Vous êtes sur la page 1sur 73

WWW.RKMFILES.

NET
CONSOLIDATED REVIEW NOTES IN CRIMINAL DETECTION AND INVESTIGATION
BY: ROMMEL K. MANWONG, MPA, MSCRIM, DPA (CST, CSP)

FUNDAMENTALS OF CRIMINAL INVESTIGATION

BASIC CONCEPTS

Criminal Investigation- is an art that deals with the identity and location of the offender and prove his guilt in a criminal proceeding.

Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The logic of scientific method must however, be
supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be regarded by scientific, operating
framework that requires improvising on the part of the investigator.

Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on adequate professional preparation
and abundance of certain qualities

Investigator- is the person who is charged with the duty of carrying out the objectives of criminal investigation. He is an individual who gathers
documents and evaluates facts about crime

Special Crime Investigation- deals with the study of major crimes based on the application of special investigative techniques. It is also the study
concentrates more on physical evidence; it’s collection, handling, identification and preservation in coordination with the various criminalists in the
crime laboratory. Special crime investigation involves close relationship between the investigator in the field and the investigator in the laboratory-
the Criminalist.

Job/Duty of Criminal Investigator

1. Establish that, in fact, a crime was committed under the law.


2. Identify and apprehend the suspect.
3. To recover stolen property.
4. To assist the state in prosecuting the party charged with the offense.
5. After determining what specific offense has been committed, he must discover how, when, where, why, what offense was committed.

Methods of Identifications of Criminals

Criminal are identified thru Confession and Admission, Statement of witnesses, Circumstantial Evidence, Associative Evidence

A. Confession- this is an expressed acknowledgement by the accused in criminal cases of the truth of his guilt as to the crime charged or of some
of the essential part there of. There is no implied confession for it is positive and direct acknowledgement of guilt. It is the best means of identifying
criminal. It must be in writing, must be freely and voluntarily made.

Voluntarily – means that the accused speak of his free will and accord, without inducement of any kind and with the full and complete knowledge of
the nature and consequences of the confession.

Freely- when the speaking is so free from the influence affecting the will of the accused at the same time the confession was made.

Requirement for confession as proof of guilt

1. Other corroborative evidence must support it.


2. Corpus delicti- must be established separately (the actual commission of the crime charged. It refers to a particular crime and signifies that
specific offense had been actually committed by someone being composed of two elements: that certain results were produced, that someone
is criminally responsible
3. Confession must be made voluntarily.

1|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net


B. By EYE-WITNESS TESTIMONY- description made by eyewitness

Value of identification by eyewitness testimony depends on the following: (credibility-bringing honor)

1. the ability of the eyewitness testimony to observe and remember the relative “distinctiveness” of the accused appearance
2. The prevailing conditions, visibility and observation
3. The lapse of time between the criminal event and identification

Methods of Identification made by eyewitness

1. Verbal Description- portrait parley vividly describing in words the appearance of a person by comparing and thru personal appearance.
2. Photographic files (rogues gallery)
3. General photograph- files of photograph in any given establishment.
4. Artist Assistance or composite sketches- drawing or sketching the description of a person’s face by the cartographer
5. Police line-up- selecting the suspect from a group of innocent persons to eliminate the power of suggestions as factor of identification

Cartography- the art of sketching the image of a person or the art of making map

Bases of the eyewitness in the identification of criminal

1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth, lips, teeth, chin, jaw, etc.
2. Neck- shape, length, Adam’s apple
3. Shoulder- width and shape
4. Waist- size, shape of the abdomen
5. Hands- length, size, hair, condition of the palms
6. Fingers- length, thickness, stains, shape of nails and condition
7. Any deformities (cross eyed, limping and etc.)
8. Teeth-
9. Gait

Bases of Physical Description of Physical Appearance

1. Mug Shot
2. Artist Drawing
3. Composite Sketches
4. Verbal description or Portrait Parley

HISTORICAL FEATURES IN CRIMINAL INVESTIGATION

The art and science of Criminal Investigation that exist today is the result of countless development since policing was conceived and then
institutionalized. The following is just a brief account of some of the major milestone in the history of Criminal Investigation.

WORLDWIDE DEVELOPMENT

1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a brothel operator; a master criminal who became London’s most effective
criminal investigator. He was the most famous THIEF-CATCHER in 1720s. His methods or techniques made popular the logic of EMPLOYING A
THIEF TO CATCH A THIEF. He conceived the idea of charging a fee for locating and returning stolen property to its rightful owners.

