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FUNDAMENTALS OF CRIMINAL INVESTIGATION assistance for an ambulance from the

nearest hospital. Then measure, sketch and


Basic concepts and Principles of criminal investigation photograph the crime scene immediately
after the v ictim is remov ed and brought to
Criminal Investigation- is an art which deals with the the hospital for medical attendance.
identity and location of the offender and prov ides b) If the v ictim is dead, the body should be
ev idence of guilt through criminal proceedings. remov ed only after the crime scene is
measured, sketched and photographed.
Investigation Defined: The collection of facts to
accomplish a threefold aim: (LIE) Modern techniques in crime detection and investigation
a) to Locate the guilty party;
b) to Identify the guilty party; and What do you understand by Instrumentation?
c) To prov ide Ev idence of his guilt.  Instrumentation is the application of instruments
and methods of physical science to the
The exception to the general rule perhaps is the 1987 detection of crime. It is the application of
Constitution which states among other things, that an physics, chemistry, and biology in crime
arrested person under custodial inv estigation is afforded detection. It is the sum total of the application of
with the three Constitutional rights. Such as: all sciences in crime detection otherwise known
1) The right to remain silent as criminalistics although instrumentation means
2) The right to counsel more than criminalistics because it includes also
3) The right to be informed of the nature and all the technical methods by which the fugitiv es
the cause of the accusation may be traced and examined.

What is the legal consequence if an arrested person under  In cases where there are no physical ev idences
cust odial investigat ion is deprived of t he const it ut ional to be found, then the use of instrumentation is
right s? relativ ely unimportant. A thorough training in the
resources of instrumentation is of great
Any testimony of statement taken from the importance to an inv estigator. The limitations of
arrested person who is departed of the three constitutional technical methods should also be a part of his
rights would be inadmissible as ev idence in the Courts of knowledge, since excessiv e reliance on
Justice. On the other hand, the inv estigator may be held instruments may in certain situations result in the
criminally liable for the v iolation of law. neglect of and more suitable inv estigation
procedures.
Criminal Investigator Defined
 A criminal inv estigator is a person who is charged What are the different ways in which criminalistics may be
with the duty of carrying on the objectiv es of useful in criminal investigation?
criminal inv estigation, e.g., to identify and locate a. By supplying one or more missing links in a chain
the guilty and prov ide ev idence of his guilt. of ev idences.
b. By strengthening a weak link or links in the chain
Primary job of an Investigator of ev idences.
 The primary job of the inv estigator is to discov er c. By checking the accuracy of the statements
whether or not an offense has been committed made by (1) the suspect, or (2) by material
under the law, after determining what specific witnesses.
offense has been committed, he must discov er d. By clearing up doubtful points in the preliminary
how it was committed, by whom, where it was stages of an inv estigation which may or may not
committed, when and why it was committed be significant at a later stage.
(Cardinal points of Inv estigation 5W’s and 1 H). e. By assisting in the rapid clearing up of routine
inquiries.
What are the qualities of a good investigator?
1. Persev erance Instrumentation
2. Intelligence  After all physical ev idence are found in the crime
3. Honest scene, almost all of them need equipments to
4. Understanding of the people and process, that is where criminalistics equipment’s
env ironment or instrument come into the picture.
5. Keen power of observ ation  Ev idence that is expendable must be preserv ed;
this can be done through photography. Latent
INITIAL STEPS IN CRIMINAL INVESTIGATION fingerprint needs to be lifted and preserv ed for
court presentation, Dactyloscopy is the needed
What are t he nine (9) Golden Rules t o be observed by t he instrument. The deceased died of unknown
Invest igat or upon his arrival at t he scene of t he crime? substance he drank before he died. Toxicology
a. Identify and if possible, retain for questioning will prov ide the answer the truth, etc.
the person who first notified the police.
b. Determine the perpetrator by direct inquiry or Development of Criminalistics
observ e him, if his identity is immediately  Before the 1900s criminal inv estigation relied
apparent. almost exclusiv ely upon the interaction of
c. Detain all persons present at the scene. people. Detectives used their skills as interv iewers
d. Summon assistance, if necessary. and persuaders to obtain information regarding
e. Safeguard the area by issuing appropriate innocence or guilt. This form of information
orders and by physically isolating it. gathering, including the frequent use of the
f. Subsequently, permit only authorized persons informant, was nearly the sole means of field
to enter the area. criminal detection. Today the emphasis is v ery
g. Separate the witnesses in order to obtain different. Current methods inv olv e, to a large
independent statements. extent, what is known as criminalistics. or the
h. Do not touch or mov e any object. more generic term forensic science. In its simplest
i. Definitely assign the duties of the search if form, criminalistics is the application of many
assistants are present. fields of natural science in the detection of
crime. Chemistry, physic, biology and
One of the Golden Rule is “Do Not Touch or Move any mathematics are frequently considered the
Object.” What should then be the primary job of an backbone of forensic science.
Investigator before applying this rule?
In the process of instrumentation, the following
The Inv estigator upon his arriv al at the scene of the crime equipment’s are being used, namely:
should consider the following two important steps before 1. The first used was Anthropometry found by
he touches or mov es any object. Alphonse Bertillon. He is a Frenchman who
a) If the v ictim is still aliv e, the Investigator should founded criminal identification by body
try to gather or acquire information from the measurement. It was accepted and adopted by
v ictim himself with regard to the surrounding police departments in Europe and the United
circumstances of the crime, while calling for States for more than twenty (20) years. But due to

Compendium of Crime Detection and Investigation (CDI)


the West case, Anthropometry disappeared, degree of baldness, length or shape of the nose,
which up to the time of his death in 1914, Bertillon the shape of mouth ear, etc.
nev er accepted its uselessness. d. Artist’s Assistance—the identification may be
2. Dactyloscopy replaced Anthropometry. It was made by the employment of an artist to depict a
popularized by Sir Edward Richard Henry in composite of the features described by the
Europe and through Juan Vucetich who founded eyewitness. The witness is shown a chart which
the fingerprint classification, it was found to be contains representations of v arious types of
accurate. Its usefulness in criminal inv estigation human features as noses, eyes, ears, etc., and is
cannot be questioned because its infallibility as requested to select the indiv idual features
no two person hav e the same fingerprints not present in the unknown criminal. From this
ev en the ten neighboring fingers of the same selection, the artist draws a composite of the
persons. face which maybe a close approximation to that
3. Forensic Serology was discov ered by Karl of the criminals.
Landsteiner in 1901 the agglutination of human
blood. This discov ery demonstrated that blood State the procedures of identification by witness of the
possesses certain characteristics, which allowed person in custody.
the designation A, B, AB and 0.  The inv estigator can increase reliability of
4. Forensic Ballistics dev eloped by Dr. Calv in H. identification by eyewitnesses through the
Goddard, a U.S. Army Physician with a rank of medium of the intelligently conducted “line-up”.
Lieutenant Colonel. It is used for determining The police line-up is more profitably used as
whether or not the ev idence bullet and test means of selecting a suspect from a group of
bullet came from a single gun through the use of innocent persons. The purpose of the line-up is
bullet comparison microscope. the power of the suggestion as a factor in
5. Poroscopy founded by Edmond Locard, one of identification.
the foremost criminalists in the world. Poroscopy
deals with the identification of sweat pores; he Procedure
prov ed that pores v ary in number, size and 1. There must be a group of seven (7) to ten (10)
position in each indiv idual. persons. Their appearance must be almost the
6. Photography was used in investigation to identify same as to height, hair color, and clothing. The
ev idence and suspect, to preserv e them for suspect must be giv en the opportunity to select
court presentation. A person who popularized in the position in the line-up. (first used in Boston)
photography was Rudolf Reiss, he aided the 2. The witness should be instructed before entering
forensic science field by specializing in the line-up room to the fact that the suspect is
photography. among the persons in the group. The suspect
7. Polygraph (lie detector) was dev elop by John should not be made aware of any decision on
Larson although it was founded by Keller. It is the part of the witness.
effectiv e in limiting the suspects in number as in 3. The lined-up members should not talk while in the
the hand of an expert and dependable machine room unless v oice identification is required.
its result is excellent. Before bringing the witness, the inv estigator
8. In 1952, Paul L. Kirk inv ented a. new density- should determine whether it will be necessary to
measuring dev ice for soil samples found at hav e the line-up members wear hats; walk, show
outdoor crime scenes. In the same year he certain physical areas; sit down, or otherwise,
accumulated an extensiv e crime- scene demonstrate any characteristics. If the witness
inv estigation kit that was highly portable, yet desires the line-up members to perform certain
extensiv ely equipped. actions, he should communicate this information
9. In 1984, Alex Jeffrey’s, a British biologist and discreetly to the inv estigator.
genetics expert, discov ered the concept of DNA 4. If there is more than one witness, they should
genetic fingerprinting. make their identification separately and should
not be permitted to confer with each other, until
Name the two kinds of criminal identifies by witnesses. they have indicated their indiv idual decisions of
a. Known fugitives—if the criminal is known, then the inv estigator.
police records and pictures are av ailable. His
relativ es and friends can offer a description. What do you understand by circumstantial evidence?
Further description may be obtained from local  Circumstantial ev idence is identification
police files, background inv estigation and from established indirectly by prov ing other facts or
v erbal descriptions of others. circumstances from which either alone or in
b. Unknown criminals—identified of unknown connection with other facts, the identity of this
criminals by eyewitnesses must be approached perpetrator can be inferred.
with caution by the inv estigator. The description
and characteristics may be v ague that When may circumstantial evidence be sufficient to
identification is difficult. produce conviction?
a. When there is more than one circumstance.
The Value of Identification by Eyewitnesses Depends on: b. When the facts from which the inferences
1. The ability of the eyewitness to observ e and deriv ed are prov en.
remember the relativ e “distinctiv eness” of the c. When the combination of all the circumstances is
accused’ appearance. such as to produce a conv iction beyond a
2. The prev ailing conditions of v isibility and reasonable doubt.
observ ations.
3. The lapse of time between the criminal ev ent What must be inferred to prove identity by circumstantial
and the identification. evidence?
a. Motive—it may be inferred from circumstances
Name the Methods of Identification by Witnesses. and from the statements of witnesses that the
a. Verbal Description—the v alue of the description suspect has been motiv ated by a desire for
must depend on the capacity of the witness to rev enge or personal gain. Motiv e is hard to
describe the criminal. establish in crime committed by mentally
b. Photographic Files—(Rogue’s Gallery)—the deranged persons.
witness may be taken to the headquarters to b. Opportunity—this is the physical possibility that
examine the photographs in file. The modus the suspect could hav e committed the crime. It
operandi file may also be shown upon may be deduced from the following:
knowledge of the technique of the commission 1. The suspect could hav e been in the
of the crime. The attention to any strong similarity v icinity of the crime.
in the photograph of a single feature, as the nose 2. Knowledge of the criminal objectiv es.
or mouth. 3. Absence of alibi.
c. General Photograph—the inv estigator should
show the witness the v ariety of facial types which What do you understand by Associative Evidence?
do not necessarily represent the criminal. The  Associativ e ev idence are the physical evidences
picture only represents different features of the which may identify the criminal by means of
face. The image of v arious features such as the clues, personal properties, or the characteristics

Compendium of Crime Detection and Investigation (CDI)


patterns of procedure deduced from the
arrangement of objects at the crime scene. The The First Responder shall:
offender may leav e some clues at the scene,  Cordon off crime scene with whatever available
such as weapons, tools, garments, fingerprints, materials like ropes, straws, human barricade,
foot impressions etc. Crimes of v iolence may police line;
leav e ev idence of physical struggle.  Ev acuate injured persons to the nearest hospital;
 Prepare to take the “dying declaration” of
Give the evidence necessary to prove guilt. sev erely injured person, if any;
a. The fact of the existence of the crime must be  Prev ent entry/exit of persons within the cordoned
established; area; and
b. The defendant must be identified and  Prepare to brief the CSI Team Leader of the
associated with the crime scene; situation upon their arriv al.
c. Competent and credible witnesses must be
av ailable; PAP Rule for the First Responder
d. Physical ev idence must be identified o Preserv e human life
appropriately and the chain of its custody o Arrest the suspect if possible
established and its connection with the case o Protect the crime scene
shown; and
e. The whole must be presented in orderly and Basic Equipment
logical fashion.  Police line
 Marker
What is the Corpus Delicti, and what must it prove?  Camera with film
 Corpus delicti is the body of the crime or fact of  Ev idence collection kit
specific loss or injury sustained. Corpus delicti is  Video camera and tape recorder
prov en by showing the following:  Measuring device e.g. ruler and measuring tape
a. There exists a certain state of fact which  Flood lights, hand glov es, masks, eye goggles,
forms the basis of the criminal act charged; hairnet
and  Recording materials e.g. chalk, bond paper,
b. The existence of a criminal agency which pencil, clipboard, pentel pens
caused the state of facts to exist. It is
preferable that the state of fact should be Approaching the Crime Scene
established by direct and positiv e proof, but  Be alert for discarded ev idence
circumstantial ev idence will suffice it is  Make pertinent notes as to possible entry and
particularly clear and cogent. exit points of the perpetrator

Methodologies and modern techniques in crime scene Designation of a Command Post


investigation processing and preserving physical
evidence. Command Post- an area which, is ideally located
adjacent to the Crime Scene where the CSI Ev idence
CRIME SCENE INVESTIGATION Custodian stays and receiv es the pieces of ev idence
 It is the conduct of processes, more particularly, turned ov er to him for safekeeping by the other ev idence
the recognition, handling, preserv ation and collectors.
documentation of physical ev idence to include
the identification and interview of witnesses and Initiation of Preliminary Survey
the arrest of suspect/s at the crime scene.  Makes a general assessment
 Takes a cautious walk- through
Cardinal Rule in Crime Scene Investigation  Takes down extensiv e note to document
 Do not touch or mov e anything in the crime important factors
scene unless it has been properly photograph,  Establishes the ev idence most likely to be
sketch and recorded. encountered
 Defines the extent of the search area
MAC Rule  Determines the personnel and equipment
 Do not Mov e, Alter, Change the crime scene needed, and makes specific assignments

What Constitute a Crime Scene? From his assessments, he dev elops a general theory of the
A. The crime scene can be understood to include crime scene.
all areas in which the criminal, any possible victim
and any eyewitness mov e during the time the Remov able inferences about what happened are
crime was committed. produced from the crime scene appearance and
B. The boundaries must be established so that the information from what happened. These theories will giv e
entire crime scene can be effectiv ely preserv ed. the crime inv estigator to document specific conditions
C. In some crimes, howev er, the crime scene may and recognize v aluable physical ev idence.
actually comprise sev eral different sites.
Documentation of the Crime Scene - The photographer
Receipt of report of a Crime Incident begins taking photographs as soon as possible. The
ev idence collectors do not touch or mov ed any evidence
The Desk Officer shall: once it is located until it has been identified, measured
 Record the date and time the report/complaint and recorded.
was made, the identity of the person who made
the report, place of the incident and a synopsis Crime Scene Photography
of the incident.
 Inform his superior officer or the duty officer Main Objective - To create an accurate objectiv e v isual
regarding the report. record of the crime scene before any item is mov ed or
remov ed as possible physical ev idence.
Composition of the CSI Team
 Team Leader Guidelines for taking photographs of a Crime Scene
 Ev idence Collectors  Photographs of a crime scene should be taken
 City or Municipal/Health Officer as soon as possible, before note taking, sketching
 Crime Photographer or a search for ev idence begins.
 Sketcher/Measurer  The pictures should illustrate the original,
 Ev idence Custodian/Security Officer uncontaminated condition of the crime scene.
 Photographs should be taken of the crime scene
Security and Protection of the crime Scene only, without spectators or police personnel.
 To adequately present the crime scene initially,
First Responder - Must be able to properly preserv e the the photographs must form an organized
crime scene in order to get maximum scientific information sequence and show all relev ant locations and
that will help in the successful prosecution of the objects.
perpetrator of the crime.

Compendium of Crime Detection and Investigation (CDI)


 The crime scene photographs must progress from  Lights on/off
general to specific.  Newspaper on driv eway/in home
 Drapes pulled, on or shut
Three Major Types of Pictorial Views (at least four (4)
Photographs) Crime Scene Search
1. Long- range photograph of the ov erall scene  The search for physical ev idence is done using
(General View) the accepted methods of search depending
a. Distance: From the doorway to the upon the actual location to be searched.
room and other corners of the room  A crime scene search could only be started after
(Medium View) it has been photograph and sketched.
2. Mid- range photograph
a. Distance: Eight or ten feet from the Objectives of a Crime Scene Search
v ictim  To systematically look for physical ev idence that
3. Close- up photograph may prov e useful in establishing that a crime has
4. Extreme Close-up been committed.
a. Use in the laboratory  To determine what method of operation the
perpetrator may hav e used.
Crime Scene Sketches
 Sketches are useful in questioning of suspects Different Search Methods
and witnesses as well as in the writing of a. Strip- the searchers will proceed at the same
inv estigativ e reports. pace along the path parallel to one side of the
 A rough sketch is prepared indicating the actual rectangle.
measurement of things with scale and proportion b. Spiral- the searchers will follow each other in the
observ ed and oriented to the North Pole. path of a spiral, beginning in the outside and
 All necessary information is placed in the sketch. spiraling towards the center. Clockwise/ counter
clockwise.
Sketches are excellent companions to photograph. Where c. Zone- the area to be searched is div iding into
photograph provide exact details, sketches offer accurate four quadrants and each searcher is assigned to
information about the placement of objects and they one quadrant. (Quadrant Method)
show relationship and distances between things. d. Wheel- for area to be searched approximately
circular or ov al
Elements of sketch e. Point to point- searcher will stand in a straight
a. Measurement line and mov e forward together.
b. Compass direction
c. Essential items The Search
d. Scale and proportion  Before the actual search is done, the inv estigator
e. Legend must stand aside and make an estimate of the
f. Title situation. A certain area where there are no
possible traces of the crime may ne made as the
Specific kinds of sketch “headquarters”. Having formed the estimate, the
a. Locality- giv e picture of the scene, the crime inv estigator can now determine the number, kind
and its env irons, including neighboring buildings, and v iews of the photographs he wishes to be
roads etc. taken.
b. Ground- picture of the scene of the crime with  A plan for the search should be formed which will
its nearest physical surrounding. cov er all the grounds. Ev ery step of an
c. Details- the immediate scene only inv estigation must be undertaken with the
d. Exploded/ cross projection- giv es the clear thought of ultimate presentation in court. Notes
impression of the scene in cases where blood and measurements must supplement the
stains or bullet holes are found sketches and photographs.
 The basic guides for the inv estigator to look upon
Types of Measurements are ev idences to establish one or more of the
1. Rectangular coordinates method following:
2. Triangulation method
3. Baseline method Explain briefly the four (4) mechanics of search: illustrate
4. Compass point method each.
5. Cross projection method  If the area to be searched is limited indoors with
fewer contents or any other situation which will
Note Taking - Note taking must be a constant activ ity preclude a systematic search, no standard
throughout the processing of the crime scene. procedure of search is recommended. Any
method of choice will do, prov ided that
Notes must include: alertness, knowledge and experience of the
 Detailed written description of the Crime Scene participating inv estigators are present.
with locations of physical ev idence receiv ed  If the area to be search is quite extensive, a more
 The time when the physical ev idence was systematic scheme of approach is
discov ered recommended. The following are the different
 The person who discov ered and collected methods of search:
physical ev idence
 How the ev idence was packaged and marked Strip Method - The searchers (A, B, & C) proceed slowly at
 The disposition of the item when it was collected the same pace along the path parallel to one side of the
rectangle. T the end of the rectangle, the searcher turns
Documentation - This documentation are made by the and proceeds back along new lanes but parallel to the
crime scene inv estigator for purposes of future crime first mov ement.
scene reconstruction which help the prosecutor and the
judge understand conditions at the crime scene. Spiral method - The searchers follow each other in the
path of a spiral, beginning in the outside and spiralling in
Narrative Report - Represent scene in a general to specific towards the center. (Fig.3)
scheme, consider structured factors such as: lights on/off,
newspaper on driveway/in house, drapes pulled, open or Zone Method - The area to be searched is div ided into
shut. This written record could serv e as the only source of quadrants and each searcher is assigned to one
info for refreshing one’s memory month or years after a quadrant. (Fig. 4)
crime has been processed.
Wheel Method - If the area to be searched is
Preparation of Narrative Report approximately circular or ov al, the wheel method may be
The team leader uses the systematic approach in making used. The searchers gather at the center and proceed
a narrativ e report. outward along radio or spokes. (Fig. 5)
1. Represent Crime Scene in a general to specific  The principal drawback of this method is that the
scheme. distance between searchers increases as they
2. Includes structural factors such as: depart from the center.

Compendium of Crime Detection and Investigation (CDI)


 The inv estigator must see to it that the search Release of the Crime Scene - The release of the crime
made with the employment of any of the abov e scene is done if the inv estigator is satisfied that all pieces
methods must be thorough. of ev idence have been recov ered. Thus, the inv estigator
 The discov ery of any physical ev idence in the must ev aluate the items recov ered from the results of the
course of the search must be collected and interrogations of the suspect/s and the interv iew of the
preserv ed without specific regard of their relation witnesses. He must bear in mind that upon the formal
to the crime. release of the crime scene to the proper authority, the
warrant is already required for his re- entry to the crime
o Basically, a searcher must primarily scene.
concentrate on the following types of
evidence. TOOLS OF INVESTIGATION
1. Those which establish the element
of proof that the crime was INFORMATION - It is the knowledge/ data which an
committed; inv estigator acquires from records and persons. Regular
2. Those which may serv e to trace the source is acquired from open sources, records, files,
criminal. cultivated source are information furnished by informants/
informers, Grapevine source are information giv en by the
What is meant by reconstruction of the crime? - After underworld characters such as prisoners or criminals.
completion of the search, an effort must be made to
determine from the appearance of the place and its INTERVIEW - Is a conv ersation with a purpose, motiv ated
objects what actually occurred and what the by a desire to obtain certain information from the person
circumstances of a crime were. This is known as being interv iewed as to what was done, seen, felt, heard,
reconstructing the crime. tasted, smell or known.

What are the kinds of reconstruction? Explain each. This is the questioning of a person believ ed to possess
a. Physical Reconstruction—the physical knowledge that is in official interest to the inv estigator.
appearance of the crime scene is reconstructed
from the description of witnesses and the BASIC ASSUMPTIONS - Nobody has to talk to law enforcers.
indication of the physical ev idence. No law compels a person to talk to the police if he does
b. Mental Reconstruction—from the physical not want to. Therefore, people will have to be persuaded,
reconstruction, some conclusions can be made always within legal and ethical limits, to talk to law
concerning the consistency of the accounts of enforcers.
v arious witnesses. No assumption should be
made concerning actions which are not This makes interviewing an art.
supported by ev idences. The final theory
dev eloped by the investigator should prov ide a I.R.O.N.I.C. FORMAT
line of inv estigativ e action.  The interv iew of a witness can be described by its
acronym ‘IRONIC’ which stands for Identity,
What is the equipment’s used in the search? Rapport, Opening Statement, Narration, Inquiry,
a. Searching tools—flashlights, magnifier and conclusion.
b. Sketching Instruments— o Identity—prior to the commencement of
a) Measuring dev ices-compass, steel tape, an interv iew, the inv estigator should
ruler identify himself to the subject by name,
b) Recording materials-chalk, graphing rank and agency. Except when there is no
paper, sketching pad, clip board, paper need to know the officer’s identity.
pad for note taking. o Rapport—it is good to get the positiv e
c) Collection of ev idences-cutting fliers, feeling of the subject towards the
fingerprinting equipments. inv estigators, such friendly atmosphere is a
c. Preserv ation of ev idence— v ital for both the subject and the
1. Container-bottles, env elopes, test tubes, inv estigator to hav e a better interaction.
pins, and thumb tacks. o Opening Statement — the inv estigator
2. Label and seal-ev idence tags, gummed must hav e to indicate why the subject is
labels, sealing wax and grease pencil. being contracted.
o Narration — the witness should be allowed
Collection of Physical Evidence to tell all he knows with little interruptions
 The competence to recognize and properly from the inv estigator.
collect physical ev idence is critical to both o Inquiry — after all information hav e been
solv ing and prosecuting crimes. giv en by the subject, that is the time for
 The team leader is always informed of significant the inv estigator to as question to clarify
ev idence located. him about the case under inv estigation.
 The ev idence collectors shall put his initial, o Conclusions — after the interview, it is but
location and date of collection on the item and proper to close the interv iew with outmost
turn it ov er to the ev idence custodian for courtesy and thanking the subject for his
documentation and safekeeping. cooperation.

Physical Evidence - these are the articles and materials What are the rules to be observed in questioning?
which re found in connection with the inv estigation and a. One question at a time
aid in establishing the identity of the suspect. b. Av oiding implied answer
c. Simplicity of the questions
What are the procedures needed for the care of physical d. Sav ing faces
evidence? e. Av oid close ended questions (yes or no)
f. Positiv e attitude
In order to introduce physical ev idence in court, three
important factors must be considered: INTERROGATION - Interrogation is a questioning of a
a. The article must be properly identified person suspected if hav ing committed an offense or a
b. Chain of custody must be prov ed person who is reluctant to make full disclosure of
c. The ev idence must be material and relev ant information in his possession which is pertinent to the
inv estigation.
What is chain of custody? - It is the number of persons who
handle the ev idence between the time of the commission What are the purposes of Interrogation? (FARAC)
of the offense and the ultimate disposition of the case and A. To learn the Facts of the crime
should be kept to minimum. B. To induce the suspect to make Admission
C. To dev elop information which will lead to the
Recov ery of the fruits of the crime
Conduct of Final Survey - The team leader makes a final D. To learn the identity of the Accomplice
rev iew on the crime scene to determine whether or not E. To obtain Confession to the crime
the processing has been completed. F. To discov er the details of other crimes
participated by the suspect

Compendium of Crime Detection and Investigation (CDI)


What should be the attitude of the interrogator? Mutt and Jeff (Two (2) agents are employed)
a. Dominate the interv iew 1. Mutt, the relentless inv estigator, who is not going
b. Av oid distracting mannerism to waste any time because he knows the
c. Language subject, is guilty.
d. Dress 2. Jeff, on the other hand, is obv iously a kind-
e. Preliminary conduct hearted man.
f. Presence of other person
g. Place Bluff on a Split Pair - This is applicable when there are more
than one suspect. The suspects are separated and one is
Description of the interrogation room informed that other has talked.
a. Priv acy can be achiev ed by hav ing one door,
absence of windows, soundproof wall, and Pretense of Physical Evidence - The inv estigator may
telephone without ringing bell. pretend that certain physical ev idence has found by
b. Simplicity- medium size room, bare walls, no laboratory experts against him.
glaring lights, minimum furniture.
c. Seating arrangement- straight back chair for the Jolting - Maybe applied to calm and nerv ous subjects. By
suspect, table with flat surface, the back of the constantly observ ing the suspects, the inv estigator
suspect must be facing the door. chooses a propitious moment to shout a pertinent
d. Technical aid- installation of recording dev ice question and appear as though he is beside himself with
and one- way mirror. rage. The subject maybe unnerv ed to the extent of
confessing.
Legal requirements of interrogation - The statement of the
subject must be obtained v oluntary and trustworthy and Philosophy of Interview and Interrogation:
not by means or use of threat, fear, coercion, duress or The RIGHT officer asking the RIGHT questions in the RIGHT
any improper tactics which will v itiate the free will of the manner at the RIGHT time and in the RIGHT place will get
subject. Remember RA 7438. the RIGHT answers.

General Suggestions Regarding the Interrogation of Instrumentation - It is the application of instruments and
Criminal Suspects methods of physical science to the detection of crimes. In
cases where there are no significant physical ev idence to
1. Interv iew the v ictim, the accuser, or the be found, then the use of instrumentation is relativ ely
discov erer of the crime before interrogating the unimportant.
suspects.
2. Be patient and persistent. Nev er conclude an What are the ways of identifying the criminals?
interrogation at a time when you feel a. By confession and admission
discouraged and ready to giv e up; continue for b. Eyewitness
a little while longer. c. Circumstantial ev idence
3. Make no promises when asked, “What will d. Associativ e ev idence
happen to me if I tell the truth?”
4. View with skepticism the so-called conscience- Confession—it is the declaration of an accused
stricken confession. expressing/acknowledging his guilt of the offense
5. When a subject has made a repeated denials of charged.
guilt to prev ious inv estigators, first question him,
whenev er circumstances permit, abut some Effects of confession:
other unrelated offense of a similar nature of a) May be giv en in evidence against him in the
which he is also considered to be guilty. inv estigation or trial of the offense with
6. An unintelligent, uneducated criminal suspect, which he is charged; and
with low cultural background should be b) May be giv en to prov e the guilt of his
interrogated on a psychological lev el compared companions but it will pass a lot of
to that usually employed in the questioning of a argumentation and debate.
child.
Types of Confession
INTERROGATION TECHNIQUES 1. Judicial Confession - Made by the suspect/
accused in open court
1. Emotional Appeal 2. Extra- Judicial Confession - This kind of confession
o Place the subject in the proper frame of is inadmissible unless corroborated by proof of
mind. The inv estigator should prov ide corpus delicti. The confession to be admissible, it
emotional stimuli that will prompt the must be v oluntary, in writing and made with the
subject to unburden himself by confiding. assistance of a counsel of his own choice with
o Analyze the subject’s personality and full understanding of the consequence of such
decide what motiv ation would prompt confession.( get separate for separate crimes).
him to tell the truth, and then prov ide
those motiv es through appropriate Admission - An admission is a self-incriminatory statement
emotional appeals. by the subject falling short of an acknowledgement of
2. Sympathetic appeal guilt. It is an acknowledgement of a fact or circumstances
o The suspect may feel the need for from which guilt maybe inferred. It implicates but does not
sympathy or friendship. incriminate. It is also an acknowledgment that a fact,
o He is apparently in trouble. Gestures of action or circumstances are true which strongly infer or
friendship may win his cooperation. directly admit guilt but lacks the detail of the elements of
3. Kindness the crime.
o The simplest technique is to assume that
the suspect will confess if he is treated in a What are the two kinds of criminals?
kind and friendly manner. a. Known fugitiv e
4. Extenuation (not the most guilty) b. Unknown fugitiv e
o The inv estigator indicates he does not
consider his subject’s indiscretion a grav e Methods of Identification by witness
offense. a. Verbal Description
5. Shifting the blame (napasama ka lang) b. Photographic files (Rogues Gallery)
o The interrogator makes clear his belief that c. General Photograph
the subject is obv iously not the sort of d. Artist sketch (Composite Criminal illustration)
person who usually gets mixed up in a
crime like this. The value of identification by eyewitness depends on:
o The interrogator could tell from the start a. The ability to observ e and remember distinct
that he was not dealing with a fellow who appearance of the suspect;
is a criminal by nature and choice. b. Prev ailing condition of v isibility
c. The lapse of time

Compendium of Crime Detection and Investigation (CDI)


What are the procedures of identification by eyewitness?  Binoculars are generally essentially equipment of
a. Physical line- up- means of selecting a the plants, as they facilitate positive identification
suspect from a group of innocent persons of person entering or leav ing the place under
usually composed of sev en to ten persons. and observ ation.
The purpose of line- up is to eliminate the  A still or v ideo camera with telephoto lens can
power of suggestion. also be used effectiv ely.
b. Physical show- up- only one person is  Agents should take careful notes of what they
shown to the witness usually at the scene of observ e and should record detailed descriptions
the crime and made immediately after the of all indiv iduals entering the target.
arrest of the suspect.  A chronological log is usually the best of
recording pertinent occurrences.
Circumstantial evidence- facts or circumstances from
which, either alone or in connection with other facts, the Shadowing - the act of following a person. Depends on
identity of the person can be inferred. the number of Surv eillant available, v olume of pedestrian
What must be inferred to prov e identity by circumstantial traffic and importance of concealing the surv eillance.
ev idence?
a. Motive - what induces the person to act Methods of shadowing
b. Intent - the result or accomplishment of the a. One man - Extremely difficult and should be
act av oided, if unavoidable keep subject in v iew at
c. Opportunity - the physical possibility that all times.
the suspect could hav e committed the b. Two man - two agents are employed to follow
crime the subject.
c. ABC method - reduces the risk of losing the
What is associative evidence? - These are the pieces of subject, affords greater security agents
ev idence that will link the suspect to the crime scene. The detection
suspect may leav e some clues at the scene such as d. Progressive/ Leap frog method - poor chances
weapons, tools, garments or prints. of obtaining good results, agents are stations at
a fixed point assuming that subject followed the
What is corpus delicti? - It is the body of the crime or fact same general route each day.
of specific loss or injury sustained. e. Combined foot - auto surveillance -
employment of Surv eillant on foot and agents in
Explain the meaning and importance of modus operandi? an automobile.
- Modus operandi means the method of operations. It
enables the inv estigators to recognize a pattern of What are the things should be avoided during shadowing?
criminal behavior, to predict, approximate the next target a. Don’t meet the eye of the subject
of the criminals and to assist complainants to recognize b. Don’t adopt a slinking, sleuthing, creeping
the suspect by means of recorded information concerning manner
the characteristics of criminal activ ities. c. Don’t wear story book disguises
d. Don’t carry noticeable items
Informant- is a person who giv es information to the police. e. Don’t greet fellow agents
(T – Thank You) f. Don’t make notations ostensiv e
What are the different types of informant?
a. Anonymous- Do not wish to be identified How to detect foot surveillance?
b. Rival- elimination- eliminate competition A subject who is suspicious of being under surv eillance
c. False - no v alue may resort to trickery in order to v erify his suspicion. When
d. Frightened - motiv ated by anxiety a subject resort to such trickery, it is good policy to change
e. Self-aggrandizing - hangs about the fringes agents, for the suspect may have ‘spotted’ one or more of
of the criminals his Surv eillant.
f. Mercenary - sell information a. stopping abruptly and looking back
g. Double crosser - to get more information b. casually looking around
h. Woman - most dangerous specie c. rev ersing course/retracing steps
i. Legitimate - operators of legit business d. boarding bus and alighting just before they start
e. riding short distance on bus
What are the motives of informant in giving information? f. circling the block on a taxi
a. Vanity g. entering a building and leaving immediately v ia
b. Civ ic-mindedness another exit
c. Fear h. stopping abruptly after turning a corner
d. Repentance i. using conv oys
e. Av oidance of punishment j. Watching reflection in shop windows.
f. Competition k. Walking slowly and rapidly at alternate interv als
g. Rev enge l. Dropping a piece of papers to see if anyone
h. Jealousy retriev es it
i. Remuneration m. Stopping to tie a shoe string, meanwhile looking
around for Surv eillant
Surveillance - it is the secret observ ation of places, n. Arranging with a friend in a shop, stores or other
persons, and v ehicles for the purpose of obtaining places to watch for surv eillants.
information concerning the identities or activ ities of the
subject. How to elude foot surveillance?
a. Surv eillance of Place (fixed/ stake- out) Common method to elude foot surv eillance and which
b. Shadowing surv eillants must be prepared and guard against; are the
c. Roping following
a. Jumping off a bus, trains just as the doors are
How to conduct surveillance of place? about to close.
 A careful surv ey of the surrounding area should b. Leav ing a building through the rear or side exits.
be made. The character of the neighborhood, c. Losing one self in crowds
residents and transient should be noted. d. Entering theaters and leav ing immediately
 The observ ation point should be selected through an exit
properly. e. Pointing out one surv eillant to a police to a
 When observ ation is conducted from a ‘plant’, generally require the agent to explain his action
surv eillance agents must be extremely careful f. Using decoys
not to rev eal their true activ ity. Observation may g. Taking the last taxi at a stand
be made through a window or other aperture so h. Changing clothing.
as to be unnoticed from the outside.
 Venetian blinds afford the best cov erage, but Automobile surveillance - The methods of auto
may appear to be out of place of some surv eillance to be used depends upon the numbers and
buildings. An alternativ e is to lower the roller of type of surv eillance v ehicles av ailable, the v olume of
draw shades another inch from the window. v ehicular traffic in the area, the importance of concealing
the surv eillance from the subject, and the subject’s

Compendium of Crime Detection and Investigation (CDI)


estimated ability to detect and elude surv eillance. At all b. Preferably single and unmarried
times each v ehicle should be occupied by at least two c. Thorough knowledge of the language or
agents; one to concentrate on driv ing, and the other to dialect spoken in the area of operation.
observ e, take notes, operate radio equipment, or to
dismount and continue the surv eillance on foot. Operational Security Guidelines on Undercover
Assignments.
How to detect automobile surveillance? a. The agent’s appearance must be inconspicuous.
As in the case of foot surv eillance, a subject who believ es b. The SUBJECT should cultiv ate the AGENT, rather
he is being followed may resort to trickery in order to v erify than the rev erse.
his suspicions. Some of the common tricks employed: c. Analyze SUBJECT and appeal to his ego, v anity
a. Alternate fast and slow driv ing and interest.
b. Driv ing into dead-end streets d. Obtain SUBJECT’S confidence.(Rapport)
c. Frequency parking e. Play along with the SUBJECT’S plan.
d. Committing flagrant traffic on one way streets, f. Don’t be impatient, ov er-anxious, or too eager.
and running through red lights. g. Don’t displayed more interest in statements or
e. Stopping suddenly around curv es or corners actions of the SUBJECT and of the SUBJECT’S
f. Pulling into driv eways associates than is compatible with the cov er
g. Speeding up a hill, and then coasting slowly story.
down. h. Don’t betray knowledge of the SUBJECT’S
background which was gained from the
How to elude automobile surveillance? preliminary inv estigation. Or files.
a. Committing traffic v iolations i. Don’t get inv olv ed with SUBJECT’S girlfriend.
b. Using double entrances to driveways; in one and j. Don’t let any relations with SUBJECT incur enmity,
out the other. env y or jealousy of the SUBJECT’S associates.
c. Curbing through parking lots k. Don’t become unnecessarily friendly with
d. Driv ing through congested areas women.
e. Deserting the v ehicle behind blind curv es or l. Don’t ov eract the cover story. Don’t rev eal more
corners, but permitting the drivers to driv e on as a cov er story details than necessary.
decoy. m. Don’t carry weapons unless told to do so.
n. Don’t make unexplainable trips or phone calls.
Undercover- is a form of inv estigation in which the o. Don’t maintain contacts with personal friends or
inv estigator assumes a different and unofficial identity in relativ es.
order to obtain information. p. Don’t display money more than the amount
 Consider using an undercov er operation only prov ided for by the cov er story.
when conv entional inv estigativ e techniques q. Don’t rev eal the true identity unless is a part of
hav e not been effective or are not practical. Use preconceiv ed plan.
of police personnel, as undercov er agent is an r. Don’t drink intoxicating bev erages if it can be
ethical approach to the problem of securing av oided.
information about criminal operations from the s. Don’t assumes the ‘big shot’ attitude. An
inside. It is surv eillance from a position of outstanding characteristics will bring the AGENT
adv antage. It is dangerous work, but often under scrutiny.
preferable to using an underworld informant- t. Beware of entrapment
probably the only other source of such
information. Undercov er agents make excellent REMEMBER: THE COMPROMISE OF YOUR TRUE IDENTITY
witnesses, unlike the underworld informants COULD ENDANGER YOUR LIFE OR COMPROMISE THE
whose credibility can be attacked because of MISSION.
crime histories; the police agent is a person of
good reputation and character. Concepts, general and legal principles in affecting arrest,
searches and seizures;
Definitions
a. Undercov er- an inv estigativ e technique in ARREST
which the Agent’s/Investigator’s official identity
is concealed to accomplish an inv estigativ e SECTION 1. Define arrest – Arrest is the taking of a person
mission. into custody in order that he may be bound to answer for
b. Natural Cov er- using the indiv idual’s true the commission of an offense.
identity, occupation or profession.
c. Artificial Cov er- the manufacture of documents, SECTION 2. Arrest; how made – An arrest is made by an
false documents, passports, or forged actual restraint of the person to be arrested, or by his
documents. submission to the custody of the person making the arrest.
 No v iolence or unnecessary force shall be used in
What are the common types of places of assignment for making an arrest and the person arrested shall
undercover work? not be subject to any greater restrain than is
a. Neighborhood necessary for his detention.
b. Social
c. Organizational What constitutes restraint? - Under Section 2 abov e
d. Work mentioned the custody or control, the assumption of
which is inv olv ed in an arrest, imports actual restraint or
Penetration: detention. Accordingly, the mere utterances or words
a. Undercover operation techniques are applied indicativ e of an arrest, or mere v erbal proffer of the
continuously and not merely ov er a limited warrant or personal serv ice thereof is insufficient, except
period of time. when followed by a submission.
b. Initial penetration is concealed.
c. Access is created such that the agent is Who are those persons exempted from arrest?
accepted in to the target group or The following are persons exempted from arrest:
organization. 1) Members of the Senate and Congress. They
d. Effort is continued by the agent until he shall be priv ileged from arrest during their
acquires the desires placement or position, thus attendance a the session of the Congress or
gaining complete access to the objectiv e of Senate and in going to and returning from
the inv estigativ e effort. the same for offenses punishable by not
e. Penetration is exceedingly difficult, time more than six years imprisonment, and
consuming and most delicate form of 2) Under the principles of International Law
inv estigativ e activ ity, but often the most also exempt are foreign sov ereigns,
rewarding. ambassadors, ministers and persons
belonging to their official entourage.
Special Qualification of Undercover Agent:
a. Thorough knowledge of the area, the When may the use of force be justified?
people and customs were agent will  The employment of unnecessary or
operate. unreasonable force or greater restraint than

Compendium of Crime Detection and Investigation (CDI)


what is needed for the detention of the person his case is pending; or has escaped while
arrested is prohibited. Person authorized to make being transferred from one confinement to
arrest may, howev er, employ force or v iolence to another.
the extent of effectiv ely ov ercoming activ e
resistance to an arrest. And, it is not necessary In cases falling under paragraphs (a) and (b) hereof, the
that the person arrested make an actual attack person arrested without a warrant shall be forth with
upon his captor. His refusal to obey and deliv ered to the nearest police station or jail, and he shall
surrender, or an attempt to escape suffices the be proceeded against in accordance with Rule 112,
justification for the employment of force. (U.S. vs. Section 7.
Bert ucio, 1 Phil. 47)
What must be necessary in all cases wherein the law
SECTION 3. Duty of arresting officer – It shall be the duty of authorizes a peace officer to arrest without warrant?
the officer executing the warrant without unnecessary  In all the cases enumerated wherein the law
delay to arrest the accused and to deliv er him to the authorizes a peace officer to arrest without
nearest police station or jail. warrant, the officer making the arrest must hav e
personal knowledge that the person being
What is essential to make a warrant of arrest valid? arrested has committed, is actually committing,
 For a warrant of arrest to be v alid, it is essential or is about to commit an offenses in his presence
that the person to be arrested is identified by the or within his v iew, or of the time, place or
terms of the warrant. If ev er possible, the name circumstances which reasonably tend to show
and description of the person to be serv ed with a such breach of peace.
warrant of arrest must be inserted in it. Where the  The testimony of the officer on the commission of
name is unknown, the warrant must contain a the offense in his presence, or within his v iew by
description as will enable the officer to identify the person arrested, or on the facts and
the person to be serv ed. (People vs. Veloso, 48 circumstances that tended reasonably to show
Phil. 169) If it does not contain the name of the that said person had committed or was about to
defendant or any description of designation by commit an offense, would be sufficient basis for
which he could be known and identified as the the City Fiscal to file an information without
person sought, it is v oid. prejudice to his presenting the other ev idence
and witnesses, if any, at the trial to insure the
What is “John Doe” warrant? And what is necessary to conv iction of the defendant. (Sayo vs. Chief of
make a sufficient warrant? Police, 80 Phil. 875)
 A warrant issued upon an unnamed party is
called a “John Doe” warrant. It is necessary that What is the meaning of the phrase “commission of offense
the party should be sufficiently identified. Such a in the presence of a peace officer or a private person?”
warrant must contain the best description  An offense is committed in the presence or within
personae of the person to be apprehended; and the v iew of an officer within the meaning of the
this description must be sufficient to indicate the rule authorizing an arrest without warrant when
proper person upon whom the warrant is to be the officer sees the offense, although at a
serv ed. It should likewise state his personal distance, or hears the disturbance created
circumstances, appearance and peculiarities; thereby and proceeds at once to the scene
giv e his occupation and place of residence, and thereof; or the offense is continuing, or has not
any other circumstances by means of which he been consummated, at the time the arrest is
can be identified. (Whart on’s Criminal made. (U.S. vs. Samont e, 16 Phil. 516)
Procedure, pp. 51-56)
What is the basis for its legality of an arrest without
Does the power to arrest carry with is to confiscate articles warrant?
found in the person to be arrested? Explain.  In the case of U.S. v s. Sanchez, 12 Phil. 472, our
 An officer making an arrest has no right to Supreme Court held that the legality of the
confiscate any object found in the possession of detention does not depend upon the facts of
the party arrested unless 1) the object found in the crime, but upon the nature of the deed,
his possession was used in the commission of the wherefrom such characterization may
crime; or 2) was the fruit of the crime, or 3) which reasonably be inferred by the officer of
might furnish the prisoner with the means of functionary to whom the law at that moment
committing v iolence or of escaping; or 4) which leav es the decision for the urgent purpose of
may be used as ev idence in the trial of the case. suspending the liberty of the citizen. Good faith,
(Moreno vs. Ago Chi, 12 Phil. 439) therefore, absolves arresting officer from liability if
he arrest without warrant upon reasonable
When may irregularity in issuance of order of arrest be grounds. (U.S. vs. Sant os, 36 Phil. 442)
considered waived?
 Irregularity in the issuance of an order of arrest is May an escaped convict have the right to demand that a
waiv ed by posting of a bail bond. (Moreno vs. person arresting him be armed with a warrant?
Ago Chi, 12 Phil. 439)  Under paragraph (c) of Section 5, Rule 113, a
conv ict who evades sentence by escaping from
SEC. 4. Execution of warrant – The head of the office to the custody of a policeman or a penal institution
whom the warrant of arrest has been deliv ered for may be arrested without warrant by a peace
execution shall cause the warrant to be executed within officer or by a priv ate indiv idual. (Salonga vs.
ten (10) days from receipt thereof. Within ten (10) days Holland, 76 Phil. 412) An escaped conv ict,
after the expiration of such period, the officer to whom it therefore, has no right to demand that a person
was assigned for execution shall make a return to the arresting him be armed with a warrant. (Salonga
judge who issued the warrant and, in case of his failure to vs. Holland, 76 Phil. 412)
execute the same, shall state the reasons therefore. SEC. 6. Time of making arrest – An arrest may be made on
any day and at any time of the day or night.
SEC. 5. Arrest without warrant; when lawful - A peace
officer or a priv ate person may, without a warrant, arrest a SEC. 7. Method of arrest by officer by virtue of warrant –
person: When making an arrest by v irtue of a warrant the officer
a) When, in his presence, the person to be shall inform the person to be arrested of the cause of the
arrested has committed, is actually arrest and of the fact that a warrant has been issued for
committing, or is attempting to commit an his arrest, except when he flies or forcibly resists before the
offense; officer has opportunity to inform him or when the giv ing of
b) When an offense has in fact just been such information will imperil the arrest. The officer need
committed, and he has personal knowledge not hav e the warrant in his possession at the time of the
of facts indicating that the person to be arrest but after the arrest, if the person arrested so requires,
arrested has committed it; and the warrant shall be shown to him as soon as practicable.
c) When the person to be arrested is a prisoner In the method of arrest by officer by virtue of a warrant,
who has escaped from a penal does it mean that said officer must have the possession of
establishment or place where he is serv ing the warrant at the time of the arrest? Explain.
final judgment or temporarily confined while

Compendium of Crime Detection and Investigation (CDI)


Under Section 7, Rule 113, the officer need not hav e the on pursuit, he should, before making the arrest,
warrant in his possession at the time of the arrest but after notify the person to be arrested of the cause of
the arrest, if the person arrested so requires, the warrant the apprehension, but this duty is dispensed with
shall be shown to him as soon as practicable. when the person to be arrested knows of the
intention to arrest and the case thereof.
What the officer should do is to inform the person to be
arrested of the cause of the arrest and of the fact that a SEC. 11. Right of officer to break into building or enclosure
warrant has been issued for his arrest. This method of – An officer in order to make an arrest either by v irtue of a
arrest does not apply when the person to be arrested flies warrant or when authorized to make such arrest for an
or forcibly resists before the officer has opportunity to offense without a warrant, as prov ided in Section 5, may
inform him or when the giv ing of such information will break into any building or enclosure in which the person to
imperil the arrest. be arrested is or is reasonably believ ed to be, if he is
refused admittance thereto, after he has announced his
SEC. 8. Method of arrest by officer without warrant – When authority and purpose.
making an arrest without a warrant, the officer shall inform
the person to be arrested of his authority and the cause of What are the two instances when forcible entry of
the arrest, unless the person to be arrested is then dwellings or buildings is made by officer in order to effect
engaged in the commission of an offense or is pursued arrest?
immediately after its commission or after an escape, or
flees or forcibly resists before the officer has opportunity to The following are two instances when forcible entry of
inform him, or when the giv ing of such information will dwellings or buildings may be made by officer in order to
imperil the arrest. effect arrest:
1) An officer has authority to break open the outer
Distinguish the two methods of arrest provided for in or other doors of a dwelling house of the person
Sections 7 and 8 whose arrest is directed by the writ, and enter
The following are the two distinctions between these two and search the dwelling to arrest the offender,
methods of arrest: wov en though it is during the nighttime. This right
1) In section 7, when making an arrest by v irtue of to break the outer doors to make an arrest
a warrant, the officer shall inform the person to includes, of course, the right to break open doors
be arrested of the cause of the arrest and of of different rooms and chambers in the house to
the fact that a warrant has been issued for his make a thorough search of the premises.
arrest; while in Section 8, when making an
arrest without a warrant, the officer shall inform From this point it follows that an officer who has a warrant
the person to be arrested of his authority and for the arrest of a person in a house and who upon being
the cause of the arrest; and refused admittance breaks the door, cannot be
2) The method required in Section 7 does not considered as a trespasser ev en though, upon search, the
apply when the person to be arrested flees or defendant named in the process is not found or shown to
forcibly resists before the officer has the be in the dwelling at the time. It is not necessary that the
opportunity to inform him or when the giv ing of house the officer may hav e broken into, be the property
such information will imperil the arrest, while of the defendant; it is sufficient if it is a house in which, for
the method in Section 8, does not apply when the time being, he is dwelling in.
the person to be arrested is then engaged in 2) Arrest after escape or rescue without warrant –
the commission of an offense, or is pursued From the duty of an officer to hold his prisoner in
immediately after its commission or after an his custody flows the right to pursue those who
escape, or flees or forcibly resist before the illegally make their escape and while on fresh
officer has the opportunity to inform him, or pursuit he may arrest them without warrant, and
when the giv ing of such information will imperil may make search without a warrant of any
the arrest. premises in which he has reasonable ground to
believ e the prisoner is hiding for that purpose he
SEC. 9. Method of arrest by a private person – A priv ate may, after due demand for admission and
person when making an arrest shall inform the person to refusal, force an entry into the building or
be arrested of the intention to arrest him and cause of the premises to be searched.
arrest, unless the person to be arrested is then engaged in
the commission of an offense, or is pursued immediately Does a private person in making arrest, possess the right to
after its commission or after an escape, or flees or forcibly break into a building?
resists before the person making the arrest has opportunity  A priv ate person may justify breaking into and
to inform him, or when the giv ing of such information will entering another’s dwelling house if such
imperil the arrest. breaking is necessary for the purpose of making
an arrest for a felony or to prev ent the
What must be required for a private person to make commission of a felony.
arrests?
 The power of a priv ate person to arrest without When may notice of purpose and demand for admission
warrant is one that must be exercised in ut most necessary? Give exception, if any.
good fait h or else it would be an excuse for  It is a rule that an officer or a priv ate person,
v iolation of the individual liberties guaranteed in before breaking into and entering the house of
the Constitution. (People vs. Gala, CA-G.R. No. L- another to arrest a person, under a warrant of
13244-R, Dec. 15, 1955) arrest or order of arrest or for a crime or breach
of the peace where a warrant is not necessary,
SEC. 10. Officer may summon assistance – An officer should make known his purposes and demand
making a lawful arrest may orally summon as many admittance. One exception is, if a person
persons as he deems necessary to aid him in making the fortifies himself in his home with the av owed
arrest. Ev ery person so summoned by an officer shall aid intention of defying an arrest to the extent of
him in making such arrest, when he can render such aid shedding blood, notice of purpose and demand
without detriment to himself. for admission is not necessary.

