fire.
Based on Burning Fuel ( 4 classes of Fire )
1.Class A Fires – Ordinary fire; type of fire resulting
from the burning of wood, paper, textiles, rubber and
other carbonaceous materials. In short, this is the
type of fire caused by ordinary combustible
materials.
2.Class B Fires – Liquid fires; caused by flammable
and/or combustible liquids, such as kerosene,
gasoline, benzene, oil products, alcohol and other
hydro-carbon derivations.
3.Class C Fires – Electrical fires; fires that starts in
live electrical wires, equipment, motors, electrical
appliance and telephone switch boards.
4.Class D Fires – Fires that results from the
combustion of certain metals in finely divided forms.
This combustible metals include: Magnesium,
Powdered calcium, lithium, potassium, Zinc,
Zirconium, Sodium and Titanium.
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5.Class K Fires – These are materials involved in the
kitchen fires. This classification was added to the
NFPA portable extinguishers standard in 1988.
Products of Combustion
When a fire occurs, certain by-products of fire
dangerous to human being will appear (P.S.B.R.C.).
1.Heat. It is a form of energy that is measured in
degrees of temperature to signify its intensity. The
following are the dangers of heat:
2.Flame. It is the visible, luminous body of a burning
gas. When the burning gas is mixed with the proper
amount of oxygen, the flame becomes hotter and less
luminous.
3.Smoke. It is encountered at most fires, consists of a
mixture of oxygen, nitrogen, carbon dioxide, carbon
monoxide, finely divided that have been released
from the material involved.
4.Fire Gases. Refers to those gases that remain when
the product of combustion are cooled below normal
temperature. Gases formed by a fire depends on
many variables among which are:
a.The chemical composition of the burning materials.
b.The amount of oxygen available for combustion.
c.The temperature.
1.Carbon Dioxide. All wood products contain carbon,
thus they produced carbon dioxide when burned
even in small fires. It’s colorless and tasteless.
2.Carbon monoxide. One of the most dangerous by-
products of fire is due to unburned particles of fuel.
*Colorless, odorless and highly toxic.
*0.2% by volume can cause death in 30 to 40 minutes.
*0.5% by volume can cause serious illness if breathe
for a long time.
*Highly explosive range from 12.5% - 14 % sudden
ignition of air and highly concentrated areas can
easily cause explosion.
A.Ashes and embers. It is a by-product of some
classes of fire; class A always leaves ashes and
embers, whereas Class C may only leave small
amount, Class B never leaves.
b.Hydrogen Sulfide. When materials like rubber,
skin, hides, wool, hair, silk and meat are burned one
of the products formed is hydrogen sulfide. This
colorless, highly toxic gas smell like rotten eggs.
c.Sulfur Dioxide. This colorless gas with irritating,
suffocating odor is formed when sulfur and sulfur
containing organic substance like wood, rubber,
wool and silk are burned. Sulfur dioxide causes the
eyes to be watery and is irritating to the respiratory
tract.
d.Hydrogen Chloride. Chloride containing plastic
materials will produce hydrogen chloride when
burned.
e.Hydrogen Cyanide.
f.Nitrogen Dioxide. The reddish-brown gas nitrogen
dioxide is produced during the decomposition and
combustion of cellulose nitrate, ammonium nitrate
and other inorganic nitrates. It is also formed when
nitric acid comes in contact with metals or
combustible materials.
g.Acrolein. It is highly irritating and toxic gas
produced when petroleum products, fats, oils and
other common substances undergo combustion.
FIRE FIGHTING EQUIPMENT
The most important equipment of a fire
department includes (1) communication systems, (2)
fire trucks, and (3) special fire vehicles. In addition,
the firefighters themselves require special protective
clothing/
Communication systems are necessary to
alert fire departments to the outbreak of a fire. Most
fire alarms are telephoned to the fire department.
Most other alarms are sent from automatic
Fire Trucks
The term “fire truck” usually means any other
type of truck used to carry equipment or people to a
fire or emergency. When a firefighter says “truck”
though, they usually mean a “hook and ladder” or
“aerial ladder” truck.
There are different types of fire trucks. All have
a different job to do. Some pump water, some raise
ladders, and some are used to take people to the
hospital. Many are used to carry the equipment
firefighters need for a special emergency, like train
wreck when a building collapse.
Many fire departments have several different
types of fire trucks. The main types are (1) fire
engines, (2) ladder trucks, (3) rescue trucks and (4)
aerial ladder trucks.
A truck that pumps water to the fire is called a
“fire engine” or a “pumper”. Today, most fire
engines also carry hose in a large storage area in the
rear of the truck.
Ladder Trucks
There are two kinds of ladder trucks – aerial
ladder trucks and elevating platform trucks. An aerial
ladder truck has a metal extension ladder mounted
on a turntable. The ladder can be raised as high as
100 feet (30 meters), or about eight stories. An
elevating-platform truck has a cage like platform that
can hold several people. The platform is attached to a
lifting device that is mounted on a turntable. The
lifting device consists of either a hinged boom (long
metal arm) or an extendable boom made of several
sections that fit inside each other. The boom on the
largest trucks can extend 150 feet (46 meters). A
built-in hose runs the length of the boom and is used
to direct water on a fire. In most cases, a pump in a
nearby engine generates the pressure needed to
spray the water. However, ladder trucks called quints
have their own pump.
Rescue Ladders
Rescue ladders are enclosed vehicles
equipped with many of the same kinds of forcible
entry tools that ladder truck carry. But rescue trucks
also carry additional equipment for unusual rescues.
They have such tools as oxyacetylene torches, for
cutting through metal, and hydraulic jacks, for lifting
heavy objects.
Special Fire Vehicles
Special fire vehicles include airport crash
trucks and hazardous material trucks. Airport crash
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trucks are engines that spray foam or dry chemicals
on burning aircraft. Water is ineffective against many
aircraft fires, such as those that involve jet fuel,
gasoline, or certain metals.
Protective Clothing
Firefighters require special clothing for
protection against flames, falling objects, heat, toxic
gases or lack of oxygen, loss of vision, loss of
communication, and physical damage.
Ladder
Ladder is a portable piece of equipment with
rungs attached to sides made of metal, wood, or
rope, used for climbing up or down (Microsoft
Encarta Dictionary, 2002).
Fire service ground ladders are designed to
perform varying functions. The specific task at hand
will determine the type of ladder to be used. These
functions are usually similar, but considering the
diversity to which each and every one of us may be
assigned, especially for those who may fall under
foreign trained officers/personnel, it will be
advantageous that everybody are made familiar with
various ladder types to gain a better understanding
of each one and as much as possible will be able to
identify and make use of each.
Types of Ladder
Single or Straight Ladder. A type of ladder that is
non-adjustable in length and consists only of one
section; sometimes called a wall ladder, used for
quick access to windows and roofs of one and two-
story buildings. (12’, 14’, 16’, 18’, and 24’)
Extension Ladder. A type of ladder that is adjustable
in length. It consists of two or more section, which
travels in guides or brackets to permit length
adjustment. It provides access in windows and roofs
within the limits of extendable length. Extra long
ladders are usually equipped with stabilizing poles,
called tormentors (24’ to 55’’ in length). A baby
extension (baby Bangor) is a 12-foot long extension
ladder without a halyard for raising the fly section.
The hand-raised fly is held in position by engaging its
heel spurs over the upper rungs of the main section.
Roof Ladders. These are single ladders equipped
with folding hooks at the top end which provides
means to anchor the ladder over the roof ridge or
other roof parts. Roof ladders are generally used to
lie flat on the roof surface, so that firefighters may
stand on the ladder for roof work and the ladder will
distribute their weights and help prevent slipping. It
may be used as single ladder wall. Their lengths
range from 12 to 20 feet.
Folding Ladders. These are single ladders that have
hinges rungs, allowing them to be folded up so that
one beam rests against the other. It provides a means
of reaching through opening into attics and lofts and
other areas which are somewhat difficult to reach
without a special ladder. Constructed so that they
can be folded or collapsed for small or closet work,
folding ladders are usually short in length since they
only required reaching a short distance.
Aerial Ladder. It is power operated metal ladder
mounted on specially build chassis. The aerial ladder
is hydraulically powered and may be mounted on a
single chassis or three-axle tractor drawn vehicle. It
consists of a continuous walkway for the purpose of
fire and rescue operations and ranges in lengths of
65-135 feet (20-41 meters). The most modern of this
type is made by Colla Spa in Italy now being
operated by Madrid Fire Department, Spain with
maximum reach of 72 meters.
Tower Ladders. It combines some features of both
aerial ladder equipment and elevating platforms. A
telescoping boom has a ladder mounted on it, but the
top working area is a partially enclosed platform.
Various ground ladders are also carried.
Elevating Platforms. Although elevating platforms
are not considered to be ladders, some elevating
platform apparatus carry ground ladders. This
apparatus has some features, which is similar to
aerial ladders, but they are primarily a portable
elevator controlled by an operator.
Pompier Ladders. It consists of a large gooseneck
hook at the tip, witha single bed through which the
rungs project. At one time the pompier ladder was
used by firefighters to reach the upper stories of tall
buildings, beyond the reach of ground or aerial
ladders but their use has diminished greatly.
Pole Ladders. These are extension ladders that have
stay poles for added stability. The lengths vary from
35-65 feet (11-20 meters). They are of truss
constructions and have one up to three fly sections.
Combination Ladders. These are designed so that
they may be used as single extension or “A” frame
ladder. Lengths of this type of ladder vary from 8-14
feet (2-4.3 meters).
Articulating Aerial Tower. It is an apparatus
consisting of two or more boom sections within
enclosed platform attached to the top of the boom.
The platform provides a stable base to carry out both
fire and rescue operations. They are equipped with
built in piping and nozzles to provide elevated
streams and ranges in lengths from 50-150 feet (15-46
meters).
Parts of an Extension Ladder
1.Base Section/Bed Section/Main Section. It refers
to the lower section of an extension ladder.
2.Beam. It refers to the side rail (bar) of a ladder.
3.Dogs/Locks/Pawls. These are metal devices used
to hold the fly section in place after it has been
raised.
4.Fly Section. It refers to the upper section or top
portion of an extension ladder.
5.Guides. These are woods or metal strips on an
extension ladder which guide the fly section while
being raised.
6.Halyard. A rope used for hoisting (raising) fly
sections.
7.Heat Sensor Label. A level affixed to the ladder
beam near the tip used to provide warning that the
ladder has been subjected to excessive heat.
8.Heel (Butt). It is the bottom or ground end of a
ladder.
9.Heel Plates. These are metal safety plates attached
to the heel of a ground ladder to stabilize the ladder
and protect the beam.
79
10.Hooks. A curved, sharp metal device (two in
number) which folds outward from each beam at the
top end of a roof ladder.
11.Protective Plates. These are plates fastened to a
ladder designed to prevent wear at point where it
comes in contact with mounting brackets.
12.Pulley. A small grooved wheel through which the
halyard is drawn.
13.Rails. The two lengthwise members of a trussed
ladder beam which are separated by truss or
separation blocks.
14.Rungs. These are cross members (usually round)
between the beams on which people climb.
15.Safety Shoes or Shoes. These are rubber or
neoprene spike plates, usually of the swivel type,
attached to the heel of ground ladders.
16.Spurs. These are metal points at the lower end of
tormentor’s poles.
17.Stay Poles. These are poles which are attached to
the long extension ladder to assist in raising and
steadying the ladder, some of which are permanently
attached and some are not.
18.Stops. These are woods or metal pieces which
prevent the fly section from being extended too far.
19.Top or Tip. It is the extreme top of the ladder.
20.Truss Block. It is the separated pieces between
the rails of a trussed ladder used to support the
rungs.
Fire Hose
Fire hose is a type of flexible tube used by
firefighters to carry water under pressure from the
source of supply to a point where it is discharged to
extinguish fire.
Parts of a Fire Hose
1.Hose Hoist. It is a device over which rope or hose
may be pulled to hoist or lower equipment when
firefighters are operating in buildings above the
ground level. It consists of a metal frame, curved so
that it will fit over a windowsill or the edge of the roof.
It contains two or more rollers over which rope or
hose may be drawn. This device reduce the
possibility of cutting the hose on the sharp edge of
the wall, cornice, or roof while it is being raised or
lowered.
2.Hose Clamp. It is a tool to shut off the water in hose
lines when other control valves are not applicable. It
is used to replace a burst section of hose, to extend
lines, or to hold water back for line advancement
without shutting off the source of supply.
3.Hose Jacket. It is used to seal small cuts or breaks
which may occur in fire hose or to connect damaged
couplings of the same size.
4.Hose Spanner Wrench. It is used to tighten or
loosen hose couplings, but this versatile tool can be
used to close utility cocks, pry, and hammer.
5.Fire Hose Ramps and Bridges. It protects hose
from injuries from vehicles crossing hose lines.
Firefighters at the nozzles will receive sudden jerks
each time a wheel cuts off the water momentarily.
6.Nozzle. A piece of firefighting equipment used to
direct and control a stream of water. The
characteristics of the stream of water or fire stream
are determined mainly by the nozzle.