1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel entitled “Tom Jones” and was appointed as magistrate (sheriff) for the
areas of Westminster and Middle Age, London. He was the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group
of police officers attached to the Bow Street Court, and not in uniform, performing criminal investigative functions.

1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding who took over the control of Bow Street Court in 1753. His
investigators were then called Bow Street Runners and became quite effective because of his personal guidance despite the fact that he was blind.
He introduced the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs.

2|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net


1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER SERVICE. This is the first organized federal law
enforcement and investigative effort made by the US government.

1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the unique idea of creating sizeable uniformed force to
police the city of London in order to remedy the public outcry concerning the alarming increase of criminality during the early 1800s. His proposal
was considered too radical and was dismissed by the Royal Court.

1811, FRANCE: - EUGENE ‘Francois” VIDOCQ He was a criminal who turned Paris Investigator. He is a former convict who became a notorious
thief-catcher in France. He is credited as the founder of LA SURETE, France’s national detective organization. He made popular the concept of “SET
A THIEF TO CATCH A THIEF”. He introduced the concept of ‘TRADE PROTECTION SOCIETY’, which is a forerunner of our present-day credit card
system. For a fee, any owner of a shop or business establishment could obtain particulars concerning the financial solvency of new customers. He
created a squad of ex-convicts to aid the Paris police in crime investigation.

1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London Metropolitan Police – the SCOTLAND YARD. He reiterated
the idea of creating sizeable police force in his recommendations, which lead to the passage of the Metropolitan Police Act. This act had a
tremendous impact on the history of criminal justice in general, and on the development of criminal investigation specifically. He introduced the
techniques of detecting crimes such as: detectives concealing themselves, and secretly photographing and recording conversations.

1833, ENGLAND: The Scotland Yard employed the first undercover officer while in

USA: First daytime paid police department was established in Philadelphia, USA.

1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative authority, the forerunner of the
Federal Bureau of Investigation.

1839: - The birth year of Photography. WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to the Royal Society
of London.

JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery - a photographic process he developed in
collaboration with NICEPHORE NIEPCE.
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal Investigation Division of Scotland Yard.

1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first time.

1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to the English language.

1852, USA: - ALLAN PINKERTON - America’s most famous private investigator and founder of Criminal Investigation in USA. He established the
practice of handwriting examination in American courts and promoted a plan to centralize criminal identification records.

1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation, hired by the Pinkerton Agency.

1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when they are relevant and properly verified.

1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war America.

1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the MODUS OPERANDI FILE.

1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the first bank hold-up which mark the beginning of the gang’s 15-year hold-up and
robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings Association was their first victim and their
take was $ 60,000.00.

1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland Yard.

1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and established the first systematic identification system based
on ANTHROPOMETRICAL SIGNALMENT (or Anthropometry) he is considered as the FOUNDER OF CRIMINAL IDENTIFICATION.

1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal Identification Bureau.

3|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net


1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by creating the fictional detective SHERLOCK HOLMES
and his friend Dr. WATSON. Holmes was featured in 6 short stories and 4 novels.

1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying fingerprints. While other scientists were studying
fingerprints in their biological nature, Galton recognized their uniqueness and potentiality/significance in criminal identification.

1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining Magistrates in Munich, Germany and advocated the
use of scientific methods in criminal investigation process.

1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal investigation. This is known as TEAM POLICING. In team
policing, there is no patrol division or criminal investigation per se. In this system, a team of police officers is assigned to patrol and investigate all
criminal matters within their area of jurisdiction or district. Team policing required that police officers who respond to a call regarding a criminal case
should investigate the case to its conclusion.

1954,USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of Criminalistics as the University of California, USA.

1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained evidence is inadmissible in state criminal prosecutions.

1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance Administration – LEAA) was established to fund
and coordinate administration, research and training in criminal justice.

1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US Supreme Court established procedural guidelines for taking criminal confessions.

DEVELOPMENT IN THE PHILIPPINE SETTING

1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the purpose of carrying out the policies or regulations of the Spanish
government. The members were armed and considered as the mounted police. Later, they discharge the duties of a part, harbor, and a river police.

1836. GUARDRILLEROS: A body of rural police organized in each town, which was established by the Royal Decree of January 8, 1836. This police
force was composed of 5% of the able-bodied inhabitants in each town or province, and each member will serve for at least 3 years.

1852. GUARDIA CIVIL: An organization created by the Royal Decree issued by the Spanish Crown Government on February 12, 1852. It relieved
the Spanish Peninsular Troops of their works in policing towns. It consisted of a body of Filipino policemen organized originally in each of the
provincial capitals of the Central provinces of Luzon under the command of Alcalde (Governor).

