Chapter 1

ARREST, RAID, SEARCH AND SEIZURE

A. ARREST

1. Arrest and Defined. Arrest is the taking of a person into custody so he

can answer for the commission of an offense.

2. Who are Exempt From Arrest?

a) Senators or Members of the House of Representatives, while

congress is in session, in all offense punishable by not more than six (6)
years imprisonment. [Sec. 11. Art. VI, 1987 Constitution.]

b) Diplomatic officials and their domestics. [Rep. Act No. 75.]

3. Duty of Arresting Officer. It shall be the duty of the officer executing the
warrant without unnecessary delay to arrest the accused and to deliver
him to the nearest police station or jail. [Sec. 3, Rule 113, Rules of Court.]

4. Techniques in Making Arrest.

a) Initial contact with subject.

(i) Investigator/operative identifies himself in a clear and audible voice.
(ii) Show identification.
(iii) Inform the subject that he is under arrest.
(iv) Consider the possibility that the subject is wanted for other crimes.
(v) Methods of arrest:

[1] With warrant of arrest -- The officer shall inform the person to be
arrested of the cause of arrest and of the fact that a warrant has been
issued for his arrest, except when he flees or forcibly resist before the
officer has opportunity so to inform him or when the giving of such
information will imperil he arrest. The officer need not have the warrant
in his possession at the time of the arrest but after the arrest, if the
person arrested so requires, the warrant shall be shown to him as son as
practicable. [Sec. 7, Rule 113.]

[2]Without a warrant of arrest -- The officer shall inform the person to

be arrested of his authority and the cause of his arrest, unless the person to
be arrested is then engaged in the commission of an offense or is pursued
immediately after its commission or after an escape, or flees or forcibly resist
before the officer has opportunity so to inform him, or when the giving of
such information will imperil the arrest.
b) Investigator’s / operative’s conduct.

(I) Be natural and pleasant but forceful and aggressive.

(ii) Dominate the situation.
(iii) Voice must command authority.
(iv) Demand prompt and absolute obedience.
(v) Nervousness should be controlled.
(vi) Avoid acting “tough” as the subject will be first to detect it.
(vii) Avoid profanity ( this reflects personality weakness.)
(viii) Avoid being reticent or apologetic.
(x) Investigator in charge does the talking and gives the command.

Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within

the statutory period, remains valid unless recalled by the issuing court, or if
the accused is arrested or has voluntarily submitted himself to the jurisdiction
of the issuing court, unlike a search warrant which has a lifetime of only
ten(10) days from its date of issuance.

6. When Arrest May be Legally Effected.

a) In general, an arrest can be validly effected only upon lawful order

or warrant of competent court or judge.

b) Lawful Warrantless Arrest:

(I) When, in the law enforcer’s presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense.
[Sec. 5 (a), Rule 113.] (See the case of Umil v. Ramos, G. R. No. 81567,
under Appendix “A-2’.)

(ii) When an offense has in fact just been committed, and the officer has
personal knowledge of facts indicating that the person to be arrested has
committed it. [Sec. 5(b), ibid.] (See the case of Nazareno v. Station
Commander, G.R. No. 86332, October 3, 1991, under Appendix “A-2’.)

(iii) When the person to be arrested is a prisoner who has escaped

from a penal establishment or place where he I serving final judgement or
temporarily confined while his case is pending, or has escaped while being
transfer from one confinement to another. [Sec. 5(c), ibid.] (iv) If a person
lawfully arrested escapees or is rescued, any person may immediately pursue
to retake him without a warrant at any time and in any place within the
Philippines. [Sec. 13, ibid.]
(v) When the arrest is made by a bondsman for the purpose of surrendering
the accused. [Sec. 20, Rule 114.]

(vi) Where the accused released on bail attempts to leave the country without
court permission. [Ibid.]

(vii) Violation of conditional pardon, punishable under Art. 159 of the Revised
Penal Code as a case of evasion of service of sentence.

7. Planning the Arrest.

a) This is a responsibility of the chief team leader or officer acting in his

absence.
b) If the arresting party is composed of two (2) or more members,
somebody must be placed in charge, preferably the most experienced.
c) Consider the arresting party and covering party.
d) Consider protection of innocent bystanders.
e) Prevent escape of subject.
f) Make a discreet reconnaissance of the area.
g) Determine weapons and equipment needed.
h) Consider superiority of manpower and firepower.
I) Make the plan simple enough to be understood by the least
experienced operative/investigator.
j) Consider the element of SURPRISE. (Daybreak has proven
satisfactory for a number of successful arrests.)
k) Consider SPEED in the execution of the plan.
l) Consider overall coordination.
m) Consider concealment or cover that might be available both in
effecting the arrest and removing the subject from the building.
n) The briefing officer should ask the participants if they have any
questions regarding the plan.

8. Who May Executive Arrest. Among others, members of the PNP and
the NBI may effect arrests.

9. How to Effect Arrest.

a) In General. An arrest is made by an actual restraint of the person to

be arrested, or by his submission to the custody of the person making the
arrest.

No violence or unnecessary force shall be used in making an arrest,

and the person arrested shall not be subjected to any greater restraint
than is necessary for his detention. [Sec. 2, Rule 113.]
 b) Making the Arrest:
(i) Use good judgement in connection with the arrest.
(ii) Assume that the subject is armed and will take your life if given an
opportunity.

c) Arrest on the Street:

(i) This should be made from the side or fear when possible.
(ii) Subject should be forced toward a building.
(iii) Avoid congested areas when possible.

d) Arrest at Home, Office or Business Establishment :

(i) Restrict the subject’s movement. Do not grant request for
personal privileges before being searched.
(ii) Clothing and other things requested should be examined for
weapons or items of evidence before turning them over to the subject.

10. Territorial Effectivity of a Warrant of Arrest. Warrants of arrest

issued by Metropolitan Trial Courts, Municipal Trial Courts or Municipal
Circuit Trial Courts can be served any where in the Philippines without a
certification by a judge of the Regional Trial Court. [Supreme Court
Circular No. 14, 22 Oct 85.]

11. Duty of Person Making an Arrest Without a Warrant. Any person

making an arrest on legal grounds shall, without unnecessary delay and
within the time prescribed under Art. 125 of the Revised Penal Code,
take the person arrested to the proper court or judge for appropriate
action. However, it is not the physical delivery of the arrested person that
is required under Art. 125 of the RPC, but the filing of an information
against the arrested person in the proper court, where the judge has the
authority to issue an order of release or if confinement.

12. Periods Within Which Person Arrested Without a Warrant Should be

Charged in the Proper Forum: Executive Order No. 272, dtd 25 July 1987,
amended Article 125 of the Revised Penal Code by extending the period
authorized to detain a person prior to delivery to the judicial authority , to wit:
six (6) to twelve (12) hours fro crimes or offense punishable with light
penalties; nine (9) to eighteen (18) hours for crimes or offenses punishable
with correctional penalties; and eighteen (18) to thirty-six (36) hours for crimes
or offense punishable with afflictive or capital penalties.

13. Right of Attorney or Relative to Visit Person Arrested. Any member

of the bar shall, at the request of the person arrested or of another on his
behalf, have the right to visit an confer privately with such person, in jail or
any other place of custody at any hour of the day or, in urgent cases, of the
night. This right shall be exercised by any relative of the person arrested
subject to reasonable regulation. [Sec. 14, Rule 113.]
 Executive Order No. 155, dated 30 March 1987, amending Republic Act
No. 857, penalizes any public officer who deprives a person of his right to
counsel. The penalty
shall be prision correctional or imprisonment of 6 months and 1 day to 6
years.

14. Medical Examination of Arrested Person/Suspect. Immediately after

the arrest of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a medical examination. Prior to his
release or any change of custody , the suspect should also be medically
examined by a medico-legal officer or, in the absence of such medico-legal
officer, by any government physician ib the area.

15. Summoning Assistance for the Arrest. Any officer making a lawful
arrest may verbally summon as many person as he deems necessary to aid
him in making the arrest. Every person so summoned shall aid him in the
making of such arrest, when he can render such aid without detriment to
himself. [Sec. 10, ibid.]

16. Right of Person Arrested. Republic Act No. 7438 states the rights of a
person arrested, detained or under custodial investigation.

B. SEARCH

1. Search Defined. Search is an examination of an individual’s person,

house, papers or effects, other buildings and premises to discover contraband
or some evidence of guilt to be used in the prosecution of a criminal action.

2. Search Warrant Defined. 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
to a peace officer, commanding him to search for personal property
described therein and to bring it before the court. [Sec. 1, Rule 126.]

3. Personal Property to be Seized. A search warrant may be issued for

the search and seizure of the following personal property:
a) Property subject of the offense;
b) Property stolen or embezzled and other proceeds or fruits of the offense;
and
c) Property used or intended to be used for committing an offense. [Sec. 2,
ibid.]

4. Probable Cause Required for a Search Warrant. Probable cause

means that sufficient facts must be presented to the judge issuing the warrant
to convince him that circumstances sufficiently establish the need for the
issuance of the warrant.

5. May Things Illegally Seized be Admitted in Evidence? The fruits of an

illegal search are inadvisable as evidence. Any evidence obtained in
violation of the right of the people against unlawful searches and seizures
shall be inadmissible for any purpose in any proceeding. [Sec. 3(2), Art. III,
1987 Constitution.]

6. May Articles Not Mentioned in the Search Warrant be Seized?

Generally, articles not include in the search warrant may not be seized.
However, articles prohibited by a statute, although not included in the search
warrant, may be seized.
Thus, if during the progress of a bonafide search for other commodities
illegally possessed, whether with search warrant or not, contraband or items
declared as illegal per-se are discovered. the contraband can be seized. The
seizure of goods, the possession of which is forbidden by statute, violates no
constitutional right of the accused.

7. How to Serve a Search Warrant. A search warrant must be served

within ten (10) days from its date (thereafter, it shall be void) [Sec. 9, Rule
126] in the following manner:
a) The police officer concerned must go to the place indicated in the
search warrant and take the things described therein, in the presence of at
least one competent witness who is a resident of the neighborhood. If he is
refused admittance to the place of search after giving notice of his purpose
and authority, he may force himself in to execute the warrant; and if he is
detained therein, he may force himself out to deliberate himself. [Sec. 6, ibid.]

b) The search must be made at daytime, unless otherwise stated [Sec. 8,

ibid.]

c) The officer seizing the property must issue a detailed receipt of the
thins seized to the person in whose possession it was found, or in the
absence of such person, he must, in the presence of at least one witness,
leave such receipt in the place where such things were seized [Sec. 10, ibid.]

(i) In compliance with this procedure, it has been standard practice to

issue a RECEIPT FOR PROPERTY SEIZED [See Appendix “A”] after a
seizure. the receipt is signed by the seizing officer only and two witnesses.
Recent Supreme Court decisions, however, declare that such receipt when
signed by the accused, is in effect an extrajudicial confession of the
commission of the offense charged. [People v de las Marianas, G. R. No.
87215, 30 Apr 91; and People v Mauyao, G. R.

No. 84525, 6 Apr 92]. Consequently, if the accused does not sign
such receipt , it may still be used in evidence. Moreover, if the accused DID in
fact sign the receipt, but he signed it with the assistance of a lawyer of his
own choice, that act would constitute a valid waiver of his right against self-
incrimination.

(ii) It must be noted that in the cases cited above, the crime charged is
possession of prohibited drugs. Thus, the signature of an accused on the
receipt is a declaration against the interest and a tacit admission of the crime
charged, as mere unexplained possession of prohibited drugs is punishable.
The doctrine is therefore not a hard and fast rule as far as the “Receipt for
Property Seized” is concerned. If the crime charged is possession of
unlicensed firearms, for example, the doctrine would apply. in other cases, it
will not apply.

(iii) Another document which is made after a search is a CERTIFICATION

OF PROPERTY SEIZED [See Appendix “B”]. This is signed by the owner of
the seized property, and would seem to fall more under the court
pronouncement above than the “Receipt for Property Seized” does.

d) As much as possible, during the opening of safes, drawers, cabinets,

tables, etc., the lifting of the articles should be done by the owner of the house
or his authorized representative,or by immediate members of his family, to
preclude any suspicion of theft or planting of evidence.

e) Thereafter, the officer must immediately deliver the things or

property seized to the judge who issued the warrant, together with an
inventory duly verified under oath. [Sec. 11, ibid.]

8. Lawful Warrantless Searches and Seizures:

a) When there is consent or waiver. To be a valid waiver, the right must

exist, the owner must be aware of such right, and he must have an
intention to relinquish it.

b) When evidence to be seized is in “plan view”. The discovery of the

evidence must be inadvertent or unintentional.

c)Customs search or search made at airports/seaports in order to collect

duties. this warrantless search is allowed due to urgency.

d) Search of moving vehicles may be made without a warrant because it

would be impracticable to secure a warrant before engaging in “hot pursuit.”

c) Routine searches made at or in the interest of national security, such

as border checks or checkpoints.

f) Stop-and-search or stop-and-frisk, where the search precedes the

arrest, and is allowed on grounds of reasonable suspicion.

g) Search incidental to a lawful arrest. A person lawfully arrested may be

searched for dangerous weapons or anything which may be used as proof
of the commission of an offense, without a search warrant. [Sec. 12, Rule
126.]

9. Searches of Persons Arrested.

a) “Probe”, do not “pat”.

(A woman operative should be used to search females.)
 b) The need to handcuff subject(s). Dangerous and violent criminals, as
well as escapes from prisons and escapes artists, must be handcuffed.

c) Do not stop the search when a weapon is found.

d) Look for items which may be used to commit suicide.
e) Look for items of evidence.
f) Searches should never cross the line of fire.
g) Do not talk to subject(s) in the source of the search.
h) Do not grant subject’s request to attend to something before, during
and immediately after the search.
I) In a search by a single officer, have the gun ready with the hand at a
distance from the subject.
j) Be sure to search a very part of the body and clothing.

10. Types of Searches:

a) Wall Search. The purpose is to place the subject in an “off-balance”

position requiring the use of both arms and legs to keep him from falling to the
ground. This is the safest type of search. It does not necessarily require a
wall; any object that can support the weight of the subject (such as a car) can
be used. The procedure are:
(I) Requiring subject to place both hands on the wall slightly higher than his
waist. Spread hands as far as possible. Palms should be placed against
the wall, finger extended.

(ii) Extended the subject’s feet back away from the wall as far as possible.
Spread them as far apart as possible, toes pointed out. Buttocks should not
be on an arched position.

(iii) The subject’s head should be down or bowed at all times.

(iv) Mechanics in executing the “Wall Search”:

[1] If there is only one subject, the leader of the search should be placed
himself at one side, while his subordinate is on the other side;

[2] To search the other side, the subordinate should move to the opposite
side;

[3]If there are two or three subjects, move one subject to be searched on
the wall, but out of reach of the others;

[4] Search both sides of subject, the leader conducting the searches and the
subordinate guarding the others;

[5] Move one subject at a time;

[6] Subject’s head should be down at all times;

[7] The subordinate should concentrate on the actions of the subjects and not
the action of the leader;

[8] When there are more then three subjects, additional personnel should be
summoned;

[9] In serious apprehensions, the searches should hold his weapon in

ready position throughout the search;

[10] The body must be searched systematically with the foot of the searcher
placed tightly against subject’s foot, right with right, left with left, anklebone
against anklebone;

[11] remove any object found, then examine the palm of the hand, including
between the fingers.

b) Standing Search.
(I) Raise subject’s hand over his head and spread his feet as far apart
as possible.
(ii) This is not recommended because the subject is in an “on-balance”
position.

c) Kneeling Search.
(I) Subject kneels on the ground with hands raised over his head.
(ii) This is also discouraged for the same reason as the “standing
search”.

d) Prone Search.
(I) Subject lies on his stomach with arms and legs outstretched.
(ii) Subject has both arms and legs free and is at all times in an “on-
balance” position.
(iii) Front part of clothing can not be searched.
(i) This can be extremely dangerous if the subject has know

11. Method of Restraint: Handcuff.

a) This is the best method of restraint. If applied properly, it is a good

preventive measure; if improperly applied, it could be dangerous.

b) How handcuffs are applied;

(I) Take position directly behind the subject.

(ii) The handcuff is applied when the subject has placed his hand on the
small of his back.
(iii) Do not reach out for the hands of the subject as it will provide him
with an opportunity to grasp the hand of the investigator and throw him off-
balance.

c) When applying handcuffs, give the following orders to the subject and
follow this procedure:
 (I) First Order: “ Take your right hand off the wall and place it on the
small of your back.” Fasten the handcuff to this hand and firmly hold the
other handcuff.

(ii) Second Order: “Move up and put your hand against the wall.” Allow
the subject to move closer to the wall, making certain his feet remain back far
enough to keep him “off-balance”.
(iii) Third Order: “Take your other hand off the wall and place it on the
small of your back.” Fasten the other handcuff and double-lock both
handcuffs.

(ii) Final Order: “Stand up and face the wall.” Help the subject in
doing this edge of judo.

12. Transporting a Prisoner.

a) If transported by jeep, the subject is seated on the right rear seat and
the police seats at the rear on the left side facing the subject. Secure the
hands of the subject under his knees.

b) If transported by car, the subject is seated on the left rear seat and the
investigator sits on the right rear seat. Hands of the subject should be
secured under his knees.

C. RAIDS AND SEIZURES

1. Introduction.

a) Every member of a law enforcement organization must know the

technique of conducting a raid.

b) Raids are usually made after careful investigation and when other
methods of accomplishment the mission are not suitable.

c) Whenever available, men experienced in conducting police raids

should be chosen as raid commanders.

2. Raid Defined. A raid is a surprise invasion of a building or area. It is a

small-scale attack of a limited territory.
Legal basis. a raid must be legal, having its basis in lawful process and
conducted in a legal manner. This will be in the form of a search warrant or
warrant of arrest. The raid may be in pursuit of a person reasonably
believed to be guilty of a felony when it is known that the felony has just
been committed.