Fire Extinguisher
Fire extinguisher is a mechanical device,
usually made of metals, containing chemicals, fluids,
or gases for stopping a fire.
Markings Required on Fire Extinguishers
All fire extinguishers manufactured or sold in
the Philippines shall be labeled or marked to show at
least the following: (Sec. 37, PD 1185)
1.Date of original filling to be permanently stamped
on the body near the valve/control assembly.
2.Chemical contents
3.Type of extinguisher – its use
4.Operating instruction
5.Safe procedure in usage
6.Name and address of the manufacturer
7.Name and address of the dealer
Section 37 of the same code enumerates the
prohibited acts with regard to fire extinguishers:
1. Removal of inspection tags attached to fire
extinguisher;
2. Refilling a discharged fire extinguisher with
an extinguishing agent other than what the
unit was designed to contain;
3. Selling fire extinguishers not appropriate to
the hazard; and
4. Selling defective or substandard fire
extinguishers.
Classification of Fire Extinguishers
The following are the classification of Fire
Extinguishers (Aguado, 2000)
A.Portable Fire Extinguishers. These types of fire
extinguishers can be carried to the fire area for a fast
attack. However, they can contain a limited supply of
extinguishing agent. The agent is quickly expelled
from the extinguisher; in most cases, continuous
application can be sustained for only a minute or less.
Types of Portable Fire Extinguishers.
1.Water Fire Extinguishers. These are extinguishers
that use water or a water solution as the extinguishing
agent and is suitable only for class A fires.
Five (5) types of Water Extinguishers
a.Soda-Acid Extinguisher. It has a range of 30 --40
feet and expends itself in about 55 seconds. The shell
of the extinguishers is filled with a solution of 1½ lbs
of sodium bicarbonate and 2 ½ gallon of water.
b.Cartridge-Operated Water Extinguisher. It has a
range of 30 – 40 feet. The container is filled with
water or an antifreeze solution.
c.Pin-Type Cartridge-Operated Extinguisher. A
newer version of the cartridge-operated water
extinguisher and need not be inverted for use.
Instead, a pin is pulled out of the cartridge, with the
extinguisher upright. A lever is squeezed to
discharge the extinguishing agent (water or
antifreeze solution).
80
d.Stored-Pressure Water Extinguisher. It is the most
commonly used portable firefighting tool. It has a
horizontal range of 35 – 50 feet and it will expand its
water in about 55 seconds. The container is filled with
water or antifreeze solution.
e.Pump-Tank Extinguisher. Pump tanks are the
simplest type of water extinguishers. The tank is
filled with water or an antifreeze solution. A hand-
operated piston pump is built into the extinguisher
and is used to discharge water onto the fire. It has a
range of 30 – 40 feet and holds enough water for
about 55 seconds.
2.Carbon Dioxide (CO2) Extinguisher. These
areused primarily on class B and class C fires. The
range varies between 3 – 8 feet and the duration
between 8 – 30 seconds depending on the size.
3.Dry Chemical Extinguisher. It is available in
several sizes, with any of five different extinguishing
agents. All have at least a BC rating; the mono-
ammonium phosphate extinguisher carries an ABC
rating.
4.Dry Powder Extinguisher. It is the only
extinguisher that may be used on combustible metal
(class D fires). It has a range of 6 – 8 feet. The
extinguishing agent is sodium chloride, which forms
a crust on the burning metal.
5.Halon Extinguishers
a.Halon 1211 (Bromochlorodifluoromethane). It has
a horizontal range of 9 – 15 feet and they discharge
their contents in 9 – 15 seconds. Halon 1211 is more
effective than CO2; it leaves no residue and is
virtually non-corrosive. However, it can be toxic, and
its vapors should not be inhaled.
b.Halon 1301 (Bromotrifluoromethane). It has a
horizontal range of from 4 – 6 feet and the discharge
time is 8 – 10 seconds.
B.Semi-Portable Fire Extinguishers. Semi-portable
extinguishers are one from which a hose can be run
out to the fire. The other components of the system
are fixed in place, usually because they are too heavy
to move easily.

Types of Semi-Portable Fire Extinguishers
1. Carbon Dioxide Hose – Reel System. It is
employed in engine rooms and in spaces
containing electrical equipment. The
system is consist of one or two CO2
cylinders, a 1.27 cm diameter hose that is
50 – 75 feet in length.
2. Dry Chemical Hose System. It consists of a
storage tank containing the agent;
pressurized cylinders containing nitrogen
gas, a rubber hose and a nozzle with a
control valve. The nitrogen is used as the
propellant for the dry chemical. System
employing sodium bicarbonate, potassium
bicarbonate or potassium chloride can be
located where class B and Class C fires may
be expected.
3. Halon Hose – Reel System. This system is
very similar to the carbon dioxide system
and is employed to combat class B and
class C fires. Most semi-portable system
use Halon 1301. The system consists of one
or two pressurized cylinders containing the
EXTINGUISHING AGENTS
Cooling: to reduce the temperature. This is a
direct attack on the heat side of the fire tetrahedron.
Water-based or aqueous agents are highly
effective of reducing the temperature of a fire by
absorbing heat. A fire grows by heating nearby fuel,
resulting in vaporization and combustion of an
expanding array of burning surfaces. The application
of water-based agents coats the surface of the fuel,
inhibiting vaporization of the fuel, and likewise
absorbs heat from the combustion zone. Effective and
sustained application of aqueous (composed mostly
of water) agents can reduce the temperature to a
point incapable of sustaining combustion (P.S.B.R.C).
Smothering: to separate the fuel from oxygen.
This can be considered as an attack on the edge of
the fire tetrahedron where the fuel and oxygen meet..
extinguishing agent, a hoseline and nozzle
with an “On and Off” control valve.
A.Fixed Fire – Extinguishing System. Most of the
components of this system are fixed in place.
The primary objective of firefighting is quick
control and extinguishments. This objective can be
achieved only if the extinguishing agent is brought to
the fire rapidly and in sufficient quantity. Fixed fire –
extinguishing systems can do exactly that. In
addition, some of these systems are also capable of
applying the agent directly to the fire without the
assistance of a person.
Design and Installation of fixed systems
Fire extinguishing systems are designed and
installed in a building as a part of its original
construction. The owner of the building and fire
protection engineers generally made this decision to
conform to the provisions of the National Building
Code (PD 1096) and the Fire Code of the Philippines
(PD 11 85).
Before the installation of a fixed system within a
building, the following should be considered:
➢ Fire classes of potential hazards
The use of aqueous agents is also effective in
smothering a fire. Using foam and CO2
Oxygen dilution: to reduce the amount of
available oxygen needed to sustain combustion. This
is an attack on the oxygen side of the tetrahedron.
A foam blanket can float on top of a flammable
or combustible liquid, thus preventing oxygen from
entering the combustion zone and oxidizing the
combustible liquid, while simultaneously cooling the
surface of the liquid (P.S.B.R.C).Water Extinguishing
Agent
Other types of Water Fire Firefighting
Wet Water. A type of water that has been treated with
a chemical agent to lower its surface tension.
The treated water penetrates porous (absorbent)
materials, such as baled cotton and rolls of fabric,
more easily than plain water. Thus it can sink in and
81
➢ Extinguishing agent to be employed
➢ Location of specific hazards
➢ Explosion potentials
➢ Methods of fire detection
➢ Protection of the occupants
Generally, the fire classes of potential hazards
determine the type of system to be installed. The
following are basic guidelines in the installation of
fixed fire – extinguishing system:
➢ Water is used in protecting areas
containing ordinary combustible
materials.
Water Sprinkler System. They are generally
used to protect living quarters, adjacent and
passageways. The system may extinguish fire in
these places. However, their primary function is to
protect the building structure, limit the spread of fire
and control the amount of heat produced. They also
protect the people in these areas and maintain
escape routes.
extinguish fires that have extended into the interior of
the bale or roll.
Thick Water.A type of water that has been
treated to decrease its ability to flow. It forms a thick
wall that clings to burning material and remains in
place longer than plain water. However, it does not
penetrate as easily as wet or untreated water. Thick
water is slippery and makes walking on wet areas
difficult.
Rapid or Slippery Water. A type of water that
has been added with small quantities of polyethylene
oxide. This chemical reduces the viscosity
(thickness) of the water and the friction loss in hose
lines. The result is an increase in the reach of the
stream.
Foam Extinguishing Agent
Foam is a blanket of bubbles that extinguishes
fire mainly by smothering. The bubbles are formed
by mixing water and foam-making agent (foam
concentrate). The result is called a foam solution. The
various foam solutions are lighter than the lightest
flammable oils. Consequently, when applied to
burning oils, they float on the surface of the oil.
Foam concentrates are produced in two
strengths: 3% and 6%. These percentages do not
have an unusual meaning. They are percentages of
the concentrate to be used in making the foam
solution. Thus, if 3% concentrate is used 3 parts of
concentrate must be mixed with 97 parts of water to
make 100 parts of foam solution. If 6% concentrate is
used, 6 parts of concentrate must be mixed with 94
parts of water. The 3% foam solution is just as
effective as the 6% solution. The difference is in
shipping and storing the products. Five containers of
3% concentrate makes as much foam as 10 similar
containers of 6% concentrate.
Types of Foam Extinguishing Agent
a. Chemical Foam. Chemical foam is formed
by mixing an alkali (usually sodium bicarbonate) with
an acid (usually aluminum sulfate) in water. When
chemical foam was first introduced, these substances
were stored in separate containers; they are
combined in scaled airtight container. A stabilizer is
added to make the foam tenacious and long-lived.
b. Mechanical (Air) Foam. Mechanical foam
is produced by mixing foam concentrate with water
to produce a foam solution. The bubbles are formed
by the turbulent mixing of air and the foam solution.
As the name air foam implies, the bubbles are filled
with air. Aside from the workmanship and efficiency
of the equipment, the degree of mixing determines
the quality of the foam. The design of the equipment
determines the quantity of foam produced.
There are several types of mechanical foam.
They are similar in nature, but each has its own
special firefighting capabilities. They are produced
from proteins, detergents (which are synthetics) and
surfactants. The surfactants are large group of
compounds that include detergents, wetting agents
and liquid soups. Surfactants are used to produce
aqueous film-forming foam, commonly referred as
AFFF.
Carbon Dioxide Extinguishing Agent
Carbon dioxide (CO2) extinguishing system
has, for a long time, been approved for building
installation as well as industrial occupancies. Inside
the building, carbon dioxide has been approved for
spaces containing internal combustion or gas turbine
propulsion machinery and other spaces.
Limitations on the Use of Carbon Dioxide
Effectiveness.Co2 is not effective on substances
that contain their own oxygen (oxidizing agents). It is
not effective on combustible metals such as sodium,
potassium, magnesium and zirconium. In fact, when
CO2 is used in burning magnesium, it reacts with the
magnesium to form carbon, oxygen and magnesium
oxide. The fire is intensified by the addition of
oxygen and carbon, a fuel.
Outside Use.To be fully effective, the gas must
be confined. For this reason CO2 is not effective
outside as it is in confined space. This does not mean
that it cannot be used outside. Portable CO 2
extinguishers and hose lines have extinguished many
fires in the open. An outside fire should be attacked
from the windward side; the CO2 should be directed
low with a sweeping motion for a spill fire, or down at
the center of a confined fire. The effective range for a
portable CO2 fire extinguisher is about 1.5m (5 ft).
Possibility of re-ignition. Compared with water
carbon dioxide has a very limited cooling capacity. It
may not cool the fuel below its ignition temperature,
and it is more likely than other extinguishing agents
to allow reflash. When portable CO2 extinguishers or
hose lines from semi portable extinguishers are used,
additional backup water hose lines should be
brought to the scene, in case of live electrical
82
equipment, an additional non-conducting agent must
be brought to the scene.
Hazards. Although carbon dioxide is not
poisonous to the human system, it is suffocating in the
concentration necessary for extinguishments. A
person exposed to this concentration would suffer
dizziness and unconsciousness. Unless removed
quickly to fresh air, the victim may die.
Dry Chemical Extinguishing Agent
Dry chemical extinguishing agents are chemicals in
powder form. Again this should not be confused with
dry powders, which are intended only for
combustible metal fires
Types of Dry Chemical Extinguishing Agent
At the present time, five different types of dry
chemical extinguishing agents are in use. Like other
extinguishing agents, dry chemicals may be installed
in a fixed system or in portable and semi portable
extinguishers.
1.Sodium Bicarbonate. It is the original dry chemical
extinguishing agent. It is generally referred to as
regular dry chemical and is widely used because it is
most economical dry chemical agent. It is particularly
effective on animal fats and vegetable oils because it
chemically changes these substances into
nonflammable soaps. Thus, sodium bicarbonate is
used widely in galley range hood and duct fires.
There is one possible problem with sodium
bicarbonate. Fire has been known to flash back over
the surface of oil when this agent is used.
2.Potassium Bicarbonate.This dry chemical was
originally developed for AFFF in a twinned system.
