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Criminal Investigation is an art which deals with the identity and location of the
offender and provides evidence of guilt through criminal proceedings.
TOOLS OF INVESTIGATION
INFORMATION
It is the knowledge/data which an investigator acquired from records and persons.
Regular source is acquired from open sources, records, files, Cultivated source are information
furnished by informants/informers, Grapevine source are information given by the underworld
characters such as prisoners or criminals.
INTERVIEW
Is a conversation with a purpose, motivated by a desire to obtain certain information from
the person being interviewed as to what was either done, seen, felt, heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official interest
to the investigator.
BASIC ASSUMPTIONS
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
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym IRONIC which stands for
Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion.
Identity prior to the commencement of an interview, the investigator should identify
himself to the subject by name, rank and agency. Except when there is no need to know the
officers identity.
Rapport it is good to get the positive feeling of the subject towards the investigators,
such friendly atmosphere is a vital for both the subject and the investigator t have a better
interaction.
Opening Statement The investigator must have to indicate why the subject is being
contracted.
Narration The witness should be allowed to tell all he knows with little interruptions
from the investigator.
Inquiry after all information have been given by the subject, that is the time for the
investigator to as question to clarify him about the case under investigation.
Conclusions After the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.
What are the rules to be observed in questioning?
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
INTERROGATION
It is the process of obtaining information from persons. Interview is the questioning of
person who is believe to possess knowledge that is official interest to the investigator while
interrogation is a questioning of a person suspected if having committed an offense or a person
who is reluctant to make full disclosure of information in his possession which is pertinent to the
investigation.
INTERROGATION TECHNIQUES
Emotional Appeal
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 subjects personality and decide what motivation would prompt him to tell the
truth, then provide those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship
He is apparently in trouble. Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a
kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subjects indiscretion a grave offense.
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.
Jolting
May be applied to calm and nervous subjects. By constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the extent of confessing:
Effects of confession:
a. May be given in evidence against him in the investigation or trial of
the offense with which he is charged; and
b. Maybe given to prove the guilt of his companions but it will pass a lot
of organization and debate.
Types of Confession
Judicial Confession
Made by the suspect/accused in open court
Extra-Judicial Confession
This kind of confession is inadmissible unless corroborated by proof of corpus delicti. The
confession to be admissible, it must be voluntary, in writing and made with the assistance of a
counsel of his own choice with full understanding of the consequence of such confession. (get
separate for separate crimes).
Admission
An admission is a self-incriminatory statement by the subject falling short of an
acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt
maybe inferred. It implicates but does not incriminate. It is also an acknowledgement that a fact,
action or circumstances are true which strongly infer or directly admit guilt but lacks the detail of
the elements of the crime.
Circumstantial evidence- facts or circumstances from which, either alone or in connection with
other facts, the identity of the person can be inferred.
Surveillance- it is the secret observation of places, persons, and vehicles for the purpose of
obtaining information concerning the identities or activities of the subject.
a. Surveillance of Place (fixed/ stake-out)
b. Shadowing
c. Roping
How to conduct surveillance of place?
A careful survey of the surrounding area should be made. The character of the
neighborhood, residents and transient should be noted. The observation point should be selected
properly. When observation is conducted from a plant, surveillance agents must be extremely
careful not to reveal their true activity. Observation maybe made through a window or other
aperture so as to be unnoticed from the outside. Venetian blinds afford the best coverage, but
may appear to be out of place of some buildings. An alternative is to lower the roller of draw
shades another inch from the window. Binoculars are generally essentially equipment of the
plants, as they facilitate positive identification of person entering or leaving the place under and
observation. A still or video camera with telephoto lens can also be used effectively. Agents
should take careful notes of what they observe and should record detailed descriptions of all
individuals entering the target. A chronological log is usually the best of recording pertinent
occurrences.
a. Shadowing- the act of following a person, depends on the number of surveillants
available, volume of pedestrian traffic and importance of concealing the surveillance.
Methods of shadowing
b. One man- Extremely difficult and should be avoided, if unavoidable keep subject in
view at all times.
c. Two man- two agents are employed to follow the subject
d. ABC method- reduces the risk of losing the subject, affords greater security agents
detection
e. Progressive/ Leap from method poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each
day.
f. Combined foot- auto surveillance- employment of surveillant on foot and agents in an
automobile.
What are the things should be avoided during shadowing?
a. Dont meet the eye of the subject
b. Dont adopt a slinking, sleuthing, creeping manner
c. Dont wear story book disguises
d. Dont carry noticeable items
e. Dont greet fellow agents
f. Dont make notations ostensively
How to detect foot surveillance?
A subject who is suspicious of being under surveillance may resort to trickery in order to
verify his suspicion. When a subject resort to such trickery, it is good policy to change agents, for
the suspect may have spotted one or more of his surveillants.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.
How to elude foot surveillance?
Common method to elude foot surveillance and which surveillants must be prepared and
guard against; are the following
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his
action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing
Automobile surveillance
The methods of auto surveillance to be used depends upon the numbers and type of
surveillance vehicles available, the volume of vehicular traffic in the area, the importance of
concealing the surveillance from the subject, and the subjects estimated ability to detect and elude
surveillance. At all times each vehicle should be occupied by at least two agents; one to
concentrate on driving, and the other to observe, take notes, operate radio equipment, or to
dismount and continue the surveillance on foot.
Definitions:
a. Undercover- an investigative technique in which the Agents/Investigators official
identity is concealed to accomplish an investigative mission.
b. Natural cover- using the individuals true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged
documents.
What are the common types of places of assignment for undercover work?
a. Neighborhood c. Organizational
b. Social d. Work
Penetration:
a. undercover operation techniques are applied continuously and not merely over a
limited period of time.
b. Initial penetration is concealed
c. Access is created such that the agent is accepted into the target group or organization
d. Effort is continued by the agent until he acquires the desires placement or position,
thus gaining complete access to the objective of the investigative effort
e. Penetration is exceedingly difficult, time consuming and most delicate form of
investigative activity, but often the most rewarding.
Special Qualification of Undercover Agent:
a. Thorough knowledge of the area, the people and customs were agent will operate
b. Preferably single and unmarried
c. Thorough knowledge of the language or dialect spoken in the area of operation.
Operational Security Guidelines on Undercover Assignments.
a. The agents appearance must be inconspicuous
b. The SUBJECT should cultivate the AGENT, rather than the reverse
c. Analyze SUBJECT and appeal to his ego, vanity and interest
d. Obtain SUBJECTS confidence (Rapport)
e. Play along with the SUBJECTS plan
f. Dont be impatient, over-anxious or too eager
g. Dont displayed more interest in statements or actions of the SUBJECT and of
the SUBJECTS associates than is compatible with the cover story.
h. Dont betray knowledge of the SUBJECTS background which was gained
from the preliminary investigation. Or files
i. Dont get involved with SUBJECTS girlfriend.
j. Dont let any relations with SUBJECT incur enmity, envy or jealousy
of the SUBJECTS associates.
k. Dont become unnecessarily friendly with women
l. Dont overact the cover story. Dont reveal more cover story details than
necessary.
m. Dont carry weapons unless told to do so
n. Dont make unexplainable trips or phone calls
o. Dont maintain contact with personal friends or relatives
p. Dont display money more than the amount provided for by the cover story
q. Dont reveal the true identity unless is a part of preconceived plan
r. Dont drink intoxicating beverages if it can be avoided.
s. Dont assumes the big shot attitude. An outstanding characteristics
will bring the AGENT under scrutiny.
t. Beware of entrapment
REMEMBER: THE COMPROMISE OF YOUR TRUE IDENTITY COULD ENDANGER
YOUR LIFE OR COMPROMISE THE MISSION.
CRIME SCENE INVESTIGATION
It is the conduct of processes, more particularly, the recognition, handling, preservation
and documentation of physical evidence to include the identification and interview of witnesses
and the arrest of suspect/s at the crime scene.
What Constitute a Crime Scene?
A. The crime scene can be understood to include all areas in which the criminal, any possible
victim, and any eyewitness move during the time the crime was committed.
B. The boundaries must be established so that the entire crime scene can be effectively preserved.
C. In some crimes, however, the crime scene may actually comprise several different sites.
First Responder
. Must be able to properly preserve the crime scene in order to get maximum
scientific information that will help in the successful prosecution of the perpetrator
of he crime.
Basic Equipment
. Police line
. Marker
. Camera with film
. Evidence collection kit
. Video camera and tape recorder
. Measuring device e.g. ruler and measuring tape
. Flood lights, hand gloves, masks, eye goggles, hairnet
. Recording materials e.g. chalk, bond paper, pencil, clipboard, pentel pens
Approaching the Crime Scene
Elements of sketch
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
Specific kinds of sketch
a. Locality- give picture of the scene, the crime and its environs, including neighboring
buildings, roads, etc.
b. Ground- picture of the scene of the crime with its nearest physical surrounding
c. Details- the immediate scene only
d. Exploded/ cross projection- gives the clear impression of the scene in cases where
blood stains or bullet holes are found
Types of Measurements
1. Rectangular coordinates method
2. Triangulation method
3. Baseline method
4. Compass point method
5. Cross projection method
Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.
Documentation
These documentation are made by the crime scene investigator for purposes of future
crime scene reconstruction which help the prosecutor and the judge understand conditions at the
crime scene.
Narrative Report
Represent scene in a general to specific scheme, consider structured factors such as:
lights on/off, newspaper on driveway/in house, drapes pulled, open or shut. This written record
could serve as the only source of information for refreshing ones memory month or years after a
crime has been processed.
What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be
considered:
The capability of a Forensic DNA laboratory to provide maximum scientific information will
highly depend on the condition of the biological evidence submitted for analysis.
A. Blood Evidence
A. 1 Liquid Blood Samples
1. Blood extraction from a person should be done by a qualified medical practitioner
2. Five (5) ml of blood should be collected of each of the two (2) vacutainers with EDTA as an
anti- coagulant and kept in the refrigerator prior to submission to the DNA laboratory.
3. Blood clot could be transferred with a spatula to a test tube counting saliva or to a cotton
cloth and then air- dried or gauze.
4. Liquid blood should be collected with a sterilized syringe or pipette and transferred to a sterile
test tube with EDTA as preservative. Liquid Blood Sample could likewise be absorbed by a
cotton cloth and thoroughly air- dried.
5. Collected liquid Blood Samples from the Crime Scene must be refrigerated only and submitted
to the forensic DNA laboratory as soon as possible.
6. Blood mixed with water could be collected into a plastic container using a syringe and frozen
prior to submission to the DNA laboratory.
7. Label the specimen with the case number, time and date of collection, location as well as the
initials of the evidence collector.
A. 2 Blood Stains
1. Wet bloodstains on movable objects should first be air- dried before they are sent to the DNA
laboratory for analysis.
2. When thoroughly dried, each item should be placed in separate paper bags, properly labeled
and sealed.
3. Wet blood stains on immovable large object should be rubbed or wipe it with clean cotton
cloth or gauze and allowed to air dry before putting it inside a paper bag .
4. Small movable objects with dried blood stains should be separately collected, labeled,
packaged and sealed prior to its submission to the DNA laboratory.
5. Dried bloodstains on big movable objects like carpets, upholstery and the like can be collected
by cutting a bloodstained portion with a sharp instrument.
6. Each cutting should be labeled accordingly and individually packed and sealed.
7. Collect an unstained portion of the item to serve as control.
8. Dried blood spatters on immovable surface can be lifted from its surface using a fingerprint
tape. Each tape should be packaged and labeled properly.
9. Dried bloodstains on large immovable objects should be scrapped off and placed in a clean
paper packet.
10. The packet is then placed in a paper envelope, which is sealed and properly labeled prior to
the immediate submission to the laboratory.
11. Dried bloodstains are removed from painted surfaces of motor vehicles by scraping them off
using a sharp instrument. Collect control samples.
1. Collect liquid seminal fluid from victims using cotton swabs and refrigerate
2. Liquid semen sample can be collected using a clean disposable syringe or pipette and placed
into a sterile test tube. Keep it refrigerated and submit it at once to the laboratory for analysis.
3. It can likewise be absorbed by a clean cotton cloth or gauze and then allowed to air dry.
When thoroughly dried, it can already be packaged, sealed and properly labeled.
4. Under wears and other articles with wet seminal stains must be allowed to air dry thoroughly
prior to the collection of the item.
5. Dried seminal stains on big movable objects such as carpets, upholstery, and other can be
collected by cutting a seminal stained portion with a pair of scissors.
6. Place each cutting in separate paper packets. Seal the container and properly label prior to
submission to the DNA laboratory. Collect control samples.
DONTs
1. DNA test is very sensitive and vulnerable to contamination by other DNA services.
Avoid contamination with other human DNA.
2. Do not handle with bare hands.
3. Avoid long- term storage of tissues
4. No ice is required and dry ice should never be use to cool the tube of blood.
5. Do not mouth pipette any body fluid regardless of the source.
6. Avoid drying of wet stained garments under direct sunlight or exposing it to an electric fan.
7. Do not collect a wet garment or garment with a wet blood stains in a sealed air-tight
container.
