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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
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.
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
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
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
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.
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
“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.
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.
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
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
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
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.
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
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).
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
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
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
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.