What do you understand about an agent of authority? SEC. 12. Right to break out of building or enclosure to
 It has been held that the phrase an “agent of effect release – Whenev er an officer has entered the
authority” includes not only those persons who, building or enclosure in accordance with the prov isions of
by direct prov ision of law or by appointments of the preceding section, he may break out therefrom when
competent authority are charged with the necessary for the purpose of liberating himself.
maintenance of public order and the protection
and security of life and property, but also such SEC. 13. Arrest after escape or rescue – If a person lawfully
persons who come to their aid, prov ided they arrested escapes or is rescued, any person may
lend their assistance by v irtue of an order or immediately pursue or retake him without a warrant at any
request of such agent of authority. (People vs. time and in any place within the Philippines.
Gala, CA-G.R. No. L-13244-R, Dec. 15, 1955)
 In effect, where a priv ate person makes an arrest SEC. 14. Right of attorney or relative to visit person arrested
for an offense not committed in his presence or – any member of the bar shall, at the request of the

Compendium of Crime Detection and Investigation (CDI)


person arrested or of another acting in his behalf, hav e SEC. 9. Validity of the Search Warrant – A search warrant
the right to v isit and confer priv ately with such person, in shall be v alid for ten (10) days from its date. Thereafter it
the jail or any other place of custody at any hour of the shall be v oid.
day or, in urgent cases, of the night. This right shall also be
exercised by any relative of the person arrested subject to SEC. 10. Receipt for the property seized – The officer
reasonable regulation. seizing property under the arrest must giv e a detailed
receipt for the same to the person on whom or in whose
SEARCHES AND SEIZURES possession it was found, or in the absence of any person,
Article III, Sec. 1, No. 3 Bill of Rights, must in the presence of at least one witness, leav e a
receipt in the place in which he found the seized property.
PHILIPPINE CONSTITUTION
 The right of the people to be secured in their SEC. 11. Delivery of property and inventory thereof to
persons, houses, papers, and effects against court – The officers must forthwith deliv er the property to
unreasonable searches and seizures shall not be the municipal or judge of a City Court of the Court of First
v iolated and the warrant shall be issued upon Instance who issued the warrant, together with a true
probable causes to be determined by the judge inv entory thereof duly v erified by oath.
after examination under oath or affirmation of
the complainant and the witnesses, he may SECT. 12. Search without a Warrant of person(s) arrested –
produce, and particularly describing the place A person charged with an offense maybe searched for
to be searched, and the person or things to be dangerous weapons or anything which maybe used as
seized. proof of the commission of the offense.

Purposes of the Constitutional Provision Why is a search of a person conducted?


 The purpose is to prev ent violation of the priv ate A search of a person is conducted to discover weapons or
security on person and property, and unlawful ev idence(s) or to determine identity.
inv asion of the sanctity of the home by officers of
the law acting under legislativ e or judicial Define Seizure. - Seizure is the taking into custody of
sanction, and to giv e remedy against such property found by searching.
usurpations when attempted. (Adams vs. New 1. What are t he kinds of search?
York, 192, U.S., 585) a. Preliminary Search of a Person – This is
ordinarily made at the time and scene of
Search and Seizure, Rule 126, New Rules of Court in the an arrest. Its primary purposes are:
Philippines 1. To discov er concealed weapons; and
2. Seizure of incriminating ev idence which might
SECTION 1. Search Warrant Defined – A search warrant is otherwise be destroyed.
an order in writing and issued in the name of the people of
the Philippines; signed by a municipal or city judge and b. Complete Search – This is done at the
directed to a peace officer, commanding him to search place of detention wherein the subject is
for personal property and bring it before the court. stripped and clothing’s and other
possessions are thoroughly examined.
SEC. 2. Personal Property to be Seized – A search warrant
maybe issued for the search and seizure of the following 2. Give and explain each of t he Preliminary
personal property: Searchers.
a. Property subject of the offense. a. Wall Search – The prisoner is placed about
b. Property stolen or embezzled and other ten inches out or arms reach from the wall.
proceeds or fruits of the offense; and He is then made to lean forward against the
c. Property used or intended to be used as the wall with his head down. In this position, he is
means of committing an offense. off balance. If he mov es his hand from the
SEC. 3. Requisites for issuing a search warrant – A search wall, he will fall down. His loss of balance
warrant shall be issued only upon probable cause in prohibits any sudden mov ement or attempt
connection with one specific offense to be determined by to strike a blow.
the municipal or city judge after examination under oath b. Position – A subject to be placed in position
or affirmation of the complaint and the witnesses he may for a wall search is first ordered to face the
produce, and particularly describing the place to be wall with his feet approximately one yard
searched and the persons or things to be seized. from the wall. During the operation, the
inv estigator stands well in the back of the
SEC. 4. Examination of the Applicant – The municipal or subject cov ering him with a fireman. When
city judge must, before issuing the warrant, personally the subject is in a leaning position, his feet are
examine on the oath or affirmation, the complainant and forced another 12 inches from the wall so that
any witnesses he may produce and take their depositions without support from the wall, he would fall
in writing and attach them to the record, in addition to down. The subject is ordered to keep his
any affidav its presented to him. head down during the search
c. Technique – To prev ent any sudden
SEC. 5. Issuance and Form of a Search Warrant – If the mov ement on the part of the subject, the
municipal or city judge is thereupon satisfied of the searcher places his leg in front of the subject’s
existence of facts upon which the application is based, or right leg. To search the left side, he places his
that there is probable cause to believe that exists, he must right leg in front of the subject’s left leg. In this
issue the warrant which must be substantially in the form position, the subject is easily tripped if he
prescribed by these rules. attempts a sudden mov ement.

SEC. 6. Right to break door or window to effect search – To search the right side of the subject, the inv estigator
The officer, if refused admittance to the place of directed places his gun on his left hand and searches with his right
search, after giv ing notice of his purpose and authority, hand. For the left side, the left hand is used with the gun in
may break any outer or inner door or window of a house his right hand.
or any part of a house or anything therein to execute the
warrant or liberate himself or any person lawfully aiding The following are the steps to be followed in a methodical
him when unlawfully detained therein. search:
1. Remov e the subject’s hat, examine it, and
SEC. 7. Search of a house, room or premises to be made replace it.
in the presence of witnesses – No search of a house; room 2. Feel along the back from the area between
or any other premises shall be made except in the the shoulder to the waist and up to the right
presence of at least one (1) competent witness, resident armpit. (The left armpit is searched later after
of the neighborhood. shifting to the left side).
SEC. 8. Time of making the Search – The warrant directs 3. Run the hand firmly along the right arm to the
that if it is serv ed in the daytime. Unless the affidavit asserts fingers, continuously.
that the property is on the person or in the place ordered 4. Feel the throat, chest and waist on the
to be searched, in which case a direction maybe inserted appropriate side.
that it be serv ed at any time of the day or night. 5. Empty the watch pocket.

Compendium of Crime Detection and Investigation (CDI)


6. Empty all other pockets. e. Articles of ev idence that may use to support
7. Examine for false pocket(s). charges against the subject (papers, maps,
8. Empty the trouser pockets on the side and sketches, documents, names, etc.)
back.
9. Search the crotch areas. Legal and moral consideration to be observed during
10. Feel down the inside of the leg to the ankle. custodial investigation.
11. Search the trouser cuffs, sock and shoe
opening. MIRANDA DOCTRINE: (Ernesto Miranda)
12. Feel the outside of the leg.  The origin is of America jurisprudence, Mr.
Miranda, a Latino was accused of a serious
After completing the search on one side, the inv estigator offense somewhere in the state of Arizona. He
step back, shifts his gun to the other hand, and proceeds was interrogated exhaustedly by the Arizona
to search the other side. Police leading to his confession. Based on his
a. Kneeling Search – This is used where no wall confession, he was charged, tried and
or upright object is av ailable for the wall conv icted. Appeal of his conv iction was made
search. The subject is required to kneel with before the Arizona Supreme Court but his
hands raised or secured behind him with conv iction was affirmed. The appeal was then
handcuffs. The search is that which is similar elev ated to the US Supreme Court where there
to the one used in the wall method. The was a rev ersal of the decision and he was
subject should be directed to remain acquitted on Constitutional grounds.
motionless and to face the front. The officer
should place one foot on the heel of the It was in this case, entitled Miranda vs. Arizona that the US
subject’s foot. Should the subject attempt to Supreme Court laid down the constitutional rights of the
resist, the inv estigator can pin the heel of the accused during the custodial interrogation. It was
subject to the ground. incorporated in our 1973 Constitution and later in the 1987
Constitution of the Philippines. This is known as the Miranda
b. Floor Search – The subject is in a prone Rule of Doctrine.
position, face down touching the ground,
with arms extended ov er his head. The RIGHT OF THE PERSON ARRESTED, DETAINED OR UNDER
inv estigator crouches at the side of the CUSTODIAL INVESTIGATION (RA 7438)
subject at the region of the waist of the a. The right to remain silent
subject. b. The right to hav e competent and independent
c. Standing Search – The subject is in a standing counsel, preferably of his own choice, who shall
position with feet apart and hands raised. at all-time be allowed to confer priv ately with the
The searcher stands to the rear and uses the person arrested, detained, or under custodial
techniques as in wall search. This method is inv estigation.
only applied or employed when there are c. If such person cannot afford the serv ice of his
two or more arresting officers. own counsel, he must be prov ided with a
competent and independent counsel by the
What are the two (2) restraining devices? inv estigating officer.
a. Handcuffs – this is the procedure of applying the d. Shall be allowed visits by or conferences with any
handcuff after the completion of the wall search: members of his immediate family, or any medical
1. While the assisting inv estigator is guarding the doctor or priest or religious minister chosen by
subject, the searching inv estigator returns his him or by any member of his immediate family or
weapon to the holster, and working from the by his counsel, or by any national non-
back of the subject, order the suspect to giv e his gov ernmental organization duly accredited by
right wrist, to which the inv estigator fastens one the Commission of Human Rights of by any
cuff. The searching inv estigator will then order international non-gov ernmental organization
the subject to place his right hand behind him. duly accredited by the Office of the President.
2. The subject is ordered to place his head against
the wall and put his other hand in the rear. The Note: Immediate Family includes:
second cuff is then placed. Spouse Fiancé or Fiancés Parent Child Brother Sister
Grandparent Grandchild Uncle Aunt Nephew Niece
If the subject is to be transported to a great distance, it is Guardian Ward
desirable to place the handcuffs in front and secure the
cuffs of his belt. THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICER
If there is more than one prisoner and there is only one pair
of handcuffs, one cuff is attached to one end and the Pursuant to Republic Act # 7438 prov ides, that any public
other to another subject. If there are four subjects, the officer or employee, or anyone acting under his order or in
chain of one pair of cuff can be placed through the other. his place, who arrested, detained or inv estigate any
 Ot her means of rest raint – If no handcuffs is person for the commission of an offense shall inform the
av ailable; the subject’s belt can be used. latter of the following, to wit:
Neckties or short pieces.
a. His rights as prov ided for under Republic Act 7438
Explain the Complete Search in a language known to and understood by him;
 If there is doubt as the thoroughness of the b. The custodial inv estigation report shall be
preliminary search, a second and a more reduced to writing.
thorough search should be made at the place of c. Before such report is signed, or thumb marked by
detention. the person arrested, detained or under custodial
 The subject should be required to remov e inv estigation who does not know how to read
clothings and place them on a table. The and write, it shall be read and adequately
subject should then be searched carefully. explained to him by his counsel or by the assisting
counsel prov ided by the inv estigating officer in
In the examination of the subject and his clothings, the language or dialect known to such arrested
particular attention must be giv en to the following: person, otherwise, such inv estigation report shall
a. Articles that might be used against the searcher be null and v oid and of no effect whatsoev er.
or to effect an escape (firearms, kniv es, knuckles, d. Any extra-judicial confession made must be in
explosiv es, etc.) writing and signed by such person in the
b. Articles that might be used by the subject to presence of his counsel or in latter’s absence,
commit suicide (poisons, razor, blade, glasses, upon a v alid waiv er, and in the presence of any
etc.) of the parents, elder brother and sister, his
c. Articles that constitute the fruit of the crime spouse, the municipal mayor, the municipal
(stolen properties, or properties of any type judge, district school superv isor, or priest or
suspected of hav ing been stolen). minister of the gospel as chosen by him;
d. Articles used in the commission of the crime. e. Any waiv er under the prov ision of Article 125 of
the Rev ised Penal code, or under custodial

Compendium of Crime Detection and Investigation (CDI)


inv estigation, shall be in writing and signed by  In Europe, horses were used to draw wheeled
such person in the presence of his counsel. v ehicles and for riding for sometime until the
introduction of mechanized v ehicles.
Note: In the absence of any lawyer, no custodial
inv estigation shall be conducted and the suspected Camel - There are two kinds of camel, the two-humped
person can only be detained by the investigating officer in bactirian of Central Asia and the one-humped dromedary
accordance with the prov ision of Article 125 of the Rev ise of Arabia hav e long been used for transport. The bactirian
Penal Code. camel has plodded along the carav ans routes between
China and Iran at least 2,000 years. It is also used to draw
TRAFFIC MANAGEMENT AND TRAFFIC INVESTIGATTION carts. The dromedary, which has less endurance but it is
fleeter and special fast-paced riding camel, is bred by
TRANSPORTATION the

 Mov ement of people and goods from one Llama - In pre-Columbian America, the Llama was the
location to another. only new world animal other than the dog capable of
 from the Latin word “Terans” meaning across or domestication for use in transport. In the high Andes, the
and mov e and “Port are” means to carry Llama was used as a pack animal by the Incas and their
Spanish conquerors, as it’s means of transportation by
ANCIENT MODES OF TRANSPORATATION modern Andean people.Arab nomads.

MANPOWER - Early man, who had no domesticated Donkey - the donkey or ass, first domesticated in the
animals, carried his own burdens. Manpower is important Middle East. Donkey caravans carry goods between the
in transportation in many parts of the world. cities of Southwest Asia and Egypt and the donkey is still
the chief beast of burden among farmers of the Near East,
Carrying Pole the Mediterranean Area and Mexico, where it was
 balanced on one shoulder is a popular carrying introduced from Spain.(Figure 15)
dev ice.
 the ends of the pole are supported by two men, Elephant - The Cathaginians used African elephant in their
with goods suspended from the pole in between. war against Rome but in recent centuries, these animals
hav e not been tamed. In India, elephants were formerly
Back Load and Tumpline used in war and are still employed to some extent for
 In many parts of the world, goods are carried on ceremonial processions and big game hunting. In Burma
the back. and Thailand, this huge animals are widely used in the
 pots are carried on a wooden framework lumber industry.(Figure 16 and 17)
supported by a tumpline across the forehead
 the load is held on the back by a strap passing WIND POWER - Man realized the energy from the mass
ov er the chest.(Figure 3) mov ing air and learned to utilize such powers to lift rather
to drag. This pav ed way to inv ention of air lifted
Sledge on rollers - the mov ing of heav y burdens was to transportation v essels
place them on sledge which rested on a series of rollers.
ANCIENT CHINESE KITE - Based on korean tradition, the
Sledge on runners - A simple sledge, probably man- kite was first used for transport when a Korean general
drawn, was in use at the end of the Old Stone Age in employed one in building bridge.
northern Europe, as ev idenced by fragments of wooden
runners which surv iv ed.(Figure 5) MONTGOLFIER BALLOON
 The Mongolfier brothers of France Joseph Michel
Travois - This trav ois, as the pole arrangement called, and Jacques Entienne hav e sucessfully released
serv es as a platform on which the burdens are sev eral balloons.
placed.(Figure 6)  The balloons constructed of linen and inflated
with hot air trav eled 9,000 yards and remained in
ANIMAL POWER - The domestication of animals greatly air for 20 minutes.
increased the potential power available for transportation.
Pack animals were introduced as conv eyances mainly to SANTOS DUMONT’S AIRSHIP
sav e labor. A man can tend sev eral pack animals mov ing  Alberto Santos Dumont, one of the pioneers of
together, each of which (except dogs) can carry more lighter-than-air craft.
than he usually can. Little adv antage in speed is gained  He built the first airship, he made a 30-minute
part of the animals’ carrying capacity is sacrificed. round trip flight between St. Louis and the Eiffel
Tower.
OX
 were used as draft animals to draw war chariots. LILIENTHAL GLIDER
 Oxen are still used as draft animals in many  Otto Lilienthal, a German inv entor
regions of the world. experiemented ornithopters.
 In some parts of Africa, they are used as pack  His chief work was with gliders. His glider flights
animals and for riding.(Figure 7 and 8) exert profound influence on the dev elopment of
av iation.
Reindeer - First domesticated in Siberia in the beginning of
Christian era. In Altai Mountains, they were ridden with WRIGHT BROTHERS FLYING MACHINE
saddles. Elsewhere, they draw sledges somewhat like the  Inspired by Lilienthal’s glider experiments
dog sledges of the far north.(Figure 9)  Orv ille and Wilbur Wright built biplane kite with
ov er 200 different wing types which they tested in
Dog - The first animal domesticated, is too slight to carry a wind tunnel of their own inv ention.
heav y loads. The plain Indians sometimes packed light  They conducted their first man-carrying powered
loads on dogs’ backs, and piled goods on trav ois which machine on Dec. 17, 1903 at Kitty Hawk, North
the dogs dragged. In the Far north, the dogs team Carolina.
drawing sledges are the chief means of transportation;
and in Europe, the dogs are used to draw small ROADS AND VEHICLES
carts.(Figure 10) WHEEL
 inv ented probably in Western Asia
YAK  one of man’s great inv entions
 A long-haired type of cattle that liv es at high  It enabled him to transport burdens beyond the
altitudes on the Tibetan plateau power oF man or animals to carry or drag, and
 used as a pack animal at heights were horses and permitted much greater facility of mov ements
ordinary animal could not surv iv e.(Figure 11)
THE ROMANS
HORSE  They brought road building to its highest point of
 Around 2,000 B.C., horse drawn chariots perfection in ancient times.
appeared in the southwest Asia and 1,000 years
later

Compendium of Crime Detection and Investigation (CDI)


 Roman road networks reached a total of about
50,000 miles (80, 000 km) with FEEDER roads 5 PILLARS OF TRAFFIC MANAGEMENT
branching out of the main highways
 It was costly because its deep foundation, 1. TRAFFIC ENFORCEMENT
formed by layer after heav y stones, was  taken by the traffic law enforcers and the count
necessary to make roads that would carry heavy to compel obedience to traffic laws and
traffic for many years. ordinances
 regulating the mov ement and use of motor
JOHN L. MACADAM - He adv ocated the theory of feeder v ehicle for the purpose of creating deterrence to
road building and perfected the macadamized road in unlawful behav ior by all potential v iolators
England about 1815.
TRAFFIC LAW ENFORCER - a person duly deputized by an
BICYCLE agency of gov ernment authorized by law to enforce
 Bicycles are cheap and easy to maintain traffic laws, rules and regulations
 1700, Earlist Bicycles “DandyHorse”.
 1865, Bicycles with pedals appeared AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC
 1883, “Penny Farthing” Bicycle.
A. Land Transportation Office (LTO)
MOTOR VEHICLE  Tasked to enforce laws, rules and regulation
ETIENNE LENOIR gov erning the registration of motor v ehicles,
 Frenchman, who made possible the introduction operation of motor v ehicle and traffic rules and
of motorized carriages regulation as prov ided by RA 4136 as amended.
 Inv ented the “INTERNAL COMBUSTION ENGINE”
in the 1860’s and 70’s. B. Land Transportation Franchising and Regulatory Board
(LTFRB)
NICOLAUS OTTO AND GOTTLIEB DAIMLER  tasked to regulate transport route
 They pioneered the manufacture of gas engines,  regulate franchising
and later they became successful automobile  prescribe fare rates
manufacturer.  inv estigate traffic cases
 perform judicial function
RUDOLF DIESEL  promulgate rules
 A German engineer, dev eloped an internal  impose and collect fees
combustion engine which is similar with the  formulate and enforce rules and regulation for
gasoline engine transport operation for promotion of safety and
 It requires no electrical ignition system or conv enience of public
carburetor and uses other form of liquid fuel, the  coordinate with concerned agencies and
diesel fuel. enforce E.O. NO 125,124-A and
o E.O. 202 dated June 19,1987
HENRY FORD
 introduced the MODEL T, whichwas prov ed so C. Department of Transportation and Communication
popular that by 1914, (DOTC) - in charge of planning programs coordinating
 Ford had adopted MASS PRODUCTION methods implementing and perform administrativ e function and
to meet the demand. promotion dev elopment and regulation of dependable
and coordinated network of transportation and
CANALS AND RAILWAYS communication in order to hav e fast, safe, efficient and
reliable postal transportation and communication serv ices
CANALS (EO No. 125.)
 a body of water used to be channel of sea
transportation D. Metro Manila Development Authority (MMDA) - Created
 the first canal was constructed by Engr. James under RA. 7924 and sets policies concerning traffic in
Brindley Metro Manila, coordinates and regulates implementation
of program related to traffic
RAILWAYS
 channel of transportation wherein a parallel line E. Traffic Management Group (TMG) - The basic serv ice of
of irons were used as roads the PNP tasked to direct and control traffic, perform
 the first railroad is the Stockton and Darlington accident inv estigation, enforce the laws and issue
line (1925) citations.

TRAFFIC MANAGEMENT F. Congress and Local Council - the branch of


gov ernment primarily tasked to create laws for the welfare
ORIGIN OF THE WORD TRAFFIC of the public

“TRAFICO” (Greco-Roman) and “TRAFRIGA” (Greek Word) G. Judiciary - the branch of gov ernment that interprets the
- mov ement of people that dates back from the dawns of law through adjudication of cases
history
“COMMERCIUM” (Latin) – Mov ement and control of goods FUNCTIONS OF TRAFFIC ENFORCEMENT
in transit.
A. POLICE TRAFFIC LAW ENFORCEMENT - the part
TRAFFIC performed by the police and other agencies with police
 Mov ement of persons, goods and v ehicles, either power including deterrent to law violations created by the
powered by animals or animal drawn v ehicles or presence of uniformed police officer and their special
by combustion system from one place to another equipment, special assistance to court and prosecutor
for the purpose of safe trav el. and incidental serv ice to highway users
 It refers to the mov ement of traffic units in a
traffic way. B. COURT TRAFFIC LAW ENFORCEMENT- performed by the
court through adjudication and penalization
MANAGEMENT - The skillful handling or controlling of C. POLICE COURT ENFORCEMENT PROCESS – It involv es fiv e
something successfully (5) essential steps.

TRAFFIC MANAGEMENT 1. DETECTION - wholly police activ ities and entails


 It is an executiv e function such as planning, looking for defects in the behav ior motorist,
organizing, Directing and superv ising, pedestrian, v ehicle, equipment and roadway
coordinating operating recording and budgeting condition.
traffic affairs 2. APPREHENSION - a police responsibility wherein the
 Is designed to make the traffic way safer for police are required action to prevent continued and
trav elers, expedite the mov ement of traffic, and future v iolation.
to prov ide conv enience to the traffic facilities’ 3. PROSECUTION - it is a court function, the police also
users. prov ides corresponding influence through

Compendium of Crime Detection and Investigation (CDI)


preparation and introduction of ev idence or close
contact with the prosecution office. OBJECTIVES:
4. ADJUDICATION - it is court function, the police  Deterrence of v iolators
prov ides influence on this step by as a witness to the  Detection and apprehension
prosecution by supplying additional ev idence. It  Observ ation and reporting of traffic condition
determines the guilt or innocence of the accused. and road condition
5. PENALIZATION - the imposition of penalty upon the  Prov iding certain serv ices to public
accused. Penalty can be influenced by prev ious
records of conv iction as prov ided by the police. TYPES OF PATROL
 Line patrol- it is assigned to a particular place
GOALS OF ENFORCEMENT ACTIVITIES  Area patrol- type of patrol assigned to an area of
v icinity
 Increase safety lev el
 Increase traffic efficiency TRAFFIC OBSERVATION
 Ensure harmony and comfortable env ironment  Stationary traffic observ ation - officer is assigned
 Maximize safety at specific place
 Conspicuous traffic observ ation - officer attracts
KINDS OF ENFORCEMENT ACTIONS attention
 Visible traffic observ ation - stationary observation
A. TRAFFIC ARREST - the taking of a person into that the observ er is in full v iew
custody of the law. It is made when:  concealed traffic observ ation - observ er is not
 the offense is serious; v isible to the public
 detection is needed to av oid continued
v iolation; and STOPPING AND APPROACHING TRAFFIC VIOLATORS
 There is reasonable doubt that v iolators  It must be done with consideration to safety of
may not appear in court. both parties engaging
B. TRAFFIC CITATION - Made to compel v iolators to  Upon approaching officer must be from the left
appear in court in absence of arrest. Ticket issued side from the rear, be alert
to an erring driv er apprehended for certain
v iolations in exchange of his confiscated driv er’s TRAFFIC SUPERVISION, DIRECTION AND CONTROL - an act
license for the period prov ided in the ticket. of ov erseeing the traffic to keep order on street and
highways within existing laws
TYPES OF TRAFFIC CITATION
 TEMPORARY OPERATOR’S PERMIT (TOP) POLICE WORKS
 Traffic citation used in the enforcement  Accident inv estigation
of traffic management measures (DOTC  Less serious offense
MC NO. 93 – 693) and other special  Serious traffic offense
laws by LTO Traffic law Enforcers (Flying
Squad) OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING
 Jurisdiction: Issuing Agency, Entire INSTANCES:
Philippines  Accident scene
 Validity: 72 hours, upon its issuance (RA  Emergencies
4136 as amended)  Planned and special ev ents
 Regular points and integration control
 TRAFFIC VIOLATIONS REPRT (TVR)  Directing pedestrian mov ement
 Traffic citation used in the enforcement
of traffic management measures OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE
MMDA Traffic Ordinances), Traffic FOLLOWING PLACES:
Operations Center (TOC)  Not signalized intersection
 Jurisdiction: Issuing Agency, Metro  Signalized intersection
Manila  Between intersection
 Validity: 72 hours upon its issuance (RA
7924) SUPERVISED ROUTE - A Street or highway on which traffic is
superv ised to some considerable degree
 ORDINANCE VIOLATIONS RECEIPT (OVR)
 Traffic citation used in the enforcement POLICE TRAFFIC DIRECTION - It inv olv es telling the public
of traffic management measures. The how and when they should not stand and mov e
city and/ or Municipal Traffic
Ordinances MTPB in case of Manila, POINT/ AREA CONTROL - It is the part of the traffic direction
Local Gov ernment officers concerning the control of v ehicular/ pedestrian
 Jurisdiction: Issuing Agency, The Local mov ement
Government
 Validity: 5 days upon its issuance (RA POLICE TRAFFIC ESCORT - It inv olv es mobile superv ision of
7160) traffic mov ement, directing orally and visually are done to
allow free and safe mov ement of escorted v ehicles.
C. TRAFFIC WARNING - an act reminding the driv er
of his v iolation in order for him to not do it again. TRAFFIC DIRECTION AND CONTROL - It is the control
No arrest or citation is made. direction of traffic units according to proportionate time to
prev ent traffic accident to maintain smooth flow of traffic.
TYPES OF WARNING
MEANS OF DIRECTING
 VISUAL WARNING  Signaling
 Usually used when you observ ed minor  Whistling
v iolation  Gestures
 Using gestures and signals.
HAND SIGNAL
 VERBAL WARNING
 Form of safety education  Use hand signals
 oral warning made when there is newly  Use uniform signals
enacted law  It must be clear
 WRITTEN WARNING  Don’t make v erbal
 Combination v erbal warning and  Be alert, stand erect
citation.  Look to the person when signaling
 It has more deterrence effect than  Arm signal should be shoulder high
v erbal warning  Supplement it with whistle
 Hang your hand when not in use
TRAFFIC PATROL - part of traffic superv ision by patrolling to  Constant wav ing of hands causes confusion
ensure public obedience  Maintain 90 degrees turn of the body

Compendium of Crime Detection and Investigation (CDI)


 When stopping point to a man you want to stop  Show that good police action and performance
 Hand signal should be with arm and palm facing makes engineering plans effectiv e
the person
APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING
WHISTLE SIGNAL  Habitually congested commercial areas
 Heav ily trav eled thoroughfares
 One long blast for STOP  Congested local areas and intersection
 Two short snappy blast for GO  Special occasion of ev ent
 Three blast to be used TO ASK FOR ASSISTANCE  Disaster or emergency
 School crossing
TECNIQUES IN TRAFFIC DIRECTION AND CONTROL
 Keep intersection open METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC
 Don’t all/ow motorist to cross without exit ENGINEERING
 Stop motorist at their lane
 Prefer to stop the last mov ing v ehicle  PLANNING AND GEOMETRIC DESIGN
 composition of traffic stream
TRAFFIC JAM - It is caused by such factors as v ehicular  traffic v olume and capacity
accident, stalled vehicle, absence of traffic enforcer and  origin and destination
road construction.  FACTORS INFLUENCING DESIGN
 traffic composition
PROCEDURES IN TRAFFIC JAM  traffic v olume
 Determine the cause  v ehicle speed
 In case of accident conduct fast inv estigation  mov ement of traffic
 In case of engine trouble assist the motorist in  performance v alue
pushing car to place  REGULATION AND CONTROL
 Establish oneself and conduct systematic flow of  Limited to public safety and conv enience
traffic  Limitation imposed on road users
 Observ e the traffic flow if it smooth, if not repeat  General rule of road use and conduct
procedure no. 1  speed
 Implement traffic regulation to prev ent jam  ov ertaking
 right of way
RESPONSIBILITIES OF TRAFFIC ENFORCER  lateral placement
 Enforce the law without fear or fav or and assist  pedestrian right and duty
public when needed  general rules on parking
 In an intersection, remember the following:  Prohibited and restriction
 personal safety of enforcer  one way regulation
 policeman’s v isibility  speed control
 v isibility of officers to traffic  curb parking control
 non obstruction to traffic  turning regulation
 ability to effect necessary control  stop rule
 Officer shall not leav e his post during tour of duty
without permission from higher authority. In case TRAFFIC CONTROL DEVICE
personal necessity he should notify the station.
 Respond immediately to emergency calls and A. ELEMENTARY REQUISITES
notify the station  They should Compel attention
 Be calm and control the temper ev en under  They should conv ey simple meaning at a
prov oking situation glance
 He should be in proper uniform  They should allow time for response
 In apprehending issue citation, and do it in one  They should command respect
minute
B. FUNDAMENTAL TRAITS
2. TRAFFIC ENGINEERING  design and outward aspect
 the science of measuring traffic and trav el, the  position and placement
study of basic laws relative to the traffic law and  maintenance and condition, appearance and
generation; the application of these knowledge v isibility
to the professional practice of planning,
deciding, and operating traffic system to C. TYPES OF TRAFFIC CONTROL DEVICE
achiev e safe and efficient transportation of  Traffic Signs – dev ice mounted or on a portable
persons and goods support where a message is conv eyed by means
 Defined as calculating manipulation or direction. of words or symbols.
It includes forecasting of future traffic demands.
CLASSES OF TRAFFIC SIGNS
AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING
 Danger Warning Signs - These signs are intended
Department of Public Works and Highways - has to warn road users of danger that lies ahead of
responsibility of determining traffic flow planning approval its nature.
of program and budget finding of construction and  Regulatory Signs - These are intended to warn
maintenance of road and instrument road users of special obligations, restrictions or
prohibition with which they must comply. It is
Local Public Works and Engineering Offices subdiv ided into three categories:
 local gov ernment units and instrumentalities that  Priority Signs - These are signs intended
hav e the same function as the DPWH to regulate priority ov er a particular
 perform such powers within their territorial road section or roadway intersection.
boundary  Prohibitory or Restrictive Signs - These
signs can be used on specified section
FUNCTIONS of the road which will be easily seen by
 Fact finding surv ey and recommendation of motorist to indicate regulation which is
traffic laws prohibitiv e or restrictiv e in nature.
 Supervision and maintenance of the application  Mandatory Signs - These signs are
of traffic dev ices intended to guide road users of special
 Planning of traffic regulation rules in which they must comply for the
safety, conv enience and smooth flow
OBJECTIVES of traffic.
 Achiev e free and efficient and rapid flow of  Informative Signs - These signs are intended to
traffic guide road users while trav eling, and are
 Prev ent traffic accident subdiv ided into:
 Promotion of traffic engineering  Advance Signs - These are the names
and distances of the principal

Compendium of Crime Detection and Investigation (CDI)


destination or destination serv ed by the 35 M 2.5 M
intersecting roads. 40+ M 3.0 M
 Direction Signs - direction signs shall be
placed at the right of intersection to SIGNS and PAVEMENT MARKINGS
show the direction and destination of a
route. INTERNATIONAL SIGN
 Place Identification Signs - These may be  Round and red; regulatory mov ement
used to show the frontier between two  Round black yellow sign, warning sign
countries or for the purpose of showing the  Equilateral triangle red sign, directing to yield the
beginning and/or end of built-up areas. right of way
 Octagon red and white, STOP
 Traffic light and pedestrian signals  Red triangle and black sign, approaching
danger zone
COLOR SIGNAL
 Red- stop PAVEMENT MARKINGS - Lines and symbols on roadways
 Amber- slowdown are used to warn and direct driv ers and to control the flow
 Green- go of traffic
 WHITE LANE LINES
TRAFFIC PHASE  White lane lines are white lines separating
 Split- Number Allocated to each Phase lanes of traffic mov ing in the same direction.
 Signal Cycle- Complete Sequence of signal Crossing of solid white line requires special
indication, Red, Yellow, Green care and is discouraged
 Signal Timing- Amount of time allocated to  A solid broken white line means passing to
signal indication the left or right is allowed provided the way is
 Cycle Time- Total time required for one clear.
signal express in seconds  YELLOW LANE LINES
 Yellow lane lines are div iding lines separating
SIGNAL SYSTEM traffic trav eling opposite directions
 A solid yellow line at the left lane means, it is
AIMS OF SIGNAL CONTROL not safe to pass
 Reduce traffic conflict and delay  A broken yellow line means passing is
 Reduce accident allowed if the way ahead and rear is clear.
 Economize police time  Solid double yellow lines at the left lane
mean it is unsafe to pass. Nev er cross it to
ADVANTAGES OF SIGNAL INSTALLATION pass another v ehicle. The line maybe crossed
 Made for well-ordered mov ement only to enter or leav e a driv eway or priv ate
 Reduce accident frequency road or to make a permitted "U" turn.
 Prov ide means of interpreting heav y traffic  Double-line with both broken and solid
 Economical ov er manual control at intersection markings. A double line consisting of a single
 Coordinating in prov iding continuous flow of broken yellow line parallel to a single solid
traffic yellow line is used to show a two-way road or
 Increase traffic capacity highway where passing is permitted on the
side of the broken line, but not on the side of
ROAD CLASSIFICATION the solid line. This type of marking is often
seen on two and three-lane roadways.
A. ACCORDING TO POLITICAL SUBDIVISION
 National road- right of way 20 to 120 meters KINDS OF LANE AND ITS USES
 Provincial road- link between to municipalities,
ROW from 15 to 60 meters A. Inner lane
 City road- interlink in the city, ROW not less than  For left turn only
15 meters  Fast or ov ertaking v ehicle
 Municipal road- within town proper ROW not less  Don’t ov erlap the lane at the left
than 10 meters B. Center Lane
 Barangay road- from market to town not less  For thru mov ing v ehicle
than 2 meters  Fast and ov ertaking v ehicle
C. Outer lane
B. ACCORDING TO FUNCTIONS  Slow mov ing v ehicle only.
 Feeder Roads - Intended for farm-to-market  Right turning v ehicle.
roads.  Stopping, loading or unloading v ehicle.
 Local Collector Roads - Intended to collect traffic
from feeder road to municipal road. 3. TRAFFIC EDUCATION
 Major Collector Roads - Intended as major  is priceless gem in the entire scale of social order of
arteries to collect inter-locality traffic to prov incial the road
road.  is the process of inculcating to an indiv idual the
 Major Highway - Serv es as main artery that caters knowledge, skill, responsibilities and v alues to
on big v olumes of v ehicular traffic on national become a fully dev eloped person
roadway.  the key to smooth traffic flow is discipline and to
 Expressway - A through traffic for free-flow of acquire discipline people must be educated
v ehicular mov ement.
 Tunnel Road - A passage of wide section cut AGENCIES INVOLVED IN TRAFFIC EDUCATION
through a hill or sea to shorten circuitous
roadway. SCHOOL
 Subway - An underground conduct running  Elementary - tasked to educate children to obey
entirely under the ground for fast trav el route of traffic rules through their programmed curricula
commuters.  Secondary - tasked to educate students in
 Skyway - A modern urban system of roadway obeying tha traffic rules by imposing school
abov e street lev el for free-flow traffic. policies intended for the welfare of the students
 Higher Education - they offer subjects on driv ing
SIDEWALK and traffic safety course or any allied subjects
 integral part of roadway
 Answer to the safety of pedestrians of any road PURPOSE OF DRIVER EDUCATION
hazards.  To Instill awareness of one's legal and moral
SIDEWALK WIDTH responsibilities in traffic; and
Right of Way Minimum Width sidewalk  To teach abilities required for one to be eligible for
10 M 1.0 to 1.2 M a driv er’s license.
15 M 1.2 to 1.5 M
20 M 2.0 M SAFETY CAMPAIGN
30 M 2.0 M

Compendium of Crime Detection and Investigation (CDI)


 the aim of this campaign is to make road users  Restriction Code No 5 - limited to driv e v ehicle
behav e properly with automatic clutch and weighing more than
 focuses on public information attitudes; this is 4500 kg
characterized as road propaganda
CLASSIFICATION OF VEHICLES
BIORHYTHM  PRIVATE – Not use hire under any circumstances
 the theory asserting that man exhibit constant  FOR HIRE - Vehicles cov ered by certificate of
v ariation of energy and mood states public conv enience or special permit issued by
The Environmental Factors in Man’s Theorized Cycles and LTFRB.
Interpretation of Biorhythm  GOVERNMENT- Vehicles owned by the Philippine
 The exchange of Light and darkness Gov ernment or nay of its political subdiv isions
 The four seasons  DIPLOMATIC – Vehicles owned by Foreign
 Wet and dry seasons gov ernment or their diplomatic officers in
 The waxing and waning of the moon Philippines

The Biorhythm Cycle DRIVER - Licensed operator of a v ehicle


 23 days of physical cycle
 28 days of emotional cycle DUTIES OF DRIVER IN CASE OF ACCIDENTS
 33 days of intellectual cycle  Stop immediately.
 Show the license to the v ictim and giv e the true
4. TRAFFIC ENVIRONMENT - the study of potentially name, address and contact number.
disastrous population explosion, changes in urban  Driv er is not allowed to leav e the scene without
env ironment due to the scale and density of new urban aiding the v ictim.
concentration and new activ ities carried out, air pollution,
water pollution and crowding, transport congestion which EXCEPTIONS:
result therein  If he is in imminent danger of being seriously
harmed by reason of accident;
5. TRAFFIC ECONOMICS  If he reports the accident to the nearest police
 deals with the benefits and adv erse effects of station; and
traffic to our economy  If he has summoned the physician or nurse to aid
 deals with the productiv e resources to produce the v ictim.
commodities and distribution and consumption
CONDUCTOR - Licensed person allowing limited number of
LICENSING SYSTEM passengers, freight or cargo in public utility truck or buses
Driver’s License
 Issued to person, who has all the qualification as TEN COMMANDEMENTS OF TRAFFIC SAFETY
prov ided by law.
 It is not a Right but only a priv ilege 1. KEEP RIGHT - (two lanes, two ways) in case of one
 It is also a public document, which had the legal way the left lane shall be the fast lane and the
presumption of genuineness slow lane is the right.
 A tourist is allowed to operate a motor v ehicle if 2. OBSERVE ROAD COURTESY- yield to emergency
he has been issued a license in his origin country v ehicle, pedestrians, trains, v ehicle with right of
within 90 days. way, v ehicles ahead, large vehicles, uphill traffic,
v ehicles with momentum, straight traffic, and
LICENSING PROCEDURES traffic signs.
1. Age requirement
2. Be able to read and write Emergency Vehicles:
3. Physically and mentally fit  Vehicle with physician
4. Clinically free from contagious diseases  Ambulance on emergency call
 Vehicle with wounded or sick person
KINDS OF DRIVING PRIVILEDGES  AFP/ PNP v ehicle on official call
 Vehicle in pursuit of criminals
A. Student Driver’s Permit  A police or fire on call
 Age requirement: At least 16 years old
 Validity: 1 Year from the date of Issuance RIGHT OF WAY RULE - the right to proceed ahead of
 Restriction: Allowed to drive only in a presence of another v ehicle or pedestrian
a duly license driv er.
 1 Month Eligible for Non-Professional  Intersection- when two or more v ehicle is
 5 Months Eligible for Professional entering an intersection the one on the left will
giv e way to the right v ehicle.
B. Non-Professional Driver’s License  Pedestrian- driv ers should yield to pedestrian
 Age Requirement: 17 years old for non- crossing except at intersection whereas the
professional mov ement of v ehicles is regulated by a police
 Validity- 3 years from the date of issuance and officer.
Renewable every 3 birth Month succeeding year  Through highway/ railroad crossing- the driv er
 Restriction: Allowed to driv e own v ehicle or any shall bring to a full stop before trav ersing to an
priv ate v ehicle not to earn liv elihood. intersection. If there is no hazard the driv er may
slowdown to 5mph.
C. Professional Driver’s License  Police /emergency vehicle- all driv ers should
 Age Requirement: 18 years old for professional yield to emergency to emergency v ehicle
 Validity- 3 years from the date of issuance and except as directed by traffic enforcer. Fire trucks
Renewable every 3 birth Months are accepted to speed limit but they are
 Restriction: Can driv e own v ehicle and use prohibited to hav e unnecessary speed.
Driv ing as a means of Liv elihood  From private road to highway- v ehicle from
D. International priv ate road must yield to that on a highway.
E. Government/Military
3. PROHIBITED PARKING
RESTRICTION CODE
 Restriction Code No 1 - limited to driv e motor Places where parking is prohibited:
motorcycles  Near an intersection
 Restriction Code No 2 - limited to driv e v ehicle  Crosswalk/ pedestrian lane
weighing not more than 4500 kg  Within 6 meters from driv e way of any response
 Restriction Code No 3 - limited to driv e v ehicles installation, fire hydrant and priv ate roads
weighing more than 4500 kg  Double parking
 Restriction Code No 4 - limited to driv e weighing  Sidewalks, alleys, foot of the bridge
4500 kg and with automatic transmission only  Places wherein official signs are posted
4. WHEN IN DOUBT, DO NOT OVERTAKE.

Compendium of Crime Detection and Investigation (CDI)


 ov ertaking lane is the lane to the left of 2. MOTOR VEHICLE NON -TRAFFIC ACCIDENT - any
ov ertaken v ehicle going in the same direction, motor v ehicle accident which occurs entirely in
ov ertaken v ehicle is the priv ileged v ehicle any place other than a traffic way (ex. Accident
on a priv ate driv eway)
CONSIDER THESE IF YOU OVERTAKE:
 Signal the intention. 3. MOTOR VEHICLE TRAFFIC ACCIDENT - any motor
 Make sure that the ov ertaking lane is clear and v ehicle accident occurring on a traffic way (ex.
free of oncoming v ehicle for sufficient distance Collision between automobiles on a highway)
to facilitate proper ov ertake.
 Maneuv er at own risk, the v ehicle being CHAIN OF EVENTS IN A VEHICULAR ACCIDENT
ov ertaken is the priv ileged v ehicle. Driv ers keep 1. PERCEPTION OF HAZARD – it is seeing, feeling or
his lane, maintain speed and yield to ov ertaking hearing and understanding the usual or
v ehicle. unexpected mov ement or condition that could
 He shall increase his speed until the ov ertaken be taken as a sign of an accident about to
v ehicle has cleared the way happen
 In a two lanes, on a div ided roadway, they may 2. START OF EVASIVE ACTION – it is the first action
use either of the lanes. taken by a traffic unit to escape from a collision
 In an expressway with fast and slow lanes, on a course or otherwise av oid a hazard
div ided roadway, they may use either of the 3. INITIAL CONTACT – the first accidental touching
lanes. of an object collision course or otherwise av oids
 Ov ertaking is prohibited at crest of a grade a hazard
curv e, railway crossing, at the intersection and
between construction and caution. 4. MAXIMUM ENGAGEMENT – it is the greatest
collapse or ov erlap in a collision; the force
5. THE BUS STOP RULE between the traffic unit and the object collided
 The buses queue up in a single file in their order with are greatest at maximum engagement
arriv al.
 Lead bus mov ing toward the center of column of 5. DISENGAGEMENT – it is the separation of a traffic
busses lining on the bus stop zone, and remain unit in motion from an object with which it has
until zone is filled with busses, but longer than collided; the force between the object ceases at
three minutes. this time

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS 6. STOPPING – this is when the traffic units inv olv ed
 Keep lanes and intersection open in heav y and come to rest; it usually stabilizes the accident
slow traffic to av oid overtaking. In a construction, situation
v ehicles should merge alternately.
7. INJURY – it is receiv ing bodily harm; this ev ent
7. OBSERVE TRAFFIC MANAGEMENT MEASURES does not necessarily occur after the accident
 Observ e and obey traffic notices sign like notices but within any of the chain of ev ents; it may also
and pav ement markings. happen right after the ev asiv e action taken by
the driv ers inv olv ed or during the initial contact
8. THE PHILOSOPHY OF PINOY DRIVER
 Motorist should observ e equity of the lead CLASSIFICATION OF ACCIDENT ACCORDING TO SEVERITY
v ehicle, doctrine of the last clear chance on  Property Damage = It is nay motor v ehicle
rotunda driv e. accident in which there is no injury to any person
but damage to the motor v ehicle, to other
9. ON PEDESTRIAN property including injury to animals.
 Keep off the roadway except when crossing on
crosswalk. Wait embark and alight at bus or  Non-Fatal = is any motor v ehicle accident that
jeepney stop. results in injuries other than fatal to one or more
persons. The injuries maybe as follows:
10. REMEMBER THE INTERNATIONAL SAFETY REMINDER -
“SAFETY FIRST” o Serious Visible Injury It is a bleeding
wound, distorted member, or any
TRAFFIC ACCIDENT INVESTIGATION condition that requires the v ictim to be
carried from the scene of the accident.
ACCIDENT- that occurrence in a sequence of ev ents Consider the injury to be v isible if
which usually produces unintended injury, death or symptoms are present ev en though the
property damage injury itself is not v isible.
o Minor Visible Injury It is an abrasion,
TRAFFIC ACCIDENT- an accident inv olv ing trav el bruise, swelling, limping, or obv iously
transportation on a traffic way painful mov ement.