3. Objectives. The purpose of a raid is usually to:

a) Effect an apprehension;
 b) Obtain evidence of illegal activity by surprising the offenders in
flagrante delicto; or
c) Recover stolen property.

4. Factors Affecting Success or Effectiveness of a Raid:

a) Size of raiding party.

b) Speed.

c) Surprise.

d) Superiority of arms.

e) Simplicity of plan and operation.

5. Qualification of Members of a Raiding Party:

a) Leadership.

b) Good judgement.

c) Tact.

d) Coolness and stability.

e) Experience.

f) Steady nerves and mental stability.

g) Discipline.
6. Composition of a Raiding Party:

a) Raid commander, assistant raid commander,

covering or surrounding party;
b) Going-in detail or entering party;
c) In charge of raiding vehicle;
d) In charge of rendering inoperative the subject’s vehicle , if any;
e) Recorder who should keep an accurate log of the raid, gather
evidence, make inventories and testify in court; and
f) Photographer.

7. Duties of Covering or Surrounding Party:

a) covers approach of going-in detail or entering party.

 b) Prevents the escapes of criminals.

c) Covers the entire area of the building.

d) Neutralizes fire of barricaded criminals.

8. Duties of Going-in Detail or Entering Party:

a) Calls for surrender of criminals.

b) Effects arrests.

c) Incapacity and dislodges criminals.

a) Searches for evidence.

9. Undertakings. As in purely military operations, a raid, to be successful,

must have the following elements:

a) Mission.

b) Reconnaissance.

c) Plans.

d) Instructions.

e) Orders.

f) Execution.

10. Planning the Raid. The success of a raid depends upon intelligent
planning and competent implementation. To achieve the necessary elements
of surprise, the operation must be performed surreptitiously and with speed.

a) The terrain and the building should be subjected to close study.

b) In order to obtain the necessary data for planning, a

reconnaissance/surveillance of the place should be conducted.

c) The participants should be informed of the nature of the mission.

 d) The specific assignment and position of each member of the raiding
party, the tactics to be employed, the equipment and transportation to
be used, the evaluation of possible danger points, and optimum time to
be selected should be stressed. e) Things to consider when planning a
raid:

(I) Need for surveillance.

(ii) number of individuals to be apprehend. Are they armed? With what?

If uncertain, assume they are armed.

(iii) Are photographs and description of subjects available for use in the
briefing?

(iv) Determine the physical structure of the place where the criminals are
located.

(v) Determine all possible escape route.

(vi) Need to directly photograph the place and immediately area.

(vii) Type of neighborhood where the hideout is located.

(viii) Volume and kind of activities in the neighborhood at various times

(to determine the most desirable time to conduct the raid).

(ix) Street plans of neighborhood for possible road blocks.

(x) Do the men have confidence in the ability of the raid leader?

(xi) Consider: [1]Speed- - in moving into position and the execution of the
plan.

[2]Surprise - - catch subject off-guard.

[3]Simplicity - - a plan that is easy to remember and understand; this avoids

conclusion.

(xii) Consider dividing the raiding party into:

[1]Cover group: moves into position first, covers advance of raiding

group and avenue of escape.
[2]Raid group: disarms and restrains subjects, searches premises,
secures evidence, etc.

(xiii) Does every member of the raiding groups know the raid plan
completely? The identities and duties of all?
 (xiv) What is your move-out plan?

(xv) What are the instructions concerning the use of firearms?

(xvi) What are the instructions concerning the possible handling of traffic?

(xvii) What are the instructions concerning communications, signals, etc.?

(xviii) How do you identify each other? Arm bands, password, insignia,
etc.?
(xix) Make sure your plan avoids crossfires.

(xx) Do you have all the equipment you might need, such as flashlight
searchlight, vehicles, transceiver, loudspeaker (public address system),
firearms, teargas, etc.?

(xxi) Ask each participants to repeat his duties to the raid leader.

11. Raid Operation.

Coordination of individual efforts is an essential element in the success

of a raid. The raiding party should act as a team. The members of he team
must thoroughly understand the objectives, the plan of action and the orders.
Each man should hold his assigned position until his orders are changed by
the team leader. Before leaving the headquarters to proceeds to the target,
the team leader must conduct a final briefing personnel. After assembly of the
men at the designated area, which should not be too close to the target area.
they should not assume the appearance of a formal gathering. The raider’s
vehicle should be safeguarded to prevent their use by the subject. Vehicle
belonging to the subjects should e rendered inoperative by the simplest
available means. A cordon should be posted, depending upon the availability
of men, to prevent possible escape and restrain people from wandering. In
the event the suspect fails to heed the warning to surrender, entry must be
made through one points so that the raiders will not mistake one another. As
soon as the raids is completed, guards should be left to protect the property
and to observe or apprehend associates of the suspects. The raiders then
reassemble at a designated place for a final accounting of all members of the
raiding

12. Coordination With the Local Station Commander.

It is imperative that immediate before the service of a search warrant
the team leader should see to it that proper coordination is made with the
station commander having jurisdiction over the target premises. The
coordinating party is bound merely to relay that their team is conducting an
operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of
a mistake encounter.
13. Dont’s in a Raid:
a) Don’t take unnecessary chances.
b) Don’t underestimate the ability or courage of the subject(s).
c) Don’t raid when not properly prepared.
d) Don’t endanger the lives of bystanders.
e) Don’t use raiders not well-acquainted with each other.
f) Don’t forget gas mask when employing teargas.
g) Don’t be unnecessary rough on the subject(s).
h) Don’t shoot to kill unless very imperative.
I) Don’t touch the evidence unless seen by witnesses, or by the
owner or occupant of the place.

14. Seizures.
a) The following will be seized at the scene of the raid:
(I) Weapons which may be used against the raiding party.
(ii) Articles which might be used as a means of suicide.
(iii) Articles which might be used in escaping.
(iv) Articles which may be used in the commission of the crime.
team.
(v) Proceeds or fruits of the crime (stolen property).

b) Disposition of money and other valuable property:

(I) Money should be counted and the serial number of bills noted.

(ii) Valuables should be sealed in a property envelop in the presence

of the prisoner.

(iii) Property envelope should show a complete inventory of its

contents.

(iv) The prisoner should initial the outside of the envelope showing
approval of its contents.

(v) Raiding officer should sign their names on the outer part of the
envelope.

(vi) A receipt should be given to the prisoner. However, this is

qualified by the decision of the Supreme Court declaring as inadmissible in
evidence the Receipt for Property Seized, signed by the accused, in case
where mere possession of the items seized is punishable.

c) Disposition of articles not covered in a search warrant:

(I) If the articles are illicit or contraband, the same must be seized.

(i) Such articles may be used as evidence to prosecute the

person.
(iii) Non-contraband articles must be returned to the owners or must
not be seized in the first place.
15. Mugshots and Fingerprints.

Arresting units shall at all times take the mugshot and fingerprints of all
arrested persons. Copies thereof shall be provided to the PNP Crime
Laboratory Service to serve as master file.

16. Accomplishment of NUCCR.

Operating units concerned shall accomplish regularly the NUCCR and

all agencies concerned shall be provided with copies thereof.

17. Reports on Arrested Persons.

All arrest made shall be immediately reported to the C, PNP; AIIN, DO,
DIN, DI.

CONSTITUTIONAL REQUIREMENT
ON CUSTODIAL INVESTIGATION

1. Section 12, Article III, 1987 Constitution.

(1) Any person under investigation for the commission of an offense

shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own
choice. If the person cannot afford the service of counsel, he must be
provided with one. These right cannot be waived except in writing and
in the presence of counsel.

(2) No fortune, force violence, threat, intimidation or any other means

which vitiate the free will shall be used against him. Secret detention
place, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or

Section 17 hereof [ on suspect’s right against self-incrimination] shall
be inadmissible in evidence against him.

(4) The law provides for penal and civil sanctions for violations of this section
as well as compensation to and rehabilitation of victims of torture or
similar practice, and their families.

2. Formats of Sworn Statements in Compliance With Sec 12 Art III of the

1998 Constitution:

a) Format of Sworn Statement in English:

Sworn statement of JUAN DELA CRUZ BY INVES. LT. JOSE STA

ROMANA at the office of the directorate for Investigation, Camp
Crame, Quezon City, in the presence of SPO4 Jorge Nunez, this 20th
day of August 1992.
 Preliminary; Mr Juan Dela Cruz, you are being informed that you are
under investigation for your involvement in the commission of an
offense. You are reminded that under our new Constitution, you have
the right to remain silent and to be assisted by counsel, this office will
provide you with a lawyer free of charge. Any statement that you will
make can be used for or against you in any court of law in the
Philippines. Is this clearly understood by you?

ANSWER: Yes, sir.

QUESTION: Having been informed of your right under the Constitution
to remain silent, do you wish to proceed with this investigation?
ANSWER: Yes, sir.
QUESTION: Do you wish to be assisted by a counsel of your own
choice?
ANSWER: I do not need the assistance of counsel.
QUESTION: You are also reminded that whatever.
Statement you will give might be used against you. Is this clearly
understood by you?
ANSWER: Yes, sir.
QUESTION: In short, you are waiving your right to counsel in this
investigation/
ANSWER: Yes, sir.
QUESTION: Are you willing to sign a waiver to that effect with the
assistance of Atty. Antonio Soliman, who is here present?
ANSWER: Yes, sir.

CERTIFICATION / WAIVER

I, JUAN DELA CRUZ, do hereby certify that before taking down my

statement s, the investigator had fully explained my constitutional
Rights under Sec. 12 Art III of the New Constitution, which are fully
understood, and I hereby waive my aforesaid rights to remain silent
and to be assisted by counsel in the presence of and with the
assistance of Atty. Antonio Soliman.

JUAN DELA CRUZ

Affiant

Assisted by: Antonio Soliman Counsel

QUESTION: Are you ready to give a free and voluntary statement?

ANSWER: Yes, sir.
Q1: Please state your name and other personal circumstances.
A: JUAN DELA CRUZ, 50 yrs old ,married and residing at lot 70,
Blk. 70 Francisco Homes, San Jose Del Monte, Bulacan.
Q2: Please state the name of the school(s) you have attended.
A: xxx xxx xxx
Q3: Do you know why you are here? OR Do you know why you were
invited for questioning.
 A: xxx xxx xxx
Q12: The investigator has nothing more to ask you for the present.
Do you have anything.
A: No more.
Q13: Are you willing to sign this statement of yours, consisting
of______ pages, including this last page, and affirm under oath
to the truthfulness of the same?
A: (The answer to this question should not be typed but should
written in the suspect’s or witness own hand. The typist should leave
a space for the handwritten answer of the affiant and the latter
should be made to write out, in his own hand, the following
statement:”Yes", sir, I have read this statement of mine consisting of
__________ pages and it is the truth. I made it of my own free will,
without any threats or promises having been made to me by anyone.”)

b) Format of Sworn Statement in Filipino:

SINUMPAANG SALAYSAY NI JUAN DELA CRUZ NA KINUHA NI

INVES. SPO4 JOEL DELOS REYES NITONG IKA-20 NG AGOSTO
1989 SA TANGGAPAN NG DIRECTORATE FOR INVESTIGATION,
CAMP CRAME, QUEZON CITY, SA HARAP NI SPO1 JORGE
MERCADO.

PASUBALI:Mr. Juan dela Cruz, ipinagbibigay alam namin sa inyo na kayo ay

inuusig tungkol sa isang kasalanan. Pinaalala namin sa inyo na sa
ilalim ng ating Bagong Saligang Batas ay karapatan ninyo ang
magsawalang-kibo at magkaroon ng patnubay ng manananggol sa
sarili ninyong pili. Ito ba ay nauunawaan ninyo?

SAGOT: Opo.
TANONG: Pagakatapos na maipabatid sa inyo ang inyong karapatan
sa ilalim ng ating Saligang Batas na magsawalang-kibo, nais ba
ninyong ipagpatuloy ang imbestigasyong ito?

SAGOT: Opo.
TANONG: kailangan mo ba ng manananggol?
SAGOT: Hindi ko na po kailangan ng manananggol sa imbestigasyong
ito.
TANONG: Pinapaalala rin namin sa inyo na anumang salaysay ang
ibibigay ninyo sa imbestigasyon ito ay maaaring gamitin laban
sa inyo. Ito ay nauunawaan ninyo?
SAGOT: Opo.
TANONG: Handa ka na ba bang magbigay ng isang kusangloob na
salaysay?
SAGOT: Opo.
PAGPAPATUNAY

AKO, SI JUAN DELA CRUZ, ay nagpapatunay na bago kinuha ang

aking salaysay, ipinaliwanag sa akin ng imbestigador ang aking mga
karapatan sa ilalim ng Sec 12 Art III ng Bagong Saligang Batas, at ito
ay naintindihin ko, at dahil dito ay isinasantabi ko ang naturang
karapatan ko na magsawalang-kibo at magkaroon ng patnubay ng
manananggol sa harap at sa tulong ni Atty. Antonio Soliman.

JUAN DELA CRUZ

Nagsasalaysay

Sa tulong ni: Antonio Soliman

Manananggol

TANONG: Handa na ba kayong magbigay ng malaya at kusangloob

na salaysay?
SAGOT: Opo.
T1: Pakisabi lang po ang inyong pangalan at ibang personal na bagay
tungkol sa inyo.
S: Ako po ay si JUAN DELA CRUZ, 50 taong gulang, may-asawa at
naninirahan sa Lot 70, Blk. 70, Francisco Homes, San Jose
del Monte, Bulacan.
T2: Ano-ano po ang mga paaralan pinasukan ninyo?
S: xxx xxx xxx
T3: Alam niyo ba kung bakit kayo naririto? O kung bakit kayo
naimbitihan para sa isang katanungan.
S: Opo.
T12: Ang imbestigador ay wala nang itatanong inyosa ngayon.
Mayroon pa ba kayong ibig sabihin o idagdag sa salaysay
ninyo?
S: Wala na po.
T13: Nais niyo bang lagdaan ang salaysay niyong ito na may
_____ pahina, kabilang na ang huling pahina, at panumpaan
na pawang katotohanan ang sinsabi niyo sa nasabing
salaysay?
S: ( Sagot sa katanungan ito ay hindi dapat i-type kunid ay
nakasulat sa kamay ng suspect o ng witness. Ang nagmakinilya nito
ay dapat na magiwan ng espasyo para sa sagot na isusulat ng
nagsasalaysay, at itong huli ay dapat na ganito ang isulat: “Opo,
nabasa ko ang salaysay kong ito na may _____ pahina at ito ay ang
pawang katotohanan. kusang-loob ko itong ibinigay, nang walang
pananakot o pangako mula kanino man”)
 Chapter 2

CONFESSION AND ADMISSION

A. CONFESSION:

1. Confession Defined. It is the declaration of an accused expressly

acknowledging his guilt of the offense charged. (Statutory Definition.)

Confession is an express acknowledgement by the accused, in a

criminal case, of the truth of his guilt as to the crime charged, or of
some essential part thereof. (U.S. Vs. Tea, 23 Phil. 64)

2. Effect of Confession. The confession of the accused may be given in

evidence against him in the investigation or trial of the offense with
which he is charged.

3. Types of Confession:

a) Judicial confession or confession in open court.

b) non-judicial confession, which is also called “out-of-court” or extra-

judicial confession. This kind of confession is inadmissible unless
corroborated by proof of corpus delicti.

c) Involuntary, which is a “forced” confession, and therefore

inadmissible in evidence.

d) Voluntary, when the confession was not induced by promises of

benefit or reward, or by force, violence, threat, intimidation, duress, or
any other means which vitiates the free will of the accused. A person
who confesses that he committed a crime in effect waives his right to
remain silent. therefore, for the confession to be valid, it must not only
be voluntary, but also in writing and made with the assistance of
counsel of his own choice, with full understanding of the consequence
of such confession.

4. When is a Confession Inadmissible? No person shall be compelled to

be a witness against himself. Any person under investigation for the
commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel
preferably of his own choice. If he cannot afford the service of counsel,
he must be provided with one. These rights cannot be waived except
in writing and in the presence of counsel. No force, violence, threat,
intimidation, or any other means which vitiates the free will shall be
used against him.

Any confession obtained in violation of the foregoing shall be

inadmissible in evidence against him. furthermore, the officer who
 secures a confession in violation of any of these rights may be held
liable for damages under Article 32 of the Republic Act no. 386.

5. Corroborating the Extra-Judicial Confession of an Accused. It must

be corroborated by evidence of corpus delicti to sustain conviction.
This requirement does not mean that every element of the crime must
be proven by evidence independent of the confession, but rather, that
there must be some independent evidence to show that a crime was
committed.

6. Confession Made by a Defendant Against a Co-Defendant. A

Confession made by a defendant is admissible against himself but not
against himself his defendant (based on the rule on res inter alios
acta), unless the defendant are being prosecuted for a crime involving
conspiracy, the confession of one conspirator may be admitted in
evidence against his co-conspirator.

7. Best Method of Ratifying a Confession. Confessions made by a

suspect before an investigator should be sworn to preferably before a
prosecutor or municipal/city judge.

8. Crime Reenactment. This is accomplished through the use of movie

cameras and tape recorders by qualified technicians. In such
reenactment procedure, the written confession is used as the script
and the officer should ensure that the details of the crime as reported
by the accused are followed during the reenactment. This strengthens
the prosecutors case and serves to convince the judge that the
accused, whose face appears on the screen, was not maltreated nor
affected by sinister psychological influence. To be admissible
evidence, some person should be able to testify on the authenticity on
the recording.

B. ADMISSIBLE:

1. Admission Defined. It is a voluntary acknowledgement in express terms

or by implication, by a party in interest or by another by whose
statement he is legally bound, against his interest, of the existence or
truth of a fact in dispute material to the issue.