NOV. 30, 1980. INSULAR POLICE FORCE: Established during the Filipino-American War (1898-1901) upon the recommendation of the American
Commission to the Secretary of War.

JULY 18, 1901. ACT # 175: The act establishing the Insular Police Force which was titled as “AN ACT PROVIDING FOR THE ORGANIZATION
AND GOVERNMENT OF AN INSULAR CONSTABULARY”. The organic act creating the Philippine Constabulary.

OCT. 3, 1901. ACT # 255: The law which established the Philippine Constabulary

REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine Constabulary is a national Police Institution for
preserving the peace, keeping the order and enforcing the law.

SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. Teudolo Natividad): The law otherwise known as the POLICE ACT OF 1966, It created the
Office of the Police Commission which was later called National Police Commission (NAPOLCOM). In its inception, the Police Commission was
under the Office of the President. It was created as the supervisory agency to oversee the training and professionalization of the local police forces.
Through this law, reformation and professionalization of the police service gained official recognition.

AUG. 8, 1975. PD#765: The law which stipulated that the office of the NAPOLCOM was under the office of the Ministry of the National Defense. It
defined also the relationship between the Integrated National Police and the Philippine Constabulary. This is in compliance with the provisions of
Section 12, Article 15 of the 1973 Philippine Constitution.

4|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net


1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law provides that:” In all criminal prosecutors, the accused shall…. Enjoy the
right to be heard by himself and counsel……”. Criminal prosecution was however interpreted by the court in US vs. Beechman (25 Phil 25,1972) to
mean the proceeding at the trial court from arraignment to rendition of judgment.

1973 PHILIPPINE CONSTITUTION, Article III, Section 20

“No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have
the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation nor any means, which vitiate the
free will, shall be used against him. Any confession obtained in the violation of this section shall be inadmissible as evidence.

The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the
individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the consequences of forgetting it. (People
vs. Duero, 104 SCRA 379, 1981)

1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538)

The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called have to be made so that a confession can be
admitted. Therefore, while upon police custody for investigation, the accused must be appraised of his:
1. Right to remain silent with explanation that anything that he might say maybe used against him in the court of the law;
2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend present while he is being questioned; and
3. Right to the appointment of a lawyer if he cannot afford one.

1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) - The right to a counsel maybe waived but the waiver, to be valid, must be made with
assistance of a counsel.

1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - “Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have a competent and independent counsel preferably of his own choice. If the person cannot
afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a counsel.

Article XVI, Section 5(4) - “No member of the armed forces in the active services shall, at any time, be appointed for designated in any capacity to a
civilian position in the Government including government owned or controlled corporation, or any of their subsidiaries.”

Article XVI, Section 6 - “The State establish and maintain one police force, which shall be national in scope and civilian in character, to be
administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be
provided by law.”

1990, RA 6975 - DILG ACT, Philippine National Police (PNP) together with BFP and BJMP organization

1998, RA 8551 – PNP Reform and Reorganization Act

GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION

In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: what specific
offense has been committed; how the offense was committed; who committed it; where the offense was committed; when it was committed; and
why it was committed.

The Phases of Criminal Investigation

a) Preliminary Investigation - identify the criminal through confession; eyewitness testimony; circumstantial evidence; and associate evidence
b) Follow Up Investigation - trace and locate the criminal; and
c) Final Investigation - proved by evidence the guilt of the suspect/s.

In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the defendant must be identified and
associated with the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately
identified. The proof of guilt will depend on the establishment of the essential elements of the crime. The investigator must know by heart the
elements of a specific crime.

Tools of an Investigator in Gathering Facts


5|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net
a) Information – Data gathered by an investigator from other persons including the victim himself and from Public records; Private records;
and Modus Operandi file.
b) Interrogation and Interview – Questioning of witnesses, suspects, and offended parties.
c) Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting
crime.

INTERROGATION IN GENERAL

1. Interrogation Defined. An interrogation is the questioning of a person suspected of having committed an offense or of a person who is
reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

2. Purpose of Interrogation

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


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

3. Preliminary Conduct. – The interrogator should identify himself a t the outset and state in general the purpose of the interrogation. He must
advise the suspect of his rights against self-incrimination and inform him that he does not have to answer questions and that, if he does answer,
these answers can be used as evidence against him. he must inform the suspect of his right to counsel and that a state appointed counsel will
be made available without cost to him if he so desires. No questioning of the suspect unless the latter has definitely waived his right to be silent.
Ordinarily the investigator should be alone with the suspect and, of course, the latter’s lawyer, if he has requested counsel.

