Course Title : Criminal Investigation Course

Module : Module 2 Laws and Jurisprudence

Training Goals:

At the end of this block the students will be able to know the
basic elements and jurisprudence on the application of special laws.
Investigation procedures as provided by each special laws.

Training Objectives:

1. To teach and impart to the students the basic knowledge on

the elements and jurisprudence regarding special laws.
2. To know the allowed prescription of crimes in each special
laws.
3. Discussion on the investigation procedures to be undertaken
by law enforcers.
4. To provide the students the salient features in observing the
protection of vital witnesses and victims.
 Training Content Outline

Subjects Sub Topics Number

of Hours
Review of Selected 2.1 Declaration of Policy 2 Hours
Laws 2.2 Anti-Illegal Gambling Act

Definition of terms
2.2a Illegal Number Games
2.2b Jueteng
2.2c. Masiao
2.2d. Last two
2.2e. Bettor
2.2f. Personnel or Staff of Illegal
number Game Operation
2.2g. Collector or agent
2.2h. Coordinator or supervisor
2.2i. Maintainer or operator
2.2j. Financier or capitalist

2.3 Punishable Acts

2.3a Penalty of Bettor
2.3b Penalty of collector or agent
2.3 d Penalty of coordinator, controller, supervisor

2.3 e Penalty of maintainer, manager, or operator

2.3f Penalty of a Financier or Capitalist
2.3g Penalty of a Protector or Coddler
2.4 Liability of a Government Employees and Public Official
2.4a Penalty
2.5 Witness Protection
2.6 Informer’s Reward
2.7Anti- Illegal Drugs Act Declaration of Policy 2 Hours

2.8 Definition of Terms

2.8a Chemical Diversion
2.8b Clandestine Laboratory

2.8c Controlled Delivered

2.8d Cultivate or Culture
2.8e Dangerous Drugs
2.8f Deliver
2.8g Den, Dive or Resort

2.8f Dispense
2.8g Drug dependence
2.8h Drug Syndicate
2.8i Financier
2.8j Illegal Trafficking
2.8k Instrument
2.8l Laboratory Equipment

2.8m Manufacture
2.8n Planting of Evidence
2.8o Protector/Coddler
2.8p Pusher
2.8q Sell
2.8r Trading
2.9 Unlawful Acts and Penalties
2.9a Penalty for Importation of Dangerous Drugs,
Controlled Precursors and Essential Chemicals
2.9b Penalty for the Sale, Trading, Administration,
Dispensing, Delivery, Distribution and
Transportation
2.9c Penalty for Possession of Drugs
2.9d Penalty for Use for Dangerous Drugs
2.9e Penalty for Cultivation of Plants as Dangerous
Drugs
2.9f Penalty for Public Officer for Failure to account for

the confiscation of seized and surrendered

dangerous drugs
2.9g Penalty for Planting of Evidence
30 Minutes
2.10 Carnapping
2.10a Definition of Carnapping
2.10b Repainting
2.10c Body Building
2.10d Remodeling
2.10e Dismantling
2.10f Overhauling
2.10g Registration of Motor Vehicle, Engine Block and
Chassis
2.10h Defacing or Tampering with Serial Numbers
2.10i Penal Provision
2.10j Penalty for Carnapping
2.11 Violence Against Women and Child 1 Hour
2.11a Declaration Of Policy Lecture30
2.11b Physical Violence Minutes PE
2.11c Sexual Violence
2.11d Psychological Violence
2.11e Economic Abuse
2.11f Battered Woman Syndrome
2.11g Acts of Violence Against Women and Child
2.11h Penalties
2.11i Who may file for Protection Orders
2.11j Where to apply for a Protection Order
2.11k How to apply for Protection Order

2.12 Anti- Piracy and Anti- Highway Robbery 30 Minutes

2.12a Definition of Philippine Waters
2.12b Vessel
2.12c Highway Robbery
2.12d Penalty for Highway Robbery
2.12e Piracy

2.13 Anti-Fencing Act 30 Minutes

2.13a Definition of Ant-Fencing

2.13b Fence
2.13c Presumption of Fencing
2.13d Clearance/ Permit to Sell
2.13e Used Second Hand Article
2.13f Unlicensed Dealer/Supplier
2.13g Store, establishment or Entity
 2.14 Buy and Sell
2.15 Anti- Trafficking of Persons 30 Minutes
2.15a Declaration of Policy
2.15b Definition of Trafficking in Person
2.15c Child
2.15d Prostitution