2. Distinguished From Confession. A Confession is a voluntary statement

either oral or written, made by a person charged with the commission
of a crime to another person wherein the suspect admits participation
in, or commission of, the criminal act, while an admission is a
statement by the accused regarding facts pertinent to crime. The latter
tends, in connection with proof of other facts, to prove the suspect’s
guilt. To be admitted as evidence, an admission must relate to relevant
and material fact. a confession is only admissible against the
confessor while an admission may be used even against a co-
defendant.
3. Admission of a Party. The act, declaration or omission of party as to a
relevant fact may be given in evidence against him.

a) Offer of Compromise. In criminal cases, except those involving

quasi-offense (criminal negligence) or those allowed by law to be
compromised, an offer of compromise by the accused may be received
in evidence as an implied admission of guilt.

b) Plea of Guilty Later Withdrawn or an Unaccepted Offer of Plea of

Guilty to a lesser offense is not admissible in evidence against the
accused who made the plea or offer.

c) Offer to Pay or Payment of Medical, Hospital or other Expenses

occasioned by an injury is not admissible in evidence as proof of civil or
criminal liability for the injury.

4. Admission by Third Party. The rights of a party cannot be prejudged by

an act, declaration, or omission of another, except:

a) An admission by a co-partner or an agent.

b) An admission by a co-conspirator, when the conspiracy has been
established by evidence.
c) An admission by one who is in privily with the party against whom
the admission is sought to be used.
d) An act or declaration made in the presence and within the hearing
or observation of party, who does or says nothing, when the act or
declaration naturally calls for action or comments it not true.
 Chapter 3

INTERVIEW AND INTERROGATION

A. INTERVIEW

1. Interview Defined. – An interview is the questioning of a person believed

to posses knowledge that is of official interest to the investigator.

2. Importance of Interview. – Interview in crime investigation is very

importance as the person interviewed usually gives hi account of an
incident under investigation of offers information concerning a person
being investigated in his own manner and words.

Basic Assumption: Nobody has to talk to law enforcers. No law compels

a person to talk to the police if he does not want to. Therefore, people will
have to be persuaded, always within legal and ethical limits, to talk to law
enforcers. This makes interviewing an art.

3. The person Interviewed.

Consider:
a) His ability to observe.
b) His ability to remember.
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy.
e) His moral weaknesses because of drunkenness, drug addiction, his
being a pathological liar or similar factors.
f) Emotional weakness springing from such sources as family problems,
hatred, revenge, and love.

4. The Interviewer’s Personal Traits.

a) He must be a practical psychologist who understand the human

psyche and behavior.
b) He has a sincere interest in people. People who are reclusive
generally are not good interviews.
c) He is calm, has self-discipline and sensitive.
d) He is courteous, decent and sensitive.
e) He is self-assured and professional. He is tactful, i.e., he knows what
to say and how to say it.
f) He is cordial and agreeable, and never officious. But he should avoid
over-familiarity.
 g) He is purposeful, persistent and patient. Some people just cannot be
rushed.
h) He is analytical.
i) He is flexible and cautions.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the
fundamental principle that a person must be treated according to
humanitarian and legal receipts.
l) He keeps the rules of evidence in mind.

5. Planning the Interview. – In planning an interview, the investigator

should, as a general rule, select a place which will provide him with a
psychological advantage. He should conduct the questioning as soon as
possible after the occurrence.

In planning the interview, the interviewer should consider.

a) The facts of the case which have been established.
b) The information needed to complete the picture.
c) The sources of information that may be consulted such as files and
records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.

6. Planning the interview. – Preparation of the Interviewing a witness, the

law enforcer should mentally review the case and consider what
information the witnesses can contribute. If the case requires it, he should
acquaint himself with the background of the witness.

7. Time, place and surrounding Circumstances.

a) It is not always possible to fix the time and place of an interview with
the witness can contribute. If the case requires it, be should acquaint
himself with the background of the witness.
b) Interview of arrested persons should be made as soon as possible
after the arrest.
c) Conduct interview whenever possible in your own turf, i.e., your office.
d) Have an interview room where there will be privacy. It should be a
plain room but not bleak. There should be few furniture , and no
distracting pictures, calendars or similar items.
e) Arrange it so that there will be no interrupt during the interview.
f) Suspects should be interviewed separately and out of sight and
earshot of each other.
g) If there are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on
the interviewer.
 i) The interviewer should adapt his speech to the style best understood
by the subject. In dealing with an induce slouching or learning back,
and such positions are not conducive to proper interviews.
j) Straight-back chairs should be used for both subject and interviewer.
Other types of chairs induce slouching or learning back, and such
positions are not conducive to proper interviews.
k) The interview should identify himself and refrain from pacing about the
room.

8. Opening the interview.

a) The interview should identify himself and the agency to which he

belongs.
b) He should try to size up the interviewee and reach a tentative
conclusion about his types, then use the best interview approach.
c) He should keep in mind the provision of law regarding the rights of
people under custody investigation.

9. The body of the Interview.

a) The interviewee should be allowed to tell his own story in his own
words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee on the matter later.

b) Interviewee should keep to the point at issue and should not wander
too far from it.
c) Interviewer should be alert for hearsay information so he can question
the interviewee on the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question.
e) However, you may guide the interviewee with innocuous questions
such as, “And then what did you do?”

10. Questioning.

a) Dominate the interview. Be careful not to allow the interviewee to be

the one asking the questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that questioning and
is considered the easiest as people tend to think in terms of what
happened first, then second, then third. The interviewer should get
step by step in learning all the details concerning the planning and
commission of the crime and what happened after it was committed
d) Exhaust each topic before moving on to the next.
 e) Determine the basis for each materials statement. It might be
hearsay.
f) Keep your questions simple and understandable. Avoid double-edged
or forked questions.
g) The dangers of leading and misleading questions should be borne in
mind. A question which suggests to the witnesses the answer which
the interviewer desires is leading question. Questions which assume
material facts that have not been proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant
ones.
j) As rule, avoid trick or bluffing questions.
k) Where it is necessary to inquiry into the past history of the interviewee
involving something unpleasant, it is wise to use introductory remarks
deploring the need for the question and saying that it is one of the
unpleasant but necessary duties of an officer.

11. Closing.

a) Before closing the interview, the law enforcement should make a

mental check of the purpose of the interview and should analyze what
he has learned then decide whether he has attained his objective . he
should be guided in this respect by the 5 W’s and 1 H – What, Where,
When, Who, Why and How.
b) The interview should always leave the door open for a re-interview.

B. INTERROGATION

I. IN GENERAL

1. Interrogation Defined. – An interrogation is the 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.

2. Purpose of Interrogation:

a) To obtain information concerning the innocence or guilt of a suspect.

b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence such as
documents or weapons.
f) To learn the identify of accomplices.
g) To develop information which will lead to the fruits of the crime.
 h) To develop additional leads for the investigation.
i) To discover the details of any other crime in which the suspect
participated.

3. Preliminary Conduct. -- The interrogator should identify himself at the

outset and state in general the purpose of the investigation. He must
advise the suspect of his rights against self-incrimination and inform him
that he does not have to answer question and that, if he does answer, this
answer can be used as evidence against him. He must inform the suspect
of his right to counsel and that a state appointed counsel will be made
available without cost to him if he so desires. The interrogator may not
question the suspect unless the latter has definitely waived his right to be
silent. Ordinarily the investigator should be alone with the suspect and, of
course, the latter’s lawyer, if he has requested counsel.

4. The Interrogation Room. – The room should provide freedom from

distractions. It should be designed simply to enhance the concentration of
both the interrogator and the subject on the matter under questioning.

Interrogation Techniques. -- The following are some of the techniques

practiced by experienced investigation.
a) Emotional Appeals – Place the subject in the proper frame of mind.
The investigator should provide emotional stimuli that will prompt
the subject to unburden himself by confiding. Analyze the subject’s
personality and decide what motivation would prompt him to tell the
truth, then provide those motives through appropriate emotional
appeals.
b) Sympathetic Approach – The suspect may feel the need for
sympathy of friendship. He is apparently in trouble. Gestures of
friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect
will confess if he is treated in a kind and friendly manner.
d) Extenuation – The investigator indicates he does not consider his
subject’s indiscretion a grave offense.
e) Shifting the Blame – The interrogator makes clear his belief that the
subject is obviously not the sort of person who usually gets mixed
up in a crime like this. The interrogator could tell from the start that
he was not dealing with a fellow who is a criminal by nature and
choice. The trouble with the suspect lies in his little weakness – he
likes liquor, perhaps, or he is excessively fond of girls, or he has
had a bad run of luck in gambling.
f) Mutt & Jeff -- Two (2) agents are employed. Mutt, the relentless
investigator, who is not going to waste any time because he knows
the subject is guilty. Jeff, on the other hand, is obviously a kind-
hearted man.
II. CRIMINAL INTERROGATION:

1. Types of offender and Approaches to be Used in Dealing with Them:

a) Emotional Offenders have a greater sense of morality. They feel

remorse over what they have done. The best approach in interrogating
this type of offender is the sympathetic approach.
b) Non-Emotional offenders normally do not feel any guilt, so the best
way to interrogate them is through the factual analysis approach, that
is, by reasoning with the subject and letting him know that his guilt has
already been, or will soon be, established.

2. Interrogation of Suspect Whose Guilt in Definite or Reasonably

Certain.

a) Maintain an attitude which shows that you are sure of yourself when
you conclude that the subject is needed guilty.
(i) don’t be very friendly with the subject and do not offer a
handshake.
(ii) At the outset, accuse the subject of lying. If he reacts with
anger, this usually indicates innocence, But if he remains calm,
you can generally conclude that your suspicion of guilt is
confirmed.
(iii) Interruption of questioning by the subject may indicate
innocence. Silence is equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why he
committed the act, instead of wasting time on who did it.
(vi) When interrogating a “big shot”, it may be useful to lower his
status by addressing him by his first name, instead of using a
little of respect.
(vii) Remember that one who is trained in criminal interrogation is
easier to question than an ordinary criminal since he has less
confidence in himself as a liar.

b) The subject should be made aware of the fact that the interrogator
knows information indicating his guilt and that the interrogator is not
merely “:fishing” for evidence.
c) Let the subject know that he is showing signs of deception, some of
which are.

(i) Pulsation of the carotid (neck) artery.

(ii) Excessive activity of the Adam’s Apple.
(iii) Avoiding the eyes of the interrogator, swinging one leg over the
other, foot wiggling, winging of the hands, tapping of fingers,
picking fingernails, etc.
(iv) Dryness of the mouth.
(v) Swearing to the truthfulness of assertions. This is frequently
used by guilty subjects to strength their assertions of innocence.
 (vi) “Spotless past Record” – “Religious Man.” These are asserted to
support statement which the subject knows, and realizes the
interrogator knows, to be false.
(vii) A “Not that I Remember” or “As far As I know” expression should
be treated as a veiled admission or half truth.

d) Sympathize with the subject by telling him that anyone else under
similar conditions or circumstances might have done the same thing.
e) Reduce the subject’s guilt feeling by minimizing the moral seriousness
of his offense.
f) In order to secure the initial admission of reasons, motives or excuses
to the subject.
g) Sympathize with the subject by:
(i) Condemning his victim. During the questioning, the interrogator
should develop the notion that the initial blame, or at least some
of the blame, for the crime nests upon the victim.
(ii) Condemning the suspect’s accomplice. Bu the interrogator
must be cautious so that his comments are not misinterpreted
by the subject as leniency or exculpation from liability.
(iii) Condemning anyone else upon whom some degree of moral
responsibility might be placed for the commission of the crime.

h) In encouraging the subject to tell the truth, display some

understanding and sympathy.
i) Tell the subject that eleven (11) if he were your own brother (or any
other close relative), you would still advise him to speak the truth.
j) Early in the interrogation, have the subject situate himself at the scene
of the crime or in some sort of contact with the victim or the
occurrence.
k) Seek an admission of lying about some incidental aspect of the
occurrence. By achieving this, the subject losses a great deal of
ground, bringing him nearer to the confession stage, because he can
always be reminded by the interrogator that he has not been telling the
truth.
l) Appeal to the subject’s pride by welling selected flattery or by a
challenge to his honor. Flattery is especially effective on women
subjects.
m) Point out the uselessness of lying.
n) Point out to the subject the grave consequence and futility of a
continuation of his criminal behavior.
o) Rather than seek a general admission o f guilt, first ask the subject a
question regarding some detail of the offense, or inquire as to the
reason for its commission.
p) When co-offenders are being interrogated and the previously described
techniques have been ineffective, play one against the other. This is
effective because when two or more persons have collaborated in the
commission of a
 q) criminal offense and are later apprehended for questioning, there is
usually a constant fear on the part of each participant that one of them
will “talk” in exchange for some leniency or clemency.

3. Interrogation of Suspect Whose Guilt is Uncertain:

a) Ask the subject if he knows why he is being questioned.

b) Ask the subject to relate all he knows about the crime, the victim, and
possible suspects.
c) Obtain from the subject detailed information about his activities before,
during and after the occurrence under investigation. This is a good
method of testing the validity of the subject’s alibi.
d) Where certain facts suggestive of the subject’s guilt are known, ask
him about them rather casually and as though the real facts were not
already known, to give the subject an opportunity to lie. His answer will
furnish a very good indication of his possible guilt or innocence, and if
he is guilty, hie position becomes very vulnerable when confronted with
the facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent question in a
manner which implies that the correct answers are already known.
f) Refer to some non-existing incriminating evidence to determine
whether the subject will attempt to explain it; if he does , that is an
indication of guilt.
g) Ask the subject whether he ever thought about committing the offense
or one similar to it. If the subject admits he had though about
committing it, this fact is suggestive of his guilt.
h) In theft cases, if the suspect offers to make restitution , that fact is
indicative of guilt.
i) Ask the subject whether he is willing to take a lie-detector test. The
innocent person will almost always immediately agree to take
practically any test to prove his innocence, whereas the guilty person
is more prone to refuse to take the test or to find excuse for not taking
it, or for backing out of his commitment to take it.
j) A subject who tells the interrogator, “All right I’ll tell you what you want,
but I didn’t do it,” is, in all probability, guilty.

4. General Suggestion Regarding the Interrogation of Criminal

Suspects.

a) Interview the victim, the accuser, or the discoverer of the crime before
interrogating the suspect.
b) Be patient and persistent. Never conclude an interrogation at a time
when you feel discouraged and ready to give up; continue for a little
while longer.
 c) Make no promise when asked, “What will happen to me if I’ll tell the
truth?” A promise of leniency or immunity may induce an innocent man
to confession.
d) View with skepticism the so-called conscience-stricken confession.
e) When a subject has made repeated denials of guilt to previous
investigators, first question him, whenever circumstances permit,
about some other, unrelated offense of a similar nature of which he is
also considered to be guilty.
f) An unintelligent, uneducated criminal suspect, with a low cultural
background, should be interrogated on a psychological level
comparable to that usually employed in the questioning of a child.

5. Interrogation of Witnesses and other Prospective Information.

a) Give the witness or prospective informant an assurance that the

offender will not harm him or any member of his family, and that there
is a witnesses protection program specially designed to meet that
contingency when it becomes necessary.
b) If such witness or prospective informant refuses to cooperate with the
police, try to sever any bond between him and the offender, and
proceed to interrogate the witness or informant as if he were the
suspect.
 CHAPTER IV

METHODS OF DETECTING DECEPTION

Cross-checking information with testimonies, physical evidence, or other

existing information.

Psychological method (evaluation of the emotional, behavioral and cognitive

reaction of a person).

Interrogation (testing the credibility of the suspect’s statements).

using “lie detection” instruments

lie detection methods available today.

Methods involving the use of scientific devices that record psycho

physiological responses, these methods include:

WAT (Word Association Test)

PSE (Psychological Stress Evaluation)

Polygraph Method (Polygraphy)

Methods involving the use of substances that “inhibit the inhibitor”.

Administration of “truth serum”

Narcoanalysis/Narcosynthesis

Intoxication with alcohol

Hypnosis (hypnotic induction)

Scientific observation

Scientific interrogation

WORD ASSOCIATION TEST

The essential element in a typical word associations test is that one word
or idea is reminiscent of another, and the expression of their association
forms a meaningful picture.

PSYCHOLOGICAL STRESS EVALUATION

PSYCHOLOGICAL STRESS EVALUATOR is a device that detects

emotional stress in a person’s voice.
 MICROTREMORS refers to the low amplitude oscillation of the reflex
mechanism that controls the length and tension of a stretched muscle.

TREMOR is believed to be a function of the signals to and from motor

neurons.

RECORDING OF THE PSYCHO-PHYSIOLOGICAL RESPONSE

The nervous control of the human body includes the central nervous
system (the brain and the spinal cord) and the autonomic or regulating
nervous system (sympathetic and parasympathetic). The central nervous
system primarily controls the motor and sensory functions that occur at or
above the threshold. It may be voluntary. The autonomic nervous system
acts as a self-regulating autonomic response of the body.

The autonomic nervous system is composed of two complimentary

branches: the sympathetic and the parasympathetic nervous system, acting
opposite each other. The fibers of both enervate all organs where self-
regulation is essential.

When a person is under the influence of physical (exertion) or emotional

(anger, excitement, fear, lie detection, etc.) stimuli, the sympathetic will
dominate and over-ride the parasympathetic, thus, there will be changes in
the heart rate, pulse rate, blood pressure, respiratory tracing, psychogalvanic
reflexes, time of response to question, voice tracing, etc. The
parasympathetic nervous system works to restore things to normal when the
conditions of stress have been removed. It is the dominant branch when the
condition is normal and the subject is calm, contented and relaxed.

POLYGRAPHY

A modern scientific examination technique in detecting deception whether

the subject is telling the truth or not with the use of polygraph machine

ADMINISTRATION OF TRUTH SERUM

TRUTH SERUM acts as depressant on the nervous system. In this

method, common drugs used are hygiene hydro bromide and scopolamine.
Truth serum is use in locating the suspects and stolen items.

NARCOANALYSIS

This method is similar to the preceding technique. However, the drug

used in Narcoanalysis are sodium amytal and sodium pentothal to sedate the
subject
HYPNOSIS

It is the technique of inducing a person into a state of consciousness

whereby he can respond to questions and is very susceptible to question.
HYPNOTISM is an act of inducing hypnosis to dazzle or overcome by
suggestion.