Do not use plastic bag in the collection of blood specimen.
INTRODUCTION
Special Crime Investigation deals with the study of major crimes based on the application
of special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification
and preservation in coordination with the crime laboratory. Special Crime Investigation involves a
close relationship between the prober in the field and the crime laboratory technician. They work
together as a team, reacting to and extending one anothers theories and findings both working
patiently and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra- judicial confession.
Homicide Investigation
Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.
Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated
Basic Guide for the Investigator to look upon are to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party
ELEMENTS OF MURDER:
1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
TREACHERY plain and simple: Treachery means that the offender party was not given
opportunity to make a defense.
- To establish treachery, the evidence must show that the accused made some
preparation to kill the victim in such a manner to insure the execution of the
crime or make it impossible or hard for the person attacked to defend himself.
But killing done at the spur of the moment is not treacherous.
- Abuse of superior strength and nighttime are absorbed in treachery.
- In treachery, what is decisive is that the attacks was executed in such a manner
as to make it impossible for the victim to retaliate.
- The killing of the victim frontally does not negate treachery when the victim
was killed after already being in a helpless condition.
- It may also be appreciated even if the attack was frontal but no less unexpected
and sudden, giving the victim no opportunity to repel it or offer any defense of
his person.
2. In consideration of a price, reward or promise.
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles
or with the use of any other means involving great waste and ruin. (lost of fortune).
4. On occasion of any of the calamities of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated
act; a design form to do something before it is done.
The essence of premeditation is that the execution of the criminal act must be
preceded by COOL THOUGHT and REFLECTION upon the resolution to carry out the
criminal intent during the space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Penalty: Reclusion perpetua (20 yrs. & 1 day to 40 yrs.) to death.
Committed by any person who, not falling within the provisions of Art. 246 (Parricide)
shall kill another without the attendance of any of the circumstances enumerated in Art. 248
(Murder) shall be deemed guilty of homicide.
Penalty: Reclusion temporal (12 yrs. & 1 day to 20 yrs.)
Committed by any person who shall kill any child less than three days of age (less than 72
hours).
Penalty: The penalty provided in parricide and murder shall be imposed
If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 yrs & 1 day to 12 yrs). If committed by
maternal grandparents or either of them, the penalty shall be reclusion temporal (12 yrs & 1 day to
20 yrs).
Establishing Death. The first essential step of the homicide investigation is to establish that the
victim is, indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/ medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victims body demonstrates death in a
totally obvious manner.
Identifying the Cadaver. Establishing the identity of the victim is important, it will provide
tracing clues to the motive and identity of the perpetrator, with the identity known, the
investigator can focus attention on the victims background and establish a possible motive
through such information. Victims encountered in indoor scenes will normally have identifying
data on the body, or such data will be available throughout the crime scene. In outdoor scenes,
such evidence is normally not as readily available, since the victim is removed from the personal
environment and also outdoor scene may not be discovered for long period of time; thus evidence
may be destroyed by elements of nature or will be lost. If there are no identifying papers on the
victims person, fingerprint should be used as means of identification. If fingerprint identification
is unsuccessful, the investigator must rely on other methods to establish identity. Dental
structures are highly resistant to destruction, and are frequently useful when the other portions of
the body are totally decomposed. (Forensic Odontology). The skeletal remains of the victim may
also help to determine identity, as well as yield other types of information. If bone fractures are
noted, they may be used to identify the deceased, but if only corresponding medical records can
be located. The widths of the pelvic bones are excellent indicators of the victims sex;
Determination of the victims age maybe more difficult, in that the victims past the age of eighteen
years have generally achieved their maximum skeletal growth. However, general age
determination can be established via dental structure.
Livor Mortis (Discoloration of the body; setting of blood in the dependent regions following
death)
It is a reddish purple to purple coloration in dependent areas of the body due to
accumulation of blood in the small vessels of the dependent areas secondary to gravity. This
pooling of blood begins immediately after death and becomes fixed in approximately 8-12 hours.
The investigator can press on the skin in the dependent regions and if the skin blanches, death has
probably occurred less than 12 hours. This becomes fixed after while and can tell if the body has
been moved. This is not a reliable indicator of time of death. This is a better indicator of whether
the body has been moved since death.
TYPES OF LIVIDITY
Hypostatic. Blood is still in fluid form inside blood vessel; Change as position of the body
change. Blood remains fluid in the blood vessel for 6- 8 hours.
Diffusion. Coagulated inside blood vessel; Change in position will change its location.
Gunshot wounds
All gunshot wounds result from the entry of a projectile into the body, and the frequent
presence of undispersed explosive gases. The relative size and appearance of the wound will be
affected by the distance from which the weapon was discharged. Generally, the closer the
discharged to the skin, the greater the damage. This damage is due to explosive gases which
proceed the projectile at close range. In some investigations involving firearms, a determination
of whether the death was a homicidal, suicide or accidental is difficult. In making such
determination, the distance of the discharge is of great importance. Majority of suicidal and
accidental gunshot cases, arms length discharges are involved. Accordingly, if the would
indicates discharge beyond the victims length, homicide is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located in
an area of the body that is relatively inaccessible to the victim, homicide is indicated. It is also
unusual for a suicide wound to be inflicted in an area other than the head of chest; However, there
have been a number of suicide cases involving wounds in extremities. The presence or absence of
a suicide note is a poor indicator of suicide or homicide.
Robbery Investigation
Any person who, with intent to gain, shall take any personal property belonging to
another by means of violence or intimidation of any person, or by using force upon anything shall
be guilty of robbery.
Elements of Robbery
1. Unlawful taking of personal personal property
2. The property must belong to another
3. The taking is done with violence against, intimidation of any person or force
upon things
4. The taking is with intent to gain
Notes: Robbery- This is the taking or personal property belonging to another, with intent to gain,
by means of violence against, or intimidation of any person, or using force upon anything.
a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles
d. The full and detailed description of the stolen articles
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement agencies
i. Exploit investigative leads
j. Written testimony of the complainant witness
k. Accumulate clues and traces at the scene of a crime which will serve to identify the
offender
l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (usually the addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property
from its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing
robbery.
o. Accumulate information on various types of robber, the known and newcomers,
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi
q. In cases homicide is committed, follow the pattern of homicide investigation.
Physical Evidence to be collected:
1. Footprints
2. Fingerprints
a. Areas of break
b. Closets- prints may be found in door and jamps
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothings- sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the trouser
cuffs and pockets of suspect. Samples of broken glass should be collected for possible
future comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool.
Paint samples should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape
Piracy- any attack upon or seizure of any vessel, or taking away of the whole or
part thereof or its cargo, equipment or the personal belonging of its complements or
passengers, irrespective of value thereof, by means of violence against or intimidation of
persons or force upon things, committed by any persons, including a passengers or
member of the compliments of said vessels in Philippine waters.
Highway Robbery/ Brigandage- 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 of other unlawful means
committed by any person or any Philippine highway.
Elements:
1. That the offender is a private individual
2. That the kidnaps or detains another, or in any other manner deprives the latter of his
liberty.
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.
Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.
The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person kidnapped or
detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.
The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the offense.
Phase II After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all out
investigation are conducted in accordance with the second objective, to identify and apprehend
the suspects. Investigative procedures includes:
3. Thorough interview of the victim. All details should be obtained.
4. Re interview all witnesses
5. Conduct surveillance
6. Determine whether the kidnapper is familiar with the victims, residential area, habits
and financial status.
7. If the victim is dead follow the pattern of homicide investigation
DEFINITIONS:
Motor Vehicle Accident is any event that results in unintended injury or property damage
attributable directly or indirectly to the action of a motor vehicle or its load.
Motor Vehicle is every device which is self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated upon
rails.
Trafficway - is the entire width between boundary lines of every way or place of which any
part is open to the use of the public for purposes of vehicular traffic as a matter
of right or custom.
Key Event - an event on the road which characterizes the manner of occurrence of a motor
vehicle traffic accident.
Debris - is the accumulation of broken parts of vehicles rubbish, dust and other
materials left at the scene of the accident by a collision.
Skid Marks are marks left on the roadway by tires which are not free to rotate, usually
because brakes are applied strongly and the wheels locked.
Scuff marks are signs on the road by tires that are sliding or scrubbing while the wheel is still
turning.
1. Motor Vehicle traffic accident is any motor vehicle accident occurring on a trafficway.
e.g. ordinary collision between automobiles on a highway.
2. Motor Vehicle non-traffic accident is any motor vehicle accident which occurs entirely in
any place other than a trafficway.
e.g. accident on a private driveway.
3. Non-Motor vehicle traffic accident is any accident occurring on a traffic way involving
persons using the trafficway or travel or transportation, but not involving a motor vehicle
in motion.
e.g. pedestrian and cyclist in a trafficway.
Running on road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Non-collision on road: Overturning . . . . . . . . . . . . . . . . . . . 2
Other non-collision . . . . . . . . . . . .. 3
Pedestrian . . . . . . . . . . . .. . . . . . . . 4
Other motor vehicle in traffic . . . . 5
Parked motor vehicle . . . . . . . . . . 6
Railroad train . . . . . . .. . . . . . .. . . 7
Traffic arrest is an enforcement action which consists of taking a person into custody for the
purpose of holding or detaining him to answer a charge of law violation before a court.
Arrest is made when the:
1. offense committed is serious
2. detention is necessary to avoid continued violation n
3. there is reasonable doubt that the violator will appear in court
Traffic citation a means of having violators appear in court without physical arrest. Kinds of
which are Traffic Citation Ticket and Temporary Operators Permit (TCT/TOP).
Traffic warning an enforcement action which does not contemplate possible assessment of
penalty by the court or otherwise as a result of warning alone. It is of three types:
visual, verbal, and written.
Traffic control the control of vehicles or pedestrians at a certain point or area by mechanical
means, fixed objects, or manpower.
Following are the technical terms which are commonly used by the investigator in traffic
accident investigation. In this type of examination you have to match the word or group of words
under Column A with the statement under Column B. Write the number of your choice on the
space provided for the answer.
Column A Column B
1. Traffic accident 1. 8 Any object, sign or motor vehicle, shrub, tree, hill
building in or between the field of vision of a driver
so as to alter vision.
2. Direct Cause 2. 14 When normal vision has been lowered as a result of
rain, fogs, haze, darkness or condition of windshield,
side or rear windows.
3. Cuve weight
3. 11 Greatest collapse or overlap in a collision. The force
4. Evassive action between the traffic unit and the object collided with
are greatest
ILLUSTRATION
1. Traffic law enforcement is
a. Police function c. Civilian auxiliary function
b. Court function d. Police-court function
1. The police court enforcement process involves five essential steps. Which of the following is
not included?
a. Detection and Apprehension
b. Prosecution and Adjudication
c. Surveillance and Raid
d. Penalization
2. Which of the following does not belong among the goals of traffic enforcement?
a. To increase safety level
b. To improve lifestyle of drivers
c. To increase efficiency
d. To insure harmonious and comfortable environment
3. Which of the following consideration does not act as a deterrent to motorists and pedestrian?
a. Fear of fine and punishment
b. Loss of driving privilege
c. Possibility of being involved in accident
d. Increase insurance premium
I. DEFINITIONS:
Direction: Give the concise definitions of the following terms:
1. Corpus Delicti
Answer: Body or fact of the wrong
1. Traffic
Answer: refers to movement of people, good, vehicles, or herded or ridden animals
Longer: refers to the movement of persons, goods, or vehicles, either powered by
combustion system or animal drawn, from one place to another for the purpose of
travel.
2. Accident
Answer: refers to chain of events produced unintended injury death or property damage.
Longer: is an occurrence in a sequence of events which produces unintended injury, death
or property damage.
3. Traffic Law Enforcement Action
Answer: refers to action undertaken by the traffic police such as traffic arrest, citation and
giving warning.
Longer: The part of the police traffic law enforcement involving arrest, citation or warning
of any person believed to have violated a law ordinance or regulation pertaining
on the use of traffic ways when the person has knowledge of those and when it is
to:
a) prevent such violations from endangering persons or property or
inconveniencing other users of the traffic way:
b) prevent continued violations; and
c) discourage future repetitions
4. Traffic Arrest
Answer: Taking into custody of a traffic violator
Longer: It is an enforcement action which consists of taking a person into custody for the
purpose of holding or detaining him to answer a charge of law violation before
a court.
a) offense committed is serious;
b) detention is necessary to avoid continued violation; and
c) there is reasonable doubt that the violator will appear in court.
5. Traffic Citation
Answer: A ticket issued as a summon for a traffic violation
Longer: It is means of having a violator appear in court without physical arrest. The
issuance of citation is the most common enforcement action by the police. This is
an efficient system since majority of violators with minor offenses are punished
promptly by paying fines at an administrative body without court appearances.
6. Traffic Patrol
Answer: A traffic cop roving within his area of assignment.
Longer: consists of driving or walking here and there in an area or to and for on a road for
the purpose of traffic law enforcement and to provide traffic connected services to
the public.