2.15e Forced Labor and Slavery

2.15f sex Tourism
2.15g Sexual Exploitation
2.15h Debt Bondage
2.15i Pornography
2.15j What are the Acts of Trafficking In persons?
2.16 Qualified Trafficking in Person
2.17 Used of Traffic Persons
2.18 Prescriptive Period
2.19 Human Security Act 30 Minutes
2.19a Terrorism

2.19b Conspiracy to Commit Terrorism

2.19c Accomplice
2.19d Accessory

Summary:

In this module, the students will be able to learn the Definition of Terms, Definition of
Policies, Unlawful Acts with Corresponding Penalties, and the Proper way of Filing for
Protection Orders on Violence against Women and Child.
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Gambling)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Two (2) Hours

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of the law and the principle of
policing the dynamics of court proceedings and the procedures which will aid in the
successful prosecution of cases in court and at the same time protects the police from
unwanted legal entanglement.
Learning Goal:
At the end of this block of instruction, the students will be able to know the needed
documents and vital evidence which shall be incorporated in the preparation for an air-tight
investigation in the subsequent filing of case in court and the eventual conviction of the
suspect.

Training Objectives:

At the end of this lesson, the students will be able to:

a. To know the punishable acts and the corresponding penalties for such offense.
b. To educate the students on the proper filing of case in court and the eventual
conviction of the offender.
c. To impart to the students the effective mechanism and measures to be
d. undertaken in the conduct of a thorough investigation case.

Rationale of the Training:

a. To be attuned to the existing laws and jurisprudence, specifically in special laws.

b. Faithfully observe the rule of law and to make our police force accountable for
the rights of the victims, other individuals as well as that of the suspects.
c. To reform our investigators in respect to the procedures, rules and methods to be
observed during the conduct of an investigation, preparing the needed
documents and the subsequent filing of charges before the courts.
d. Providing the investigators the appropriate tools and strengthening crime
research to support more effective crime management investigation.
 SESSION

Anti- Gambling

Declaration of Policy

To promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an
improved equality of life for all.

Definition of Terms:

Illegal Number Games – Any form illegal gambling activity which uses numbers or
combinations as factors in giving out jackpots.

Jueteng- An illegal numbers game that involves the combination of thirty-seven (37)
numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37),
serving as a form of local lottery where bets are placed and accepted per combination and
its variants.

Masiao – An illegal number games where the winning combination is derived from
the results of the last game of Jai Alai based in the fictitious Jai Alai game consisting of ten
(10) players pitted against one another.

Last Two- An illegal numbers game where the winning combination is derived from
the last two (2) numbers of the first prize of the winning Sweepstakes ticket.
 Bettor (Mananaya or Tayador) Any person who places bets for himself/herself or in
behalf of another person, or any person, other than the personnel or staff of any illegal
numbers game operation.

Personnel or Staff of Illegal Number Games Operation- Any person who acts in the
interest of the maintainer, manager, operator or any other personnel performing such similar
functions ion a building structure, vessel, vehicles, or any other place where an illegal
numbers game is operated or conducted.

Collector or Agent (Cabo Cobrador) Any person who collects, solicits or produces
bets in behalf of his/her principal for ant illegal numbers game who is usually in possession
of gambling paraphernalia.

Coordinator, Controller or Supervisor (Encargado) Any person who exercises

control and supervision over the collector or agent.

Maintainer, Manager, or Operator- Any person who maintains, manges or operates

anti- illegal number game in a specific area from whom the coordinator, controller or
supervisor and collectors or agents get orders.

Financiers or Capitalist - Any person who finances the operations of any illegal
numbers game.

Protector or Coddler- Any person who lends or provides protection, or receives

benefits in any manner in the operation of any illegal numbers game.
Punishable Acts:

The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person
acts as a bettor.

The penalty of imprisonment from six (6) years and one (1) day to eight 98) years if
such person acts as personnel or staff of an illegal numbers game operation. Same
penalty shall likewise be imposed to any person who allows his vehicle, house, building
or land to be used in the operation of the illegal numbers game.