INTOXICATION WITH ALCOHOL

Alcohol can reveal the real character behind the facade of a person. This
theory can be traced in an old Latin maxim “In Vino Veritas”.

new sophisticated techniques

Computerized Voice Stress Analysis

Brain Scanning

Iris Analysis

Functional Magnetic Resonance Imaging

COMPUTERIZED VOICE STRESS ANALYSIS

Voice stress analyzer purportedly detect physiological microtremor in

speech and convert those components to a graphical representation of
experienced by the subject.

7. BRAIN WAVE FINGERPRINTING

Neuroscientist Lawrence Farwell who is managing a Brain Wave Institute,

Iowa, patented this technique in 1985. Dr. Farwell’s research, however, looks
at a specific type of electrical brain wave, called P300, which activates when a
person sees a familiar object.

SCIENTIFIC OBSERVATION OF LYING PERSON

The following are the psycho-physiological sign and symptoms of guilt:

1. SWEATING – accompanied with a face indicate anger, embarrassment or

extreme nervousness.

2. COLOR CHANGE OF FACE – flushed face may indicate anger,

embarrassment, or shame.

3. DRYNESS OF MOUTH – nervous tension causes reflex inhibition of

salivary secretion and consequently dryness of the mouth.

4. EXCESS ACTIVITY OF THE ADAM’S APPLE

5. FIDGETING – a suspect may be constantly moving about in the chair,
pulling his ears, rubbing his face, etc.

6. PECULIAR FEELING – there is a sensation of lightness and the subject is

confused.

7. SWEARING TO THE TRUTHFULNESS OF ASSERTION

8. RELIGIOUS MAN AND/OR SPOTLESS PAST RECORD

9. INABILITY TO LOOK AT THE INVESTIGATOR STRAIGHT IN THE EYE

10. NOT THAT I REMEMBER EXPRESSION

METHOD OF THE ORDEAL, TRIAL OR JUDICIUM DEI

TRIAL BY COMBAT

Originated from India and one of the examples of this: a rich man or accuser
could hire somebody or bigger one to fight the accused. After the fight the
loser is adjudged guilty of crime. KING HENRY III of England abolished all
legal ordeals except ordeal of combat.

RED HOT IRON ORDEAL

This form of trial was used among the hill tribes of Rajhamal in the north of
Bengal India, where the accused was apt to be told to prove his innocence by
applying his tongue to red hot iron nine times. If burned, he was put to
death, the sense of guilt made the mouth dry.

ORDEAL OF BALANCE

– This is the practiced of testing the veracity of the accused by placing him
on one scale of balance. It merely this, in one scale the accused was in
the other, a counterbalance. The accused then stepped out of the
scale, listened to a judge deliver an exhortation to the balance and got back
in. If he were found to lighter than before, he was acquitted. This is
practice in the institute of Vishnu, India.

BOILING WATER ORDEAL

– A test of deception, this ordeal is in use in modern Africa. During

explorations in British Africa a Barotso native in her retinue stole calico cloth
form her supplies, and to find the thief she allowed the natives to employ
a test which had previously been outlawed along with local witchcraft

This type of ordeal, the water was symbolic of the flood of the old testament,
washing sin from the face of the earth, allowing only the righteous minority to
survive.
BOILING WATER ORDEAL (Athelstan, King of England)

The accused will lift a stone out of boiling water.

This is still practice in one place in Cordillera

COLD WATER ORDEAL

The usual mode of trial for witchcraft.

ORDEAL OF RICE CHEWING

– An ordeal very like this is still practice in India. Concentrated rice is the
article chosen, instead of bread and cheese. Instances are not rare in which
through the force of imagination, guilty person are not able to swallow a single
grain. Conscious of their crime and fearful of the punishment of Heaven,
they feel a suffocating sensation in their throat when they attempt it, and
they fall on their knees, and confess all that is laid to their charge.

It is also performed with a kind of rice called “sathee”, prepared with

various incantations

ORDEAL OF THE RED WATER

– The accused fasts for twelve hours, swallow a small amount of rice, then
imbibes of the dark colored water sometimes as much as a gallon. If this
acts as an emetic and the suspect ejects all of the rice, he is
considered innocent of the charged, otherwise he is judged guilty. Their
explanation is that a fetish of the victim enters the mouth with the emetic
red water, examine the heart of the drinker, and if it finds him innocent
brings up the rice in evidence.

The ordeal of “sassy bark” or red water is used in the wide region of
Eastern Africa

DONKEY’S TAIL ORDEAL

– Psychological theory, the donkey placed in one room alone and observed it,
and if the donkey cried is a judged of guilty of crime

ORDEAL OF THE CORNSNAED (ORDEAL BY BLESSED BREAD)

- A priest puts the cornsnaed or hallowed bread into the mouth of the
accused, with various imprecations. If the accused swallowed the
cornsnaed or hallowed bread into his mouth he was freed from punishment.

TEST OF EUCHARIST
– This was applied chiefly among the Clergy and Monks. Angle Gabriel will
descend from heaven to prevent the accused from taking in the poisonous
drink.

ORDEAL BY BIER

– (by Shakespeare in Richard III) – It was an ancient belief that the slain
dead could point their killer

ORDEAL OF THE NEEDLE

– This is practiced in Wanaka, Eastern Africa. A red hot needle was made to
pierced the lower lip of the alleged criminal and if blood flowed from the
wound, he is guilty.

ORDEAL BY HEAT AND FIRE

– The accused considered innocent when he is unharmed while walking

through the fire

TRIAL OF THE CROSS

– The accuser and the accused were placed under the cross with their arms
extended or crosswise and the first to fall was held guilty

TRIAL OF THE WAXEN SHIRT

– The accused was dressed in cloth covered with wax and walked barefoot
over burning coals. If he was unhurt the fire and the wax did not melt, he
is innocent.

HEREDITARY SIEVE METHOD

– Hans Gross, Father of Criminalistics, in his famous book in criminal

investigation in which beans were thrown into a sieve as the name of
the suspect was called, mentioned this ordeal

ORDEAL OF THE TIGER

(Siam, India) – Both parties are place inside a cage of a tiger, if the tiger
spare one of them, he is innocent.
TYPES OF LIES

1. Direct Denial- is a lie that results to emotional disturbance.

2. Lie of Omission-act of telling what transpired but omitting details that are
incriminating..

3. Lie of Exaggeration- is the type of lies used by a person who overplays

what actually happens.

4. Lie of Minimization- involves acceptance of a person that something

happen but downplays the implication or seriousness of the offense.

5. Fabricated Lie- involves the act of creating a story or series of events that
never transpired

6. BENIGN OR WHITE LIE – used to maintain harmony of friendship,

harmony of the home or office.

7. RED LIE – this lie is common to communist countries. This is used to

destroy other ideologies by means of propaganda.

8. MALICIOUS LIE – a chronic lie purely used to mislead justice, a pure

dishonesty to destroy justice.

TYPES OF A LIAR

Panic Liar- decides to circumvent the truth in order to avoid humiliation

consequences of his confession to himself or to his family.

Occupational Liar- one who is being paid to tell lies.

Tournament Liar- His view is that telling lies is one form of contest.

Ethnological Liar- is a person trained to lie.

Psychopathic Liar- is an individual who has no conscience.

Pathological Liar- is a sick person who tells a lie simply because he cannot
distinguish what is right from what is wrong.

Black Liar- is one who enjoys pretending and better known as hypocrite.
TYPES OF RESPONSE

1. INTERNAL RESPONSE

2. EXTERNAL RESPONSE

KINDS OF INTERNAL RESPONSE

1. palpitation of heart may be rapid or slow

2. dryness of the mouth

3. lump in the truth

4. sinking feeling in the fit of stomach

KINDS OF EXTERNAL RESPONSE

1. facial expression:

a. paling, blushing, profuse sweating on the forehead

eyebrows or chin

b. twitching at the corner of the lips

c. excessive winking, movement of vein at the temple

d. dilation of the eyes, protrusion of the eyeball, and

elevation of the upper eyelid

2. Postural reaction:

a. inability of the subject to look straight

b. excessive activity of the Adam’s apple

c. dryness of the mouth

d. fidgeting with the fingers tapping or

drumming on the chair or table

e. peculiar monotone of the voice

f. exhibiting a state of uneasiness

 Chapter V

INVESTIGATION OF GRAFT AND CORRUPT PRACTICE CASE

1. Preliminary Statement. In the investigation of graft and corrupt

practices case, reference should always be made to Republic Act no.
3019 in relation to Republic Act No. 1379. R.A. 3019 enumerate and
defines those acts punishable under it, whereas R.A. 1379 provides the
procedure for the forfeiture of certain property in favor of the
government.

Pertinent provision of the above-cited laws include:

Whenever any public officer or employee has acquired during his

incumbency an amount or property which is manifest out of proportion to
his salary as such public officer or employee and to his other lawful
income and the income from legitimate acquired property, said property
shall be presumed prima facie to have been unlawful acquired. The
solicitor General, upon complaint by any taxpayer to the city or provincial
fiscal who shall conduct a previous inquiry similar to preliminary
investigation in criminal cases and shall certify to the Solicitor General that
there is reasonable ground to believe that there has been committed in
violation of this act (RA 1379) and the respondent is probably guilty
thereof, shall file, in the name and on behalf of the Republic of the
Philippines, in the Court of First Instance (now Regional Trail Court) of the
City or province where said public officer or employee resides or holds
office, a petition for a writ commanding said officer or employee to show
cause why property aforesaid, or any part thereof.

2. Investigation of Unexplained Wealth.

a) Information sheet (IS) of subject.

b) Records of employment in and out of the government.
c) Statement of incomes, allowances, per diems, etc.
d) Statement of Assets ad liabilities.
e) Records of real and personal property, such as lands, houses,
vehicles, animals, shares of stocks, bonds and other investments,
etc. (Their acquisition cost should be determined).
f) Income Tax Returns (all available)
g) Bank records where subject has contracted loans.
h) Saving and time deposits, and current accounts, as an exception to
the application of the Secrecy of Bank Deposit Act (RA 1405).
i) Interviews the persons who can give information as to the property
of Subject, their sources, whereabouts, cost, etc.
 j) Follow up all needs, appearing in all the records documents
secured, as to subjects assets and liabilities.
k) Others as indicated by the peculiar circumstances of the case.
l) Explanation of the subject if he so elects.

3. Formula in Establishing the Case

a) Determine the subject’s source of income and liabilities (net worth)

above assumption of public office.
b) Determine the subject sources of income during his tenure of office.
c) Determine the subjects expenses (to be deducted from his income)
during his tenure of office.
d) Determine the subjects assets and liabilities (net worth) after his
tenure of office.

4. When is there Illegal Enrichment in office?

a) With Subject’s income and expenses constant, an increase in

assets without a proportionate increase in liabilities.
b) Where subjects income has increased and expenses constant, an
increase in liabilities must be compared to the increase in income.
Where the increase in assets far exceeds the increase in income,
illegal enrichment is very probable.
c) Decrease in income/increase in expenses and decrease in
liabilities are factors that strengthen a case of illegal enrichment
where there is an apparent increase in assets.

5. Investigation of Corrupt Practice.

In the investigation of this kind of case, the investigator is advised to

be guided by the provision of law involved, the elements of the acts
complained and sought to be proved.

6. Investigation of Cases Re Prohibition on Certain Persons.

As in the investigation of corrupt practice cases, the investigator should

be guided by the pertinent provision of the law.

7. Investigation of Cases Re Failure to File Statement of Assets and

Liabilites.

a) Certification from the Department heads, or Office of the President,

or Office of the Secretary of the corresponding House of Congress.
b) Explanation of subject (if he so desires.)
 Chapter VI

INVESTIGATION OF CASES OF FALSIFICATION

1. Acts Constituting Falsification Under Art. 171 of the Revised penal

Code.

a) Counterfeiting or imitating any handwriting, signature or rubric.

b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.

2. Specimen or Standard Writing.

To prove falsification, it is usually necessary for an investigator for secure

a specimen of the suspect’s handwriting for comparison purpose. There
are two (2) classes of specimen or standard writings. One consist of
writing or printing executed from the day to day in the course may be
referred to as collected standard. The second class consist of specimen’s
of the person’s writing or printing executed upon request of the
investigating officer for the sole purpose of comparison with the
questioned documents and are generally known a requested or dictated
standard.

a) Procedure for Obtaining Collected Standards:

(i) Obtain at least 15 to 20 genuine signature.

(ii) If investigation is about other specimens of handwriting or
handwriting, secure at least 4 to 5 pages of handwriting
or hand-printing.
(iii) Procure ink signature for comparison with questioned ink
specimens and pencil standard for comparison with
questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same
purposes as the questioned documents.
(v) Supplement standard with the signatures for different
purposes.
 (vi) Procure standard signature of approximately the same
date as the disputed documents.
(vii) If questioned signature was written under unusual
conditions, attempt to obtain some specimens which were
executed under similar conditions

c) Procedure for Obtaining Requested Standard:

(i) Obtain at lest 25 to 30 specimen signatures.

(ii) If inquiry pertains to extended handwriting, dictate at least 5
to 6 pages of material, including approximately one page
which is repeated three (3) times.
(iii) If possible, have writer make out specimen checks or
receipts aside from his signature.
(iv) If questioned signature are in ink, have suspect write with a
pen; if in pencil, with a pencil.
(v) Require suspect to write each signature on separate sheets
of paper or forms.
(vi) Provide paper forms of the same size, shape, composition
and ruling as the questioned.
(vii) Whenever possible, always interrupt preparation of standard
once or write for rest periods.
(viii) Provide normal writing conditions. If questioned. If writing is
known to have been executed under unusual conditions,
obtain some standard under similar conditions.
 Chapter VII

HOMICIDE (Generic) INVESTIGATION

1. Places of Importance.

a) The crime Scene. Make a methodical and thorough search.

b) Avenues of Approach. How did the search(s) arrive?
c) Avenues of Escape. Investigate and search along this route.
d) Places where victim was seen immediately preceding his death.
Who was he with? What was he doing? Was this customary? Get
the time.
e) Places where suspect claims he was; places where ha was seen
prior to, during and after the crime was committed for the purpose
of checking his alibi.
f) Places where evidence can be found. Weapons or poisons, etc.
Where can they be obtained? Where can they be hidden?
g) Other places as indicated by the peculiar circumstances of the
case.

2. Times of Importance.

a) Time when fatal injury was inflicted. You have to put the suspect(s)
at the crime scene at this time by admissible evidence.
b) Time of incapacitation.
c) Time of death.
d) Time body was discovered.
e) Time crime was reported.
f) Time of arrival of police at the scene.
g) Time victim was last known to be live.
h) Times relative to victim’s movement preceding death.
i) Times relating to suspect(s) movements.
j) Times relating to police activity.

3. Persons of Importance .

a) Victim. What is his history? His relationship with other people?

b) Witnesses. Get their statement without delay.
c) Suspects. Eliminate them if there is absolutely no evidence against
them, or thoroughly tie them to the case by penetrating
investigation.
d) Person who reported the crime. Remember that he probably has
key information. Check out his statement.
e) Alibi witnesses. Exhaustive interview is necessary. Check and re-
check their stories. Let them account for their time. Background
investigation may be necessary.
 f) Persons who stand to gain by the death. This is a touchy thing. Be
circumspect in your approach.
g) Relative and other sources of information.

4. Things of Importance.

a) Body of the deceased.

b) Belonging of the deceased. Here, we may find motive.
c) Items of evidence should be legally obtained and carefully
preserved.
d) Weapons. Locate, list and record then as evidence.
e) Means of transportation.
f) Sound, shots, scream, arguments. Or failing objects.
g) Odors – of gunpowder, distinctive smell of poison, etc.

5. Terms Encountered in Homicide.

a) Homicide -- The killing of one human being by another.

b) Sororicide – The act of one who kills his or her own sister.
c) Fratricide – The act of one who murders or kills his own brother.
d) Matricide – Murder of a mother by her own child.
e) Patricide – The act of one who kills his own father.
f) Parricide – The act of one who murders a person to whom he is
related such as his parent, spouse, or child. This is a generic term.
g) Infanticide – The killing of an infant less than 3 days old.
h) Suicide – Taking one’s own life voluntarily and intentionally to
death.
i) Uxoricide – Act of one who murders his wife.
j) Regicide – The killing or murder of a king.
k) Vaticide – The murder of a prophet.
l) Euthanasia – Mercy killing or the act or practice of painlessly putting
to death persons suffering from incurable and distressing disease.
m) Aborticide – Act of destroying a fetus in the womb. Better known as
“abortion”.
n) Homocide – Not the killing of a homosexual but a misspelling of
homicide.

6. Time of Death Estimates in Homicide Investigations.

a) Algor Mortis (Body Cooling)

(i) General Rule: 1.5°/hr when room temperature is about

70°/hr.

Dr. Simpson: 2.5 °/hr for the 1st 6 hrs and an average of 1.5
to 2 ° loss/hr over the 1st 12 hrs.
 (ii) Factors: Body temperature at the time of death; body;
clothing or covering ; environmental temperature.

b) Rigor Moris (Stiffening of Muscles Tissue)

(i) General Rates (Average clothed adult; observed in small

muscles first);
(ii) Factors: Body temperature at death high/low environmental
temperature (heat hasten, cold retards); strenuous muscular
activity; emotional excitement.

c) Livor Mortis

(i) Rate:
Visible – ½ to 4 hours
Well-developed – 3 to 4 hours
Maximum – 8 to 12 hours

(ii) Factoras: Ciculatory failure; chronic anemia or acute blood

loss;carbon monoxide poisoning cyanide poisoning, case of
rapid cooling; “Tardieu’s Spots” petechiae (over-congestion
of blood in capillaries).

7. Basic Outline for Homicide Investigations.

a) Record the time the call was received as well as the time of arrival at
the scene.
b) Ascertain if victims still alive. Record all first impression of the scene.
c) If the Victim is alive, give first aid.
d) If the victim is alive and conscious, try to get a dying declaration.