However it is commonly used alone, it has been
found to be most effective on liquid fuel fires in
driving flames back and has a good reputation for
eliminating flashback. It is more expensive than
sodium bicarbonate.
3.Potassium Chloride.Chloride was developed as
dry chemical that would be compatible with protein
type foams. Its extinguishing properties are about
equal to those of potassium bicarbonate. One
drawback is its tendency to cause corrosion after it
has extinguished a fire.
4.Urea Potassium Bicarbonate. This is a British
development of which the NFPA says. “Urea
potassium bicarbonate exhibits the greatest
effectiveness of all the dry chemicals tested”. It is not
widely used because it is expensive.
5.Monoammonium Phosphate (ABC Multipurpose).
It is otherwise known as multipurpose dry chemical
because it can be effective on class A, B and C fires.
Ammonium salts interrupt the chain reaction of
flaming combustion. The phosphate changes into
methaphosphoric acid, a glassy fusible material at
fire temperatures, the acid covers solid surfaces with
a fire retardant coating. Therefore this agent can be
used on fires involving ordinary combustible
materials such as wood and paper, as well as on fires
involving flammable oils, gases and electrical
equipment. However, it may only control but not fully
extinguish a deep-seated fire. Complete
extinguishments may require the use of a hose line.
In fact it is always prudent to run out a hose line as a
backup when any dry chemical extinguishers is used.
Extinguishing Effects of Dry Chemical
Dry chemical agents extinguish fire by cooling,
smothering, shielding of radiant heat and to the
greatest extent by breaking the combustion chain.
Cooling. No dry chemical exhibits any great
capacity for cooling. However a small amount of
cooling takes place simply because the dry chemical
is at lower temperature than the burning material.
Heat is transferred from the hotter fuel to the cooler
dry chemical when the latter is introduced to the fire.
(Heat is always transferred from a hotter body to a
cooler body. The greater the surface area and the
temperature difference, the greater the heat
transfer).
Smothering. When dry chemical react with the
heat and burning material, some carbon dioxide and
water vapor are produced. These dilute the fuel
vapors and the air surrounding the fire. The result is a
limited smothering effect.
Shielding of Radiant Heat. Dry chemical
produces an opaque cloud in the combustion area.
This cloud reduces the amount of heat that is radiated
back to the heart of fire, i.e., the opaque cloud
absorbs some of the radiation feedback that is
required to sustain the fire. Fewer vapors are
produced, and the fire becomes less intense.
Chain Breaking. Chain reactions are necessary
for continued combustion. In these chain reactions,
fuel and oxygen molecules are broken down by heat;
they recombine into the new molecules giving off
additional heat. This additional heat breaks down
more molecules, which then recombine and gives off
still more heat. The fire thus builds, or at least
sustains itself, through reactions that liberate enough
heat to set off other reactions.
Dry chemical (and other agents such as the
halogens) attack this chain reactions. It is believed
that it does so by reducing the ability of molecular
fragments to recombine. It may itself combine with
the fragments of fuel and oxygen molecules, so that
the fuel is not completely understood, chain breaking
is the most effective extinguishing action of dry
chemical.
Uses of Dry Chemical
Monoammonium phosphate (ABC,
multipurpose) dry chemical may, as its name implies,
be used on class A, Class B and Class C fires and
combinations of these. However, as noted above,
ABC dry chemical may only control, but not
extinguish, some deep seated class A fires. Then an
auxiliary extinguishing method such as water
hoseline is required.
All dry chemical agents may be used to
extinguish fires involving -
1.Flammable oils and greases;
2.Electrical equipment;
83
3.Hoods, ducts and cooking ranges in galleys and
diet kitchens;
4.The surfaces of baled textiles;
5.Certain combustible solid such as pitch,
naphthalene and plastics (except those that contain
their own oxygen); and
6.Machinery spaces, engine rooms and paint and tool
lockers.
Dry Powder Extinguishing Agent
Dry powders were developed to control and
extinguish fires in combustible metal, i.e., class D
Fires. As mentioned earlier dry chemical and dry
powder are not the same. Only dry powder is
intended for combustible metal fires, i.e., those
involving magnesium, potassium, sodium, and their
alloys, titanium, zirconium, powdered or fine
aluminum and some lesser-known metals.
Dry powders are the only extinguishing agents
that can control and extinguish metal fires without
causing violent reactions. Other extinguishing agents
may accelerate or spread the fire, injure personnel,
cause explosions or create conditions more
hazardous than the original fire. Dry powders act
mainly by smothering although some agents also
provide cooling.
FIRE SAFETY CONSTRUCTION
Fire safety construction can be regarded as that
subset of fire engineering which aims towards the
elimination or reduction of fire hazards on buildings
or structures, selection and control of combustible
contents and linings, design the building geometry
and layout. Its principal objectives relate to life safety
and property protection.
Fire science. A subset of science that has direct
contribution to make towards fire safety and fire
protection. It provides the basis on which the practice
of fire safety engineering can be built.
Strategies for Fire Safety
1. Prevention of Ignition. This strategy includes the
following:
a.Control/eliminate ignition sources.
b.Control/eliminate materials that are easily ignited.
c.Use non-combustible materials.
d.Use materials of low ignitability.
2. Prevention or Delay of Flashover
Flashover is the period of rapid acceleration of
the rate of burning. It is likely to occur once the size
of the fire exceeds a critical value relevant to the
geometry and ventilation of the compartment of
origin.
Specific Tactics in Fire Safety Construction
1.Prevention. To ensure that the fire do not start by
controlling ignition sources. Among the five tactics,
fire prevention shall be one to be given much
attention by the designer. It is only if this fails need
the other tactics be attempted. The following are the
five components:
a.Management
b.Training
c.Housekeeping
d.Fire safety installation
e.Signs and fire notices
2.Communication. To ensure that, if ignition occurs,
the occupants are informed and any active fire
systems are triggered. Communication by itself, even
if totally successful, cannot save lives or property, but
its key role in ensuring fire safety means that it must
be considered as one of the five tactics. If
communication is successful then escape and
extinguishments can be attempted; but if it is
unsuccessful, then only containment remains as an
available tactic. The following are the components:
A.Alarm and detection system
b.Observation
3.Escape. To ensure that the occupants of the
building and the surrounding areas are able to move
to places of safety before they are threatened by the
heat and smoke. Escape is the last available tactic
that can be attempted in case all the other fails.
Escape requirements varies with respect to the type
of building occupancy.
4.Containment. To ensure that the fire is contained to
the smallest possible area, limiting the amount of
property likely to be damaged and the threat to life
safety. The following are the objectives of
containment:
a.Limiting the risk to occupants.
b.Protecting essential areas such as escape routes.
c.Cost-effective use of escapes provisions.
d.Reducing the damage potential of a fire.
e.Facilitating the control of fire.
f.Reducing the capacity of conflagration.
5.Extinguishments. To insure that the fire can be
extinguished quickly and with minimum
consequential damage to the building.
Fire Safety Design in Building
Section 701 (Occupancy classifications) of PD
1096 provides that “a building proposed for
construction shall be identified according to their use
or the character of its occupancy and shall be
classified as follows”: (Official Gazette, Vol. 73, No.
22).
1. Places of Assembly. A building in which 50
or more persons gather together for
purposes such as deliberation, worship,
entertainment, amusement, or awaiting
transportation. It is classified into:
2. Educational Occupancy. A building where
six (6) or more persons gather for purposes
of instruction, the occupant load is not less
than 1.8 sq. m./person, or 4.6 sq.m./person
for laboratories, shops and similar
vocational rooms.
3. Institutional Occupancy. A Building used
for purposes such as treatment or care of
persons suffering from physical or mental
illness, diseases or infirmity, care of infants
or aged persons, and for penal or
84
correctional purposes. Occupants are
mostly incapable of self-preservation
because of age, physical or mental
disability, or because of security measures
not under the occupants’ control.
4. Residential Occupancy. A building with
sleeping and/or sleeping accommodation
provided for residential purposes, except
those classified under institutional
occupancies.
5. Mercantile Occupancy. A building used
for the purpose of selling merchandise or
goods. It is classified into:
6. Business Occupancy. Buildings used for
transaction of business other than that
covered under Mercantile (e.g. office of
lawyers, doctors, dentists, city/town halls/
court houses, libraries, etc.)
7. Industrial Occupancy. Buildings that are
designed for making products of all kinds
and properties developed to operations
such as processing, assembling, mixing,
packaging, etc.
8. Storage Occupancy. These are buildings or
structures utilized primarily for the storage
or sheltering of goods, merchandize,
products, vehicles or animals.
9. Mixed Occupancy. Buildings or structures
in which two or more classes of
occupancies are present and that separate
safeguards are impracticable. Each space
shall be considered individually.
10. Miscellaneous. These are buildings or
structures that cannot be properly
classified in any of the preceding
occupancy group.
Application of Fire Protection Technology
A. Installed Fire Protection System. The three (3)
basic components of an Installed Fire
Protection System are as follows: (P.S.B.R.C.)
 1. Detection System. It is used to sense fire/or
smoke. It is composed of
a. central control unit and enunciator;
b. primary power supply;
c. emergency power supply;
d. one or more initiating devices
(heat/flame/smoke detector, circuits
and/or manual pull boxes); and
e. supervisory control circuits.
2. Alarm Signaling System. It is used to warn
occupants of the building of incipient fire.
3. Suppression System. It is used to limit the
spread of fire and possibly extinguish it. It
is composed of:
a. water supply and distribution piping;
b. sprinkler heads; and
c. sprinkler alarms.
The following are the components of Fire
Detection and Alarm Systems
1.Alarm Initiating Devices
a.Manual. It requires human actions to initiate a fire
alarm (e.g. pull station).
b.Automatic Detectors. Need not require human
actions.
1.Heat detectors. Restorable type that sends a signals
when a certain air temperature is reached (e.g.
bimetallic heat detector, rate-anticipation heat
detector)
2.Smoke detectors. Offers two mechanisms for
sensing smoke and other products of combustion
(obscuration and ionization).
3.Flame detectors. Sensitive to ultraviolet and infrared
light emission.
4.Particle sampling detector. It detects specific gases
associated with combustion, such as carbon
monoxide, the primary killer gas in fire.
2.Audible Signaling Devices. e.g. horn, gong, bell,
siren, whistle, recorded voice tape or public address
system.
3.Central Control Unit. Considered as the brain of
the system, alarm initiating devices and audible
signaling systems are linked to and monitored by the
central control unit or CCU.
The CCU generates signals in three modes:
a.Normal Mode. The CCU indicator show green
lights, indicating the system is powered and working
properly.
b.Alarm Mode. When activated by an alarm initiating
device (such as a smoke, heat, flame detector or pull
station, the CCU produces a red light, which may be
flashing, and an audible alarm signal. It may also
activate sprinklers or other suppression devices.
c.Trouble Mode. A trouble signal indicated by an
amber light is generated when critical alarm system
circuits or components fails.
B. Automatic Sprinklers. It is the most common
form of installed fire suppression systems. It is
a network of pipes and nozzles that releases
water directly into a fire from overhead. The
following are the five (5) types of sprinkler
system:
1. Wet Pipe. The most common type where
water is available in all sections of pipe at
all times, under pressure and ready to be
discharged. When this system operates,
water issues only from those sprinklers in
the vicinity of the fire. The operating
mechanism is in the sprinkler.
2. Dry Pipe. The dry pipe sprinkler uses
compressed air or nitrogen gas pressure to
keep water out of the overhead pipes and
limited to the riser until a fire occurs. It is
advantageous in environment where
freezing (cold) temperature is likely to
occur.
3. Preaction Sprinkler System. In the
preaction sprinkler, water is contained
within the riser by a control valve that is
activated by a fire detector system.
85
Overhead pipes contain air that may or may
not be under pressure. It is activated by a
separate detection system.
4. Deluge Sprinkler System. This system
operates in a way that is similar to the
preaction system, except that the sprinkler
heads are always open. It is activated by a
separate detection system that opens the
control valve.
5. Combined Dry Pipe and Preaction
Sprinkler System. It retains air or nitrogen
under pressure in the overhead pipes. A
separate fire detection system opens the
control valve to fill the overhead lines with
water before the sprinklers open. If the
detection system fails for some reason, the
sprinklers act as a dry pipe system.
C. Standpipes and Hose Systems. Standpipes are
one of the best means for fighting fires in
buildings and structures and can be a welcome
complement to automatic sprinkler systems.
The standpipe is designed to:
1. provide effective quantities of water to a
fire quickly in difficult-to-reach places of
buildings.
2. provide a ready means of protecting a
building occupants or contents.
The following are the uses of standpipe:
1. It is used by Fire Departments and those
trained in handling heavy fire streams.
2. It is used primarily by building occupants
until the arrival of the Fire Department.
3. It is used by either the Fire Department or
the building occupants.
The following are the components of standpipe:
1. Cabinet
2. Unlined, lined hose on rack
3. Control valve
4. Pipe reducer connection
5. Water flow indicator
6. Water pressure gauge
7. Standpipe

Dry Chemical Suppression System. It is commonly
used for the following applications:
i. Commercial cooking hazards.
ii. Petrochemical applications (marine loading
iii. docks).
iv. Manufacturing applications (paint spray
booths, dip tanks).
v. Utility applications (transformer protection,
generator protection, turbine protection).
vi. Mining application (lubricants areas).