The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years
if such person acts as collector or agent.

The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor.

The penalty of imprisonment from twelve (12) years and one (1) day to fourteen
(14) years if such person acts as a maintainer, manager or operator.

The penalty of imprisonment from fourteen (14) years and one (1) day to
sixteen (16) years if such person acts as a financier or capitalist.
 
The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years if such person acts as a protector or coddler.
Liability of Government Employees and Public Officials:

a. If the collector, agent, coordinator, controller, supervisor, maintainer, manager,

operator, financer, or capitalist of any illegal number s games is a government employee
and or public official, whether elected or appointed shall suffer the penalty of twelve (12)
years and one (1) day to twenty years (20) and a fine ranging from Three Million pesos
(3,000,000.00) to Five Million pesos (5,000,000.00) and perpetual absolute disqualification
from public office.

b. In case of failure to apprehend perpetrators of any illegal numbers game, any law
enforcer shall suffer an administrative penalty of suspension or dismissal.

Witness Protection

Any person who provides material information, whether testimonial or documentary,

necessary for the investigation or prosecution of individual committing the offenses shall
be placed under the Witness Protection Program pursuant to Republic Act 6981.

Informer’s Reward

Any person who, having knowledge or information of any offense committed and
who shall disclose the same which may lead to the arrest and final conviction of the
offender, may be rewarded a certain percentage of the cash money or articles of value
confiscated or forfeited in favor of the government.

SUMMARY :
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Illegal Drugs)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Two (2) Hours

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them in policing the dynamics of court proceedings and the
crafting of procedures which will aid in the successful prosecution of cases in court and
at the same time protect the police from unwanted entanglements.
Anti- Illegal Drugs

Training Goals:

At the end of this block of instruction, the students will be able to know the
policy of the State in safeguarding the integrity of its territory and the well being of
its citizenry particularly the youth, from the harmful effects of dangerous drugs on
their physical and mental well-being, and to defend the same against acts or
omissions detrimental to their development and preservation.

Training Objectives:

a. To enhance the students of the efficacy of the law against dangerous

drugs.

b. To enhance the students capability in pursuing an intensive and unrelenting

campaign against the trafficking of dangerous drugs and other similar
substance.
c. To impart to the students an integrated system of planning, implementation
and enforcement of anti-drug abuse policies, programs, and projects.
d. To provide to the students the effective mechanisms or measures to re-
integrate into the society individuals who are fallen victims to drug abuse
or dangerous drug dependence through sustainable programs of
treatment and rehabilitation.
Anti-Illegal Drugs Act

Declaration of Policy- To safeguard the integrity of its territory and the well being of
its citizenry particularly the youth, from the harmful effects of dangerous drugs on their
physical and mental well being and to defend the same against acts or omission detrimental
to their development and preservation.

The government shall purse an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an , policies,
programs and projects.

Definition of Terms:
 
Chemical Diversion- The sale, distribution, supply or transport of legitimately
imported, transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug.
 
Clandestine Laboratory- Any facility used for the illegal manufacture of any
dangerous drug and or controlled precursor and essential chemicals.
 
Controlled Delivery- The investigative technique of allowing an unlawful or suspect
consignment of any dangerous drug and or controlled precursor and essential chemical,
equipment or paraphernalia.

Cultivate or Culture- Any act of knowingly planting, growing, raising or permitting

the planting, growing or raising of any plant which is the source of a dangerous drug.
 Deliver- Any act of knowingly passing a dangerous drug to another personally
or otherwise and by any means with or with out consideration.

Den, Dive or Resort- A place where any dangerous drug or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold
or used in any form.

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

Drug Dependence- It is the cluster of physiological, behavioral and cognitive

phenomena of variable intensity, in which the use of psychoactive drug takes on a high
priority thereby involving, among others, a strong desire or a sense of compulsion to take
the substance and the difficulties in controlling substance taking behavior in terms of its
onset, termination or levels of use.

Drug Syndicate- Any organized group of two (2) or more persons forming or joining
together with the intention of committing the distribution and selling of prohibited drugs.

Employee of a Den, Dive or Resort- the caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort employed by the maintainer, owner and/or
operator where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used with or without compensation in
connection with the operation.
 Financier- Any person who pays for raises or supplies money for or underwrites
any of the illegal activities.