(i) The declaration must be made under the consciousness of an

impending death. The declaration must have abandoned all hope of
living.

[1] What is your name and address?

[2] Do you believe that you are about to die?
[3] Do you have any hope of recovery from the effects of the injuries you
have received?
[4] Please tell me how you received the injury from which you are now
suffering.
[5] Please give me the name and description from the person who did this
to you and why he did it.

(iii) The statement pertains to circumstances surrounding the

attack, that is, the identify of the assailant, the plate number
of the suspect’s vehicle, etc.

(iv) The dying declaration is sought to be used in a case where a

death of the declarant is the subject of inquiry.
e) Be objective, calm and use your brains. Remember that if the victim is
dead, there is nothing you can do for him, so gather your wits and think
through each step before you take them.

f) Protect the crime scene by:

(i) Limiting the people present.

(ii) Putting one person in complete charge of the crime scene.
All officers should report to him and ask for orders.
(iii) Protecting footprints, fingerprints, blood stains, etc., from
injury by placing evidence tags on, or an officer near, the
evidence to ensure that it will not be destroyed.

g) Do not remove anything until its location and position has been
noted and photographed. The position of evidence should be
located by some accurate means of measurement.
h) Do not untie knots in ropes and similar items of evidence. If the
victim is found hanging, pay particular attention to the direction of
fibers on the rope. Is there a worn spot over a branch or after?
i) Designate on person to pick up all the physical evidence. No one
should touch or move anything until after the fingerprint man and
criminologist have finished their task.
j) A systematic, detailed search of the crime scene should be
conducted. After this search, have another team re-search the
area. This is done under the theory that one person might see
items of evidence that could have escaped another person.
k) Color photographs should be taken as well as black-and-white.
l) Look for physical evidence that will tend to prove the elements of
the crime you are investigating.
m) Look for unusual odors, symbols, fetishes, rituals.
n) When the body is finally moved, attention should be given to the
area beneath the body.
o) While moving the body, use a robbery sheet to prevent
contaminating the crime scene with spilled blood.
p) Conduct careful inspection of a dead person holding a gun. (The
land of a dead person unusually has no gripping power. Therefor, if
the gun were placed in the hand after death, it may have been
placed in unnatural position [Cadaveric Spasm].
q) Note the condition and types of food at the crime scene as the
pathologist may be able to use this information in determining
whether the victims last meal was eaten at the crime scene.
r) The course and direction of each bullet should be determined. This
applies to the trajectory of the bullet through the body as well as the
trajectory of the bullet through solid objects at the crime scene.

s) If all slugs are not removed at the crime scene, have the body X-
rayed. X-ray is excellent for determining the distance of fire from
patterns and shows the trajectory of the bullet through the body.
 t) Take photographs of all bystanders. These may be helpful later to
identify possible witnesses or subject (who sometimes DOES return
to the crime scene).
u) Try to:

[i] Determine if any of the victims property or money is missing.

[ii] Record the color of blood stain (bright red, reddish brown, brown,
black or almost black).
[iii]Determine what portion of the stain is wet (just the center,
completely wet, completely dry, dry around the edges) for an
estimate of time of death.
[iv] If the blood is wet, see if a paper clip will separate the stain a it
goes through or if the blood will flow together again.
[v] Note the size, dimension and location of stains.
[vi] Determine the direction and distance of blood drops.
[vii] Enter in your notebook details of the test to determine whether
the victim is still alive. Record if the body is cool to touch, warm,
etc.
[viii] Record the weather, as well as weather changes (sunny to
cloudy or vice-versa).
[ix] Obtain soil samples when necessary.
[x] Look for the weapons which could have inflicted the wounds.

v) If it is necessary to cut off the victim’s clothing the cut should not be
done through bullet or knife holes. Where possible, cut the clothing
along the seams so that the clothing can be referred to
approximately its original condition.
w) The spatter pattern of blood spots should be noted as it is:
x) BE CAUTIOUS. Remember that fingerprints may be present or
light on light switches, light bulbs, telephones, doorknobs, etc.
y) When fingerprints an object which has a dark color, consider using
fluorescent as the standard fingerprint powders are not as effective
in developing latent prints on such objects.
z) Aerial photographs of the crime scene and escape route should be
taken, when possible and practicable.

8. Handling the Suspect.

If the suspect is at the crime scene, do not advise him of his constitutional
rights unless he is to be questioned there immediately for evidence of his own
guilt to be used against him in court.

a) Obtain the following evidence from the suspect:

(i) The suspect’s clothing should be photographed, marked and
sent to the laboratory.
(ii) Any scratches on the suspect should be photographed.
(iii) Fingernail scrapings should be obtained.
(iv) Take blood samples from the suspect in a medically
approved manner and with proper legal justification.
(v) Take hair samples.
 (vi) Acquire handwriting samples when applicable.
(vii) Have the fingerprint technician check the paper money which
may have been taken from the victim house for the victim’s
house for the victim’s fingerprints.
(viii) Check the suspect’s personal effects very closely for items of
evidentiary value.
(ix) Obtain teeth mark impressions when appropriate.
(x) Semen samples in rape or rape with homicide cases should
be obtained medically not by hand.
(xi) Consider polygraph examination.

b) Never take a suspect or a suspect or a subject to the crime state in

the clothing he was wearing at the time he was arrested. (This
includes shoes.) The defendant’s lawyers may be later claim that
the clothing was contaminated at the scene of the crime.
c) Attempt to ascertain in the following:

(i) The suspect’s mode of living before the crime as compared

to the amount of this income.
(ii) his mode of living after the crime. (Compare his financial
condition before the crime with his financial condition after
the crime.)
(iii) Compare his behavior before the crime with his behavior
after the crime.

d) The integration of the suspect should cover all of the elements of

the alleged offense and the interrogator should ascertain if the
defendant knew the nature and consequence of his acts.
e) Make a methodical and complete check of any suspect’s alibi.
f) Have a psychiatrist.

9. Body and Post Mortem.

a) Someone should be designated to accompany the body from the

scene to the autopsy. If the victims is alive, a dying declaration can
be taken en route to the hospital.
b) An investigating officer should remain at the autopsy to prevent the
embalming of the body and to prevent any one from touching or
removing any of the clothing from the body until the pathologist
arrives. He should also be able to make a detailed report to the
homicide commander regarding the finding of the pathologist. He
will be expected to convey details of the crime scene investigation
to the pathologist and, if the defendant has made a statement that
the victim was in a certain position, this should be related to the
pathologist.
c) Whenever possible, request that a crime laboratory technician
attend the autopsy. The technician, the detective and the
pathologist can contribute a great deal to the successful outcome if
they share their knowledge at one of the most important srages of
the investigation – the autopsy.
 d) The photograph of the position of the body at the crime scene can
be a value aid to the pathologist in determining whether the location
of the post mortem lividity is consistent with the position of the body
as depicted in the in the photograph.
e) At the autopsy:

(i) Obtain a blood sample from the victim.

(ii) Collect the victim’s clothes, mark and preserve them as
evidence.
(iii) Take fingernail scrapping from the victim if not previously
done.
(iv) Ask the laboratory technician to check wound to compare
with the weapon used.
(v) Obtain hair samples (from wounds and all areas of the body.)
(vi) Obtain all semen from the vaginal canal.
(vii) Check the breast for saliva in rape with murder cases.
(viii) Check for the bloody fingerprint and other evidence on the
body of the victim.
(ix) Have the victim finger, palm and foot printed.
(x) Take color and black-and-white photographs.
(xi) Rectal temperature should be taken.
(xii) Teeth mark impression should be made where applicable.
(xiii) Have the lab technician check the body for powder burns
and residue.
(xiv) Ask the pathologist for an opinion regarding the suddenness
of death, time of death, the possibility of movement after
death, the sequence of shots, the direction and possible
trajectory of the bullet, etc.
(xv) Look for wounds in the eyes, hairy surfaces, mouth, ears,
nose, rectum, vagina.
(xvi) Consider utilizing X-ray techniques to establish the depth of
stab wounds and the shape of the instrument inflicting the
injury.
(xvii) In stabbing cases, have the body X-ray for a possible broken
tip from the weapon, where applicable.
(xviii) Obtain body organs in case of death by poisoning.
(xix) Take feces sample when needed.
(xx) Be ready to give the pathologist detailed information from the
scene.
(xxi) Remove the victim’s rings and other personal property.

10. Follow-up Investigation

Policy-release no information to the press. Policy here should be set by

the Chief of your office.

a) Eventually, it may become necessary for the homicide investigator

to produce witnesses, preferably close friends or relative of the
victims, to identify in the presence of the pathologist.
 b) Keep witnesses separated so that they will give you truthful
accounts of what they permanently observed, rather than an
account of what they were convinced they saw by the strongest
personality among them.
c) Methodically interview resident in the area and record the
interviews by using a tape recorder of by taking notes. Record
these even though the information may be negative.
d) When a “Stand-up Photograph” of the victim, clad in the clothing he
was wearing at the time of the offense, consider using a
photograph of a mannequin dressed in the victim’s clothing or
similar clothing with a photograph of the victim’s face
superimposed on the mannequin.
e) Photographs must be scrutinized for clues and leads that were
missed at the initial search.
f) A communication center should be established for the
investigation and for the collation of facts and evidence.
g) Check the victim’s and the defendant’s toll calls.
h) Attempt to reconstruct the movements of the murders.
i) Return to the scene of the crime at the crime of day the crime was
committed for at least a week, perhaps even an hour or so before,
to check for possible witnesses.
j) Present photographs and crime reports to several psychiatrist to
ascertain what type of person would commit such a crime. A
consensus regarding the type of person by the psychiatrist will
furnish investigative leads. Is motive obvious?
k) Read the newspaper articles regarding the crime and maintain a
file of these articles. You may obtain some valuable ideas or
investigative leads.
l) Consider the use of bloodhounds in appropriate cases. When the
qualification of a bloodhound to trail human beings has been
proven and there is evidence tending to show that the person
charged was in the area of the homicide, evidence that trained
bloodhounds found by following a trail to the defendant is
admissible.
m) Schedule frequent meeting for all persons assigned to the
investigation. At these meetings, discuss all of the leads and the
suspects.

11. Court Preparation.

a) have a diagram prepared of the crime scene and the location of all
evidence.
b) Make a list of the evidence on hand and what you hope to prove
with it.
c) Be prepared to show:

(i) What relationship existed between the victim and the

defendant?
(ii) Had the victim made threats of bodily injury to the
defendant?
 (iii) Had the defendant threatened to injure the victim?
(iv) Are there any witnesses to the threats or is there a witness
regarding who is issued the threats?
d) A color film of the untouched crime scene can be very helpful in
conveying to the jury exactly what the officers observed.
e) Review everything, including testimony, with the prosecutor before
trial.
f) Review with witness their testimony to refresh their memory.
 Chapter VIII

INVESTIGATION OF KIDNAPPING FOR RANSOM

1. Prosecution.

a) Avoid any indication that law endorsement officers have been

informed of the kidnapping.
b) Avoid publicity of any kind. Knowledge on the part of the kidnappers
that the police are working on the case or that it has become public
knowledge could cause them to panic and to make a wrong decision
which could endanger the life of the victim.
c) Contacts by law enforcement officers with relatives of the victim
should be in a neutral place to avoid detection of police investigation.
d) If law enforcement officers are positive that the case in question is
kidnapping, and not an ordinary “ missing persons” case, investigation
especially those relating to the identifies of the suspects, their
associates their habits, activities and movements, their physical
description, etc., should be done with utmost secrecy.
e) If the foregoing step (letter “d”) might endanger the life of the victim, it
is better to freeze all investigative activities until the victim’s relatives
hear from the kidnappers. Always remember that in kidnapping, the
safety and security of the victim is the primary consideration.

2. When Demand for Ransom is Made by Telephone.

a) Steps should immediate be taken to illegally record all telephone

conversation with any member of the kidnapping group.
b) Make necessary legal arrangement to trace calls made by the
kidnappers.
c) Covert surveillance of all places where telephone calls were made
should be conducted. Instruct the victim’s relatives to prolong the
conversation with the kidnappers to get as much information as
possible (such as background noise, intonation, peculiarity of speech,
caller’s age, sex, exact words used, etc.) without, however, inviting
suspicion that the relatives are acting upon orders of the police.
d) KIDNAP CALL REPORT.

If you received a kidnap call:

(i) Try to signal someone to listen on another extension.
(ii) Keep the caller on the line for as long as possible.
(iii) Do not antagonize the kidnapper.
(iv) Give the kidnapper a code word for later identification.
(v) Ask:
Victims Name: ___________________
Where and when seized: _________________
Victim’s code Name: ____________________
 (vi) Ask to speak to the victim.
After call:
(vii) Make a written record of it:
Caller’s age _____ Sex_____
Mental State ______________
Peculiarity of speech
(lips, accent, etc.) ________________
Exact words used __________________
Time call was received ______________
Extension received on _______________
(viii) Notify security office at once.
(ix) Tell no one else about the call.

3. When Demand is in Writing.

Demand for ransom made in writing calls for a careful handling of the
written communication for possible lifting of latent fingerprint. Hold the
later by its edges and save the envelop in which the note was placed.

4. When Contact is Made with the kidnappers.

a) Instruct the relatives of the victim to request the kidnappers to show

proof that the victims is still alive.
b) Victims relative may ask the kidnappers to reduce the amount of the
ransom.

5. Agreement re-Amount , Place, Manner of Delivery of Ransom Money.

a) Denomination and serial numbers of the bills must be recorded.

b) The designated place for the delivery of the ransom should as much a
possible be placed under surveillance in such a was as to avoid
detection. The purpose of the surveillance are:
(i) To be able to tail the suspect(s) in the hope that he (they) will
lead the officers to the hideout.
(ii) To identify the kidnappers for the follow-up investigation.
The question of whether or not the suspect(s) should be
arrested once the ransom money is picked up would depend on
the attendant circumstances and the wishes of the relatives of
the victim.
As much as possible , the person instructed to deliver the
money should be provided with appropriate equipment or
facilities (like wireless transmitter or beeper) to be able to
communicate with law enforcement officers working on the case
at any time while undertaking his mission and thereafter.
c) The kidnappers’ mind demand and instructions as to time, place and
manner should be strictly followed.
6. If victims has been Returned.

a) Conduct the necessary investigation for the identification for the

identification and arrest of the kidnappers.
b) At this stage, all investigative techniques likely to lead to the to the
identification and arrest of the kidnappers should be utilized.

7. The kidnap Victim’s Conduct.

There are no rules of conduct that a kidnap victim can follow which will
assure his or her release or humane treatment. However, there are some
things that a kidnap victim may do which will help to protect him or her.

a) It is generally best to do what your captor says.

b) Stay calm.
c) Try to establish a dialogue with the kidnappers.
d) Observe/feel all you can about your surroundings.
e) Leave your fingerprints around the room in which you are held.
f) Listen carefully to all conversation of the kidnappers among
themselves.
g) If the police assault the building in which you are held, drop to the floor
and use any cover you nay find.
h) Never tell the kidnappers that you can identify them later.
i) Try to delay matters as much as possible without making the
kidnappers suspicious.
 Chapter IX

ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION

A. Estafa and Bouncing Checks.

1. Elements of Estafa.

a) That the accused defrauded another by abuse of confidence,or by

means of deceit.

This elements covers the three different ways of committing estafa under
Article 315 of the Revised Penal Code. Take note that Art 315 has three
subdivisions, classifying the different forms of estafa according to the
means by which the fraud is committed, to wit:
(i) With unfaithfulness or abuse of confidence.
(ii) By means or false pretense or fraudulent acts.
(iii) Through fraudulence means.

These three may be reduced to two only. The first form under subdivision
(I) is known as estafa with abuse of confidence (the abuse of confidence
takes the place of deceit), and the second and the third forms under
subdivision (ii) and (iii) cover estafa by means of deceit.

b) That damage or prejudice capable of pecuniary estimation is

caused to the offended party or a third person.

This elements is the basis of the penalty. It is necessary that the

damage or prejudice be capable of pecuniary estimation because
the amount of the damage or prejudice is the basis of the penalty
for estafa.

c) Elements of estafa with abuse of confidence (Unfaithfulness):

(i) That there be a false pretense, fraudulent act or fraudulent

means.
(ii) That said false pretense, fraudulent act or fraudulent means
be made or executed prior to or simultaneously with the
commission of the fraud.
(iii) That the offended party relied on the false pretense,
fraudulent act or fraudulent means, that is, he was induced to
part with his money or property because of the false
pretense, fraudulent act or fraudulent means.
(iv) That as a result thereof, the offended party suffered
damages.
 d) Estafa through falsification of public or commercial documents.

When the offender commits on a documents any of the act of

falsification under Article 171 of the Revised Penal Code, as
necessary means to commit another crime, like estafa, theft or
malversation, the two crimes form a complex crime under Article 48.
The document, however, must be public, official or commercial. If
the falsification committed to hide the crime of estafa, here are two
separate offenses and falsification.

e) payment made subsequent to the commission of the crime of

estafa does not extinguish criminal laibility or reduce the penalty,
nor does it alter the nature of the crime.

2. Estafa Through Issuance or Postdating of Checks Without Funds.

a) Elements:
(i) That the offender has postdated or issued a check in
payment of an obligation contracted at the time of postdating
or issuance of such check, not pre-existing at the time of
payment.
(ii) That at the time of the postdating or issuance of said check,
the offender had no funds or the funds deposited were not
sufficient to cover the amount of the check.
(iii) That the payee has been defrauded.

b) It is still essential that the check must be issued in payment of a

simultaneous obligation, there is no estafa since the accused
obtained nothing for the said check.
c) If a check was issued as a mere guarantee, there is no estafa
since it was not issued in payment of an obligation. And when the
postdated check were intended merely as promissory notes, there
is also no estafa.
d) Good faith is a defense regarding the issuance of such checks.
The payee’s knowledge that the drawer has no sufficient funds to
cover the postdated checks at the time of their issuance negates
estafa.
e) Issuance of the check must be a MEANS to obtain a valuable
consideration from the payee (offended party).