The following are the advantages of dry chemical:
1. It provides rapid knockdown of a flame.
2. It reduces damage done by the flame.
3. It reduces probability of spread of fire to
other areas.
The following are the disadvantages of dry
chemical:
1. The residue left after a fire can be messy.
2. Propensity to solidify when exposed to
moist atmosphere.
FIRE SAFETY INSPECTION
Fire safety inspection is the first line of defense
against fire. It involves the examination of building,
structure or facility for defects, deficiencies or
violation on fire safety and protection requirements
Importance of Conducting Inspection
1. It is a pre-requisite before granting a
Business Permit by LGU.
2. It is a pre-requisite before granting a
Building Permit by the Building Official or
City/Municipal Engineer and other
government agency concerned in the
granting of permits and licenses.
Responsibility in Conducting a Fire Safety
Inspection
1. City/Municipal Fire Marshal. Responsible
for the conduct of annual/periodic/regular
fire safety inspection.
2. NCR District/Provincial Fire Marshal.
Verification/re-inspection as delegated
authority from provincial Police
Superintendent.
3. ARD/Regional Fire Marshal.
Validation/re-inspection and imposition of
administrative fine up to P6, 000.00.
4. Chief, BFP. Fire Safety Inspection and
imposition of administrative fine up to P12,
000.00.
Phases of Implementation of PD 1185 and PD 1096
1. Pre-Construction Phase
a. Processing of building permit.
b. Issuance of comment with respect to
fire safety and protection requirements
by the City/Municipal Fire Marshal
within three (3) working days.
2. Construction Phase
a. Issuance of building permit.
b. Conduction of pre inspection and final
inspection.
c. Issuance of fire safety inspection
certificate within three (3) working
days.
3. Post Construction Phase
a. Periodic/regular annual inspection.
b. Re-inspection.
Three (3) E’s of Fire Prevention
1. Engineering
2. Education
3. Enforcement
Legal Aspect of Fire
Presidential Decree No. 1613 – Amending the
Laws on Arson
Section 1. Arson – Any person who burns or sets fire
to the property of another shall be punished by
Prison Mayor (Reyes, 1999).
The same penalty shall be imposed when a
person sets fire to his own property under
86
circumstances which expose danger the life or
property of another
Sec. 2. Destructive Arson – The penalty of Reclusion
Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is
any of the following:
1.Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored.
2.Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social
services.
3.Any church or place of worship or other building
where people usually assemble.
4.Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property.
5.Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceeding.
6.Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or private
market, theater or movie house or any similar place
or building.
7.Any building, whether used as a dwelling or not,
situated in a populated or congested area.
Sec. 3. Other Cases of Arson – The penalty of
Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the
following:
1.Any building used as offices of the government or
any of its agencies;
2.Any inhabited house or dwelling;
3.Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
4.Any plantation, farm, pasture land, growing crop,
grain field, orchard, bamboo grove or forest;
5.Any rice mill, sugar mill, cane mill or mill central;
and
6.Any railway or bus station, airport, wharf or
warehouse.
Sec. 4. Special Aggravating Circumstances in
Arson – The penalty in any case of arson shall be
imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is
planned or carried out by a group of three (3) or
more persons.
Sec. 5. Where Death Results From Arson – If by
reason of or on the occasion of arson death results,
the penalty of Reclusion Perpetua to Death shall be
imposed.
Sec. 6. Prima Facie Evidence of Arson – Any of the
following circumstances shall constitute prima-facie
evidence of arson:
1. If the fire started simultaneously in more
than one part of the building or
establishment.
2. If substantial amount of flammable
substances or materials are stored within
the building not necessary in the business
of the offender or for household use.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance
designed to start a fire, or ashes or traces of
any of the foregoing are found in the ruins
or premises of the burned building or
property.
4. If the building or property is insured for
substantially more than its actual value at
the time of the issuance of the policy.
5. If during the lifetime of the corresponding
fire insurance policy more than two fires
have occurred in the same or other
premises owned or under the control of the
offender and/or insured.
6. If shortly before the fire, a substantial
portion of the effects insured and stored in
a building or property had been withdrawn
from the premises except in the ordinary
course of business.
7. If a demand for money or other valuable
consideration was made were the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim.
Republic Act No. 7659. “An Act Defining Heinous
Crimes and Re-imposing the Death Penalty Law”.
Article 320 of the RPC is hereby amended to read
as follows:
Art. 320. Destructive Arson – The penalty of
reclusion perpetua to death shall be imposed
upon any person who shall burn:
1. One or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burning, or
committed on several or different
occasions;
2. Any building of public or private
ownership, devoted to the public in general
or where people usually gather or
congregate for a definite purpose such as,
but not limited to official government
function or business, private transaction,
commerce, trade worship, meetings and
conference, or merely incidental to as
definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyance or stop terminals, regardless of
whether the offender had knowledge that
there are persons in the said buildings or
edifices at the time it is set on fire and
regardless also of whether the building is
actually inhabited or not.
3. Any train or locomotive, ship or vessel or
airplane, devoted to transportation or
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conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse,
installation and any appurtenances thereto,
which are devoted to the service of public
utilities.
5. Any building the burning of which is for the
purpose of concealing or destroying
evidence of another violation of law, or for
the purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
Motives of Arson
➢ Insurance fraud
➢ Business-related fraud.
➢ Revenge and Prejudice. persons getting even
after being cheated or abused, and persons
motivated by racial or religious hostility.
➢ Vanity. This category of arson motive is also
referred to as the “hero syndrome”. A night
watchman or security guard who feels that he
is being ignored may start a fire and then
“save” the entire plant. K.S.P. type
Juvenile Fire Setters and Vandalism.
Crime Concealment. Criminals sometimes set
fires to obliterate the evidence of robberies, theft or
murders. The fire may destroy evidence that a crime
was committed and destroy the evidence connecting
the perpetrator to the crime, or, in the case of
murder, make it impossible to identify the victim.
Pyromania. Pyromania is the uncontrollable
impulse of a person to burn anything without
motivation. Pyramaniacs usually do not run away
from the scene of the crime, usually alone, and feel
satisfied watching the flame. The following are the
types of Pyromaniacs: (Tradio, 1992)
1. Abnormal Youth. Epileptics, imbeciles and
morons may set fire without knowing the
seriousness of the act.
2. The “hero type”. A person may set fire on
a building, subsequently pretends to
 discover it, and turn in the alarm so that he
will appear a “hero” to the public. A person
may burn a building and endeavor to
achieve spectacular rescue in order to
attract the attention of spectators.
3. Alcoholics and Drug Addicts. Persons who
subject themselves to intense artificial
stimulants such as alcohol or narcotics
sometimes develop a strong urge toward
incendiarism.
4. Sexual Deviates. Some sex perverts derive
sexual stimulation from setting a fire and
watching the flame. Frequently he is a
chronic masturbator who stimulates and
enhances his sexual gratification by means
of arson.
Testimonial evidence in arson
Testimonial Evidence is the testimony given in
court or the deposition by one who has observed that
to which he is testifying; or one who, though he has
not observed the facts, is nevertheless qualified to
give an opinion relative to such facts.
ARSON INVESTIGATION
WHAT IS ARSON?
➢ It is the malicious destruction of property by
fire.
➢ It consists of willful and malicious burning of
all kinds of buildings and structure including
personal property.
BASIS AND EXTENT OF CRIMINAL LIABILITY IN
ARSON
1. Kind and character of the building
2. Its location
3. Extent of damage or value
4. Its state of being inhabited or not.
METHOD OF PROOF IN ARSON
➢ Physical evidence in arson is often destroyed.
The proof, corpus delicti must be shown and
the identity of the arsonist established.
• Corpus Delicti – the fact that crime
was committed
The following are the corpus delicti of arson:
1. Burning – that there was fire which may be
shown by direct testimony of complainant,
firemen responding to the crime, other
eyewitnesses. Burn parts of the building may
also indicate location.
2. Criminal design – must be shown that it was
willfully and intentionally done. The presence
of the incendiary devices, flammable such as
gasoline, kerosene, may indicate that the fire
was not accidental.
3. Evidence of intent – when valuables were
removed before the fire, absence of effort to
put out the fire and such other indications.
MOTIVES OF ARSONIST
In criminal investigation, motive is necessary
to identify the offender, thereafter intent can be
shown easily.
1. Economic Gain
a. Insurance fraud (to gain)
b. Desire to dispose merchandise –
stock on hand may have lost market.
c. Existing business transaction which
the arsonist would like to avoid such
as impending liquidation, settlement
of estate, need of cash, prospective
business failure, and increase rentals.
2. Profit by the perpetrator other than the
assured.
a. Insurance agents wishing business
with the assured
b. Business competitors planning to
drive others
c. Salvagers and contractors wishing to
construct another building.
3. Concealment of Crime – to hide a crime
committed.
4. Punitive Measure – to inflict injury to
another due to hatred, jealousy or revenge.
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5. Intimidation or economic disabling – these
are saboteurs, strikers to intimidate
management and employers.
6. Pyromania – It is the uncontrollable impulse
of a person to burn anything without
motivation. They do not run away from the
fire scene since they love watching fire.
Classes of Pyromania:
a. Abnormal Youth – such as imbeciles
and morons
b. Hero type – a person set a building on
fire and pretends to discover it, turn
in the alarm or make some rescue
works to appear as a “hero”
c. Drug addicts and alcoholics
d. Sexual deviates and perverts
METHODS EMPLOYED BY ARSONISTS
1. Introduction of Incendiary Materials such as:
a. Liquids in the form of gasoline, either
which may not require open flame for
ignition, alcohol, turpentine, diesel,
gas, etc.
b. Certain gases when mixed with air
possess excellent ignition property
and when present in enclosed area
can lead to an explosion, such as
acetylene, carbon monoxide, natural
gas, ethylene, hydrogen and
propane.
c. Solids – ex. Chlorates, chromates,
nitrates.
2. Use of “Plants” and other contrivances
Plants – are devices which are designed to
ignite combustible materials sometimes after
the initiating actions. The arsonist therefore
will have the opportunity to escape from the
premises. These are:
a. Heating appliances – like flat iron
placed in contact with combustible
materials and abandoned until fire
starts
b. Mechanical devices
 i. Clock mechanism which can
be arranged so than
movements starts the fire.
ii. Altered equipments such as
broken pipes on oil burner or
sprinkler systems in which
combustible fluid has been
placed.
WHAT CONSTITUTE ARSON?
1. Burning – to constitute burning, there must be
some burning or charring, e.g. the fiber of
the wood must be destroyed, its identity
changed.
2. Willfulness – means intentional and implies
that the act was done purposely and
intentionally.
3. Malice – denotes hatred or ill will or a desire
for revenge
4. Motive – is the moving power that induce the
commission of the a crime.
5. Intent – is the purpose or design within which
the act done and involves the will.
TELL TALES SIGNS OF ARSON
1. Burned Building – the type of the building
may indicate a set fire under some
circumstances. A fire of considerable size at
the time the first fire apparatus arrived at the
scene is suspicious if it is a modern concrete
or semi-concrete building.
2. Separate Fires – when two or more separate
fires occurred within a building
3. Color of Fire – smoke will indicate the
material used by the arsonist.
a. When white smoke appears before
the water from the fire hose comes in
contact with the fire, it indicates
humid material burning. Ex. Burning
hay, vegetable materials.
b. Biting smoke, irritating the nose and
throat and causing coughing indicates
presence of chlorine.
c. Black smoke indicates lack of air but
if accompanied by large flames, it
indicates petroleum products and
rubber.
4. Color Flame - the color of flame is a good
indication of the intensity of the fire, an
important factor in determining incendiarism.
a. A reddish glow indicates heat of 5000
*C, a real light about 100*C. Red
flame indicates presence of
petroleum. Blue flame indicates use of
alcohol as accelerants.
b. Smoke marks – an experience
investigator will determine the
volume of smoke involved at a fire
and the character as residue
deposited on walls or elsewhere.
Some marks have often been of
assistance in determining the
possibility of a fire having more than
one place of origin.
5. Size of Fire
6. Direction of Travel
7. Intensity
8. Odor – odor of gasoline, alcohol, kerosene,
and other inflammable liquids which are
often used as accelerants may be smelt at the
fire scene
9. Condition of content – persons tending to set
their house on fire frequently remove objects
of value.
10. Doors and windows – locked doors and
obstructed entrance and passage ways
sometimes point to an attempt to obstruct fire
fighting operation. Doors and windows
showing signs of forced entry may point to
arson preceded by robbery.
BASIC LINES OF INQUIRY
1. Origin of the fire
2. Motive
3. ID of prime suspect
4. ID of the fire setter
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Fires are set by:
1. Persons with motive
a.those with desire to defraud the insurer
b.employee or such other person who have a
grievance
c.those who want to conceal evidence or other crimes
d.those who set fire for purpose of intimidation
2. Person without motive
a. mental cases
b. pyromaniac
In determining the motive, an investigator
concentrates on three major factors:
a. Point of origin of the fire
b. Modus operandi of the fire setter
c. Identity of persons who might benefit
from the fire.