Illegal Trafficking- The illegal cultivation, culture, delivery, administration,

disposition, manufacture, sale, trading, transportation, distribution, importation, exportation
and possession of any dangerous drug and/or controlled precursor and essential
chemical.

Instrument- Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.

Laboratory Equipment- The paraphernalia, apparatus, materials or appliances

when used, intended for use or designed for use in the manufacture of any dangerous
drug and/or controlled precursor and essential chemical.

Manufacture- The production, preparation, compounding or processing of any

dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin.

Planting of Evidence- The willful act by any person of maliciously and

surreptitiously inserting, placing, adding or attaching directly or indirectly through any overt
or covert act whether quantity of any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or imputing the commission.
 Protector/Coddler- Any person who knowingly consents to the unlawful acts
provided and uses his/her influence, power, or position in shielding, harboring, screening
or facilitating the escape of any person he/she knows or has reasonable grounds to
believe on or suspects has violated in order to prevent the arrest, prosecution, and
conviction of the violator.

Pusher- Any person who sells, trades, administers, dispense, delivers transit or
transports dangerous drugs or who acts as a broker in any of such transactions.

Sell- Any act of giving away any dangerous drug and or controlled precursor and
essential chemical whether for money or any other consideration.

Trading – Transactions involving the illegal trafficking of dangerous drugs and or

controlled precursors and essential chemicals.

Use- Any act of injecting, intravenously or consuming either by chewing, smoking,

sniffing, eating, swallowing or drinking.

UNLAWFUL ACTS AND PENALTIES

Importation of Dangerous Drugs and or Controlled Precursors and Essential

Chemicals- The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (500,000.00) to Ten million pesos (10,000,000) shall be
imposed upon any person who shall import or bring into the Philippines any dangerous
drug regardless of the quantity and purity involved.
 Sale, Trading, Administration, Dispensing, Delivery, Distribution, and Transportation of
Dangerous Drugs and or Controlled Precursors and Essential Chemicals- The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (500,000) to
Ten million pesos (10,000,000) shall be imposed upon any person who shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any dangerous drug.

Possession of dangerous Drugs- The penalty of life imprisonment to death and a

fine ranging from Five hundred thousand pesos (500,000) to ten million pesos (10,000,000)
shall be imposed upon any dangerous drug in the following quantities, regardless of the
degree of purity:

a. 10 grams or more of opium;

b. 10 grams or more of morphine;
c. 10 grams or more of heroin;
d. 10 grams or more of cocaine;
e. 50 grams or more of methamphetamine hydrochloride or shabu;
f. 10 grams or more of marijuana; and
g. 500 grams or more of ecstacy

Possession of Dangerous during Parties, social gatherings or Meeting- Any person

found possessing any dangerous drug during a party, or a social gathering or meeting or the
proximate of at least two (2) persons, shall suffer the maximum penalties.
 Use of Dangerous Drugs- A person apprehended or arrested, who is found to be
positive for use of any dangerous drugs, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense. If apprehended for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (50,000) to two hundred thousand pesos (200,000)
 
Cultivation or Culture of Plants Classified as Dangerous Drugs- The penalty of
life imprisonment to death and a fine ranging from Five hundred pesos (500,000) to Ten
million (10,000,000) shall be imposed upon any person, who shall, plant, cultivate, or
culture marijuana or any other plant regardless of quantity.
 
Criminal Liability of a Public officer or Employee for Misappropriation, Misapplication
or failure to account for the confiscated, seized and or surrendered dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia/ laboratory equipment- The penalty of life imprisonment to
death and a fine ranging from five hundred pesos (500,000) to ten million (10,000,000) in
addition to absolute perpetual disqualification from any public office, shall be imposed
upon any public officer or employee who misappropriates, misapplies or fails to account
for confiscated, seized or surrendered dangerous drugs, controlled precursors and
essentials chemicals, instruments/paraphernalia and/or laboratory equipment including
the proceeds or properties obtained from the unlawful acts.