3. The Bouncing Check Law (Batas Pambansa Blg. 22).

Acts penalized under BP 22 are:

a) The making, drawing or issuance of any check to apply on account

or for value, the drawer knowing at the time of issue that he does
not have
 b) sufficient funds in or credit with the bank to pay the check in full
when it is presented for payment. The check is dishonored by the
bank or would have been dishonored had not the drawer, without
any valid reason, ordered the bank to stop payment.
c) The failure of any person who, having sufficient funds in or credit
with the bank when he makes or draws a check, shall fail to keep
sufficient funds or maintain a credit to cover the full amount of the
check if presented within 90 days from the date of the check. As a
result, the check bounces.
d) The essential elements is the KNOWLEDGE on the part of the
maker or drawer of the check OF THE INSUFFICIENCY OF HIS
FUNDS.
e) But where a person endorse a check issued by another to pay an
obligation which did not exist before, knowing that the drawer had
no funds in the bank or that the funds are insufficient, the endorser
is liable for estafa only.
f) If the check that bounced was issued to pay a preexisting
obligation, the drawer is liable only for violation of BP 22.
g) If the payee is aware of the insufficiency or lack of funds in the bank
to cover the amount of the check at the time of issue, the drawer
may be held liable under BP 22, not estafa, since there is no deceit
on the part of the drawer.
h) The same person can be punished under both BP 22 and Art 315 of
the Revised Penal Code for the same offense simultaneously.

B. Bank Fraud Investigation.

1. Preliminary Steps:

a) There must a complaint.

b) Ascertain the possible crime committed.
c) Determine the particular bank transaction(s) involved.

2. Investigative Steps.

a) Determine what document(s) is/are needed to prove the offense, if any.

b) Determine where and how to get them.
c) Get the document (physically) by electro-copying, photographing, etc.,
without delay.
d) Evaluate and analyze the documents’ probative value.
e) Determine the person(s) to be interrogated.
f) Study and formulate the mode and scope of the interrogation. This
includes confrontation and identification of documents by the person(s)
under interrogation.
g) Verify and follow up leads furnished by the person(s) interrogated.
h) Apply standard investigative techniques.
i) Collate and evaluate evidence gathered.
j) Prepare the report.
3. Documents Involved in Particular Bank Transactions.

a) Foreign Letter of Credit (L/C):

(i) Application and agreement for commercial L/C.

(ii) Firm offer or pro forma invoice or cable quotation.
(iii) The Letter of Credit itself.
(iv) Offering ticket.
(v) Oficial receipt (for marginal deposit).
(vi) Check (used in making merginal deposit).
(vii) Cable advise.
(viii) Credit/Debit advice.
(ix) Insurance policy.
(x) Bill oflanding.
(xi) Certification issued by the Bureau of Customs.
(xii) Certification issued by the Central Bank.

b) Telegraphic Transfer:

(i) Application for purchase of foreign exchange for miscellaneous

purpose.
(ii) Evidence of indebtedness to support the application.
(iii) Certification issued by the agent’s bank.
(iv) Debit ticket.
(v) Cable advise.
(vi) Telegraphic transfer.
(vii) Credit ticket.
(viii) Official receipt.
(ix) Check used.
(x) Specimen signature.

c) Real Estate Mortgage Loan:

(i) Loan application.

(ii) Torrens Title and/or tax declaration.
(iii) Inspection and appraisal report.
(iv) Credit investigation report.
(v) Loan approval memorandum.
(vi) Promissory note.
(vii) Real Estate Mortgage contract.
(viii) Deed of Sale of the property used as collateral.
(ix) Board minutes relative thereto.
(x) Check used in the withdrawal of the loan.
d) Encashment of Out-of-Town Check:

(i) Check.
(ii) Remittance slip.
(iii) Teller’s block sheet.
(iv) Clearing and distributing clerk block sheet.
(v) Accountant’s block sheet.
(vi) Monthly reconciliation statement.

e) Time Deposit:

(i) Deposit.
(ii) Certificate of time deposit.
(iii) Check used.
(iv) Teller’s proof sheet.
(v) Teller’s daily record of deposits.
(vi) Check register.
(vii) Posting tape.
(viii) Individual ledger card.
(ix) Withdrawal slip.
(x) Books of accounts.
(xi) Specimen signature card.

f) Demand Draft:

(i) Application.
(ii) Demand draft.
(iii) Cashier’s check.

g) Trust Receipt.

(i) All documents needed re foreign L/C.

(ii) Invoice (only in case of domestic L/C.)
(iii) Draft .
(iv) Trust Receipt.

h) Over Draft Line:

(i) Agreement for advances in current account.

(ii) Bank resolution.
(iii) Collateral used; that is either the Real Estate Mortgage or
assignment of deposit.
(iv) Check used by the bank client.
i) Domestic L/C:

(i) Invoice.
(ii) Draft or promissory note.
(iii) Trust receipt.

j) Cashier’s Check;

(i) Application.
(ii) Cashier’s check.
(iii) Check used, if any.

k) Money Market:

(i) Promissory note.

(ii) Call slip.
(iii) Repurchase agreement.
(iv) Check used.

l) Encashment of Fake and/or Forged Foreign Checks:

(i) Check involved.

(ii) Debit and credit ticket.
(iii) Withdrawal slip.
(iv) Passbook.
(v) Specimen.
(vi) Debit and credit.
(vii) Affidavit of the real payee.
(viii) Return slip.
(ix) Blue paper (the schedule of receipts of collection items).
(x) Deposit slip.
Notes:
[1] Money Market – This is one kind of bank transaction wherein
a particular bank will issue a promissory note in favor of another
bank.
[2] Call Slip – Is a debit and credit ticket authorizing the Central
Bank to pay a certain bank changeable against the account of
another bank.
[3] Demand Draft – is a bank transaction wherein a client of a
bank will buy or purchase a demand draft to presented to his
branch.
[4] Draft – is a promissory signed by the client of the bank.
[5] Out-of-Town Check – is a check being presented to
encashment before any bank located not within the territory
where the issuing bank is located.
 Chapter X

ARSON INVESTIGATION

A. Arson Investigation

1. Law and Jurisprudence:

The law on arson in the Philippines is covered by Article 320 to 326 of the
Revised Penal Code, as amended by PD No. 1613, PD No. 1744, and RA
6975, Sec 54 which provides that the fire Bureau shall have the power to
investigate all cases of fire and, if necessary, file the proper complaint with
the City/Provincial prosecutor who has jurisdiction over arson cases.

a) Elements of Arson:

(i) Actual burning took place.

(ii) Actual burning is done with malicious intent.
(iii) The actual burning is done by person(s) legally and criminal
liable.

b) Article 326 B, RPC – Prima Facie Evidence of Arson – Any of the

following circumstances shall constitute prima facie evidence of arson:

1. If after fire, materials or substances soaked in gasoline, kerosene,

petroleum, or other inflammable, or electronic contrivance designed
to start a fire or ashes or traces of any of the foregoing are found;
2. That substantial amounts of inflammable substance or materials not
necessary in the course of the defendant’s business were stored
within the building, and
3. That the fire started simultaneously in more than one part of the
building or locale under circumstances that cannot normally be due
to accidental or unintentional cause: Provided, however, that at
least one of the following is present in any of the three above-
mentioned circumstances:

a) That the total insurance carried on the building and/or goods is

more than 80% of the value of such building and/or goods at the
time of the fire.
b) That the defendant after the fire has presented a fraudulent
claim for loss.

The penalty of prison correctional shall be imposed on one who

plants the articles above-mentioned, in order to secure a
conviction, or as a means of extortion.
 c) Sec 6, PD 1613 – Prima Facie Evidence of Arson -- Any of the
following
d. circumstances shall constitute prima facie evidence of arson. These
are in addition to those enumerated under Art. 326-B of the Revised Penal
Code:

1. If the fire started simultaneously in more than one part of the

building or statement.
2. If substantial amounts of flammable substances or materials are
stored within the building not necessary in the business of the
offender nor 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 the building or property had been withdrawn from the
premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for
the safety of the person or property of the victim.

d) Sec 4, PD 1613 – 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 toward the owner or
occupant of the property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is planed or carried out
by a group of three (3) or more persons.

e) It is a well-settled principle of criminal law that a conviction for a crime

cannot be had unless the corpus delicit is established. To established
the corpus delicit in arson, the proof of two elements is required: (1)
the burning of the house or other thing, and (2) the criminal group that
caused it.

2. Preliminary Investigation.

a. Examination of the fire scene.

(i) Examination should be thorough.

 (ii) Establish the corpus delicit by eliminating all natural or
accidental cause.

a) Take photographs of the following:

(i) Exterior elevations.

(ii) Identification of the property.
(iii) Out-building and grounds.
(iv) Interior of the building, room by room, in logical sequence.
(v) Evidence, prior to removal, in close-up and wide angle shots.
(vi) Travel of fire and char pattern.
Note: Photography may be taken with most any type of camera, provided
the photos indicate the scene as the investigator found it. It 8 x 10
glossy, black and white prints, colored slides, movies and video tapes
may be utilized.

b) Sketches:

(i) Before the fire – A sketch is made to assist firearm and

investigators in presenting a clear picture of the of the involved
building to the court. The sketch may be approximately or
accurate, depending upon the ability of the investigator. It
should show clearly the rooms, halls , closets, doors, windows
and stairs. It should show utility leads into the building. In
commercial or industrial building, the sketch should locate the
standpipe, audible alarm bell, elevators or any other pertinent
factor involving the investigation of the fire.
(ii) After the Fire – The whole layout should be sketched indicating
therein exact places where articles, etc. were found and the
position thereof.

c) Laboratory:

(i) Evidence must be collected, identified and preserved and then

transport to the laboratory in the best possible condition. Every
efforts should be made to prevent contamination of materials
secured as evidence. Containers for evidence may consist of
heavyweight plastic bags of various sizes, clean glass mason
jars with rubber washers and screw tops, metal cans with clean
pressure or plastic lids, clean glass bottles with screw caps, and
cardboard or plastic boxes of assorted sizes.
(ii) Evidence containing latent prints should be protected so as not
to smudge or destroy the prints.
(iii) A letter of instruction should be sent to the laboratory with the
evidence, describing the same and what the investigator
expects the laboratory technician to recover via the various
laboratory processes.
d) Preliminary interview with the owners/occupants.

This interview in conducted to ascertain the names of owners/occupants,

insurance data, employment, etc. Warning: Nothing should be said or
implied during this interview to indicate any suspicion toward the person
interviewed. Information obtained in these preliminary contacts may
provide a possible clue as to an accidental fire, or leads on possible
suspects and motives.

e) Insurance.

(i) The insurance agent or broker will provide the names of the
company(ies), policy number(s), terms of the insurance and
expiration dates, mortgage payable clause, name of the
adjuster, and whether or not the insurance was in the period of
cancellation. It should also be ascertained, from the
agent/broker who solicited the business, who suggested the
amount of coverage and whether the premium payment was
current or delinquent.
(ii) The insurance adjusters can provide complete insurance
information regarding the loss. He can also supply any
statement taken from the assured. He will be able to provide a
sworn proof of loss, which will include specific items claimed
damaged or lost and which may provide the investigator with
information indicating an attempted fraud. Adjusters frequently
have access to the books (ledgers, journals, inventories, etc.) of
the business establishment involved in the fire. Should the
investigation indicate a probable fraud, the adjuster can request
the interested insurance company(ies) to withhold payment
during the course of the investigation.

f) Neighborhood inquiry.

When conducting a neighborhood inquiry, interview person in a wide area

of the surrounding community. Interview the person who discovered the
fire, how he/she happened to be in the area, the location of the fire when
initially observed and other pertinent facts. Interview the person who
turned in the alarm. Obtain observation from neighbors concerning the
fire, prior to during and after the fire. Ascertain the relationship of the
owner(s)/occupant(s) with the neighbors. Witnesses may be able to
provide information relative to the insured’s domestic life, financial
condition, anticipated sale of the property and problems with the property
such as flooding heating, changes of routes, etc. It is sometimes useful to
take statements from any witnesses who appear to be hostile or who may
later change their testimonies. Remember you are seeking information.
Do not divulge information to witnesses.
 g) Public records.

(i) Legal Records – deed, mortgages of real estate and chattels;

lens encumbrances, and his pen dens; vital statistics; local and
national taxes; hospital and mental records.
(ii) Financial and credit information; building and loan associations;
credit bureaus; charge accounts; public utilities, i.e, gas water,
electricity, telephone; servicemen, i.e. newsboy, milkman, etc.
(iii) Employment records, military records, school records, juvenile
court records.

3. Questioning Principal Suspects.

a) Prior preparation will determine when the investigator should conduct

the initial questioning. All background information pertaining to the
suspect and the matter under investigation should be known to the
investigator prior to the interview. Principal witnesses should be
questioned separately. The fewer the investigators present at the
interview (two is an ideal team), the more prone the suspect will be to
divulge information.

b) Statements.

(i) Tape-recorded statement should be made on a permanent

recording, for their preservation, to forestall any alterations, and
to ensure their availability to the availability to the court if
necessary. Once started, a tape recorder should operate
continuously. If for any reason the record is shut off, the
subject should be made aware of this , and when the recording
is resumed, the reason for shutting off the recorder should
noted and the subject should be asked if he was promised any
reward threatened, or forced to continue his statement.
(ii) When shorthand notes are being taken, the stenographer
should be introduced to the subject. Some investigators
request the subject to initial all pages of the shorthand notes.
(iii) Statements may be narrative or question-and-answer type.
There may be times when the subject will write his own
statement, and this is desirable.
(iv) Statements should contain a complete personal history of the
principal subject, associates, complete and accurate
account ,of the purchases, lease or rentals of the involved
property, any strikes, personnel problems, loss of business,
neighborhood change, highway changes, inventory, a complete
account of his activities, prior to, during and after the times of
fire., etc.
4. Motives.

It is not essential to prove motive in obtaining a conviction for the crime of

arson. Establishing a motive does help on providing the reason why the
suspect committed the crime. The following motives for setting fires are
well-known to investigators and are self-explanatory.

a) Fraud.
b) Spite – Revenge.
c) Cover up a crime.
d) Vandalism – Riots.
e) Pyromania.
f) Juvenile delinquency.

B. Reporting Arson Investigation.

1. Preliminary Report.

It is not necessary to go into details in preparing a preliminary report. This

report should be submitted to the supervisor as soon as possible after
preliminary investigation. The report should list the following:

a) Owner – His/Her name and present address.

b) Occupants – Their names and present address.
c) Date and hour of fire.
d) Location of fire, street address, city or municipality, province.
e) Person requesting investigation and date of the request.
f) Brief description of the building as to construction and occupancy.
g) Available insurance date:
(i) Name and address of agent.
(ii) Name and address of adjuster.
h) Investigator’ s conclusion as to cause of the fire. Is it accidental?
Suspicious? Incendiary?
i) Reason for closing the investigation. Accident report may be
concluded with the preliminary report.
j) Reason for continuing the investigation. Note what action is expected
to be taken by the investigator.
k) Date of preliminary investigation.
l) Date of report.
m) This report should contain a resume of the facts and information
obtained during the course of the preliminary investigation. It should
cite the reasons for the investigator’s conclusions.

2. Final Report.

The report contains a word picture of all information developed during the
investigation. All materials included should be concise, accurate and
complete as it becomes a permanent record and may be used by
prosecutors and attorneys in the preparation of cases for trial.
a) Case number.
b) Date of report.
c) Name, title, address of person requesting investigation and date of
request.
d) Subject: Owner or occupant, and present address.
e) Date and hour of fire alarm.
f) Weather condition, wind direction, speed etc.
g) Complete and detailed descriptions of building: height, construction,
type of roof, wiring, plumbing, heating device, air-condition, fuel, etc.
(Attach Sketch). If automobile or non-structure fire, describe and give
the serial number, license number, make, model, etc.
h) Location of loss. If in the city, give the street name and number and
city name. If rural, give mailing address, distance and direction from
the nearest road intersection, plot or lot number, etc.
i) Occupants.
(i) Dwelling: List names, ages, race, relationship, present address,
telephone numbers, place of employment. If multiple dwelling,
contact all occupants and obtain the above information.
(ii) Commercial/Institutions. List names, titles and addresses of all
officers and supervisory personnel.

j) Fire history.
(i) Name address of person(s) who discovered or reported the fire.
(ii) Fire departments and companies responding and officers in
charge.
(iii) Detailed history of the fire as learned from the fire officials and
firemen. In this paragraph, list any unusual circumstances
observed by firemen in extinguishing the fire.

k) Insurance:
(i) List name, address, telephone number of company, amount of
insurance, date and number of policy and to whom it was
issued.
(ii) Agent’s name, address, telephone number and name of
company.
(iii) Adjuster’s name, address, telephone number and name of
company.

l) Evidence:
What was found, the date, time, location and who now has custody;
names titles and addresses of persons securing evidence was taken to
the laboratory, receipt to be made a part of the report. Report from
laboratory should also be made a part of the report. Evidence should be
secured until the case is disposed of.

m) Photographs:
Note the type of camera used to take the photos; the name, title and
address of the person taking the photos; the name and address of the
person of firm developing the prints; type of film used. List the order in
which the photographs were taken, and what each depicts. Note who has
custody of the negatives.

n) Fingerprints:
It is desirable to include three copies of fingerprints and photos of
suspect(s) if available.

o) Suspects:
(i) In case no charge is filed or will be filed until more information is
obtained, but the reporting officer has the name(s) of strong
suspect(s) such as name(s) should be included here.
(ii) State the names, aliases and nick names of the suspect(s), the
present address, occupation, places of enjoyment, habits,
associates, family history, any past criminal record and physical
descriptions.

p) Motive.
The investigator should describe in his own words the reason or reason
why the suspect committed the crime. The suspect might have related his
motives for the commission of the crime, or they may be deducted from
the statements of witnesses.

q) Modus Operandi:
Describe or narrate in investigator’s own words the method, system or
manner by which the suspect entered the building, such as by using a
key, forcing a window or door open. Also outline suspect’s actions
before, during and after the crime. Set forth all other relevant information
that may be obtained. Outline from what sources these conclusions were
drawn.

r) Property:
List and describe the articles that were removed from the premises before
the fire, and if recovered, give the name and address of the holder. Also
list and describe any articles that the owner said were in the fire and
which and which you were not able to identify as being there. If the
articles were recovered, note the time and date of recovery, and where
they were recovered. Secure a copy of the proof of loss.

s) Witnesses.
Give the names, ages and addresses of witnesses, their occupation,
reliability and availability. State what each can testify to and, if possible.
State whether a witness is prejudiced for or against the subject. Include a
written report of all statements obtained from witnesses. Lengthy
statement may be separated and attached to the report. Summarize the
statement in the report and refer to the complete statement attached.

t) Financial report:
Obtain reports of the financial status of owners, suspects or the accused,
i.e., bank statements, mortgages, debts, bankruptcy, etc:, credit reports;
information or sale of property. Information pertaining to deed, titles,
taxes etc., should be included in this paragraph.

u) Court action.
State the defendants’ names, ages and address. Give the names and
address of the court’s presiding judge, the prosecutor and defense
counsel.

v) Assisting officers.
Police, firemen from fire service, NBI agents, etc.

w) Subsequent reporting.
In submitting additional information, follow the outline, as set forth, listing
the information to be reported under the proper headings and in the same
sequence, using only the captions applicable.
 Chapter XI

INVESTIGATION OF BOMBING

A. Explosives Investigation

1. Preliminary Remarks.

Investigation of this nature calls for the full use of ingenuity investigative
resourcefulness and scientific crime detection methods.