PURPOSES OF TRAFFIC ACCIDENT INVESTIGATION o Non-Visible Injury It is complaint of pain


 Ev eryone inv olv ed is curious about causes and without v isible signs of injury; or
circumstances of the accident. momentary unconsciousness.
 Police are also interested in finding out whether  Fatal It is any motor v ehicle accident that
there is enough ev idence of law v iolation in the results in fatal injuries to one or more persons.
accident to take enforcement action.
 Insurance agencies and adjusters want to STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT
determine negligence on the part of the driv ers INVESTIGATION
inv olv ed in the accident so that damage claims
can be properly adjusted. STEP 1. UPON LEARNING THE INCIDENT CHECK THE
 Gov ernment officials and other concerned FOLLOWING
authorities want specific information about 1. What happened
accidents to know better how to prev ent future 2. Who are inv olv ed
accidents. 3. Where and when it happened
4. How it happened
KINDS OF TRAFFIC ACCIDENTS 5. Why it happened

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT - refers STEP 2. WHEN EMERGENCY UNDER CONTROL
to any accident occurring on a traffic way 1. Preliminary question to driv er
inv olving persons using the traffic way or trav el or a. who is driv ing
transportation, but not involv ing a motor v ehicle b. ascertain sign of nerv ousness
in motion (ex. Pedestrian and a cyclist in a traffic 2. Gather clues for identification
way) 3. Ask other witnesses
4. Examine driv er’s condition
a. check the license and other record

Compendium of Crime Detection and Investigation (CDI)


b. check registration  Broken headlamp manifest a run ov er
c. v erify ownership  Paints might stick at v ictim belonging
d. account step by step ev ents  Don’t forget to bring paper and pencil for initial
5. Position and location of v ehicles note taking
a. lights
b. gear position EXAMINATION OF RECOVERED VEHICLE
c. mark the position of v ehicle  Recov er physical ev idence immediately
d. look for the unusual things inside the car  Measure the v ehicle
6. Form preliminary opinion  Photograph the vehicle, debris and chipped off
7. Photograph skid mark and location for later part
measuring  Check the interior of the car for driv er’s identity
8. Record place in which person/ damaged
v ehicle is placed DOCUMENTS TO BE FILED IN CASE OF DEATH
 Referral slip
 Arrest report
STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE  Traffic accident report (TAIC)
1. Make a test skid  Affidav it of parties inv olv ed
2. Ascertain if the v iolation is tantamount to arrest  Witness’ statement
3. Complete examination of v ehicle  Photograph
4. Locate key ev ent or point of impact
5. Additional photographs DOCUMENTS TO BE FILED IN CASE OF INJURY
6. v ehicle damages  Memorandum of preliminary inv estigation
7. v iew obstruction  TAIC
a. Present condition  Estimated amount of damage, it is made by
b. control dev ices authorized repair shop
8. Measure scale or diagram  Affidav it of parties inv olv e
9. Get additional facts at the scene  Witness statement
10. Report to station by radio  photograph

STEP 4. AFTER LEAVING THE SCENE B. DRUNKEN DRIVERS


1. Get the medical report
2. Notify the relativ es DRUNKEN DRIVERS- it is a driv er who driv es under the
3. Dev elop the photographs influence of alcohol with 10% of intoxicating lev el
4. Analyze the specimen
5. Complete accident report, made copies and FIELD SOBRIETY TEST
file. 1. Walk on straight line
6. Complete data on the inv estigators’ report 2. One foot balance
7. Reconstruct the accident 3. Reading
8. Complete the inv estigation and file it 4. Spelling
5. Counting from 1 to 10
STEP 5. IF THE CASE GOES TO COURT 6. Video tape the mov ement
1. Seek the desire of the prosecutor to strengthen 7. Photograph the unguarded mov ement
the case.
2. Return to the scene of the incident to gather CHEMICAL TEST
additional data 1. Blood test
3. Make a pre-trial conference 2. Urine test
4. Testify in court 3. Perspiration test
5. Arrange the file for future purposes 4. Breath test
5. Skin test
SPECIAL TRAFFIC INVESTIGATION
EVIDENCE AGAINST DRUNKEN DRIVERS
A. HIT-AND-RUN INVESTIGATION 1. Driv ers admission
2. Co-occupants testimony
HIT AND RUN INVESTIGATION This applies to driv ers who 3. Material witnesses testimony
failed to stop at a road accident 4. Photograph of drunken driv er
5. Video/ v oice tape of driv er
LEGAL CASES TO BE FILED: 6. Officers testimony
 Abandonment of one’s v ictim
 Failure to lend assistance LEGAL ACTION AGAINST DRIVER
 Reckless imprudence resulting to homicide 1. Submit him to the nearest laboratory for testing
 Reckless imprudence resulting to damage to 2. Impound the v ehicle
property 3. Confiscate the license
 Failure to render assistance to v ictim 4. Recommend the suspension of priv ilege
 Violation of section 55 of RA 4136 5. Sue him for v iolation
 Civ il liability 6. If acquitted recommend suspension of license

COMMON NATURE OF HIT-AND-RUN DIFFERENT LAWS AFFECTING ALL KINDS OF


 Ran ov er pedestrian TRANSPORTATION
 Sideswiped pedestrian 1. RA 4136- Land Transportation Code
 Collided with mov ing v ehicle while ov ertaking 2. RA 7924- Creation of MMDA
 Collided with mov ing vehicle while overtaking on 3. RA 8750- Seat Belt Law
opposite direction 4. LOI 229- Early Warning Dev ice (4 Meters)
 Damaged parked v ehicle 5. PD 207- Signage’s Adoption 1968
 Crushed police road block 6. PD 96- Declaring unlawful the use of Sirens
 Bumped by stray animal 7. PD 98- Regulating Plate Numbers
8. PD 856- Code of Sanitation
INVESTIGATING FOR UNKNOWN FACTS 9. RA 8749- Clean Air Act
 Victim’s identity 10. PD 1151- Philippine Env ironmental policy
 Kind of v ehicle 11. LOI 112- Load capacity of Public Roads & Bridges
 The make of v ehicle 12. l. RA 6539 - Anti-Carnapping Act of 1972
 The driv er 13. PD 1686 – Imposing a tax on ev ery motor v ehicle
 The eyewitnesses equipped with air conditioner.

FAST TRACKED INVESTIGATION


 Send the corpse to laboratory after inv estigating
 Obtain fingerprint and other specimen and send
it to laboratory
 Splintered glass can be a lead

Compendium of Crime Detection and Investigation (CDI)


SPECIAL CRIME INVESTIGATION 2. The enthusiasm and intelligence the inv estigator
brings in the case marks the difference between
INTRODUCTION a murderer being conv icted and set free.
• Special Crime Inv estigation deals with the study 3. If he interprets a criminal death as accidental or
of major crimes based on the application of natural, a guilty person is set free.
special inv estigativ e technique. 4. Remember that the police is the first line of
• The study concentrates more on physical defense in the effectiv e application of criminal
ev idence, its collection, handling, identification justice.
and preserv ation in coordination with the crime
laboratory. Special Crime Investigation involv es a Mistakes in the Homicide Investigation
close relationship between the prober in the field • The mistakes of the homicide inv estigator cannot
and the crime laboratory technician. They work be corrected.
together as a team, reacting to and extending • The homicide inv estigator should not cross the
one another’s theories and findings both working three bridges which he burns behind him. It is
patiently and thoroughly to solv e a crime from important that competent personnel adequately
their inv estigativ e discov eries. handle the case.
• The present criminal justice system in our country,
the court relies more on physical ev idence rather Three Bridges:
than extra- judicial confession. a. The dead person has been mov ed
b. The cadav er is embalmed
Cases subject of Special Crime Investigation c. The body is burned or cremated
 Homicide (Generic term which includes
Murder, Parricide, Infanticide or death Basic Guide for the Inv estigator:
where death where suicide is suspicious. • Corpus delicti or facts that crime was committed.
 Sex Crimes • Method of operation of the suspect
 Robbery ( theft and car-napping RA • Identity of the guilty party
6539)
 Arson (PD !613) Title 8 Crimes Against Persons (Destruction of Life)
 Swindling or Estafa
 Bank frauds ART 246. Parricide
 Kidnapping (Crimes against Liberty) • Committed by any person who shall kill his father,
mother, or child, whether legitimate or
The cases discussed therein after are only those which, by illegitimate, or any of his ascendants or
their nature are difficult of complex. descendants, or his spouse. Penalty: Reclusion
perpetua (20 yrs & 1 day to 40 yrs) to death.
Investigation defined: (LIE) - The collection of facts to
accomplish a threefold aim. ART 248. Murder
o To identify the offender Any person, who, not falling within the prov isions of Art 246
o To locate the offender (Parricide), shall kill another, shall be guilty of murder if
o To prov ide evidence against the committed with any of the following attendant
offender in a Judicial proceeding circumstances:
1. With treachery, taking adv antage of superior
Interrogation defined: strength, with the aid of armed men, or
 Interrogation is made to gathered information employing means to weaken the defense, or of
from the suspect in which case for the solution of means or persons to insure or afford impunity;
the problem or crime but not in the parameter 2. In consideration of a price, reward or promise;
that inv ades the right of the suspect under 3. by means of inundation, fire, poison, explosion,
custodial inv estigation or RA 7438. shipwreck, stranding of a v essel, derailment or
 Interrogation is a forceful / rigid questioning of a assault upon a railroad, fall of an airship, by
person suspected of hav ing committed an means of motor v ehicles, or with the use of any
offense or a person who is reluctant to make full means inv olv ing great waste and ruin;
disclosure of information in his/her possession 4. On occasion of any of the calamities
which is pertinent to the inv estigation enumerated in the preceding paragraph, or of
an earthquake, eruption of a v olcano,
What are the purposes of Interrogation? (FARAC) destructiv e cyclone, epidemic, or any other
 To obtain confession to the crime public calamity;
 To induce the suspect to make admission 5. With ev ident premeditation;
 To learn the facts of the crime 6. With cruelty, by deliberately and inhumanly
 To learn the identity of the accomplice augmenting the suffering of the v ictim, or
 To dev elop the information which will lead to the outraging or scoffing at his person or corpse.
recovery of the fruits of the crime 7. Penalty: Reclusion perpetua (20 yrs & 1 day to
 To discov er the details of other crimes 40 yrs) to death.
participated by the suspect
 To minimized the monetary aspect ART 249. Homicide
 To giv e fear and feel by the suspect if he giv e • Committed by any person who, not falling within the
false in formation he will be under to correctional prov isions of Art 246 (Parricide) shall kill another
facility of the said country without the attendance of any of the circumstances
enumerated in ART 248 (Murder) shall be deemed
Homicide Investigation - Homicide Inv estigation is the guilty of homicide.
official inquiry made by the police on the facts and • Penalty: Reclusion temporal ( 12 yrs & 1 day to 20 yrs)
circumstances surrounding the death of a person which is
expected to be unlawful. ART 255. Infanticide
• Committed by any person who shall kill any child less
Primary Job of the Investigator than three days of age( less than 72 hours).
1. To discov er whether an offense has been • Penalty: The penalty prov ided in parricide & murder
committed under the law shall be imposed
2. To discov er how it was committed • If the crime penalized in this article be committed by
3. Who committed it and by whom it was the mother of the child to conceal dishonor, she shall
committed suffer the penalty of prision mayor (6 yrs & 1 day to 12
4. When it was committed yrs). If committed by maternal grandparents or either
5. And under certain circumstances why it was of them, the penalty shall be reclusion temporal ( 12
committed yrs & 1 day to 20 yrs)
Responsibilities of a Homicide Investigator
1. When called upon to inv estigate v iolent death, Robbery Investigation
he stands on the dead man’s shoes to produce Article 293- Robbery in General
his instincts against those suspects. • Any person who, with intent to gain, shall take any
personal property belonging to another by means of

Compendium of Crime Detection and Investigation (CDI)


v iolence or intimidation of any person, or by using 9. Walls
force upon anything shall be guilty of robbery. 10. Tools
11. Desks
Elements of Robbery
1. Unlawful taking of personal property Clothings - sometimes the robbers exchange their own
2. The property must belong to another jackets with that one found.
3. The taking is done with v iolence against,
intimidation of any person or force upon if a window was broken in effecting entry, glass particles
things maybe presents in the trouser cuffs and pockets of
4. The taking is with intent to gain suspect. Samples of broken glass should be collected for
possible future comparison in the ev ent that a suspect is
How Robbery is committed? picked up.
The malefactors shall enter the house or building in
which the robbery was committed, by any of the  Paint - if a crowbar has been used to force the
following means: window, paint may adhere to the tool. Paint
1. through an opening not intended for samples should be taken for future comparison.
entrance  Tool marks
2. By breaking any wall, roof, floor or breaking  Tools
any window or door.  Observ ed odd behav ior patterns in the crime
3. By using false key or picklocks scene.
2. By using fictitious name or pretending the  cords and ropes used
exercise of public authority  Firearms used
3. By breaking of doors, wardrobes, closets or  means of escape
any kind of locked or sealed furniture or
receptacle Anti-Piracy and anti-highway robbery law of 1974 (P.D.
4. By taking such furniture or objects away to 532)
be broken or forced open outside the place • Piracy - any attack upon or seizure of any v essel, or
of the robbery taking away of the whole or part thereof or its cargo,
equipment or the personal belonging of its
General types of Robbers complements or passengers, irrespectiv e of v alue
1. Amateurs - motiv ated by greed, the desire for a thereof, by means of v iolence against or intimidation
thrill and self-testing. of persons or force upon things, committed by any
2. Professionals - are those people who worked as a persons, including a passengers or member of the
robbery as a trade making it their liv ing and compliments of said v essels in Philippine waters.
hav ing no other means of income.
Anti-Cattle Rustling Law of 1974 (P.D. 533)
Notes: Robbery-This is the taking or personal property • Cattle Rustling - Is the taking away by any means,
belonging to another, with intent to gain, by means of methods or scheme, without the consent of the
v iolence against, or intimidation of any person, or using owner/raiser, or any of the abov e animals (cow,
force upon anything. carabao, horse, mule or other domesticated member
of the bov ine family) whether or not for profit or gain,
Investigative Techniques in Robbery cases: or whether committed with or without v iolence
a. The prober must initiate similar preliminary steps against or intimidation of any person or force upon
upon reaching the crime scene. things. It includes the killing of large cattle, or taking its
b. Determine the point of entrance and point of exit meat or hide without the consent of owner/raiser
by the perpetrator.
c. Determine the v alue of stolen articles. Anti-fencing law of 1979 (P.D. 1612)
d. The full and detailed description of the stolen • Fencing - is the act of any person, who, with intent to
articles. gain, for himself or for another shall buy, possess,
e. Gather physical ev idence. keep, acquire, concealed, sell or in any other way,
f. Determine the modus operandi of the deal on any articles, items, objects, or anything of
perpetrator as it would giv e leads in the v alue which he knows to have been deriv ed from the
identification and arrest of the suspect. proceeds of crime or robbery or theft.
g. Full and detailed description of a get- away
v ehicle if any, or v essel, boat in cases of piracy. Fence - includes any person, firm, organization, association
h. Coordinate with other law enforcement or corporation or partnership and other organization who/
agencies. which commits the act of fencing.
i. Exploit inv estigativ e leads.
j. Written testimony of the complainant witness. Arson Investigation
k. Accumulate clues and traces at the scene of a 1. Elements of Arson
crime which will serv e to identify the offender. • .Actual burning took place
l. Dev elop informants in the local underworld who • Done with malicious intent.
are aware of the activ ity of robbery, particularly • the burned is done by a person who is criminally
the activ ity of the semi-skilled amateur and civ illy liable.
groups.(usually the addict-robber).
m. Conduct a surv eillance of likely fences and 2. Consummated Arson
uncov er and trace back stolen property from its A. The mere discoloration or scorching of a wooden
receiv er to the robber. wall by a fire is consummated arson.
n. Conduct surv eillance of known burglars to B. If the scorching is on the concrete wall where
ascertain if they are presently committing there is remote possibility of the fire to spread, it is
robbery. attempted arson.
o. Accumulate information on v arious types of C. The to set fire with the preparation of
robber, the known and new comers, whether inflammable material at the placed to be
they are in or out of prison, whether they are burned is attempted arson. There is no frustrated
activ e. arson.
p. Be alert on a modified modus operandi. • Fire triangle theory - the graphical presentation of the
q. In cases homicide is committed; follow the three elements of fire, namely: oxygen, heat, and
pattern of homicide inv estigation. fuel.

Physical Evidence to be collected: • Each side is just as important as either of the other two
1. Footprints sides. There cannot be fire without all the three parts
2. Fingerprints present in equal proportion.
3. Areas of break • Using the same theory, there are three ways to
4. Closets- prints may be found in door and jambs extinguish fire.
5. Door knobs 1. Remov e the fuel
6. Dressers 2. Cut-off the oxygen supply
7. Pieces of furniture 3. Reduce the temperature (cooling)
8. Bottles and glasses

Compendium of Crime Detection and Investigation (CDI)


Elements of fire  The records of fatal fires show that more people
died from inhaling these super-heated and toxic
1. Heat – A form of energy generated by the fire gases than from any other cause.
transmission of some other form of energy, as in  The complete combustion of fuels containing
combustion or burning. carbon will produce CO2, but seldom will there
a. Heat sources: be enough oxygen for complete combustion.
b. Open flame When only part of the carbon is oxidized, carbon
c. Electrical circuit monoxide is formed. While carbon monoxide is
d. Sparks not the most toxic fire gas, it causes more deaths
e. Hot surfaces than any other because it robs the body of
f. Friction oxygen.
g. All sources of ignition  It burns rapidly when combined with oxygen at
high temperatures, causing dangerous back
2. Oxygen – A colorless, odorless, gas and one of draft explosions. Carbon monoxide, which is also
the composition of the air which is approximately produced by slow oxidation, is found in sewers,
21% by v olume cav es, wells, stov es, furnances, and automobile
exhaust.
Oxygen sources
1. 21% of normal oxygen Types of Poisonous Gases:
2. 2.78% of nitrogen 1. Hydrogen sulfide (H2S) – A fire gas formed during
3. 3.1% of other gasses fires inv olv ing organic material containing sulfur,
such as: rubber, hair, wood, meats, and hides. It
Oxygen Requirements is colorless, highly, toxic gas with the strong odor
1. 12% - no fire of rotten eggs. Exposure for ev en a short time is
2. 14% - flash point dangerous. It will ignite at 500d degrees F (260
3. 3.21% - fire point Degrees C ).
2. Hydrogen cyanide (HCN) – a toxic fire gas found
3. Fuel – any substances which reacts chemically in oxygen-starv e fires inv olv ing nitrogen-
with oxygen and produces flames. containing materials such as wool, silk, urethane,
polymides, and acrylics. This gas is also used as
Fuel Sources : fumigant which can pose serious danger to fire
a. Solid - molecule are closely packed together firefighters working in recently fumigated
b. liquid - molecules are loosely packed buildings. Hydrogen cyanide smells like bitter
c. Gas - molecules are free to remov ed almonds which may not be easily detected.
3. Hydrogen chloride (HCL) – A Gas which can be
Fire Tetrahedron - The fire triangle theory describe the fatal after only a few breaths is produced in fire
three elements of fire as shown in figure. inv olving chloride-containing plastic. Plastic can
1. Another explanation of the requirements of the be found anywhere ; from furnishing to electrical
combustion uses a four sided figure of the insulation, conduit and pipings.
tetrahedron as shown in figure
2. Both theories are used to explanation what Flame - It is the luminous body of a burning gas which gets
causes fire hotter and less luminous when mixed with more oxygen.
Flame fades when carbons burns completely, so flame is
The fourth elements of tetrahedron explanation is known considered a product of incomplete combustion.
as chemical reactiv ity, or chemical reaction.
Heat - A form of energy measured in degree of
temperature, it is the product of combustion that spread
Components / elements of the fire tetrahedron; the fire. It cause burns and other injuries such as
dehydration, heat exhaustion, and respiration tract injuries.
1. Oxygen (oxidizing agent) - Oxidizing agents are those Heat, oxygen depletion, and carbon monoxide formation
materials that yield oxygen or other oxidizing gases during are the primary hazards in fires
the process of a chemical reaction. Oxidizer are not
themselv es combustible, but they support combustion Smoke - It is the v isible product of incomplete combustion
when combine with a fuel for purposes of discussion, the usually a mixture of oxygen, nitrogen, carbon dioxide,
oxygen in the air the surrounding area is consider the carbon monoxide, finely div ided particles of soot and
primary oxidizing agents miscellaneous assortment of product release from the
burning materials
2. Fuel ( Reducing Agents ) - Fuel is the materials or
substances being burned in the combustion process. In Back draft - Firefighter operating at fires in building must
scientific terms, the fuel in a combustion reaction is known use precautionary measures when opening a building to
as the reducing agents. Most common fuels contain gain entry by prov iding v entilation either by the horizontal/
carbon along with combination of hydrogen and oxygen. cross v entilation ( opening doors or windows ) or v ertical
v entilation ( opening a hole at the highest portion of the
3. Heat ( temperature ) - Heat is the energy components of affected part of the building. As the fire grows in the
the fire tetrahedron, when heat comes in contact with a confine area, large v olume of hot, unburned fire gases
fuel, the energy supports the combustion process. can collect in unv entilated spaces. These gases may be at
or abov e their ignition temperature but hav e insufficient
Combustion - Fire and combustion are term that are often oxygen av ailable to actually ignite. Any action taken
used interchangeable. Technically speaking, fire is a form during firefighting operations that allows air to mix with
of combustion. Combustion is a self-sustaining chemical these hot gases can result in an explosiv e ignition called
reaction producing energy or products that cause more backdraft.
reaction of the same kind. Combustion is an exothermic
reaction The danger for backdraft can be minimized with proper
application of v ertical v entilation causing the unburned
Products of combustion gases rise and release through the opening before an
entry is made.
Four (4) categories of products of combustion:
Flashover - Flashover occurs when a room or other area is
Fire gases – are those that remain when other products of heated enough that flames sweep over the entire surface.
combustion cool to normal temperature. Common Firefighter originally believ e that combustion gases
combustibles contain carbon, which forms carbon dioxide released during the early stages of the fire cause flashov er
and carbon monoxide when burned. Other fire gases by collecting at the ceiling and mixing air until they burst
include hydrogen sulfide, sulfur dioxide, ammonia, into flames.
hydrogen cyanide, nitrous and nitric oxide, phosgene,
hydrogen chloride. Four (4) classes of fire
 The fire gases that form depend on the chemical A. Class A – material inv olv ing v egetable fibers,
composition of the fuel, the percent of oxygen wood, paper straw, gain and grass; combustible
present, and the temperature of the fire.

Compendium of Crime Detection and Investigation (CDI)


minerals such as coal and coke. Nearly all thrash F. if shortly before the fire, a substantial portion of
fires are considered as class A. the stocks insured and stored inside the building
B. Class B – material including petroleum products were withdrawn not connected with the ordinary
such as gasoline, fuels oil, lubricants oils, and course of business.
greases; animal fats such as butter, lard, and G. if a demand for money or other v aluable
tallow, v egetable extract such as alcohol, considered was made before the fire in
linseed oil, and turpentine; vegetable compound exchange for the desistance of the offender or
such as shortening and oleomargarines; natural for the safety of the person or property of the
gases and compressed gases such as butane, v ictim.
propane, hydrogen, and acetylene.
C. Class C - this type of fire inv olv es electrical Special Aggravating circumstances of arson (Sec. 4 PD
motors, electrical appliances, and apparatus. 1613)
Actually a class C fire is composed usually of A. Committed with intent to gain.
class A and class B materials combination of B. Committed for the benefits of the others.
both. Use of water is usually dangerous because C. Offender is motiv ated by spite, rev enge or
of the risk of electrical shock. hatred towards the owner or occupant of the
D. Class D – these are materials inv olv ing house.
combustible metals, alloys, or metals compound D. Committed by the syndicate. A syndicate
either in a solid, semi-solid or liquid state. They consists of three or more persons who planned
may further reduce in shav ings, grinding, and carried out the crime.
granules, or dust. Some liquid metals are kept in a
liquid state under pressure. Usually these liquid Methods in Incendiary Fire
metals are; sodium (NA), magnesium, titanium, A. Plants and trailers – a preparation to set a fire is
sodium potassium, and uranium as well as term, PLANT it is designed to feed the fire as
pyrophoric organometallic reagents such as rapidly as possible when the ignition dev ice is
alkylithiums, grignards and diethylzinc. These type lighted.
of materials burn at high temperature and will a. A trailer can be compared with the
react v iolently with water, air, and/or other wick that must cause fire not only in one
chemicals. place but could conceivably create an
instantaneous fire throughout an entire
Type of heat transmission (RCC) building.
1. Conduction - it is the transmission of heat B. Combustible material and substances – like
through an object / medium or conductor, gasoline, kerosene, alcohol, paints, thinner,
such as pipe, metal, hot-air, wire, or ov en wall. v arnish and others,
2. Radiation - the transmission through the C. Mechanical contrivances – Matches lighted
discharge and spread of heat form a heated or cigarettes, candles, flares, etc.
burning source. This radiation takes place D. Gas and electrical appliances - gas range,
through the air or through space that cause toaster, hot plate, iron, switches, soldering iron,
another flammable object to ignite. and etc.
3. Convection - It is the transmission of heat by E. Chemical contrivances – acids, phosphorus or
mov ing current of liquid or gas. When these calcium hypochlorite – contact with soda pop
gases or liquids are heated, they start to mov e cola produces immediate chemical reaction
within themselv es; and by their free motion, and result of fire.
circulation starts.
Types of fire setters;
Flame Contact - Heat may be conducted from one A. Arson for profit (insurance)
body to another by direct flame contact. Fire spreads B. Solitary fire setters – they set fires secretly for
along or through burning material by flame contact. rev enge or spite. The reasons are low intellect,
When a material is heated to the point where senility, intoxication and psychological disorders.
flammable v apors are release, the v apors may be Include in this category are pyromaniacs,
ignited. Any other flammable materials may be security guards who want to be a hero, the
heated to its ignition temperature by direct contact teenager who will set fire to help the fireman the
with the flame or burning v apors. house wife who wants the husband to come
home at night, the psychotic fire setter and the
Intensity - Intensity of fire means simply “how hot the fire is sexual deriv es sexual gratification for seeing the
burning.” some types of fuels naturally burn hotter (more fire.
intensely) than others. For examples, a gasoline fire burns C. Group fire setter – as a means of v andalism by
hotter than a wood fire, while an acetylene flame is hotter teenager or by peer pressure, riot fire is also done
than a gasoline flame. by group as an outburst of v iolence, tension or
social unrest as a result of mob role.
Factors to determine the intensity of fire:
– type of fuel How to locate the origin of fire;
– percentages of oxygen present A. By witness – the first who discov ered the fire.
B. Low point burning – the lowest point of burning
Magnitude of fire - The magnitude of fire means the size of should be giv en the out most consideration in
a fire, and it is gov erned by the surface area of fuel locating the origin of fire. Fire will burn upward.
exposed to the air. The magnitude of fire is not always C. Charring (aligatoring) – the char will generally be
determined by the amount of fuel inv olv e but more often deepest from the where fire originated. When
buy the amount of fuel exposed to the air. the fire is extinguished quickly the charring is only
slightly below the surface.
Prima facie evidence of arson (PD 1613and Art.326-B, RPC)
A. If the fire started simultaneously in more than one Color of smoke
part of the building or establishment; A. Steam and smoke - presence of humid
B. if substantial amount of flammable substances or substances in contact with combustible materials
materials are stored within the building not B. White smoke – indicates the presence of
necessary on business of the offender or for phosphorus.
household use; C. Grayish smoke - cause by ashes and soots of
C. if after the fire, materials or substances soaked in loosely packed materials such as straw or hay.
flammable or any mechanical, electrical, D. Black smoke – coming from a material with
chemical, or electronic contriv ance design to start petroleum base such as rubber, tar, coals,
a fire or ashes or traces of any of the fire going are turpentine, or petroleum gum.
found. E. Reddish brown of yellow smoke – presence of
D. if the building or property is insured substantially nitrates or substances compounded with nitrates
more than it actual v alue at the time of the fire such as nitric acid plastics, films. or cellophanes.
E. if during the lifetime of the corresponding fire
insurance policy, more than two fires had 3.3 Scientific approach and procedures in conducting
occurred in the same or other premises owned crime scene search, sketch, collection and care of
and under the control of the offender or insured. physical evidence on special cases;

Compendium of Crime Detection and Investigation (CDI)


CRIME SCENE INVESTIGATION - It is the conduct of • Photograph entire scene with ov erall, medium
processes, more particularly, the recognition, handling, and close-up cov erage using measurement
preserv ation and documentation of physical ev idence to scale when appropriate.
include the identification and interv iew of witnesses and • Photograph major ev idence items before they
the arrest of suspect/s at the crime scene. are mov ed
• Photograph all latent prints and other impression
What Constitute a Crime Scene? ev idence
• The crime scene can be understood to include • Prepare photographic log and photographic
all areas in which the criminal, any possible sketch.
v ictim, and any eyewitness move during the time
the crime was committed. Sketcher
• The boundaries must be established so that the • Diagram immediate area of scene and orient
entire crime scene can be effectiv ely preserv ed. sketch with north.
• In some crimes, howev er, the crime scene may • Set forth on sketch major items of ev idence.
actually comprise sev eral different sites. • Indicate adjacent buildings, rooms, furniture and
so forth as needed.
THE CRIME SCENE A crime scene can be defined as a - at • Obtain appropriate assistance for taking
which an offense was committed and where the potential measurements
for ev idence of that crime may exist. A crime scene may • Ensure necessary administrativ e information, such
include a home, automobile or a remote location in the as scale disclaimer (not drawn to scale) is
woods. recorded on sketch

Crime Scene Locations Evidence Recorder


1. Indoor crime scenes • Prepare the ev idence recov ery log
 affords the crime scene protection from • Coordinate ev idence packaging and
weather preserv ation
 allows to take time and process the scene in a • Receiv e and record all ev idence
slow, methodical manner without concern for • Maintain chain of custody
weather influences. • Function as the Ev idence Custodian
2. Outdoor crime scene
most v ulnerable to weather condition Evidence Collectors
• Balance of team members
3. Nighttime outdoor crime scene • Conduct search
presents the most problems • Collect and package ev idence
– Make sure all items collected are
BASIC PRINCIPLES IN THE INITIATION OF AN EFFECTIVE photographed, located on sketch, and
INVESTIGATION logged
• Rapid response to the crime scene by patrol
officers. Specialists
• Anything and ev erything should be considered • Consider what specialists might be necessary to
as ev idence. assist with the processing of the crime scene
• After the scene is secured, immediate and • Specialists include pathologists, anthropologists,
appropriate notification must be made to the entomologists, botanists, geologists, fingerprint
Scene of Crime Operation. specialists, bomb technicians, engineers etc...

First Responder - Must be able to properly preserv e the Preparation


crime scene in order to get maximum scientific information 1. Basic Equipment
that will help in the successful prosecution of the 2. Police line
perpetrator of the crime. 3. Marker
4. Camera with film
The First Responder shall: 5. Ev idence collection kit
1. Cordon the area 6. Video camera and tape recorder
2. Ev acuate injured persons to the nearest 7. Measuring device e.g. ruler and measuring tape
hospital; 8. Flood lights, hand glov es, masks, eye goggles,
3. Cordon off crime scene with whatever available hairnet
materials like ropes, straws, human barricade,
police line; SCENE OF CRIME OPERATION
4. Prepare to take the “dying declaration” of
sev erely injured person, if any; PREPARATION PRIOR TO THE CONDUCT OF SOCO:
5. Prev ent entry/exit of persons within the cordoned 1. Ensure the av ailability of packaging and
area; and collection materials necessary for typical search
6. Prepare to brief the CSI Team Leader of the circumstance.
situation upon their arriv al. 2. Prepare the preliminary format for the paperwork
needed to document the conduct of search.
Composition of the CSI Team 3. Discuss upcoming search with the inv olv ed
1. Team Leader personnel.
2. Ev idence Collectors 4. Make preliminary personnel assignments before
3. City or Municipal/Health Officer arriv al at scene, if practicable.
4. Crime Photographer 5. Consider the safety and comfort of search
5. Sketcher/Measurer personnel. Be prepared for probable
6. Ev idence Custodian/Security Officer impediments which maybe poised by weather or
7. Security and Protection of the crime Scene terrain. Ensure that basic crime scene search
equipments are functional. These should consist
Team Leader of the communication, lighting, first aid, and
• Coordinate with the inv estigator – assume security equipments.
control 6. Ensure that all SOCO Team elements tasked to
• Conduct initial walk-through for purpose of enter the crime scene must be wearing surgical
making a preliminary surv ey. glov es and other protectiv e gears as maybe
• Determine search patterns and make necessary.
appropriate assignment for each members. 7. Assess the personnel assignments normally
• Designate command post location required to successfully process a crime scene
• Release the scene after a final surv ey and and ensure that such assignments are in keeping
inv entory of the ev idence. with the training, experience, attitude, and
aptitude of each indiv idual.
Photographer
• Photograph entire area before it is entered. Approaching the Crime Scene
• Photographs v ictims, crowd and v ehicles. 1. Be alert for discarded ev idence

Compendium of Crime Detection and Investigation (CDI)


2. Make pertinent notes as to possible entry and 2. Photograph the scene in a clockwise pattern
exit points of the perpetrator before altering the body's position or any other
ev idence within the scene. Photograph the
General SOCO Procedures scene from at least 2 opposite corners, but from
1. Preparation Prior to Conduct of SOCO all four corners is ev en better. This way, nothing is
2. Crime Scene Approach missed or hidden from v iew by interv ening
3. Preliminary Crime Scene Surv ey objects.
4. Ev aluation of Physical Ev idence 3. Photograph the body and the immediate vicinity
5. Narrativ e Description of the Crime Scene around the body. If you hav e a camera boom,
6. Crime Scene Photography/Videography take pictures from ceiling height down of the
7. Sketch of Crime Scene v ictim and any other evidence. This perspectiv e
8. Detailed Crime Scene Search often shows things missed when v iewed from
9. Physical Ev idence Recording and Collection ground or eye lev el.
10. Final Crime Scene Search 4. Keep a photo log.
11. Turn-Ov er/Release of Crime Scene to 5. The most important prerequisite for
Inv estigator-on-Case photographing a crime scene is for it to be in an
12. Designation of a Command Post unaltered condition. Unless there are injured
• Command Post- an area which, is ideally parties inv olv ed, objects must not be mov ed until
located adjacent to the Crime Scene where they hav e been photographed from all
the CSI Ev idence Custodian stays and necessary angles. As items of physical ev idence
receiv es the pieces of ev idence turned over are discov ered, they are photographed to show
to him for safekeeping by the other their position and location relativ e to the entire
ev idence collectors. scene.
6. After these ov erviews are taken, close-ups should
Initiation of Preliminary Survey be taken to record the details of the object itself.
a. Makes a general assessment
b. Takes a cautious walk- through When the size of an item is of significance, a ruler or other
c. Takes down extensiv e note to document measuring scale may be inserted near the object and
important factors included in the photograph as a point of reference.
d. Establishes the ev idence most likely to be
encountered Crime Scene Sketches
e. Defines the extent of the search area  Sketches are useful in questioning of suspects
f. Determines the personnel and equipment and witnesses as well as in the writing of
needed, and makes specific assignments inv estigativ e reports.
g. From his assessments, he dev elops a general  A rough sketch is prepared indicating the actual
theory of the crime scene. measurement of things with scale and proportion
h. Remov able inferences about what happened observ ed and oriented to the North Pole. All
are produced from the crime scene necessary information is placed in the sketch.
appearance and information from what
happened. These theories will giv e the crime Sketches of the scene are made:
inv estigator to document specific conditions  Rough Sketch —A draft represent at ion of all
and recognize v aluable physical ev idence. essent ial informat ion and measurement s at a
crime scene. This sket ch is drawn at t he crime
Documentation of the Crime Scene - The photographer scene. It shows all recovered it ems of physical
begins taking photographs as soon as possible. The evidence, as well as ot her important feat ures of
ev idence collectors do not touch or mov ed any evidence t he crime scene
once it is located until it has been identified, measured  Finished Sketch —A precise rendering of t he
and recorded. crime scene, usually drawn t o scale. This t ype is
not normally complet ed at t he crime scene
Crime Scene Photography
• Main Objective - To create an accurate Unlike the rough sketch, the finished sketch is drawn with
objectiv e visual record of the crime scene before care and concern for aesthetic appearance
any item is mov ed or remov ed as possible  Sketches are excellent companions to
physical ev idence. photograph. Where photograph prov ide exact
details, sketches offer accurate information
Guidelines for taking photographs of a Crime Scene about the placement of objects and they show
• Photographs of a crime scene should be taken relationship and distances between things.
as soon as possible, before note taking, sketching
or a search for ev idence begins. Elements of sketch
a. Measurement
The pictures should illustrate the original, uncontaminated b. Compass direction
condition of the crime scene. c. Essential items
Photographs should be taken of the crime scene only, d. Scale and proportion
without spectators or police personnel. e. Legend
• To adequately present the crime scene initially, f. Title
the photographs must form an organized
sequence and show all relev ant locations and Specific kinds of sketch
objects. A. Locality- giv e picture of the scene, the crime
• The crime scene photographs must progress from and its env irons, including neighboring buildings,
general to specific. roads etc.
B. Background - picture of the scene of the crime
Three Major Types of Pictorial Views with its nearest physical surrounding.
1. Long- range photograph of the ov er all scene C. Details- the immediate scene only
2. Distance: From the doorway to the room and D. Exploded/ cross projection- giv es the clear
other corners of the room impression of the scene in cases where blood
3. Mid- range photograph stains or bullet holes are found
4. Distance: Eight or ten feet from the v ictim
5. Close - up photograph Note Taking - Note taking must be a constant activ ity
throughout the processing of the crime scene.
The investigator himself should ensure that;  Notes must include:
1. Ov erall photos of the scene are taken to show o Detailed written description of the
the approach to the area, street signs, and street Crime Scene with locations of physical
light locations in relation to the actual scene, ev idence receiv ed
street addresses and identifying objects at the o The time when the physical ev idence
scene. Pictures should also be taken of ev ery was discov ered
room in the house, ev en if their relationship to the o The person who discov ered and
crime scene is not readily apparent. collected physical ev idence

Compendium of Crime Detection and Investigation (CDI)


o How the ev idence was packaged and another officer on the scene while you are
marked dev oting your attention to the crime scene
o The disposition of the item when it was inv estigation.
collected
PLAN YOUR SEARCH - All searches require that you
Documentation - This documentation is made by the crime proceed according to an organized and coordinated
scene inv estigator for purposes of future crime scene plan. There are different kinds of searches, depending on
reconstruction which help the prosecutor and the judge what you are looking for, such as searches for people
understand conditions at the crime scene. (missing and lost children and adults, and suspects of all
ages and genders) and searches for objects. You may be
Crime Scene Search searching the premises where a burglar has taken away
 The search for physical ev idence is done using stolen objects and left behind ev idence. You may be
the accepted methods of search depending searching an office building for bombs purported to hav e
upon the actual location to be searched. been planted on the premises. In all searches you are
 A crime scene search could only be started looking for ev idence of all types. Planning is your key to
after it has been photograph and sketched. greater success in finding what you are looking for, as well
as many items you had no idea you would find. Whether
Objectives of a Crime Scene Search you work alone or with other searchers, draw a plan on
 To systematically look for physical ev idence that paper and apportion the search so that each area is
may prov e useful in establishing that a crime has searched at least twice, and each time by a different
been committed. person. Draw your search plan, assign searchers, and
 To determine what method of operation the check off each area when the search is complete. If
perpetrator may hav e used. curious onlookers are nearby, post a guard to watch the
searched areas to prev ent contamination or ev idence
Different Search Methods planting.
 Strip - the searchers will proceed at the same
pace along the path parallel to one side of the INTERIOR SEARCHES
rectangle.  Try to arrange for optimum lighting conditions,
 Spiral - the searchers will follow each other in the utilize av ailable lights at the scene, bring in more
path of a spiral, beginning in the outside and flood lamps with portable generators, and use
spiraling towards the center. Clockwise/ counter your battery-operated flashlights as well. If you
clockwise. are searching a building where the electricity is
 Zone - the area to be searched is div ide into four off, your only av ailable lighting will probably be
quadrants and each searcher is assigned to one your flashlights and portable floods. Under these
quadrant. conditions, when you mov e from a lighted area
 Wheel - for area to be searched approximately where your eyes are conditioned to the light into
circular or ov al a dark room or area, stop for a few seconds
 Point to point - searcher will stand in a straight line when you enter the dark and let your eyes adjust
and mov e forward together to the light change. The rods and cones of your
eyes rev erse functions when going from dark to
Collection of Physical Evidence light and v ice versa, and the more dramatic the
 The competence to recognize and properly change, the longer the transition time.
collect physical ev idence is critical to both  Wear glov es for your search. If you believ e there
solv ing and prosecuting crimes. is the possibility of a suspect still being on the
 The team leader is always informed of significant premises, you may choose to mov e with your
ev idence located. The ev idence collectors shall weapon to a ready position. In those situations it
put his initial, location and date of collection on is also wise to open each door by slamming it
the item and turn it ov er to the ev idence open until it strikes the wall or doorstop. If you
custodian for documentation and safekeeping. hear a loud “Ugh” when you slam the door open,
you hav e probably located a suspect hiding
INTRODUCTION behind that door. In most crime scene searches,
 Whatev er you are searching for, you must do it you or your colleagues hav e probably already
systematically and thoroughly. Additionally, cleared the area of any suspects, so it will not be
when you are searching a crime scene and necessary to mov e with a weapon in your hand
many onlookers are nearby, you must appear to or to slam doors open. You have now mov ed on
know what you are doing. If you carry out your to the ev idence search phase of the
search in a haphazard and careless manner, you inv estigation.
will cause irreparable damage to your reputation  As you mov e from room to room or from one
and that of your department. A sloppy search section of the search to another, stop frequently
indicates that the searcher is probably sloppy in and listen for sounds, try to identify odors, and
ev erything he or she does. absorb. the atmosphere of the scene. Sounds
 The community policing programs that inv olv e such as air conditioning or heaters turning on and
your department and the public hav e a v ery off, or the foundation settling, and odors, such as
positiv e effect because the public is more perfume, cigar, or pipe smoke, and aftershav e
inv olv ed, but a cautionary note is that those lotion may prov e v aluable to your inv estigation
people are watching their officers more carefully, later. For example, a person confessing to the
and they are more likely to recognize sloppy crime may at some time state that the air
police work. The ubiquitous media, especially conditioner was on full blast and made him
those presenting “breaking news,” will be nearby shiv er. As for odors, you may recognize the odors
to record your activ ity for posterity, and many on the suspect’s person as being similar to those
armchair detectives will critique your work ev ery you smell earlier during your crime scene search.
time your act is shown on local news programs. A  Take Polaroid photos or start v ideo recording the
word of adv ice: Be thorough and be scene as you enter and mov e around the scene
professional. to get an ov erall v iew before you start your
 As the crime scene inv estigator, do not begin to intensiv e searches. If you have neither a Polaroid
search or process the scene when a suspect may camera nor a camcorder, use a v oice-activ ated
still be present. If you are the primary tape recorder or take good notes. These will be
inv estigating officer who is also responsible for your initial observ ations. You will later begin using
CSI, you need to first dev ote your full attention to your 35mm SLR camera for the more detailed
searching for suspects who might still be on the ev idence photos that we will cov er in Chapter
premises. Nine. If you hav e a notepad in hand, make a
 Once you determine that suspects are in custody rough sketch of the crime scene and the general
or hav e left the scene, then you can area for orientation purposes. You will prepare
concentrate on the collection of ev idence. It is, more detailed sketches later. These photos and
of course, prudent to remember that it is possible rough sketches may help you reconstruct the
to miss a suspect during a search, or a suspect scene in your mind when you are preparing your
may return to the scene while you are processing reports, and sometimes the initial photos may
the scene. In that ev entua1it it is wise to hav e show certain items that may not show up later in

Compendium of Crime Detection and Investigation (CDI)


your more detailed photographs. It may lead you room, take outside measurements of the structure
to discov er that something has possibly and compare that with inside measurements. If you
contaminated the scene or someone just discov er an unexplained difference of sev eral feet, it
inadv ertently mov ed something. In the could well be that a sealed closet space that has
celebrated Jeffrey McDonald murder case been designated as a hiding space, which is perhaps
sev eral years ago, it was rev ealed that one of accessible from the attic or a crawl hole in the ceiling
the ambulance driv ers picked up and pocketed of the basement. Switch plates, plug plates, and
an item at the scene, believ ed to be a wallet spaces behind photos and other wall hangings
belonging to McDonald. prov ide access to the walls. Merely tapping on the
 Ev en though you are wearing glov es, touch wall will produce a hollow sound because most walls
nothing that you believ e might bear trace are hollow. Look around the edges of the wall, such
ev idence until you are sure that touching will not as at the ceiling and floor and door and window
wipe away fingerprints or other traces. Shine a frames. In v ery critical searches, it may be necessary
light obliquely across the surface of the floor and to tear out part of the wall.
other flat surfaces before you walk on them to
search for footprints or shoe prints in the dust that Floors - Check the floor carefully for any loose boards,
has settled since the last time the surface was recently-installed tiles or carpeting, or recent repair
dusted. Use the oblique light procedure ov er all work to the floor or its cov ering. Color differences of
surfaces that might hav e been disturbed. floor cov ering may indicate that stains hav e been
Sometimes undisturbed dust ma yield information remov ed. You may search any area that might hav e
also. For example, one of the authors was taking contained bloodstains with tests that are described in
a burglary report from an auto parts shop owner, Chapter Seven. In a murder case sev eral years ago,
who listed dozens of items that had been stolen, the murderer decided to break up with his girlfriend.
but about a month’s accumulation of When she objected to such an abrupt end to their
undisturbed dust was on the shelv es where the relationship, he acceded to a final fling, but he
v ictim claimed the merchandise had been wanted it to be a threesome with another woman
stored. Then it was pointed out to the v ictim that participating. They had their menage a trois with the
if merchandise had been on those shelv es, the second woman videotaping a sex act between the
merchandise and not the shelv es would be two who were breaking up, during which the man
cov ered with dust. The owner then admitted he tortured and murdered the v ictim. This was all on
was “padding” the report a little for his insurance tape. Afterward, the v ideographer handed the tape
claim. It is reasonable to assume that he to the killer and went home. Some time later, the killer
probably dusted his shelves more frequently after was questioned about the disappearance of his
that. former girlfriend,, then ev entually arrested and
 Div ide the room or area into halves or quadrants, prosecuted for her murder. The third party in the sex
depending on the number of people you hav e scene who took the pictures testified to what had
inv olved in the search, and assign indiv iduals or happened that fateful night and told about the tape.
teams to each section. Next, divide the room into The police could not find the tape and relied only on
lev els at which the search will be performed, that witness’s account of the murder. The defendant
such as one-third of the wall from the floor up, testified that he was innocent and knew nothing of his
then the second one-third, and finally the rest of former lov er’s whereabouts. The defense then
the way to the ceiling, followed by the spaces brought up enough ev idence of alcoholism and
above the ceiling or false ceiling and crawl hole. mental instability of the prosecution’s star witness that
Later, when each officer or team of officers has the jury v oted for acquittal of the murderer.
completed their part of the search, switch
searchers and repeat the process. It is not EXTERIOR SEARCHES
unusual for one person to miss something that  Once you and your colleagues have established
another person will find. As you know, sometimes the parameters of the crime scene and search
we have blind spots where we look at something areas, div ide each area into workable portions
yet do not see it. Has it ev er happened to you and delegate each subarea to yourself and your
that a close friend comes within your v isual range colleagues, who are working either solo or in
at a conference, for example, and didn’t see teams of two. If you are conducting the search
that person until perhaps a half-hour later, and by yourself, sketch out the entire area, break it
your excuse was “1 didn’t see you come in”? In into workable subareas, then search one
the more serious crimes, a secondary search subarea at a time, checking off on your sketch
should be considered mandatory, and each part of the search area as you complete
preferably at a time when the lighting conditions that part of the search.
are at an optimum lev el.  You may choose to use any method you believ e
best for each indiv idual search, such as a spiral,
Ceiling Area - Look for false ceilings, and search the quadrants, ev er-expanding or contracting
area between that structure and the real ceiling, and circles, or back and forth in a straight line in a
the attic where there are accessible crawl spaces. pattern as one follows when mowing a lawn.
Burglars hav e been known to climb up into crawl What you call it is of lesser importance than how
holes that one would not imagine could bear such thoroughly you conduct your search. Even when
weight and bulk. The moral here is to search ev en the you are working alone, go back and search
most illogical places for people and contraband, so again, changing your method so as to maximize
your search is truly more thorough than if you were to the chances of finding something you might
search only the obv ious places. Search inside the hav e missed the first time. You not only must be
ceiling light fixtures and ducts for air conditioning, efficient, but also you must present the image
v entilation, and heating systems. Sound or speaker that you know what you are doing. This is true
systems, power conduits, other pipes, and enclosed especially when you have people watching you
areas should be giv en meticulous attention. Look work, such as that news photographer in a tree
behind and inside moldings and frames if they are nearby, or some Monday morning quarterback
loose or appear to have been disturbed. Search an’ who will tell ev eryone within earshot how sloppy
facade or other object that appears to be part of the you were when looking for ev idence. It may
room design but might he hollow and hide sound a little paranoid, but believe us, what you
contraband. do and how you do your job reflect on other
people’s assessment of your department. You do
Windows and Door Frames - Look for access points to not want your operation to be called a
hollow cores of doors and framing that hav e been “cesspool of incompetence.” In other words, you
disturbed or that could possibly conceal small hidden must not only know what you are doing, but you
items, such as bindles of drugs or folded paper. must appear as though you know what you are
Curtain and drape rods are good hiding places. doing.
 If the weather is working against you, such as
Walls - The spaces between walls are extremely good rain, snow, or high winds, you are probably going
hiding places. Sometimes a false wall can conceal an to change the sequence of your inv estigation so
entire room that has been sealed off with plaster and that you may search for those items that are
wallboard. If you think there might be such a hidden most likely to be destroyed or altered. Shoe prints