Criminal Liability for Planting of Evidence – Any person who is found guilty of
planting any dangerous drug, controlled precursor, and essential chemical, regardless of
quantity and purity, shall suffer the penalty of death.
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Carnapping Law)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Thirty (30) Minutes

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of law and the principle of
policing the dynamics of court proceedings and the crafting of procedures which will aid
in the successful prosecution of cases in court and at the same time protect the police
from unwanted entanglements.
Anti-Carnapping Law

Training Goal:

At the end of this block of instruction, the students will be able to learn the
penal provisions and corresponding penalty stipulated in RA 6539.

Training Objectives:

a. To impart to the students the needed documents to prepare for the filling
of case against the suspects.

b. To teach the students on how to make an air-tight investigation for the

eventual prosecution of the suspects.

c. To emphasize to the students the importance of vital evidence to be

incorporated in the report for the appreciation of the court.
 Carnapping- Is the taking, with intent to gain of a motor vehicle belonging to
another without the latter’s consent, or by violence against or intimidation of persons, or
by using force upon things.
 
Defacing or tampering with serial number is the erasing, scrapping, altering or
changing of the original factory inscribed serial number on the motor vehicle engine,
engine block or chassis of ant motor vehicle.
 
Repainting- Is the changing the color of a motor vehicle by means of painting.
 
Body- Building – Is a job undertaken on a motor vehicle in order to replace its
entire body with a new body.
 
Remodeling – Is the introduction of some changes in the shape or form of the
body of the motor vehicle.

Dismantling – Is the tearing a part, piece by piece or part by part of a motor

vehicle.
 
Overhauling – Is the cleaning or repainting of the whole engine of a motor
vehicle by separating the motor engine and its parts from the body of the motor vehicle.
 Registration of motor vehicle, engine block and chassis – Every owner or possessor of
unregistered motor vehicle or parts in his name. All motor vehicle engine, engine block and
chassis not registered with the Land Transportation Office shall be considered an untaxed
importation or coming from an illegal source or carnapped, and shall be confiscated in favor of
the government.

Defacing or tampering with serial numbers of motor vehicle engines, engine

block and chassis – It shall be unlawful for any person to deface or otherwise tamper with the
original or registered serial number of motor vehicle engines, engine blocks and chassis.
 
Penal Provisions – Any person who violates any provisions shall be punished with
imprisonment for not less than two (2) years not more than six (6) years and a fine equal in the
amount to the acquisition cost of the motor vehicle, motor vehicle engine or any other part
involved inn the violation.
 
Any government official or employee who directly commits the unlawful acts is guilty
of gross negligence of duty or connives with or permits the commission of any unlawful acts
shall, be dismissed from the service with prejudice ton his reinstatement.
 
Penalty for Carnapping – Any person who is found guilty of carnapping irrespective
of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen (14)
years and eight (8) months and not more than seventeen (17) and four (4) months. When the
carnapping is committed without violence or intimidation of persons, or force upon things, an
imprisonment for not less than for not less than seventeen (17) years and four (4) months. And
not more than thirty (30) years, when the carnapping is committed by means of violence against
or intimidation of any person, or force upon things, and the penalty of reclusion perpetua to
death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is
killed or raped in the course of the commission of the carnapping.
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Violence Against

Women & Children)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 to SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : One (1) Hour Lecture and Thirty (30) minutes GPE

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of law and the principle in
policing the dynamics of court proceedings and the crafting of procedures which will aid
in the successful prosecution of cases in court and at the same time protect the police
from unwanted legal entanglements.
Violence Against Women and Children

Training Goal:

At the end of this block of instruction, the students will be able to know
the protective measures for victims and its penalties.

Training Objectives:

a. To make the students in understanding the need to protect the

family and its members particularly women and children.

b.To impart to the students the fundamental freedoms guaranteed

under the Constitution and the Provisions of the Universal
Declaration of Human Rights.
 SESSION

Violence Against Women & Children

Declaration of Policy
The states value the dignity of women and children and guarantees full respect for
human rights. Also, recognizes the need to protect the family and its members particularly
women and children, from violence and threats to their personal safety and security.
Definition of terms:
Physical Violence- refers to acts that include bodily or physical harm.
Sexual Violence- An act which is sexual in nature, committed against a woman or a
child.
Psychological Violence – Acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as intimidation, harassment, stalking and public
ridicule or humiliation.
Economic Abuse- Acts that make or attempt to make a woman financially dependent
which includes withdrawal of financial support.
Battered Woman Syndrome – Scientifically defined pattern of psychological and
behavioral symptoms found in woman living in battering relationships as a result of
cumulative abuse.
Acts of Violence Against Women and their Children – Causing physical harm to the
women or her child. Threatening and attempting to cause the woman or her child physical
harm. Placing the woman or her child in fear of imminent physical harm.
Penalties

Acts of violence against women and their children constituting attempted, frustrated or
consummated parricide or murder or homicide shall have the penalty of prision mayor, those
constituting less serious physical injuries shall be punished by prision correctional, and those
constituting slight physical injuries shall be punished by arresto mayor.