The following are the meaning of color of smoke
and flames.
a.Black Smoke with deep red flames. Petroleum
products, tar, rubber.
b.Heavy brown smoke with bright red flame.
Nitrogen Products.
c.White smoke with bright white flames. Magnesium
products.
d.Black Smoke with red and blue-green flames.
Asphalt shingles.
e.Purple, violet or lavender flames. Burning of
potassium.
f.Greenish-yellow flames. Burning of Chlorine or
manganese
g.Bright reddish-yellow flames. Burning of calcium.
h.Smoke of the usual color found in most fires that
changes to yellow or grayish yellow. Usually indicate
a backdraft condition.
b. Upon Arrival at the Fire Scene
1.Observe number of separate fires, intensity and
rapidity of spread.
2.Observe odors and methods required to
extinguish flames.
APPEARING IN COURT IN AN ARSON CASE.
➢ The fireman testifying should show a
respectful attitude toward the court and
the personalities connected with it as this
will create a favorable impression in the
minds of all concerned.
➢ The fireman acting as a witness should
make every effort, to present his
testimony in all fairness to the defendant.
He should never under any circumstances
display any hostility toward the accused.
Under the law, every person is presumed
to be innocent until proven guilty.
➢ Tell the story, as you know it. Witnesses
should never testify to any occurrence as
a fact unless they have personal
knowledge of that fact. Second hand
information is not admissible in courts.
Determining the Origin and Cause of the Fire
➢ The main reason for conducting a post-fire
examination of the fire scene is to determine
the fire’s origin and cause. The factual
determination of origin and cause is the
principal area of expertise that separates a
fire/arson investigator from other investigator
specialists. The point of origin of a fire is the
location where the fire started – the place of
beginning. The term area of origin is
sometimes used when fire originates over a
large tract or space, or when the exact point of
Physical Examination of the Fire Scene
Scientific method of Fire Investigation
Step I – Recognizing the problem
Step 2 – Defining the problem
Step 3 – Collecting data
Step 4 – Analyzing data
Step 5 – Developing a hypothesis
Step 6 – Proving the hypothesis
Recognizing the Problem.
➢ It is the investigator’s responsibility to
determine its origin, cause, and
responsibility. It is at this point that fire
investigators must recognize that their
determinations may lead to criminal and civil
litigation which can affect many lives.
Defining the Problem and Collecting Data.
➢ To define the problem, the investigator must
conduct a thorough investigation with all the
information available to him.
Collecting data
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➢ It includes documentation of the scene with
photographs, reports, and collection of
physical evidence. It also includes witness
accounts, which may require additional
statement taking, notes, and diagrams.
Analysis of Data.
➢ The fourth step is the analysis of the data
(inductive reasoning). Here the investigator’s
knowledge, training and experience is put to
the test in his analysis of the fire patterns,
structural damage, fuel source, ignition
source and any other factors which may affect
the correct determination of origin and
ultimately the cause.
➢ This is the “fact” portion of the investigation.
Your analysis must be confined to those facts
which were deduced from your observation
of known scientific results or through
experiments and testing of physical evidence
collection at the scene.
Developing Hypothesis.
➢ The fifth step is the state at which an
investigator may express his opinion about
the origin, cause and responsibility of the
fire/explosion incident. This opinion is based
on the facts and data collected by the
investigator.
Proving the Hypothesis.
➢ In the final step, an investigator’s hypothesis
(deductive reasoning) is put to the test, based
on the facts and scientific data that have been
developed.
Exterior Examination
➢ The exterior examination begins with
interviewing of the fire department officers,
firefighters, and police officers that were first at
the scene. As the first-in company, they may
have observations relevant to the nature and
origin of the fire. The initial interviews should
cover the following types of information:
Interior Examination
➢ With the exterior examination completed, the
investigation shifts to the inside of the structure.
To the extent possible, the investigator should
attempt to complete a detailed survey of the
structure interior, wearing full turnout gear or
its equivalent at all times.
DOCUMENTING THE FIRE SCENE
➢ Fire scenes have traditionally been one of the
most poorly documented and underrated
classification of crime scenes. The chief reason
for this lack of documentation has been the
investigator’s traditional reliance on sketchy
notes and personal recollections when
preparing official reports or describing the
circumstances of the fire to a jury or other
judicial body.
➢ Other reasons for the lack of the proper
documentation include:
▪ Ignorance of proper crime-scene
techniques
▪ Lack of equipment (e.g. camera, film)
▪ Time constraints
▪ Shortage of qualified personnel, and
▪ Lack of motivation (e.g. laziness, poor
attitude, apathy)
TECHNICAL POLICE REPORT WRITING
Ability to write reports effectively is
advantageous in any profession, most especially in
the police service because “EVERY POLICE
ACTION TAKEN MUST BE FOLLOWED BY A
WRITTEN REPORT.” Hence, all information
important to the police must be reduced into writing.
Important Uses of Report Writing
1. They serve as record for police administrators in
planning, directing, and organizing the unit’s duties.
2.Reports can be used as legal documents in the
prosecutions of criminals.
3. Reports can be used by related agencies in the
police service.
4.Reports can be useful to local media which usually
have access on public documents having accurate
statistics.
5. The author of a report should also consider that his
written work is reflective of his personality.
6.Reports can be a basis for research among student
in Criminology, Law Enforcement, Police
Administration, and other related areas.
Definition of Police Report
A report is a story of action performed by men. In
police report, it is a chronological or step-by-step
account of an incident that transpired in a given time,
at a given place. It is also defines as an account of
some subjects specifically investigated, or an official
statement of facts. Police report result from the fact
that someone has asked from them and needs for
immediate or future use. It any event, police
reporting has become one of the most significant
processes in modern police operations.
Criteria for Good Police Report
1.Clarity
Rules in observing the clarity of police report:
1.avoid impressive expression;
2.avoid idea writing language transfer; and
3.avoid illiteracy.
2.Accuracy
The report must conform to the established
standards for syntax, format and written composition.
The data must be precise and the information must be
factual, hence assumptions or opinions must be
avoided. The terms or words used must reflect
constancy throughout the report.
3.Brevity
Wordy and lengthy sentences tend to make
the idea vague. The report must be easily
understood.
4.Specificity
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When we write about the concrete examples
or situation that brings ideas to life, we need specific
words that bring the reader close to first hand
experience. Words that remain too general keep an
event colorless and anonymous.
5.Completeness
In any incident report, the essential elements
of information must be complete. The 5Ws and 1H
should be the basic guide in writing a report.
6.Timeliness
A report rendered after a considerable lapse
of time is useless and it defeats the purpose of
submitting an incident report.
7.Security
All significant incident reports are
considered classified, hence, transmission, handling,
and access to these reports should be limited only to
police personnel who were granted the same or
higher security clearance as the report.
8.Impartiality
The reporting unit must know what the
receiving unit needs to know. Important data must
not be omitted or added to conceal responsibilities,
to impute liabilities, or to favor parties.
Embellishments, by inducing incredible information
for purposes of making the report impressive, must
likewise be avoided.
The 5Ws and 1H of Police Report
The police Officer need not be a literary
genius to write a good police report. If the officer
obtain the six interrogative, i.e., WHO, WHAT,
WHERE, WHEN, WHY and HOW, his report will be
complete even though it might not be a literary
masterpiece. The 5Ws and 1H can be a useful guide
to report writers, especially the beginners. The
following is a list of the variations that can be derived
from the above.
Classifications of Police Report
1.Informal Reports
 It is usually a letter or memorandum, or any
of one of the many prescribed or used in day-to-day
police operations. It customarily carries three items
besides the text proper, i.e., date submitted, subject,
and persons or person to whom submitted. It may
however, contain many items of administrative
importance along with the subject matter of the text.
2.Formal Reports
A formal report suggest the full-dress
treatment, including cover, title page, letter of
transmittal, summary sheet, text, appendices, and
perhaps an index and bibliography.
Categories of Police Report
1.Operational Reports
Include those relating to the reporting of
police incidents, investigations, arrests, identification
of persons, and mass miscellaneous reports
necessary to the conduct of routine operations.
2.Internal Reports
Relate to the reporting necessary to the
management of the police organization and include
financial reports, personnel reports, purchase
reports, equipment reports, property maintenance
reports, and general correspondence.
3.Technical Reports
It present data on any specialized subject, but
usually related to completed staff work, and add to
the specific knowledge necessary to proper
functioning of police management.
4.Summary of Information
Furnish intelligence information necessary to
the solution of crime, accident, and police
administrative problems. In addition, police reports
in this category are in recognition of the importance
of public attitude toward police operations, and serve
the useful purpose of keeping executive and
legislative authority, and the general public informed
as to the problems, progress, and needs of the police
organization.
Types of Police Report
1.Spot Report=A spot report is that one done after an
important incident tool place in a certain area at a
given time. Verbal or written, it must be acted done
or acted upon within twenty four hours. The idea is to
inform an the fact that whatever happens in the area
is a command responsibility, or what one from higher
police officers must be informed regarding the
details relative to a particular occurrence.
2.Special Report
Special report is done either because and
feels he has some reporting to do, or lower police
unit and/or office is obligated based on the directive
or an instruction from the higher police offices. In
other words, a higher echelon requires a subordinate
one to report on a particular incident, project
program or activities, an estimate of situation, or any
other similar activity.
Special reports must have the following
paragraph contents:
1)Problem
What is the report all about? Why this is
written in the first place? This problem portion is
reflected in first paragraph, sometimes continued to
the next.
2)Rationale
This refers to the specifications related to the
problem. More often that not, these details are shown
in the subordinating paragraphs after the problem is
defined.
3)Action
That last paragraph has this, usually. What
action must the receiver/reader does.
3.Progress Report
A progress report has a follow-up effect.A progress
report can simply be an accomplishment report
which may be analytical in approach and
comparatively longer.
4.Investigation Report
In criminal investigation unit, the
arrangement of the material presented in an
investigation reports follows a certain pattern. The
92
idea is for the report to be easy read.The form is
similar to the memorandum form of police
correspondence, except that the text or body of the
report is guided with the following parts:
AUTHORITY, MATTERS INVESTIGATED, FACTS OF
THE CASE, DISCUSSION, CONCLUSIONS, and
RECOMMENDATIONS. If a part is not important
because it is absorbed in another part, such can be
excluded. Parts are capitalized, and followed by a
colon. All the paragraphs composing the text of the
report are numbered consecutively in Hindu Arabic
numerals.
The investigator or the investigating officer
signs the report. On top of the letterhead, and on the
lower fold of the paper, the word CONFIDENTIAL is
typed or stamped.
5. Beat Inspection Report or after Patrol Report
The beat inspection report is one of the
widely-practiced written communications. It is
routinary, as it is submitted daily by the duty beat
supervisor.
6. Situation Report
The situation report is similar to the patrol
report. Both are submitted every eight hours.
However, while the patrol report is done on a regular
basis daily, the SITREP is done on a need basis only.
7. Formal Report
Essentially, a formal report is a presentation
of facts and / or ideas. Sometimes, this written work is
lengthy. A long , formal report usually contains the
following basic parts : introduction , summary , body
, conclusion ( s) , and recommendation ( s ).
Radio Message Form
The radio message form is that one used
when preparing radiographic messages intended for
transmission throughout the Philippine National
Police (PNP). This pattern is after the form used in the
Armed Forces the Philippines
(AFP), and subscribes to the procedures based on
the AFPRG 421-141 , dated November 26, 1968.
Important Terms
1. Message=A message is any idea expressed in
plain languages prepared in a form suitable for
transmission by any means of communications.
There are three types of messages:
1.) Single-A message which has only one addressee.
2.) Book-A message which has two or more
addressees, and is of such nature that the originator
considers that no addressees need be informed of
the identity of other addressees. Each addressee may
be either ACTION or INFORMATION. The main
advantage of a book message is the economy in the
use of communication facilities, and reduction of
commercial cost due to elimination of unnecessary
addressee data.
3.) Multiple-A message which has two or more
addressees, and is of such nature that the originator
considers that each addressee must be aware of all
the addressee to whom the message was addressed.
A Multiple - address message will not be used when a
book message will suffice.
2. Originator
The originator of a message is the authority in whose
message is sent, or is the police office and / or unit in
whose name a message is sent, or is the police office
and / or unit under the direct control of the authority
approving a message for transmission. The originator
is responsible for the function of the drafter, and
releasing officer. The originator has the following
responsibilities:
1) To determine if a message is necessary.
2) To determine the addressees and the type of
message.
3) To use the message form prescribed by the police
organization.
4) To draft the text in accordance with the prescribed
manner andbprocedure.
5) To determine the precedence.
6) To determine the security classification.
7) To insure that the message is signed by the
releasing officer.
3. Drafter=A drafter is a person who actually
composes a message for release by the originator or
the releasing officer.
4. Releasing officer=A releasing officer is a person
who may authorize the transmission of a message for
and in the name of the originator.