7. Pursuit Traffic Enforcement
Answer: Chasing traffic violator
Longer: It is a part of routine enforcement activity performed by the police and is used
when the driver is detected in violations. Pursuit is a part of apprehension of a
violator.
8. Traffic Supervision
Answer: maintaining orderliness on the streets
Longer: Keeping order on streets and highways within existing relation to make their use
safe and expeditions.
9. Traffic Direction
Answer: Telling or guiding motorist and pedestrians on a road or highway.
Longer: Telling drivers and pedestrians when, how and where they may or may not move
or stand at a particular place, especially during emergencies or period of
congestion.
10. Traffic Control
Answer: Control of vehicle and pedestrians on the street.
Longer: control of vehicles and pedestrians at a certain point or certain area by
mechanical means, fixed objects or manpower; or is the control of the movement
of people and goods on existing road network by means of such devices as
signals, signs and markings in a short term and a low capital cost in order to
achieve safety, mobility, good environment and energy conservation.
11. Hit and Run
Answer: a driver fleeing away from an accident he met.
Longer: Evading responsibility is a term commonly applied to a traffic accident in which
a driver fails to comply with any of the duties required as stopping, giving aid,
and revealing his identity.
12. Reckless Driving
Answer: Driving with a wanton disregard for the safety of persons or property
Longer: It is primarily dangerous driver conduct and attitude which indicates a lack of
concern for injurious consequences likely to result.
13. Right of Way
Answer: means the right to proceed ahead of another vehicle or pedestrian.
14. Traffic Signs
Answer: are traffic devices installed along busy roads/highways.
Longer: are devices mounted or portable support where messages are conveyed by means
of words or symbols, officially erected or installed for the purpose of regulating,
warning or guiding traffic.
15. Pavement Markings
Answer: are painted lines found on busy road pavement
Longer: all lines, patterns, words, colors or other gadgets except signs, set into the surface
or applied upon or attached except the pavement or curbing, or to objects within or
adjacent to roadway officially placed for the purpose of regulating, warning or
guiding traffic.
16. Traffic Light Signals
Answer: are the electrical lights signals installed at the center of the street or intersection.
Longer: a power operated traffic control device by which traffic is warned or directed to
take some specific action.
17. Traffic Islands
Answer: are the elevated areas located at the center of the roadway.
Longer: are areas within the roadway constructed in a manner to establish physical
channels thru which vehicular traffic is guided.
18. Safety Campaign
Answer: are programs enunciated or road propaganda intended to inform the public
Longer: are mass publicity campaign aimed to make road users behave more safely.
These basically focus on public information, attitudes, and particular or specific
behaviors, or combinations of these.
19. Biorythm
Answer: mans theorized cycles and safely interpretations.
Longer: is the theory which asserts that man exhibit a constant variation of life energy and
mood state.
20. Traffic Accident Investigation
Answer: an activity performed by the police to gather information relative to an accident.
Longer: the act of determining what happened and who and what was involved in a traffic
accident, usually at the scene of the accident.
GLOSSARY
NOTES ON TRAFFIC
1. Attribute any inherent characteristic of a road, a vehicle, or a person that affects the
probability of a traffic accident.
2. Cause the combination of simultaneous and accentual factors without any one of which
result could not have occurred.
3. Coefficient of friction a number representing the resistance to sliding of two surfaces in
contact; the drag factor of a vehicle or other object sliding on a roadway or other surface
required to keep an object sliding on that surface in motion, divided by the force, of the
object against that surface; measured in pounds per pounds; often designated by the
Greek letter Mu.
4. Contact damage damage to a vehicle resulting from direct pressure of some foreign
object in a collision or roll over. It is usually indicated by striations, rub-off of material or
puncture. Compare with induced damage.
5. Drag factor a number representing the acceleration or decceleration of a vehicle or other
body as decimal fraction of the acceleration of gravity; f-a/g; the horizontal force needed
to produce acceleration in the same direction divided by the weight of the body to which
the force is applied. When a vehicle slides with all wheels locked, the coefficient of
friction and the drag factor have the same value.
6. Factor any circumstance contributing to a result without which the result could not have
occurred; an element which is necessary to produce the result, but not, by itself, sufficient;
operational factor, conditional factor.
7. Final position the location of a vehicle or body when it comes to rest after a collisions;
final position may be controlled or uncontrolled.
8. First contact the initial touching of the object in a collision; the time and place on a traffic
unit or traffic way where this touching occurs.
9. Flip the movement of a vehicle, without touching the ground from a place where its
forward velocity is suddenly stopped by an object such as a curb or furrow-in below its
center of mass with the result that the ensuing rotation lifts vehicle off the ground. A flip is
usually sidewise but if it is endwise, it is spoken of as a vault. Compare with fall.
10. Gas skid a breaking skid mark which is interrupted by release and reapplication of brakes
or which terminates by release of brakes before collision. Compare with skip skid.
11. Highway the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of public for purposes of vehicular travel, a street, a
publicly maintained traffic way.
12. Impact the striking of one body against another; a collision of a vehicle with another
vehicle, a pedestrian or some other objects.
13. Induced damage damage to a vehicle other than contact damage. Often indicated by
crumpling, distortion, bendings, and breaking. Induced damage includes done by another
part of the same vehicle. Compare with the contact damage.
14. Maximum engagement greatest penetration of one body, such as a vehicle, by another
during collision; instant of greatest force between objects in collision; time and place of this
occurrence; position of the bodies with respect to each other at this instant.
15. Middle ordinate the perpendicular distance between an arc and its chord at the middle of
the chord.
16. Modifier - a circumstance that alters an attribute permanently or temporarily.
17. Momentum mass or weight times velocity or speed; momentum is a vector quantity.
18. Motor vehicle accident an accident involving a motor vehicle in transport, but not
involving aircraft or watercraft.
19. Motor-vehicle traffic accident any motor vehicle accident that occurs on a traffic way or
that occurs after the motor vehicle runs off roadway but before events are stabilized.
20. Operational factor functional failure of the highway transportation system that contribute
to the cause of traffic accident. The failures may be malfunctions of perceptions, decision, or
performance in trip planning driving strategy, or evasive tactics.
21. Pedestrian many person a foot, many person not in or upon a motor vehicle or other road
vehicle.
22. Perception delay the time from the point of possible perception to actual perception.
23. Point of no escape the place and time after or beyond which the accident cannot be
prevented by a particular traffic unit.
24. Point of possible perception the place and time of which the hazard could have been
perceived by a normal person. It precedes actual perception and is the beginning of
perception delay.
25. Primary cause a misnomer loosely applied to the most obvious or easily explained factor in
the cause of an accident or the most easily modified condition factor.
26. Professional reconstruction the effort to determine from whatever information is available,
how the accident happened. Reconstruction used to be referred to as determining
behavioral or mediate causes of an accident. Reconstruction is the fourth
level of traffic accident investigation. It involves studying results of the accident
considering other circumstances, and applying scientific principles to form opinions relative
to events of the accident which are otherwise unknown or are a matter of dispute.
27. Reaction distance the distance moved or traveled by a vehicle or other traffic unit during
reaction time.
28. Reaction time the time from perception to reaction.
29. Reference line a line often the edge of a roadway, from which measurements are made to
locate spots, especially spots along a roadway.
30. Reference point a point from which measurements are made to locate spots in an area;
sometimes the intercept of two reference lines; RP. A reference is described in terms of its
relation to permanent landmarks.
31. Reporting basic data collection to identify and classify a motor vehicle and the persons,.
Property and planned movements involved. Only strictly factual information is wanted, no
opinions. Reporting is the first level of traffic accident investigation.
32. Road the part of a traffic way which includes both the roadway, which is the traveled part,
and any shoulder along side the roadway. Where there are unmountable curbs, the road is
considered to extend to the guardrail.
33. Roadway that portion of a highway improved, designed or ordinarily used for vehicular
travel, exclusive of the term or shoulder. In roadway as used herein shall refer to any such
roadways collectively. If there is a curb the roadway is considered to extend the curb; here
roadway may include lanes commonly used for parking. If there is a paved shoulder, the
roadway may be distinguished from the should mainly by a painted line marking the edge of
the roadway.
34. Scuffmarks a friction mark on a pavement made by a tire which is both rotating and
slipping; acceleration scuff yawmarks, flat time marks.
35. Sequential factors factors which must follow one another to contribute to the cause of an
accident; generally operational factors.
36. Simultaneous factors factors which must be present at the same time to contribute to the
cause of an accident; generally, condition factors.
37. Skidmark a friction mark on a pavement made by a tire that is sliding without rotation.
Sliding of wheels may be due to braking to collision damage, or rarely, to other
circumstances.
38. Skip skid a braking skidmark interrupted at frequent regular intervals; the skidmark made
by a bouncing wheel on which brakes keep the wheel from turning. Compare with gap skid.
39. Strategy adjusting speed, position on the road, and direction of motion giving signals of
intent to turn or slow, or any other action in situations involving potential hazards; any
maneuvers while on trip which make evasive tactics easier or increase the chance of success
in avoiding an actual hazards.
40. Tactics any action taken by the traffic unit to avoid a hazardous situations; steering
braking, accelerating, etc. to avoid a collision or other accident. Often called evasive action.
41. Technical preparation delayed traffic accident data collection and organization for study
and interetation. The data collected are essentially factual. Technical preparation concludes
making additional measurements and photographs, preparing maps and diagrams, simple
speed estimates, matching damage areas, and making experiments to obtain specific data. It
is third level of traffic accident investigation.
42. Traffic pedestrian, ridden, or herded animals, vehicles, street car, and other conveyance
either singly or together while using any highway for purpose of travel.
43. Traffic accident an accident involving travel transportation on a trafficway.
44. Traffic unit an element of traffic; a person using a traffic way for travel or transportation;
vehicle, pedal cyclist, pedestrian, etc.
45. Trafficway the entire width between property lines or other boundary lines, of every way or
place of which any part is open to the public for purposes of vehicular travel as matter of
right or custom. All highways are traffic ways but traffic ways include also some areas
on private property such as shopping center.
46. triangulation a method of locating a spot in an area by measurements from two or more
reference points, the location of which are identified for future reference. Compare with
coordinates.
47. Vehicle every device in, upon or by which any person or property is or may be transported
or drawn upon a highway, excepting devices moved by human power or used exclusively
upon stationary rails or trucks.
48. Velocity time rate of change of position in which direction as well as rapidity is an
element; distance divided by time if velocity is constant; a vector quantity measured in feet
per second (ft per sec) or meters per second ( m per sec); v-d/t.
49. wheel base the distance from the center of the front wheels to the center of the rear wheels
or, if there is a tandem axle, the distance to the midpoint between the two tandem axles.
50. Yawmark a scuff mark made while a vehicle is yawning the mark made on the road by a
rotating tire which is slipping in a direction parallel to the axle of the wheel.
MULTIPLE CHOICE :
For each of the following items or statements, four answers are suggested. Each answer
is assigned letters a,b,c, and d. From the four suggestions, select the one best answer by
encircling the letter preceding it.
1. Q. Any incident involving a motor vehicle in motion that results in injury, death or damage
to property -
A. a. hit and run c. traffic accident
b. reckless driving d. traffic jam
2. Q. A systematic examination of all the facts relating to conditions, actions and physical
features associated with motor collision or accident
A. a. traffic engineering c. traffic accident investigation
b. reckless driving d. hit and run
3. Q. Term used for an operator of a vehicle which strikes another vehicle, object or person
and left the scene without stopping to identify himself or render aid
A. a. hit and run c. third party liability
b. reckless driving d. sidesweeper
4. Q. The privileges of the immediate use of the roadway in preference to another vehicle or
pedestrian
A. a. liniency c. right of way
b. Immunity d. right hand drive
5. Q. Which of the following does not belong to the key event which characterizes the
manner of occurrence of a motor vehicle accident
A. a. hazardous condition of the road c. non-collission on the road
b. running off the road d. collission on the road
6. Q. Driving without due regard for the consequences likely to occur, ignoring the rights and
safety of others
A. a. reckless driving c. overspeeding
b. hit and run d. sidesweeping
7. Q. A combination of simultaneous and sequential circumstances without any one of which
accident could not have happened
A. a. key event c. results
b. cause d. chain reaction
8. Q. The traffic accident investigator is chiefly concerned with accidents which involves one
or both of the elements namely
A. a. Motor vehicles and traffic way c. victim and traffic way
b. motor vehicle and victims d. victim and traffic unit
9. Q. What is particularly useful in trying to discover what the driver or pedestrian did or
should have done, but did not do to avoid the accident or make it less serious
A. a. perceptive point c. point of possible perception
b. point of impact d. point of maximum engagement
10. A. a. getting the facts c. figuring what happened
b. recording the facts d. follow-up
10. Q. Traffic management is composed of the so-called three (3) Es, namely traffic
ENFORCEMENT, ENGINEERING, AND
A. a. elaboration c. education
b. extention d. efficiency
INTRUCTION:
The six (6) basic major activities in ordinary traffic accident investigation are listed below.