Compendium of Crime Detection and Investigation (CDI)


in a mud puddle or pools of blood that will be THE SEARCH CONTINUES
washed away unless collected immediately will  If practical, put plastic cov ers ov er your shoes,
take precedence ov er ev idence that can wait wear glov es to avoid leav ing impressions of your
until you hav e taken care of tie short-liv ed own at the scene, and continue your search. We
ev idence. If you are conducting your search on hav e conv eniently forgotten the name of the
a street, a highway, or a heav ily-trav eled author, hut one writer of an inv estigation text
sidewalk during rush hour, you will want to plan recommends that you keep your hands in your
your search so that your inv estigation will not pockets while searching a crime scene. This is
suffer yet will get the traffic mov ing as soon as neither wise nor practical, as ev idence can he
possible. collected only by mov ing and collecting things.
 There is no sense or reason where people Your responsibility is to determine if a crime has,
choose hiding places. For that reason, you must in fact, been committed and to conduct a
expect to find people and objects where one thorough inv estigation. Keep an open mind
would least likely find them. Desperate people throughout the entire time you are on the
can fit into places so small that it takes the fire premises, and av oid forming any preconceiv ed
department and its jaws of life to get them out. notions about the outcome of your search. If you
People have been found in trash compactors (a hav e a fixed objectiv e, you may find only what
nine-year-old boy), air-conditioning and heating you expect to find during your search. Sometimes
ducts, chimneys, kitchen and bathroom claims made by crime v ictims may not be borne
cabinets, ev en desk or dresser drawers. Ev en out by the facts. If your inv estigation is thorough,
when you are looking for larger items, consider the ev idence will speak for itself and either v erify
that the person who hid them has possibly or disprov e the statements made by the v ictims.
dismantled them and hidden their parts in  As you continue the process of inv estigating, stop
sev eral places. A postal inspector once told the occasionally and conceptualize the crime as it
story that a soldier during the Korean War sent a might hav e happened. What would be the likely
souv enir of an enemy’s confiscated gun home, point of entry? Exit? What route of trav el did the
but not all in one piece. As the story goes, an perpetrator(s) take while committing the crime?
alert postal clerk discov ered a single piece of the Imagine that you are in the perpetrator’s shoes
gun. When the soldier sent the last piece, the and how you would have carried out the action.
postal inspector put all the separate pieces Consider the timing. How much can be
together and reconstructed the whole gun. He accomplished in the time “window” when the
then charged the soldier with sending a firearm crime must hav e occurred? For example, in an
through the mails. Ev en though the story sounds a armed robbery of a gold v ault, the two owners of
little “fishy,” it does make the point that people the company stated that they were held up at
do ingenious things to skirt the law. gunpoint and tied up. Then several million dollars’
 If it does not complicate your inv estigation, have worth of gold bricks were remov ed from the v ault
someone familiar with the place to be searched, in 20 minutes by two men who used a three-
possibly an employee or tenant, accompany quarter-ton pickup truck to cart away the loot.
you while you search for items that are missing or Gold is heav y, as the officers knew. All they did
that hav e been left behind by the perpetrator. was add up the tons of gold that had allegedly
Be cautious when listening to claims about been stolen, then estimate that a pickup truck of
certain items stolen or mov ed, and do not that size would hav e had to make sev eral trips
accept at face v alue ev ery word that person ov er a couple of hours to cart all that gold away.
tells you. He or she may hav e a secret agenda, After pointing this out to the v ictims when
which might include misleading the investigation questioning them separately, one of the v ictims
or exaggerating his or her losses to defraud the confessed that actually they had only about a
insurer. Some people play burglars and thieves to half dozen bricks in all in, their v ault, which they
steal their cars or merchandise so that they can showed to the owners who wanted to look at
collect the insurance and split their earnings with their gold. They used the same gold bricks to
the people who allegedly v ictimized them. show all the people and did not expect anyone
to take their gold out of the v ault because gold
SEARCHES FOR BOMBS has to be assayed and weighed each time it is
 Searches for suspected bombs or phoned-in mov ed. Handling gold causes small particles to
bomb threats should be left to the specialists who be scraped off with fingernails or by such objects
are trained and equipped for such searches. But, as rings or bracelets, and consequently handling
as a crime scene inv estigator, you may find reduces its v alue. The two vault owners panicked
yourself the first one on the scene and searching when they receiv ed a surprise notification from
for suspicious objects until the bomb squad one of their customers, who became suspicious
arriv es. Be careful to leav e in place any object of their activ ities and told them that he had gone
that you suspect might be a bomb, ev acuate to the police to inv estigate what he believ ed to
the area, and stand by until the experts arriv e. If be a major scam. They feared that the police
the suspected object is in a building, ev acuate would come with a search warrant and find that
the entire building. If you do conduct such a they had been selling the same few gold bricks
preliminary search, take along someone who is many times ov er, and that there were actually
familiar with the building and its contents to only a half dozen gold bricks in the entire
adv ise you of objects disturbed or perhaps a building. The v ault owners were subsequently
package left on the premises that was not there conv icted for major felony fraud and the
earlier. Parcel deliv eries, including packages that misdemeanor charge of filing a false police
arriv ed by a postal carrier, should be handled as report was dropped.
though they were bombs until the bomb squad  In order to av oid allegations of incompetence or
has cleared them. dishonesty, he sure to document your search
 When searching for a bomb or similar dev ice, do v ery carefully with accurate notes, photographs,
not use any radio equipment, turn on or off any and fellow officers paying attention to each
light switches, or operate any dev ice that might other throughout the inv estigation. Do not
spark and set off a dev ice of some sort. Do not ov erlook the possibility of using a v ideographer
allow anyone to smoke, and av oid inserting and for the express purpose of liability protection, as
pulling out electric plugs. Some explosiv e devices cov ered earlier. You will want to document
hav e spring-wound clocks for timing and may be discrepancies between what v ictims and
heard ticking if you are searching in absolute witnesses describe happened and what did or
silence. If and when you find what you recognize did not happen. For example, a witness may
as a bomb or what you suspect might be a distinctly remember having seen the culprit crawl
bomb, and once you hav e v erified that the in through the window. When you examine the
bomb squad is on its way to the scene, withdraw window, you will see that the glass has been
from the area and make sure the surrounding broken, and jagged pieces of the glass still
area has been ev acuated. After the bomb has sticking up in the frame, but no blood or
been remov ed and/or neutralized, then continue snagged clothing on the jagged edges of the
your crime scene search. glass or on the windowsill, which would surely be
there if someone had crawled through that

Compendium of Crime Detection and Investigation (CDI)


window. Your photos or v ideo will show this dry floor will dry as the sun rises. The wet marks
discrepancy without your hav ing to editorialize should be noted and sketched, and
that the reporting party has probably lied. photographed when first observ ed, or they will
 Sometimes a so-called “v ictim” will try to be lost forev er. In the rain, muddy shoe prints
conv ince you that a window was broken from might wash away. Sometimes you run across the
the outside and entry was made though that well-meaning person who will start cleaning up
window. Your inv estigation shows that the the mess at the scene ev en before you hav e
window was broken from the inside, because it completed your inv estigation. It is not unusual for
had been raining during the past few hours, and sex crime v ictims to destroy the ev idence of the
there are no muddy footprints in the flowerbed attack on their own bodies by bathing or
below the window, and there are no muddy douching, and putting stained bedclothes in the
scuff marks on the outside wall, which would washing machine. These victims are probably not
hav e been placed there by a person climbing in ev en thinking of the harm they are causing to
through the window. your inv estigation because of their personal
 It is not usual for a bona fide crime to be emotional trauma.
enhanced by v ictims who magnify their losses,  These items of transient ev idence may not prov e
either intentionally or unintentionally. Under to be your most crucial ev idence, but when you
extreme emotional stress, three assailants may are searching the scene and collecting all
appear as fiv e, or a man, who is fiv e foot, three av ailable evidence, you may not be in a position
inches, may seem to be much taller and heavier. to know which items of ev idence are best and
Some v ictims are embarrassed to say that they which are not. Meticulously and completely
were beat up by someone smaller and who collect all items that are, or that might be,
might appear weaker than they are. Some ev idence, and then the ev idence itself will often
v ictims exaggerate their losses so that the tell you what role it will play in your case.
insurance will pay them for their entire loss and
also cov er their deductible amount, or to CONDITIONS RELATED TO THE CRIME
replace worn-out tools that they would rather the  Although they may not be counted as ev idence,
insurance company buy for them. Other v ictims certain circumstances may help you determine
make simple errors in describing the ev ent and the nature of the crime, the time of day, and
calculating their losses. perhaps something personal about the
perpetrator, such as taste in food or preferences
RECORDING THE SEARCH in radio or telev ision shows. Here are some of the
 We hav e already mentioned the use of things you should be aware of while conducting
recording dev ices, such as a tape recorder, your search.
v ideo camcorder, Polaroid camera, and other
cameras. When your inv estigation team is large 1. Discarded candy and gum wrappers, cigarette
enough one of the members of the team should and cigar butts or ashes, sales slips and receipts
be the scribe. Otherwise, you are the scribe that might hav e fallen out of the perpetrator’s
along with your other duties. Ev ery action taken pockets during the crime.
by the team members should be written down 2. Doors that are locked or unlocked, which are
exactly as it happens, and whenever a discovery different than how the occupant left them
of some new information or ev idence is made, before the crime.
the scribe should record the time, exact location, 3. Is there ev idence of damage or destruction of
description of the find, and precisely who made the door or the lock that would indicate a
the discov ery forcible entry?
 The scribe should also keep a log to record 4. If doors or windows were damaged, was the
arriv als and departures of all persons at the damage done from the inside or the outside? This
scene for any reason whatsoev er. If a superv isor may indicate whether it is a point of exit or entry.
just drops by at 8:47 A.M. to check on the 5. Was entry made with use of a key? Follow -up
progress of the inv estigation, the time and name inv estigators will find out who had keys.
of that superv isor should be entered on the log. 6. Is there ev idence that a lock was picked, as
You should take photos of their shoes or their indicated by metal shav ings and broken pieces
fingerprints if they have touched anything during of a lock pick?
their v isit to the scene. Include all persons, 7. Are there small pieces of metal on the premises,
because sometime later it may be discov ered possibly from a tool that the perpetrator took
that one of those people may hav e left shoe away from the scene?
impressions at the scene 8. Are the windows open or closed? Is the weather
 The scribe’s log will be incorporated into the outside consistent with this? On a cold day, and
completed package of reports. Some crime usually at night for security reasons, the windows
reports and supplemental reports add up to are closed and locked by the occupants.
thousands of pages before the case finally goes 9. Are the shades or drapes open or closed? Their
to court. In addition to the scribe’s log, each position may indicate that the people inside like
participant inv olv ed in the inv estigator’ will be dark interiors during the daytime or that it was
required to complete an indiv idual report with a nighttime and the window coverings were closed
complete account of exactly what he or she did for priv acy. Some nudists and other people who
and might have found and all the details f his or are allergic to sunlight keep their windows
her participation. The officer assigned as cov ered day and night. Some burglars close the
principal inv estigator of the case will hav e the blinds and shades so that they may work where
responsibility of collecting and coordinating all of people outside cannot see them.
those reports, and the principal inv estigator puts 10. If a window or door has been broken and the
them together so that they will hav e continuity debris on the sill and surrounding area is
and clarity for those who will read them. All undisturbed, you may surmise that nobody could
participants should later read through the reports hav e gone through that opening without cutting
of their indiv idual actions to check for the himself or herself and/or disturbing the debris,
accuracy of their contributions. 11. Are the lights on or off? Which lights may indicate
whether a person went into the kitchen or used
TRANSIENT OR SHORT-LIVED EVIDENCE the bathroom? The status of the lights may also
 Be careful to identify and protect transient giv e you a clue as to whether the crime was
ev idence that is not likely to last long because of committed during the day or night.
weather conditions such as rain, snow, or 12. Specific lighting during any time of the day might
warming sunlight, or because of v ehicular or foot indicate what the victim was doing at the time of
traffic that is likely to destroy the ev idence if it is the day might indicate what the v ictim was
not addressed immediately (Figure 6.3). Skid doing at the v ictim was doing at the time of the
marks on a heav ily-trav eled roadway will soon crime, such as working at a desk with the desk
blend in with previous and subsequent skid marks light on. This also might indicate that a thief might
and may not be distinguishable from each other. hav e turned on a desk light to see better when
Shoe or foot impressions in dust will blow away riffling through a desk drawers. Something like this
with the next strong gust of wind. Wet prints on a might indicate that the perpetrator knew the

Compendium of Crime Detection and Investigation (CDI)


location of his or her objectiv e, which might point accidentally also remov ed coins or some other
suspicion toward someone familiar with the items at the same time?
premises. 25. Was the place ransacked by a person who was
13. What is the status of the heating and air looking for anything of v alue, or did the intruder
conditioning? Some systems arc designed to know exactly what he or she was looking for? This
keep the ambient temperature constant. may identify the culprit as a member or friend of
Alternating heat and air, hut most are set at one the family instead of a stranger.
position or the other. Air conditioning on at full 26. If you hav e one, ask your tour guide through the
blast might indicate that the occupants last crime scene if there is anything at all out of the
touched the controls during the heat of the day, ordinary supporting our theory of transference.
or at night. Some burglars like to work in comfort
and may set the controls themselv es. Marking of Latent Fingerprint Evidence
14. How about the food preparation areas in the • All such ev idence should be marked in some
kitchen? What meal was the last one eaten or distinctiv e manner, such as is the case with any
prepared by the occupants? Are the dishes and other type of physical ev idence. Precautions
cups left in the same condition as they were seen should be taken, when marking ev idence, not to
last by the v ictims? Perhaps the perpetrator(s) damage or destroy potential latent fingerprints.
had a bite to cat to sustain themselv es during • Lifted, dev eloped latents should also be marked
their exploits. Check the kitchen sink and or sealed in marked env elopes.
dishwasher for their contents to see if you get any • Photograph-developed latents with and without
hints about the modus operandi or identity of the identifying markings and scale.
culprits.
15. Is there an indication that perhaps guests were Preservation of Fingerprint Evidence
expected or had arriv ed, and were the guests • The primary precaution in all cases is the
possibly inv olv ed in the crime? Do the number of prev ention of adding fingerprints to ev idence, or
place settings equal the number of residents? of destroying those already present.
This is especially important information to hav e if • Most fingerprints submitted will be on paper,
the residents hav e been murdered. glass, metal, or other smooth surfaced objects.
16. Can you detect any identifiable odors, such as When articles containing latents must be picked
perfumes, tobacco smoke, or medications, such up, touch as little as possible, and then only in
as mentholated chest rub, and other substances areas least likely to contain identifiable latents,
that are foreign to this particular place of such as rough surfaces.
business or residence? • While glov es or handkerchiefs may be used to
17. Check the sinks in the kitchen, bathrooms, and pick up such exhibits, any unnecessary contact
laundry room if you hav e a blood-related crime, should be av oided. Although using a cloth to
such as a homicide or assault. Sometimes the pick up exhibits prevents leaving additional prints
assailant might attempt to wash blood off of on the articles, the cloth will frequently wipe off
tools or weapons. Ev en though the sink may or smear any prints originally present, unless great
appear to be clean, the elbow -shaped trap care is taken.
beneath the sink may contain v aluable • Large articles containing latent such as glass,
ev idence because the perpetrator did not let metal articles, and firearms should be placed on
the water run long enough to clear the pipes. wood or heav y cardboard and fastened down
18. A toilet that has not been flushed completely with string to prev ent shifting and contact with
may yield such ev idence as cigarette butts or other objects in transit. Where such ev idence is to
human waste deposited by the perpetrator, be examined frequently, a pegboard should be
which may lead to determination of blood type obtained on which wooden pegs can be moved
or DNA of the perpetrator. as desired to support exhibits and keep them
19. What is the condition of the bedding in the from mov ing. Bottles and glasses may be placed
bedrooms? In sexual attack cases, you will v ertically on a board and placed in the bottom
collect all bedding to search for the presence of of a box. The base of the bottle or glass can be
body fluids, hairs and fibers, and other ev idence surrounded with nails to hold it in place, and the
to substantiate the charges. top can be either inserted through a hole in a
20. What is the state of dress or undress of the v ictims piece of cardboard or held in position with a
of assault or homicide v ictims? A rape suspect, wooden board nailed to the container's lid.
for example, may claim that the sex was • Papers and documents containing latent prints
consensual, while the torn clothing of the v ictim should be placed individually in a cellophane or
may prov e that extreme force was used. manila env elope. Such a container can be
21. Look at clocks and watches around the sandwiched between two sheets of stiff
premises, and on those worn by the v ictims and cardboard, wrapped, and placed in a box for
suspects. A wall plug may hav e been pulled mailing.
loose during the commission of a crime, or the
time showing on a watch worn by a witness may Firearms Evidence
be incorrect, and statements made may be • Nev er submit a loaded gun to the Laboratory,
crucially connected to his or her reference to the unless it is deliv ered in person. Unfired cartridges
time on that watch or clock. may be left in the magazine of a weapon,
22. The “star 69” feature on a telephone will possibly prov ided the magazine is remov ed from the gun.
call the phone number of the last party who A firearm with the cartridge in the chamber
called the residence or business where the crime should nev er be shipped by any method, ev en if
occurred. Or you may choose to press the the weapon is not cocked or on safety.
“redial” button to find out if the intruder made at • Nev er clean the bore, chamber, or cylinder
least one phone call while on the premises and before submitting a firearm, and nev er attempt
to whom that call was made. to fire the gun before it is examined in the
23. If a cellular phone or pager was stolen in the Laboratory.
crime, call the number of that unit and find out if • Nev er pick up a weapon by placing a pencil or
anyone answers. Lost units are also found that other object in the end of the barrel.
way by calling the number and hearing the ring • Record serial number, make, model, and caliber
or buzz and leading you to its location. A car of the weapon, and mark it in some
theft v ictim called the cell phone in his car. The inconspicuous manner that does not detract
person who answered was a friend waiting for from its v alue before sending it to the Laboratory.
the car thief tç get out of class. A brief Marking firearms is important since duplicate
conv ersation led the v ictim and the local police serial numbers are sometimes found on different
to a high school in another city, where the car guns of the same make and general type. Do
thief was arrested and the car recov ered without not confuse model numbers or patent numbers
damage. with serial numbers.
24. Small areas, such as stairways, foyers, and • Place weapons in strong cardboard or wooden
hallways, may rev eal items that hav e dropped boxes, well packed, to prevent shifting of guns in
out of an intruder’s pockets. Have you sometimes transit.
taken your car keys out of your pocket and • Rifles or shotguns should not be taken apart.

Compendium of Crime Detection and Investigation (CDI)


• If blood or any other material, which may pertain  Refrigerate, do not freeze standards collected in
to an inv estigation is present on the gun, place a yellow stoppered v acutainers.
clean paper around the gun and seal it with  Submit to the lab as soon as possible.
tape to prev ent mov ement of the gun and loss o Saliv a
of the sample during shipment.  Collect on a sterile gauze pad or swabs, allow to
• If the gun is to be examined for latent fingerprints, air dry and package in paper. Do not use plastic
use appropriate procedures . containers.

Blood Stains Evidence Seminal Stains


• Blood that is in liquid pools should be picked up • Seminal stains are often, but not always, found on
on a gauze pad or other clean sterile cotton clothing, blankets, sheets. Allow any stains to air dry,
cloth and allowed to air dry thoroughly, at room wrap in paper, and package ev idence in paper
temperature. It should be refrigerated or frozen bags. Do not use plastic bags.
as soon as possible and brought to the • For sex offense cases, the v ictim should always be
Laboratory as quickly as possible. Delays beyond examined by a physician or medico-legal officer. A
48 hours may make the samples useless. Sexual Assault Ev idence Collection Kit is used to
• If close to the Laboratory, deliv er stained object collect ev idence from the v ictim. It is v ery important
immediately. that the instructions on the kit be followed with care in
• If unable to deliv er to the Laboratory, or if the order to gain the greatest benefit from the collected
object must be mailed, allow the stain to air dry ev idence.
completely before packaging. • Label all garments such as undershorts, panties, or
• Do not heat stained material or place it in bright other exhibits and package each garment
sunlight to dry. Hang clothing and similar articles separately.
in a room where there is adequate v entilation. • If damp, allow fabric to dry completely before
• If not completely dry, label and roll in paper or packaging.
place in a brown paper bag or box and seal and • Handle fabrics as little as possible.
label container. Place only one item in each
container. Do not use plastic containers. Hair
• An examination of human hair can occasionally
Dried Blood Stains rev eal the possible race of the indiv idual from whom it
• On clothing, if possible, wrap the item in clean came and the part of the body from which it
paper, place the article in a brown paper bag or originated.
box and seal and label container. Do not • Human hair can be compared to determine whether
attempt to remov e stains from the cloth. or not two samples could have had a common origin.
• On small solid objects, send the whole stained The v alue of the Laboratory examinations of such
object to the Laboratory, after labeling and specimens will depend upon the amount of hair
packaging. recov ered and the characteristics found in the
• On large solid objects, cov er the stained area examinations.
with clean paper and seal the edges down with • Recov er all hair present. If possible, use the fingers or
tape to prev ent loss or contamination. If tweezers to pick up hair, place in paper bindles or
impractical to deliv er the whole object to the coin env elopes which should then be folded and
Laboratory, scrape the stain onto a clean piece sealed in larger env elopes. Label the outer sealed
of paper, which can be folded and placed in an env elope.
env elope. Do not scrape directly into ev idence • If hair is attached, such as in dry blood, or caught in
env elope. Scrape blood from objects using a metal or a crack of glass, do not attempt to remov e it
freshly washed and dried knife or similar tool. but rather leav e hair intact on the object. If the
Wash and dry the tool before each stain is object is small, mark it, wrap it, and seal it in an
scraped off. Seal and mark the env elope. env elope. If the object is large, wrap the area
• Do not mix dried stains. Place each stain in a containing the hair in paper to prev ent loss of hairs
separate env elope. during shipment.
• Nev er attempt to wipe dried stains from an
object using a moistened cloth or paper. In rape cases, the v ictim's pubic region should be combed
prior to collecting standards. Obtain known hair samples
Standard Blood Specimens from the v ictim, suspect, or any other possible sources for
 Autopsy Blood Samples comparison with unknown specimens. The recommended
Request that pathologist obtain the sample method for collecting head hairs is to start by hav ing the
directly from the heart into a yellow (ACD) or person from whom they are being collected bend ov er a
purple stoppered vacutainer (some labs request large sheet of clean paper, rubbing or massaging their
both). In rare cases when no liquid blood is hands through the hair so that loose hair will fall out on the
av ailable, ask pathologist to collect a section of paper. More should then be gathered by plucking them
liv er, bone, and/or deep muscle tissue and from representativ e areas all ov er the head. A total or 50-
freeze for typing. In such cases, proceed also 100 hairs is desired. Do not cut the hair. This same method
with collection of a secondary standard as may be used to collect hairs from other parts of the body.
described below. 30-60 pubic hairs are required. When the person is a
suspect, hair should be gathered from all parts of the body
Blood Samples From Live Individuals ev en though there may only be an interest in hair from the
 For typing purposes, hav e sample drawn into head at that particular time.
yellow and purple stoppered v acutainers. Note
these are distinguished from the BA tubes which Recovery of Evidence Samples
hav e grey stoppers. • Shoes and clothing of suspects or other objects
 If the v ictim is injured to the extent that a contaminated with glass should be wrapped in paper
transfusion is necessary, make an effort to obtain and submitted to the Laboratory for examination.
or begin necessary procedures to obtain the pre- • All glass found at hit-and-run scenes should be
transfusion sample collected by the hospital. recov ered. The search should not be limited to the
These samples are not retained for long periods point of impact, since headlight glass may be
by the hospital, so it is important to act promptly. dropped off at some distance away as the car leaves
Also, make sure that some bloodstained garment the crime scene. Glass from different locations should
worn by the indiv idual has been air dried and be kept in different containers. All glass should be
frozen to serv e as a secondary standard. collected because more than one type may be
present. In addition, if just a few representativ e
samples are sav ed, indiv idual pieces that could be
physically matched with glass remaining in the
headlight shell of the suspected v ehicle may be
Handling and Storage of Physiological Fluid Evidence ov erlooked.
Liquids (generally standards) • Place small glass fragments in paper bindles, then in
coin env elopes, pill boxes, or film cans which can be
Blood marked and completely sealed.

Compendium of Crime Detection and Investigation (CDI)


• Place large glass fragments in boxes. Separate
indiv idual pieces with cotton or tissue to prev ent To maintain integrity of the specimen; to further prov e that
breakage and damaged edges during shipment. no tampering took placed.
Seal and mark the box containing them.
“MARKINGS” on the specimen
Standards for Comparison These are information to ensure that the items can be
• Windows: If the broken window is small, send the identified by the collector at any time in the future.
whole window or all glass remaining to the
Laboratory. If the window is large, recov er sev eral This precaution will help immeasurably to established the
samples from different areas of the window. If the credibility of the collector’s report or testimony and will
ev idence glass is large enough for physically effectiv ely avoid any suggestions that the item has been
matching the broken edges or comparing the misidentified.
fracture lines, hackle marks, surface abrasions or
contamination, the whole broken window is Markings on Evidence during the collection
necessary. Markings on the specimen must at least contain the
• Auto Glass - Auto Headlights: All glass remaining in the following:
shell should be recov ered. If it is suspected that a new A. Exhibits and/or SOCO Case # (for SOCO
glass has been installed, this should be remov ed and personnel)
a careful examination made for small chips remaining B. Initials and or signature of the collecting officer.
in the shell from the prev ious lens which is broken. In C. Time and date of collection.
such cases, also submit the new lens to the
Laboratory. It is also important to note the place or location where the
• Other Glass: When bottles or other glass objects are ev idence was collected.
broken, recov er all remaining glass.
Note: ENCIRCLING THE STAIN WITH A MARKER OR INK MUST
Headlights and Taillights of Motor Vehicles BE DONE ONLY WHEN:
• As part of the inv estigation of v ehicle accidents, it a. To indicate a particular stain to be examined.
may be of importance to determine whether or not a b. There is a suspicion for a possibility that the stain
headlight or taillight was illuminated at the time the will further fade through time.
light was broken. c. The stain is not prominent or hardly v isible to the
• Recov ery of the filaments is of primary importance. naked eye.
These are quite small and their location may require a d. In rape cases, bed sheets, blankets, pillows,
careful search. If recov ered, they should be placed in couch cov ers, etc.. Are just some sample of
a paper bindle or a small pill box sealed with tape. materials where seminal stains are commonly
Whether or not the large filaments are located, all found.
remaining parts of the lamp socket, glass env elope, or
sealed beam headlight unit should be wrapped in This type of stains is unstable and fades through time.
paper and sav ed for Laboratory study. ENCIRCLING THE STAIN IS RECOMMENDED

Fibers and Threads Labeling through Tagging


• Such ev idence is often found in fabric abrasions or A. Tagging could be applied to mov able objects
caught in torn materials or other areas on hit-and-run such as this knife where placing markings on any
v ehicles. In some burglary cases, it may be found of its surfaces is not possible.
caught in torn screens, broken glass, or other B. The tag must contain the markings and other
locations information about the specimen.
• Examination of fibers can normally be conducted to C. It is adv isable to place same markings such as
determine the type or color of fiber. Such exhibit and initials on a secured portion of the
examinations will sometimes indicate the type of specimen for the following reasons:
garment or fabric from which they originated. a. The possibility for the tag to be
• Fibers and threads can also be compared with dislodged or remov ed due to loose
suspects clothing to determine whether or not they tagging or incautious transport of the
could hav e come from this clothing. specimen;
• If threads or large fibers are found, they can often be b. To further intensify identification of the
picked up with the fingers and placed in a paper specimen if ev er the need arises (e.g.
bindle, then in a coin env elope, which can be sealed court of law/proceedings)
and marked. Nev er place loose fibers directly into a
mailing env elope since they can be lost from this type Physical Evidence - These are the articles and materials
of env elope. which re found in connection with the inv estigation and
• If the fibers are short or few in number, and if it is aid in establishing the identity of the suspect.
possible to do so, wrap the area or the entire item
containing the fibers in paper and send the whole What are the procedures needed for the care of physical
exhibit to the Laboratory. evidence?
• Pick up fibers on tape only if the laboratory in your A. In order to introduce physical ev idence in court,
jurisdiction allows it and giv es you its requirements. three important factors must be considered:
When fibers or threads are recov ered, always send all B. The article must be properly identified
clothing of persons from which they might hav e C. Chain of custody must be prov ed
originated to the Laboratory for comparison purposes. D. The ev idence must be material and relev ant
• In sex offenses, assaults, and some other cases, it may
be possible to indicate or demonstrate contact What is chain of custody?
between two indiv iduals or between one other  It is the number of persons who handle the
indiv idual and some other object, such as a car seat, ev idence between the time of the commission of
by comparing fibers. Such examinations are only of the offense and the ultimate disposition of the
v alue when it is known no contact occurred between case and should be kept to minimum.
the two indiv iduals or an indiv idual and some other
object prior to, or subsequent to, the offense. Extra Methods and techniques in identifying deceased victims,
care must be taken to keep each article of clothing person, etc;
of each indiv idual or other object separated. Each Establishing Death
garment should be-laid on a clean sheet of paper, • The first essential step of the homicide
and separately rolled up in the paper after marking inv estigation is to establish that the v ictim is,
the exhibit. If the clothing of one subject touches the indeed, dead. Police officers do not hav e the
clothing of another, or if it is laid down on the table of legal authority to pronounce death, only
placed on the car seat contacted by the clothing of physicians/ medical doctor can establish the
the other suspect, the comparisons may be of no fact of death. For this reason, the police officer
v alue. should nev er assume death unless the condition
of the v ictim’s body demonstrates death in a
Proper documentation of crime scene investigation and totally obv ious manner.
techniques involving special cases;
SEAL

Compendium of Crime Detection and Investigation (CDI)


Identifying the Cadaver Algor mortis (Cooling of the body) - The body cools
• Establishing the identity of the v ictim is important, following death at approximately 1.5 degrees F per hour,
it will prov ide tracing clues to the motiv e and under normal conditions and assuming the body’s
identity of the perpetrator, with the identity temperature at death is 98.6 degrees F (37 degrees C).
known, the inv estigator can focus attention on
the v ictim’s background and establish a possible Factors affecting algor mortis
motiv e through such information. 1. illness
• If fingerprint identification is unsuccessful, the 2. clothes
inv estigator must rely on other methods to 3. obesity
establish identity. Dental structures are highly 4. room temperature
resistant to destruction, and are frequently useful
when the other portions of the body are totally Examination of the Cadaver at the crime scene
decomposed. • External post mortem appearances are v ery
• (Forensic Odontology). The skeletal remains of informativ e. The areas of the body showing
the v ictim may also help to determine identity, as liv idity indicate the position after death. Wounds
well as yield other types of information. If bone and their appearance are particularly significant
fractures are noted, they may be used to identify as they often assist in reconstructing the
the deceased, but if only corresponding medical circumstances of a crime, the nature of the
records can be located. murder weapon and the manner of its use.
• The widths of the pelv ic bones are excellent • Defense wounds are the result of a person’s
indicators of the v ictim’s sex; Determination of instinctiv e reaction of self-protection. It may be
the v ictims age maybe more difficult, in that the found on the hand in the effort of the v ictim to
v ictims past the age of eighteen years hav e grasp the wounding instrument or by raising the
generally achiev ed their maximum skeletal hand to protect the v ital parts of the body.
growth. Howev er, general age determination Absence of defense wound does not eliminate
can be established v ia dental structure. the possibility that the v ictim made some form of
defense.
Law of Multiplicity of Evidence - The greater the number of
points of similarities and dissimilarities of two persons Other external violence Marks
compared, the greater is the probability for the conclusion 1. Contusion - an injury in the substance of the skin,
to be correct. discoloration of the surface due to extrav esation
of blood. This is due to the application of a blunt
Determination of time of death - A determination of the instrument.
time of death should be attempted in all homicide 2. Hematoma- this is the extrav esation of blood in
inv estigations. This fact is significant because of its the newly formed cav ity.
inv estigativ e importance in corroborating or disputing 3. Incised Wound- produced by forcible contact on
alibis, or in establishing the v ictim’s mov ements prior to the body by sharp edge instrument.
death. Determining death is not an exact science. 4. Stab wound- produced by the forcible
application and penetration of a sharp
Post- mortem changes instrument.
• Livor Mortis (Discoloration of the body; Setting of 5. Punctured wound- penetration of a sharp
blood in the dependent regions following death) pointed weapon
6. lacerated wound- tearing of the skin due to
It is a reddish purple to purple coloration in dependent forcible contact of a blunt instrument.
areas of the body due to accumulation of blood in the
small v essels of the dependent areas secondary to grav ity. INCISED WOUNDS
This pooling of blood begins immediately after death and • SUICIDE:
becomes fixed in approximately 8- 12 hours. • “The hallmark of self-infliction is repetition.”
• The inv estigator can press on the skin in the • Usually grouped incisions, parallel
dependent regions and if the skin blanches, • Usual site: throat and wrist.
death has probably occurred less than 12 hours. • “trial or tentativ e cuts”
This becomes fixed after while and can tell if the • Homicidal cut throat is dev oid of tentativ e cuts
body has been mov ed. This is not a reliable and is sev ere.
indicator of time of death. This is a better • Homicidal cut throat can be multiple and
indicator of whether the body has been mov ed irregular.
since death. • In suicidal cut throat, left side of the neck has
more deep incision.
The color of liv idity may indicate the cause of death • Suicidal stabbing does not inv olv es the clothing.
• Carbon monoxide poisoning/ cyanide- cherry
red to pinkish color HANGING, STRANGLING AND SUFFOCATION
• Asphyxia- dark liv idity • Hanging is almost always suicidal.
• Phosphorus poisoning- dark brown • Self manual strangulation is impossible.
• Strangulation by ligature.
Types of Lividity • Horizontal v s. diagonal marks on the neck.
• Hypostatic. Blood is still in fluid form inside blood • Chemical asphyxia.
v essel; Change as position of the body change. • Choking is almost always accident
Blood remains fluid in the blood v essel for 6- 8
hours Two types of gunshot wounds:
• Diffusion. Coagulated inside blood v essel; 1. entrance wound (POE)
Change in position will change its location. 2. exit wound (POX)

Rigor Mortis (Stiffening of the body) Determination whether the wound is suicidal, homicidal or
• Chemical reaction that causes rigidity in the accidental
muscle groups or stiffening of the body after SUICIDE or HOMICIDE:
death due to the disappearance of Adenosine 1. GSW is arm’s reach
Triphosphat e (ATP) from the muscle. 2. Weapon should be present
• Rigor mortis disappears with decomposition 3. Usually the mouth, temple, anterior neck chest.
• Cold and/ or freezing will delay the onset of rigor 4. Not in the eye, abdomen or back
mortis as well as prolong its presence 5. Woman rarely use gun.
• Inv olv es all muscles the same time at the same 6. Multiple GSW suggest homicide.
rate. It appears first in the smaller muscles such as
the jaw and then gradually spread to upper and Evidence to prove that gunshot wound is suicidal
lower extremities. The fire is usually contact or near contact, as
shown by the presence of burning, singeing and
Instantaneous rigidity can also be found following tattooing of the area around the gunshot
ingestion of cyanide and strychnine poison. wound.
• The presence of usually but one gunshot wound.
In most cases, after a shot, especially at the

Compendium of Crime Detection and Investigation (CDI)


head, the v ictim can no longer v oluntarily act to possible relationships should be packaged in
inflict another shot. separate containers to prev ent any cross-
Portions of the body inv olv ed are those contamination.
accessible to the hand of the v ictim utilized in 11. Ev idences should be turned ov er to (he
committing suicide, he will not think of the ev idence custodian after it has been properly
difficult way of ending his life unless he has the processed. Ev idences turned ov er should be
intention of deceiv ing the inv estigators cov ered by officially approv ed receipts and
History of despondency, family problem which signed by the receiv ing ev idence custodian
may cause him to commit suicide indicating time and date when receiv ed and
from whom. This is also important for purposes of
Evidence to show that the wound is accidental accountability and responsibility especially in
1. Usually there is but one shot. cases where problems of loss, substitution, or
2. There is no special area of the body inv olv ed alteration of the ev idence(s) may arise.
3. Testimony of the witnesses 12. In packaging physical ev idences, the
appropriate tools needed should he used such
Evidence to show that the wound is homicidal as scissors, sealing tape, forceps, rubber glov es,
1. The site or sites of the wound of entrance has no pentel pens, pen and similar instruments.
point of election. Containers usually used are plastic
2. The fire is made when the v ictim is usually some env elopes/bags, plastic or non plastic bottles
distance away from the assailant (transparent or non transparent) wrapping
3. Signs of struggle/ defense wound maybe present papers, ev idence boxes, etc.
in the v ictim 13. Blood and similar substances should be stored in
4. There maybe disturbance of the surrounding on a refrigerator. Stain on clothing should be
the account of the prev ious struggle. wrapped separately, appropriately marked and
5. Wounding firearm is usually not found at the packaged. Documentary evidences should not
scene of the crime. be folded and should be placed in env elopes
6. Testimony of the witnesses. as appropriate. For fibers, hair and other similar
small items, this can be placed in objects with
Collection, handling, and preservation of physical stains; this should be placed in containers taking
evidence on special or high profile cases. care that no other substance may contaminate
the ev idence and brought to crime laboratory
MORE ON COLLECTION, HANDLING AND for analysis immediately. Food, fluids and other
similar substances should be placed separately
PRESERVATION OF EVIDENCE in moisture proof containers like bottles properly
 Sources of physical ev idence in the crime scene sealed. All other ev idences are collected and
and any traces may lead to the identity of the preserv ed as appropriate depending on its
perpetrator of a crime. For purposes of nature or condition and ev identiary v alue.
understanding, physical ev idence is any solid, 14. In the transport of ev idences where distance is
semisolid, or liquid substances (no matter how the problem, it should be shipped through
microscopic in nature) connected in the insured parcel post or registered mail as the
commission of a crime, which may help case maybe.
determine the facts/truth. It establishes a case for
or against a suspect by way of leads, clues or
ev idence itself. It may confirm statements of
witnesses or deny false testimony.
 Collection, handling and preserv ation of
ev idences may require expert processing or
require scientific examination by laboratory
technicians. Therefore, ev idence collection,
markings for identification, packaging,
transporting for safe storage or for laboratory
examination ‘and preserv ation should be
carefully done after such ev idences hav e been
located, recognized and recorded through a
systematic search. Carelessness or mishandling
may ruin ev identiary v alue.

Depending on what crime was committed, the collection,


handling and preservation of evidences must be carefully
and systematically done observing certain guidelines.
1. Ev idence containers should be on hand.
2. Conduct proper search to locate ev idences.
3. Where more officers are needed to conduct
search, they should be assigned specific areas
with proper instructions to follow.
4. Take photos of ev idences found.
5. Record location and description of ev idences
found.
6. Sketch crime scene indicating location of
ev idences when found.
7. All ev idences collected should be placed in
containers made for the purpose like boxes,
env elopes, plastic bags etc. and sealed.
8. Identify ev idences with appropriate markings by
writing complete description of the ev idence,
date/time collected, where collected,
nature/condition of ev idence and the name of
officer who discov ered and collected the
ev idence.
9. Inv estigator, for purposes of identifying
ev idences, should place the evidence itself or in
its container where appropriate. He should
howev er take care not to obliterate, alter
originality or contaminate ev idence(s).
10. In packaging ev idence(s), it should be done in
such a way that there will be no breakage, loss,
or contamination during handling or in transit.
Ev idences that need comparison analysis for

Compendium of Crime Detection and Investigation (CDI)


DRUGS AND VICE CONTROL produce an elated/ excited
emotional state.
DRUGS - Any chemically activ e substance rendering a
specific effect on the central nerv ous system of man. CLASSIFICATIONS OF DRUG ABUSERS
o A chemical substance that affects the processes A. Situational Users
of the mind and body o Those who use drugs to keep them
o It can either be natural and synthetic/artificial. awake or for additional energy to
perform an important work.
DRUG ABUSE o Indiv idual may or may not exhibit
o Deliberate use of medically useful drugs which psychological dependence.
hav e the capacity to alter mood and behav ior B. Spree Users
without the benefit of a prescription. o School age users who take drugs for
o It refers to the use of a medically useful mood- “kicks’, an adv enturous daring
altering drug for a purpose different from the one experience, or as a means of fun.
for which the drug has been indicated. o There may be some degree of
o It refers to the use of a drug with such frequency psychological dependence but little
that it causes physical or mental harm to the user physical dependence due to the mixed
or impairs social functioning. pattern of use.
C. Hard Core Addicts
DRUG DOSAGE o Those, whose activ ities rev olv e almost
o A dose of a drug is the amount taken at one entirely around the drug experience
time. and securing supplies.
o The doses taken become an extremely o They show strong psychological
important part of drug abuse. dependence on the drug.
o The most common drug in a dose can be D. Hippies - Those who are addicted to drugs
described as: believ ing that drug is an integral part of life.
 Minimal dose – the amount
needed to treat or heal, that is, ROUTES OF DRUG ADMINISTRATION
the smallest amount of drug A. ORAL INGESTION - The drugs is taken by the
that will produce a therapeutic mouth and must pass through the stomach
effect. before being absorbed into the bloodstream, the
 Maximal dose – the largest one of the most common ways taking a drug.
amount of a drug that will B. INHALATION - Drug in gaseous form enter the
produce a desired therapeutic lungs and are quickly absorbed by the rich
effect without any capillary system, it is probably the second most
accompanying symptoms of commonly used route of drug administration.
toxicity. C. INJECTION - The drug can be administered into
 Toxic Dose – the amount of the body by the use of syringe and hypodermic
drug that produces untoward needle in the following ways.
effect or symptoms of o Subcutaneous (SC) - Drug is
poisoning. administered by injecting the drug just
 Abusive dose – the amount below the surface of the skin; this is
needed to produce the side sometimes called “skin popping.”
effects and action desired by o Intramuscular (IM) - Administration
an indiv idual who improperly inv olv es the injection of a drug into a
uses it. large muscle mass that has a good
 Lethal dose – the amount of blood supply, such as the gluteus
drug that will cause death. maximus, quadriceps, or triceps.
o Intravenous (IV) - The most efficient
DRUG DEPENDENCE means of administration which inv olv es
o Also called as DRUG ADDICTION. depositing drug directly into the
o The users continue to take a drug ov er an bloodstream, this is also the most rapid
extended period of time. method of drug administration.
o The users find it difficult to stop using the drug.
o The users stop taking their drug – only if their D. SNORTING - Inhalation through the nose of drugs
supply of the drug is cut off, or if they are forced not in gaseous form, it is sometimes inhaling a
to quit for any reason – they will undergo painful powder or liquid drug into the nose coats of the
physical or mental distress. (Withdrawal mucous membrane.
Syndrome) E. BUCCAL - The drug is administered by placing
o Drug dependence may lead to drug abuse – them in the buccal cavity just under the lips and
especially the illegal drugs the activ e ingredients of the drug will be
absorbed into the bloodstream through the soft
TYPES OF DRUG DEPENDENCE tissues lining of the mouth.
A. PHYSICAL DEPENDENCE - can only be discernible F. SUPPOSITORIES - The drug is administered through
when drug intake is decreased or stopped and the v agina or rectum in suppository form and the
an inv oluntary illness called the withdrawal drug will also be absorbed into the bloodstream.
syndrome occurs.
o Tolerance REASONS WHY PEOPLE TURN TO DRUG ABUSE
- Occurs when the body A. POVERTY
becomes accustomed to a o This is the most prev alent factor that prompt
drug as the drug is repeatedly pushers and abusers alike to indulge in
taken in the same dose. dangerous drugs.
- It now requires ev er- increasing o Pushers were forced by the circumstances
larger doses to achiev e the to the retailing of prohibited drugs as a
same desired effect. meant or source of liv elihood.
o Addiction - Sev ere crav ing for the drug o Many abusers use dangerous drugs as a
ev en to the point of interfering with the v ehicle to escape the realities of pov erty
person’s ability to function normally. and its related problems.

B. PSYCHOLOGICAL DEPENDENCE - Exhibited when B. IGNORANCE - Lack of knowledge and


a user relies on a drug to achiev e a feeling of information about how dangerous drugs look like,
well- being. their bad effects, legal ramifications or
o Habituation consequences and other aspects of prohibited
- Characterized by continuous drugs
desire for a drug.
- A person believ es that the drug C. PARENTAL INFLUENCES
is needed to function at work or o Unhappy home, parents showing little or no
home because drugs often interest in their children, Abuses committed

Compendium of Crime Detection and Investigation (CDI)


by parents such as harsh physical C. South America
punishments o Columbia, Peru, Uruguay, and Chile are the
o Lack of parental v alues; parents who are principal sources of all cocaine supply in the
permissiv e and liberal; parental neglect; world due to the robust production of the coca
domestic v iolence; role modeling. plants- sources of the cocaine drug.
o Columbia: Coca/Cocaine
D. PEER INFLUENCES - Drug using friends encourage,
pressure ev en, a youth to experiment with drugs. D. Mexico - It is known in the world to be the number one
producer of marijuana.
E. PERSONALITY FACTORS
o Curiosity or the desire to experience a new E. Philippines
state of consciousness o The second in Mexico as to the production of
o Escape from physical and mental pain, relief Marijuana.
from boredom and frustration, and desire to o It also became the major transshipment point for
escape from harsh realities the worldwide distribution of illegal drugs
o Unable to conform to social standards; weak particularly shabu and cocaine from Taiwan and
personality or low sense of self-esteem. South America.
o It is noted that Philippines today is known as the
DRUG TRAFFICKING drug paradise of drug abusers in Asia.
o Otherwise known as DRUG TRADE
o Generally refers to the sale and distribution of F. India - The center of the world’s drug map, leading to
illegal drugs rapid addiction among its people.
o It refers to the illegal process through
which narcotics and other illegal drugs G. Indonesia
are produced, transported, and sold.  Northern Sumatra has traditionally been the main
o Drug Trafficking is the illegal cultiv ation, culture, canabbis growing area in Indonesia.
deliv ery, administration, dispensation,  Bali Indonesia is an important transit point for
manufacture, sale, trading, transportation, drugs en route to Australia and New Zealand.
distribution, importation, exportation and
possession of any dangerous drug and/or H. Singapore, Malaysia and Thailand - The most fav orable
controlled precursor and essential chemical. sites of drug distribution from the “Golden Triangle” and
other parts of Asia.
A. First Important Drug Traffic Route
 Middle East – discov ery, plantation, cultiv ation, I. China
harv est  The transit route for heroin from the “Golden
 Turkey - preparation for distribution Triangle” to Hong Kong.
 Europe - manufacture, synthesis, refine  It is also the country where the “ephedra” plant is
 USA – marketing cultiv ated- source of the drug ephedrine- the
principal chemical for producing the drug shabu.
B. Second Major Drug Traffic Route
J. Hong Kong - The world’s transshipment point of all forms
 Drugs that originates from the Golden Triangle of heroin.

Burma/ Myanmar K. Japan - The major consumer of cocaine and shabu


from the United States and Europe.

CONTROLLED SUBSTANCE - The Controlled Substance Act


of 1970 separates drugs that maybe abused into fiv e
Categories (Schedule) based on the use and biological
effects of the drugs.

Laos Thailand A. Schedule 1


 Almost all the drugs in this schedule are
In Southeast Asia the “Golden Triangle” approximately illegal.
produced 60% of opium in the world, 90% of opium in the  All hav e a high potential for dependence
eastern part of Asia. It is also the officially acknowledged and abuse, and it is illegal to have them in
source of Southeast Asian Heroin. your possession.
 Ex. Heroin, LSD, Mj
 Drugs that originates from the Golden Crescent
 Iran B. Schedule 2
 Afghanistan  These drugs are highly addictiv e but, despite the
 Pakistan risk, they remain in medical use because no
 India satisfactory non-addictive alternativ e medication
In Southwest Asia the “Golden Crescent is the major is av ailable.
supplier of Opium poppy, Marijuana and Heroin products  Ex. Cocaine, AMP, morphine and barbiturates.
in the western part of Asia. It produces at least 85% to 90%
of all illicit heroin channeled in the drug underworld C. Schedule 3
market.  This schedule includes drugs that hav e
 Drugs that originates from the Silver Triangle some potential for abuse or dependence.
 Peru  Ex. Acetaminophen or aspirin with
 Columbia codeine and some appetite suppressants.
 Boliv ia
D. Schedule 4
THE WORLD’S DRUG SCENE  These drugs are considered less likely to
cause dependence or to be abused as
A. Middle East much as the drugs in Schedule 3.
 The Becka Valley of Lebanon is considered to be  Ex. Diazepam, Chloral Hydrate,
the biggest producer of Cannabis in the Middle Phenobarbital
East.
 Lebanon is also became the transit country for COMMONLY ABUSED DRUGS - Drugs that are commonly
cocaine from South America to European illicit abused depending on their pharmacological effects may
drug markets. be classified into:
A. Sedatives - Drugs which reduce anxiety and
B. Spain - This is known as the major transshipment point excitement such as barbiturates, non-
from international drug traffickers in Europe and became barbiturates, tranquilizers and alcohol.
“the paradise of drug users in Europe.