5. Text=The text is that part of a message which
contains the idea that the originator desires to
communicate. It may also contain such internal
instructions that are necessary to obtain special
handling.
Filing Out of Message Form
1.For Communications Electronic Service or
Signal Use, Routing Indicator for Operator‘s Use.
2. Precedence action
3. Precedence Info.
4. Date-time Group
5. Message Instructions
6. From.
7. To and Attn or Info
8. Security Classification
9. Cite Number
10. Text
11. Reference Message=If the message refers to
another message, appropriate identifying data of the
reference message will be inserted in the block.
12. Classified=If the reference message is classified,
the YES block will marked, and if unclassified, the NO
block will be marked.
13. Page Number and Number of Pages=This block
will be filled according to the number of message,
from pages used to complete the message.
14. Drafter’s Name Title and Phone Number=Data
identifying the drafter is entered in this block.
15. Releasing Officer’s Name, Title and
Signature=Data identifying the individual authorities
to release the message is to be entered in this block.
16. PNP Addressees
1) The title and location or unit designation of the
signing authority will be indicated.
93
2) ZIP Codes of Post office Numbers, or another
coded distributions lists will not be used as
originator’s address as part of an address.
3) Messages to police addressees will be addressed
to the chief of an installation or head of an agency.
Authorized Abbreviations maybe used. All messages
for personnel serving or on duty within an agency
will contain internal instructions for delivery purpose.
4) Geographical location of an installation or agency
will be included. Messages addressed to an
individual located at business or home address will
include the street address, the full name of the city or
town and the abbreviation name of the province.
17. Purely Civilian Addressees
1) The originator’s designation will consist of the full
title of the chief or head in those message addressed
to another line agency in the government.
Abbreviated titles will not be used; rather it must be
spelled out.
2) When a message is for another line agency
addressee, or is to be delivered by a commercial
carrier, handling instructions will be included in the
address portion of the message form. Names of cities
or municipalities will be spelled out in full; name of
provinces maybe abbreviated, i.e., Santa Rosa , N.E.
Routine Slip
The routine slip is primarily aimed at
transmitting papers from office to office within a
police unit and / or station, or from branch to branch,
within an office. It is never used to forward papers to
an agency outside of a police service; it is used to
speed up transmittal of correspondence direct to
action section without a brief, a disposition form, or
an endorsement. However, when it is faster to stamp
a comment on basic communication and this
comment is intended to form part of the record, the
routine slip will not be used.
Guidelines and Procedures in Preparing Routine
Memorandum
 Commonly practice in the police service are
memorandum or memoranda which are inter-office
communications dealing with official matters.
Interpreted the simplest way, a memorandum is “ a
note to help the memory.” Clearly stated, the
message is boiled down to the fewest possible
words, just the bare essentials.
Memorandum may be general in application,
requiring compliance by , or information of majority
of all the officers and members of the police
organization. It may be also limited application, such
as those directed to , or requiring performance of an
action by an individual or group of individuals within
a particular police unit, directorate, service, region,
province, station or section.
Police executives may issue administrative
instructions in the form of a MEMORANDUM.
Subordinate officials may use this form, only on
matters advisory or informative in nature. Routine
MEMORANDUM is presently resorting to a “bottom
line” technique to enable the police executives to
know right away what had been done about the
problem at hand.
Tones of Memorandum
There is no strict rule governing the tone of
memorandum. However , it is usually noted that the
tone differs in accordance with the person or persons
reading it. From a chief of office to his subordinates,
the tone is impersonal, i.e., “For guidance and strict
compliance.” From a writer sending a memorandum
to somebody of equal rank, the tone is usually
personal, i.e., “The undersigned noticed changes in .
. . “ A subordinate police office writing memorandum
to higher police office uses a more formal tone , i.e., “
For info and request acknowledge.”
In other line agencies of the government
similar with police offices , using FOR and TO has
been done. The “MEMORANDUM FOR:” is written
above the addressee if sent to a superior office: the
MEMORANDUM TO:” is equally noted on the upper
left corner of the page if sent to subordinate offices.
Police organization adopts memorandums in the
following general usage: to inform: to answer: to
record a significant event; special reports; basic
transmittals, etc.
Position and Placement
The memorandum is typed on legal or custom
size bond paper. only one side of the sheet is used.
Ordinarily, three copies are prepared. One copy
accompanies the original; the other copy is kept for
file. An exception to the rule occurs when a letter is
sent from an office not authorized to keep records, in
which case both copies accompany the original , one
for the recipient and other for the first office of
record. Another exception occurs when copies are
furnished to individual organizations , when they
arise instructions are obtained from the chief or
supervisor.
The heading including the addressee
appears on the upper third of the sheet , so that when
the paper is folded , the address can be seen through
the glassine window envelope. On the letter
addressed is a single addressee, about five blank
spaces between the first line of the body of the letter
are needed to meet this requirements. The rule of
placement is followed even though a window
envelope is not used. The body of the letter is placed
on the lower two-thirds of the sheet. It is followed by
the complimentary ending.
Parts of a memorandum
1. Heading
1) Letterhead==Printed letterhead stationary is
normally used for the first page. If not available, a
typed letterhead may be substituted. Each police
office or unit has its own letterhead. In office where
more than one kind of letterhead is proper. All
courtesy carbon copies are made on plain bond
paper.
2) File Reference==It is otherwise called as office
symbols-a file reference is placed at the first margin,
usually two spaces below the letterhead. It varies
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according to the individual item of correspondence.
Each part of the references was also used as
identifying information on the second and
subsequent pages.
3) Identifying Initials==Some offices place the
surname or the initials of their originator, and the
typist of the letter. This practice varies because of the
differences in size and functions of the various offices.
The initials of the individual who dictated the
correspondence and those of the typist are placed in
the upper extreme right corner on the first page of all
copies or on the file copies depending on the
instructions issued by the chief or supervisor. In
large installations, the telephone numbers of the
originator may be added.
4) Addressee==The addressee proceeded by
“MEMORANDUM FOR” or “MEMORANDUM TO” will
be written in block style, with open punctuation, and
normally will placed before the file reference. The
memorandum will be addressed to the chief or head
of an agency, or an installation by his title. This letter
will not be addressed to police office. The title will
not be abbreviated in either complete or brief
addresses.
5) In Turn Addressee==When letters are routed to
several addresses, the entire address of each office
will be placed on a single line as much as possible. A
onionskin copy will be made for each addressee who
withdraws the copy prior dispatching the letters to
the addressee. The copy for each addressee will be
identified by a check mark of the carbon copy by his
address. When the same letter is intended for several
addressees, the entire address of each will be placed
on single line if possible. The copy for each specific
addressee will be indicated by a check mark.
6) Attention Line ==To speed routing,
correspondence maybe addressed to the attention of
an individual or the head of a subdivision or by the
use of an office symbol. The name will be used only
when there exist a special reason for calling the letter
to the attention of the individual known to handle the
type of correspondence concerned, and when it is
known that he will be at the placed addressed:
7) Sender or Originator ==The sender or originator
preceded by the word “FROM” will be written in
block style, with open punctuation, and normally will
be placed below the addressee. The designation/title
of the sender and the office symbol wherein the
communication originated is written to inform the
addressee to whom the report came from or
originated.
8) Subject==The subject line should contain words
not exceeding ten. It starts two spaces below the
sender and two to the right of the colon. All are
written in capital letters. When the subject extend
two lines, the second line is blocked under the first
letter of the first word in the subject.
9) Date==This may referred either to the date of
signature or the suspense date. The former is placed
below the subject.
2) Body ==The body of the letter is the message
itself; it is the substance of the typed letter as
distinct from the formal beginning and ending.
1.Paragraphing==When a letter is consists of only
one paragraph, the paragraph will not be numbered,
although its subparagraphs will be lettered, if there
are two or more. When there are two or more
paragraphs they will be numbered consecutively.
The first line of paragraph will be indented five bar
spaces. The second succeeding lines will begin at the
left margin
2.Abbreviations ==A memorandum allows
abbreviations which are generally accepted in the
police service. They are usually written without
spacing or periods, except geographical locations
which can be written with or without periods. If the
full name is used, the abbreviated rank is
permissible, i.e., PCHF SUPT JUAN S DELA CRUZ, if
family name only, the rank is spelled out, i.e., POLICE
SUPERINTENDENT DELA CRUZ.
3.References==References to publication must be
specific and fully implemented. References will not
be made to a publication or document which is not
available to the addresses of the correspondence.
References to correspondence will include the type
of correspondence, file reference, office origin, data
and subject.
4.Page Numbering ==The first page should not be
numbered. Subsequent pages, including those on
which endorsement are prepared will be numbered
consecutively, beginning with the second page as 2.
Page number will be centered 1 inch from the bottom
of the page. The number will stand by itself it will not
be set off by dashes, parentheses, or other
punctuations.
5.Dividing a Paragraph ==Three of fewer lines will
not be divided between pages. At least two lines of a
divided paragraph will appear each page. A word
will not be divided between two pages. The
complimentary ending will not appear alone on page
without part of a body or text.
3) Complimentary Ending
As in business letter, there is also a closing
portion in the memorandum. This refers to the
material found below the last paragraph of the
body. It consists of the authority line if used,
signature, list of enclosures, list of copies
furnished to other agencies or office.
1) Authority Line
An author line will be show when the
correspondence is signed for the chief or
head of an agency or office by an individual
authorized to do so. This reflects the fact that
the communication is an expression of the
will of the chief himself. The authority line will
begin on the second line below the last
paragraph directly under the first word of the
preceding main paragraph. It is typed in
capital letters, without abbreviations. A staff
officer may sign under the authority line only
when authorized to do so.
2) Signature
The signature contains the name of
the officer, usually first name, middle initial
and last name, signed in black or blue black
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ink, never blue or any other color; the name
being typed, stamped or printed all in capital
letters identical with the written name, the
officer’s rank or service and title designation.
If the concerned, chief or head of office
personally signed the memorandum his title
or designation will not anymore be included.
The use of double signature is
avoided. Instead of this, a designated
individual may sign his own name and add
the word “FOR” or “BY” in front of the
typewritten name in the signature. If an
individual in the police services signs, “FOR”
or “BY”, the rank and designation of the
signing individual may be shown.
The typewritten portion of the
signature begins approximately one space to
the right of the center of the five lines below
the authority line of the body.
Block style and open punctuations are
used. Abbreviations of rank or service, and
title may be used. By block style, the first
letter of the rank and title is placed directly
under the first letter of the typewritten
signature, but not necessarily blocking under
the last letter of the typewritten signature.
3) In closures
In closures are supplementary
documents which are sent with the
communications to provide additional
information. When the letter has one or more
in closure, this fact is entered at the left side
of the page in the following manner.
4) Copy Furnished other Offices
Copy furnished other offices. A
notation concerning copy furnished will be
typed immediately under, and separated by
at least one line from the listing of in closures,
if any. When there are no in closures, notation
of copies furnished will be type beginning at
the left margin on the same line as that of the
typed signature. The copy for each specific
 addressee will be indicated by check mark.
This information is omitted from the original
and courtesy copy unless specifically desired
by the individual preparing the letter.
Additional Copies
Originally, a letter or endorsement will be
made with two carbon copies. Each stamped
endorsement which is similarly addressed will be
made with one copy. Copies will not be signed, but
signature placed on an original is typed, stamped, or
reproduced on each copy. If sent by an office of
record, one copy will be forwarded with the
communication to the recipient who is to take
principal action on the communication and the other
will be rendered for record.
Record of Intermediate Recipient
All intermediate recipient of a communication
will make a record of such communication only when
an office of record is inaccessible and when the
retention of a brief current record of the
communication is necessary. Such record shall show
only the minimum requisite information. Except in
unusual circumstances, no copy of the letter itself will
be made. Notation for record purposes of secret
materials can be such that the content of the letter is
safeguarded.
Special Handling
Correspondence sometimes requires special
handling. When it is necessary, words as “Air Mail,”
“Special Delivery” etc. are stamped, or typed in the
center at the top and bottom of the first page.
Endorsement
An endorsement letter is a reply or a
forwarding statement usually added to a letter.
Among men in uniform, a basic communication may
not just be a letter; it can be a message; it can be a
memorandum from higher police office. It is
communication within a communication. It becomes
an integral part of the correspondence and is not
withdrawn from the basic communication to which it
is appended. It shows all facts relative to a definite
case stated in the forwarding correspondence.
Endorsement will be numbered
consecutively, starting with 1st. a civilian
endorsement is typed below the sender’s address, or
heading, or letterhead, and above the dateline, which
is also above the text.
Civilian Letters
Misconception can arise out of the word
“civilian” in as much as the police are civilian in
character organization, and even if it is civilian-
paramilitary, the police subscribed to some military
conventional communication, such as radiographic
message, memorandum, and idorsement. So as the
police organization writes another addressee outside
of the police service, they used the civilian letter
which have a standard formats.
Police uses a purely civilian letter when
communicating with the President of the Philippines,
Department Secretaries, Provincial Governors, City
for Municipal Mayors, owners and/or managers of
private companies, and head or chief of other
government agencies, and the likes.