With the exception of the first step, write on the black space preceding each item if it should
constitute the 2nd, 3rd, 4th, 5th, and last step in the investigative function priority
INSTRUCTION:
Causes of traffic accidents are classified as DIRECT, MEDIATE? OR EARLY. Listed
below are the three definitions of these classifications. Write on the blank space preceding each
definitions the words DIRECT, MEDIATE OR EARLY if you believe it is the cause that best fit
it.
Instruction:
There are three major types of tire marks that helps greatly in the investigation of traffic
accidents, namely the IMPRINTING, SCUFF MARK AND SKID MARK . Listed are the
description of each of these tire marks. Write the word IMPRINT, SCUFF OR SKID on the
blank space preceding each description that you believe best fit.
Enumerationss:
Answer as briefly as you can the following enumeration questions necessitating the
number of answers as indicated.
1. The three responsibilities to be completed with by a driver involved in a traffic accident
in order to avoid being tagged as a Hit and Run.
a. Stopping (He must stop)
b. Giving Aid (He must give aid)
c. Revealing his identity (He must identify himself)
Direction:
Read the following statements carefully and thoroughly. If the statement is TRUE,
encircle the letter T, if it is DOUBTFUL, or possibly only half true, without any word or phrase
that would make it false, encircle D. If it is FALSE, encircle F.
A. DEFINITION OF TERMS
1. Alcoholism is the state or condition of a person produced by drinking
intoxicating liquors excessively and with habitual frequency. (State vs. Savage, 89 Ala. 17 LBA
426, 7 South, Rep. 183). It is a condition wherein a person is under the influence or intoxicated
with alcohol. His physical condition and behavior has been modified to a certain extent by the
effects of alcohol.
2. Alcoholic Liquor is any beverages or compound, whether distilled, fermented, or
otherwise, which will produce intoxication or which contains in excess of one percentum of
alcohol and is used as a beverage. (State vs. Oliver, 133 S.C. 125, 130 S.S. Rep. 213).
3. Drunkard is a person who habitually takes or use any intoxicating alcoholic liquor
and while under the influence of such, or in consequence of the effect thereof, is either dangerous
to himself or to others, or is a cause of harm or serious annoyance to his family or his affair, or of
ordinary proper conduct. He has lesser resistance to the effect of alcohol.
4. Chronic Alcoholics person who, from the prolonged and excessive use alcoholic
beverages, finally develops physical and psycho-changes and dependence to alcohol. The person
consciously or unconsciously begins to demand on alcohols narcotic effects for a pick-up, to
sleep at night, to feel good, to cope with business or domestic problems, to enjoy social
gatherings, to get away from oneself, to repress inner urges or rebellion or resentment, and to
relieve distressing restlessness.
NOTE: This person develops physical and moral deterioration, difficulties with the law, loss of
his job and family problems.
D. DRUNKENNESS AS A CRIME
Most nations in the world have laws making drunkenness a criminal offense. In the
Philippines, drunkenness in itself is not a crime because a person may drink to excess in
the privacy of his home or in the gaiety of a party and commit no crime at all. It is only
when the drunken person exhibits his condition publicly, or disturbs, endangers, or injured
others that he becomes an offender and therefore, subject to arrest and punishment .
Drunkenness, however, are considered misdemeanor punishable by existing ordinances of
certain cities, towns and municipalities. In the City of Manila, the use of alcohol and other
alcoholic beverages are regulated by ordinances as to TIME, PLACE, AND PERSON.
The Revised Penal Code does not expressly provide the degree of intoxication needed to
mitigate an offense but obviously, it is that amount of alcohol sufficient to produce such an effect
that must diminish the persons capacity to know the injustice of his acts and his will to act
accordingly. NOTE: The intoxication must operate to weaken the will of the person and to
enable him to commit crime more easily.
1. Juvenile delinquency and teenage crime are mostly traceable to the indiscriminate
sale of liquor to minors by stores, saloon, bars and other drinking places.
2. Drunkenness has always been connected with many forms of criminal behavior, usually
characterized by violence or negligence.
3. Drunken drivers have been shown by police records to be the major causes of traffic
and pedestrian accidents in the country resulting to loss of so many lives.
4. Alcoholism is always connected with other forms of vices, the alcoholics being hooked
to drug addiction by way of association with others.
5. Drunkenness works injurious to the health and morality of the people forcing the
alcoholics to depravity and to commit crimes, such as the chronic alcoholics.
G. KINDS OF INTOXICATION
1. Involuntary when a drunken person does not know the intoxicating strength of
beverage he has taken.
2. Intentional when a person deliberately drinks liquor fully knowing its effects, either to
obtain mitigation or to find the liquor as stimulant to commit crime.
3. Habitual when the person finds that drinking his a constant necessary and the vice
ultimately takes hold of him.
1. That the odor on his breath is due to anti-freeze which spilled on him when he was
filling the radiator of the car.
2. That he used a mouthwash and perhaps that contained alcohol, thus causing the odor
on his breath;
3. That he is a diabetic and his swaying is due to acidosis or to insulin
4. That he had a blow on the head recently and that is why he is staggering
5. That he did not sleep last night and that is why he is groggy.
6. These findings are the effects of the medicine the doctor is giving him
7. That he has been unable to walk straight ever since he hurt his legs or back.
8. That dust blew into his eye which accounts for the redness.
Any chemical and scientific test for alcohol to determine whether a person is under the
influence of alcohol is admissible as evidence in court. Withdrawal of blood from a person and
extraction of urine sample from a person suspiciously drunk to determine the alcohol
concentration in the blood and/or urine is not self-incriminatory. The act is purely mechanical and
it does not utilize the mental faculties of the person or subject. This is important in crime
detection because the person cannot refuse the investigation in submitting himself to a chemical or
scientific examination.
The organization utilizes the intimacy of the primary group as therapeutic tool to effect a
fundamental change in the personality of the alcoholic. Its service is supportive rather than
aggressive, and the individual must learn to assume responsibility for his own cure. It is claimed
that 75% of those who participated in the AAA programs have been rehabilitated.
NOTE: No one type of therapy can be effective in alcoholism because each case differs from
others in terms of environmental factors and the reaction of the personality. Incarceration is futile
in the rehabilitation of chronic alcoholics. It is necessary that a psychological and medical
approach be made to the problem for its effective cure.
II - PROSTITUTION
I. Definition of Terms:
1. Prostitution - It is an act or practice of a woman who engage or habitually
in sexual intercourse for money or profit.
2. Prostitute - A woman who engage in discriminate sexual intercourse
or acts with males for hire.
3. Pimp - One who provides gratification for the lust of others.
4. Operator or Maintainer one who owns or manages houses of ill-refute where the
business of prostitution is conducted. Sometimes they are called
madame or mama san.
5. White Slavery - The procurement and transportation of women
cross stateliness for immoral purposes.
6. Organized Crime - Includes gambling, prostitution, dope (narcotics) and other
illegal or dubious businesses.
7. Whores/Knocker - It is a name often used for all types of prostitute.
II. INTRODUCTION:
Prostitution and gambling are two vices that have plagued or caused so much suffering
to mankind. There is no country in the world that is free of these vices. Many efforts and
many methods have been devised at various times by man in attempting to control these
two evils. However, up to present there has been no effective method of control. The
police of any country have a responsibility to all of the citizens to make concentrated
effort to eliminate these vices. The reason for this is quite simple. The two vices,
prostitution and gambling, have a demoralizing and deteriorating effect upon any and all
societies. Possibly the single item that makes it most difficult to control these vice is the
wide diversity of public opinion as to degree of control that is desired. Many people will
verbally condemn the two vices, and yet practice or participate in them.
Prostitution is often called the oldest profession in the world and records of
prostitution exist since the beginning of recorded history. Prostitution today, although
controlled and against the law in most countries, is still legal in some other countries. In
some countries the laws are designed to combat the so called commercialized type of
prostitution.
Statistics gathered by health organization throughout the world proved beyond any
doubt that venereal disease increases with an increase in the amount of prostitution.
Crime syndicate wields enough money and power to manipulate businesses and officials of
major cities. If not controlled and prevented it will bared corruption and chaos.
For the existence of most of this organized crime, the individual citizen and no one
else is to blame. A certain segment of people must be involved in partaking of the
services offered by organized crime. Otherwise, if citizens refused these services,
organized crime would go out of business.
A. CALL GIRLS - These are the part-time prostitutes. They have their own legitimate
work or profession but works as a prostitutes to supplement their income. Sometimes
they are tellers, sales-ladies of department stores, waitresses, beauticians, or engage in
similar jobs that they use to make contacts with customers. They receive telephone
calls from a selected group of customers and make arrangements to meet them at a
designated place. She may work alone or in partnership with an intermediary with
whom she shares her earnings.
B. HUSTLER - is the professional type of prostitutes. She maybe a bar or tavern
pick-up or a street walker. The bar or tavern pick-up frequents places where
liquor is sold, sometimes operating with the consent and knowledge of the
management. The streetwalker is the oldest and the most common type of prostitute.
She may worked with taxi-drivers and commits prostitution in a taxi-cab. Her
common customers are the tourists, gamblers, criminals, Addicts and others. Their
operation is oftentimes associated with swindling their customers.
B. DOOR KNOCKER - this is the occasional or selective type of prostitute. She is
usually a newcomer in the business. Oftentimes, they are motivated by extreme
desire for money due to poverty or supporting their other vices. She makes contact
thru information coming from the professional and hustler who are friends who gives
her addresses of prospective customers. She frequents hotels and furnished fun
houses. She caters the affluent male members of the business world.
C. FACTORY GIRLS - are the real professional type of prostitutes. She works in
regular houses of prostitution or brothels. She accepts all comers and has nothing to
do with the selecting and soliciting the customers. She works in regular hours or tour
of duty under the direct supervision of the madam or operator of the prostitution
house. She gets her share of the earnings by commission or per customers.
C. CALL HOUSES - this is where the customers call and the madam makes the
arrangement and sends the girls by a transporter who is a man or woman to the
place arrangement. The house appears to be a legitimate business house such as service
agencies, travel offices, coffee shops, beauty parlors and the like duly licensed and
registered as such with the government office. However, the telephone number is limited
only to qualified customers as recommended by their pimps who conducts the background
investigation on the ability of the prospective customers to pay.
C. MASSAGE CLINICS - these houses are operated under a licensed or permit issued
by the government but acts as a front for prostitution where the act maybe done or as
per arrangement.They operate with barbershops with manicurists orattendants
and massagists who while servicing their customers may make contacts
or the prostitutes or themselves. These prostitutes are sometimes the newcomers in
the business who do not earn much as attendants or massagists.
1. Patrons of houses of prostitution avoid any open contact with the police.
2. Usually letters and complaints received by the police are unsigned and the
caller unidentified or anonymous.
3. It is only by maximum effort through diligent work and investigation on the part of the
police may rid of a community of this evil. (More often locations of these places of ill-
fame will be discovered by diligent work and investigation on the part of the police).
GAMBLING
I. Gambling it is a game or scheme the result of which depends wholly or chiefly upon
chance or hazard
2. Chance or Hazard is the uncertainty of the result of the game or when the outcome of
the game is incapable of calculation by human reason, foresight, sagacity or design.
3. Lottery it is a scheme for the distribution of prizes by chance among persons who have
paid or agreed to pay a valuable consideration for the chance to obtain a prize.
4. Maintainer is the person who sets up and furnishes the means with which to carry on
the gambling game.
5. Conductor is the person who manages or carries the gambling game.
6. Banker is the person who keeps the money from which the winner is to be paid.
7. Totalizer is a machine for registering and indicating the number and nature of bets made
on horse races.
8. Wager is the bet or consideration placed on gambling games.
9. Prize is the inequal amount due to the winner.
10. Topada the illegal cockfighting conducted on a day or at a cockpit not permitted by law.
11. Gullible Person person who easily deceived especially in crooked gambling.
12. PAGCOR (Philippine Amusement and Gambling Corporation) office that
controls/regulates gambling games like the casino.
II. INTRODUCTION:
The laws relating to gambling are not all uniform throughout the world. Moreover, the
interpretation of gambling law, is in many cases, seemingly in consideration with the language of
the statues on the subject. Inspite of this, it is still the responsibility of the police to enforce such
laws.
In gambling as in business, the head of the organization is in a position to take the largest
profit. He may have operating for him many gamblers and proprietors using his equipment and
paraphernalia. Each of those person is engaged in a continuing series of criminal acts and each act
result in unfailing monetary gain. The total number of criminal acts amounts into the hundred of
thousands, for which the head of the organization receives a percent of the profit in each act.
Though collected in small amounts, the total amount is enormous. The general public is unaware
of the tremendous sums of money that are diverted from the normal business channels in this
manner.
The tremendous profits from gambling are used to circumvent the law. Funds are made
available to corrupt to influence, to bribe, to campaign, to employ the best legal, talent to retain in
office friendly, public officials, and to remove unfriendly ones. Gambling profits add to police
difficulty in the control of gambling itself.