2. Interview and Interrogation.

a) All persons identified to be at the scene upon arrival of the police and
who might have witnessed the explosion should be interviewed.

b) Interviews must cover indications of suspicious activity as well as facts

on the explosion itself, namely:
(i) Sound of the explosion;
(ii) Force of the explosion and its directions;
(iii) Color of the smoke;
(iv) Color of the flame; and
(v) Odor of the gases produced.

c) Determine the avenues of approach to and retreat from the area

where the bomb exploded. Explore these avenues for evidence.
d) Mount a saturation interview of all persons who might have noticed
something bearing on the bomb explosion.
e) Photographs of potential bombers should be shown to person who
had the opportunity to see activities in the bomb area before and
immediate after the explosion.

3. Follow-up Police Activity:

a) Account for the whereabouts of suspects at the time of the bombing

and immediately prior and subsequent thereto. Information are useful
in this.
b) Start tracing any physical evidence found a the crime scene – for
example, dynamite wrappings, pieces of pipe, electrical devices, pieces
of fuse and similar materials. Use of experts (whenever available) in
searching the crime scene is best since they can recognize potential
evidence more quickly and may be able to make investigative
suggestions from what they see at the scene.
c) After experts have determined the type of explosive use, contact users
and suppliers of this particular type for aid in determining the source of
the explosive used. Consider also the possibility that the explosive
were stolen.
4. Motive:

This is very important in selecting suspects. Consider such traditional

circumstances as:

a) Evidence of motive.
b) Evidence of plan, design or scheme.
c) Evidence of ability and opportunity to commit crime.
d) Evidence of possession of the means for a bombing.
e) Evidence of flight after the explosion.
f) Evidence of flying, attempts to influence potential witness, faking an
alibi, destruction of potential evidence, and other indications of a
consciousness of guilt.
g) Consider the possibility that the victim had the bombing done for his
own benefit –publicity, sympathy, insurance, material problem, etc.
h) Consider the possibility that a “hate” organization is involved
regardless of whether the group is large or small, adult or juvenile.
i) Do not concentrate all of your time on one suspect.

5. Explosive Investigation Guide:

Team composition of Explosive investigation.

a) Team Leader:
(i) Select and assemble personnel and equipment and coordinate
with other offices.
(ii) Conduct scene overview.
(iii) Determine and establish scene integrity, security and safety.
(iv) Establish command post and media control.
(v) Conduct scene walk – through with Explosive Technician and
forensic Chemist.
(vi) Coordinate all personnel and search patterns.
(vii) Assign Immediate Area Search and Investigative Unit.
(viii) Assign General Area Search and Investigative Units.
(ix) Manage, evaluate and finalize search and investigative actions.
(x) Conduct final scene evaluation conferences.

b) Photographer:
(i) Select and assemble equipment.
(ii) Photograph immediate and general area including victims,
crowd and vehicles.
(iii) Photographs team operations.
(iv) Photograph blast seat and damage showing measurement.
(v) Photograph evidence as found.
(vi) Photograph immediate and general area from aerial perspective.
(vii) Take scene reconstruction photographic series.
(viii) Photograph blueprints, maps and previous photos of the scene,
if necessary.
(ix) Photograph known or potential suspect.
 (x) Identify additional photographic needs with all scene
investigators.

c) Evidence Technician:
(i) Select, assemble and distribute collection equipment to search
team members.
(ii) Prepare evidence control log and set up evidence collection
point.
(iii) Coordinate and control evidence collection techniques and
procedures.
(iv) Record the receipt of all properly marked and packaged
evidence from search teams on the evidence control log.
(v) Categorize collected evidence.
(vi) Maintain custody and control of collected evidence at the scene.
(vii) Coordinate with the team leader and other investigators.
(viii) Verify collected evidence with evidence control log before
departing the scene.
(ix) Document the chain of custody and provide temporary storage.
(x) Prepare laboratory analysis request and transmit evidence to
the laboratory.

d) Schematic Artist:
(i) Select and assemble equipment.
(ii) Diagram immediate blast area.
(iii) Diagram general. Area.
(iv) Identify evidence found by indicating the assigned evidence
numbers on the evidence control sketch showing the location
where found.
(v) Show necessary measurements of heights, lengths and widths.
(vi) Make artist’s conception of the scene prior to the blast with the
help of witnesses, showing how furniture was arranged or how
the structure was before the explosion.
(vii) Prepare a legend on the diagrams.
(viii) Inventory collected evidence with the evidence technician and
ensure that all evidence is noted on the control sketch.
(ix) Coordinate with the team leader and other investigators.

e) Immediate area investigative Unit:

(i) Select and assemble investigative equipment.
(ii) Interview local officers, firemen and all possible witnesses at the
scene.
(iii) Determine the owner of the property, the victim of the explosion,
and if any person were injured in the blast.
(iv) Obtain names of any persons who are employee, watchmen or
janitors.
(v) Provide the names and locations of all persons or groups who
should be interviewed to the General Area Investigative unit.
This list will include the injured persons who were taken to
hospital to rescue workers who have departed from the scene.
 (vi) Identify all persons at the explosion scene and coordinate with
the photographer to film the crowd and vehicles in immediate
and general areas.
(vii) Record description and time of sounds, color of smoke and any
odors noticed by witnesses.
(viii) Question the witnesses and record facts pertaining to the
general activity at the scene to the explosion.
(ix) Question the witnesses and record facts pertaining to anything
unusual about the activity or any facts concerning unidentified
packages, items, persons, or vehicles.
(x) Reconstruct the immediate area activity and coordinate with
the team leader and other investigators.

f) Immediate Area Search Unit:

(i) Select and assemble equipment.
(ii) Stay alert for structural hazards, secondary devices and
entrapment devices, before and after entering blast area.
(iii) Locate seat of explosion or point of fire origin.
(iv) Coordinate the schematic artist and photographer before
disturbing the crater or immediate blast area.
(v) Measure and record the size, depth and shape of the crater or
damage.
(vi) Collect samples from the blast seat and retain necessary control
samples.
(vii) Search and sift the seat of the explosion for device components.
(viii) Divide the immediate area into a search pattern and make a
methodical search. Search from the seat of the explosion to an
expanded area that overlaps with the generals area search unit.
(ix) Individually record and package evidence found and follow
routine procedure with the photographer, schematic, and the
evidence technician.
(x) Reconstruct the immediate area scene and coordinate with the
team leader and other investigators.

g) General Area Search Unit.

(i) Select and assemble equipment and coordinate search pattern.
(ii) Stay alert for structural hazards, secondary and entrapment
devices.
(iii) Check all surroundings buildings, vehicles and object for
damages by missile from the explosion and mark these
locations for the photographer and the schematic artist.
(iv) Search the area of ingress and egress for associative evidence,
such as footprints, tire tracks, torn clothing, blood, hair,
fingerprints or other evidence that may relate to suspect(s).
(v) Search the area for evidence from the explosion.
(vi) Search rooftops and trees or other high places that may have
caught debris from the explosion. Document blast effect and
glass breakage in surrounding area.
 (vii) Determine the extent of the outer perimeter of thrown missiles
and evidence. Indicate this finding to the schematic artist,
photographer and the explosive technician.
(viii) Adjust the outer perimeter of the search pattern as necessary.
(ix) Individually record and package the evidence found. Coordinate
this with the evidence technician, schematic artist and
photographer.
(x) Reconstruction the general area scene and coordinate with the
team leader and other investigators.

h) General Area Investigative Unit.

(i) Select and assemble investigative equipment.
(ii) Review maps and evaluate ingress and egress and select a
methodical pattern for any canvassing the area.
(iii) Determine the possibility of deliverymen being in the area and
make a list of their names and address for follow-up interview.
(iv) Canvass the neighborhood for witnesses.
(v) Canvass business premises that may be related premises to
ingress and egress, such as all-night service stations, cafes,
fast-food restaurant, etc.
(vi) Prepare a suspect list with necessary facts relating to the
investigation.
(vii) Record description of the suspect premises for future use.
(viii) Check sources of device components/materials recovered at the
crime scene.
(ix) Follow team leader assignments as developed from the scene
and make overall evaluation from conferences.
(x) Maintain communication with the team leader and coordination
with other investigators.

i) Forensic Chemist:
(i) Select and assemble equipment.
(ii) Conduct preliminary walk-through of the scene with explosive
technician and team leader.
(iii) Assist team leader in evaluating the situation and discuss the
method of approach.
(iv) Assist General Area Search Unit where appropriate.
(v) Assist Immediate Area Search Unit.
(vi) Coordinate with national and local laboratory personnel as
appropriate.
(vii) Act as technical adviser for all laboratory-oriented questions
arising at the scene.
(viii) Conduct field test where appropriate.
(ix) Assist the evidence technician and team leader in the evaluation
of collected evidence.
(x) Assist the evidence technician with proper packaging for
submission to the laboratory.

j) Explosive Technician
 i) Select and assemble equipment.
ii) Accompany team leader on walk-through to provide a technician
evaluation and assessment of the fire/explosion scene.
iii) Establish scene parameters.
iv) Identify seat of explosion of point of fire origin.
v) Assist the General and Immediate Area Search Units.
vi) Technically evaluate investigative information and recovered
materials.
vii) Determine whether the incident was criminal or accidental.
viii) Reconstruct the sequence of occurrences and physical
evidence.
ix) Prepare statement regarding technical determination.
x) Prepare statement regarding technical determination.

B. Safety Precaution for the Handling of Home-Made Bombs.

1. Preliminary Statement.

Upon the discovery of a bomb or suspected bomb, the function of the

private citizen should ordinarily be limited to warning all persons in the
bomb area and notifying the proper authorities.

The problem presented to the law enforcement officer is much more

difficult. He is concerned both with the protection of human life and
property, and with the removal of the bomb menace and subsequent
investigation to establish the identity of the perpetrator. However, the
primary importance of human life, including his own, should be the
controlling factor in his efforts to dispose of the bomb.

No person other than a trained explosive expert should attempt to

dismantle a suspected bomb.

2. Initial Steps.

a) Clear the danger area of all occupants.

b) Get the service of an explosive expert.
c) Avoid moving any article or object which may be connected with the
bomb or act as trigger mechanism.
d) Establish an organized guard outside the danger area.
e) Shut off power, gas and fuel from leading to the danger area.
f) Remove flammable materials from the surrounding area.
g) Notify the local fire department and rescue squads.
h) Arrange for stand-by medical aid.
i) Obtain mattresses, sandbags, other similar baffle devices for protection
against flying fragments.
j) Check and have available fire-extinguishing equipment.
k) Arrange for use of portable X-ray equipment, if the use of such is
deemed advisable by the explosive expert.

3. Control Action.
 a) A suspected bomb should be dealt with the fullest possible measure of
control before attempts to disable it are made.
b) If the bomb explodes, reduce the effects of the explosion by practicable
ways such as the use of sandbags and mattresses.
c) Sandbags should be used to surround but not to cover the bomb to
direct the force upward and downward rather than laterally over
adjacent areas. IF piled between the bomb valuable items or critical
points, it would afford some protection and should receive some
consideration.
d) Place barricades and should receive some consideration.

4. Disposal.

a) Disposal may be considered after appropriate control action has been

taken.
b) Destroy the bomb where it is found rather than risk the danger of
moving it. This course of action is especially recommended if relatively
little property damage would result.
c) Explode or break apart, by rifle fire from behind a barricade at safe
distances, the package containing the bomb or suspected bomb.
d) Burn or explode the package, where rifle fire is not advisable, by
placing kerosene-soaked rags or paper around it and igniting the rags
or paper.
e) Withdraw at safe distance from the bomb after the rags or papers have
been ignited.

5. Moving the Bomb.

When it is deemed advisable to remove the bomb rather than explode or

burn it where it is, a number of factors should be considered. It must first
be determined , as much as possible, whether the bomb is a TIME or
TRIGGER bomb.

a) Time Bomb explodes automatically at a present time.

i) It is activated by a clock mechanism though it may be set off by

some chemical delay device.
ii) It is seldom sent through the mails, though this possibility does
exist.
iii) It may be directed against either persons or property.
iv) Not all times bomb contains clock mechanism.
v) If a mechanism is used, it may be detected by placing a
microphone, the package and listening with the aid of an
amplifier placed some distance from the bomb.

b) Trigger Bomb may be set off by.

h) Picking it up;
ii) Inverting it;
 iii) Stepping on it;
iv) Opening the lid; or
v) Some other similar natural acts involving movement of the bomb
or part of it.

c) Open-type bomb.

i) Makes no effects to conceal its nature, such as sticks of

dynamite tied or taped together, fitted with a safety fuse and
blasting cap; a short piece of pipe loaded with an explosive
substances capped at both ends with a piece of safety fuse
portuding from a hole through one of the capped ends.

ii) Can be activated by attaching the electric blasting cap leg

wires to an electric current, if the safety fuse and blasting
caps in either or both are replaced with an electric detonator.
iii) Sources of current for testing off an electric blasting cap
include ordinary house current, a telephone, buzzer, bell or
flashlight batteries.
iv) Usually placed or thrown.
v) Cannot be sent by mail or express.
vi) Directed against property rather than persons.
vii) To deal with an open-type bomb, most safety fuse cannot e
extinguished by water of by stamping but must be several
ahead of the progress of burning. Is detected by a
discoloration of the fuse.
viii) U.S.-Manufactured safety fuses normally burn at the rate of
90 to 120 seconds per yard.
ix) Sever the safety fuse well ahead of the progress of burning
to render the bomb inactive.
x) Though successful in cutting or removing the safety fuse
( the bomb itself should be treated as an active one),
explosive experts should be called to dismantle the bomb
and render it safe to handle.

d) Concealed or disguised bombs.

I) Generally activated by time delay devices or trigger

mechanisms.
ii) Any conceivable object of practicable size can be used to
disguise a bomb , e.g. gift packages, cigar boxes, food
containers - - an infinite number of items.
iii) Directed principally against persons.
iv) Should be handled by explosives experts.

6. Types of Explosive Used in the Construction of Home-Made Bombs.

a) Low-order explosives.

j) Black powder.
 ii) Smokeless powder.
iii) Volatile vapors.

b) High order explosive.

i) Various grades of dynamite.

ii) Blasting gelatin.

REMINDER: Only technical personnel fully acquainted with explosive

devices should be allowed to Handle, Dismantle and Destroy.
 Chapter XII

ROBBERY AND THEFT OF MOTOR VEHICLES

1. Robbery (Hold-up).

a) Place of occurrence.
b) Time of occurrence - - how was the hold-up committed? (Report might
be fake or simulated ).
c) Number of participants in the holdup.
 Number of Suspects.
 Number of victims.
d) Physical descriptions of suspects. (Identify by number , e.g., Suspect
No. 1 No. 2, etc)
e) Injuries sustained by victim(s), if any.
f) Common expressions uttered by suspects(s) diction, intonation manner
of speech-lisping, talking though the nose.
g) Number and description of weapons used firearms, bladed or blunt
instruments.
h) If victims was taken with the motor vehicle, what was the route taken in
the getaway and where was the victim subsequently released?
i) Description of suspect’s motor vehicle, if any.
j) Complete description (secure copy of registration papers) of victim’s
motor vehicle.
k) Other personal effects or articles taken by suspects aside from the
motor vehicle.
l) Witnesses to the robbery (holdup).
m) “Carnappers” who take the victim with the motor vehicle sometimes
carry on a conversation with the victim before dumping him in an
isolated place. In this conversation, they sometimes give hints could
be pursued should be later decide to pay ransom for the car.
n) Some gangs of “carnappers” have their own modus operandi in
committing a holdup. Some have a favorite dumping place for their
victims, e.g. Sucat Road, the Alabang Zapote Rod for carnappers
based in Cavite; isolated places in San Juan and Mandaluyong for
carnappers based in pampanga (San Fernando Macabebe, Angeles,
Guagua, Mabalacat) and Bulacan ( San Miguel, Plaridel, Baliwag
Obando) and Nueva Ecija (Sta Rosa , Gapan, Cabanatuan) the dark
service road of the South Super Hiway (for carnappers based in Cavite
and Rizal, Laguna and Batangas); etc.

2. Theft and Robbery With Force Upon Things.

a) Purpose: Identify and apprehend the offenders and recover as much

stolen property as possible.
b) Consideration:
 i) Determine the method of approach and the entry.
ii) Reconstruct the offender’s activities at the scene.
iii) Find out if there were attempts to destroy evidence or conceal
the offense.
iv) Gather evidence on the type of transportation used.
v) Gather evidence to determine the method and route of exit and
flight. This may provide leads to the offender.