Threatening to cause the woman or child physical harm, shall be punished by

imprisonment of two degrees lower than the prescribed penalty for the consummated crime,
but shall in no case be lower than arresto mayor.

Attempting to cause the woman or her child physical harm shall be punished by arresto
mayor.
 
Placing the woman or her child in fear of imminent physical harm shall be punished by
arresto mayor.
 
Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct the woman’s or her
child’s freedom of movement, shall be punished by prision correctional.
 
Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decision, shall be punished by a prison mayor.
 
Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his family shall be punished by
prision mayor.
Who may file Petition for protection Orders- Can be filed by any of the following:

a. Offended party;
b. Parents or guardians of the offended party;
c. Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
d. Officers or social workers of the DSWD or social workers of local government
units;
e. Police Officers, preferably those in charge of women and children’s desk.
f. Punong Barangay or Barangay Kagawad;
g. Lawyer, Counselor, Therapist, or Healthcare provider of the petitioner and/or;
h. At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
knowledge of the offense committed.

Where to apply for a Protection Order – Application for Barangay Protection Order
(BPO) shall follow the rules on venue under Section 409 of the Local Government Code
of 1991 and its implementing rules and regulations. An application for a Temporary
Protection Order (TPO),or Permanent Protection Order may be filed in the regional Trial
Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court with
territorial jurisdiction over the place of residence of the petitioner. However, if a Family
Court exists in the place of residence of the petitioner, the application shall be filed with
that court.
 How to Apply for a Protection Order – It must be in writing, signed and verified
under oath by the applicant. A standard protection order application form, written in
English with translation to the major local languages, shall be made available to facilitate
applications for protection order, and shall contain the following:

a.Names and addresses of the petitioner and respondent;

b.Description of relationships between petitioner and respondent;
c.A statement of the circumstances of the abuse;
d.Description of the reliefs requested by the petitioner;
e.Request for counsel;
f. Request for waiver of application fees until hearing and;
g.An attestation that there is no pending application for a protection order in other
court.

Summary:

In this module, the students have learned the Definition of Terms, Definition of
Policies, Unlawful Acts with Corresponding Penalties, and the Proper way of Filing of
Protection Orders on Violence against Women and Child. It summarizes the key
principles, laws and policies dealing with the abuse and neglected women and abused
of children. These policies are intended to prevent and to lessen the harm to children
and families when they do occur.

The Police and Social Providers have a special responsibility and are an important
part of the Philippine child protection system. Hence, they should work together hand-in-
hand to prevent child abuse and neglect whenever possible. And when it happens,
promptly report the matter to concerned authorities.
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Piracy and Anti-

Highway Robbery Law)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Thirty (30) Minutes

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of law and the principle of
policing the dynamics of court proceedings and the crafting of procedures which will aid
in the successful prosecution of cases in court and at the same time to protect the
police form unwanted entanglements.
Anti- Piracy and Anti- Highway Robbery Law

SESSION:

Definition of Terms

Philippine Waters- It shall refer to all bodies of water, such as seas, gulfs, bays around
between and connecting each of the islands of the Philippines Archipelago, irrespective of its
depth, breadth, length or dimension and all other waters belonging to the Philippines by historic
or legal title which the Philippine has sovereignty or jurisdiction.

Vessel- Used to transport of passengers and cargo from one place to another through
Philippine waters. It shall include all kinds and types of vessels or boats used in fishing.

Highway Robbery – The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or
intimidation of persons or force upon things or other unlawful means committed by any person
on any Philippine Highway.

Piracy – The penalty of reclusion temporal in its maximum periods shall be imposed. If
physical injuries or other crimes are committed as a result or on the occasion the penalty
reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on
the occasion of piracy, or when the offenders abandoned the victims without means of saving
themselves, or when the seizure is accomplished by firing upon of boarding a vessel, the
mandatory penalty of death shall be imposed.