Communities where gamblers always have a high crime rate. Establishments and districts,
containing them are frequently the scenes of murders assaults and drunkenness. Private
persons, when victimized by crooked gambling, sometime commit suicide, embezzle funds
and commit a variety of other serious offenses. The existence of gambling in a community
therefore greatly increases the task of the police. Many professional gamblers will play
only when there is a certainly that they will win. These gamblers play with gullible (easily
deceived) native persons who fail to realize that the game they play is so fixed and
controlled that there is no possibility of their ever winning. These sure thing gamblers
used marked cards controlled roulette wheel and slot machines. The most common of the
crooked gamblers are those who play with cards and dice. They have little difficulty in
finding gullible people with whom to play.
NOTE: Lottery becomes punishable only when the participants buys ticket only for purposes of
participating in the lottery but not when the participation is only incidental to buying a certain
good wherein the participation entitles the buyer an equal value of his moneys worth.
5. And finally, making bets which are offered and accepted upon the result of a boxing or other
sports contest is punishable by Article 187, Revised Penal Code and Section 830, Revised
Ordinances of the City of Manila.
NOTE: A mere bystander or spectator in a gambling game is not criminally liable, because he
does not take part therein, directly or indirectly. Mere presence in a gambling house or cockpit is
not punishable.
1. The government thru its law enforcement agencies must conduct a consistent and
continued raids, arrest and closure of suspect gambling dens.
2. The courts and the law makers must enact and apply the law with more teeth as a
deterrent factor.
3. The economic structure of our country must cater to the large majority of our
population to provide mass employment and prosperity of the people in terms of
income.
4. The building of more recreational and athletic facilities to divert attention of the people
from gambling activities.
5. Active participation of NGOs (non-government organization) in the campaign against
vices especially gambling.
Vice Division members should work as a team and their effective strength should not be
assigned to more than one shift. Their hours should be flexible and judged on the basis of
the need. Certain hours of work are more desirable than others. As most gambling and
prostitution violators start between the hours of 7:00 or 8:00 in evening and diminished
around 3:00 or 4:00 in the morning, it is recommended that the vice squad work as a team
during these hours. The hours, should however, remain flexible enough, change in the
event of emergencies and special events.
DRUGS
Any chemically active substance rendering a specific effect on the central nervous system of
man.
A chemical substance that affects the functions of living cells and alters body or mind processes
when taken into the body or applied through the skin.
DRUG ABUSE
Is the overuse or consumption of drugs other than for medical reasons.
Abuse of drugs and other substances can lead to physical and psychological dependence.
DRUG DEPENDENCE
Characterized by the compulsion to use a drug to experience psychological or physical effects
despite deterioration in health, work, and social activities.
It is a cluster of physiological, behavioral and cognitive phenomena of variable intensity in
which the use of psychoactive drug takes on a high priority thereby involving, among others a
strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance taking behavior in terms of its onset, termination, or levels of use. (RA 9165)
TYPES OF DEPRESSANTS
Narcotics - The term narcotic basically refers to drugs that produces a depressant effect on the
Central Nervous System. Medically they are potent painkillers, cough suppressant and active
component of anti-diarrhea preparations. Narcotics relieve pain by acting on specific structures,
called receptors, located on the nerve cells of the spinal cord or brain. The usual method of
administering these drugs into the body is by injecting, ingestion or inhalation.
Opium - Refers to the flowering plant of the species papaver somniferum. It is derived from
the Oriental poppy plant which is grown in Asia and can also be found in other areas such as
Mexico. The plant is usually 3 or 4 feet high, raw opium is dark brown in color and is bitter in
taste. A number of alkaloids are derived from this substance, the most of which are morphine,
heroin, and codeine. The plant displays a beautiful flower that ranges in color from white to
purple.
OTHER NAMES: Paregoric, Dovers powder, Parepectolin
LOOKS LIKE: Dark Brown Chucks
USED: Smoked ; Eaten
Morphine - It is the most important alkaloids and constitutes about 10 % of the use raw
opium. It is converted from raw opium through a relatively simple boiling and filtering process.
One of the most significant development in history took place in the early 19th century, when
Friedrich Serturner, a German scientist isolated morphine from opium.
OTHER NAMES: Pectoral syrup, Sweet Morpheus
LOOKS LIKE: White Crystals, Hypodermic Tablets, Injectable Solutions
USED: Smoked ; Taken Orally ; Injected
Heroin - It is the most commonly abused narcotic in the world. To produce heroin, the chemist
takes an equal amount of morphine and acetic anhydride and heats them together for six hours. It
was discovered by Alder Wright (1896), a British chemist. It promised to cure addiction from
opium and morphine. It is a white, odorless, crystalline powder with a very bitter taste.
OTHER NAMES : Smack, Horse, Brown Sugar Junk, Mud, Big H, Black Tar
LOOKS LIKE : WHITE to DARK BROWN TAR-LIKE SUBSTANCE
USED: INJECTED or INHALED THOROUGHLY
Codeine - Also known as Methylmorphine. It is similar to morphine , but its effect is weaker
in intensity. Cough preparations generally contain one grain of codeine per fluid ounce. It is also
available in tablet or powder form. It was isolated from morphine in the year 1832.
OTHER NAMES: Empirin, Cough Syrups, Tylenol w/ Codeine
LOOKS LIKE: Dark Liquid , Capsules ,Tablets
USED: Taken Orally ; Injected
Methadone - a synthetic narcotic used as treatment of heroin dependence but also fallen to
abused. Other than methadone, other most commonly known synthetic opiate substitute are
meperidine (demerol) and darvon.
OTHER NAMES: Dolly, Dolophine, Amidone
LOOKS LIKE: Solution
USED: Taken Orally ; Injected
EFFECTS OF NARCOTICS
Produced a short lived feeling of pleasure, euphoria and a positive sense of well being known as
thrill, rush, or high.
Constrict pupil of the eye causing difficulty in vision
On a large dose, it causes nausea, vomiting, and difficulty in breathing
It induces sleep with a slow, shallow respiration
Overdose cause convulsion, followed by cessation of respiration leading to death
STIMILANTS Drugs which induce alertness, wakefulness, elevated mood, increased speech,
mental and motor activity, relieve fatigue or boredom and decreased appetite.
TYPES OF STIMULANTS
Cocaine - The drug taken from the coca bush plant. (Ertyroxylon coca) which usually grows
in South America. Cocaine, in its pure form, is also white and made up of shiny, colorless crystal
and understandably called snow in the junkie jargon. It is one of the strongest short acting
stimulants.
OTHER NAMES: Coke, Snow Flake, White Blow, Nose, Candy, Big C, Snow-bird,
Lady
LOOKS LIKE: White Crystal-line powder (often diluted)
USED: Inhaled ; Injected ; Smoked
Amphetamines - usually prescribed to reduce appetite and to relieve minor cases of mental
depression. This drug is representative of a broad class of stimulants known as pep pills. The
most common and widely used preparations of the drug are methamphetamine, amphetamine
sulfate, dextroamphetamine, which are known and sold under such trade names as Benzedrine,
and Dexedrine. These drugs achieve their effect by increasing the amount and activity of the
neurotransmitter (noradrenaline) within the brain thus causing psychic effects.
OTHER NAMES: Speed, Uppers, Ups, Black Beauties, Bumblebees, Hearts,
Benzedrine, Dexedrine, Shabu
LOOKS LIKE: Capsules, Pills, Tablets
USED: Taken Orally ; Inhaled ; Injected
EFFECTS OF STIMULANTS
Causes irritability, restlessness, hyperactivity, anxiety etc.
Impairs judgment and causes deep depression and physical exhaustion after single dose of
moderate strength wears off
Causes undesirable, acute psychotic consequences such as suspiciousness, hostility, persecutory
delusions, violent and destructive behavior and recklessness
Physiological effects like hypertension, chest pain, irregular heart rate, convulsion and cardiac
arrest leading to death.
EXAMPLES OF HALLUCINOGENS
Lysergic Acid Diethylamide (LSD) - a compound produced from lysergic acid, a crystalline
substance derived from the fungus claviceps purpurea which infects wheat. It was discovered by
Dr. Albert Hoffman while working in a Swiss Pharmaceutical company. Known on the street as
acid, it is the best known and most potent hallucinogens.
OTHER NAMES: LSD, Acid, Green/Red Dragon, White Lighting, Blue Heaven, Sugar
Cubes, Microdots
LOOKS LIKE: Bright Colored Tablets, Thin Squares of Gelatin, Clear Liquid
USED: Taken Orally ; Can be applied to the Eyes
Mescaline - aka STP which stands for serenity- tranquility- peace- a drug derived from the
dried tops of the peyote cactus, a small cactus native to Mexico.
EFFECTS OF MARIJUANA
Faster hear beat and pulse rate
Blood shot eye
Dry mouth and throat
Altered sense of time or disorientation
Forgetfulness and inability to think
Impaired reflexes/ coordination
Acute panic anxiety reaction- extreme fear of losing control
RA9165
SECTION 4. IMPORTATION OF DANGEROUS DRUGS Penalty - life imprisonment and
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
IMPORTATION OF ANY CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL
Penalty - imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00)
DANGEROUS DRUGS -Penalty - Life imprisonment and fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive, or resort where any controlled precursor and essential chemical is
used or sold in any form.
ARSON INVESTIGATION
By:
Prof. Elrhine D. Nicolas
Arson, defined:
It is the malicious destruction of property by fire. It consist of the willful and malicious
burning of all kinds of buildings and structure including personal property.
SECTION 3 Other Cases of Arson if the property burned is any of the following:
1) Any building used as offices of the government or any of its agencies.
2) Any inhabited house or dwelling.
3) Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel.
4) Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove
or forest.
5) Any rice mill, sugar mill, cane mill or mill central.
6) Any railway or bus station, airport, wharf or warehouse.
SECTION 6 Prima Facie Evidence of Arson any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substance 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, or electronic contrivance designed to start a fire or ashes or
traces or 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
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 for the safety of the person or
property of the victim.
Motives of Arsonists
In criminal prosecution, motive is necessary to identify the accused, thereafter intent can
be shown easily. These are:
1. Economic Gain
a) Insurance Fraud with the assured benefiting, coupled with the fact that the assured
would transfer to another location
b) Desire to dispose Merchandise Stocks on hand may have lost market value being out
of season, lack of raw materials, over supply of merchandise.
c) Existing business transaction which the arsonist would like to avoid such as impending
liquidation, settlement of estate, need for cash, prospective business failure, and increase rentals.
2. Profit by the Perpetrator other than the assured
a) Insurance agents wishing business with the assured
b) Business competitors planning to drive others
c) Persons seeking job as protection personnel such as security agencies
d) Salvagers and contractors wishing to construct another building
3. Concealment of crime to hide or commit a crime, arson is committed.
4. Punitive measure to inflict injury to another due to hatred, jealousy or revenge
5. Intimidation or economic disabling these are saboteurs, strikers and racketeer to
intimidate management or employers.
6. Pyromania is the uncontrollable impulse of a person to burn anything without any
motivation. They do not run away from the fire scene since they love watching fire
burning.
Types of Pyromania
a. Abnormal Youth such as epilectics, imbeciles and morons
b. Hero type a person set a building on fire and pretends to discover it, turn in the
alarm or make some rescue works to appear as a hero.
c. Drug addicts and alcoholics
d. Sexual deviates and perverts
5. A reddish glow indicates heat of 5000C, a real light about 100C. Red flame indicates
presence of petroleum. Blue flame indicates use of of alcohol as accelerant.
6. Smoke marks an experience investigator will determine the volume of smoked
involved at a fire and the character as residue deposited on walls or elsewhere.
Smoke marks have often been of assistance in determining the possibility of a fire
having more than one place of origin.
e. Size of Fire this is important when correlated with the type of alarm, the time
received and the time of arrival of the first fire apparatus. Fires make what might be termed a
normal progress. Such progress can be estimated after an examination of the material burned the
building and the normal ventilation offered to the fire. The time element and the degree of
headway much by the flames becomes important factors to determine possible incendiarism.
f. Direction of Travel while it is admitted that no two fires burn in identical fashion, yet
is can be shown that fire make normal progress through various types of building. Considering
the type of construction, the building materials, combustibility of contents, channel of ventilation
and circumstances surrounding the sending of alarm, an experienced investigator can determine
whether a fire has spread abnormally fast.
g. Intensity the degree of heat given off by a fire and the color of its flame oftentimes
indicate that some accelerant has been added to the material normally present in a building and the
investigator must look for further evidence pointing to use of such accelerants. Difficulty in
extinguishing the fire is often a lead to suspect presence of such fluid as gasoline and kerosene.
h. Odor the odor of gasoline, alcohol, kerosene and other inflammable liquids which
are often used as accelerant is characteristic and oftentimes arsonists are trapped because of this
tell-tale sign. Most of fire setters are inclined to use substance which will make the blaze certain
and at the same time burn up any evidence of their crime.
i. Condition of Content persons tending to set their house on fire frequently remove
objects of value either materially or sentimally. Store and other business establishments
oftentimes remove a major portion of their content or replace valuable merchandise without of
style article.
j. Doors and windows locked doors and obstructed entrance and passage ways
sometimes point to an attempt to inspect firm in their fight to put out the fire. Doors and
windows showing signs of forced entry may point to arson preceded by burglary or arson byt
someone without a key to the premises.
k. Other suspicious circumstances interested bystanders, familiar faces and discovery
of some objects which might be part of a mechanical fire-setting device among the debris.