Compendium of Crime Detection and Investigation (CDI)


B. Stimulants - Drugs which increase alertness and  its effect is weaker in intensity. Cough
activ ity such as amphetamines, cocaine and preparations.
caffeine.  Street Name: SCHOOL BOYS

C. Hallucinogens/Psychedelics A1.5 Methadone


 Drugs which affect sensation, thinking,  A synthetic narcotic used as treatment of heroin
self-awareness and emotion. dependence but also fallen to abused.
 Changes in time and space perception,  Other than methadone, other most commonly
delusions (false beliefs) and known synthetic opiate substitute are meperidine
hallucinations) may be mild or  (demerol) and darv on.
ov erwhelming, dispensing on dose and
quality of the drug. A.2 Barbiturates
 This includes LSD, mescaline and  are drugs used for inducing sleep in persons
marijuana. plagued with anxiety, mental stress, and
insomnia.
D. Narcotics  Street Name: LILY, BALA, DOWNERS, YELLOW
 Drugs that reliev e pain and often JACKETS, BLUE HEAVENS
induce sleep.
 The opiates, which are narcotics, A.3 Seconal - Sudden withdrawal from these drugs is ev en
include opium and drugs deriv ed from more dangerous than opiate withdrawal.
opium, such as morphine, codeine and
heroin. A.4 Tranquilizers
 Are drugs that calm and relax and diminish
TYPES OF DANGEROUS DRUGS anxiety?
 They are used in the treatment of nerv ous states
A. DEPRESSANTS and some mental disorders without producing
 Also known as “downers”, are drugs which act sleep.
on and depresses the central nerv ous system
causing initial relaxation leading to drowsiness A.5 Volatile Solvents - Gaseous substances popularly
and sleep. known to abusers as “gas”, “teardrops”.
 Used of downers results to impairment of
judgment, hearing, speech and muscle A.6 Alcohol
coordination.  The king of all drugs with potential for abuse.
 They dull the minds, slow down the body reaction  Most widely used, socially accepted and most
to such extends those accidental deaths and extensively legalized drug throughout the world.
suicides usually happen.
B. STIMULANTS
SIDE EFFECTS & LONG TERM EFFECTS DEPRESSANTS  Also known as “Uppers” Drugs which induce
alertness, wakefulness, elevated mood,
 Loss of body control may result to bone fractures increased speech, mental and motor activity,
 Impaired blood pressure regulation and balance relieve fatigue or boredom and decreased
control appetite.
 Cognitiv e impairment, memory loss and /pseudo-  E.g. Shabu, Cocaine, Ecstasy
dementia
 Nocturnal urinary incontinence IMMEDIATE EFFECTS OF STIMULANTS
 Worsening sleep  Dilated pupils
 Respiratory problems  Increase in blood pressure / Heart rate /
 Dependency Breathing rate / Body Temperature
 Ov er sedation may lead to death  Involuntary muscle twitching
 Less hunger
TYPES OF DEPRESSANTS  Slurred speech

A.1 Narcotics TYPES OF STIMULANTS


 The term narcotic basically refers to drugs that
produce a depressant effect on the CNS. B.1 Cocaine
 Medically they are potent pain killers, cough  The drug taken from the coca bush plant
suppressant and active component of anti- Ertyroxylon coca understably called “snow” in
diarrhea preparations. the junkie jargon.
 It is one of the strongest short acting stimulants.
OPIUM & ITS DERIVATIVES  Taken orally, injected or sniffed as to achieve
euphoria or an intense feeling of “highness”.
A.1.1 Opium  Street Name: COKE, CRACK, DUST, HEAVEN’s
 It is deriv ed from the Oriental poppy plant DUST, STARDUST, WHITE GIRL, SPEED BALLS
papaver somniferum.
 Raw opium is dark brown in color and is bitter in B.2 Amphetamines
taste.  Usually prescribed to reduce appetite and to
 Street name: “gum”, “gamot”, “kalamay” or relieve minor cases of mental depression.
“panocha”.  This drug is representativ e of a broad class of
stimulants known as “pep pills”.
A.1.2 Morphine  Street Name: EYE OPENER, LID POPERS, UPPERS,
 It is the most important alkaloids and HEARTS
constitutes about 10 % of the use raw opium
 Friedrich Serturner, isolated morphine from B.3 Shabu/ “poor man’s cocaine”
opium.  Chemically known as methamphetamine.
 Street Name; M, DREAMER, EMMA, EMSEL, Pulbos  It is a central nerv ous system stimulant and
sometimes called “upper” or “speed”. It is white,
A.1.3 Heroin colorless crystal or crystalline powder with a bitter
 Most commonly abused narcotic in the world. numbing taste.
 It was discov ered by Alder Wright (1896),  It can be taken orally, inhaled (snorted), sniffed
 Most powerful derivatives of Opium, bitterer (chasing the dragon) or injected.
and commonly injected.  It is considered as the most abused stimulants in
 Street Name: BLANCO, BROWN, SUGAR, the Philippines.
KABAYO, KENGKOY, GAMUT, MATSAKO,  Street Name: SHASHA. SPEED, SPLASH, UABS, S,
PULBOS, SAPSAP, TINIK ICE, SHA

A.1.4 Codeine B.4 Methylenedioxymethamphetamine - (MDMA) -


 Also known as Methylmorphine. “Ecstasy”

Compendium of Crime Detection and Investigation (CDI)


 It is a white, yellow or brown in color with a bitter  lack of interest in school and family activ ities
taste and comes in the form of a tablet, capsule
or powder.  Volatile Solvents
 Its tablet form comes in v arious designs and  odor of substance on breath and clothes
shapes hence  excessiv e nasal secretions, watering of eyes
 it is dubbed as “designer drugs”.  poor muscular control
 increased preference for being with a group
C. HALLUCINOGENS (PSYCHEDELIC) rather than being alone
 Natural or synthetic psychoactive drugs that  plastic or paper bags or rags, containing dry
produce reactions such as perceptual alterations plastic cement or other solv ent, found at home
and changes in the state of consciousness. or in locker at school or at work
 They consist of a v ariety of mind-altering drugs,  slurred speech
which distort reality, thinking and perceptions of
time, sound, space and sensation. 2. STIMULANTS
 Amphetamines/Cocaine/Speed/Bunnies/Ups
IMMEDIATE EFFECTS  pupils may be dilated
 Hallucinations/illusions  mouth and nose dry, bad breath; licks lips
 Faster heart beat and pulse rate frequently
 Bloodshot Eye/blurred vision/Rapid Eye  goes long periods without eating or sleeping;
Movement (REM) nerv ous; has difficulty sitting still
 Dry mouth and throat  chain smoking
 Forgetfulness/inability to think  if injecting drug, user may hav e hidden eye
 Altered sense of time/ disorientation droppers and needles among possession
 Impaired reflexes, coordination and
concentration  Shabu
 Acute panic anxiety reaction  produces elev ations of mood, heightened
 “Food-trip” & sleepiness (MJ) alertness and increased energy
 some indiv iduals may become anxious, irritable
C.1 Lysergic Acid Diethylamide (LSD) or loquacious
 Deriv ed from the fungus claviceps purpurea  causes decreased appetite and insomnia
which infects wheat.
 It was discov ered by Dr. Albert Hoffman while 3. HALLUCINOGENS
working in a Swiss Pharmaceutical company.
 Known on the street as “acid”, it is the best  Marijuana
known and most powerful hallucinogens.  may appear animated with rapid, loud talking
 Street name: XTC, ADAM, ESSENCE, HERBALS, E. and bursts of laughter
 sleepy or stuporous
C.2 Mescaline  pupils are dilated
 Aka STP which stands for serenity- tranquility-  odor(similar to burnt rope) on clothing or breath
peace- a drug deriv ed from the dried tops of the  remnants of marijuana, either loose or in partially
peyote cactus, a small cactus nativ e to Mexico. smoked “joints” in clothing or possessions
 Street Name: CACTUS, BUTTONS, BEAN
 LSD/STP/DMT/THC
C.3 Psilocybin
 hallucinogenic compound obtained in  user usually sits or reclines quietly in a dream or
mushroom, psilocybe Mexicana trance – like state
 Street Name: MAGIC MUSHROOM  user may become fearful and experience a
degree of terror which makes him attempt to
C.4 Phencyclidine (PCP) escape from his group
 considered as a danger and highly dangerous  senses of sight, hearing, touch, body image and
drug because it can be easily synthesized, time are distorted
 It is popularly known as angel dust.  mood and behav ior are affected, the manner
depending upon emotional and env ironmental
C.5 Marijuana (Cannabis Sativa) condition of the user
 Marijuana is a Mexican term meaning
pleasurable feeling. VARIOUS TEST FOR DANGEROUS TEST
 The flowering tops of both male and female
plant produce a sticky resin which contains A. Physical Tests
Tetrahydrocannabinol or THC.  weight / volume
 Street Name: Mary Jane, MJ, Flower, Pampapogi,  Appearance: color, texture,
Brownies, Damo, Pot, Joint, Dope  odor, homogeneity
 pH
SYMPTOMS OF ABUSE ON THE DANGEROUS DRUGS  Solubility
A. DEPRESSANTS  Microscopic
 Narcotics
 lethargy, drowsiness B. Chemical Test
 pupils are constricted and fail to respond to  Marquis Test – Amphetamines
light  Simon’s Test – Methamphetamines
 inhaling heroin in powder form leav es traces of  Chen-Kao’s Test- Ephedrine
white powder around nostrils causing redness  Cobalt Thiocyanate Test- Ephedrine
 injecting heroin leav es scars, usually on the inner  HNO3 Test- Opium Alkaloids
surface of the arms and elbows although user  Zwikker’s Test- Barbiturates
may inject drug in the body where needle  FBS Test- Marijuana
marks will not be seen readily  Micro-Diffusion Test- Volatile Substance
 user often leav es syringes, bent spoons, bottle
caps, eye droppers, cotton and needles in C. Field Test for Dangerous Drugs
lockers at school or hidden at home  Marijuana- Duquenois- Lev ine test (Red)
 user scratches self frequently  Shabu- Symone’s test (purple)
 loss of appetite  LSD- Van urk test (Blue purple)
 sniffles, running nose, red watery eyes, coughing  Opium- Marquis Test (v iolet)
which disappears when user gets a “fix”  Amphetamines- Marquis test ( red/ orange)
 Barbiturates- Dilli Koppanyi/ Zwikkers test (v iolet/
 Barbiturates/Tranquilizers blue)
 symptoms of alcohol intoxication without odor or  Cocaine- Cobalt thiocynate (blue)
alcohol on breath
 staggering or stumbling
 falling asleep unexplainably
 drowsiness, may appear disoriented

Compendium of Crime Detection and Investigation (CDI)


DRUGS INVESTIGATION PROCESSES  Undertake inv estigation, make arrest and
A. Initial Investigation apprehension of v iolators and seizure and
 Gathered information by personnel and confiscation of dangerous drugs,
from other sources – processing  Establish forensic laboratories,
 Use of informants or special agent (counter  Filing of appropriate drug cases,
surv eillance)  Conduct eradication programs,
 Casing  Maintain a national drug intelligence system,
 Tests buy  Close coordination with local and international
 Entrapment/Poseur buying/buy bust drug agencies.
operation NOT INSTIGATION
DANGEROUS DRUG BOARD (DDB)
PROCEDURES:  Created by v irtue of Republic Act 6425 otherwise
 Preparation of needs & known as Dangerous Drug Act of 1972
coordination subsequently repealed by RA 9165.
 Coordinated instructions  the policy-making & strategy-formulating body in
between all members of the the planning & formulation of policies &
team programs on drug prev ention & control.
 Test buy using marked money  It shall dev elop and adopt a comprehensiv e,
 Pre-arranged signal integrated, unified and balanced national drug
 Search Warrant and how it is enforced abuse prev ention and control strategy.
 Arrest
B. Investigation Proper – completion of needed POWER AND DUTIES OF DDB
documents for inquest to include crime lab  Formulation of Drug Prev ention and Control
examination of the confiscated contraband. Strategy,
C. Filing of investigation records  Promulgation of Rules and Regulation to carry
D. Testimonies out the purposes of this Act,
 Conduct policy studies and researches,
OPERATIONAL PLANS AGAINST THE DRUG PROBLEM  Dev elop educational programs and info driv e,
 Oplan Thunderbolt I – operations to create  Conduct continuing seminars and consultations,
impact to the underworld.  Design special training,
 Oplan Thunderbolt II – operations to neutralize  Coordination with agencies for community
suspected illegal drug laboratories. serv ice programs,
 Oplan Thunderbolt III – operations for the  Maintain international networking,
neutralization of big time drug pushers, drug
dealers and drug lords. COMPOSITION
 Oplan Iceberg – special operations team in DDB composed of 17 members wherein 3 of which are
selected drug prone areas in order to get rid of permanent members, the other 12 members are ex - officio
illegal drug activ ities in the area. capacity and 2 regular members.
 Oplan Hunter – operations against suspected
military and police personnel who are engaged THREE (3) PERMANENT MEMBERS
in illegal drug activ ities.  At least 7 years of training and experience in the
 Oplan Mercurio – Operations against drug stores, field of the ff: fields in law, medicine, criminology,
which are v iolating existing regulations on the psychology or social work.
scale of regulated drugs in coordination with the  Appointed by the president.
DDB/DOH and BFAD.  One designated as the Chairman with the rank
 Oplan Tornado – Operations in drug notorious of Secretary (with the term of 6 years) and the
and high profile places. two other regular members as undersecretary
 Oplan Greengold – NARCOM’s nationwide MJ (one with 4 years term and the other 2 years but
eradication operations in coordination with the succeeding appointment will serv e six years and
local gov ernments and NGO’s. until their successors shall hav e been duly
 Oplan Sagip-Yagit – A civ ic program initiated by appointed and qualified.
NGO’s and local gov ernment offices to help
eradicate drug syndicates inv olv ing street TWELVE (12) EX- OFFICIO MEMBERS
children as drug conduits.  Secretary or representativ e of the following
 Oplan Banat – the newest operational plan Department:
against drug abuse focused in the barangay  DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA,
lev el in cooperation with barangay officials. DepEd,
 Oplan Private Eye – sumbong mo shabu kapalit  Chairman CHED, NYC
premyo  Director General - PDEA

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) TWO (2) REGULAR MEMBERS


 Headed by Director General with the rank of  President of Integrated Bar of the Philippines
Undersecretary, appointed by the President. (IBP).
 The head of the PDEA is assisted by 2 deputies  Chairman or President of a non- gov ernment
Director General, with the rank of Assistant organization inv olv ed in dangerous drug
Secretary, 1 for Operations and 1 for campaign to be appointed by the President.
Administration, also appointed by the President.
 In July 2002, PDDG Anselmo Av enido (Ret.) NOTE: The Director of NBI and Chief, PNP are the
appointed as first Director General of PDEA. permanent consultant of the DDB.
 On April 6, 2006, Gen. Dionisio R. Santiago (Ret)
appointed as PDEA Director General v ice ESSENTIAL FEATURES of RA 9165
Anselmo Av enido.
 In January 2011, PCSUPT Jose Gutierrez (Ret) was RA 9165
appointed as PDEA Director General v ice Gen.  The Comprehensive Dangerous Acts of 2002
Dionisio R. Santiago (Ret).  Signed by GMA on June 7, 2002
 the secretariat of the National Drug Law  Took effect July 4, 2002
Enforcement and Prev ention Coordinating
Center or DEP Center has been absorbed by the TERMS TO PONDER
new agency  Administer – Any act of introducing any
 Narcotics Group of the PNP; dangerous drug into the body of any person,
 Narcotics Div ision of the NBI; and with or without his/her knowledge, by injection,
Narcotics Interdiction Unit of the Bureau of Customs hav e inhalation, ingestion or other means, or of
been abolished committing any act of indispensable assistance
to a person in administering a dangerous drug to
POWER AND DUTIES OF PDEA him/her unless administered by a duly licensed
 Cause the effectiv e and efficient implementation practitioner for purposes of medication.
of the national drug control strategy,  Clandestine Laboratory – Any facility used for the
 Enforcement of the prov isions of Art II of this Act, illegal manufacture of any dangerous drug

Compendium of Crime Detection and Investigation (CDI)


and/or controlled precursor and essential Dangerous Drugs and/or Controlled Precursors
chemical. and Essential Chemicals within 100 meters from
 Confirmatory Test – An analytical test using a the school (sec 5, Art II).
dev ice, tool or equipment with a different D. Drugs pushers who use minors or mentally
chemical or physical principle that is more incapacitated indiv iduals as runners, couriers
specific which will v alidate and confirm the result and messengers or in any other capacity directly
of the screening test connected to the dangerous drug trade (sec 5,
 Deliver– Any act of knowingly passing a Art II).
dangerous drug to another, personally or E. If the v ictim of the offense is a minor or mentally
otherwise, and by any means, with or without incapacitated indiv idual, or should a dangerous
consideration. drug and/or controlled precursors and essential
 Den, Dive or Resort– A place where any chemical inv olv ed in the offense be the
dangerous drug and/or controlled precursor and proximate cause of death of the v ictim (sec 5,
essential chemical is administered, deliv ered, Art II).
stored for illegal purposes, distributed, sold or F. When dangerous drug is administered, deliv ered
used in any form. or sold to a minor who is allowed to use the same
 Dispense– Any act of giv ing away, selling or in such a place (sec 6, Art II).
distributing medicine or any dangerous drug with G. Upon any person who uses a minor or mentally
or without the use of prescription. incapacitated indiv idual to deliv er equipment,
 Drug Syndicate– Any organized group of two (2) instrument, apparatus and other paraphernalia
or more persons forming or joining together with for dangerous drugs (sec. 10, Art II).
the intention of committing any offense H. Possession of dangerous Drugs during Parties,
prescribed under this Act. Social Gatherings or Meetings (sec. 13), and
 Financier – Any person who pays for, raises or Possession of Equipment, Instrument, Apparatus
supplies money for, or underwrites any of the and other Paraphernalia for Dangerous Drugs
illegal activ ities prescribed under this Act during Parties, Social Gatherings or Meetings
 Protector/Coddler – Any person who knowingly (sec. 14)
and willfully consents to the unlawful acts
prov ided for in this Act and uses his/her influence, POSSESSION OF DANGEROUS DRUGS (Sec.11)
power or position in shielding, harboring,
screening or facilitating the escape of any PENALTY - Life imprisonment and fine ranging from Php
person he/she knows, or has reasonable grounds 400K to 500K
to believ e on or suspects, has v iolated the
prov isions of this Act in order to prev ent the A. 50 grams or more of shabu
arrest, prosecution and conviction of the v iolator. B. 500 grams or more of marijuana
 Pusher – Any person, who sells, trades, C. 10 grams or more for any Dangerous Drugs
administers, dispenses, deliv ers or giv es away to
another, on any terms whatsoever, or distributes, PENALTY- Imprisonment of 20 years and 1 day to life
dispatches in transit or transports dangerous imprisonment and fine ranging from Php 400k to 500k
drugs or who acts as a broker in any of such A. 10 grams but not more than 50 grams of Shabu
transactions, in v iolation of this Act. B. 300 grams or more but less than 500 grams of
 Sell – Any act of giv ing away any dangerous Marijuana
drug and/or controlled precursor and essential C. 5 grams or more but less than 10 grams of any
chemical whether for money or any other Dangerous Drugs
consideration.
 Use– Any act of injecting, intrav enously or PENALTY- imprisonment of 12 years and 1 day to 20 years
intramuscularly, of consuming, either by chewing, and a fine ranging from Php 300K to 400K
smoking, sniffing, eating, swallowing, drinking or A. Less than 10 grams of Shabu
otherwise introducing into the physiological B. Less than 300 grams of Marijuana
system of the body, and of the dangerous drugs. C. Less than 5 grams of any Dangerous Drugs

COMPARISON OF RA 6425 AND RA 9165 USE OF DANGEROUS DRUGS (Sec.15)


 1st offense- minimum of six (6) months rehabilitation in
RA 6425 of 1972 RA 9165 2002 a gov ernment center
Dangerous drugs are categorized All drugs are categorized as  2nd offense- imprisonment ranging from 6 years and 1
as Regulated & Dangerous Drugs day to 12 years and a fine ranging from 50K to 200K,
Prohibited prov ided did not v iolated section 12
Accused can av ail of Parole, These priv ileges are curtailed
Pardon and Probation CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED,
Planting of ev idence as a violation Applies to any person AND/OR SURRENDERED DANGEROUS DRUGS... (SEC. 21)
applies only to Law Enforcers A. The apprehending team hav ing initial custody
and control of the drugs shall, immediately after
Penalties are low er Penalties has increased seizure and confiscation, physically inventory
and photograph the same in the presence of the
Quantity & quality of drugs is It does not consider quality as accused or the person/s from whom such items
considered in the imposition of basis for the imposition of penalty
were confiscated and/or seized, or his/her
penalties
Procedures after arrest & Procedure after arrest & representative or counsel, a representative from
confiscationof drugs does not confiscation of drugs has become the media and the Department of Justice (DOJ),
inv olv e other personalities complicated it requires the and any elected public official who shall be
presence of other personalities required to sign the copies of the inv entory and
Destruction of Drugs is done in Destruction Procedures on- be giv en a copy thereof
bulk Dangerous Drugs happens B. 24 hours- upon confiscation or seizure,
immediately ex cept quantitative or qualitative examination
retained samples C. 24 hours- Certification of Examination results if the
v olume can’t be completed within the time
THE UNLAWFUL ACTS PUNISHABLE BY LIFE IMPRISONMENT frame extended for another 24 hours.
AND FINE RANGING FROM 500K TO 1M D. 72 hours- after filling of criminal case, court shall
conduct ocular inspection.
A. Importation or bringing into the Philippines of E. 24 hours- order of destruction
dangerous drugs using diplomatic passport or
facilities or any means inv olv ing his/her official LABORATORY EXAMINATION OF APPREHENDED OFFENDERS
status to facilitate unlawful entry of the same (sec (SEC. 38)
4, Art II). A. 24 hours- subject to screening laboratory
B. Upon any person who organizes, manages or examination
acts as “financiers” of any of the activ ities B. 15 days- results of the screening laboratory
inv olv ing dangerous drugs (sec 4, 5, 6, 8 Art II). examination or test shall be challenged after
C. Sale, Trading, Administration, Dispensation, receipt of the result through a confirmatory test
Deliv ery, Distribution and transportation of

Compendium of Crime Detection and Investigation (CDI)


PLEA-BARGAINING PROVISION (SEC. 23) - Any person serious annoyance to his family or his affair, or of
charged under any prov ision of this Act regardless of the ordinary proper conduct. He has lesser
imposable penalty shall not be allowed to avail of the resistance to the effect of alcohol.
provision on plea-bargaining.  Chronic Alcoholics – person who, from the
prolonged and excessiv e use alcoholic
MANDATORY DRUG TESTING bev erages, finally develops physical and psycho-
A. applicants for driv ers license changes and dependence to alcohol. The
B. applicants for Firearms license & PTCFOR person consciously or unconsciously begins to
C. members of the PNP, AFP, & other LEA demand on alcohol’s narcotic effects for a
D. All persons charged with criminal offense with “pick-up”, to sleep at night, to feel “good”, to
penalty of not less than 6 years. cope with business or domestic problems, to
E. All candidates for public office national/ local enjoy social gatherings, to get away from
oneself, to repress inner urges or rebellion or
RANDOM DRUG TESTING resentment, and to reliev e distressing restlessness.
A. Students of secondary and tertiary schools NOTE: This person dev elops physical and moral
B. Officers and employees of public & priv ate offices deterioration, difficulties with the law, loss of his job and
family problems.
JURISDICTION OVER DANGEROUS DRUG CASES
 The Supreme Court shall designate special courts DRUNKNESS AS A CRIME
from among the existing RTC in each judicial  In the Philippines, drunkenness in itself is not a
region to exclusiv ely try and hear cases involv ing crime because a person may drink to excess in
v iolation of RA 9165. the priv acy of his home or in the party and
 The DOJ shall designate special prosecutors to commit no crime at all.
exclusiv ely handle cases involv ing violation of RA  It is only when a drunken person exhibits his
9165. condition publicly, or disturbs, endangers, or
injured others, that he became an offender and
PROCEDURE TO BE FOLLOWED IN VIOLATION OF RA 9165 therefore, subject to arrest and punishment.
A. Regional Trial Court (RTC)- Holds the Jurisdiction  Before and during elections, it is unlawful to sell or
of Violations of RA 9165 drink intoxicating liquor, as prov ided in the
B. 30 days- Conduct of Preliminary Inv estigation election law.
C. 24 hours- filling of information  Under RA 4136, as amended, driv ing under the
D. 48 hours- Filling of information of the MTC judge influence of liquor is prohibited.
who conduct PI to the proper prosecutor.  Under Article 15 of the Revised Penal Code,
E. 15 days- Termination of the reinvestigation when intoxication is considered as Alternative
prosecutor disagree to the MTC judge. Circumstances.
F. 60 days- Trial period of the case  It is considered a mitigating circumstance when
G. 15 days- Decision shall be rendered the offender has committed a felony in a state of
H. 15 days- If no appeal was taken the decision intoxication, if the same is not habitual.
shall become final.  It is considered an aggrav ating circumstance,
when the intoxication is habitual or intentional.
VICE - Any immoral conduct or habit, the indulgence of
which leads to deprav ity, wickedness and corruption of KINDS OF INTOXICATION
the minds and body.  Involuntary – when a drunken person does not
know the intoxicating strength of bev erage he
THE DIFFERENT FORMS OF VICES has taken.
 Drug Addiction  Intentional – when a person deliberately drinks
 Alcoholism liquor fully knowing its effects, either to obtain
 Prostitution mitigation or to find the liquor as stimulant to
 Gambling commit crime.
 Habitual – when the person finds that drinking
IMPORTANCE OF THE STUDY OF VICE has a constant necessary and the vice ultimately
 The study of v ice is important because these takes hold of him.
crimes are ev er present and persistent in all forms
of society. VARIOUS DEGREE OF INTOXICATION
 It is important because its ev il effects are more  Slight Inebriation – there is reddening of the face.
disastrous, morally and physically that other There is no sign of mental impairment, in
crimes. coordination and difficulty of speech.
 It is important because commercialized v ice  Moderate Inebriation – the person is
disrupt the social make-up of the community. argumentativ e and overconfident. There is slight
 It is important because vice effect the daily liv es impairment of mental difficulties, difficulty of
of more people that nay other crime. articulation, loss of coordination of finer
 It is important because its existence caused a mov ements. The face is flushed with digested
serious problem in law enforcement. eyeball. He is reckless and shows motor in
coordination. The person maybe certified by the
ALCOHOLISM doctor as being under the influence of liquor.
 Drunk – the mind is confused, behav ior is
irregular and the mov ement is uncontrolled. The
TERMS TO PONDER
speech us thick and in coordinated. The
 Alcoholism – state or condition of a person
behav ior is uncontrollable.
produced by drinking intoxicating liquors
 Very drunk – the mind is confused and
excessiv ely and with habitual frequency. (State
disoriented. There is difficulty in speech and
v s. Savage, 89 Ala. 17 LBA 426, 7 South, Rep. 183).
It is a condition wherein a person is under the marked motor incoordination and often walking
influence or intoxicated with alcohol. His is impossible.
 Coma – the subject is stuperous or in comatous
physical condition and behav ior has been
condition. Sometimes it is difficult to differentiate
modified to a certain extent by the effects of
this condition with other conditions having coma.
alcohol.
 Alcoholic Liquor – is any bev erages or
compound, whether distilled, fermented, or METHODS OF THERAPY ON ALCOHOLISM
otherwise, which will produce intoxication or
which contains in excess of one percentum of A. The Aversion Treatment
 This treatment seeks to create an av ersion from
alcohol and is used as a bev erage. (State v s.
alcohol by the administration of a Nauseating
Oliv er, 133 S.C. 125, 130 S.S. Rep. 213).
drug to be followed by a drink of liquor, and thus
 Drunkard – is a person who habitually takes or
dev elops a dislike of alcohol.
use any intoxicating alcoholic liquor and while
under the influence of such, or in consequence  The method maybe rather costly since
of the effect thereof, is either dangerous to hospitalization maybe required.
 Moreov er, the effect is not always lasting and
himself or to others, or is a cause of harm or
treatment must be repeated.

Compendium of Crime Detection and Investigation (CDI)


 Yet, it is said that this method has prov en  They have their own legitimate work or profession
effectiv e in more than half of the cases. but works as a prostitutes to supplement their
income. Sometimes they are tellers, sales-ladies
B. The Psychotherapy Method of department stores, waitresses, beauticians, or
 This cure depends upon showing that the real engage in similar jobs that they use to make
problem of the alcoholic is not the contacts with customers.
 Alcohol itself but the emotional problem that led  They receiv e telephone calls from a selected
the alcoholics to drink. group of customers and make arrangements to
 This method therefore, aims to eliminate these meet them at a designated place.
emotional tensions.  She may work alone or in partnership with an
 Through therapeutic interv iews, it undertakes to intermediary with whom she shares her earnings.
make the alcoholics aware of why he drinks and
to prov ide him with the strength necessary to HUSTLER
combat his problems.  Professional type of prostitutes.
C. The Program of Alcoholics Anonymous  She maybe a bar or tav ern “pick-up” or a “street
 This method is based on conv ersion and walker”.
fellowship.  The bar or tav ern “pick-up” frequents places
 It emphasizes that alcoholics understand where liquor is sold, sometimes operating with the
alcoholism better than anyone else consent and knowledge of the
 man is dependent upon God and must turn to management.
Him for help; that the alcoholic must sincerely  The streetwalker is the oldest and the most
desire to stop drinking common type of prostitute.
 He must admit that he is an alcoholic and  She may work with taxi-driv ers and commits
cannot drink in moderation. prostitution in a taxi-cab. Her common
customers are the tourists, gamblers, criminals,
PROSTITUTION Addicts and others.
 Their operation is oftentimes associated with
TERMS TO PONDER swindling their customers.
 Prostitution- It is an act or practice of a woman
who engage or habitually in sexual intercourse DOOR KNOCKER
for money or profit.  This is the occasional or selectiv e type of
 Prostitute - A woman who engage in prostitute.
discriminate sexual intercourse or acts with males  She is usually a newcomer in the business
for hire. Oftentimes, they are motiv ated by extreme
 Pimp - One who provides gratification for the lust  Desire for money due to pov erty or supporting
of others. their other v ices.
 Operator or Maintainer – one who owns or  She makes contact thru information coming from
manages houses of ill-refute where the the professional and hustler who are friends who
business of prostitution is conducted. Sometimes giv es her addresses of prospectiv e customers
they are called “madame or mama san”.
 White Slavery-The procurement and FACTORY GIRLS
transportation of women cross stateliness for  Is the real professional type of prostitutes?
immoral purposes.  She works in regular houses of prostitution or
 Whores/Knocker - It is a name often used for brothels.
all types of prostitute.  She accepts all comers and has nothing to do
with the selecting and soliciting the customers.
VAGRANTS AND PROSTITUTES (RPC)  She works in regular hours or tour of duty under
 Any person hav ing no apparent means of the direct superv ision of the madam or operator
subsistence, who has the physical ability to work of the prostitution house.
and who neglects to apply himself or herself to  She gets her share of the earnings by commission
some lawful calling. or per customers.
 Any person found loitering about public or semi-
public building or places, or tramping or TYPES OF PROSTITUTION HOUSES
wandering about the country or to the streets
without v isible means of support. DISORDERLY HOUSES
 Any idle or dissolute person who lodges in houses  Usually ridges sev eral numbers of factory girls or
of ill-fame, ruffians or pimps and those who professional prostitutes and under the control of
habitually associate with prostitutes. an organized crime ring.
 A “madam” or “maintainer” superv ises the
Republic Act No. 10158 operation supported by a staff of teller (cashier),
 Signed last March 27, 2012, amended Article 202 bell or room boys, register clerks, watchmen,
of the Rev ised Penal Code remov ing v agrancy pimps and security guards known as bouncer.
from the country's list of crimes amid concerns it  Their operation appears to be a legitimate
only targets the poor and the disadv antaged. business entity mostly under the protection of
 Although the poor or homeless people can no crooked policemen or law enforcement
longer be hauled to jail for v agrancy, the new authorities and their location is prominently
law continued to penalize women engaged in known to all their customers.
prostitution.  They hav e number of small rooms with the
 RA 10158, defined prostitutes as "women who for prostitutes staying there at where they wait for
money or profit, habitually indulge in sexual customers. At times, the house prov ided with
intercourse or lascivious conduct." secret exits ready for escaping in case of police
 A person found guilty of prostitution is punished raids.
by imprisoned from one to 30 days or a fine not
exceeding P200. FURNISHED ROOM HOUSE
 In case of recidiv ism, they are punished by  usually operated by an experienced “madam”
arresto mayor in its medium period to prison who rent rooms to legitimate roomers in order to
correctional in its minimum period or a fine maintain an appearance of responsibility
ranging from P200 to P2,000, or both, depending Purposely, the madam leav es sev eral rooms not
on the court. rented to legitimate roomers for ready use of the
 With the enactment of the law, all pending prostitution.
v agrancy cases meantime shall be dismissed  These prostitutes are mostly the call girls who
and all persons serv ing sentence for v iolating the make the room their designated places in
v agrancy law shall immediately be released. perpetrating their business.
 Their rent is on per customers basis or they
TYPES OF PROSTITUTES ON THE BASIS OF OPERATION maintain the rent continuously but the prostitutes
do not liv e there permanently but elsewhere to
CALL GIRLS maintain their anonymity and identity.
 These are the part-time prostitutes.

Compendium of Crime Detection and Investigation (CDI)


 These houses could be found mostly in flashy  LAST TWO Illegal numbers game where the
subdiv ision or residential areas. winning combination is deriv ed from the last two
numbers of the first prize of the winning
CALL HOUSES Sweepstakes ticket.
 This is where the customers call and the madam  BETTOR (Mananaya) Any person, who places bets
makes the arrangement and sends the girls by a for himself/herself or in behalf of another person,
transporter who is a man or woman to the place other than the personnel or staff of any illegal
arrangement. numbers game operation.
 The house appears to be a legitimate business  COLLECTOR or AGENT (Cabo, Cobrador) Any
house such as serv ice agencies, trav el offices, person who collects, solicits or produces bets in
coffee shops, beauty parlors and the like duly behalf of his/her principal for any illegal numbers
licensed and registered as such with the game who is usually in possession of gambling
gov ernment office. paraphernalia
 However, the telephone number is limited only to  MAINTAINER, MANAGER OR OPERATOR Any
qualified customers as recommended by their person who maintains, manages, or operates
pimps who conducts the background any illegal number game in a specific area.
inv estigation on the ability of the prospectiv e  FINANCIERS OR CAPITALIST Any person who
customers to pay. finances the operations of any illegal numbers
game.
MASSAGE CLINICS  PROTECTOR OR CODDLER Any person who lends
 These houses are operated under a licensed or or prov ides protection, or receiv es benefits in any
permit issued by the gov ernment but acts as a manner in the operation of any illegal numbers
front for prostitution where the act maybe done game.
or as per arrangement.
 They operate with barbershops with manicurists CLASSIFICATION OF GAMBLING GAMES
or“attendants” and “massagists” who while
serv icing their customers may make contacts or 1. Those who are absolutely or per se prohibited
the prostitutes or themselv es. a. Under Art. 195, RPC – monte, jueteng, other form
 These prostitutes are sometimes the newcomers of lottery, policy, banking or percentage game
in the business who do not earn much as and dog races;
attendants or massagists. b. Faro and roulette is absolutely prohibited by the
Gambling Law.
CONTROL AND PREVENTION OF PROSTITUTION
2. Those which are regulated by law. These games are
A. THE SCHOOL OF REGULATORY CONTROL regulated in the sense that the law allows the same to be
 This method maintains the idea that we cannot do played except on certain specified of the day.
away with prostitution unless we consider the a. Cockfighting under Art. 199, Rev ised Penal Code
problems and remov e the causes of prostitution. b. Horse Racing under Art. 198, Rev ised Penal Code
 The following regulatory policy has been adopted c. Panguingue, cuajo, domino, mahjong, entre
to prov ide the necessary protection for the society. cuatro, and other under Sec. 828, Rev ised
Ordinances of the City of Manila
 Segregation of brothels and soliciting to
restricted districts. LAWS RELEVANT TO GAMBLING
 Public licensing of houses of prostitution
 Registration of prostitutes to protect them from Article 195 of RPC
the exploitation of white slav e trade  Acts punishable in gambling – any person
 Periodic medical examination of prostitutes directly or indirectly take part in any game of
and public health education. Monte, jueteng, other form of lottery, policy,
 Legalization of the practice of prostitution banking or percentage game, dog races or any
under gov ernment superv ision and control to other game the result of which depends wholly
make it more realistic. upon a chance wherein wagers consisting of
 That arrest of prostitutes be handled by non- money, articles of v alue, or representativ e of
police agencies but should be taken care by v alue are made.
social workers and medical men.  Article 195 of RPC. The penalty of arresto mayor
 Finally, the rehabilitation of prostitutes by or a fine not exceeding two hundred pesos, and,
prov iding them jobs and facilities to earn a in case of recidiv ism, the penalty of arresto
decent liv ing. mayor or a fine ranging from two hundred or six
thousand pesos,
B. THE SCHOOL OF TOTAL REPRESSION  The penalty of prision correccional in its
 This method believ es that prostitution is both a maximum degree shall be imposed upon the
crime and a v ice and therefore, should be maintainer, conductor, or banker in a game of
repressed and totally prohibited. jueteng or any similar game.
 It maintains that chastity and continence should
be the rule of conduct for ev erybody and to allow Article 196 (RPC)
prostitution would be to abet immorality and white  Penalizing any person who shall import into the
slav e trade Philippine Islands from any foreign place or port
 As to licensing of prostitution, this school of any lottery ticket or advertisement, or in
thought argues that it inv ites men to enjoy conniv ance with the importer, shall sell or
promiscuity free and easy and without fear of the distribute the same.
law.  The penalty of arresto mayor in its maximum
period to prision correctional in its minimum
GAMBLING period or a fine ranging from 200 to 2,000 pesos,
TERMS TO PONDER or both, in the discretion of the court
 GAMBLING Wagering of money or something of
material v alue on an ev ent with an uncertain Article 197 (RPC). Betting in sports Contest
outcome with the primary intent of winning  Penalizing any person who shall bet money or
additional money and/or material goods. any object or article of v alue or representativ e of
 ILLEGAL NUMBERS GAME Any form of illegal v alue upon the result of any boxing or other
gambling activ ity which uses numbers or sports contest.
combination as factors in giv ing out jackpots.  The penalty of arresto menor or a fine not
 JUETENG llegal numbers game that inv olv es the exceeding 200 pesos, or both,
combination of numbers as a form of local lottery
where bets are placed and accepted per Article 198 (RPC). Illegal betting on horse races
combination .  Penalizing any person who, except during the
 MASIAO llegal numbers game where the winning periods allowed by law, shall bet on horse races.
combination is deriv ed from the results of the last  The penalty of arresto menor or a fine not
game of Jai Alai or the Special Llav e portion exceeding 200 pesos, or both,

Compendium of Crime Detection and Investigation (CDI)


Article 199 (RPC). Illegal cockfighting –
 Penalizing any person who directly or indirectly
participates in cockfights, at a place other than
a licensed cockpit.
 The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, in the discretion of
the court

RA 3063 – Approved June 17, 1961


 authorizing licensed race tracks and racing clubs
and their authorized agent to offer, take or
arrange bets outside the place, enclosure of
track where the races held.
 Penalty - fine of not less than one thousand pesos
not more than two thousand pesos or by
imprisonment for not less than one month or
more than six months, or both, in the discretion of
the court. If the offender is a partnership,
corporation or association, the criminal liability
shall dev olv e upon its president, director, or any
other official responsible for the v iolation.

PD 449 – Cockfighting Law of 1974 – Approv ed May 9,


1974.
PD 483 - Penalizing Betting, Game-fixing or point shav ing
and Machinations in Sports Contents. Approv ed on June
13, 1974.
PD 1602 – Approv ed June 11, 1978. prescribing stiffer
penalties on illegal gambling.
RA 9287 – Approv ed 2, 2004 An Act increasing the
penalties for illegal numbers games, amending certain
prov isions of P.D. 1602, and for other purposes.

Compendium of Crime Detection and Investigation (CDI)


FIRE TECHNOLOGY AND ARSON INVESTIGATION comes in contact with a fuel, the energy
supports the combustion process.
Technology and causes of fire; Combustion Reactions/Process:
 Causes pyrolysis or v aporization of solid and liquid
Fire Triangle Theory fuels and the production of ignitable vapors or
 The graphical representation of the three gases;
elements of fire, namely: Oxygen, Heat, and Fuel.  Prov ides the energy necessary for ignition;
 Each side is just as important as either of the  Causes the continuous production and ignition of
other two sides. There cannot be fire without all fuel v apors or gases to continue the combustion
the three parts present in equal proportion. reaction.
 Using the same theory, there are three ways to
extinguish fire: Types of Energy: (Common Sources of Heat)
1. Remov e the fuel 1. Chemical Energy - It is the most common source
2. Cut-off the oxygen supply of heat in combustion reactions. When any
3. Reduce the temperature (cooling) combustibles are in contact with oxygen
oxidation occurs. The reaction of this process
Elements of Fire results in the production of heat. Examples: Heat
 Heat - a form of energy generated by the generated from a burning match, Self-heating
transmission of some other form of energy, as in (spontaneous heating).
combustion or burning. 2. Electrical Energy - Electrical energy can
Heat Sources: generate temperatures high enough to ignite
1. Open flame any combustible materials near the heated area.
2. Hot surfaces 3. Nuclear Energy - Nuclear heat energy is
3. Electrical circuit generated when atoms either split apart (fission)
4. Friction or combine (fusion). Examples:
5. Sparks  Fission heats water to drive steam turbines
6. All sources of ignition and produce electricity.
 The solar energy is a product of a fusion
 Oxygen - a colorless, odorless gas and one of the reaction (a form of nuclear energy).
compositions of air which is approximately 21% 4. Mechanical Energy - An energy created by
by v olume. friction and compression.
Oxygen Sources: Oxygen  Heat of Friction - is the mov ement of two
Requirements surfaces against each other. This
1. 21 % of normal oxygen mov ement produced sparks being
2. 12 % - no fire generated.
3. 78 % of nitrogen  Heat of Compression - heat is generated
4. 14 % - flash point when a gas is compressed in a container
5. 1 % of other gases or cylinder.
6. 21 % - fire point
Self-Sustained Chemical Reaction (the fourth element) -
 Fuel - any substance which reacts chemically Combustion is a complex reaction that it requires a fuel
with oxygen and produces flames. The most (gaseous or v apor state), an oxidizer, and heat to
important element of fire. combine in a v ery specific way. Once flaming starts, it can
only continue when enough heat or energy is produced to
Fuel Sources: cause the continued chain reaction. Chain reaction is a
1. Solid - molecules are closely packed together series of ev ents that occur in sequence with the results of
2. Liquid - molecules are loosely packed each indiv idual reaction being added to the rest.
3. Gas - molecules are free to mov ed
Combustion - Fire and combustion are terms that are
Fire Tetrahedron often used interchangeably. Technically speaking, fire is a
 The fire, triangle theory describes the three form of combustion. Combustion is a self-sustaining
elements, of a fire as shown in Figure 1.1. Another chemical reaction producing energy or products that
explanation of the requirement of combustion cause more reactions of the same kind. Combustion is an
uses a four-sided figure called tetrahedron as exothermic reaction. Fire is a rapid, self-sustaining
shown in Figure 1.2. Both theories are used to oxidization process accompanied by the release of heat
explain what causes fire. The fourth element of and light of different intensities. The time it takes a reaction
the tetrahedron explanation is known as to occur determines the type of reaction that is observ ed.
chemical reactiv ity, or chemical reaction.
Products of Combustion
o For Combustion to occur, four elements
are necessary: Four (4) Categories of products of combustion:
 Oxygen (oxidizing agent)
 Fuel Fire gases
 Heat  Are those that remain when other products of
 Self - sustaining chemical combustion cool to normal temperature.
reaction. Common combustibles contain carbon, which
forms carbon dioxide and carbon monoxide
These elements can be graphically described as the fire when burned. Other fire gases include hydrogen
tetrahedron. Each element of the tetrahedron must be in sulfide, sulfur dioxide, ammonia, hydrogen
place for combustion to occur. This theory is extremely cyanide, nitrous and nitric oxide, phosgene, and
important to students of fire suppression, prev ention, and hydrogen chloride.
inv estigation. Remov ing any one of the four elements  The records of fatal fires show that more people
combustion will not occur. If ignition has already started, died from inhaling these super-heated and toxic
the fire is extinguished, if one of the elements is remov ed fire gases than from any other cause.
from the reaction.  The complete combustion of fuels containing
carbon will produce CO 2, but seldom will there
Components/Elements of the Fire Tetrahedron: be enough oxygen for complete combustion.
When only part of the carbon is oxidized, carbon
 Oxygen (Oxidizing Agent) - Oxidizing agents are monoxide is formed. While carbon monoxide is
those materials that yield oxygen or other not the most toxic fire gas, it causes mote deaths
oxidizing gases during the process of a chemical than any other because robs the body of oxygen
reaction.
 Fuel (Reducing Agent) - Fuel is the material or Types of Poisonous Gases:
substance being burned in the combustion  Hydrogen Sulfide (H 2S)
process.  Hydrogen Cyanide (HCN)
 Heat (Temperature) - Heat is the energy  Hydrogen Chloride (HCl)
component of the fire tetrahedron. When heat

Compendium of Crime Detection and Investigation (CDI)


Flame  Flashpoint - the temperature at which a material
 It is the luminous body of a burning gas which is not hot enough to keep burning, but still giv es
gets hotter and less luminous when mixed with off enough v apors to cause a flame to “flash”
more oxygen. Flame fades when carbon burns across the surface. The term “flashpoint” is used
completely, so flame is considered a product of to express the condition of a fuel v aporizing,
incomplete combustion. whether or not it is v aporizing fast enough to
 It is the manifestation of fire when the fire is in its keep burning.
gas-phased combustion.
Chemical Properties:
Nature of Fire - Ev en the most flammable materials (capable of being easily
 ignited)
Endothermic
do not reaction
actually burn.
- areThe
changes
vapor giv
whereby
en off by a material
results. This process is known as Pyrolysis. energy (heat) is absorbed or is added before the
reaction takes place.
Pyrolysis
 It refers to the chemical process whereby fire  Exothermic reaction - reactions or changes that
consumes the most solid part of the fuel. It is the release or giv e off energy (heat) thus they
thermal decomposition of a solid fuel through the produce substances with less energy than the
action of heat. reactants.
 The process of Pyrolysis inv olv es the following:  Oxidation - a chemical change in which
o The fuel is heated until its temperature combustible material (fuel) and an oxidizing
reaches its fire point; agent react.
o Decomposition takes place — moisture in  Combustion/flame - the manifestation of fire
the fuel is conv erted to v apor; when the fire is in its gas-phased combustion. A
o Decomposition produces combustible matter that is produced by fire.
v apors that rise to the surface of the fuel.  Vapor Density - The term used to explain the
These combustible v apors are technically weight of v apors is “v apor density”. In order to
termed as free radicals; measure the weight of these v apors we usually
o Free-radicals undergo combustion if compare them to air, which is considered to
proper amount of oxygen is present. hav e a vapor density of 1.00. Therefore, if we say
 The most common type of free- that a substance has a v apor density of 1.5; it
radicals - (combustible v apors): means that it is on-and-a-half times as heav y as
 Hydrogen gas air under the same conditions of pressure and
 Carbon monoxide temperature. If a substance has a v apor density
 Carbon dioxide of .7, it is lighter than air, weighing only 7/10 as
 Nitrogen much as an equal v olume of air.
 Most fires will inv olv e incomplete combustion,
producing CO and carbon particles along with Phases of Burning / The Three Stages of Fire
heat, water v apor, and CO 2.  The methods firefighters use to extinguish a fire
 A fire inv olving material other than hydrocarbons will depend largely on the phase in which they
and oxygen will produce combustion products find the fire.
composed of the atoms and molecules forming  Factors to be considered in determining phases
the material together with the ox idizer used for of burning:
the support of the combustion. This is the reason
a poisonous fuel may giv e off poisonous fumes 1. The amount of time the fire has burned;
and smoke. 2. The v entilation characteristics of the
confining structure;
Heat - A form of energy measured in degree of 3. The amount and type of combustibles
temperature, it is the product of combustion that spread present
the fire. It causes burns and other injuries such as
dehydration, heat exhaustion, and respiratory tract injuries. Fires generally have three (3) progressiv e stages based on
Heat, oxygen depletion, and carbon monoxide formation the abov e factors:
are the primary hazards in fires.
 Incipient/Beginning phase - it is the initial stage
Smoke - It is the v isible product of incomplete combustion, of fire.
usually a mixture of oxygen nitrogen, carbon dioxide,  Free-Burning Phase - the second phase of
carbon monoxide, finely div ided particles of soot and burning in which materials or structures are
carbon, and miscellaneous assortment of product burning in the presence of adequate oxygen.
released from the burning material.  Smoldering Phase - the final phase of burning
wherein flame ceases but dense smoke and
Properties of Fire heat completely fill the confined room.
Physical Properties
 Specific gravity - the ratio of the weight of a solid Backdraft
or substance to the weight of an equal v olume  Firefighters operating at fires in buildings must use
of water precautionary measures when opening a
 Vapor density - the weight of a v olume of pure building to gain entry, by prov iding v entilation
gas compared to the weight of a v olume of dry either by horizontal/cross v entilation (opening
air at the same temperature and pressure doors or windows), or v ertical v entilation
 Vapor pressure - the force exerted by the (opening a hole at the highest portion of the
molecules on the surface of the liquid at affected part of the building. As the fire grows in
equilibrium. a confine area, large v olumes of hot, unburned
 Temperature - the measure of thermal degree of fire gases can collect in unv entilated spaces.
the agitation of molecules of a giv en substance; These gases may be at or abov e their ignition
the measure of the molecular activ ity within a temperature but hav e insufficient oxygen
substance. av ailable to actually ignite. Any action taken
 Boiling point - the constant temperature at which during firefighting operations that allows air to
the v apor pressure of the liquid is equal to the mix with these hot gases can result in an
atmospheric pressure. explosiv e ignition called backdraft.
 Ignition temperature or kindling temperature -  The danger for backdraft can be minimized with
the minimum temperature to which the proper application of v ertical ventilation causing
substance in the air must be heated in order to the unburned gases rise and release through the
initiate or cause self-contained combustion opening before an entry is made.
without the addition of heat from outside
sources. Conditions that indicate the danger for backdraft
 Fire point - the temperature at which the a. Pressurized smoke exiting small openings
material will giv e off ample v apors to keep b. Black smoke becoming dense gray
burning. There is usually about 5-to 10º difference yellow
between the flashpoint and the fire point of most c. Confinement and excessiv e heat
materials. Since these two are just a few degrees d. Little or no v isible flame
apart.