A civilian letter, unlike the radiographic
message, memorandum, and endorsements has
different form, because the former is particular on
symmetry or a well balanced appearance. Also, a
civilian letter has a different phraseology and its
paragraphing is not numbered, not unless in
tabulation.
Parts of Civilian Letter
1. Heading==A typed or a printed letterhead may
be used. It includes the writer’s office and office
address. Abbreviations shall not be made for the
city, municipality and province:Usually used in
correspondence addressed outside of the police
organization, the printed or typed letterhead
includes these pieces of information, i. e., name
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of the police unit or office, its address, telephone
number and Zone International Postal (ZIP) Code,
if any. Sometimes the unit or office slogan and
zeal is written.
2. File Reference==The use of identifying file
reference is optional depending of the
instructions issued by the chief or head of office.
If ever used, it is placed at the left margin two
spaces below the letterhead, and on line with
and/or below the current date.
3. Dateline==Month, day and year in that order is
he dateline. In civilian letter the month is never
abbreviated, it is spelled out. Also, st as in 1st, nd
as in 2nd, rd as in 3rd, or th as 4th is not used after
the month, so with ’03 as in 2003 in writing the
year.
4. Inside Address==The addressees name should
be written fully. It should always be preceded by
a courtesy title, except in cases of M.D., Ph.D.,
and a few others. The first like shows the
addressee’s name and designation, if any; the
second line, the name of the agency or company
of the addressee belong; the third line, the
address of the agency or company. If not
belonging to the any agency of company, the
addressee’s local address will do.
5. Attention Line ==To speed up handling of the
letter, the attention line is used when the letter is
addressed to a company or to a particular
department of a company or to an individual
aside from the addressee.
6. Salutation ==The salutation greets the reader
and the greeting may be formal or informal,
cordial or personal.
7. Subject Line ==The subject line is the gist of the
message. It helps a very busy person find out in a
split seconds what the litter is all about. As it is a
part of the message, this line appears logical
above it, and below the salutation.
8. Body==The body is the message itself. In it, one
of the problems that may confront a
correspondent is paragraphing. This however,
 does not pertain to the appearance of the
message; but rather, to its contents. A
correspondent gets focused on how to end and
how to begin another paragraph. The general
rule for paragraphing is to have each separate
idea or subject occupy a separate paragraph.
9. Complimentary Code==A complimentary close
is usually followed by a comma, and comes
immediately after the last line of the message.
The first word starts with a capital letter.
10. Company Signature==In civilian letter, a
company signature may be shown immediately
above the writer’s signature, based on the theory
that the company not the writer is the legal entity.
In other words, the company assumes a greater
responsibility that the individual does; otherwise,
the company signature is omitted, especially if
including it is not a standard policy of the firm.
11. Reference Initials ==Initials of the writer and his
typist or secretary appear at the left of the
stationery, about two spaces below the writer’s
identification. These initials are aligned with the
left margin of the letter.
12. Postscript (P.S.==If a writer has forgotten
something in the message, he adds a P.S. it is
intentional to attract attention. The postscript may
be flushed with the letter margins or may be
indented from both margins five spaces.
13. Copy Furnished ==When one or two copies are
furnished, a carbon copy (cc) notation is
indicated on the original and all copies of the
letter. This may be doe of two ways
indicated.This notation can substitute the
traditional “COPY FURNISHED” notation. A blind
carbon copy (bcc) notation does not appear on
the original because the writer does not want the
addressee to know that a certain is furnished to
another. This notation just appears on carbon
copies.
Types of Civilian Letter
1. Information Letter
Because of the close association with the
community members, the police executive
receives inquiries and answers it. Furthermore, in
order to uphold the dignity of the police
organization, the concerned police officer
assures maintenance of peace and order, as well
as justice to all.
2. Invitation Letter
An invitation letter usually refers to that one
securing a speaker for an important occasion. It
mentions the following: 1) date, time, and place of the
speaking engagement; 2) topic to be discussed; 3)
time limit; and 4) verification of acceptance.
3. Invitation Refusal
Between an invitation acceptance and an
invitation refusal, the latter is more difficult to write,
the writer therefore, consider as guide the following
points:1) appreciation for the invitation; 2) reasons for
refusal; and 3) possibility of accepting a similar
invitation in the future.
4. Claim Letter
A claim letter is written as a result of
complaint the way supplies were delivered, services
rendered, or accounts paid. Anybody intending to
write this kind of letter must think of courtesy despite
of their ire. The correspondents must not write when
angry as to do means to project the temper. The
rudeness will be reflected in the letter.
5. Adjustment Letter
An adjustment letter is written in an answer to
a claim letter.
6. Request Letter
Before this is a letter that asks, a request
letter is also termed as an “asking letter. “ Specific
suggestions in writing a request letter.
1) To speed the handling of the request, the writer
should address his letter to a particular person, or to
a particular department if the addressed is not
known.
2. The writer must be clear in his own mind as to that
he want to know, omitting to ask information that can
97
be obtained from references, books, or other sources
that are readily available.
3. The writer must express his gratitude by saying
“thank you” but not thank you in advance” or
“thanking you in advance,” which is presumptuous.
1) As this is a special favor, a stamped self-
addressed envelope should be enclosed.
7. Transmittal Letter
Transmittal is a letter that sends. It identifies
what is being sent and what is being intended for. It
sends an important paper requesting for appointment
or promotion, and formal reports, a check, a bank
draft, or a money order.
8. Credit Letter
Credit is generally defined as the power to
obtain goods and services in the present time with a
promise to pay in the future. Credit helps the debtor
in his financial difficulties and enables him to obtain a
goods and services which he cannot afford on a cash
basis. Te debtor gets from the creditor-the individual
money lenders or loan sharks, retail stores, pawn
shops, banks, sales finance companies, credit unions,
or insurance companies.
10. Inquiry Letter
A letter of inquiry wants to know about a
product or a service. It is courteously worded, as
follows: 1) clear, brief, and specific questions,
including names, dates, 3) omission of demanding
replies, such as “at once, “ “as soon possible,:” and
the likes.
11. Recommendation Letter
Sometimes, an employee asks for a
recommendation letter. Morally obligated, an
employer responds to the recommended; 2) his
history of employment, qualifications and skills; 3) an
assessment of his personality; and 4) final
recommendation.
12. Reference letter
Because there are also civilian personnel
employed in the police and/ or in the military
installations, there are also sensitive positions which
are meticulously considered. An applicant for a
delicate position is scrutinized through the conduct of
background investigation, his former employer, for
instance, receive a reference letter for his
prospective employer. This letter specifies the
period of employment, the extent of the employee’s
competence of efficiency, and assurance of doing the
same favor if needed.
13. Application letter
When a job seeker tries to sell his services
through his qualifications or skills to a prospective
employer, he writes an application letter. Students
and professionals, even police resignees and retirees
need this kind of letter when looking for a job.
14. Condolence Letter
Usually, this letter depends on how well the
sympathizer knows the bereaved. But more often
than not, the tone is personal n approach, sincere in
condoling, to condole is to comfort.
15. Appointment Letter
An appointment letter is sent to a person who
has been appointed to serve a committee or who has
been selected to perform a specific task. It may be
rejected or accepted.
Investigation Report
The investigation report is complete in
substance that answers the six interrogatives of
police report writing-the 5Ws and TH. It also
provides in brief, the sworn statement executed by
the individuals having interest with the case that was
investigated, and the copies of it are being made as
integral part of the report, and are listed in the
annexes.
Investigation report is an internal
communications, and it should be address to the chief
or head of a police unit and/or office, must be signed
by the officer-on-case, and noted by the chief of the
investigation section.
Parts of Investigation Report
1.Authority-This section should contain a brief
statement of when, where and by whom the
investigation was made and should cite the authority
for making it.
2.Matter investigated
This section of the report represent the mission
of the investigator. In essence, it answers the
question, “what is the investigation about?’ most of
these are written complaints or reports alleging that
some persons have committed a crime of
impropriety, or the writer has been unjustly treated.
3. facts of the case
This present the real truth regarding the
matters investigated: the descriptions of
“completeness” and “clarity” are particularly
applicable in this section.
4. discussion
This section should indicate the presumption and
inference from all the circumstances of the case to
give the directing officer the clearest possible
picture. It should contain such related factual matters
or argument as may be necessary. In addition to the
facts presented, to establish the conclusions and
recommendations based thereon.
5. conclusions
This represent a concise summary of the result of
investigation as supported by the facts of the case as
found and set forth in the report and should contain
no item not supported by the facts. The facts are
usually stated in the order suggested by the
statement of the allegations or facts.
6. recommendations
This should contain the practical suggestion for
appropriate action to be taken to suitably dispose of
all phases of the case. They should follow as
practicable, the same sequence as was used in the
presentation of the conclusions. Recommendations
should be consistent with and appropriate with the
conclusions. They constitute the investigating
officer’s judgment as to the action the directing
authority should take, in view of the facts the case of a
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wrong committed, or the remedy for un
unsatisfactory situation or condition found to exist.
Police operational plan
A police operational plan when being prepared
can assume many names. It can be called a proposal,
a project study, outline, feasibility study or even
under a code name. in the same token, the police
operational plan to be made can follow so many
accepted formats or forms. This outline “pro forma”
to be used defends on the planner himself. This is
similar in the preparation of project feasibility
studies, and the recipient prescribed the format used
contains the same salient information.
Parts of police operational plan
1. title
It is the subject of the operational plan. In this part,
a code number or a code named may be used. What
is important is this portion, in that it must be reflective
on the mission and execution of the operational plan.
The title must provide gist and idea, on the first
place, what the operational plan all about? And it
must be also reflective of the aim purpose and
objectives of the operational, whether it is anti-
gambling operation, crime prevention and control,
maintaining peace and order and ensuring public
safely, and many administrative and operational
activities, and relative complex tasks of the police
organizations.
2. situation
The situation will explain in short paragraph the
historical background of the organization, and
rationale relatively in the formulation plans and
programs. This will probably described the growth of
organization and the increasing need for police
operations and activities. The current trend of crime
and criminalities may also cited as they effect the
general peace and order condition in a given
locality. Availability, location, and efficiency of other
friendly forces may likewise be mentioned in this
paragraph.
3. mission
This will cover what the plan is all about and what
is intends to do, in general terms it could be
protection of the locality. Safeguarding of lives and
properties , securing of a premises for sensitive
activities, or maintenance of peace and order and
ensuring of public safety in given occasion. The
mission is sub-divided into purpose, goals, and
objectives.
4. execution
In this part of the operational plan, the concept of
the project will be outlined and explained. For easy
reading and to prevent the main study in becoming
too long. If the concept of project will be a page or
more, it must be made as “ annex .” this will explain
how the operational plan will be carried out using the
various aids to police organization, the human and
material resources. Enumerated under this sub-topic
will be the task for those involved in the project.
5. administrative and logistics
Administrative and logistic portion involves the
listing of logistical requirements. The supplies and
materials needed to implement the project will
likewise be enumerated as an annex. Human
resources and the administrative upkeep will fall
under this item.
REPORT
It is the process of finalizing the notes taken
wherein the six important elements of a report
writing is present.
POLICE REPORT
It is an exact narration of facts which were
discovered during the course of a crime investigation
which serves as a permanent record for future
references.
MECHANICS IN POLICE REPORT WRITING
A. SELECTION AND USE OF WORDS
Words are the only tools of communication F. CAPITALIZATION
and the first integral part which make up the whole Some writers have the tendency to over
narration of facts. capitalize, especially when the objective is to
emphasize. This is most common in police report
FACT writing.
A fact is a statement which can be proven because it G. PUNCTUATIONS
is based on any or all of our five physical senses
(sense of sight, taste, smell, touch and hearing) PREPARATIONS OF REPORTS
1. Vocabulary- the word of language. The supply of B. FIVE STEPS IN INVESTIGATIVE REPORT
words which we know and which we use whenever WRITING:
we speak or write. • G- gather the facts
2. Diction- the correct choice of words; selecting the • R- record the facts
exact, precise objectives words to convey a meaning. • O-organize the facts-arrange
systematically
B. SENTENCE CONSTRUCTION • W-write the report
A Police sentence is grammatically narration • E- evaluate the report by editing and
of facts with the usual subject. proofreading
1. Correctness in a sentence- crimes are investigated
after it is committed, and reports should be written C. STYLE (QUALITIES OF A GOOD REPORT)
after the investigation, therefore, a report should be 1. FACTUAL
written in the PAST TENSE. 2. COMPLETE
2. Three essential elements of a narrative: 3. OBJECTIVE
a. Setting- When? Where? 4. CLEAR
b. Characters- Who?- victims, suspects, witnesses 5. RELEVANT
c. Action- What? Why? How? 6. BRIEF
C. PARAGRAPH CONSTRUCTION 7. ACCURATE
A paragraph is a sentence or group of properly 8. UP-TO-DATE
related sentences expressing a single idea. 9. FAIR
Hence, by analysis, its characteristics are:
1. It is a sentence, or CRITERIA OF A GOOD POLICE REPORT AND
2. A group of properly related sentences, and POLICE CORRESPONDENCE:
3. It expresses a complete (single) idea. 1. CLARITY
D. SPELLING a. AVOID UNWITTING TRANSFER OF LANGUAGE
Spelling is the act of forming words by b. AVOID ILLITERACY
letters. If you are a poor report writer and a lousy
speller, do not aim to be an investigator. 2. ACCURACY
E. DIVISION OF WORDS a. USE THE WORDS THAT SERVES YOUR PURPOSE
Technically, the improper division of words is b. LITERALLY, ACCURACY MEANS NOT ONLY
not an error in spelling. Nevertheless, a mistake EXACTNESS BUT ALSO NON-COMMISSION OF
committed makes the reader of the report confused ERRORS
with the impression that the word has been c. NEVER CONFUSE ONE WORD FOR ANOTHER
misspelled. (Hyphen)
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3. BREVITY- or conciseness means saying much in a
fewer words.