Basic Lines of Inquiry
1. Origin of the fire
2. Motive
3. Identification of prime suspect
4. Identification of fire setter
INTRODUCTION
The value of property destroyed by destructive fires in the Philippines in the past five years
reached several billions of pesos.
Besides the enormous waste of property, careless persons and arsonists caused a number
of deaths and serious physical injuries and also exposed to danger a thousand lives each year.
Considering the resulting economic loss, the danger and the dislocation of humans and terror
spread by an arsonist, it is not surprising to learn that the crime of Arson was considered a
heinous crime in 1991 under RA 7659.
Fire - The active principle of burning characterized by the heat and light of combustion.
(PD 1185)
Abatement any act that would remove or neutralize a fire hazard.
Combustible, Flammable or inflammable descriptive of materials that are easily set on fire.
Fire hazard - any condition or act which increased or may cause an increase in the probability
of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire
fighting operations and the safeguarding of life and property.
Flash point the minimum temperature at which any materials gives off vapor in sufficient
concentration to form an ignitable mixture with air. Jumper a piece of metal or an
electrical conductor used to bypass a safety device in an electrical system.
Overloading - the use of one or more electrical appliances or devices which draw or consume
electricity beyond the designed capacity of the existing electrical system.
Pyrophoric descriptive of any substance that ignites spontaneously when exposed to air.
Sprinkler system an integrated network of hydraulically designed piping installed in a
building structure or are when outlets arranged in a systematic pattern which
automatically discharges water when activated by heat or combustion products from a
fire.
Arc - a high temperature luminous electric discharge across a gap.
Arson - the crime of maliciously and intentionally, or recklessly, starting a fire or causing an
explosion.
Backdraft an explosion resulting from the sudden introduction of air (I.e. oxygen) into a
confined space containing oxygen-deficient superheated products of incomplete
combustion.
Bleve Boiling liquid expanding vapor explosion
Flashover a transition phase in the development of a contained fire in which surfaces
exposed to thermal radiation reach ignition temperature more or less simultaneously
and fir spread rapidly throughout the space.
Fuel a material that yields heat through combustion.
Heat a form of energy characterized by vibration of molecules and capable of initiating and
supporting chemical changes and changes of state.
Ignition the process of initiating self-sustained combustion.
Self-ignition ignition resulting from self heating Synonymous with spontaneous ignition.
Point of origin the exact physical location where a heat source and fuel come in contact with
each other and a fire begins.
Pyrolysis the chemical decomposition of a compound into one or more other substances by
heat alone; pyrolysis often precedes combustion.
Rekindle a return to flaming combustion after apparent but incomplete extinguishment.
Short circuit an abnormal connection of low resistance between normal circuit conductors
where the resistance is normally much greater, this is an overcurrent situation but it is
not an overload.
Smoke an airborne particulate product of incomplete combustion suspended in gases,
vapors, or solid and liquid aerosols.
Smoldering combustion without flame, usually with incandescent and smoke.
Arson page 2
FIRE TRIANGLE
The fire triangle is a simple model, from the science of firefighting, for understanding the
ingredients necessary for most fires. It has largely been replaced in the industry by the fire
tetrahedron, which provides a more complete model, also described below.
The triangle illustrates the rule that in order to ignite and burn, a fire requires three elements
heat, fuel, and oxygen. The fire is prevented or extinguished by removing any one of them. A
fire naturally occurs when the elements are combined in the right mixture (e.g.,, more heat needed
for igniting some fuels, unless there is concentrated oxygen).
When a fire runs out of fuel it will stop. Fuel can be removed naturally, as where
the fire has consumed all the burnable fuel, or manually, by mechanically or
chemically removing the fuel from the fire. Fuel separation is an important factor
in wildland fire suppression, and is the basis for most major tactics. Other fuels may
also be chemically altered to prevent them from burning at ordinary temperatures,
perhaps as part of a fire-prevention measure.
Without sufficient heat, a fire cannot begin, and it cannot continue. Heat can be removed
by dousing some types of fire with water; the water turns to steam, taking the heat with it.
Note that water will actually increase or spread some other types of fire. Separating
burning fuels from each other can also be an effective way to reduce the heat. In forest
fires, burning logs are separated and placed into safe areas where there is no other fuel.
Scraping embers from a burning structure also removes the heat source. Turning off the
electricity in an electrical fire removes the heat source, although other fuels may have
caught fire and continue burning until the firefighter addresses them and their fire triangles
too.
Oxygen may be removed from a fire by smothering it with an aqueous foam or some inter
gas (e.g., carbon dioxide, Halon), dry chemicals, or enclosing it where the fire will quickly
use up all of the available oxygen. A candle snuffer uses this principle. Oxygen for the fire
may also be instantaneously consumed, if only for a moment, by more sophisticated
means such as using explosives to snuff an oil well gas fire. Once the gas fire is out, it is
not hot enough to start again, but workers must be extremely careful not to created
sparks! See Red Adair.
Arson page 3
Fire tetrahedron
The fire triangle is a useful teaching tool, but fails to identify the fourth essential element of fire:
the sustaining chemical reaction. This has led to development of the fire tetrahedron: a triangular
pyramid having four sides (including the bottom). In most fires, it does not matter which element
gets removed; the fire fails to ignite, or it goes out. However, there are certain chemical fires
where knowing only the fire triangle is not good enough.
Combustion is the chemical reaction that feeds a fire more heat and allows it to continue. With
most types of fires, the old fire triangle model works well enough, but when the fire involves
burning metals (lithium, magnesium, etc.), it becomes useful to consider the chemistry of
combustion. Putting water on such a fire could result in the fire getting hotter (or even
exploding) because such metals can react with water in an exothermic reaction to produce
flammable hydrogen gas. Therefore, other specialized chemical must typically be used to break
the chain reaction of metallic combustion and stop the fire.
Most ordinary combustible substances are compounds of carbon and hydrogen, often
containing mineral matter and oxygen. When they burn completely and freely in the air, the
carbon reacts with the oxygen to form carbon dioxide; the hydrogen combines with the oxygen to
form water; and the mineral matter remains behind as ash. In the first stages of a fire the building
structure and the materials such as wood and cloth contained in building, are merely heated and
give off gases and vapors. With increased head and exposure to flames, these materials finally
reached the ignition point and burst into flame.
The rate and extent of the spread of fire depends on a number of factors, chief among which are
the following:
a. Wind velocity
b. Relative humidity, dryness of the materials and the absence of rain
c. Air temperature
d. Nature and condition of any vegetation surrounding the building
e. Nature of building construction
CLASSIFICATION OF FIRE
METHODS OF ENTINGUISHMENT
FIRE/ARSON INVESTIGATION
Fire Investigation the process of determining the origin, cause, and development of a fire or
explosion.
Nature of Fire Investigation a fire or explosion investigation is a complex endeavor involving
skill, technology, knowledge and science. The proper methodology of a fire investigation is to
first determine the origin(s), then investigate the cause; circumstances, conditions or agencies that
brought the ignition source, fuel, and oxidant together.
SYSTEMATIC APPROACH
The systematic approach recommended is that of the scientific method, which is used in the
physical sciences. This method provides for the organizational and analytical process desirable
and necessary in a successful fire investigation.
(Ref. Fig. 2)
SCIENTIFIC METHOD
RECOGNIZE THE NEED (Identify the problem)
DEFINE THE PROBLEM
COLLECT DATA
ANALYZE THE DATA-(Inductive reasoning)
DEVELOP A HYPOTHESIS
TEST THE HYPOTHESIS (deductive reasoning)
SELECT FINAL HYPOTHESIS
Recognize the need.
Determine that a problem exist. In this case, a fire or explosion has occurred and the cause of
should be determined and listed so that future, similar incidents can be prevented.
Collect Data
Facts about the fire incident are now collected. This done by observation, experiment, or other
direct data-gathering means. This is called empirical data because it is based on observation or
experience and is capable of being verified.
Arson page 5
Develop a Hypothesis
Based on the data analysis, the investigator should now produce a hypothesis or group of
hypothesis to explain the origin and cause of the fire or explosion incident. This hypothesis
should be based solely on the empirical data that the investigator has collected.
Test the Hypothesis (Deductive Reasoning)
The investigator compares his or her hypothesis to all known facts. The testing maybe either
cognitive or experimental. If the hypothesis cannot withstand an examination by deductive
reasoning, it should be discarded as not probable and a new hypothesis should be tested. It may
include the collection of new data. This process needs to be continued until all feasible hypothesis
have been tested. Otherwise the fire cause should be listed as undetermined.
CAUSES OF FIRE
1. Accidental fire cause involve all those where the proven cause does not involve a deliberate
human act to ignite or spread into an area where the fire should not be.
2. Natural fire cause it involve fires cause without direct human intervention, such as lighting
etc.
3. Incendiary fire cause is one deliberately set under circumstances in which the person knows
that the fire should not be set.
4. Undetermined fire cause whenever the cause cannot be proven, the proper classification is
undetermined.
Arson page 6
Criminal burning has always treated as a serious offense. The old Roman Law of incendium
though broader in scope than common law arson, included willful burning which endangered
anothers property, setting fire to cities, and causing conflagration by rioting. The penalty for this
crime at one time required that the offender be burned alive. Today we find, depending on the
jurisdiction, degrees of arson carrying penalties of up to 20 years in prison or even life
imprisonment. Under RA 7659 (Death Penalty Law) If death result as a consequence of arson
the mandatory penalty of death shall be imposed. The method of investigation of the arson fire is
not basically different in any respect from that of the fire that results accidentally. Lacking any
real basis for decision the two, every fire should be investigated as though it could be the result of
arson.
The determination that a fire has been intentionally set is central to all fire investigation and is one
of the more difficult phases of that investigation.
Arson is the criminal burning of property. (Nolledo)
Arson The crime of maliciously and intentionally, or recklessly starting a fire or causing an
explosion. (NFPA 921)
Arson A crime committed by a person who burns or sets fire to the property of another, or who
sets fire to his own property under circumstances which expose to danger the life or property of
another. Sec. 1 PD 1613.
A criminal investigator is a person who collects facts to accomplish a threefold aim Phases of
Investigation:
1. Identify the criminal or guilty party the identity of the criminal is discovered in one or more
of the following ways: confession; eyewitness testimony, or circumstantial evidence.
2. Locate the criminal or guilty party commonly the answer to the question of the criminals
whereabouts falls easily out of the solution of the problem of his identity.
3. Provide evidence of his guilt for court presentation the most difficult phase of investigation,
namely: gathering the facts necessary in the trial to prove the guilt of accused beyond
reasonable doubt.
Exigent or Emergency Circumstance:
A search conducted under exigent or emergency circumstance deals with a warrantless
search based on the fact that the time needed to obtain a warrant is not possible or practicable.
For fire investigators, exigent or emergency circumstances involve a landmark decision in
the US Supreme Court entitled Michigan v Tyler (436 US 499, 56 L Ed. 2nd 286) in 1978. This
decision supports a warrantless entry by fire fighters for suppression activities and redefines the
fire investigators activities in the subsequent investigation as to the origin and cause of the fire.
SC Conclusion:
We hold that an entry to fight a fire requires no warrant, and that once in the building, officials
may remain there for a reasonable time to investigate the cause of the blaze. Therefore, additional
entries to investigate the cause of the fire must be pursuant to a warrant procedure governing
administrative searches. Evidence discovered in the course of such investigation is admissible at
trial, but if the investigating officials find probable cause to believe that arson has occurred and
require further access to gather evidence for a possible prosecution they may obtain a warrant
only upon a traditional showing of probable cause applicable to searches for evidence of crime.
(436 US 512,56 L ed 2nd 500)
Arson page 7
STAGES IN THE COMMISSION OF A FELONY
Consummated
A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
Example: At a little past midnight Miguel noticed that the thatched roof of his house was on fire.
When looking at the window, he saw the culprit beside the house carrying a stick burning at its
end. Miguel shouted for help and succeeded in extinguishing the fire after a small part of the roof
was burned. The SC held: That the crime was consummated arson the consummation of the
crime does not depend upon the extent of the damage caused. (People vs. Hernandez, 54 Phil.
122)
Frustrated
It is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator. Example: Luke prepares a kerosene-soaked rag and
places it in the combustible portion of Peters house with intent to burn the latter. Luke lights the
rag and while the latter is burning he runs away (Performs all acts of execution). Before the fire
emitting from the rag consumes any part of the house, Peter, the owner discovers the fire and puts
it out (The felony is not produced due to the timely intervention of the owner independent of the
will of the culprit Luke). Attempted
There is an attempt when the offender commences the commission of a felony, directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance (No voluntary desistance).