Compendium of Crime Detection and Investigation (CDI)


e. Smoke leav ing the building in puffs or at Radiation - The transmission through the discharge and
interv als spread of heat from a heated or burning source. This
f. Smoke stained windows radiation takes place through the air or through space
that cause another flammable object to ignite.
Flashover - Flashover occurs when a room or other area is
heated enough that flames sweep over the entire surface. Convection - It is the transmission of heat by the mov ing
Firefighters originally believ ed that combustible gases currents of liquid or gas. When these gases or liquids are
released during the early stages of the fire cause flashov er heated, they start to mov e within themselv es; and by their
by collecting at the ceiling and mixing with air until they free motion, circulation starts.
burst into flames.
Flame Contact - Heat may be conducted from one body
Combustible material is grouped into one of four to another by direct flame contact. Fire spreads along or
classifications. through burning material by flame contact. When a
material is heated to the point where flammable v apors
These classes of fuel help to simplify firefighting methods are released, the v apors may be ignited. Any other
and techniques. flammable material may be heated to its ignition
temperature by direct contact with the flame or burning
Classification of Fire v apors.
 By knowing the classes of fire a certain material
will fall into, you will be able to make intelligent Intensity of Fire - Intensity of fire means simply “how hot the
firefighting decisions. fire is burning.” Some types of fuels naturally burn hotter
A. Based on Cause: (more intensely) than others. For example, a gasoline fire
1. Natural fire burns hotter than a wood fire, while an acetylene flame is
2. Accidental fire hotter than a gasoline flame.
3. Intentional fire
B. Based on Burning Fuel Factors to determine the intensity of fire:
1. Type of fuel
Four (4) Classes of Fire 2. Percentage of oxygen present

Class A - Materials inv olv ing v egetable fibers, wood, Explosive Limits
paper straw, grain, and grass; combustible minerals such  The term “explosive limits” means the amount
as coal and coke. Nearly all thrash fires are considered as (expressed in percent) of fuel v apor that can be
Class A. mixed with air to form and explosiv e or
flammable mixture. If less that this amount is
Class B - Materials including petroleum products such as used, the mixture will not burn. This is known as
gasoline, fuel oils, lubricating oils, and greases; animal fats “lean” to burn. If more than this amount is used,
such as butter, lard, and tallow; v egetable extracts such the mixture is called too “rich” and will not burn.
as alcohol, linseed oil, and turpentine; v egetable  There is a minimum proportion of v apor-to-air
compounds such as shortenings and oleomargarines; below which the vapor will not burn and there is
natural gases and compressed gases such as butane, also a maximum proportion of v apor-to-air
propane, hydrogen, and acetylene. abov e which the v apor will not burn. The
minimum (lower) and maximum (upper) limits of
Class C - This type of fire inv olv es electrical motors, the carton of v apor-to-air in which the mixture
electrical appliances and apparatus. Actually a Class C will ignite or explode are known as the lower and
fire is composed usually of Class A and Class B materials or upper explosiv e limits.
a combination of both. Use of water is usually dangerous
because of the risk of electrical shock. Magnitude of Fire - The Magnitude of fire means the size of
a fire, and it is gov erned by the surface area of fuel
Class D - These are materials inv olv ing combustible metals, exposed to the air. The magnitude of fire is not always
alloys, or metal compounds either in a solid, semi-solid or determined by the amount of fuel inv olv ed but more often
liquid state. They may further reduce in shavings, grindings, by the amount of fuel exposed to the air.
granules, or dust. Some liquid metals are kept in a liquid
state under pressure. Usually these liquid metals are Flashpoint - The temperature at which the material is not
extremely dangerous. Some of the more unusual metals hot enough to keep burning, but still giv es off enough
are: sodium, magnesium, titanium, sodium potassium, and v apors to cause a flame to “flash” across the surface.
uranium as well as pyrophoric organometallic reagents
such a alkylithiums, grignards, and diethylzinc. These type Firepoint - The temperature at which the material will giv e
of materials burn at high temperatures and will react off ample v apors to keep burning. There is usually about 5
v iolently with water, air, and/or other chemicals. to 10 degrees difference between the flashpoint and
firepoint of most materials. Since the two are just a few
Spontaneous Heating - Spontaneous heating and degrees apart, the term “flashpoint” is express the
spontaneous ignition start as a result of a chemical condition of a fuel v aporizing, whether or not it is
reaction within the material a reaction independent of v aporizing fast enough to keep burning.
any outside source of heat. Spontaneous heating begins a
cycle of oxidation that builds up heat v ery slowly in its first Ignition Temperature - Ignition temperature is the degree
stage. The condition that builds up temperature high of heat necessary to ignite flammable v apors. This
enough to cause ignition is called spontaneous heating. temperature can come from an external source (match,
At this point, it becomes spontaneous ignition. In most spark, and friction): or if the fuel itself is raised to this
materials this process dev elops slowly and does not reach temperature, auto-ignition (self-ignition) will occur.
its ignition point for days or ev en weeks; consequently, fires
may break out today, that were actually started days
before. Usually there is enough air to oxidation, but not Oxidation - In nearly all fires, oxidation takes place by
enough air to carry the heat from the area. Some of the using the oxygen that is present in the atmosphere.
common materials that may spontaneously heated and Howev er, in some cases, certain chemical compounds
ignited are animal oils, mixed fish oils, linseed oil, coal, known as oxidizing agents are inv olv ed. Though not
coke, charcoal, sawdust, hay, grain and cotton. flammable themselv es, when they are heated or when
they come in contact with water, they giv e off which in
Propagation of Fire - Propagation of fire simply means the turn, supports the burning of flammable materials.
spread of fire. As a substance burns, fire propagation will
be increased by the transmission of heat by nearby The more common Oxidizing Agents:
materials. This condition causes additional v apors to be 1. Nitrates
released thereby spreading the fire. 2. Chlorates
3. Peroxide
Types of Heat Transmission:
If a small quantity of potassium chlorate is added to a pile
Conduction - It is the transmission of object/medium or of sugar, flour, or starch, and heat is applied, the mixture
conductor, such as pipe, metal, hot air duct, wire, or ev en will burst into flame and burn v iolently. Without the
wall.

Compendium of Crime Detection and Investigation (CDI)


addition of the oxidizing agent, these same fuels would be Unknown Fire - fires which are not classified as to cause.
extremely slow in igniting.
Three General Classifications of Fire
Basic principles in Fire and Arson investigation  Innocent fire - e.g. natural and accidental
causes
FIRE INVESTIGATION  Incendiary fire - e.g. arson cases
 This chapter will point out the main features of fire  Unknown fire - e.g. fire of unknown causes.
Inv estigation. Fire inv estigation is by nature the
basis for fire prev ention program. Only an in- Fire Investigation and Evidence Kit
depth analysis of what sequences of ev ents
enable a fire to start, enabled it to spread, and Ev idence kit prov ides equipment for use in the
how and where it was controlled (e.g., inv estigation and for the preserv ation of any ev idence
firefighting, structural design, lack of fuel) can found at the scene after that ev idence has been
help prev ent future fires. Additionally, fire photograph in its original location.
inv estigation includes the observ ations of o Special clothing such as: cov erall, glov es, boots
ev eryone inv olv ed, and at the fires themselv es used to protect uniform;
there are many firefighters who will able to shed o Flashlight and electric lantern;
light on the nature of the fire, its progress, and so o Measuring tape and small ruler for making
forth. measurements;
 One of the most difficult problems to solv e is to o Labels (gummed and stringed) used to identify
determine the cause of the fire, since the flames items;
generally consume any ev idence of what o New or sterile glass jars with rubber airtight seals
occurred. This is the reason that the cause of used for the collection of samples;
most fires cannot be determined without a long o Env elopes, boxes, plastic bags, metal cans used
and careful inv estigation. for the collection (assorted sizes) used for
 Firefighters often make snap judgments at the collection of samples.
scene as to the cause of a fire, without an
adequate evidence or sufficient inv estigation on Basic Steps in a Fire Scene Examination
which to base their decision. Apparently, there is  Search systematically
hesitation on the part of the firefighters to admit  Observ e
that they do not really know the real cause of the  Take photograph
(approximately 4% of those reported) are listed  Work by the Process of Elimination
as “cause known.” Instead, the fire is attributed  Check and Verify
to v arious causes without apparent regard to  Take Note
actual ev idence or to lack of it.  Draw diagrams
 Some of the fav orite causes listed by firefighters,
when they are not certain of the actual cause, Areas to Conduct Fire Investigation
are faulty wiring, children playing with matches,
spontaneous combustion, sparks from stov e, Exterior - Determine where the fire v ested first by
burning rubbish, and careless disposal of smoking comparing burn char, smoke, and heat patterns around
materials. windows, doors, and roof.
 The v ery general and indefinite nature of these Look for the following:
causes indicates that, in most cases, they are  exterior points of origin;
based on assumptions, rather than on ev idence.  unusual, burn patterns of flammable liquid;
 In this relation, the material or book will assist you  tools and flammable liquid containers;
in performing or conducting inv estigation to  footprints and scuff, marks at suspected points of
determine the causes and origin of a fire. entry.
 No matter how small, fire must be inv estigated.
Fire inv estigations prov ide authorities with Interior - Conduct a cursory examination or general surv ey
information needed to guide fire prev ention of the entire structure of interior for the extent of fire
educational programs, help fire inspectors in damage. Establish the class of fire duration approximate
spotting and eliminating new or prev iously burn time by checking the following:
ov erlooked hazards, and dev elop meaningful o Window glass condition;
information for training fire protection personnel. o Depth of wood char, at or in close
 As far as fire inv estigation is concerned, they proximity to the point of origin;
must be defined as: o Penetration of fire restrictiv e wall
o Cause - that which made the fire start; cov erings by fire;
and o Electric clock that has been stopped by
o Reason - that which led to the cause of fire damage.
a fire (a motiv e leading to the action). o Note the time stopped and compare
 Both cause and reason must be established to with alarm time. The time factors should
satisfactorily complete a fire inv estigation. The be estimated and considered as
“cause” explains the existence of fire, or the approximation only.
WHAT of inv estigation; while the “reason”
establishes the WHY of the fire and inv estigation. Steps on How to Determine the Point of Origin
Both are required to correctly classify the fire, 1. Examine the entire interior of the building and
and also to prov ide guidance in establishing determine which room or areas hav e receiv ed
correctiv e action to preclude a recurrence of the most sev ere fire damage. Generally, this will
the incident. be the area where the fire burned extensiv ely or
the longest and will v ery likely be where it
The importance of the establishment of a fire cause is the originated.
knowledge of the physical aspects of fire. 2. Determine the lev el or origin within the room by
examining and comparing the bottom side of
Four General Classes of Fire Causes the tables, shelv es, and chairs.
3. Examine the ceiling and look for the following
Natural Fire patterns:
 fire caused naturally without human interv ention a) fire penetration and
or aid; such as lightning, spontaneous ignition, b) heav iest fire exposure
mechanical malfunction of equipment. 4. Examine the light bulbs within the room. The side
of the bulbs which is initially exposed to heat
Accidental Fire - fire causes where human action is begin to swell or bulge and lose shape at about
inv olv ed directly or indirectly. i.e. a). Careless disposal of 900 ºF when exposed to heat for 10 minutes or
smoking materials; b). workers using welding-cutting more actually point to the area of fire origin.
equipment 5. Examine walls within the room and look for fire
patterns or fire cones. Fires generally burn
Arson - fire cause as a result of the willful and criminal upward and outward, leaving corresponding fire
action of some persons, i.e., incendiary fire. patterns on wall as a result of heat transfer
through conv ection and radiation. The steepness

Compendium of Crime Detection and Investigation (CDI)


or relativ e, pitch of the angle seen on the fire or starv ation. The tetrahedron concept adds a
cone is indicativ e of the type of burning, e.g fourth element - chemical reaction.
smoldering or flaming
 Under the triangle-of-fire-concept, there are
Debris - Examine the fire debris and the floor in the three (3) ways of suppressing, controlling, and
following manner: extinguishing a fire, namely:
o Conduct a detailed search of the debris,
examining it layer by layer until the floor is Cooling - The cooling process uses an extinguishing agent
reached; whose primary characteristic, is heat absorption. Water is
o Completely clean the floor on all debris and char the best general cooling agent for firefighting purposes.
dust. The floor and floor cov ering should be Used on Class A fires, the water absorbs the heat
clean enough to observ e and photograph the generated at the surface of the burning material, thus,
significant burn and char patterns -and should reducing the temperature of the material below its flash
be dry. point.
o Carefully reconstruct and replace furnishings and
other articles in their original positions by using Smothering - excludes the oxygen from the fuel so that
burn patterns and corresponding protected the gases or v apors of the fuel cannot ignite and continue
areas. During fire progress, legs and bases of the combustion. CO 2 and AFFF are used for this purpose.
furniture and other items on the floor will protect
the floor, leav ing unburned marks which will aid Separation - The remov al of the fuel, as in the example of
in repositioning. turning off a v alv e in a gas line prev ents the fuel and
o Examine the floor cov erings and floor for oxygen from coming together. If fuel is not av ailable, then
significant patterns. heat, regardless of the temperature, cannot affect the
fuel, Therefore, there is no fire.
Furnishings - Examine fire damaged furnishing such as:
upholstered furniture couches, chairs, beds, etc.  These three methods of extinguishment explain
how fires are extinguished with the used of water,
Two (2) General Types of Burn Pattern CO 2, and foam. They do not entirely account for
o Burn pattern that inv olv es a surface burning of the results obtained by v aporizing liquids or dry
the item. This pattern is indicative of the presence chemicals.
of a smoldering source of ignition. Examination of  Vaporizing liquids could not possibly absorb
supporting springs will disclose that tension still enough heat to hav e the same effect as water,
exists. and dry chemical do not exclude sufficient
o Burn, patterns involv ing deep penetration of one oxygen to smother a fire in the same manner as
portion with corresponding collapse of springs carbon dioxide.
and frame destruction: Spring collapse is caused  The next paragraph will explain the fourth
when the heating process occurs ov er an element, the chemistry of fire in terms of the
extended length of time, causing the springs to theory of reactiv ity.
lose their tension and collapses of their own
weight. Chemical Chain Reaction
 The fourth method of extinguishment is known as
Types of Fire/Arson Investigation inhibition or the interruption of chemical reaction.
Basic Investigation  The sequence of ev ents in suppressing or
Purposes: extinguishing a fire with dry chemicals or
1. to determine what property was damage; v aporizing liquids includes some aspects of the
2. what the causes and reasons were; first three methods.
3. the number and extent of injuries or fatalities;  Using the potassium bicarbonate (dry chemical)
and as an example, you can follow the process of the
4. the recommended correctiv e actions to prevent fourth method of extinguishment. Remember this
recurrence. is a rapid reaction and does not necessarily
happen one step at a time.
Technical Investigation- It is an in-depth inv estigation to  First, the heat of the fire v aporizes the potassium
determine more specific details of the cause and effects, bicarbonate thereby producing water, carbon
and to establish necessary correctiv e action. dioxide, and potassium dioxide. In the process of
v aporization and the change of these
Reasons in Conducting Technical Investigation compounds, a substantial amount of heat is
1. there is suspicion of arson in connection with any absorbed by the water and some smothering
fire; occurs due to the release of CO 2.
2. there is suspicion of negligence or v iolation of  Second, the chemical reaction resulting, when
regulations; the potassium dioxide unites with the water
3. the cause of any fire is undetermined (to formed by the fire creates an amount of
establish the most probable cause); potassium hydroxide.
4. there is ev idence of negligence or  Third, some potassium hydroxide reacts with
mismanagement in the fire suppression or rescue certain products released from the fuel, thus
operation, forming water and potassium monoxide. Other
5. loss of life or disabling as a result of fire. potassium hydroxide molecules react with the
free hydrogen of the combustion to form’ a
Arson Investigation - The direct result of the basic or potassium atom and molecules of water.
technical inv estigation or it may be brought about from  Finally, this combination of reactions halts the
outside knowledge. process of fuel uniting with oxygen of the air,
thereby breaking the chemical chain reaction
FIRE SUPPRESSION, CONTROL AND EXTINGUISHMENT, AND and stopping the fire.
EXTINGUISHING AGENTS - The proper selection of an agent
or method of control or extinguishment is the most Extinguishing Agentsv-vThe effectiv eness of an
important factor in determining the degree of a success of extinguisher on a particular fire depends on the amount
a firefighting operation. and type of agent in the extinguisher. Different
extinguishing agents can be used to put out a certain
Fire Suppression - means showing down the rate of class of fire by one or more methods.
burning, whereas, control means keeping the fire from 1. Remov ing oxygen;
spreading or holding the fire to one area. Extinguishment is 2. Remov ing the fuel;
putting the fire completely out. 3 Remov ing heat; and
4. Interrupting the chemical chain reaction.
Four Methods of Fire Extinguishment and How It Works
 Extinguishing fire is somewhat comparable to the  Some extinguishing agents may be able to
elimination of life. For example; the cooling of the extinguish more than one class of fire. They are
fire may be compared to asphyxiation marked with multiple letters or multiple
(elimination of the oxygen supply), and numerical-letter ratings.
separation may be compared with malnutrition

Compendium of Crime Detection and Investigation (CDI)


 The following are the most common extinguishing bicarbonate, potassium bicarbonate, and mono
agents, the class of fire they are used, and the ammonium phosphate are some of the pow ders
extinguishing methods used: commonly used today. Dry chemical is stable at
1. Water low temperatures, but it has an upper storage
 Used only on Class A fires. Water is the temperature of 140 ºF. At temperatures abov e
most effectiv e in cooling the burning 140 ºF some caking or sticking of the powder
material below its ignition temperature. occurs. These agents are said to be non-toxic,
It is the most commonly used agent in but in discharging large amounts they may
firefighting. cause some breathing and v isibi1ity problems.
 In its natural state, it is highly stable and
may be used to extinguish most types of Effects:
fire if properly applied. Due to its  Flames banish almost at once when dry
conductive properties, water should not chemical is applied directly to the fire area. But
be used on electrical fires. the exact chemistry and mechanism of the
extinguishing agent are not fully known. It has
Additives: been suggested that the dry chemical agents
 There are many additiv es for water inhibit the chain reaction in the combustion zone
used in firefighting. Each of these has a has a greater effect in the extinguishment than
specific purpose and effect on the the smothering or cooling actions and radiation
water. shielding hav e.

Ways or Methods Water Extinguishes Fires Dry Powder


 Dry powder is a generally term for agents used to
Cooling - The outstanding heat absorbing qualities of extinguish combustible metal fires. No one dry
water make it an excellent cooling agent. In the cooling powder has been found to be effectiv e, on all
process, water is applied in large enough amounts to types of combustible metals.
reduce the temperature of the surface of the burning
material to below its flashpoint. The amount of water Effects:
required depends on the burning material (temperature)  Dry powder generally extinguishes fires by
and the manner in which water is applied (straight or fog excluding air from the combustible metal. To
stream). some extent, heat is absorbed by the powder to
lower the temperature of the metal to below
Smothering - When water is used to smother a fire, stream ignition point (as with G.I. powder).
must be generated in sufficient amounts to exclude or
displaced air. If the steam generated is confined in the Usage:
combustion zone, the smothering action will be  Dry powder is used primarily on Class D fires and
enhanced. In ordinary combustibles, the cooling effects of should not be used on other types of fire, due to
the water not the smother - normally causes its limited v alue on these fires.
extinguishment. The smothering effect does not
completely extinguish the fire; rather, it has a tendency to Aqueous Film Forming Foam
suppress flaming.  has replaced protein foam for all around
firefighting purposes. Protein base foam is now
Usage used primarily for runway foaming operations
o Water is generally used on Class A fires. Fires and for some training purposes.
inv olving high flashpoint liquids (such as heavy fuel Effects:
oil, and asphalt) may be extinguished when water  The quick “knock-down” and “heat reduction”
is effectiv ely applied in spray form. Water may also properties of AFFF hav e prov n it to be a highly
be used to extinguish Class C and Class D fires in effectiv e agent. These properties, combined with
some cases. In these cases, use extreme caution its ability to seal the surface of burning
to av oid injury to personnel and/or damage to hydrocarbon fires to prev ent “flashback”, make
equipment. it an outstanding and effectiv e extinguishing
agent with which to work. When AFFF is applied
Carbon Dioxide (CO2) to the surface of a flammable liquid fire, the
o A number of its properties make CO 2 a desirable surface activ e material (surfactant) prov ides a
extinguishing agent. It is non-combustible and v apor sealing effect. This is not only extinguishes
non-reactive with most substances. CO 2 prov ides the fire but also prev ents the release of fuel
its pressure for discharge from storage cylinders or v apors which could result in flashbacks. This
extinguishers. Being a gas, CO 2 can penetrate and v apor seal is also v ery hard to break-up by
spread to all parts of fire. walking, or mov ing some hose lines through it.

Effects: Usage:
o Extinguishment with CO 2 is primarily by smothering.  As with any other extinguishing agent, its
It cov ers or blankets the burning materials and effectiv eness depends on the proper
reduces the oxygen content to below lev els application. The AFFF is designed to be applied
needed for combustion. Ev en though it is v ery at a 6 % mixture (94 parts water to 6 parts AFFF
cold, it has a little cooling effect on a fire when concentrate). This mixture should be applied in a
compared with equal amounts of water. This is the rainfall manner, or lobbing effect to allow rapid
reason when fires that hav e been apparently spreading ov er the surface. It is used primarily to
extinguished with CO 2 re-ignite from hot surfaces extinguish on Class B fires. It may be used on
or embers as the CO 2 dissipates. Class A fires but may be less effectiv e than plain
water. Foam spray (fog) is more conductiv e than
Usage: plain water fog, because the material contained
o Due to its non-conductiv ity, CO 2 is v ery effectiv e in the foam allows the water to conduct
for use on Class C fires. It is also used on Class B electricity.
fires, but another agent is needed in blanketing or
smothering on large are fires to prev ent re-ignition. Halons (Halogenated Agents)
 CO 2 can cause unconsciousness and  These agents hav e been used for ov er 50 years.
death in connections needed for Continuous research has brought these agents to
extinguishment. A 9% concentration is the present high degree of effectiv eness in
about all most people can take without interrupting the chain reaction they possess
becoming unconscious within just a few along with a decrease in life safety hazard.
minutes.  The older (better known) agents such as carbon
tetrachloride (Halon 104) and
Dry Chemical chlorobromomethane (Halon 1011) are less
 The dry chemical extinguishing agents in use effectiv e and more toxic than the newer agents
today are mixtures of powders and v arious now in use.
additiv es that improv e the storage, flow, and
water repellency of the powders. Sodium

Compendium of Crime Detection and Investigation (CDI)


Effects: Carbon Dioxide
 Halogenated agents work chemically to  used on Class B and Class C fires. CO 2
extinguish fire. They stop combustion process by extinguishes fire by smothering, reducing the
breaking the fire chain reaction and prev ent oxygen lev el, below that which supports
further fire propagation. This chemical fire- combustion. Under certain conditions, the
stopping action happens with only a low coldness of the gas also helps put out the fire. It is
concentration of halogenated agent used. an inert gas. When CO 2 is stored under pressure
Application of the agent may be applied locally in a cylinder or tank such a fire extinguisher, it
by using a compressed bottle of noncombustible changes from a v apor to a liquid. When it passes
gas similar to a carbon dioxide fire extinguisher. through the discharge v alv e of a fire extinguisher,
This type of application is effectiv e in controlling it changes from a liquid to a gas and the
or extinguishing surface fires inv olv ing flammable expansion chills it to low temperatures so that
liquid, solids, or gases, such as dip tanks, quench, approximate 30% of the liquid CO 2 is conv erted
tanks, spray booths, oil-filled transformers, or into a solid dioxide “snow” or “dry ice.” The
v apor v ents. cooling will often cause ice to form around the
“horn” where the gas is expelled from the
Usage: extinguisher. Since there is the possibility that the
 Halogenated agents are v ery effectiv e on Class fire could re-ignite, continue to apply the agent
B and Class C fires and hav e some effects or ev en after the fire appears to be out.
success on Class A fires.
Foam
FIRE EXTINGUISHERS  used only on Class A and B fires. Foam remov es
 First aid is the immediate and temporary care fuel by forming a layer ov er a burning liquid and
giv en to an injured or sick person before or until prev enting flammable v apors from escaping.
the arriv al of qualified personnel/doctor. When Foam will also smother by keeping oxygen from
the term first aid is used to describe a piece of mixing with the v apors and cool with a constant
equipment, the same general meaning applies. layer of water bearing foam
 Portable (first-aid) fire extinguishers are designed
to be used on fires as soon as possible after they Halons
start and before the fire gets too far along. These  used on Class B and C fires. These liquefied gases
extinguishers may be able to extinguish the fire or are most effectiv e in interrupting the chain
hold it in check until larger firefighting equipment reaction, but they also hav e slight smothering
arriv es. and cooling effects. These are made up of
 Extinguishers are designed primarily for use by carbon and one or more halogen elements like
people other than firefighters. The skill and fluorine, chlorine, iodine, and bromine. These
knowledge in their operation may mean the types of extinguishers are often used to protect
difference between using one small fire v aluable electrical equipment since they leav e
extinguisher or a big operation inv olv ing many no residue to clean up unlike CO 2. Halon
fire trucks and dozens of people to extinguish a extinguishers have a limited range, usually from 4-
fire. 6 feet. The initial application should be made at
the base of the fire, ev en after the fires hav e
Fire Extinguisher Defined: been put out.
 It is a mechanical device usually made of metal,
containing chemicals, fluids, or gases for Metal/Sand Extinguishers
stopping fires, the means for application of its  these types of extinguishers are primarily used for
contents for the purpose of putting out fire flammable metals (Class D) and hav e the
(particularly small fire) before it propagates, and characteristics of a blanketing effect
is capable of being readily mov ed from place to (smothering) on the fire. The most common
place. extinguishing agent used is sodium chloride.
 It is a portable dev ice used to put out fires of  The following are different types of Metal/Sand
limited size. Extinguishing Agents:

Classes of Fire Extinguishers: Sodium chloride


 used for metal fires inv olving magnesium, sodium
Portable Fire Extinguisher (spills and in depth), potassium,
 Portable fire extinguishers offer the greatest sodium/potassium alloys, uranium and powdered
potential for immediately controlling workplace aluminum. Heat from the fire causes the agent to
fires. harden and form a crust that excludes air and
 Their portability and relativ ely easy operation dissipates heat.
often make them ready for use within seconds.
Howev er, training and education is critical to Powdered Copper Metal (Cu metal)
know more on the operations and use of an  used for fires inv olving lithium and lithium alloys. It
extinguisher. Users should know how to identify is the only known lithium fire fighting agent which
extinguishers, what types are av ailable, where will cling to a v ertical surface thus making it the
they are in the work place, and abov e all, how preferred agent used on three dimensional and
to use them. flowing fires.

Dry Chemicals Graphite-based powders


 Dry Chemical extinguishers are usually rated for  these are designed for use on lithium fires. It is
multi-purpose use. It contains an extinguishing also effectiv e on fires inv olv ing high melting
agent and uses a compressed, non-flammable metals such as zirconium and titanium.
gas as a propellant.
o Regular or ordinary (sodium and potassium Specially-designed sodium bicarbonate-based dry agents
bicarbonate respectiv ely used only Class B  used to suppress fires with most metal alkyls,
or Class C fires. pyrophoric liquids which ignite on contact, with
o Multi-purpose dry chemicals (ammonium air, such as triethylaluminum.
phosphate) used on Class A, Class B, and
Class C. Sodium-carbonate-based dry powders
 Dry chemicals inhibit the chain reaction and, to a  can be used with most Class D fires inv olv ing
certain degree, cool and smother the fire. These sodium, potassium or sodium/potassium alloys.
agents are chemically treated with a substance This agent is recommended where stress,
to keep them water resistant and free flowing. corrosion of stainless steel must be kept to an
This also helps prev ent packing of the chemical absolute minimum.
while stored inside the extinguisher. These dry
chemical extinguishers may be found in sizes Halotron I Extinguishers
which range from 2 ½ to 30 pounds.  These extinguishers are intended for use on class
B and Class C fires. Halotron I is an ozone-friendly
replacement for Halon 1211 (which was banned

Compendium of Crime Detection and Investigation (CDI)


by international agreements starting 1994). This  The more common types of extinguishers that
“clean” agent discharges as a liquid, has a high you may come in contact with are the following
v isibility during discharge, does not cause 1. Water
thermal or static shock, leav es no residue and is 2. Carbon Dioxide
non-conducting. These properties make it ideal 3. Dry Chemical
for computer rooms, clean rooms, 4. Dry Powder
telecommunications equipment, and electronics,
and it is expensiv e. Carbon Dioxide Extinguishers
 CO 2 is an inert gas that extinguishes fires by
FE-36 - (Hydrofluorocarbon-236fa or known as HFC-236fa) smothering rather than by cooling. The heat-
 it is a DuPont-manufactured Halon 1211 absorbing capacity of CO 2 is v ery limited, being
replacement. This agent is less toxic than both only 10 % that of water.
Halon 1211 and Halotron I. It has a zero ozone-  When CO 2 is stored under pressure in a cylinder
depleting effect or potential. FE-36 is not or fire extinguisher, it changes from a v apor to a
scheduled for phase-out whereas Halotron I liquid. When it passes through the discharge
production is slated to cease in 2015. v alv e of a fire extinguisher, the change takes
place from a liquid to a gas and the expansion
Water Mist Extinguishers chills it to low temperature.
 Ideal used for Class A fire where a potential Class  Internal pressure generated by CO 2 stored in a
C hazard exists. Unlike an ordinary water tank or cylinder is proportional to the
extinguisher, the misting nozzle prov ides safety temperature; therefore, these extinguishers
from electric shock and reduces scattering of should not be placed in locations where heat is
burning materials. In non-magnetic v ersions, intense and they must be protected from the
water mist extinguishers are the preferred choice direct rays of the sun during hot weather. At
for MRI or NMR facilities or for deployment on room temperature, the CO 2 gas exerts a pressure
mine sweeper. of more than 800 psi in the extinguishers. The high
 Portable fire extinguishers are no substitute for internal pressure at normal temperatures requires
sprinkler systems, hose streams, or other fire that container must be made of heavy materials.
fighting dev ices. They contain a limited supply of  An empty 15-pound capacity extinguisher
extinguishing agent, and their discharge range weighs approximately 35 pounds. The 15-pound
and time is limited. But they are necessary ev en hand extinguisher and 50-pound hand-drawn
when property is protected by an automatic fire wheel-type extinguisher are the most commonly
protection dev ice. used in firefighting operation.

Steps in using portable fire extinguishers: Dry-Chemical Extinguishers


1. Pull the pin at the top of extinguisher. When in  Various compounds of dry-chemical agents are
place, the pin keeps the handle from being used. Some of the more common ones are
pressed, breaking the plastic or wire inspection sodium bicarbonate, potassium bicarbonate,
band. Point the nozzle or outlet toward the base and an ammonium phosphate which is a multi-
of thefire. If the hose is clipped to the extinguisher purpose agent. These agents are chemically
body, unclip it first. treated with a substance to keep them water
2. Press the handle abov e the carrying handle to resistant and free flowing.
discharge the agent. To stop the discharge,  This also helps prev ent packing of the chemical
release the handle. while stored inside the extinguisher. These dry-
3. Sweep the nozzle in side to side motion before chemical extinguishers may be found in different
the flames to spread the extinguishing agent. sizes which range from 2 Y2 to 30 pounds. The 30-
Direct the agent at the base of the flames. After pound size is the most common size used.
the fire is out, probe for smoldering hot spot or  The extinguishers may be cartridge-operated or
liquids that could reignite. Make sure the fire is may be of stored- pressure type. The design of
out. Back away from the fire area to protect the stored-pressure type is similar to the
yourself from possible danger or flashback. pressurized-water type.

Semi-Portable/Wheeled Extinguisher Dry-Powder Extinguishers


 These types of extinguishers prov ide a way of  These types of extinguishers are designed for use
getting a sizeable amount of extinguishing agent on Class D fires. Their sizes may v ary from the
to a fire rapidly. These units are designed for in small 1 lb., to the 350-pound wheeled type
plant protection and offer a considerably longer extinguishers. The 30-pound type is the most
agent discharge period and greater firefighting common type used in the U.S. Air Force. The
power. Capacities range from 100 to 350 lbs. of agents used I the extinguishers may be in powder
dry chemical agent. Generally, nitrogen in a or in granule form.
separate tank releases the agent through a  Using these agents on the wrong type of metal
flexible hose tipped with a spray nozzle. The units fire may result .in a serious explosion, release of
typically hav e a 50 foot (15 m) hose that allows toxic gases, or both, thus endangering the users
considerable maneuv erability while combating and others. One agent can be used on sev eral
fires. types of metal fires, while another agent v an be
used only on one specific type of metal fire.
Steps to Operate, a wheeled type extinguisher: These agents are also treated to remain water-
1. Open the compressed gas cylinder to pressurize the resistiv e and free-flowing under stored conditions.
agent;
2. Free the hose from its reel and mov e toward the fire; The law on destructive arson
3. Point the nozzle toward the base of the fire;
4. Squeeze the nozzle to discharge the agent. To stop LAWS ON ARSON
discharging, release the nozzle action.  This chapter will present and point out what are
the reasons that contribute to the spread of fire.
Inspection and Maintenance of Extinguishers: There are three principal causes of fire namely:
 Once a fire extinguisher is purchased and men, women, and children. This statement still
installed, it becomes the responsibility of the has considerable significance because most of
owner to maintain the extinguisher so that it the more than one and a quarter million building
remains fully operable. To fulfill this responsibility, fires that occur ev ery year in the United States
there should be a program to prov ide for the and Asian countries particularly the Philippines
periodic inspection of each extinguisher and an are cause by human errors either of omission or
effectiv e distinguisher maintenance program commission. For that reason considerable
 Fire extinguisher maintenance is a specialized importance is placed upon educating the public
activ ity and should be performed by competent along fire prev ention lines or programs. For many
persons. Fire extinguishers provided to protect life years we hav e referred to the “causes” of fire.
and property and there should be no doubt as to This was not always strictly correct. For example,
their reliability in time of emergency. flammable liquids hav e been listed as on of the
causes of fire, yet flammable liquids cannot

Compendium of Crime Detection and Investigation (CDI)


alone cause a fire unless some ignition source is The fingerprint of fire - This occurs during the free-burning
prov ided, and one may well ask, “What caused stage of the fire, or when it undergoes pyrolytic
the fire, the flammable liquid or the ignition decomposition or heated gases mov e upward on the
source? walls leav ing a burnt pattern.
 In the United, States, the inv estigation of fires for
their causes and the detection and Witnesses must be questioned as to:
apprehension of arsonists is correctly the function  His identity;
of the fire department. Arson and the malicious  What attracted his attention;
activ ities of many persons cause a significant  The time of observ ation;
impact each year in this country and abroad.  His position in relation to the fire at the time of
There are many motiv es that contribute to these his observ ation;
crimes.  Exact location of the blaze;
 The legal authority for inv estigating fires and  The rapidity or the speed of spread of the fire;
prosecuting people who arranged for a fire is  Color of flame and odor if he/she is in position to
usually giv en to the State Fire Marshall. But observ e this;
prov ing a case of arson against one or more  Size and intensity;
persons is another matter entirely, and may not  Any other person in the v icinity seen by the
be possible no matter how conv inced the witness.
inv estigator may be of the guilt. The choice of
whether to prosecute is up to the District Note Fire Setting Mechanism:
Attorney’s office as part of the criminal justice  matches
system.  candles
 In the Philippines, under the DILG or PNP Law, the  electrical system
Bureau of Fire Protection and Public Safety is the  mechanical means
main gov ernment agency responsible for the  chemical methods
prev ention and suppression of all destructiv e fires
on buildings, houses and other structures, forest, Motive
land transportation v ehicles and equipment,
ships or v essels docked at piers or major seaports, Persons with motives.
petroleum industry installations, plane crashes  those with desire to defraud the insurer
and other similar incidents, as well as the  employees or such other person who has
enforcement of the Fire Code (P.D. 1185) and griev ance
other related law.  those with desire to conceal ev idence of crime
 It has the major power to inv estigate all causes of  those who set fire for purposes of intimidation.
fires, and if necessary, file the proper complaints
with the proper authority that has jurisdiction over Persons without motive
the case (R.A. 6975, sec 54).  those who are mentally ill
 pathological fire-setters
What Constitute Arson?  Pyros (pyromaniac)
 Burning - there must be burning or changing, i.e.,  Psychos
the fiber of the wood must be destroyed or
decomposed, its identity or physical state In determining motiv e, the arson investigator concentrates
changed. on the three (3) Major Factors namely:
 Willfulness - the act was done purposely and with 1. Point of Origin
intention. 2. Modus Operandi
 Motive - the mov ing cause that induces the 3. Beneficiaries
commission of the crime.
 Malice - it denotes hatred or a desire for What are the common motives of arsonist?
rev enge.
 Intent - the purpose or design with which the act Economic Gain
is done and inv olv es the will to do the act  Insurance fraud – benefits
 Desire to dispose merchandise - loss of market
Methods of Proof in Arson v alue being out of season, lack of raw materials,
 Most of the physical ev idence in arson is often ov er supply of merchandise.
destroyed. To prov e arson was committed,
Corpus Delicti (the Body of the Crime) must be Profit by the Perpetrator other than the Insured Person
shown and the identity of the arsonist must be  Insurance agent wishing business with the insured
established. person
 Business competitors plan to driv e others
What is Corpus Delicti? - It is the fact of that crime was  Person seeking job as personnel protection
committed.  Salv agers and contractors wishing to contract
another building.
Factors involved
Concealment of Crime - when the purpose of hiding a
 Burning - that there was fire that may be shown crime or committing a crime, arson was used as a means.
by direct testimony of complainant, firemen
responding to the crime, and other witnesses of Pyromania
the fire incident. Burned parts of the building may  the uncontrollable impulse of a person to burn
also indicate location. anything without any motivation.
 Crimina1 Design - a willful and intent action o Abnormal youth - epileptics, imbeciles
done must be shown. The presence of incendiary and morons
dev ices, flammable substances/materials such as o Hero type - a person responsible setting
gasoline and kerosene may indicate that the fire a building on fire and pretends to
is not accidental. discov er it, turn the alarm or make some
 Evidence of Intent - when v aluables were rescue works to appear as “hero”.
remov ed from the building before the fire, the ill- o Drug Addicts and Alcoholics
feeling between the accused and the o Sexual Deviates and Perverts
occupants of the building inv olv ed or burned -
absence of effort to put off the fire and such Development of Prime Suspects
other indications.  This identification results from the full
dev elopment of leads, clues and traces, the
Points of Origin of Fire - Initially, the important point to be testimony of persons particularly eyewitnesses
established is the point of origin of the fire, or what and the dev elopment of expert testimony.
particular place in the building the fire started. This may be
obtained or established by an examination of witness/es
by the arson inv estigator, by inspection of the debris at the Techniques used in investigating Arson Incidents
fire scene, and by studying the fingerprint of fire  search of the fire scene for physical ev idence
 protection of the scene

Compendium of Crime Detection and Investigation (CDI)


 mechanics of search materials, combustibility of contents, channel of v entilation
 collection and preserv ation of ev idence and circumstances surrounding the sending of alarm, an
 laboratory aids experienced inv estigator can determine whether a fire
 background study of policy holders, occupants has spread abnormally fast.
of the premises, owner of the building or other
person hav ing major interest in the fire. Intensity - The degree of heat giv en off by a fire and the
 interv iew and interrogations of person/s who color of its flame often times indicate that some
discov ered the fire, the person who activated accelerant has been added to the material normally
the fire alarm, firemen, and eyewitnesses. present in a building and the investigator must look further
 surv eillance for more ev idence used of such accelerant. Difficulty in
extinguishing the fire is often a lead to suspect presence of
Tell Tale Signs - These signs maybe obv ious that the first such fluid or liquid as gasoline and kerosene.
fireman at the fire scene will suspect arson:
Odor - The odor of gasoline, alcohol, kerosene and other
Burned Building - the type of building may indicate a set flammable liquids which are often used as an accelerant
fire under certain circumstances. A fire of considerable size is a characteristics, and often times an arsonists is trapped
at the time the first apparatus arriv es at the scene is because of this tell tale sign. Most of fire-setters are
suspicious if a modern concrete or semi-concrete building inclined to use substances which will make the blaze
is inv olv ed. certain and at the same time burn up any ev idence of
their crime.
Separate fires - when two or more fire breaks out within a
building, the building is certainly suspicious. Condition of Content - Persons tending to set their house
on fire frequently remov e objects of v alue either materially
Color of smoke or sentimentally. Store and other business establishments
 some fire burn with little or no smoke but there remov e a major portion of their content or replace
are exceptions to this. The observ ation of the v aluable merchandise with, out of style articles.
smoke must be made at the start of the fire since
once the fire has consumed a major proportion; Doors and windows - Locked doors and obstructed
the v alue of the smoke is lost, because the smoke entrance and passageways are sometimes point to an
will not indicate the material used by the arsonist. attempt to impeded firemen in their operation to put out
 When white smoke appears before the water the fire. Doors and windows showing signs of forced entry
from the fire hose comes in contact with the fire, may point to arson preceded by burglary or arson by
it indicates humid materials burning. Examples: someone without a key to the premises.
hay, v egetables, phosphorous with garlic odor.
 Biting smoke indicates lack of air but if Other Suspicious Circumstances - Interested by-standers of
accompanied large flames it indicates familiar faces and discov ery of some objects which might
petroleum products and rubber. be part of a mechanical fire-setting device among debris.
 Reddish-brown smoke indicates nitrocellulose.
SI,H 2, SO 4, HNO 3, HCl. Arson and other crimes involving destruction

Indication of Color of Smoke and Fire Arson


 It is the intentional or malicious destruction of
Color of Smoke Material/Substance property by fire.
Black smoke with deep red Petroleum products  The Legal Aspect’s of Arson/Fire Inv estigation
flame such as tar, rubber, o It is the concern of the fire inv estigator to
plastics, etc. prov e malicious intent of the offender.
Heavy brown with bright red Nitrogen products Intent must be prov ed, otherwise no crime
flame exist.
White smoke with bright Magnesium products o The law presumes that a fire is accidental,
flame hence criminal designs must be shown.
Black smoke with red and Asphalt o Fire caused by accident or criminal design
blue green flame must be shown.
Purple-v iolet flame Potassium products o Fire caused by accident or negligence
Greenish-yellow flame Chloride and does not constitute arson.
manganese products
Bright reddish-yellow flame Calcium products Basis of Criminal Liability in Arson:
1. Kind and character of the building burned;
2. Location of the building;
Smoke Marks - an experienced investigator will determine
3. Extent of v alue of the damage;
the v olume of smoke inv olved at a fire and the character
4. Whether inhabited or not.
as residue deposited on walls or elsewhere. Smoke marks
hav e often been of assistance in determining the
possibility of a fire hav ing more than one place of origin. Destructive Arson is committed by burning of the following:
 Any arsenal, shipyard, storehouse, military
installation, powder or firework factory,
Color of Flame - The color of the flame is a good indicator
ordinance, storehouse, archives or general
of the intensity of the fire, it is an important factor in
museum of the gov ernment;
determining incendiarism.
 Any passenger train or motor v ehicle in motion,
o A reddish glow indicates heat of about
or v essel out of ports;
5000 ºC., a real light red about 1000 º
 In an inhabited place, any storehouse or factory
o Red flames indicate presence of petroleum
of inflammable or explosiv e materials; and
products
 Any theatre, church, cockpit arena, or other
o Blue flame indicates use of alcohol as
buildings where meetings are held, when
accelerant
occupied by numerous assemblage.
Size of fire - The size of fire is important when correlated
with the type of alarm, the time receiv ed and the time of Other forms of Arson
 Setting fires to any buildings, farmhouse,
arriv al of the first responder at the fire scene. Fire makes
warehouse, hut shelter, or v essel in port, knowing
what might be termed a normal progress. Such progress
it to be occupied at the time by one or more
can be estimated after an examination of the material
person/s;
burned in the building, and the normal v entilation offered
 Building burned is a public and purpose is to
to the fire. The time element and the degree of headway
destroy ev idence kept therein to be used in
much by the flames became important factors to
legislativ e, judicial or administrativ e proceedings,
determine possible incendiarism.
irrespectiv e of the damage, if the ev idence is to
be used against the dependant of any crime
Direction of Travel - While it is admitted that no two fires
punishable under existing law;
burn in identical fashion, yet it can be shown that the fire
 Burned building is a public and the purpose is to
makes normal progress through v arious types of building.
destroy ev idence kept therein to be used in
Considering the type of construction, the building

Compendium of Crime Detection and Investigation (CDI)


instituting prosecution for punishment of v iolators reaching the bottom where he will find the “pot
of law, irrespectiv e of the amount of damage. of gold”, the ev idence.

Arson of Property of Small Value (Art. 323, RPC) Steps in Tracing the Origin of Fire and Searching for
Evidence
Elements
 Burning of any uninhabited hut, storehouse, barn, External/Outside Survey
shed, or any other property;  careful conduct of inspection to the burned
 Value of property does not exceed twenty five building
pesos(25.00). Internal/Inside Survey
 Under circumstances clearly excluding all  enter the building to correlate the same with the
danger of the fire spreading. outside surv ey of the structure in question
 Locate the point of origin of fire, the ceiling area
Crimes involving Destruction must checked first.
 Offender causes destruction by any of the
following means: Look for Prima Facie Evidence of Arson
o explosion;  Entering the Building: When entering the building,
o discharge of electric current; the inv estigator should observe the following:
o inundation, sinking or stranding of a v essel;  Look for mark on doors and windows not burned
o taking up the rails from a railway, track; for possible indication of forcible entry.
o malicious changing of railway signals for the  Notice whether the intruder has discarded tools
safety of mov ing train; used for forcible entry.
o by using any other agency or means of  Notice unusual arrangement of the building
destruction; content.
o destroying telegraph wires and telegraph  Stocks or substitution of stocks, new expensiv e
post or those other communication system. stocks hav e been remov ed, substituted by
second hand or old stocks
Article 325, RPC
 Burning of ones own property as a means of Guidelines in the Investigation of Arson:
committing Arson. This article punishes the
burning of one’s, own property for the purpose of Arrival and Observation
committing arson or great destruction of  observ e person/vehicle leaving the area
property.  characteristics of person/v ehicle leaving the
area
Article 326, RPC  unusual road/street condition
Setting fire to property exclusively owned by the offender.  barricade showing the progress of response
This article prov ides the purpose of the offender to:  v ehicle parked in such a manner as to create
 defraud or cause damage to another, or obstruction to the fire scene.
 damaged is actually caused upon another’s
property ev en such purpose is absent, or Observation
 thing burned is a building in an inhabited place.  identify the person who called the fire
department
P.D. No. 1613 - Amending the Law on Arson  first person who leav e the fire scene
 did the fire occur during or after business hour?
Special
Aggravating Circumstances in Arson  Was it during daytime or night time?
 If committed with intent to gain;  Condition of traffic in the area.
 If committed with the benefit of another;
 If the offender is motiv ated by spite or hatred
towards the owner or occupant of the property
burned;
 If committed by a syndicate (three or more
persons).

Prima Facie Evidence of Arson


 If the fire started simultaneously in more than one
part of the building or establishment;
 If substantial amount of flammable substances or
materials are stored within the building not
necessary in the business of the offender nor for
household use;
 If gasoline, kerosene, petroleum, or other
flammable or combustible substances or
materials soaked therewith or containers thereof,
or any mechanical, electrical, chemical, or
electronic contriv ance designed to start a fire, or
ashes, or traces of any of the foregoing are
found in the ruins or premises of the burned
building or property;
 If the building or property is insured for
substantially more than its actual v alue at the
time of the issuance of the policy;
 If during the lifetime of the corresponding fire
insurance policy more than two fires hav e
occurred in the same or other premises owned or
under the control of the offender and/or insured;
 If shortly before the fire, a substantial portion of
the effects endured and stored in a building or
property had been withdrawn from the premises;
 If a demand for money or other v aluable
consideration was made before the fire in
exchange for the desistance of the offender or
for the safety of the person or property of v ictim.