Highway Robbery – The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery, the penalty of reclusion temporal in its medium and maximum periods
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Fencing Act)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Thirty (30) Minutes

Learning Aids Required:

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poop sheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of law and the principle of
policing the dynamics of court proceedings and the crafting of procedures which will aid
in the successful prosecution of cases in court and at the same time protect the police
from unwanted entanglements.
Anti- Fencing Act

Training Goal:

At the end of this training block , the students will be able to learn the
existing laws in persecuting lawless elements profiting by the effects of the
crimes of robbery and theft.

Training Objectives:

a. To impart to the students the solutions on how to thwart persons

engaged in the selling and buying stolen item/object.

b. To impart to the students the rules and regulations in carrying out

this provisions.
 Anti- Fencing Act

SESSION:

Fencing- is the act of any person who, with intent to gain for himself or for another shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy, sell, or in any other manner
deal in any article, item, objector anything of value which he knows, or should be known to him, to
have been derived from the proceeds of the crime of robbery or theft.

Fence – Includes any person, firm, association, corporation or partnership or other organization
who/ which commits the act of fencing.

Presumption of Fencing – mere possession of any goods, article, item, object, or anything of
value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Clearance/ Permit to Sell/ Used Second Hand Articles – All stores, establishments or entities
dealing in the buy and sell of any good, article, item, object or anything of value shall before offering
the same for sale to the public, secure the necessary clearance or permit from the Station Commander
who has jurisdiction where such store, establishment, or entity is located.

Used Secondhand Article – any goods, article, item, object or anything of value obtained from
an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.

Unlicensed Dealer/Supplier – Any person, partnership, firm, corporation, association or any

other entity or establishment not licensed by the government to engage in the business of dealing in or
of supplying the articles.

Store, Establishment or Entity – Shall be the construed to include ant individual dealing in the
buying and selling of used secondhand articles.

Buy and Sell – The transaction whereby one purchases used secondhand articles for the
 Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Trafficking in Persons)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a

rank of at least P02 SPO3 assigned in the
investigation section as an investigator or projected to
be one.
Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Thirty (30) Minutes

1. Laptop Computer
2. LCD Projector
3. Camera
4. PA System
5. White board and marker
Participant’s Equipment Required:

1. Notebook
2. Ballpen/Sign Pen
3. Writing Pad
4. Manuals/Reading materials
5. Poopsheets

Training Reference Used:

1. Police Operational Procedure

2. Standard Training Package for CIC
3. Law Books

Projected Instructors/Resource Speaker:

1. PNP Regional Legal Officer

2. Practicing Criminal Lawyer
3. Prosecutors/RTC Judge
INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and
procedures that will enable our people to cope up and respond efficiently and effectively
to crimes everyone has become familiar with, the new wave of dramatic crisis situations
related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not
eliminate investigation lapses in their workplace. And to ensure success of our
investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and
procedures and align them with the relevant provisions of law and the principle of
policing the dynamics of court proceedings and the crafting of procedures which will aid
in the successful prosecution of cases in court and at the same time protecting the
police from unwanted legal entanglements.
Anti- Trafficking in Persons

Training Goal:

At the end of this training block, the students will be able to institute
policies to eliminate trafficking in persons especially women and children.

Training Objectives:

a. To impart to the students the mechanisms for the protection and

support of trafficked persons.

b. To impart to the students an established system to receive

complaints and calls to assist trafficked persons.

c. To impart to the students the proper handling of investigation as

well as the conduct of operations.
 Anti- Trafficking in Persons

SESSION:

Declaration of Policy – The State values the dignity of every human person and
guarantees the respect of individual rights. And shall give highest priority to the enactment of
measures and development of programs that will promote human dignity, protect the people
from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for voluntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and reintegration into
the mainstream of society.

Trafficking in Persons – The recruitment, transportation, transfer, or harboring, or

receipt of persons with or without the victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse, of power of position, taking advantage of the vulnerability of the person or
the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.

Child – A person below eighteen (18) years of age or more who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

Prostitution – An act of transaction, scheme, or design involving the use of a person by

another, for sexual intercourse or lascivious conduct in exchange for money, profit or any
 Forced Labor and Slavery – The extraction of work or service from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

Sex Tourism – A program organized by travel and tourism related establishment and
individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists.