Example:
Juan gets a rag and soaks it with kerosene with intent to burn the house of Pedro. Juan puts the
rag in a combustible portion of Pedros house and while in the act of striking his match in order to
burn the rag soaked with kerosene, Juan is arrested by a policeman who happens to pass by.
Preparatory acts, like buying a match does not constitute attempted arson. There is only an
attempted arson if the overt act is begun, that is, a direct movement to do the act is executed.
Malice. There must be a malicious intent to burn otherwise no crime of arson exists. Malice is
the intent to do injury to another. Fires caused by negligence or accident do not constitute arson.
The intent must be inferred from the facts. The condition surrounding the act such as threats,
quarrels, expressions of dislike, application for fire insurance, and so forth, may supply a basis for
inferring intent. The prosecution must show that a burning was accomplished with criminal
design. The law presumes that a fire is accidental in origin; hence the criminal design must be
beyond reasonable doubt.
Methods of Proof
The investigation of arson often presents a complex problem because the methods employed by
incendiaries and the manner in which they operate are far greater in number and more varied in aspect than
those employed by most other types of criminal. Proof of the commission of the offense is rendered more
difficult because the physical evidence, normally providing material assistance in an investigation, is often
destroyed by the criminal act itself. The same basic elements of all criminal investigations, however, are
required of arson inquiries, namely, the establishment of the corpus delicti and the identification of the
perpetrator.
Corpus delicti Body or substance of the offense or in the accepted legal sense means merely the fact that
a crime has been committed. Since in law every fire is presumed to be accidental
Arson page 8
origin until proved otherwise, his presumption must be overcome an arson charge can be established.
Evidence must be adduced to show the corpus delicti of the offense, that is, the existence of the essential
facts demonstrating that the offense had been committed. It must be emphasized that the unsupported
confession of a person with respect to the burning is insufficient and inadmissible in the absence of a
substantial and independent showing of the corpus delicti.
To establish the corpus delicti the following two facts must be established:
1. Burning
2. Criminal design
What constitutes burning?
A structure is not burn within the meaning of an accusation of arson by heat. Any appreciable burning is
sufficient. It is not necessary that there be a flame of that the structure be consumed or materially injured.
The ignition satisfies the requirement of burning.
Fire patterns are the visible or measurable physical effects that remain after a fire. These include thermal
effects on materials, such as charring, oxidation, consumption of combustibles, smoke and soot deposits,
distortions, melting, color changes, changes in the character of materials, structural collapse, and other
effects.
Burn Pattern
a. Char Blisters Convex segments of carbonized material separated by cracks or crevasses that form on
the surface of char, forming on materials as wood as the result of pyrolysis or burning.
b. Spalling Chipping or pitting of concrete or masonry surfaces.
Pyrolysis The chemical decomposition of a compound into one or more other substances by heat alone;
pyrolysis often precedes combustion. Further, in a fire there are both combustion and pyrolysis occurring
and it is proceeding in layers below the surface of fuel where theres nearly total deprivation of oxygen.
Role of Pyrolysis:
The greatest part of the flaming fires is the flame itself in which the combustion reaction is taking
place solely between gases. This remains true even though the fuel that feeds the flames is solid, e.g. wood,
cloth, paper, plastic, or even coal. How then does the solid fuel maintain a gaseous reaction in the flames
that burn around it? The answer lies primarily in the phenomenon of pyrolysis or heat decomposition
reactions, which occurs within the solid fuel as a result of being strongly heated by the surrounding flames.
Other Evidence once the corpus delicti is established, any legal and sufficient evidence, direct or
circumstantial, may be introduced to show that the act was committed by the accused and that it was done
with criminal intent. In arson cases direct evidence is ordinarily lacking with respect to the connection of
the offender with the crime and the great reliance must be placed on circumstantial evidence. The following
general types of evidence will usually be encountered in addition to those already discussed.
Evidence Associating the Suspect with the Scene. Clue materials such as tools, matches and articles of
clothing may be found at the scene and sometimes traced to the suspect. Similarly, the suspect may have
carried on his person or clothing traces which link him to the crime scene.
Evidence showing intent. The actions of the suspect can frequently offer evidence of criminal intent.
Example, anticipating of a fire may be shown by such circumstances as the removal of valuable articles or
the substitution of inferior articles. Ill feeling or unfriendly relations between the accused and the
occupants of the burned building may be shown. The absence of any effort to extinguish the fire or to turn
in the alarm in the presence of opportunity is significant. The flight of the suspect may be incriminating.
70
Arson page 9
MOTIVES OF ARSON
The National Center for the Analysis of Violent Crime has identified the six motive classifications
as the most effective in identifying offender characteristics for fire setting behavior, as follows:
Vandalism is defined as mischievous or malicious fire setting that results in damage to
property. Common targets include educational facilities and abandoned structures, but also
include trash fires and grass fires.
Vandalism fire setting includes the following:
a. Willful and Malicious mischief
b. Peer or group pressure
Excitement the excitement-motivated firesetter may enjoy the excitement that is provided by
actual firesetting or the activities surrounding the fire suppression efforts, or may have a
psychological need for attention. The offender is often a serial firesetter, he will generally remain
at the scene during the fire and will often get in position to respond to, or view the fire and the
surrounding activities.
Crime Concealment this category involves fire setting that is secondary or a collateral criminal
activity, perpetrated for the purpose of concealing the primary criminal activity. In some cases,
however, the fire may actually be part of the intended crime, such as revenge. Many people
erroneously believe that a fire will destroy all physical evidence at the crime scene.
Profit Fires set for profit involve those set for material or monetary gain, either directly or
indirectly. The direct gain may come from insurance fraud, eliminating or intimidating business
competition, extortion, removing unwanted structures to increase property values, or from
escaping financial obligation.
Subcategory of profit motive category:
a. Fraud-motivated fires may include commercial or residential properties
b. Fraud to collect insurance
Arson page 10
Heating appliances
a. Heaters
b. Sparkers
Mechanical devices
a. Clock mechanism
b. Altered equipment
c. Trailers
d. Inflammable gases
e. Chemical devices
f. Explosives
Fire Scene Reconstruction The process of recreating the physical scene during fire scene
analysis through the removal of debris and the replacement of contents or structural elements in
their pre-fire positions.
Fire Damage Assessment Investigators will be making assessments of fire spread throughout the
examination of the scene. These assessments include recognizing and documenting heat
movement and intensity patterns and analyzing the important and direction of each pattern found.
Origin determination Determination of the origin of the fire will frequently involve the
coordination of information derived from:
a. The physical marks (fire pattern) left by the fire;
b. The observations reported by person who witnessed the fire or were aware of
conditions present at the time of the fire;
c. The analysis of the physics and chemistry of fire initiation, development, and growth as
an instrument to related known or hypothesized fire conditions capable of producing
those conditions.
Definition of a Report:
A report is defined as a story of actions performed by men.
In police report, it is a chronological or step by step account of an incident that took place
at a given time.
Traditionally, a report meant a police report, or the narrative you have to write after
completing an investigation. But, actually, reports take many different forms. A report is defined
as the following: any documentation recorded on a departmental form, or other approved
medium (computer disks), and maintained as a permanent record.
Other Definitions:
A Police Report is an exact narration of facts discovered in the course of an investigation
which serves as a permanent written record for present and future use.
It is also defined as any written matter prepared by the police involving their interaction
with members of the community.
It is a permanent written records of police activities which communicate facts concerning
people involved in criminal activities.
It is a written record of an officers statement concerning his theory and opinion about the
case investigated.
Basic or informal reports are generally informal in nature. It seldoms goes out of the
police department.
2. Investigative or Formal Report This report covers a full dress treatment in
the presentation of the case. It is an exact and exhaustive narration of facts,
without any addition or subtraction, which were discovered during the course
of the investigation.
Values of Reports:
1. Reports are filed because they are needed for the efficient operation of law
enforcement activities.
2. Reports are permanent records of all the important facts of a case. They are
stockpile of information to be drawn upon by all individuals on a law
enforcement team. The efficiency of a department is directly related to the
quality of the reports and its reporting procedures.
3. Reports are written to serve as raw materials from which records systems are
made.
4. Reports are written to reveal as part of the component of the record system,
the direct relationships between the efficiency of the department and the
quality of its ports and reporting procedures.
5. Reports are written to guide administrators for policy formulation and
decision making.
6. Reports are written to serve as gauge or yardstick for efficiency evaluation
of police officers.
7. Reports are written to guide prosecutors and courts in the trial of criminal
cases investigated by the police.
Qualities of Good Reports:
All police reports must contain certain qualities which can be categorized as follows;
1. Accuracy accuracy is one of the essential qualities of report writing.
Literally, accuracy means in exact conformity to the fact: errorless.
Being accurate is being exacting. This can be attained by guarding
against careless thinking, expressions and calculations.
A fact is something that has been objectively verified. You must report
the facts correctly and without error. The identification of facts is imperative
to establish the corpus delicti or body of the crime in your report. You must
restrict your report to the facts of the incident as you saw them or as victims
and witnesses reported to you. You must accurately report the conditions
of the scene as you found them. Avoid reporting opinions, inferences
(drawing a conclusion), suppositions (assumption of truth), or hearsay as
though they were facts.
An investigator is a fact finder. Therefore, all the contents of his report
must be based on facts facts which are known through the use of any or all
of his five senses.
Avoid redundant ideas. It will only defeat the purpose of the writer. The
reader gets tired of seeing the same word or word groups, carelessly
distributed in a sentence in a paragraph. Repetition and wordiness should not
be encouraged if they are not important in the report.
A writer thinks that the more there are, the more emphatic the impression.
Using the words herewith, or hereto after Enclosed, Attached,
Submitted, Referred, Transmitted, and similar expressions is
meaninglessly wordy. In a sentence, Enclosed please and the Photostats of the
different transmittals ending in your office, you better omit please find as
the reader will surely do. So, it should read Enclosed are the Photostats of
the different transmittals pending in your office.
Exercise: Try changing these wordy statements into a more concise ones:
3. Clarity Clarity means plain or evident to the mind of the reader. Good English is
relative. It can be right for one reader, wrong for another.
A writer must always worked for clarity in Police Report Writing. He is
Duty-bound to service his readers by letting them understand easily what he is
trying to get across. Remember that the readers have no time to look into
meanings of difficult words, but it is just a waste of time and effort on the part of
the readers.
The language and format in your police report must be simple and direct
as possible meaning direct to the point. You should use simple word so the
reader will know exactly what you want him to know. Avoid using words that can
have double meanings. Common words are more jargon, and unnecessary
abbreviations. Common words are more powerful that uncommon ones for the
simple reason that they can be understood by a number of people.
Magnitude size
Maximize develop fully
Approximately about
Commence begin, start
Correlate match
Promulgate issue
Modification change, amend
Expedite hurry, hasten
Accumulate gather
Acquaint tell
Ameliorate improve
Inadvertency mistake
Liquidate pay
Terminate end
Remuneration pay
In lieu of instead
Examples in sentences:
Examples:
Who was involved? You need to include all victims, witnesses and suspects.
It is up to you to locate everyone involved at the scene.
What happened? Through your preliminary investigation, you must determine what
took place. Was it crime, civil problem, or medical aid? What type of property was taken? What
vehicles were used? What was point of entry? What type of weapon was used?
When did it happen? You must determine the time of occurrence. You are also
responsible for recording when other events occurred at the scene. When did the investigators
arrive? When did the sergeant arrive?
Where did it happen? You are responsible to locate the exact location where the event
took place. If possible, use a street address, landmarks, or exact measurements. You are also
responsible for the description of the area where the crime occurred. Was it a business complex,
shopping mall, or single-family residence?
Why did it happen? The why is most crimes is an integral part of the motive. Generally
speaking, motives are revenge, monetary or personal grin narcotics addiction, infliction of bodily
injury, or sexual gratification.
As an investigator, you must report the facts correctly and without error.
Avoid reporting opinion, inference (drawing a conclusion), supposition
(assumption of truth), hear to say as though they were facts. Opinion
inference, and supposition are frequently based on logical premises; however,
they can be based on prejudice and bias, thereby leaving you open for
criticism.
6. Specific The report must be particular, definite, detailed. Use specific words
Specific words that help you in conveying your ideas most clearly to the reader. You
make a direct mental connection with the readers of your report. The reader can
picture in his mind what you have in your mind.
If someone will report a certain police officer because of the abuses he has
committed against the complainant, he would not be specific if he would not mention
his full name and rank, his unit assignment, the details of his offences and everything
about what happened. He has to go on details. It is not enough that he will just be
reporting that a certain police made abuses on him.
Concretize abstract words. Instead of saying weapon specify what kind of
weapon. Lets say automobiles. You can specify this as a 1985 Toyota Corolla,
Flaming red, with plate number as WCX 419.
Avoid using poor phrases in police report writing. Expressions like It was
determined, It was learned should be avoided. Take note of the following paragraph:
On June 30, 1990, Primo Dimapuno was arrested and held for investigation for
robbery. It was determined that he has around the vicinity when the complaint found
out that his safe containing jewelry is no longer on his bedsides table.