Searching for Evidence


 The safest procedure is for the inv estigator to start
at the top of the heap and carefully remov ing
the objects one by one, laying them aside until

Compendium of Crime Detection and Investigation (CDI)


ORGANIZED CRIME INVESTIGATION (INTTODUCTION TO designed for the commission of crimes prov iding
TRANSNATIONAL CRIME) that such div ision of labor includes at least one
position for corrupter, one position for corruptee,
1. Charles “Lucky” Luciano - Father of “Modern and one position for an enforcer(FBI)
Organized Crime” in United States
2. Alphonese Gabriel “the Scar Face’ Capone - boss For Organized Group to Work usually it has at least the
of Chicago Outfit following:
3. Toto Riina - “Mafia Boss” and was arrested on 1993 1. AN ENFORCER
4. Amado Carillo Fuentes - Lord of the Skies 2. A CORRUPTER
5. Rodrigo Orejuela Crime Group (Columbia) - Founder 3. A CORRUPTEE
of Cali Colombia “Drug Cartel
6. Bernardo Provenzado AN ENFORCER - The one who makes for the arrangements
 The Tractor for the killing (injuring or carrying out the task physically,
 The Accountant economically or psychologically) the members or non-
 The Boss of all the Boss members.
o Joe Pistone
o “Donnie” name of Operation A CORRUPTER - the one who corrupts or bribes, intimidate
or threatens, negotiate or “sweet talks” into a relationship
ORGANIZED CRIME INVESTIGATION (PRC) with public officials, law enforcement officer, or anyone
1. Concepts, nature, and attributes of organized who would be of help in obtaining security and immunity
crime; from possible arrest, prosecution and punishments.
2. Kinds, origin, and modes of operations OC; o RA 3019 “Anti-Graft and Corruption”
3. Transnational or borderless crimes; o RA 7080 “Plunder”
1. Trafficking in Persons o PD 1379”I’ll gotten wealth”
2. Terrorism o RA 9160, RA 9160, 9194, RA 10167”Anti-Money
3. Drug Trafficking Laundering
4. Cybercrime/ Cyber/Technology crimes; o PD 46 Giv ing gift to the Public Officer
(RA 10175)
5. Money Laundering A CORRUPTEE - a public officials, law enforcement officers
6. Env ironmental Crime or anybody who not a member of the organization who
7. Economic crime can helps the organization
8. Intellectual Property Theft o Ex. Public officer or Coddler
9. Piracy and Armed Robbery Against
Ships Scale of Organized Criminal
10. Illicit Trade (smuggling) of Small Arms 1. Any hierarchical structure
and Light Weapons 2. internal support
4. Organized syndicates; 3. money laundering
5. International and national laws, decrees, treaties 4. corruption and bribery of legal system officials
and statutes. 5. inv olv ement in more than one illegal activ ity
6. organizations that hide behind front companies
Concept of Organized Crime 7. criminal activ ities which take place ov er a long
 Organized Crime poses a direct threat to period of time
national and international security and stability, 8. Members who act v iolently against competitors.
and continues a frontal attack on political and
legislative authority. Organized crimes disrupt CHARACTERISTICS OF ORGANIZED CRIMES
and compromise social and economic  It is a conspiracy activ ity inv olv ing coordination
institutions, thus causing a loss of faith in of members.
democratic process. o Conspiracy “the act of one is the act of
all”
WHAT IS ORGANIZED CRIME?  Economic gain is the primary goal.
 An organized criminal group shall mean a  Economic goal is achiev ed through illegal
structured group of three or more persons, means.
existing for a period of time and acting in  Employs predatory tactics such as intimidation,
concert with the aim of committing one or more violence and corruption.
serious crimes or offences in order to obtain,  Effectiv e control ov er members, associates
directly or indirectly, a financial or other material and v ictims.
benefit. (UN, PALERMO ITALY, 2000)  Organized crimes do not include terrorists
 All illegal activ ities engaged in by members of dedicated to political change.
criminal syndicates operativ es throughout the
United States and all illegal activ ities engaged in ATTRIBUTES OF ORGANIZED CRIMES (HI – PEDICHI)
by known associates and confederates of such 1. Has no political goal
members. (U.S Department of Justice) 2. Is hierarchical
 Group activ ities of three or more persons, with 3. Has a limited or exclusiv e membership
hierarchical links or personal relationships, which 4. Constitute a unique subculture
permits their leaders to earn profits or control 5. Perpetuates itself
territories or markets, internal or foreign, by 6. Exhibits a willingness to use illegal v iolence and
means of violence, intimidation or corruption, bribery
both in furtherance of criminal activity and to 7. Demonstrates specialization/ div ision of labor
infiltrate the legitimate economy. 8. Is monopolistic
 Any enterprise or group of persons engaged in a 9. Is gov erns by explicit rules and regulations
continuing illegal activ ity which has as its primary
purpose the generation of profits and Have no Political Goals - Organized crime is basically
continuance of the enterprise regardless of motivated by money and power. It is not social doctrine
national borders. (INTERPOL, according t o P.J. neither political belief nor ideological concerns that
Ryan and G.E. Rush) motiv ated leaders and members of the organized crime
 any group hav ing some manner of formalized groups. Political inv olv ement may be part of its activ ities
structure and whose primary objective is to for the purpose of gaining protection for its illegal
obtain money through illegal activities(FBI, activ ities.
according t o H. Abaddinsky)
 Planned commission of criminal offenses, Is Hierarchical - An organized crime has a v ertical power
determined by the pursuit of profit and power, structure with at least three (3) ranks. The aut horit y is
inv olv ing more than two persons ov er a inherent in t he posit ion and does not depend on who
prolonged or indefinite period of time, using a happens t o be occupying it at any given t ime. See
commercial or business license scheme, mentioned abov e the corruptee, corrupter and enforcer
v iolence, and/or intimidation. (BKA, Germany—
BUNDESKRIMINALAMT) Limited or Exclusive Membership - The criteria such as
 Is any crime committed by a person occupying, ethnic background, race, kinship, criminal record and
in an established div ision of labor, a position

Compendium of Crime Detection and Investigation (CDI)


other similar consideration seems to be the basis for o Extensiv e written rules and regulations
membership in an organized crime group. o Communication from the top of the hierarchy to
 Sponsorship by a ranking members and behavior persons on the bottom, usually
characteristics also plays important factors for o in written (memo) form
recruitment such as but not limited to: willingness
to commit criminal act, follow the rules and Whenever an entity-club, business, crime group-continues
regulations and secrecy in the organization. to expand, at some point it will hav e to adopt the
bureaucratic style of organization. For example, a “mom
Constitute a unique subculture - Members of the organized and pop grocery” need not hav e any of the attributes of
crime group considered themselv es distinct from the a bureaucracy. The owners and workers are related, and
conventional society. They look at the society as “weak the structure is informal and kinship based. If the business
and st upid” and t reat them with derisions if not contempt , expands-the owners establish many groceries-a formal
and therefore not subject to its rules. This is sometimes hierarchy becomes necessary as do skilled persons and a
referred to as “the underworld”. div ision of labor; there will be extensiv e written rules and
regulations, and directiv es will be v ia the hierarchy. Thus,
Perpetuates itself (to last longer) - An organized criminal the model of organization adopted by an entity-legitimate
group constitutes an ongoing criminal conspiracy or criminal-will depend on the scope of its operations and
designed to persist through time; that is, beyond the life of the organizational experience of its leaders. We will
the current membership. In order for the group to surv iv e, examine the structure of the outlaw motorcycle club best
it must have an institutionalized process for inducting new explained by the military experience of its early members-
members and inculcating them with the values and ways the military is the quintessential bureaucracy.
of behaving of the social system. This is shown by the
depth of the sub-cultural orientation exhibited by the Patrimonial/ Patron Client (Inherent)
group.  It is a characteristic of traditional societies that
centers on families, patrons and their clients, and
Willingness to use Illegal Violence and Bribery - Violence is other personalities networks.
readily av ailable and acceptable in an
organized crime group as a means to achiev e its Many aspects of bureaucracy are impractical for criminal
goal. Bribery becomes necessary so as to organizations because they must be concerned with the
protect its operation and insure lesser chance of v ery real possibility that communications are being
detection and suppression. monitored. Telephone use must be limited (often only to
arrange for in-person meetings), and written
Demonstrate Specialization/Division of Labor - There is a communication is av oided. Information, as well as orders,
need for established functional position filled with qualified money, and other goods, is transmitted on an intimate,
members. Commonly, there is a need for: face-to-face basis. Lengthy chains of command,
1. An enforcer, one who carries out difficult characteristic of modem bureaucracy, are impractical for
assignments inv olv ing the use of v iolence, OC, and this limits the span of control. A Randall Collins
including murder, in a rational manner. He point out that control is a special problem for patrimonial
may use members or non-members or ev en organizations. Bureaucracies dev elop, he argues, to
a specialist to carry out the assignment; and ov ercome such problems: “Patrimonial organizations
2. A corrupter (fixer/money mov er), excels in cannot be v ery well controlled much beyond the sight of
dev eloping contacts. the master.” He notes that when the geographic range
becomes too great, the organization collapses into
MONOPOLISTIC - An organized crime group eschew feudalism. In OC, this can hav e deadly consequences:
competition. It striv es for hegemony ov er a particular When Lucchese crime Family boss Vittorio (“Little Vic”)
geographic area, a particular “industry”, legitimate or Amuso of New York lost control of the New Jersey faction
illegitimate, or a combination of both. of his Family, he declared them outlaws and ordered the
 A monopoly, of course, restrains “free trade” and entire crew executed.
increases profits. An organized crime monopoly is The patrimonial organization is a characteristic of
maintained by v iolence, by the threat of traditional societies that “centers on families, patrons and
v iolence, or by corrupt relationships with law their clients, and other personalistic networks. The
enforcement officials. A combination of both emphasis is on traditional rituals that demonstrate the
methods, v iolence and corruption, may be emotional bonds among men.” In contrast, personal ties in
employed. the modem bureaucratic organizations “are weaker, less
ritualized, and emotionally demonstrativ e; in their place is
GOVERNS BY EXPLICIT RULES AND REGULATION the allegiance to a set of abstract rules and positions. The
 An organized crime group, like a legitimate different class cultures in patrimonial and bureaucratic
organization, has a set of rules and regulations organizations are accordingly affected. Patrimonial elites
that members are expected to follow. are more ceremonious and personalistic. Bureaucratic
 In an organized crime group, howev er, a”rule- elites emphasize a colder set of ideals”.
violating member is not fired but, more likely, Patrimonial/patron-client networks characterize most
fired upon” American Mafia groups.
 In a conv ersation with his brother-in-law (the son
of a murdered mob boss and an attorney who A network consists of a collection of connected
had filed a lawsuit against his business partner in points or junctures. Ev ery person is embedded in a social
the Genov ese Family), Salv atore Profaci, a network, notes Jeremy Boissev ain, “the chains of persons
caporegime in the Colombo Family, pointed out, with whom a giv en person is in contact.” Because contact
“Goodfellas don’t sue goodfellas. Goodfellas kill can be through a chain of persons, an indiv idual can send
goodfellas”. These attributes are arrayed in a “messages” to far more people than he or she knows
structure that enables the OC group to achiev e directly. These are the “friends of friends,” a phrase that in
its goals-money and power Sicily refers to mafiosi: “Every individual provides a point at
which networks interact. But not everyone displays the
STRUCTURE OF ORGANIZED CRIME GROUPS same interest in and talent for cultivating relationships with
 The bureaucratic / Corporate model strategic persons for profit”. To be successful, each
 Patrimonial/ Patron Client member of OC from the boss down to a soldier-just like
Sicilian Mafiosi-must display such interest and talent. This is
The Bureaucratic/ Corporate Model done by acting as a patron.
 Max Weber – coined the word ”Bureaucracy”
 It is characterized by specialized function When a social exchange relationship becomes
 The corporation, the police, and the military are unbalanced, we hav e a patron-client relationship. The
examples of bureaucracies, that mode of patron “prov ides economic aid and protection against
organization essential for efficiently carrying out both the legal and illegal exaction of authority. The client,
large scale tasks. in turn, pays back in more intangible assets”- for example,
o A complicated hierarchy esteem and loyalty. He may also offer political or other
o An extensiv e div ision of labor important support, thus making the relationship reciprocal.
o Positions assigned on the basis of skill The patron acts as a power broker between the client and
o Responsibilities carried out in an impersonal the wider society; both legitimate and illegitimate.
manner

Compendium of Crime Detection and Investigation (CDI)


The member of the American M afia, acting as a patron, those who habitually associate with
controls certain resources as well as strategic contacts prostitutes.
with people who control other resources directly or who
hav e access to such persons. The member-as-patron can Republic Act No. 10158
put a client “in touch with the right people.” He can  Signed last March 27, 2012, amended Article
bridge communication gaps between the police and 202 of the Rev ised Penal Code remov ing
criminals, between businessmen and syndicate- v agrancy from the country's list of crimes
connected union leaders; he can transcend the world of amid concerns it only targets the poor and
business and the world of the illegitimate entrepreneur. He the disadv antaged.
is able to perform important fav ors and be rewarded in  Although the poor or homeless people can
return with money or power. There is a network surrounding no longer be hauled to jail for v agrancy, the
the patron, a circle of dyadic relationships orbiting the OC new law continued to penalize women
member in which most clients hav e no relations with one engaged in prostitution.
another except through the patron.  RA 10158, defined prostitutes as "women
who for money or profit, habitually indulge in
GENERIC TYPE OF ORGANIZED CRIMES sexual intercourse or lasciv ious conduct."
 A person found guilty of prostitution is
1. Political Graft - Committed by political criminals for punished by imprisoned from one to 30 days
purposes of gaining profit though v iolence or force for or a fine not exceeding P200.
the attainment of political goals or ambitions such as  In case of recidiv ism, they are punished by
used of private armies, buying of votes or threatening arresto mayor in its medium period to prison
voters. correctional in its minimum period or a fine
2. In-Group Oriented Organized Crime - Manned by ranging from P200 to P2,000, or both,
semi-organized indiv idual with the end v iew of depending on the court.
attaining psychological gratification such as  With the enactment of the law, all pending
adolescent gangs. v agrancy cases meantime shall be
3. Mercenary/Predatory organized crime - Perpetuated dismissed and all persons serv ing sentence
for the attainment of direct personal gain but prey for v iolating the v agrancy law shall
upon unwilling v ictims. immediately be released.
4. Syndicated Crimes  Trafficking in human beings(RA 9208)
 Comes with a structure organization that  Drug Trafficking
participates in illicit activity in society using force, o Shabu in the Philippines mainly comes
or intimidation. from Southern China particularly from
 Drug Syndicate. – Any organized group of two (2) Guandong and Fujian. Prev iously,
or more persons forming or joining together with “ephedra” or “ephedrine” is processed
the intention of committing any offense in China and smuggled in the
prescribed under this Act. (Sec. 3, RA 9165) Philippines as shabu. Howev er, the
discov ery of a big clandestine shabu
TYPICAL ORGANIZED CRIME ACTIVITIES laboratory in Cagayan in northern
Luzon in 1 999 showed that the dreg
1. THEFT and FRAUD syndicates have also started processing
 Victimizing business: ephedririe into shabu right in the
Hijacking of cargo trucks Philippines. Intensified campaign
Robbery/Highway Brigandage against illegal drugs resulted in more
Bankruptcy fraud (“bust-out”) discov eries of shabu laboratories ev en
Insurance Fraud in the National Capital Region and
Stock Fraud (Inside Trading) shown in the TV and in the front of page
 Victimizing individual persons: of daily newspapers.
Car theft (chop-shop or export)  Economic Crime
(RA 6539)  Arms dealing/Arms Smuggling
Burglary (robbery in a building) o Firearms or arms as herein used,
Stock Fraud (pumps and dumps scam) includes rifles, musket s, carbines,
 Victimizing State: shot gun, pistol, revolvers, and all ot her
Bid-rigging public projects deadly weapons, to which a bullet, ball,
Counterfeiting of Money (Act 3815) shot , shell, or ot her missiles maybe
Cigarettes – butt legging) discharge by means of gun powder or
Rum-running, or bootlegging, is the ot her explosives. This t erm also includes
illegal business of transporting air rifle, except such of being of small
(smuggling) alcoholic bev erages where caliber and limited range used as t oys.
such transportation is forbidden by law. The barrel of any firearm shall be
considered a complet e firearm for all
Smuggling is usually done to circumv ent
purposes hereof. (Sec 877 Revised
taxation or prohibition laws within a Administrative Code/ Sec. 290 national
particular jurisdiction. Internal Revenue Code).
 Pornography (RA 9775)
Providing immigrant workers to avoid taxes
Gambling, Loansharking, Theft, Fencing, Sex, and
2. PROVIDING ILLEGAL SERVICES and GOODS Trafficking in Persons
 Loan Sharking
 Murder for hire (Art. 248) Gambling includes a wide array of games of chance and
 Book making sporting ev ents on which wagers are made. Some of these
 Toxic Substance are legal, for example, state licensed horse- and dog-
 Gambling racing tracks, casinos, and gov ernment-operated off-
 People Smuggling/Human Smuggling track betting parlors. Most states operate lotteries, and
 Prostitution licensed casino gambling is often operated by Nativ e
Americans on Indian land. State, county, and municipal
VAGRANTS AND PROSTITUTES (RPC) - Any person having no gov ernments earn a great deal of money from these
apparent means of subsistence, who has the physical authorized gambling activities. At the same time, there are
ability to work and who neglects to apply himself or herself unauthorized (illegal) gambling operations whose control
to some lawful calling. is the responsibility of these same gov ernments. In such an
 Any person found loitering about public or ambiguous env ironment, it is easy to understand why
semi-public building or places, or tramping gambling enforcement may not generate a great deal of
or wandering about the country or to the public support. The estimated amount of illegal betting
streets without v isible means of support. increased tenfold between 1983 and 1995, while arrests for
 Any idle or dissolute person who lodges in illegal gambling declined significantly, particularly in urban
houses of ill-fame, ruffians or pimps and centers. In 1960, 123,000 persons were arrested for illegal
gambling, but by 1995, that number was down to about
15,000.

Compendium of Crime Detection and Investigation (CDI)


Bookmaking (taya sa karera) moneylenders in England - all Jews had been
 Bookmakers “book” bets on two types of ev ents - expelled from that country by Edward I in 1290,
horse and sometimes dog races and sporting and they did not return until the l650s. And
ev ents such as football, basketball, baseball, and Shakespeare’s father had twice been accused
boxing. In earlier days, “horse parlors” or “wire of v iolating usury laws. The name “Shylock”
rooms,” neighborhood outlets, were often set up reportedly became slurred by illiterate criminals
in the back of a legitimate business. Results into “shark,” and the word loanshark was born.
coming in ov er the wire serv ice were posted on a As noted earlier, the Hebrew term for interest is
large chalkboard for waiting bettors. Today, most nesbek, to bite, something for which sharks are
bets are placed by telephone directly or through noted.
a rov ing “handbook,”“runner,” or “sheetwriter”
who transmits the bet to the bookmaker. To THEFT AND FENCING
maintain security, some bookmakers change  Members of Cosa Nostra do not usually engage
locations frequently, often monthly, or they may directly in theft, burglary, or robbery although
use cellular telephones. Many use a “call back” many hav e criminal records for such activ ities
system. The bettor calls an answering serv ice or that typically precede their entry into OC.
answering machine and leav es his or her However, members will prov ide information and
number. The bookmaker returns the call from a financing, arrange for necessary firearms or
v ariety of locations, and the bet is placed. stolen cars, and help link criminals to carry out
 Bets are written down and may be tape- more predatory crimes such as payroll robberies,
recorded by a machine attached to the phone. large-scale commercial burglaries, hijackings,
This helps av oid any discrepancies about what and thefts of stocks and bonds. Cosa Nostra
arrangements were actually made ov er the members will finance frauds, swindles, and any
phone. The bookmaker usually employs clerks conv entional criminal activity that can bring in a
and handbooks, runners, or sheetwriters. The profit substantial enough to make the effort
clerks handle the telephone, record the bets, worthwhile. They will help market stolen
and figure out the daily finances. The runners call merchandise such as securities, checks, and
the clerks and are giv en the day’s totals for the credit cards. Members of OC are in a unique
bets they booked. Based on this information, the position to prov ide these serv ices. Their
clerks either collect or pay off. The runners widespread connections to both legitimate and
receiv e a portion of the winnings, usually half, illegitimate outlets prov ide a link between
and they must also share in the losses. conv entional criminals and the business world.
Organized crime serv es as a catalyst for a great
Horse-Race Wagering deal of “disorganized” crime. In 1997, for
 The oldest of the major bookmaking activ ities, example, an FBI sting resulted in the v ideotaping
illegal horse-race wagering ranks behind sports of members and associates of a Gambino Family
wagering. This discrepancy has increased with crew in Canarsie, Brooklyn, disposing of $6 million
the adv ent of legalized off-track betting in worth of stolen merchandise, much of it hijacked
places such as New York, Connecticut, and ov er a two-year period.
Illinois. The typical bettor is middle-aged or older,  Burglary = breaking into and entering a home or
and wagers are usually modest. Information on structure for the purpose of committing a felony
the horses running at each track on a giv en day  Robbery = taking or attempting to take
may be obtained from a local newspaper or a something of v alue by force or threat of force
“scratch sheet” such as the Armstrong Daily and/or by putting the victim in fear.
News Review, Turf and Sports Mirror; or the Daily  Art. 308. Theft1 (Pang-uumit) - committed by any
Racing Form. Voluminous data are av ailable in person who with intent to gain but without
the Daily Racing Form, and the scratch sheets v iolence against, or intimidation of persons nor
prov ide information on the time and nature of force upon things, shall take personal property of
each race, the jockeys, the post positions, and another without the latter’s consent.
the weights carried the probable odds, and the
handicapper’s estimates of horses’ finishing Elements of theft:
position. This information, especially what is o There is a taking of personal property;
gleaned from the scratch sheet, is the basic data o The property belongs to another;
needed by the bookmaker in handling wagers. o The taking was done with intent to gain;
o The taking is not done with the use of
LOANSHARKING (USURY) (Pautang na malaki ang tubo) force upon things, or v iolence against
 The generally negativ e v iew of money lending is or intimidation of persons.
highlighted in the Bible, which on three separate
occasions cautions against charging interest - Stolen Securities
neshek (to “bite”): “If thou lend money to any of  The late l960s and early l970s saw a dramatic in-
My people, ev en to the poor with thee, thou crease in the v olume of securities being traded,
shalt not be to him as a creditor; neither shall ye which provided a lucrativ e source of income for
lay upon him interest”; “And if thy brother be OC. Because of the large v olume of trade,
waxen poor . . . thou shalt not giv e him thy security grew lax. Paperwork began to back up,
money upon interest nor giv e him thy v ictuals for and brokerage houses and banks were
increase”. Howev er, “Unto a foreigner thou frequently completely unaware that hundreds of
mayest lend upon interest [for business thousands of dollars’ worth of securities were
inv estment purposes]; but upon thy brother thou being taken from their v aults. Thus, the securities
shalt not lend upon interest.” Thus, the Hebrews were not ev en reported as missing for sev eral
could not charge interest on a loan to another months. The securities industry employs a great
Hebrew. Later, the Church adopted a similar many persons - clerks, runners - whose pay is
interpretation: Christians could not charge relativ ely low Employees with gambling or loan
interest on loans to other Christians. This shark debts or those merely seeking to
prohibition created problems for commercial supplement their incomes found a ready market
enterprises and led to a paradoxical situation. for such “paper.” All that was needed was an
 Within organized Jewish communities, the OC connection. In some cases, armed robbery
Hebrew Free Loan Society dev eloped to loan
money to Jews without interest, and laws and
regulations restricting the ability of Jews to 1
purchase land and enter guilds resulted in Jews Theft is likewise committed by: a. Any person having found
becoming moneylenders to Christians. William lost property shall fail to deliver the same to the local
Shakespeare’s character Shylock, in the authorities or its owner; b. any person after having maliciously
Merchant of Venice, is based on this historical damaged the property of another, shall remove or make use of
irony. Shakespeare depicted the unsav ory the fruits or object of the damage caused by him; c. any
Shylock as a money-lending Jew demanding a person who shall enter an enclosed estate or field where
pound of flesh from a hapless borrower as trespass is forbidden or which belongs to another and without
repayment for a delinquent loan. At the time the consent of its owner, shall hunt or fish upon the same or
Shakespeare was writing, there were no Jewish shall gather fruits, cereals or other forest or farm products.

Compendium of Crime Detection and Investigation (CDI)


or “giv e ups” (faked robberies) of messengers  The bar or t avern “pick-up” frequent s places
were used. where liquor is sold, sometimes operating with the
 Although many people may hav e access to consent and knowledge of t he
v aluable securities, few can put stolen securities management .
to immediate use. Organized crime groups serv e  The streetwalker is t he oldest and t he most
as the intermediate link in the criminal enterprise. common t ype of prost it ut e.
Bookmakers and loan sharks who may hav e  She may work wit h t axi -drivers and commit s
exerted the pressure that induced the thief to prost it ut ion in a t axi -cab. Her common
take the securities frequently serv e as the conduit cust omers are t he t ourist s, gamblers, criminals,
by which the stolen securities get into the hands Addict s and ot hers.
of other OC figures. Passing through the network  Their operat ion is oft ent imes associat ed wit h
of OC, the stolen securities will ev entually reach swindling t heir cust omers.
the hands of someone who does hav e the
expertise, the capital, and the personnel to DOOR KNOCKER
effect a profitable disposition.  This is t he occasional or select ive t ype of
prost it ut e.
Fencing (PD 1612)  She is usually a newcomer in t he business
 The fence prov ides a readily av ailable outlet for Oft ent imes, t hey are mot ivat ed by ext reme
marketing stolen (“hot”) merchandise. He thus  Desire for money due t o povert y or support ing
prov ides an incentiv e for thiev es and may also t heir ot her vices.
organize, finance, and direct their operations. In  She makes contact t hru information coming from
her research on fences, Walsh found that about t he professional and hustler who are friends who
13 percent of the fences she studied were part of gives her addresses of prospect ive cust omers
OC. “For these indiv iduals fencing appeared to
be just another enterprise in a v aried and totally FACTORY GIRLS
illegal business portfolio.” In addition to fencing,  Is t he real professional t ype of prost it ut es?
she notes, these persons were activ e in  She works in regular houses of prost it ut ion or
loansharking and gambling, and some were brot hels.
enforcers. In the Genov ese Family, for example,  She accept s all comers and has not hing t o do
Anthony (“Figgy”) Ficcorata (or Ficcarata) wit h t he selecting and solicit ing t he cust omers.
forced jewel thiev es to deal only with certain  She works in regular hours or t our of dut y under
fences, from whom Ficcorata would receiv e a t he direct supervision of t he madam or operat or
commission. In Chicago, eight “independent” of t he prost it ut ion house.
burglars “were murdered for refusing to dispose  She get s her share of t he earnings by commission
of their loot through syndicate-connected or per cust omers.
fences”. Because of his connection with criminals
(and otherwise) legitimate businessmen, the wise TYPES OF PROSTITUTION HOUSES
guy is in a unique position to arrange for the
disposition of stolen goods. DISORDERLY HOUSES
 Usually ridges several numbers of fact ory girls or
THE BUSINESS OF SEX professional prostitutes and under t he cont rol of
 Organized crime’s inv olv ement in sex as a an organized crime ring.
moneymaker has changed with the times. House  A “madam” or “maintainer” supervises t he
prostitution (whorehouses or bordellos) was an operation supported by a staff of t eller (cashier),
important social phenomenon during the days of bell or room boys, regist er clerks, wat chmen,
large-scale immigration; immigrants were most pimps and securit y guards known as bouncer.
often unattached males, single or trav eling  Their operat ion appears t o be a legit imat e
without their wiv es. Commercial sex, usually business ent it y most ly under t he prot ect ion of
confined to infamous v ice (“red light”) districts in crooked policemen or law enforcement
urban areas, was a target of social and religious aut horit ies and t heir locat ion is prominent ly
reformers. The campaign against this activ ity known t o all t heir cust omers.
became known as the war on the “white slavery”  They have number of small rooms wit h t he
trade, which at the turn of the century was an prostitutes staying t here at where t hey wait for
international problem. In a book entitled White cust omers. At t imes, t he house provided wit h
Slavery, Edwin W Sims, U.S. attorney for Chicago, secret exits ready for escaping in case of police
states: “The recent examination of more than raids.
two hundred “white slav es” by the office of the
United States district attorney at Chicago has FURNISHED ROOM HOUSE
brought to light the fact that literally thousands of  Usually operated by an experienced “madam”
innocent girls from the country districts are ev ery who rent rooms to legitimate roomers in order t o
year entrapped into a life of hopeless slav ery maint ain an appearance of responsibilit y
and degradation because parents in the country Purposely, t he madam leaves several rooms not
do not understand conditions as they exist and rent ed to legitimate roomers for ready use of t he
how to protect their daughters from the ‘white prost it ut ion.
slav e’ traders who hav e reduced the art of  These prost it ut es are most ly t he call girls who
ruining young girls to a national and international make t he room t heir designat ed places in
system.” perpet rat ing t heir business.
 Their rent is on per cust omers basis or t hey
TYPES OF PROSTITUTES ON THE BASIS OF OPERATION maint ain t he rent continuously but the prostitutes
do not live t here permanent ly but elsewhere t o
CALL GIRLS maint ain t heir anonymit y and ident it y.
 These are t he part -t ime prost it ut es.  These houses could be found most ly in flashy
 They have t heir own legitimate work or profession subdivision or resident ial areas.
but works as a prost it ut es t o supplement t heir
income. Somet imes t hey are t ellers, sales -ladies CALL HOUSES
of department stores, waitresses, beauticians, or  This is where t he customers call and t he madam
engage in similar jobs t hat t hey use t o make makes t he arrangement and sends t he girls by a
cont act s wit h cust omers. t ransporter who is a man or woman t o t he place
 They receive t elephone calls from a select ed arrangement .
group of cust omers and make arrangement s t o  The house appears t o be a legit imat e business
meet t hem at a designat ed place. house such as service agencies, t ravel offices,
 She may work alone or in part nership wit h an coffee shops, beaut y parlors and t he like duly
int ermediary with whom she shares her earnings. licensed and regist ered as such wit h t he
government office.
HUSTLER  However, t he t elephone number is limited only to
 Professional t ype of prost it ut es. qualified cust omers as recommended by t heir
 She maybe a bar or t avern “pick-up” or a “street pimps who conduct t he background
walker”.

Compendium of Crime Detection and Investigation (CDI)


invest igat ion on t he abilit y of t he prospect ive THEORIES OF CRIME
cust omers t o pay. 1. The strain of anomie
2. Differential association
MASSAGE CLINICS 3. Subcultures and social disorganization
 These houses are operat ed under a licensed or 4. Social control theory
permit issued by t he government but act s as a 5. Ethnic succession
front for prostitution where t he act maybe done
or as per arrangement . MAFIA
 They operate with barbershops wit h manicurist s  is a term used to describe a number of criminal
or“at t endant s” and “massagist s” who while organizations around the world
servicing t heir customers may make cont act s or  the first organization to bear the label was the
t he prost it ut es or t hemselves. Sicilian Mafia based in Italy, known to its
 These prostitutes are sometimes t he newcomers members as Cosa Nostra (Family – Affair)
in t he business who do not earn much as  In sum, mafia means
at t endant s or massagist s. o protection against arrogance of the
powerful,
TRAFFICKING IN PERSONS o remedy to any damage,
 Trafficking in persons “is a form of modern-day o sturdiness of body,
slavery”. Trafficking organizations prey on o strength and serenity of spirit, and
indiv iduals who are poor, often women who are o The best and exquisite part of life.
lured with false promises of good jobs and better  Apparently Sicilian-Arabic deriv ed from terms
liv es and, instead, are forced to work under brutal meaning
conditions. Under federal law, the technical term is o to protect and to act as guardian;
“sev ere forms of trafficking in persons.” In the United o a friend or companion;
States, the gov ernment estimates that o to defend; preservation,
approximately 50,000 women and children are o power, integrity,
trafficked annually. o strength, and
 International trafficking in women for the sex o A condition that designates the remedy
industry has been a characteristic of modern of damage and ill.
transnational OC. Italian, Albanian, Russian,
Chinese, and Japanese criminal groups have been OMERTA
at the center of a global trade that often enslav es  Is a code of silence and secrecy that forbids
female adults and (sometimes male) children for Mafiosi from betraying their comrades to
sale. In the states of the former Sov iet Union and the authorities?
the v olatile Balkans region, women are recruited for  Ideal of manliness
lawful foreign employment only to find themselv es  Noncooperation with authorities
in the hands of criminals who force them into the  Self-control in the face of adv ersity
sex trade. As part of a nefarious web that spreads  Vendetta-blood washes blood
across the Balkans and into Western Europe, “tens  Neither gov ernment nor church to be trusted
of thousands of women hav e been caught up by
the traffickers and hav e suffered rape, extreme The foundation of the entire mafia is respect. Fear is the
v iolence and slav ery at the hands of criminal engine, and money is the fuel. But longev ity of the mafia
groups renowned for their brutality and greed”. as an enterprise is built upon an abiding and uncommon
Ev en traditional enemies such as Albanians and sense of respect.
Slays readily deal with one another in this trade.
Women are recruited through ads in newspapers, The penalty for transgression is death, and relatives of the
magazines, and the Internet offering employment turncoat may also be murdered. Mafiosi generally do not
as dancers, waitresses, maids, and babysitters in no associate with police (aside perhaps from corrupting
specified western countries. indiv idual officers as necessary). For instance, a mafioso
 Many countries grant “artistic” or “entertainer” visas will not call the police when he is a victim of a crime. He is
that facilitate the mov ement and exploitation of expect ed t o t ake care of t he problem himself. To do
trafficking v ictims. Women are granted these ot herwise would undermine his reput at ion as a capable
temporary v isas upon presentation of a work prot ector of ot hers, and his enemies may see him as weak
contract or offer of engagement by a club owner, and vulnerable.
proof of financial resources, or medical test results.
 Employment agencies, often licensed under the According to legend, the word Mafia was first used in the
laws of the origin and destination countries, play a Sicilian rev olt – the Sicilian Vespers – against rule of the
key role in the deception and recruitment of these Capetian House of Anjou on 30 March 1282. In this legend,
women. On arriv al at their destination, v ictims are Mafia is the acronym for "Morte Alla Francia, Italia Anela"
stripped of their passports and trav el documents (Italian for "Death to France, Italy cries!"). Howev er, this
and forced into situations of sexual exploitation or v ersion is now discarded by most serious historians.
bonded servitude. Having ov erstayed or otherwise
v iolated the terms of the v isa, v ictims are coerced RULES OF AMERICAN MAFIA
by their exploiters with threats to turn them ov er to  Always show respect to those who can
immigration authorities. command it.
 Turkey, where prostitution is legal, has lax v isa  Report any failure to show respect to one’s
requirements and a growing sex trade in Slav ic patron immediately.
women from the former Sov iet Union.  Violence must be used, ev en if only a limited
type, to ensure respect.
3. BUSINESS and LABOR RACKETEERING  Nev er ask for surnames.
 Casino skimming  Nev er resort to v iolence in a dispute with a
 Setting up monopolies in rigid market low tech member or associate of another family.
industries.  Nev er resort to, or ev en threaten, v iolence in a
 Bid-rigging member of your family.
 Abusing labor unions  Do not use the telephone except to arrange a
 Extortion (e.g. construction, transport, etc) meeting place, preferably in code, from which
 Use of non-union labor and pocketing the wage you will then trav el to a place to discuss business.
difference.  Av oid mentioning specifics when discussing
 Monopolizing the supply of immigrant workers business-for example names, dates, and places-
with the associated people; smuggling. beyond those absolutely necessary for
understanding.
4. Miscellaneous Activities:  Keep your mouth shut-anything you hear,
 Money laundering; RA 9160, 9194, RA 10167 anything you see, stays with you, in your head;
 Political corruptions; do not talk about it.
 Bullying; and  Do not ask necessary questions. The amount of
 And Piracy. information giv en to you is all you need to carry
out your instructions.
 Never engage in homosexual activities.

Compendium of Crime Detection and Investigation (CDI)


 If your patron arranges for two parties to work 2. Criminal Syndicates = commonly inv olv ed in
together, he assumes responsibility for arbitrating sophisticated crimes such as prostitutions, human
any disputes between the parties. trafficking and other organized form of both are
 The boss can unilaterally direct v iolence, inv olv ed in drug trafficking particularly of heroin
including murder, against any member of his from the golden triangle as well as Exploitation of
family, but he cannot engage in murder-for-hire, women and children and smuggling of illegal
that is, make a profit from murder. immigrants v ices.
 The boss cannot use v iolence against a member
or close associate of another family without prior Dragon Syndicates (HEM)
consultation with that family’s boss.  Is another name for the Chinese Triads, a name
 The principal form of security in the American popularized by Martin Booth’s much acclaimed
Mafia is an elaborate system of referral and study “The Dragon Syndicates: the Global
v ouching. Vouching for someone who turns out Phenomenon of the Triads (New York: Carroll and
to be an informant or undercov er officer entails Graf, 2000).
the death penalty.  The Triad came from the symbolic triangle in their
flag which indicates the three (3) elements: The
RUSSIAN ORGANIZED CRIME Heaven, The Earth and the Man.
 Semion Mogilevich – “Don Semyon” boss of all
bosses Hong Kong Organized Criminal Groups - Triads, such as
 Vyacheslav “Yaponchik” Ivankov – first Major “Wo Sing Wo” and 14K are two of the many triads in
ethically prosecuted. Hongkong. They are inv olved in v arious activ ities ranging
from drug trafficking to corruption.
VORY V ZAKONE
 aka “ thieves with code of honor” ICAC- Independent Commission against Corruption - is
 It is the Sicilian counterpart, linked to a territorial- one of the most activ e Criminal Justice Unit inv olv ed in
based prov ision of protection serv ices and to controlling illicit activ ities of these triads
alliance between upper world and the
underworld. It is characterized by the three t ypes JAPAN
of act ors in crime pict ure at Russia namely:
a. corrupt gov ernment officials, Yakuza (8-9-3) or Boryokudan
b. shady business tycoons (oligarch); and  Is the most influential organized crime group in
c. Members of criminal gang headed by so Japan?
called authorities and loosely tied with  Yakuza makes billions of dollars through
criminal fraternity known as “thieves in law” corporate extractions and the Sokoiya
bounded by codes. (Vory V. Zakone). They (shareholders meet ing men).
were able to create protectiv e roof through  Other activ ities that they are inv olv ed include
their financial and fraternity connection. exploitation of women, prostitutions (mostly
coming from the Philippines, Thailand and
ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS) Taiwan) and gambling den.
 It first formed in the barrios in the 1920s. By 1990s,  Most Americans hav e heard of the Mafia, Lucky
the Major Latino gangs had joined into two Luciano, Al Capone, and their “soldiers” - but
syndicates, the Nort enos based in northern what about the Yamaguchi-gumi, Kazuo Taoka,
California and the Surt enos based in Southern Hideomi Oda, and their yakuza? The
Califoria. Yamaguchi-gumi (gumi means “group”) is a
 The Nortenos include such gangs as Big Hazard, criminal organization that dominates the
the Breed Street Gang and the Silv er Leaf industrialized, densely populated region
Nortenos (SLN). extending from Kyoto through Osaka to Kobe, as
 The Surtenos include the Assasins, King Kobra and well as Tokyo and most other major centers in
Mara Salv atrucha. Japan. The Yamaguchi-gumi is the largest
boryokudan (“v iolent groups”), organizations that
In the Midwest constitute Japanese OC. These organizations
 The Latino gang coalesced (to grow together) hav e been in existence for about three hundred
into two syndicates, the Folk Nation and the years and hav e their roots in the Tokugawa
Peoples Nation based in Chicago. period, when Japan united under a central
 In Texas, Mexican American gangs hav e system of gov ernment. With the end of Japanese
proliferated with the Mexican Mafia, the PRM feudalism, samurai (knights) lost their role in life,
(Partido Revolucionario Mexicano), and Mexicles and many roamed the countryside as free-lance
being t he most prominent . mercenaries. The yakuza - master less samurai,
unscrupulous itinerant peddlers, professional
In the Eastern United States gamblers, and common criminals - ev entually
 The major syndicates are La Gran Raza (The formed structured groups, boryokudan. Under
Great Race) and La Gran Familia (The Great the leadership of their kumi-cho (boss), they
Family). The Dominican Gangs became the were able to exert control ov er sections of
major player in Drug t rade in Met ropolit an New Japan’s urban areas. By adhering to rules of
York and in Nort hern New Jersey. conduct that preclude v iolence against the
police and innocent civilians, yakuza syndicates
In Miami and Dade County, Florida, hav e been able to operate openly, with high-
 The Cuban Mafia has built a strong base, hav ing profile headquarters.
taken adv antage of an alliance with Santo  The term yakuza “is deriv ed from an old Card
Trafficante’s Italian American Mafia family based game . . . whose object was to draw three Cards
in Tampa. adding up as close as possible to 19 without
 In Puerto Rico, the Neta Association began as a exceeding it,” similar to our game of “21” or
prison gang, but it has spread beyond the island blackjack. “Ya-ku-za represents the Japanese
and beyond the prison walls. words for 8, 9, 3, which total 20, a useless number.
Basically, yakuza means ‘good for nothing”. Like
ORGANIZED CRIME IN ASIA many of their American counterparts, the yakuza
“were born into pov erty and graduated from
China Organized Criminal Groups juv enile delinquency into organized crime”. The
Al Capone of Japan, Kazuo Taoka, was, like
1. Gangs (Triad) = work in cooperativ e v entures Capone, born into a poor family. He began his
inv olv ing black market activ ities, burglaries and criminal career as a bouncer in Kobe, much as
thefts, hijackings and extortions. Capone filled this capacity in Brooklyn before
 Black Market – illicit trade in goods going to Chicago. Taoka, like Capone, played a
commodities in v iolation of official major role-in the gang conflicts of the day, and
regulation, in which case the price is both men rose to prominence because of their
lower than the suggested retail penchant for v iolence and talent for
price(SRP) organization. When Taoka, 68, died of a heart
attack in 1981 his funeral was attended by more

Compendium of Crime Detection and Investigation (CDI)


than 1,200 yakuza. “Taoka’s friendships and MYANMAR - Myanmar has the largest organized crime
contacts extended to the highest lev els of groups controlled by milit ary Junt a. It includes the
gov ernment, with two former prime ministers. . . following:
among his friends. That kind of relationship o United Wa State Army (UWSA) – under the
reflected not only Taoka’s personal success but command of Wei-Huseh-Kong – has connection
also historic ties between gangsters and with Southeast Asian and North America.
prominent gov ernment figures”. o Kinkang Chinese – in coordination with MNDAA,
protects cultiv ation areas and refining of drugs.
CAMBODIA o Myanmar National Democratic Alliance Army –
 Drug trafficking and human smuggling are the control the plantations and refine opium into heroin
most notable organized criminal activ ities in and also produced methamphetamine. Trafficking
Cambodia which are widely controlled by the of women and children to Pakistan and Thailand
Chinese and Myanmorese. and corruption are also some of the activities of the
 Other activ ities inv olv ed gambling, corruption, group.
prostitution and money laundering. Due to
people’s belief of the effect of hav ing sex with TAIWAN
v irgin women, prost it ut ion became one of the  Taiwan organized crime has close connection
most expensive organized crime. with the Chinese Triads and Hong Kong
 Virgin women are the highest valued particularly the United Bamboo Gang(UBG). They
commodities. are inv olv ed in drug trafficking, prostitution,
o MORAL VIRGINITY = state of not knowing women and child trafficking.
the nature of sexual life and not hav ing  Four Seas Gang (FSG)
experienced sexual relation.
o PHYSICAL VIRGINITY = a condition SINGAPORE - This is the country with the lowest cases of
whereby a woman is conscious of the organized activities due to stringent laws and sev ere
nature of the sexual life but not penalties and the gov ernment’s strong will power for the
experienced sexual intercourse. Applies to implementation of laws. Consider as the safest city.
women who hav e reached sexual
maturity but not experienced sexual THAILAND - The country considered to be the most
intercourse. notorious in the world in terms of sex industry. Supplies or
 TRUE PHYSICAL VIRGINITY = a imports about one (1) million women in different countries
condition wherein the hymen in Asia. Because prostitution is legal.
is intact, with the edges
distinct and regular, and the VIETNAM
opening is small to barely  “Nam Cam Gang” is one of the most noted
admit the tip of the smallest organized crime group in Vietnam and known for
finger of the examiner ev en if drug trafficking and one of the major transit point
the thighs are separated. of drugs in Laos, Myanmar, China and Taiwan
 FALSE PHYSICAL VIRGINITY = A from Cambodia.
condition wherein the hymen  Viet-Ching - headed by Mink Chee Phy
is unruptured but the orifice is
wide and elastic to admit two INTRODUCTION
or more fingers of the
examiner with a lesser degree Despite the gains achiev ed in the area of law
of resistance. enforcement, the problem on organized crime has
o DEMI-VIRGINITY = a condition of a woman persisted. This is mainly because of the fact the while our
who permits any form of sexual liberties as law enforcement agencies hav e taken strides in
long as they abstain from rupturing the adv ancing their techniques in crime inv estigation,
hymen by sexual act. detection and control, criminals hav e likewise skillfully
o VIRGO INTACTA = applied to women who organized themselv es to keep up with the pace.
hav e had previous sexual act but not yet Moreov er, with the v ast amount of resources at their
giv en birth. disposal, organized crime groups (OCGs) have “procured”
the best ‘brains” and acquired the most sophisticated and
DEFLORATION = the laceration or rupture of the hymen as adv anced technology to serv e their illicit ends, giv ing
a result of sexual intercourse. ‘hem pronounced advantage ev er legitimate institutions
to include ev en gov ernments and their law enforcement
Golden Triangle agencies.
 Burma/Myanmmar
 Laos This report intends to prov ide information on organized
 Thailand crime in the Philippines and shall cov er the following
organized crime under Philippine laws, current definition of
Golden Crescent (IPIA) OCG being used by the Philippine National Police,
 Iran organized crime groups, organized crime situation, and
 Afghanistan the gov ernment initiativ es and counter measures.
 Pakistan
 India The Philippines has specific criminal laws that deal squarely
with specific crimes. These laws can he found in our
Silver Triangle (PBC) Rev ised Penal Code and Special Penal Laws passed by
 Peru the Congress of the Philippines. There is howev er, no law
 Columbia that defines organized crime. Organized crime, is not
 Bolivia regarded as a crime per se, likewise, an indiv idual cannot
be regarded as a criminal by mere association with an
REPUBLIC OF KOREA OCG.

KEANDAL EMENING SCARUPS In the absence of specific law in. the Philippines against
 Although not considered as criminal groups, they organized crime, the prov ision in the Rev ised Penal Code
also engage in criminal activ ities someway to on conspiracy may find application. Conspiracy is not a
help the weak and the poor. They are notable for felony per se but only a manner in incurring criminal
their loyalty and faithfulness. liability. Article 8 of the Rev ised Penal Code states that: “A
 Organized criminal groups come in the form of conspiracy exists when two o” more persons come to an
political groups used as henchmen (Right hand) agreement concerning the commission of a felony and
to attack political riv als decide to commit it.” Thus, conspirators share equal
 Sev eral organized groups are associated with criminal liabilities regardless of their lev els of participation.
YAKUZA and other groups in the United States are
inv olv ed mostly in drug trafficking, prostitution However, under Philippine Special Laws, there are crimes
and exploitation of women. like Illegal Recruitment, Trafficking in Persons and Estafa
which are punishable when committed by a syndicate. It
becomes a syndicate when carried out by a group of

Compendium of Crime Detection and Investigation (CDI)


three or more persons conspiring or confederating with 5. Vic Yu Group - engages in illegal gambling and
one another. operates in Visayas.

It has been said that me common denominator among 6. Superable Family - a kidnapping for ransom (KFR) group
OCGs is the objectiv e to acquire “dirty money” through with a 1 Million prize for the leader’s head who was killed
their illicit activ ities. Thus, denying the OCGs to enjoy the in action during a shoot-out with law enforcers
fruits of their criminal act can serv e as effectiv e
deterrence to these groups. Along thi3 line of argument, 7. Martires KFR group - killed in Action (KIA)
the Anti-Money Laundering Act (AMLA) or Republic Act
(RA) 9160 was enacted in 2001 and amended by RA 9194. 8. Waray-Waray Group - an ethnic group engaged in
Among others, the AMLA criminalizes money laundering kidnap for ransom operations. Members are either belong
and Provides for the penalties therefore, and the freezing from the family clan or nativ es from Samar and Leyt e.
and forfeiture of assets, Their leader was arrested on September 24, 2005.

THF ORGANIZED CRIME GROUP 9. Lupo Rhu Group - lead by Lupo Miguel Tuliao; Agustin
Cav ilan; and Nestor Merin.
The international law enforcement community has yet to
find a univ ersally accepted definition for OCG. In the 10. Red Scorpion Group
United Nations Conv ention against Transnational  Northern Luzon
Organized Crime, organized crime group is characterized  Kidnapping
as a “structured group of three or more person’s existing  Joey De Leon
for a period of time and acting in concert with the aim of
a committing one or more serious crimes or offenses 11. Ozamis Group
established pursuant to this Convention in order to obtain,  Responsible for bombing at Robinson Galleria on
directly, or indirectly, a financial or other material benefit” March 29, 2012.
On the other hand, based on the definition adopted by  Willy Enriquez, Gregorio Dela Cruz
Philippine law enforcement agencies, organized crime
group is a profit motiv ated and highly capable group of TRANSNATIONAL ORGANIZED CRIME
persons or an enterprise organized to undertake
widespread, regular or long term, large scale, high profile CONCEPT OF TRANSNATIONAL CRIME
and diversified criminal activities that has high-impact on The concept of transnational crime was coined
the economy and national security. The latter definition, in by the United Nations (UN) Crime Prevention and Criminal
effect, cov ers wider range of groups and may include Justice Branch to identify certain criminal phenomena
terrorist groups that threaten the security of the state. transcending international borders, transgressing the laws
Nev ertheless, a common denominator exists among these of sev eral states or hav ing impact on another country.
groups as can be deduced from the v arious definitions, -
that is their common objectiv e to acquire “dirty money” TRANSNATIONAL CRIME - A continuing illegal activ ity of
through a premeditated criminal act or acts. group of person which is primarily concerned with the
generation of profits, irrespectiv e of national boundaries as
The Organized Crime Group (OCC) a result of globalization.
The known traditional OCGs such as the Mafia,
Yakuza and the Triads have evolv ed through centuries into GLOBALIZATION - Refers to the rapid dev elopment of the
highly cohesiv e groups that are rich in traditions of western culture that ultimately affects other cultures in the
discipline, loyalty and rigid adherence to the “family” world as brought by intellectual and technological
hierarchy. Compared to their counterparts, the Filipino adv ances, in which some crimes occurring in other
OCGs are relativ ely new. While they may hav e acquired countries are attributed.
the sophistication in the conduct of criminal activ ities and
operations of the traditional ones, OCGs in the Phi1ippnes TRANSNATIONAL ORGANIZED CRIME
hav e yet to adopt if ev er, a more rigid and pronounced  is a crime perpetuated by organized criminal
organizational structure. In a way, this less defined group which the aim of committing one or more
structure results in obscurity. Thereby providing safeguards serious crimes or offenses in order to obtain
for the identities of members and leaders of the OCG. directly or indirectly, a financial or other material
benefits committed through crossing of borders
Filipino OCOs are engaged in, among others, drug or jurisdictions
trafficking, kidnapping-for- ransom (KFP), car napping,
robbery hold-up, prostitution, illegal gambling and ORGANIZED CRIMINAL GROUP
smuggling. The following are profiles of selected examples  shall mean a structured group of three or more
of OCGs in the Philippines: persons, existing for a period of time and acting
in concert with the aim of committing or more
PHILIPPINES serious crimes or offenses established in
 The country considered as the heaven for t he sex accordance with this conv ention, in order to
industry. A number of women are sent abroad as obtain, directly or indirectly , a financial or
entertainers but later end-up as prostitutes. material benefit
Thailand, Japan and other Asian Countries are
common places of their destination. Young SERIOUS CRIME
children for pedophiles are also being catered.  shall mean conduct constituting an offence
punishable by maximum depriv ation of liberty of
1. Francisco Group at least four years or a more serious penalty
 Dragon or Kuratong Baleleng Group, now led by
Manuel Francisco, operates in Visayas and An offense is transnational in nature if:
Mindanao  It is committed in more than one State;
 Mindanao MAFIA (1995(  It is committed in one State but substantial part
 Founder – Octavio “Ongkoy” Parojinog of its preparation, planning, direction or control
takes place in another State;
2. Pentagon Group  It is committed in one State but inv olv es an
 Operates in Mindanao headed by Tahir Alonto, a organized criminal group engages in criminal
creation of MILF to generate funds. Alonto is a activ ities in more than one State; or
nephew of MILF Chairman AL HAJ MURAD o It is committed in one State but has
 Liguasan Marsh – safe place substantial effects in another State.
 Former Leader – Faisal Morohombsar.
Factors Making a Nation “hospitable” to Transnational
3. Lexus Group Crimes
 specializes in carnapping and operates in NCR 1. Corruption
and Luzon 2. Incomplete or weak legislation
3. Poor enforcement of existing laws
4. Rex “Wacky” Salud Group 4. Non-transparent Financial institutions
 engaged in illegal gambling and operates in 5. Unfav orable economic conditions
Cebu 6. Lack of respect for the rule of law in society

Compendium of Crime Detection and Investigation (CDI)


7. Poorly guarded national borders  Pov erty
8. Lack of political will to establish rule of law  power relations and gender inequality
9. Geographic location (e.g. along arms or  Lure of migration
narcotics trafficking route)  Consumerism
10. Regional geopolitical issues (e.g. long-standing  Supply and demand
territorial dispute).
Pull factors to trafficking
PRIMARY STRATEGIES AGAINST TRANSNATIONAL  Increased ease of trav el (cheaper and faster
ORGANIZED CRIME trav el opportunities, easier access to passport);
o Good Gov ernance  Higher salaries and standard of liv ing in larger
o The Rule of Law cities and countries abroad (greater possibilities
o International Cooperation for acquiring new skills and education, increased
job opportunity, and mobility);
Executive Order No. 265  Established migration routes and ethnic, national
 creating the OSETC for a stronger campaign communities;
against transnational crime  Activ e demand for migrant workers in destination
o the Office of the Special env oy on countries combined with the existence of
Transnational Crime is the agency recruitment agencies and persons willing to
concerned in resolv ing ov erlaps in facilitate jobs and trav el; and
systems and procedures and  High expectations of opportunities in other
determines the appropriate agency countries boosted by global media and internet
competent to address a specific access and stories of returning migrants or those
transnational crime issue whose families hav e profited from remittances.