Sexual Exploitation – Participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s
vulnerability.

Debt Bondage – The pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

Pornography – Any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real
or simulated explicit sexual activities or any representation of the sexual parts of a person
for primarily sexual purposes.
Acts of Trafficking in Persons:

a. To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage.

b. To introduce or match for money, profit, or material, economic or other consideration. Any
Filipino woman match to a foreign national for marriage for the purpose of acquiring, buying,
offering, selling, or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage.

c. To offer contract marriage, real or simulated for the purpose of acquiring, buying, offering,
selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor,
or slavery, involuntary servitude or debt bondage.

d. To undertake or organize tours and travel plans consisting of tourist packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation.

e. To maintain or hire a person to engage in prostitution or pornography.

f. To adopt or facilitate the adaptation of person for the purpose of prostitution, pornography
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

g. To recruit, hire, adopt, transport or abduct a person by means of threat or use of force, fraud,
deceit, violence , coercion or intimidation for the purpose of removal or sale of organs of said
person
h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Qualified Trafficking in Person – The following are considered as qualified trafficking:
•When the trafficked person is a child.

a.When the adaption is effected through Republic act No. 80343 ( Inter- Country
Adoption Act of 1995) and the said adaption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage.

b.When the crime is committed by a syndicate, or in large scale. Trafficking is deemed

committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale
if committed against three (3) or more persons, individually or as a group.

c.When the offender is an ascendant, parent, sibling, guardian or a person who

exercise authority over the trafficked person or when the offense is committed by a
public official or employee.

d.When the trafficked person is recruited to engage in prostitution with any member
any member of the military or law enforcement agencies.

e.When the offender is a member of the
When by reason or on occasion of the
party dies, becomes insane, suffers
Immunodeficiency Virus (HIV) or the
(AIDS).
military or law enforcement agencies and
act of trafficking in persons, the offended
mutilation or is afflicted with Human
Acquired Immune Deficiency Syndrome
 Used of Traffic Persons – Any person who buys or engages the services of
trafficked persons fro prostitution shall be penalized as follows:

a. First offense- six (6) months of community service as may be determined by the
court and a fine of Fifty Thousand pesos (50,000) and

b. Second and subsequent offenses – Imprisonment of one (1) year and a fine of
One Hundred thousand pesos (100,000).

Prescriptive Period – Trafficking cases under shall prescribe in ten (10) years,
provided the trafficking cases committed by the syndicate or in a large scale shall
prescribe in twenty (20) years. The prescriptive period shall commence to run from the
day on which the trafficked person is derived or released from the conditions of bondage
and shall be interrupted by the filing of the complaint or information and shall commence
to run again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused.

SUMMARY:

At the end of this training session, the students were able to learn the penalties and
provisions of the law that may be imputed to persons engage in this kind of nefarious
activities.

Human Security Act – To protect life, liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the national security of the country and
 Terrorism – Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:

a. Article 122 (Piracy in general and Munity in the High Seas or in Philippine waters)
b. Article 134 ( Rebellion and Insurrection)
c. Article 134-a (Coup d’Etat) including acts committed by private persons;
d. Article 248 (Murder)
e. Article 267 (kidnapping and Serious Detention)
f. Article 324 (Crimes involving Destruction or Arson)

Conspiracy to Commit Terrorism – Persons who conspire to commit the crime of

terrorism shall suffer the penalty of forty (40) years of imprisonment. There is conspiracy
when two (2) or more persons come to an agreement concerning the commission of the
crime of terrorism and decide to commit the same.
 
Accomplice – Any person who, not being a principal or a conspirator, or cooperates
to commit terrorism or conspiracy to commit terrorism by previous or simultaneous acts
shall suffer the penalty of from seventeen (17) years, four (4) months one day to twenty (20)
years of imprisonment.
 
Accessory – Any person who, Having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either
as principal or accomplice takes part subsequent to its commission in any of the following:
a) by profiting himself or assisting the offender to profit by the effects of the crime. b) by
concealing or destroying the body of the crime in order to prevent its discovery. c) by
harboring, concealing, or assisting in the escape of the principal or conspirator of the crime
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.