4. SPECIFITY- words that remain too general keep
people and events colorless and anonymous, as in:
TWO GENERAL TYPES (CATEGORIES) OF
POLICE REPORTS: Alma Jose, 1991
1. BASIC OR INFORMAL POLICE REPORT - This
type of report deals with the ordinary
miscellaneous, usual, day to day memorandum,
letter or form accomplished by any member of a
unit or section, precinct, bureau, or division
within a department, in accordance with the
prescribed regulation.
2. INVESTIGATIVE OR FORMAL POLICE
REPORT - This pertains to the exact narration of
facts, without any addition or subtraction, which
were discovered during the course of
investigation.
CLASSIFICATION OF INVESTIGATION
REPORTS:
1. INITIAL OR ADVANCE REPORT - This is a
written narration of facts concerning a new case
assigned to an officer.
Initial reports may be either in the form of a:
1. Spot Report
2. Advance Information Report
3. Alarm Report
4. Incident Report and the like
2. PROGRESS OR FOLLOW-UP REPORT - This is a
written narration of facts which were discovered
by the police officer on case in the course of his
follow-up investigation.
3. FINAL OR CLOSING REPORT - This is a
complete narration of facts based on an
exhaustive investigation of the case by the officer
who initially started the investigation of the case.
CRITERIA IN MAKING AN INVESTIGATIVE
REPORT
It should be grammatically correct,
abbreviations must be used appropriately and
correctly and avoid slang and unnecessary terms.
PARTS OF AN INVESTIGATIVE REPORT
1. ADMINISTRATIVE DATA
a. DATE
b. FILE NUMBER
c. SUBJECT
d. CLASSIFICATION
e. COMPLAINT
f. REPORTING INVESTIGATOR
g. OFFICE OF ORIGIN
h. STATUS
h1. Pending - This term when used by the
Office of Origin, indicates that the
investigation is continuing.
h2. Closed - A case can be closed by the
Office of Origin.
h3. Auxiliary Completion - This designation
status is used by an auxiliary office or
squad on completing its assigned
portion of the investigation.
i. DISTRIBUTION - The disposition of the
original and all copies of the report should be
clearly stated.
2. SYNOPSIS - Each report should bear on its cover
sheet a synopsis or brief description of the
actions of the perpetrators as established by the
body of the report and the summary of the major
investigative steps thus far accomplished.
3. DETAILS OF THE REPORT - The “DETAILS”
section of the report has for its objective a
narrative account of the investigation.
4. CONCLUSIONS AND RECOMMENDATIONS
(Optional) - The investigator’s opinions,
conclusions, and recommendations as to the
status of the case and the disposition of physical
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evidence should be expressed under this
heading.
5. UNDEVELOPED LEADS - These are
“uncontacted” possible source of information
which appears necessary in bringing the
investigation to a logical conclusion.
6. INCLOSURES - These are supplementary
documents which may be consist of photogaphs
and sketches of crime scenes, identification
photographs, photostats of checks.
NARRATIVE TECHNIQUE:
Among the techniques in composition,
narration (long or short; preferably short but
complete) is effective in police report (Hurboda,
1996). This is because narration concerns with
events, with action, and with life in action. An action
takes place in time. There is a chronological
movement from a beginning to an end.
THREE ESSENTIALS OF A NARRATIVE:
1. SETTING - In writing an investigative report, the
setting is the introductory paragraph.
2. CHARACTER - the second essential in the
narrative involves the people in the crime such as
the victim, the suspect and the witness.
3. ACTION - Why? (motive of the crime)
- How? (modus operandi or
the manner of occurrence)
INVESTIGATION REPORT FORMAT
The form is similar to the Subject-to Letter
except that the text is guided by the following
headings:
1. Authority
2. Matters Investigated
3. Facts of the Case
4. Discussion
5. Conclusions
6. Recommendations
THE SUBJECT-TO-LETTER
Presently, a subject-to-letter is most
applicable in police report writing. Commendations,
certificates of appreciations or any other meritorious
recognition, basic transmittal, recommendations for
promotion and similarly related requests also adopt
the subject-to letter format.
RULES ON MARGIN SETTING
1. TOP - first page (without printed letterhead),
typed letterhead, ¾ inch or 5 roller spaces from
the edge of the paper;
2. TOP - second and succeeding pages, 1 ¼ inches
or 7 roller spaces from the top of the paper;
3. LEFT - 1 ¼ inches or 15 bar spaces;
4. RIGHT - ¾ inch or 7 bar spaces; and
5. BOTTOM - 1 ¼ inches or 7 roller spaces
PARTS OF THE SUBJECT-TO-LETTER
1. THE HEADING - All of the materials above
the first line of the body comprise the
heading.
2. THE BODY - The message itself. It is the
substance of the typed letter as distinct from
the formal beginning and ending.
3. THE COMPLIMENTARY ENDING
As in business letter, there is also a
closing portion in the Subject-To Letter. This
refers to the materials found below the last
paragraph of the body.
THE CIVILIAN LETTER
A purely civilian letter is used when
communicating with the President of the Philippines,
Department Secretaries, Provincial Governors, City
or Municipal Mayors, Managers of the bottling
companies and the like.
PARTS OF THE CIVILIAN LETTER
1. HEADING - A typed or a printed letterhead may
be used.
2. DATELINE - Month, day and year in that order is
the dateline.
3. INSIDE ADDRESS - The addressee’s name
should be written fully.
4. ATTENTION LINE - To speed up handling of
letter, the attention line is used when the letter is
addressed to a company or to an individual or a
particular department of a company or to an
individual aside from the addressee.
5. SALUTATION - Greets the reader and the
greeting may be formal or informal or cordial or
personal.
6. BODY - The body is the message itself.
7. SUBJECT LINE - The subject line, or the gist of
the message, helps a very busy businessman find
out in a split second what the letter is all about.
8. COMPLIMENTARY CLOSE - A complimentary
close is usually followed by a comma and comes
immediately after the last line of the message.
9. COMPANY SIGNATURE - In business
correspondence, a company signature may be
shown immediately above the writer’s signature
on the theory that the company, not the writer, is
the legal entity
10. REFERENCE INITIALS - Initials of the writer
and his typist or secretary appear at the left side
of the stationery, about two spaces below the
writer’s identification.
11.ENCLOSURE NOTATION - This notation refers
to anything sent together with the basic
communication.
12. POSTSCRIPT (P.S.) - If a writer has forgotten
something in the message, he adds P. S..
13. COPIES - When one or two copies are
furnished, a carbon copy (cc) notation is
indicated on the original and all triplicate copies
of the letter. This may be done in one or two
ways indicated below:
LETTER ARRANGEMENT STYLE
In 1991, the Study Committee on Police
Correspondence and Issuances, under the
Directorate of Plans, General Headquarters,
Philippine National Police, chose only the Blocked
Letter and the Semi-Blocked letter styles.
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ISSUANCES - All issuance is generally termed as an
authoritative source of written communications sent
from a higher echelon to subordinates.
MEMORANDUMS - Interpreted the simplest way, a
memorandum is “a note to help the memory.”
ISSUANCE IDENTIFICATION
Other Administrative Issuances, excluding
handbooks and manuals, as well as memorandums of
limited application, shall be numbered consecutively
by calendar years.
CIRCULARS - are administrative instructions which
are directory, advisory or informative in nature, more
or less permanent in duration.
GENERAL CIRCULARS - This type of administrative
issuance shall contain administrative instructions
which are directory, advisory or informative in
nature, more or less general in application,
permanent in duration and requiring compliance by
or observance from or information of the employees
and the general public.
MEMORANDUM CIRCULARS - More or less
temporary in character, the Memorandum Circular
(Popularly acronymed as MC in government offices)
deals with subjects, such as explanations or
classifications of certain rules, regulations which are
complied with or executed by subordinates.
OFFICE CIRCULARS - cover administrative
instructions which are directory, advisory or
informative in nature, more or less permanent in
duration.
OFFICE ORDERS - are issuances for the regulation
of administrative matters in the General
Headquarters, Regional, Provincial/Metrodiscom,
and Stations.
BUREAU REGULATIONS - are primary regulations
for the administration. Any Regulation should be
signed by the Chief of Bureau, himself.
TRAINING DIRECTIVES - or the DILG Training
Orders prescribe courses for individuals and/or
training units.
SPECIAL ORDERS - are used to issue directives
affecting the status of individuals such as
appointments, transfers, promotions, reductions,
reliefs from duty, separation and leave of absence.
LETTER DIRECTIVES - contain routine directives
by which subordinate headquarters are given
instructions, advice or information.
COMPTROLLER/FISCAL DIRECTIVE - This type
is a routine directive to all subordinate headquarters,
units, and offices for the purpose of giving advice,
instructions or information over any financial
transactions within the bureau.
LETTER ORDERS - refer to official orders or
instructions sent in the form of a letter to the persons
concerned.
STANDING OPERATING PROCEDURES - An SOP
is a set of instructions regarding the procedures to be
followed on a routinary basis as desired by the chief
or the director.
OPERATION ORDER - Shortened as OPORD, the
Operation Order carries with it the obligation of
immediate execution at a specified time or date.
OPERATION PLAN - Popularly known as OPLAN,
this written vehicle may be effective immediately for
planning purposes or for specified preparatory
action for a particular condition determined to exist.
JOINT RESOLUTION - A resolution both chambers
pass that makes a statement on a public issue, makes
a request of the Governor or a government office, or
establishes a task force.
Legal forms
Legal forms are prototypes of any documents
or forms used in a legal transaction or judicial
proceedings, these contain important matters
conveyed in technical terminologies and presented
in a suitable and systematic order in accordance with
the circumstances of any case.
Legal Forms Related to law Enforcement
1. Sworn Statements
This is also termed as Sworn Declaration. It is
a document containing facts related to a legal
proceeding. The person who makes the declaration
affixes his or her signature in a separate endorsement
paragraph at the end of the document with a
statement that the declaration is made under oath.
2. Affidavits
These are types of verified, formal sworn
statement of fact signed by an affiant or author, and
witnessed by a notary public.
2.1 Affidavit of Complaint
Section 3 of rule 110 defined complaint as a
sworn written statement charging a person with an
offense subscribed by the offended party, any peace
office, or other public law officer charge with the
enforcement of the law violated.
2.2 Affidavit of Desistance
A complainant executes an affidavit of
desistance when he no longer wishes to pursue a
case against an accused an accused or defendant in a
court case.
2.3. Affidavit of Arrest
an affidavit of arrest is a statement given
under oath and penalty under perjury. This state’s
about facts and circumstances about the arrest. This
is filled out by the arresting officer.
2.4. Affidavit of Witness
An affidavit of witness is a legal and binding
document of written testimony of a witness as a way
for evidence to be presented to the court.
3. Inquest Forms
The Department of Justice issued a
Department Circular No. 61 on the New Rules of
Inquest.Inquest is a formal and summary
investigation conducted by a public prosecutor in
criminal cases involving persons arrested and
detained without the benefits of warrant of arrest,
issued by the court for the purpose of determining
whether or not they said person should remain under
the custody and correspondingly be charged in
court.
4. Complaints in Criminal Cases
It is important that those who will be writing
the police report will be familiar with the forms of
complaints in criminal cases, its formats, and the
standard headings and captions of cases.
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OFFICIAL NOTICES
Summons/ Appearance Notice
Official notices telling a person that he/she
has to appear in court at a specific time and place to
answer to a criminal charge. It tells a person of the
date he/she has to appear in court, the location of the
court, and the types of offense he/she is charged
with.
In cases the person fails to go, a warrant of
arrest may be issued for his/her arrest.
Summons- given to a person that has already been
charged with an offense. Can be received via mail.
Appearance Notice- given to a person before he/she
is charged with an offense. Served by the police
officer.
Subpoena
This is an order from the court that requires
an individual to be somewhere in person at a certain
place, date and time to testify as a witness in a case.
Two types of subpoena
1. SUBPOENA AD TESTIFICANDUM- which
orders a person to testify before the ordering
authority or face punishment. ( CONTEMP
OF COURT- arrest or fine)
2. SUBPOENA DUCES TECUM – which orders
a person to bring physical evidence before
the ordering authority or face punishment.