3. Carnapping.

a) What is meant by the term “carnapping”? How is it committed?

“Carnapping” is the taking, with intent to gain, of motor vehicle belonging

to another without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things (Sec 2, RA 6538).

b) What are the elements of carnapping?

i) Unlawful taking.
ii) Intent to gain.
iii) Motor vehicle belonging to another.
iv) Lack of owner’s consent.
v) Use of violence against or intimidation of persons, or force upon
things.

c) What is a motor vehicle?

“Motor vehicle” is any vehicle propelled by means other than muscular

power using the public highways, but excepting rollers, trolley cars, street
sweepers, sprinkles, lawnmowers, bulldozers, graders, forklifts, amphibian
trucks and cranes if not used on public highways; also, vehicles which run
only on rails or tracks, and tractors, trailers and traction engines of all
kinds used exclusively for agricultural purpose. Trailers having any
number of wheels, when propelled or intended to be propelled by
attachments to any motor vehicle, shall be classified as separate motor
vehicles with no power rating. (Sec 2, RA 6538)

d) How can one detect a stolen motor vehicle?

i) Lack of license plate number.
ii) Sporting improvised plate.
iii) If the vehicle appears to be abandoned.
iv) Sporting a fake license plate or stickers.
v) Having no stickers for the currently year.
vi) If the vehicle appears to be haphazardly painted.
vii) If the plate number does not correspond with the year/model of
the vehicle.
e) What are the possible signs of such fraud in transactions relating the
transfer of motor vehicle.
The following are the possible signs of such fraud:
j) When the seller cannot present offers to register the motor
vehicle in behalf of the
buyer.
ii) When the price is conceivably below the prevailing market price.
iii) If the seller cannot present original copies of supporting
documents, i.e., CR, OR, Deed of Sale, regarding his ownership
of the motor vehicle.
iv) Obviously falsified supporting documents.
v) If the sale is through a third party rather than the actual owner
appearing in the CR.

f) How does one obtain a motor vehicle clearance?

Applicants for clearance are required to bring the vehicle desired to be
cleared to HPG Headquarters in the regions/ province for
stenciling/macro-etching of its motor/chassis numbers. At the same time,
the applicant must present the following:

A. Clearance for transfer of Ownership:

i) Xerox copies of the vehicle’s Certificate of Registration.
ii) Deed of Sale.
iii) If the vehicle is covered by an existing mortgage, a xerox copy
of the Chattel Mortgage release or, in the proper case, the
deed of sale with assumption of the mortgage obligation
which must bear the conformity of the mortgage.

B. Clearance for original registration:

i) Xerox copy of the Dealer’s receipt.

ii) Xerox copy of the LTO Certificate of Dealer’s Report.

C. Clearance for change of motor/chassis/color:

i) Xerox copy of the vehicle’s CR and latest OR of Payment of

LTO fees.
ii) Affidavit of stating the change of motor/chassis color and the
circumstances thereof.

D. Clearance to rebuild/assemble:

I) Affidavit stating the circumstances of rebuilding /assembling of a

unit from down parts.
 ii) Dealer’s receipt of all the parts involved.
iii) The LTO’s Certificate of Dealer’s Report to LTO covering the
chassis/engine.

4. (Qualified) Theft of Motor Vehicles. Consider the following:

a) Where the motor vehicle was stolen.

b) Time when it was parked.
c) Time the car theft was discovered.
d) How was the car possibly taken?
e) Complete description of car. (Get the registration papers, if possible.)
f) If car was stolen from residence, look for footprints, tire marks of
vehicle used by suspects, tools or implements left behind.

5. Follow-up Investigation.

a) Surveillance of known fences and car repair shops, and exchanges

known to be storage places for stolen (carnapped) vehicles.
b) Identification of the suspect(s) by victim from mug shot in your rogues
gallery or those being kept by other agencies.
c) Gathering of information from informers and informants about past,
present and future activities and plans of known carnappers belonging
to the gang and their names, aliases, physical descriptions,
weaknesses (drug-addicts, fondness for a certain type of gun,
fondness for alcoholic drinks and beverages, etc.) their hang-outs
(clubs, barbecue plazas, cafeteria, etc.
d) Gathering of information of favorite storage places and garage of
carnappers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor vehicles:
i) Check registration papers, deeds of sale and other papers
(Custom records of car is imported) concerning the recovered
car presented by the possessor of the car with the LTO etc.
ii) Request Forensic Chemistry Division to have the motor and
chassis numbers and paints examined (to find out whether
motor and chassis numbers have been tempered with and
whether it was repainted, and if so, for their restoration and
determination of the original color).
iii) If engine and chassis numbers have not been tampered with,
trace the owner from whom the said car was carnapped or
stolen.
iv) Request the owner to present his papers of ownership and
conduct an interview as to the circumstances of the loss; take
sworn statement, show mugs shots of the suspect or present the
suspects themselves if they have been arrested ; include, in the
interview questions as to whether the victim has means of
identifying the motor vehicle other than through the monitor and
chassis numbers.
v) If motor and chassis numbers have been tampered with, bring
the motor vehicle to the plant of the company which assembled
the vehicle to identify the owner by secret numbers the plant has
placed in the car.
vi) If the owner has been identified by this method and by going
through the records in the office of the company, contact the
owner, bring him to the office and follow the procedure above.
vii) Interview the possessor as to the person(s) from whom he
acquired the motor vehicle recovered from him.
viii) Trace this person(s) for questioning and investigation.
ix) If suspect(s) have been arrested, question them regarding the
five “W’s” and one “H” not only regarding the recovered car but
also past robberies or thefts committed by them; question them
also on their knowledge of other carnappers and gangs of
carnappers their areas of operation, physical description,
names, aliases, hangouts, residence, etc.
x) Check the records of arrested suspects.
 Chapter XIII

MOTOR VEHICLE ACCIDENT INVESTIGATION (Major Accidents)

A. Traffic Accident Investigation

1. Traffic Accident Investigation. Determine WHAT happened, WHO was

involved, HOW and WHY the accident occurred, and WHERE it happened.
2. What is Traffic Accident? It is an occurrence in a sequence of events
which usually produces unintended injury, death, or property damage.
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring
on a traffic-way – the ordinary collision between automobiles on a street,
road or highway.
4. Motor VehicleNonTraffic Accident. Any motor vehicle accident which
occurs entirely at any place other than a traffic-way - an automobile
accident on a farm or along a private driveway or thoroughfare.
5. Non-Motor Vehicle Traffic Accident. Traffic accident occurring on a
traffic-way, involving a person using the traffic-way for travel or
transportation, but not involving a motor vehicle in motion collision
between a pedestrian and bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that results in unintended injury or
property damage attributable directly or indirectly to the motion of motor
vehicle or its load. Include are accidental injury from inhalation of exhaust
gas-fire explosion, discharge of firearm within the motor vehicle when due
to motion of the vehicle, any collision between a motor vehicle and a
railroad train. Excluded are collision of motor vehicle with an aircraft or
watercraft in motion, injury or damage due to cataclysm, and injury or
damage due to cataclysm.
7. Direct Causes of Vehicular Traffic Accident.

a) Speed.
b) Driver (attitude or behavior)
c) Vehicular malfunctions.
d) Road conditions.
e) Road hazards.
f) Perception factors.

8. Preliminary Actions.
a) When the officer receive the call:
(i) When and where the accident occurred.
(ii) How serious were the injuries.
(iii) Need for ambulance and other equipment.
(iv) Name and address of the person reporting. He may be an
important witness.
 (v) Who witnessed the accident?
(vi) Is there a traffic block?
(vii) Arrange for help, if need- e.g., firetrucks, etc.

b) Drive safely in going to the accident scene. Be alert for cars leaving
the scene. It might turn out to be a hit-and-run case.

9. Duty of a Police Officer in Time of the Traffic Accident.

a) Protect life and property.

(i) Render whatever aid is necessary to the injured persons.
(ii) Take steps to prevent further destruction (like fire and other
hazards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names of persons present. In case of loss of
property belonging to the injured or dead, you may need these
persons to protect the good name of the PNP.

b) Protect the accident scene.

(i) Prevent physical evidence from being lost or destroyed.
(ii) Photographs should be taken before the physical evidence s
removed.
(iii) First things first. Location and position can be marked off first
and measurements taken later.

c) Protect other properties.

d) Determine the cause of the accident.
(i) Determine why it had occurred.
(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusions derived from physical evidence.
(vi) Identify evidence regarding the behavior –of individual drivers.
(vii) Determine the responsibility of BOTH drivers.

e) Locate drivers and witnesses.

(i) Get driver’s license.
(ii) Get the names and other details concerning persons who might
have witnessed the accident. Start with the ones who appear to
know something of the accident.
(iii) If the drivers are at the scene of the accident, make it a point to
separate them
 f) Interview drivers and witnesses.
(i) Conduct each interview separately.
(ii) Do not make conclusions as to responsibility in the presence of
drivers and witnesses.
(iii) Be alert for switches between driver and passenger.

g) Take measurements, and make diagrams and sketches.

h) Identify the precise location where the accident occurred.
i) Obtain equipment to remove damaged vehicle.
j) Evaluate physical evidence.
k) Check the road and vehicle conditions.
(i) Carefully examine road signs, signals, marking and other traffic
control devices.
(ii) Examine all moving parts of the vehicle.

l) Make conclusions on the validity of statements.

m) After leaving the accident scene.
(i) Interview the injured at the hospital.
(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all injured
persons.

n) Action against violators.

(i) Re-examine and asses the evidence.
(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior officers in
assessing evidence and deciding on the most appropriate
course of action.

o) Initiate action on the evidence and file the charge.

p) Prepare the report.

B. Calculating Speeds From Skid marks

1. Skid marks as Evidence in Accident Cases.

This is useful several ways other than as identification of the vehicle’s
speed.
a) It will show if the vehicle was traveling in the wrong direction of on the
wrong side of the road.
b) It will indicate if the driver failed to observe the right of way.
c) It will also show if the driver did not obey a traffic signal.

2. Procedure Followed by the PNP.

a) The officer submits as evidence in a case the measurements of the
skid-marks and the Court interprets the facts in the light of other
evidence.
(i) Some courts require the assistance of an experts.
 (ii) Measurement should be accomplished by two men.
(iii) Sketches and photographs with measurement indicated should
be made soon after the accident.

b) Some Police Departments have their officers skid a vehicle to a stop

from the legal speed limit, if this can be done safely, and compare the
skid-marks with those in the accident.
c) Some would draw conclusions from tests based on physical
calculation.

3. Measurement of Skid marks.

a) Should meet legal standards. Officers measuring the skid marks and
the distances to embankment or other fixed construction should verify
each others measurements so that they can corroborate each others
testimony in court.
b) Evidence should be presented to show that the skid marks were made
by the suspect car.
c) Witnesses should testify in court.

4. Basic Principle in Calculating Speeds from skid marks.

Energy and vehicle speeds. As automobile moving any speed
possesses energy . As the speed of the vehicle increase, the resulting
energy ratio of the increase as the square of the ratio of the increase in
speed.
Examples:
20 kph = 40
30 kph = 90
40 kph = 160

5. Stopping a Motor Vehicles.

Whenever a moving vehicle is stopped, the energy which it possesses
at that time must be expended or spent. It is only when most or all of the
vehicle’s energy is expended through skidding of tire that a vehicle’s
accurate calculation may be made of the vehicle’s speed before the
accident.

6. Skid marks.
The sudden application of brakes which results in the locked wheel
condition places such a great pressure between the brake shoe and the
brake drum that frictional force at this point becomes greater than the
frictional force between the tire and the road surface. When this condition
exist, the wheels skids.

7. Coefficient of Friction – Drag Factor.

It is the measurement of the maximum frictional resistance of
pavements. It is equal to the force exerted when the wheels are skidding
divided by the weight of the car.
PS = Test speed squared
30 x braking distance
 Where “30” is the gravitational constant in miles per hour.
(Transformation of feet per second to miles per hour.)

8. Reaction Time.

This is the distance traveled before applying the brakes.

a) Divide seconds in an hour (3,600) into feet in a mile (5,280) =
1.467.
b) To determine distance you will travel in one second, 1.467 (1.467 or
1.5) times the speed at which you are traveling.
c) Time to get foot off the accelerator and slam it on the brakes is ¾ of
a second on the average. The age of the driver should be
considered.
d) 1.5 x speed = length in feet covered before brake works for you.

9. Test Runs.

In making calculations for speed s from skid marks, it is often necessary to

conduct one or more test runs, using the vehicle involved in the accident
or, if it cannot be driven, another vehicle of similar characteristics may be
used.
a) Conditions should be the same as those existing when the accident
occurred. The character of the road, whether wet or dry, should be
the same,
b) Conduct tests on the same road surface and in the same direction.
c) The vehicles speedometer should be checked, and any difference from
accurate calibrations should be noted.
d) A speed consistent with safety, such as 20 or 30 miles per hour,
should be selected for the test run.
e) Brakes should be applied suddenly and as hard as possible when the
car is moving at the selected test speed.
f) The length of each skidmark should be measured.
g) If a brake detonator is available, the total braking distance should be
accurately determined using such equipment, either mechanically or
electrically operated.
h) Generally, it is advisable to conduct two or three test at the selected
speed. The test producing the longest braking distance, that which
favors the defendant most, is generally used in the calculation.
i) To avoid possible differences in the application of brakes by the driver,
it may be advisable to have the driver of the accident vehicle drive the
car in the test run.

10. Speed Calculations.

a) When a vehicle is stopped solely by skidding, it is possible to calculate
the speed of the vehicle at the beginning of the skid by using the
formula based on the principle that the skidding or braking distances
vary as the square of the speed:
 S2 m (Unknown speed) = D (Average of accident speed)
S2 d (Test braking distance)

Illustration:

S2 = 82.5
302 32

S2 = 900 x 82.5
32

S =  900 x 82.5
32

= 48.2

Minimum accident speed is equal to the speed of the car in the test run
times the square root of the number obtained by dividing the average of the
accident skidmarks by the total braking distance in the test run.
 Chapter XIV

HIT-AND-RUN ACCIDENT INVESTIGATION

1. Elements of Hit-and-Run.

a) You must prove suspect was driving the vehicle at the time of the
accident. Even if you have witnesses to prove this, get evidence to
disprove his alibi.
b) Suspect was involved in an accident resulting in death, personal injury
or damage to property.
c) Suspect failed to stop, give aid or information as to his identity to other
person(s) involved, to police or to anyone at the accident scene; or
failed to take reasonable steps to notify the owner of damaged property
other than a vehicle. Do not overlook the possibility of a simulated
second accident to explain damage caused by the first accident.
d) Suspect had knowledge of the accident.
(i) Physical evidence may prove the vehicle figured in the accident.
(ii) Extent of damage to vehicle would preclude allegation of lack of
knowledge. If suspect refrained from using his vehicle for
several days since the accident, this would also indicate guilt.
(iii) Guard against claims that the vehicle was stolen to evade
responsibility.

2. Classes of Hit-and-Run Drivers.

a) Drunk drivers.
b) Criminal fleeing from the scene of the crime.
c) Improperly licensed drivers, or drivers with no license or with revoked
or expired license.
d) Drivers who fear publicity and prosecution.
e) Ignorance of the accident.
f) Insurance or financial reason.
g) Driver who flees in panic.
h) Drug addicts.
i) Juveniles.

3. Preliminary Steps.
a) (Refer to checklist on Accident Investigation)
b) Obtain the best possible description of the car and driver.
(i) A good description may be obtained from partial description
given by witnesses.
(ii) Get the license plate and any unusual features of the vehicle.
(iii) Concentrate on the car’s description first.
 (iv) Dispatch initial description and all subsequent information to the
Headquarters and to police agencies that may assist in spotting
and stopping the suspect vehicle.
(v) Broadcast descriptions of the suspect car and driver to all police
units and offices.
(vi) Try to determine the damage to the fleeing car.

c) Appeal for information through local newspapers, radio, TV, etc.

d) Carefully search the hit-and-ruin scene for physical evidence.
(i) These may include broken glasses and fragments, hubcaps,
paint scrapping from hit-and-run car, other evidence such as dirt
from subject car, radiator ornament, etc.
(ii) Carefully preserve and label all evidence found at the scene.
(iii) Request laboratory study of evidence (Refer to Scientific Aids in
Criminal Investigation).
(iv) Watch out for the possible return of the hit-and-run driver to the
scene of the accident. This has been known to happen.

e) The victim.
(i) Check his clothing; other parts of his body; tire marks, grease,
paint chips, fragments, and such things that might have been on
him by the suspect car.
(ii) If the victim is killed, get sample of uncontaminated blood from
him at the morgue and samples of hair, skin, etc.
(iii) Collect and preserve for laboratory examination the clothes,
shoe and other items he was wearing at the time of the accident.

4. Follow-up Investigation.
a) Interview persons along the route taken by the hit-and-run driver; also
operators of filling stations and garages.
b) Canvass parking lots and other filling stations and garages.
c) Return to the accident scene at the same time on subsequent days and
on the same day of the following weeks to obtain additional witnesses
such as delivery men operating on scheduled routes.
d) Follow up phone calls to garage and dealers of auto parts.
e) Continue appealing for information through the press, radio and TV.

5. Search for Suspect Car.

a) Look for physical evidence, such as latent fingerprints, pieces of
clothing, marks, damaged parts, dirt, hair, blood, etc. which will
identify the car as that involved in the hit-and-run accident.
b) Search the undercarriage of the suspect car. Determine also if there
is indication of disturbance in the grease or dirt adhering to it.
c) Make a careful investigation for replaced parts.
6. Interview of Suspects.
a) Obtain a signed statement if you can.
b) Get a full account of suspect’s whereabouts and write it down just in
case he refutes it later.
c) Approach and apprehend the driver of the suspect car as soon as his
identity and whereabouts are ascertained.
d) Place the driver in a defensive position by properly directed questions
upon approach.