The following expression are not specific, therefore, they should be substituted
with better ones, more concrete in treatment.
2. Compromise
7. Objective You must always remember that there are always two sides to
every story, and both sides have a right to be told. You must not be influenced by
emotion, personal prejudice, or opinion. You collect and report the facts in an
objective and professional manner.
9. It must be written in proper form Form refers to the arrangement of the materials
presented. The mechanical set up. It refers to anything that will make your report more
easily read and useful as a reference.
Types of Reports:
The following types of reports are commonly used in every police departments:
1. Arrest Report Arrest Reports are used to document the events that occur
when you arrest a suspect. Many officers take little pride in or time and
energy to complete arrest reports, yet the arrest report is one of the most
important an investigator will write. You must include your probable cause
to stop, detain, and arrest the suspect. An arrest report also lays groundwork
for your probable cause to search for fruit or instrumentalities of the crime.
4. Daily Activity Report You may record daily activity on a Daily Activity Report
or Officers Log. Typically, the report includes the location of the activity, amount of
time spent, the names of people you talked to, and a brief disposition. In many
agencies, you may use a mobile data terminal or lap-top computer to record the
information.
5. Incident Report Incident Reports document events that are not crimes.
Depending on the activity in your jurisdiction, 70 percent of your calls for service may
not be crimes, for example, medical aid calls and civil disputes. In many of these cases,
you will have to write a report documenting your actions. Incident reports may also be
called service or miscellaneous reports.
8. Supplemental Reports In many cases, you are not the first officer on the
scene, yet you may still conduct part of the investigation. You will need to document
your actions in a supplemental report to information you discover after you have
written the original report.
PRACTICE COURT
Definition of Terms:
A Citizens of the United states of America who, before July 1946, were
duly licensed of the Phil Bar, in active practice in the courts of the Phils
and in good and regular standing as such may, upon satisfactory proof of
those facts before the Supreme Court, be allowed to continue such
practice after taking the following Oath of Office.
Duties of Attorney
(No person shall be deprived of life, liberty or property without due process of law
nor shall any person be denied of the equal protection of the laws., Art 3, Sec. 1
1987Phil. Constitution)
Prescription = Is the time which is prescribed by the authority f the law at the end of
which no action at law or suit in equity can be maintained.
Acquisitive Prescription = a period of time at which its culmination will give raise for a
right of action or acquisition of some rights
Extinctive Prescription = It refers to the time prescribed by law in which its end
results to the prescription of crime.
Prescription of Crime
Crime Prescription
1. Punishable by Death, 20 years
Reclusion Perpetua or
reclusion Temporal
2. Those punishable by Afflictive
Penalties 15 years
3. Correctional Penalty 10 years
4. Arresto Major 5 years
5. Crime of Libel and other
similar offenses 1 year
6. Oral Defamation and slander
by deed Six (6) months
7. Light Offense Two (2) months
In case of compound crime, the highest penalty shall be made the basis of
the application of the rules contained in the first, second and third and fourth
items
Presciption of Penalties
Penalties Prescription
Death and reclusion Perpetua 20 years
Jurisdiction Venue
1. It is the Authority or the Power 1. It is the territorial limits, the
to hear or try cases place where a suit should be
2. Conferred by law heard.
3. Cannot be waived by the 2. Can be waived in civil case
parties both in the criminal although in criminal case it is
and civil cases. jurisdictional
1. Provisional Remedies:
3. Special Proceedings:
a. Settlement of Estate of Deceased Person
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Recession and revocation of adoption
g. Hospitalization of insane person
h. Habeas Corpus
i. Change of name
j. Voluntary dissolution of corporation
k. Judicial approval of voluntary recognition of minor natural children
l. Constitution of family home
m. Declaration of absence and Death
n. Cancellation or correction of entries in the civil registry.
VI. PLEADINGS
= are the allegations made by the parties to a civil or criminal case, for the
purpose of presenting the issue to be tried and determined, such as the complaint,
answer, reply, counter claim, cross claim, third party complaint, etc.
The purpose of a pleading is to present briefly and concisely the true points of
controversy between the parties.
The first steps in the preparation of pleadings is to determine ones cause of
action. This is finding out the basis of the clients claim against the opponents.
The Elements of a cause of action are:
1. The breach of duty owing by one person to another;
2. The damage resulting to the other from the breach;
It is said that a cause of action exist when the legal rights of one party have
been invaded by another.(Chalamers v. Glenn, 18 SC 469, 471.)
PARTS OF A PLAEDING
1. Caption = which states the (1) name of the court, (2) the title of the action, (3) the
file number if already assigned and (4) designation of the pleading. I
In the complaint, the title of the action shall include the names of all the parties;
but in other pleadings it shall be sufficient if the name of the first party on each side
were stated with an appropriate indication when there are other parties (Rule 7, sec 2)
2. Body = contains the statement of ultimate facts relied upon by parties for their cause
of action of defense, It must be divided into paragraphs properly numbered for ready
identification.
3. Signature and Address = pleading must be signed by at least one attorney of
record of the party concerned, specifically his address.
4. Verification = an affidavit that the person verifying has read the pleading and that
the allegations thereof are true of his own knowledge. (Not based on information and
belief nor knowledge, information and belief).
Complaint Information
1. Signed by the Offended party, peace 1. Signed by the
officer or other public official charged in the prosecutor
enforcement of law violated 2. Need not be sworn
2. Need to be sworn 3. Filed directly to court
3. Maybe filed with the fiscals office or with
the court
Parts of an Information
1. Captions;
2. Text or body;
3. Place and date of drafting;
4. Signature of the Fiscal (Prosecutor);
5. Certification of the fiscal that a preliminary investigation was conducted by
him;
6. List of witnesses to be presented; and
7. Amount of bail recommended.
Answer
= Is a pleading in which a defendant or other adverse party sets forth the negative and
affirmative defenses upon which he relies. The answer may contain admissions or denials which
the responding party may make.
A Negative defense is the specific denial of the material fact or facts alleged in
the complaint essential to the plaintiffs cause of action.
An Affirmative defense is an allegations of new matters which while admitting the
material allegation of the complaint, expressly or impliedly, would nevertheless prevent
or bar recovery by the plaintiff e.g. fraud, illegality, statute of limitation or prescription,
former recovery, discharge in bankruptcy etc.
Counterclaim
= Is any claim for money or other relief which a defending party may have
against an opposing party.
Where the answer contains a counterclaim, it is not deemed to be the last
pleading in order that issues may be considered joined; for a counterclaim is equivalent
to a complaint against the plaintiff, and itself call for an answer.
Permissive Counterclaim may or may not raise in he answer in a particular case
and is not deemed waived if it is not so raised as it may be brought up in another case
as a complaint itself or as a counterclaim. It needs to be answered
Compulsory counterclaim is something that must be necessarily be put up in a
particular case and failure to do so will constitute a waiver and the same will be barred
forever. Need not be answered.
Cross-claim
= Is any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a counterclaim
therein.
Third-party complaint
= Is a claim that a defending party may, with leave of court, file against a person
not a party to the action, called the third party-defendant, for contribution, indemnity,
subrogation or any other relief, in respect of his opponents claim.
Reply
= Is a pleading, the office or function of which is to deny, or allege facts in denial or
avoidance of new matters alleged by way of defense in the answer and thereby join or make issue
as to such new matters. If a party does not file such reply, all the new matters alleged in the
answer are deemed controverted.
B. By Interrogation = any party may with leave of court, serve upon adverse party
written interrogatives to be answered by the party served or, by any officer
competent to testify for a partnership or corporation.
C. Inspection of documents or things = upon motion of a party showing good
cause, the court may order any party to produce and permit the inspection and
copying or photographing of designated thing or document not privileged which
constitute material evidence or other party to permit entry to a property r land for
inspection, taking picture measuring or surveying.
D. Physical and Mental Examination of persons = a procedure in which the
mental or physical condition of a party is in controversy may ordered by the
court in which an action is pending.
E. Admission by Adverse Party = It is a written request of a party served upon his
opponent for admission by the latter of the genuineness of any relevant
document or of the truth of any relevant matters of a fact as may be allowed by
the court upon proper motion.
VII. Pre-trial
= It is a conference called by the court for parties and their attorneys to appear before it
for a conference for purposes specified by the Rules of Court.
Under the new amendment, pre-trial is now mandatory not only in civil case but in
criminal cases as well.
Pre-trial should not be taken lightly. Pre-trial under the revised rules of court is
considered a Mandatory
1. To give a finger tip and eye flash control over the preparations for trial
2. To simplify preparation and prevent duplication of work.
Postponement of hearing
= as much as possible lawyer should avoid postponing the hearing of the
case. Only in some unavoidable circumstances that postponement should be
made for it will create a bad impression on the court. This will also contribute to
the clogging of the courts cases and calendar not to disregard the possibility of
delay in the administration of justice or denying of the same.
VII. TRIAL
Admissibility
Requisites:
1. Relevancy = evidence to be acceptable should be relevant to the facts in
issue, It is relevant when it has the tendency in reason to establish the
probability or improbability of a fact in issue.
2. Competency = Evidence that is relevant to the facts in issue should also be
not excluded by the law or the rules. It means that the evidence to be
presented should be one that the court allows to be presented.
Judicial Notice.
Judicial notice or Knowledge = the cognizance which the court may take,
without proof of facts which they are bound or supposed to know. Therefore it is that
which the court may accept or take notice without the necessity of proof. It is frequently
said that neither averment, nor proof or admission, will prevail against matters that are
judicially known to the court.
Hearsay Evidence
Generally a witness can testify only on those facts that he knows of his own
knowledge as perceived by his own perception, except as otherwise provided in the
rules.
Testimony of a witness as to what he heard other persons say about the facts in
dispute may not be admitted by the court being in a form of a hearsay or he is testifying
in the authority of another person. But if the said statement where not given to prove
the truth of the such statement but rather its tenor of the fact that such statement was
made as in a case of libel or oral defamation, the testimony of the witness is not a
hearsay.
Exception to the hearsay evidence rule:
1. Dying declaration
2. Statement as part of res gestae.
3. Statements of a deceased person against his pecuniary or moral interest.
4. Statement about Pedigree.
5. Family reputation or tradition regarding pedigree.
6. Common reputation.
7. Entries in the course of business or in the performance of duty.
8. Official written statements.
9. Commercial list and the like.
10. Learned treaties.
11. Testimony at a former trial.
FORMS OF EVIDENCE
I. Autoptic or Real Evidence:
This is an evidence made known or addressed to the senses of the court.
It is not limited to that which is known through the sense of vision but is
extended to what the sense of hearing, taste, smell, and touch is
perceived.
A public document is evidence of its contents and due execution and dies not
need any authentication unlike a private writing. To present a public document, all
that is necessary for the party presenting it is to mark the same as an exhibit.
B. Expert Witness:
The opinion of a witness regarding a question of science, art, or trade, when
he is skilled therein may be received in evidence. In order for expert evidence be
admissible, it must be known that the fact to be proved is one requiring expert
knowledge, and the witness is really an expert. There is no exact standard by
which to determine the degree of skill or knowledge, which a witness must posses in
order that he may testify as an expert. The degree of knowledge or skill necessary is
that which is sufficient to enable the witness to form a reasonable and reliable
opinion on the subject of inquiry. But before an expert can be presented it in
necessary for the lawyer presenting the expert to lay down his predicate as to the
qualification of his witness most especially if the adverse party does not admit that
the witness is an expert.
A physician on account of his training and experience can give his opinion
on a set of medical facts. He can deduce of infer something, determine the
cause of death or render opinion pertinent to the issue and medical in nature.
ORDER OF TRIAL
Unless for some special reasons, the judge may otherwise directs, the order of
trial in civil cases shall be as follows:
A. Subject to the provision of Section 2, Rile 31, and unless judge, for special
reasons, otherwise directs, the order of trial shall be as follows:
1) The plaintiff must produce the evidence on his part;
2) The defendant shall then offer evidence in support of his
defense, counterclaim, cross claim and third party claim.
3) The third party defendant, if any, shall introduce evidence of the
material facts pleased by him;
4) The fourth, etc. party, if any, shall introduce evidence of the
material facts pleased by him;
5) The parties against whom any counterclaim or cross claim has
been pleaded, shall introduce evidence in support of their
defense, in the order to be prescribed by the court;
6) The parties then respectively offer rebutting evidence only,
unless the court, for good reasons, in the furtherance of justice,
permits them to offer further evidence upon their original case;
7) When the evidence is concluded, unless the parties agree to
submit the cause without argument, the plaintiff or his counsel
may take the opening argument, the defendant, the third-party
defendant and the fourth, etc. party, or their respective counsels,
may follow successively, and the plaintiff or his counsel may
conclude the argument. Two counsels may, if desired, be heard
upon each side, but in the order herein prescribed;
8) If several defendants or third-party defendants, having separate
defenses, appear by different counsels, the Court must determine
their relative order in the evidence and argument, but any event
the plaintiff is entitled to the opening and closing argument.
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