Transnational Crimes Global Status of Human Trafficking


 Trafficking in Persons  In 2004, according to U.S gov ernment 600,000 to
 Terrorism 800, 000 people were v ictims of trafficking
 Drug Trafficking worldwide.
 Cybercrime o (mostly female and minors and 70
 Money Laundering percent were trafficked for sexual
 Env ironmental Crime exploitation)
 Economic crime  According to the data of International Labour
 Intellectual Property Theft Organization 12.3 Million people were trafficked
 Piracy and Armed Robbery Against Ships around the world (across borders and indiv idual
 Illicit Trade (smuggling) of Small Arms and Light countries)
Weapons  300, 000 children were trafficked to serv ed in
armed conflicts (UNICEF)
HUMAN TRAFFICKING
TIP in Asia
TRAFFICKING IN PERSON (TIP)  9.5 million Were trafficked in Asia (ILO).
 a form of modern-day slav ery (1/3 trafficked for other form of economic
 refers to the recruitment, transportation, transfer exploitation, the rest are for commercial sexual
or harboring, or receipt of persons with or without exploitation)
the v ictim's consent or knowledge, within or
across national borders by means of threat or use Status of Human Trafficking in the Phil.
of force, or other forms of coercion, abduction,  According to the United Nations Children's Fund
fraud, deception, abuse of power or of position, (Unicef)an estimated 60,000 to 100,000 children
taking adv antage of the v ulnerability of the in the Philippines are involv ed in prostitution rings.
person, or, the giv ing or receiv ing of payments or  According to the International Labour
benefits to achiev e the consent of a person Organization (ILO) about 100,000 children are
hav ing control ov er another person for the inv olv ed in prostitution.
purpose of exploitation which includes at a  US gov ernment reports, the number of child
minimum, the exploitation or the prostitution of v ictims in the Philippines range from 20,000 to
others or other forms of sexual exploitation, 100,000, with foreign tourists, particularly other
forced labor or serv ices, slav ery, serv itude or the Asians, as perpetrators.
remov al or sale of organs. Section 3a, RA 9208  The Philippines is ranked under Tier 2 Watch List in
the 2009 Trafficking in Persons Report of the
Push Factors to Trafficking United States (US) State Department due to the
1. Indiv idual lev el Philippine gov ernment’s alleged failure to show
2. Family ev idence of progress in conv icting trafficking
3. Community offenders, particularly those responsible for labor
4. Society trafficking.

Individual level Vulnerable sector - Profiles of women trafficked show that


 Lack of education and information they are mostly young, without or less education coming
 History of abuse and exploitation from the rural areas and poor families, which include
 Women’s aspiration women displaced in Central Luzon due to the eruption of
Mt. Pinatubo or the landslide in Guinsaugon Southern
Family Leyte.
 Domestic v iolence or marital discord
 Desertion Philippine Government manifested its Commitment against
 Separation TIP through the Creation/Amendment of other legislative
 Neglect of parents acts such as:
 Breadwinner or desire to improv e the family’s  Mail-Order Bride (RA 6955)
economic condition  Anti-Rape law of 1997 (RA 8553)
 Rape Victim Assistance and Protection Act of
Community 1988 (RA 8505)
 Congested neighborhood  Special Protection of Children Against Abuse,
 Poor housing and liv ing conditions Exploitation and Discrimination Act (RA 7610)
 Lack of employment opportunities  An Act Prohibiting the Employment of Children
 Lack of basic social serv ices Below 15 Years of Age in Public and Priv ate
Undertakings (RA 7658)
Society  Migrant Workers and Ov erseas Filipinos Act of
 Political and economic insecurity 1995 (RA 8042)
 Political corruption  Philippine Passport Act of 1996 (RA 8239)
 Conflict  Inter-Country Adoption Law (RA 8043)
 Structural adjustment policies resulting in the
rising cost of liv ing

Compendium of Crime Detection and Investigation (CDI)


Republic Act 9208 country or seeking redress from the gov ernment
 Anti-Trafficking in Persons Act of 2003 or appropriate agencies; and
 Approv ed May 26, 2003 g. To knowingly benefit from, financial or otherwise,
 Consolidation of Senate Bill No. 2444 and House or make use of, the labor or serv ices of a person
Bill No. 2444 held to a condition of inv oluntary serv itude,
forced labor, or slav ery.
Section 4. Act s of Trafficking in Persons. - It shall be unlawful
for any person, natural or juridical, to commit any of the Section 6. Qualified Trafficking in Persons. - The following
following acts: are considered as qualified trafficking:
a. To recruit, transport, transfer; harbor, prov ide, or a. When the trafficked person is a child;
receiv e a person by any means, including those b. When the adoption is effected through Republic
done under the pretext of domestic or ov erseas Act No. 8043, otherwise known as the "Inter-
employment or training or apprenticeship, for Country Adoption Act of 1995" and said
the purpose of prostitution, pornography, sexual adoption is for the purpose of prostitution,
exploitation, forced labor, slav ery, inv oluntary pornography, sexual exploitation, forced labor,
serv itude or debt bondage; slav ery, involuntary serv itude or debt bondage;
b. To introduce or match for money, profit, or Deficiency Syndrome (AIDS).
material, economic or other consideration, any c. When the crime is committed by a syndicate, or
person or, as prov ided for under Republic Act in large scale. Trafficking is deemed committed
No. 6955, any Filipino woman to a foreign by a syndicate if carried out by a group of three
national, for marriage for the purpose of (3) or more persons conspiring or confederating
acquiring, buying, offering, selling or trading with one another. It is deemed committed in
him/her to engage in prostitution, pornography, large scale if committed against three (3) or
sexual exploitation, forced labor, slav ery, more persons, indiv idually or as a group;
inv oluntary serv itude or debt bondage; d. When the offender is an ascendant, parent,
c. To offer or contract marriage, real or simulated, sibling, guardian or a person who exercises
for the purpose of acquiring, buying, offering, authority ov er the trafficked person or when the
selling, or trading them to engage in offense is committed by a public officer or
prostitution, pornography, sexual exploitation, employee;
forced labor or slav ery, involuntary serv itude or
debt bondage; COMPUTER CRIME
d. To undertake or organize tours and trav el plans  Any crime accomplished through special
consisting of tourism packages or activ ities for knowledge of computer technology.
the purpose of utilizing and offering persons for  Any crime where computer is used as a tool or as
prostitution, pornography or sexual exploitation; a target or incidental to the commission of a
e. To maintain or hire a person to engage in crime.
prostitution or pornography;  Also known as Cybercrime.
f. To adopt or facilitate the adoption of persons  William Gibson – Coined the word CYBERSPACE
for the purpose of prostitution, pornography,  Any illegal act in which knowledge of computer
sexual exploitation, forced labor, slav ery, technology is used to commit the offense. (L. E.
inv oluntary serv itude or debt bondage; Quaratiello)
g. To recruit, hire, adopt, transport or abduct a  All illegal activ ities that are committed by or with
person, by means of threat or use of force, the aid of computer or information technology or
fraud, deceit, v iolence, coercion, or intimidation in which the computers are the target of the
for the purpose of remov al or sale of organs of criminal enterprise. (Martin L. Forst)
said person; and
h. To recruit, transport or adopt a child to engage CYBER CRIME IN THE PHILIPPINES
in armed activities in the Philippines or abroad.
The LOVE BUG
Section 5. Act s t hat Promot e Trafficking in Persons. - The  By far the most popular incidence of cybercrime
following acts which promote or facilitate trafficking in in the Philippines is the “ILOVEYOU Virus” or the
persons, shall be unlawful: LOVE BUG. The suspect in the case, a 23-year old
a. To knowingly lease or sublease, use or allow to be student(Onel De Guzman) from a popular
used any house, building or establishment for the computer university in the Philippines drafted the
purpose of promoting trafficking in persons; v irus with the vision of creating a program that is
b. To produce, print and issue or distribute unissued, capable of stealing passwords in computers,
tampered or fake counseling certificates, ultimately to hav e free access to the internet.
registration stickers and certificates of any
gov ernment agency which issues these  During the height of the LOVE BUG incident,
certificates and stickers as proof of compliance Reuters has reported: "The Philippines has yet to
with gov ernment regulatory and pre-departure arrest the suspected creator of the 'Lov e Bug'
requirements for the purpose of promoting computer v irus because it lacks laws that deal
trafficking in persons; with computer crime, a senior police officer said".
c. To adv ertise, publish, print, broadcast or The fact of the matter is that there are no laws
distribute, or cause the adv ertisement, relating to Cybercrime in the Philippines. The
publication, printing, broadcasting or distribution National Bureau of Inv estigation is finding it
by any means, including the use of information difficult to legally arrest the suspect behind the
technology and the internet, of any brochure, 'Lov e Bug' computer v irus.
flyer, or any propaganda material that promotes
trafficking in persons;  As such, the need for countries to legislate
d. To assist in the conduct of misrepresentation or Cyberlaws relating to Cybercrime arises on an
fraud for purposes of facilitating the acquisition urgent priority basis. Due to the incident, the
of clearances and necessary exit documents Philippines hav e seen the necessity for the
from gov ernment agencies that are mandated passage of a law to penalize cybercrimes, thus
to prov ide pre-departure registration and the enactment of Republic Act 8792 otherwise
serv ices for departing persons for the purpose of known as the Electronic Commerce Act.
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and entry of RA 8792
persons from/to the country at international and  legislated because of I lov e you v irus
local airports, territorial boundaries and seaports  This Act shall be known and cited as the
who are in possession of unissued, tampered or "Electronic Commerce Act.“
fraudulent trav el documents for the purpose of  Approv ed June 14, 2000
promoting trafficking in persons;
f. To confiscate, conceal, or destroy the passport, Common Types of Cyber Crimes already handled by NBI
trav el documents, or personal documents or 1. HACKING / CRACKING
belongings of trafficked persons in furtherance of 2. MALICIOUS EMAIL SENDING
trafficking or to prev ent them from leav ing the 3. INTERNET PORNOGRAPHY

Compendium of Crime Detection and Investigation (CDI)


4. LAUNCHING OF HARMFUL COMPUTER VIRUSES website’s database serv er. Hackers look for the
5. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DOS) file containing the credit card information of all
6. WEBSITE DEFACEMENT the customers who bought from a certain e-
7. ACQUIRING CREDIT CARD INFORMATION FROM commerce site. Upon acquisition thereof, it will
AN E-COMMERCE WEBSITE be decrypted to make it readable and all the
8. INTERNET SHOPPING USING FRAUDULENTLY information of the transactions will be made
ACQUIRED CREDIT CARDS av ailable. Hackers prefer VISA, AMERICAN
9. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY EXPRESS and MASTERCARD when filtering credit
ACQUIRED CREDIT CARD card information. It is because VISA and
10. ON-LINE AUCTION FRAUD MASTERCARD are widely accepted by almost
ALL Internet Shopping Sites. American Express on
WHAT ARE COMMON METHODS AND STANDARD TERMS the other hand has no CREDIT LIMIT
USED TO DESCRIBE CYBER CRIME?
 Credit card numbers of American Express start
Hacking - is the act of illegally accessing the computer with the number 3, MasterCard credit cards start
system/network of an indiv idual, group or business with the number 5 while VISA Credit cards start
enterprise wit hout t he consent or approval of t he owner of with the number 4
t he syst em
 American Express credit cards hav e 15 digits
Cracking - is a higher form of hacking in which the Account Number while Visa and Mast ercard
unauthorized access culminates with the process of credit cards contain 16.
defeat ing t he security system for the purpose of acquiring
money or informat ion and/or availing of free services Internet Shopping Using Fraudulently Acquired Credit Card
 Hackers, upon acquiring the desired credit card
Malicious Sending of E-mails - the sending of malicious information now conducts “window shopping”,
and defamatory electronic mails for the purpose of hopping from one shop site to another, looking
extorting money, or threatening prospectiv e v ictims for cellphones, gadgets, apparels, computer
peripherals, softwares etc. When he finds what
Internet Pornography - The trafficking, distribution, posting, he wants to buy, he then add/s his desired item/s
and dissemination of obscene material including to the shopping cart and checkouts. He will then
children’s nude pictures, indecent exposure, and child sex supply the Credit Card information of the
slav ery posted into the internet, live streaming videos aired fraudulently acquired credit card such as the
through the internet Complete name of the cardholder, address, zip
code, state, email address, credit card number
A computer virus - is a computer program that can copy and expiration date. Other pertinent information
itself and infect a computer without permission or such as shipping address of the items ordered will
knowledge of the user hav e to be supplied too.

Launching of Harmful Computer Virus Wire Transfer of Funds from Fraudulently Acquired Credit
1. Virus Card
2. Worm  When a hacker knows your complete credit card
3. Trojan Horse information, he can extract CASH from the
acquired credit/debit card online. By signing up
Worm - spread itself to other computers without needing with Western Union Money Transfer
To be transferred as part of a host (http://www.westernunion.com) using the
fraudulently acquired credit card information, he
Trojan horse - Is a file that appears harmless until executed. can pretend that he will just send money to his
Trojan horses do not insert their code into other computer relativ e and western union will directly debit the
files credit card and it will reflect on the billing
statement of the original credit card holder. Wire
Logic bomb transfer of funds using credit cards require the
 a set of instructions secretly inserted into a credit card security number.
program that is designed to ex ecute if a
particular program is satisfied Online Auction Fraud
 the bomb lies dormant until a particular date is  First, the fraudster should sign up for an account at an
reached or command entered online auction site such as e-bay, yahoo auctions or
U-Bid
Identity theft - defined as the criminal act of assuming  The fraudster falsifies all information that he enters on
person’s name, address, social security number, and date the signup page. The only true information is his email
of birth in order to commit fraud address, for he will be contacted by interested
bidders by means of email. He will be asked to
Phishing - sending fraudulent e-mails or website pop-ups, prov ide a credit card. This is where he will need the
to get v ictims to div ulge sensitiv e financial information fraudulently acquired credit card. When all of the
such as credit card numbers or social security numbers required fields are signed up, his application will be
approved and he will be a registered member of the
Distributed Denial of Service Attacks - DDoS attacks can said auction site. He is now then allowed to bid, and
be committed by employing multiple computers auction any item. A fraudster will auction expensiv e
controlled by a single master computer serv er to target a items such as laptops, cellphones, PDA’s (handheld
particular serv er by bombarding it with thousands of dev ices), desktop computers, camcorders and hard
packets of data in an attempt to ov erwhelm the serv er to find memorabilias. He will then sell it at a lower
and cause it to crash price for legitimate bidders to bid immediately. An
Website defacement - is the unauthorized modification of online fraudster only accepts payments thru personal
a website checks, money order, wire transfer and western union
money transfer. It is bluntly stipulated in his auction
Acquiring Credit Card Information from a Website that page.
offers E-Services
 When you shop online, the most conv enient way TECHNICAL TERMS
to pay for the items you order is through your
credit card. When you pay thru your credit card, 1. ISP - Stands for Internet Serv ice Prov ider. It
you need to disclose information such as your prov ides internet serv ice to internet users.
complete name, your postal address, zip code, 2. IP Address - series of numbers assigned by an
state, phone number credit card account Internet Service Provider to an internet user when
number, its expiration date and its security it connects to the Internet
code/pin. Upon entering the abov e-mentioned 3. Dynamic IP Address - a type of IP Address that
information, it will be v erified “real-time” by the changes ev erytime the internet user accesses his
site merchant. It usually takes a minute to v erify Internet Service Prov ider. It is usually assigned to
whether the credit card is v alid or inv alid. If valid, dial-up or base speed broadband serv ice
the information you entered will be stored in the

Compendium of Crime Detection and Investigation (CDI)


subscribers (eg. ISP Bonanza, Surfmaxx, PLDT  an action the urban guerilla must execute with
myDSL 128kbps serv ice etc.) the cold-bloodedness, calmness and decision
4. Static IP Address - a type of IP Address that is (Modern godfather of urban guerilla, Carlos
constant regardless of the time or number of Marighella)
attempts the internet user accesses the internet.  a premeditated, politically motiv ated v iolence
It is usually assigned to High-Speed Internet Users perpetuated against noncombatant targets by
or Corporate Accounts (eg. ADSL (Asymetric groups of clandestine state agents, usually
Digital Subscriber Line) connections, E1 Internet intended to influence an audience (U.S
Connections, OC3 Internet Connections, T1 Department of State)
Internet Connections, Leased Line Internet  Paul Pillar, an erstwhile deputy chief of the CIA
Connections) counter-terrorist center, opined that terrorism has
5. Website - a portfolio of a person / organization / four basic components or elements prov iding
entity / company which is posted on the Internet guides to defining it, namely:
for accessibility worldwide. 1. It is premeditated, planned in adv ance, rather
 The INTERNET PROTOCOL (IP) ADDRESS is the an impulsiv e act of rage;
anchor of the inv estigation of all crimes 2. It is political and not criminal, but designed to
committed v ia the internet. The identification of change existing political order;
the IP Address leads to the identity of the Internet 3. It is aimed at civ ilians and not a military targets or
Serv ice Provider (ISP) used to access the internet combat ready troops; and
and ev entually the subscriber of the account 4. Sub-national groups execute it, not the army of a
where the internet activ ity was performed. giv en country.
 The IP Address as giv en by the ISP depends on  the unlawful or threatened use of force
the type of internet account a subscriber or v iolence by a person or an organized
maintains, whether it is a DYNAMIC IP or STATIC group against people or property. With
IP. the intention of intimidating or coercing
If Static: societies or gov ernments, often for
 Subscriber information (name, billing address, ideological or political reasons,
installation address, type of internet account, (Webster Dictionary)
usage and costs etc.) if applicable  a threat or actual use of force or
v iolence for political or other purpose,
If Dynamic to foster fear, distrust, insecurity, and
 log reports indicating telephone number used to unrest among specific or the general
make “dial-up” access population
 v iolence for effect not primarily, and
VERY IMPORTANT: sometimes not all for the physical effect
 The address of the subscriber as giv en by the ISP on the actual target, but rather for its
or Phone Company should be analyzed to dramatic on an audience
determine whether it is a Billing Address or an  the calculated use of v iolence or the
Installation Address. threat of v iolence to attain goals, often
 For purposes of a search warrant application, the political or ideological in nature
Installation Address is the more important matter  v iolent criminal behav ior designed to
to consider. The purpose of a Search Warrant generate fear in the community, or a
application/ implementation in a cybercrime substantial segment of it, for political
inv estigation, as with any other offense is to purpose
confiscate and seize the instruments/implements,
tools used in the commission of the offense. Since International terrorism - politically-oriented extreme
the crime was committed with the aid of a v iolence that is perpetrated by residents or representativ es
computer, the same and its peripherals are the of one or more countries against the interest of another
instruments used in its commission. country or by members of a v iolent foreign politically
directed organization not affiliated with the country being
TOP TEN SECURITY TIPS FOR COMPUTER USERS attacked for the purpose of forcing a change in
1. Nev er send an e-mail that you wouldn't let your gov ernment or in how society functions
wife or boss to read.
2. Turn off your computer when you are not using it. Al Qaeda
It is the only sure way to keep the hackers out.  in Arabic, this means The Base
3. Use a password to log onto your computer. Most  founded by Osama bin Laden in 1980
operating system let you set a password and to  Osama bin Laden
change it regularly. o Organized al Qaeda
4. Don’t accept cookies. If you hav e to, delete o born in 1955 or 1957 in the city of Riyadh
them when you are finished surfing. o responsible for truly heinous terrorist
5. Use the latest v ersions and software patches for incidents, including the 2001
your e-mail and your browser. New security destruction of the World Trade Center
loopholes are constantly being discov ered. o died killed in Pakistan on May 2, 2011
6. Keep your antiv irus up to date. Hackers nev er (Operation Neptune Spear)
rest. Ev ery email attachment can contain a virus,
so scan it before you open it. Ayman Mohammed Rabie al-Zawahiri
7. Watch your laptop at the airport. Be specially - Born June 19, 1951
careful at X-ray security machines, which is - An Egyptian physician, Islamic theologian and
where most laptop theft occur. current leader of al-Qaeda.
8. Don’t use the same password ov er and ov er.
Make new v ariations. Hamas
9. Use a paper shredder. Don’t just throw out  "enthusiasm“
unsolicited credit card application. Shred them.  an acronym of Ḥarakat al-Muqāwamah al-
10. Nev er giv e out your social security number, ʾIslāmiyyah "Islamic Resistance Mov ement")
online or off. This information in a wrong hand is  is the Palestinian Sunni Islamic or Islamist political
license to steal. party that gov erns the Gaza Strip.
 Sheikh Ahmed Yassin & Mahmoud Zahar
TERRORISM  “Hamas is an extremist group...it is one of the
 the word terror deriv es from the Latin word deadliest terrorist organizations in the world
terrere, meaning “to frighten” today.” George W. Bush
 the use or threatened use of force design to
bring about political change. (Brian Jenkins of Hezbollah
the Rand Corporation)  literally "Party of God“
 the unlawful use of force or v iolence against  is a Shi'a Muslim militant group and political party
persons or property to intimidate or coerce a based in Lebanon.
gov ernment, the civ ilian population, or any  receiv es financial and political support from Iran
segment thereof, in furtherance of political or and Syria, and its paramilitary wing is regarded as
social objectiv es (FBI)

Compendium of Crime Detection and Investigation (CDI)


a resistance mov ement throughout much of the  Bov ier defines it as “a set of doctrines or beliefs
Arab and Muslim worlds that from the basis of a political, economic and
 the United States, the Netherlands United other systems”.
Kingdom, Israel, Australia, and Canada classify
Hezbollah as a terrorist organization, in whole or TERRORIST TACTICS
in part 1. Bombings
2. Assassinations and Assaults
Jemaah Islamiya 3. Kidnapping
 Dates of operation: 1993- present 4. Hostage-taking/skyjacking
 Aliases: "Islamic Congregation, Islamic 5. Weapons of mass destruction(WMD)
Community, Islamic Group
 Base of Operation: Indonesia; Malaysia; WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?
Philippines; Singapore  term used to describe a massiv e weapon with
 Founding Philosophy: Create an Islamic state the capacity to indiscriminately kill large number
across Southeast Asia to include Singapore, of people
Indonesia, Malaysia, Brunei, southern Thailand,  it could be nuclear, biological and chemical
and southern Philippines. weapons
 JI was added to the United Nations 1267
Committee's list of terrorist organizations linked to Categories of chemical agents (mostly in liquid form)
al-Qaeda or the Taliban on 25 October 2002 1. Nerv e agents
under UN Security Council Resolution 1267 2. Blistering agents
3. Chocking agents
Domestic Terrorism 4. Nerv e agents
 politically oriented extreme v iolence that is
perpetrated by residents of a country within that 1. Nerve Agents
country in order to force a change in  agents that disrupt the mechanism by which
gov ernment or how in society functions nerv es communicate with organs they stimulate
 in other words the agents gets the nerv es to send
TERRORIST IN THE PHILIPPINES the wrong signal to the muscles they control and
hence, disrupt muscle function of the body
Rajah Solaiman Movement  ex. Sarin Gas
 aka “Balik Islam” or “Back To Islam”
 founder Hilarion del Rosario Santos III aka 2. Blistering Agents
Hannah Santos, aka Ahmed Santos, aka Hilarion  There are three common of this type; the most
del Rosario, conv erted to Islam in 1993 and widely known are mustard gas, lewisite, and
married into the top ranks of the leadership of phosgene oxime. Mustard gas, first used in World
the Abu Sayyaf Group (ASG) War I, will caused blistering on the exposed
 one of the latest groups affiliated with ASG, MILF portions of the body, as well as on internal
and JI organs. It will generally cause blindness and then
death by respiratory failure
ABU SAYYAF GROUP (ASG) 3. Chocking Agents
Aliases:  One of the deadliest choking agents is phosgene
 Al-Harakat Al-Islamiyyah, Bearer of the Sword, gas. This agent damages the respiratory system
Father of the Swordsman and causes the lungs to fill with water, and thus
chokes the v ictim.
Ex. chlorine
Founding Philosophy
 The Abu Sayyaf Group (ASG) was formed in 1991 Biological Agents (liquid or dry form)
during the peace process between the 1. Anthrax
Philippine gov ernment and the 2. Botulinum toxin
nationalist/separatist terrorist group, the Moro 3. Brucellosis
National Liberation Front (MNLF). Angered by the 4. Cholera
mov ement toward a peaceful resolution, certain 5. Plague
MNLF members formed Abu Sayyaf 6. Typhoid fev er
7. Rickettsia
DIFFERENT TYPES OF TERRORISM
1. Anti-colonial Terrorism Anthrax
2. Ideological Terrorism  a single cell organism that is produced by a
3. Religious Terrorism fermentation process, such as that by which beer
is made
Ethnocentric - The category of terrorist organization which  caused by Bacillus anthracis and the effects of
is aimed at est ablishing a dominant or superior race that exposure include a sev ere infection that attacks
will be looked upon by the entire populace in the world. the skin, lungs, and gastrointestinal tract
 direct contact will cause formation of dry scabs
Revolutionary - The category of terrorist group which is all ov er the victims body and can dev elop into
dedicated to overt hrow an est ablished order and systematic infection
replacing it wit h a new polit ical or social st ruct ure.  when inhaled, the agent attacks the respiratory
system with symptoms appearing from one to
Political - The category of terrorist group which aims in sev en days
rest ruct uring t he societ y.
Botulinum toxin
Nationalistic - Those who commit acts of v iolence due to  a protein made by the clostridium botulinum
their loyalt y or devot ion t o t heir count ry. bacteria
 exposure to the toxin, the nerve cell synapses are
ROOT CAUSES OF TERRORISM affected, causing palsy, spasms, and then
1. Political Ideologicalism paralysis
2. Religious Fanaticism
Brucellosis
Jihad  also known as undulant fever
 The term which refers to t he holy war waged by  symptoms can include intermittent or prolonged
members of the Islamic religion against t he Jews . fev er, headaches, profuse sweating, chills, pains
in the joints and muscles and fatigue
IDEOLOGY
 body of ideas affecting the social needs and Cholera
aspirations of an indiv idual or group, a class or a  an acute gastrointestinal disease caused by
culture” Vibrio Cholera

Compendium of Crime Detection and Investigation (CDI)


 symptoms include a sudden onset of nausea and 3. Article 134-a (Coup d’ etat), including acts
or v omiting accompanied by sev ere diarrhea committed by priv ate persons;
and a rapid loss of body fluids 4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal
Plague Detention);
 in natural transmittal form, the plague may the 6. Article 324 (Crimes Inv olv ing Destruction)
bubonic plague, or black death that eradicated 7. or under
a great number of European in the middle ages - Presidential Decree No. 1613 (The Law on
 transmitted from person to person by respiratory Arson);
transmission, through rats, or from the bite of an - Republic Act No. 6969 (Toxic Substances and
infected flea Hazardous and Nuclear Waste Control Act of
 symptoms are high fev er accompanied by 1990);
general aches, sev ere weakness, and - Republic Act No. 5207, (Atomic Energy
pneumonia Regulatory and Liability Act of 1968);
- Republic Act No. 6235 (Anti-Hijacking Law);
Typhoid fever - Presidential Decree No. 532 (Anti-piracy and
- caused by an organism called salmonella Anti-highway Robbery Law of 1974); and,
typhosa which causes fev er and frontal - Presidential Decree No. 1866, as amended
headaches and is usually accompanied by rose (Decree Codifying the Laws on Illegal and
colored spots on the skin Unlawful Possession, Manufacture, Dealing in,
- must employed through food and limited water Acquisition or Disposition of Firearms,
contamination Ammunitions or Explosives)thereby sowing and
creating a condition of widespread and
Rickettsia extraordinary fear and panic among the
- disease that appears in domesticated animals populace, in order to coerce the gov ernment
such as sheep, cattle, and goats to giv e in to an unlawful demand shall be
- spread to human through inhalation of particles guilt y of t he crime of t errorism and shall suffer
contaminated with organism the penalt y of fort y (40) years of imprisonment,
- incubation period, ranging from 10 to 14 days wit hout t he benefit of parole as prov ided for
under Act No. 4103, otherwise known as the
BOMBING Indeterminate Sentence Law, as amended.

Terrorist commit bombings for a number of reasons: R.A. 9372, SEC. 4. Conspiracy t o Commit Terrorism
1. To gain media attention, particularly the target is - Persons who conspire to commit the crime of
v isible or symbolic. terrorism shall suffer the penalty of forty (40)
2. Bombing is a cost effectiv e and efficient way to years of imprisonment
attack a facility. - There is conspiracy when two or more persons
3. Bombing can be accomplished with a small come to an agreement concerning the
number of personnel. commission of the crime of terrorism
4. Bombing is inexpensiv e in comparison to
alternativ es such as kidnapping or hostage- The prov isions of Republic Act No. 4200 (Anti-Wire Tapping
taking. Law) to the contrary notwithstanding, a police or law
5. Random bombing make a considerable impact enforcement official and the members of his team may,
on the population, because more people fear a upon a written order of the Court of Appeals, listen to,
bomb attack than being kidnapped or taken intercept and record, with the use of any mode, form, kind
hostage. or type of electronic or other surv eillance equipment or
6. Explosiv es are readily av ailable through theft, intercepting and tracking dev ices, or with the use of any
sympathetic supporters, or purchase. Explosiv es other suitable ways and means for that purpose, any
can be constructed through the use legitimately communication, message, conv ersation, discussion, or
purchased chemicals, fertilizers, and other spoken or written words between members of a judicially
material. declared and outlawed terrorist organization, association,
or group of persons or of any person charged with or
Types of bombers suspected of the crime of terrorism or conspiracy to
1. Amateur - can be described as experiments commit terrorism.
2. Professional - builds or bombs or does both for
profit Provided, That surveillance, interception and recording of
3. Psychopathic - acts without rhyme or reason communications between lawyers and clients, doctors
4. Suicidal - major attack weapon in recent years, and patients, journalists and their sources and confidential
particularly among Islamic terrorist groups business correspondence shall not be authorized.

Number of elements which are almost universal in modern MONEY LAUNDERING


terrorist activities - MONEY LAUNDERING IS A CRIME.
- The use of v iolence to persuade - MONEY LAUNDERING IS ALSO THE WORLD’S THIRD
- Bombings or other attacks are employed to LARGEST INDUSTRY BY VALUE.
“make a point” with target v ictims. - Cash is a bearer instrument and completely
- Selection of targets and v ictims for maximum replaceable and easily conv ertible, lends
propaganda v alue- anonymity to many forms of criminal activ ity and
- The use of unprov oked attacks of course is the preferred medium of exchange in
- Maximum publicity at minimum risk the criminal world.
- Use of surprise to circumv ent countermeasures - “Cov ers all procedures to change, obscure or
- Threats, harassment, and v iolence conceal the beneficial ownership or audit trail of
- Disregarding women and children as v ictims illegally obtained money or v aluables so that it
- Propaganda is used to maximize the effect of the appears to hav e originated from a legitimate
v iolence source.”
- Loyalty to themselv es or kindred groups - “A process through which the existence of an
illegal source of unlawful application of illicit
R.A. 9372 gains is concealed or disguised to make the
- Human Security Act of 2007 gains legitimate, thereby helping to ev ade
- Approv ed on March 6, 2007 detection, prosecution, seizure and taxation.”
- Effectiv e on May 15, 2007
“Money Laundering” is called what it is because the term
Terrorism perfectly describes what takes place, illegal or dirty
 any person who commits an act punishable money is put through a cycle of transactions, or “washed”,
under any of the following prov isions of the RPC: or “laundered”, so that it comes out the other end as
(Sec. 3) legal, or clean money.
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters); In other words, the source of illegally obtained funds is
2. Article 134 (Rebellion or Insurrection); obscured through a succession of transfers and deals in

Compendium of Crime Detection and Investigation (CDI)


order that those funds can eventually be made to appear o The Forty Recommendations
legitimate income. o List of measures that the FATF encourages all
nations to adopt in order to institute and
How serious is the problem? implement an effectiv e anti-money laundering
 Money laundering allows criminals to preserve and program. They constitute the international
enjoy the proceeds of their crimes, prov iding them standards of anti-money laundering measures
with the incentive and means to perpetrate such with respect to the criminal justice system, law
activ ities and at the same time expand and enforcement procedures and the regulation of
consolidate their forces. the financial system.
 Corrupts financial institutions, control sizeable
sectors of the economy through inv estments and 1. Criminalization of money laundering
ev en bribe and infiltrate governments. In extreme 2. Establishment of a system of suspicious
cases, it may lead to the v irtual take-ov er of a transaction reporting
legitimate gov ernment. 3. Creation of a centralized financial intelligence
 Destroys the integrity of gov ernments. With the unit or “FIU”
increasing awareness of the ill-effects of money 4. Remov al or relaxation of bank secrecy laws
laundering and the growing interdependence 5. Institution of a system allowing mutual assistance
among global communities, countries that are and cooperation between countries to
known to be used by money launderers could be apprehend and prosecute suspected money
placed in a bad light, adv ersely affecting their launderers
financial institutions and relations within regional
and global economies. The FATF cracks down on terrorist financing with the
following nine special recommendations :
The three common factors identified in laundering 1. Prov ide the widest possible range of assistance to
operations are: other countries’ law enforcement and regulatory
a. The need to conceal the origin and true authorities for terrorist financing inv estigations.
ownership of the proceeds; 2. Impose anti-money laundering requirements on
b. The need to maintain control of the proceeds; alternativ e remittance systems.
c. The need to change the form of the proceeds in 3. Strengthen customer identification requirements
order to shrink the huge v olumes of cash in international and domestic wire transfers.
generated by the initial criminal activ ity, the so- 4. Ensure that entities, in particular non-profit
called “predicate offense” or “unlawful activity”. organizations cannot be used to finance
terrorism.
IMPUNITY
 without fear of prosecution  The prov isions of the Anti-Money Laundering Act
 without fear of confiscation of 2001 (AMLA) or R.A. No.9160, as amended,
lays down the Philippine policies and principles to
Money laundering is not a single act but is in fact a prev ent banks, insurance companies and the
process that is accomplished in three basic steps or securities and capital markets and industries from
stages: being utilized by money launderers to “wash”
a. Placement ‘Smurfing their so-called “dirty money”.
b. Layering “Transformation”
c. Integration “Injection” The two-fold policy of the AMLA are :
1. To protect and preserv e the integrity and
 The physical disposal of cash proceeds deriv ed confidentiality of bank accounts;
from the unlawful activ ity. 2. to ensure that the Philippines is not used as a
 The aim is to remov e cash from the location of money laundering site of the proceeds of
acquisition to av oid detection. unlawful activ ities.
 Separating illicit proceeds from their source by
creating complex layers of financial transactions Thus, it is the Philippines’ policy not only to protect
designed to disguise the source of money, depositors and inv estors but of equal importance is the
subv ert the audit trail and prov ide anonymity. inv estigation, apprehension and prosecution of suspected
 The purpose is to disassociate the illicit proceeds money launderers.
from the unlawful activ ity by creating
intentionally a complex web of financial - Under the AMLA, money laundering is “ a crime
transactions aimed at concealing any audit trail whereby the proceeds of an unlawful activ ity are
as well as the source and ownership of funds. transacted, thereby making them appear to
 The final stage in the process at which the money hav e originated from legitimate sources.”
is integrated into legitimate economic and - Money Laundering as a crime is committed in
financial systems and is assimilated with all the three (3) different ways under the AMLA
other assets in the system. - “Any person knowing that any monetary
 Integration of laundered money into the instrument or property represents, inv olv es, or
economy is accomplished by making it appear relates to, the proceeds of any unlawful activ ity,
to have been legally earned. Thus, exceedingly transacts or attempts to transact said monetary
difficult to distinguish between legal and illegal instrument or property.”
wealth. - Imprisonment of 7 to 14 years and a fine of not
less than P 3 Million but not more than twice the
Laundering of Proceeds v alue of the monetary instrument or property
 Mix dirty money with legitimate funds inv olv ed in the transaction.
 Use dirty money for legitimate purposes - “Any person knowing that any monetary
 Inv est dirty money in legitimate business/es instrument or property inv olv es the proceeds of
an unlawful activ ity, performs or fails to perform
The Vienna Convention of 1988 – The United Nations any act as a result of which he facilitates the
Conv ention Against Illicit Traffic in Narcotic Drugs and offense of money laundering referred to in
Psychotropic Substances paragraph (a) abov e.”
o “To depriv e persons engaged in illicit traffic of the - Imprisonment of 4 to 7 years and a fine of not less
proceeds of their criminal activ ities and thereby than P 1 Million but not more than P 3 Million.
eliminate their main incentiv e for doing.” - “Any person knowing that any monetary
o Taking profit away from the crime! instrument or property is required under this Act
o Fighting money laundering prev ents the criminal to be disclosed and filed with the Anti-Money
from enjoying his ill-gotten gains and he will also Laundering Council (AMLC), fails to do so.”
be unable to infuse the same back to his criminal
activ ity or organization. Other penalties include:
o The Financial Action Task Force (FATF) is the - Forfeiture of the monetary instruments or property
international body formed by the leading inv olved in the money laundering offense in favor
industrial countries in the world, collectiv ely of the Philippine gov ernment.
known as the Group of Sev en (“G7”), during the
Paris G7 Summit of 1989.

Compendium of Crime Detection and Investigation (CDI)


- Perpetual or temporary absolute disqualification WHAT ARE FIREARMS?
from public office, as the case may be, if the - includes handguns, rev olv ers, pistols, rifles,
offender be a public official or employee. muskets, carbines, shotguns, cannons and all
- If the offender is a corporation, partnership, other deadly weapons from which a bullet, ball,
association or any juridical person, the penalty shot, shall or other missile may be discharged by
shall be imposed on the responsible officer who means of gunpowder or other explosiv es
participated in or allowed by gross negligence - also includes air rifles and air pistols not classified
the commission of the crime. as toys under the prov isions of Executiv e Order
- “Unlawful Activity” refers to any act or omission or No. 712 dated 28 July 1981. The barrel of any
series or combination thereof involv ing or hav ing firearm shall be considered a complete firearm.
DIRECT relation to any of the following:
a. Piracy on the high seas FIREARMS TRAFFICKING
b. Qualified Theft - refers to the act of any person who, through the
c. Swindling use of any fraudulent machinations, shall import
d. Smuggling or bring into, or export from, the Philippines, or
e. Offenses under the E-Commerce Act assist in so doing, any firearm or parts thereof,
f. Hijacking, destructiv e arson, murder, explosiv e or ammunition or machine,
g. Violations of the Securities and implements, equipments or tools for the
Regulation Code manufacture of firearms.
h. Felonies or offenses of a similar nature - shall likewise refer to the act of any person who,
under penal laws of other countries contrary to law, shall:
- receiv e, conceal, buy, sell, or in any
The Anti-Money Laundering Council (AMLC) is the financial manner facilitate the transportation,
intelligence unit of the Philippines and is composed of the concealment or sale of said firearms or
following officials : parts thereof, explosiv e or ammunition
- The Gov ernor of the Bangko Sentral ng Pilipinas or machine, implements, equipments or
- The Chairperson of the Securities and Exchange tools for the manufacture of firearms,
Commission ammunition or explosiv es after
- The Commissioner of the Insurance Commission importation, knowing the same to hav e
been imported contrary to law.
A COVERED TRANSACTION is a transaction in cash or other
equiv alent monetary instrument involv ing a total amount Why does this illicit activity flourish?
in excess of PHP500,000.00 within one (1) banking day.  It is a dangerous but profitable criminal
enterprise.
Republic Act No. 9160  However, it threatens not only public safety and
- approv ed on September 29, 2001 national security but also endangers, and
- this Act shall be known as the "Anti-Money oftentimes, takes away the liv es of innocent
Laundering Act of 2001.“ persons.
 It is one of the transnational organized crimes
For the prev ention of money laundering, the AMLA that affect not only the Philippines and other
contains specific prov isions on the following areas: neighboring Asian countries but also the rest of
a. Customer identification the world.
b. Keeping of records  The country lacks anti-firearms
c. Recognition and reporting of cov ered and smuggling/trafficking laws.
suspicious transactions  No region is immune to illicit trade and trafficking
d. Training in small arms and light weapons
 Collaborativ e and cooperativ e measures are
Importance of Customer Identification essential to address this transnational threat.

The inadequacy or absence of “KYC” standards can Why should it be addressed?


subject banks to serious customer and counter (third)  It poses a serious threat to national security and a
party risks, especially: stumbling block to economic dev elopment.
1. Reputational risk  Firearms can be tools of v iolence. Letting the
2. Operational risk control of the tools of v iolence get out of hand
3. Legal and concentration risk can be a disaster for any society.

Reputational Risk Efforts to curtail the problem


- the potential that adv erse publicity regarding a  Improv ement of the traceability of firearms;
bank’s business practices and associations,  Passage of relev ant laws and prov iding stiffer
whether accurate or not, will cause a loss of penalties thereto;
confidence in the integrity of the institution.  Encouraging return of loose firearms through
programs such as amnesty and “balik-baril”
Operational Risk programs; and
- the risk of direct or indirect loss resulting from  More extensiv e law enforcement.
inadequate or failed internal processes, people
and systems or from external ev ents. RELEVANT LAWS
 The Memorandum for the SILG recommending
Legal Risk the phase-out of the use, manufacture or sale of
- the possibility that lawsuits, adverse judgments or Palt ik (home-made) Firearms; and
contracts that turn out to be unenforceable can  The PNP Circular on the disposition of Captured,
disrupt or adv ersely affect the operations or Confiscated, Surrendered and Deposited
condition of a bank. Firearms, Ammunition and Explosiv es.

RA 9194 BASIC FIREARMS LAWS, RULES AND REGULATIONS:


- approv ed on March 7, 2003
- An Act Amending Republic Act No. 9160, Section 1, Republic Act No. 8294:
otherwise known as the Anti-Money Laundering
Act of 2001  Acts punishable: Unlawful Manufacture, Sale,
Acquisition, Disposition or Possession of Firearms
ARM SMUGGLING Ammunition or Instruments Used or Intended to
be Used in the Manufacture of Firearms or
Smuggling Ammunitions.
- also known as trafficking, is the clandestine
transportation of goods or persons past a point  Penalty:Prision correccional in its maximum
where prohibited, such as out of a building, into period and a fine of not less that Fifteen
a prison, or across an international border, in Thousand pesos(P15,000.00)
v iolation of the law or other rules

Compendium of Crime Detection and Investigation (CDI)


 (low-powered firearm such as rim fire handgun, - refers to the illegal process through which
.380 or .32 and other firearm of similar firepower, narcotics and other illegal drugs are produced,
part of firearm, ammunition or machinery, tool or transported, and sold.
instrument used or intended to be used in the - the illegal cultiv ation, culture, deliv ery,
manufacture of any firearm or ammunition: administration, dispensation, manufacture, sale,
Prov ided that no other crime was committed) trading, transportation, distribution, importation,
exportation and possession of any dangerous
Section 1, Republic Act No. 8294: drug and/or controlled precursor and essential
 Acts punishable: Unlawful Manufacture, Sale, chemical.
Acquisition, Disposition or Possession of Firearms - generally refers to the sale and distribution of
Ammunition or Instruments Used or Intended to illegal drugs
be used in the Manufacture of Firearms or
Ammunitions. R.A. 6425 –Dangerous Drug Act of 1972 was repealed by,
 Penalty:Prision mayor in its minimum period and a
fine of Thirty Thousand pesos (30,000.00) R.A. 9165 –Comprehensiv e Dangerous Drug Act of 2002.
 (high-powered firearm which includes those with
bores bigger in diameter that .38 caliber and 9 ENVIRONMENTAL CRIME
millimeter such as caliber 40, 41, 44, 45 and also
lesser calibered firearms but considered powerful - the deliberate ev asion of environmental laws and
such as caliber 357 and caliber .22 center fire regulations by indiv iduals and companies in the
magnum and other firearms with firing capability pursuit of “personal interest and benefit.” Where
of full automatic and by burst of two or three: these activ ities involv e movements across national
Prov ided howev er, That no other crime was boundaries, or impacts upon the world as a
committed by the person arrested) whole, they can be termed "international
env ironmental crime”
INTELLECTUAL PROPERTY THEFT
The most common types of env ironmental crime fall under
Intellectual property theft is used interchangeably with these major categories:
intellectual property piracy which is the unauthorized
copying of goods, or works such as software, for resale by a. biodiv ersity;
way of profit or trade; the production and sale by way of b. natural resources-related crime;
trade of copies of goods which have been made without c. wastes;
the authority of the owner of the intellectual property; the d. banned substances;
facilitation of their production, and the distribution of such e. other env ironmental offences like biopiracy and
goods including importation and retailing; counterfeiting transport of controlled biological or genetically
or pirating of goods facilitated by use of the Internet or modified material; Illegal dumping of oil and
satellite technologies, or piracy or theft of information or other wastes in oceans; v iolations of potential
broadcasts, or unauthorized photocopying of books for trade restrictions under the 1998 Rotterdam
education purposes, or of unauthorized end-user piracy of Conv ention on the Prior Informed Consent
software beyond the purchaser’s license, or piracy of Procedure for Certain Hazardous Chemicals and
domain names or company names, or counterfeiting of Pesticides in International Trade; Trade in
currency; the unauthorized manufacture and distribution chemicals in contrav ention to the 2001
of copies of such goods and works which are intended to Stockholm; Conv ention on Persistent Organic
appear to be so similar to the original as to be passed off Pollutants; and fuel smuggling to av oid taxes or
as genuine examples. This includes use of famous brands future controls on carbon emissions.
on clothing not manufactured by or on behalf of the
owner of the trade mark, and exact copies of CDs ECONOMIC CRIME
containing any material or software, which are traded in a - referred to as commercial crimes and known also
form intended to be indistinguishable to ordinary as “white collar” crimes
consumers from the genuine product. Intellectual property - coined by Edwin Sutherland
right is “the legal ownership by a person or business of a - any act characterized by fraud, concealment, or
copyright, design, and patent, trade mark attached to a a v iolation of trust and are not dependent upon
particular product or process which protects the owner the application or threat of physical force or
against unauthorized copying or imitation. Such property v iolence
rights are an important element of product differentiation
and confer temporary monopoly advantages to suppliers” PIRACY AND ARMED ROBBERY AGAINST SHIPS
(Pass, Lowes and Dav ies 1993: 265). The term intellectual
property rights include copyright and related rights, Sea Piracy is described as
trademarks and serv ice marks, geographic indications, 1. an act of any person who, on the high seas, shall
industrial designs, patents, layout-designs. attack or seize a v essel or, not being a member
of its complement, nor a passenger, shall seize
Four categories of intellectual property according to the whole or part of the cargo of said v essel, its
Nicole Leeper Piquero equipment, or personal belonging of its
- Patents complement or passengers;
- Trademarks 2. any attack upon or seizure of any v essel, or the
- Trade secrets taking away of the whole or part thereof, or its
- Copyright cargo, equipment, or the personal belongings of
its complement or passengers, irrespectiv e of the
Republic Act No. 8293 v alue thereof, by means of v iolence against or
- approv ed on June 6, 1997 intimidation of persons or force upon things
- This Act shall take effect on 1 January committed by any person, including a passenger
1998. or member or complement of said v essel, in
- Intellectual Property Code of the Philippines. Philippine waters, and
3. any person who knowingly and in any manner
RA 10088 aids or protects pirates, such as giv ing them
- known as the "Anti-Camcording Act of 2010 information about the mov ements of the police
- Approv ed on May 13, 2010 or other peace officers of the gov ernment, or
acquires or receiv es property taken by such
DRUG TRAFFICKING pirates, or any person who abets the commission
of the piracy.
The Drug Trade - From the farmers to the producers, the
smugglers, the street dealers, and the users, the drug trade The definition of piracy is contained in article 101 of the
is deeply rooted in the global economy. It is protected 1982 United Nations Conventions on the Sea (UNCLOS)
and ov erseen by powerful groups known as drug cartels “ Piracy consist of any of the following acts:
that make huge profits from this multibillion-dollar industry. a. any illegal acts of v iolence or detention, or
any act of depredation, committed for priv ate
What is drug trafficking? ends by the crew or the passengers of a priv ate
- another term for dug trade ship or a priv ate aircraft and directed:

Compendium of Crime Detection and Investigation (CDI)


a. on the high seas, against
another ship or aircraft, or
against persons or property on
board of such ship or aircraft.
b. against a ship, aircraft, person
or property in a place outside
the jurisdiction of any State.
b. Any act of v oluntary participation in the
operation of a ship or an aircraft with knowledge
of facts making it a pirate ship or aicraft;
c. Any act inciting or of intentionally facilitating
an act describe in sub-paragraph (a) or (b)

SMUGGLING OF CULTURAL PROPERTIES

Smuggling of Cultural Property refers to the act of any


person who, through the use of any fraudulent
machinations, shall import or bring into, or export from,
transfer from, the Philippines, or assist in so doing, any
cultural properties.

Cultural properties are old buildings, monuments, shrines,


documents, and objects which may be classified as
antiques, relics, or artifacts, landmarks, anthropological
and historical sites, and specimens of natural history which
are of cultural, historical, anthropological or scientific
v alue and significance to the nation; such as physical,
anthropological, archaeological and ethnographic
materials, meteorites and tektites;
historical objects and manuscripts; household and
agricultural implements; decorativ e articles or personal
adornment; works of art such as paintings, sculptures,
carv ings, jewelry, music, architecture, sketches, drawings,
or illustrations in part or in whole; works of industrial and
commercial art such as furniture, pottery, ceramics,
wrought iron, gold, bronze, silv er, wood or other heraldic
items, metals, coins, medals, badges, insignias, coat of
arms, crests, flags, arms and armor, v ehicles or ships or
boats in part or in whole.

Compendium of Crime Detection and Investigation (CDI)

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