4. The Interrogation Room – The room should provide freedom from distractions. If should be designed simply to enhance the concentration of
both the interrogation and the subject on the matter under questioning.

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

1. Types of Offenders and Approaches to be used in Dealing With Them:


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

2. Interrogation of Suspect Whose Guilt is Definite or Reasonably Certain


a) Maintain an attitude that shows that you are sure of yourself when you conclude that the subject is indeed guilty.
(i) Don’t be very friendly with the subject and do not offer a handshake.

6|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net


(ii) At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates innocence. But if he remains calm, you can
generally conclude that your suspicion of guilt confirmed.
(iii) Interruption of questioning by the subject may indicate innocence. Silence is equated is equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why he committed the act,.
(vi) When interrogating a “big shot,” it may be useful to lower his status by addressing him by his first name, instead of using a title of
respect.
(vii) Remember that one who is trained in criminal interrogation is easier to question than an ordinary criminal since he ahs less
confidence in himself as a liar.
b) The subject should be made aware of the fact that the interrogator knows information indicating his guilt and that the interrogator is not
merely “fishing” for evidence.
c) Let the subject know that he is showing signs of deception, some of which are:
(i) Pulsation of the carotid (neck) artery
(ii) Excessive activity of the Adam’s apple
(iii) Avoiding the eyes of the interrogator, swinging one leg over the other foot wiggling, wringing of the hands, tapping of fingers, picking
fingernails, etc.
(iv) Dryness of the mouth
(v) Swearing to the truthfulness of assertions. Guilty subjects to strengthen their assertions of innocence frequently use this.
(vi) “Spotless Past Record” – “Religious Man.” These are asserted to support statements, which the subject knows, and realizes the
interrogator knows, to be false.
(vii) A “Not That I Remember” or “As Far As I Know” expression should be treated as a veiled admission or half-truth.
d) Sympathize with the subject by telling him that anyone else under similar conditions or circumstances might have done the same thing.
e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
f) In order to secure the initial admission of guilt, the interrogator should suggest possible reasons, motives or excuses to the subject.
g) Sympathize with the subject by:
(i) Condemning his victim. During the questioning, the interrogator should develop the notion that the initial blame, or at least some the
blame, for the crime rests upon the victim.
(ii) Condemning the subject’s accomplice. But the interrogator must be cautious so that the subject as leniency or exculpation from
liability does not misinterpret his comments.
(iii) Condemning anyone else upon whom some degree of moral responsibility might be placed for the commission of the crime.
h) In encouraging the subject tot ell the truth display some understanding and sympathy.
(i) Show sympathy through a pat on the shoulder (usually reserved for men who are either younger that or of the same age as the
interrogator, or emotional offenders), or gripping the subject’s hand. Care must be taken with female offenders, who might consider
any physical contact with the interrogator as a sexual advance.
(ii) Tell the subject that even if he was your own brother (or any other close relative), you would still advise him to speak the truth.
(iii) Convince the subject tot ell the truth for his own moral or mental well being
(iv) The “friendly-unfriendly” act. This is much like the Mutt and Jeff system discussed earlier. The only difference is that this act seems
more effective if done by a single interrogator playing both roles.
i) Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate the nature and seriousness of the offense itself.
j) Early in the interrogation, have the subject situate himself at the scene of the crime or in some sort of contact with the victim or the
occurrence.
k) Seek an admission of lying about some incidental aspect of the occurrence by achieving this, the subject loses a great deal of ground,
bringing him nearer to the confession stage, because he can always be reminded by the interrogator that he has not been telling the truth.
l) Appeal to the subject’s pride well-selected flattery or by a challenge to his honor. Flattery is especially effective on women subjects.
m) Point out the uselessness of lying.
n) Point out to the subject the grave consequences and futility of a continuation of his criminal behavior.
o) Rather than seek a general admission of guilt, first ask the subject a question regarding some detail of the offense, or inquire as to the
reason for its commission.
p) When co-offenders are being interrogated and the previously described techniques have been ineffective, play one against the other. This
is effective because when two or more persons have collaborated in the commission of a criminal offense and are later apprehended for
questioning, there is usually a constant fear on the part of each participant that one of them will “talk,” in exchange for some leniency or
clemency.

3. Interrogation of Suspect Whose Guilt is Uncertain

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


b) Ask the subject to relate all he knows about the crime, the victim, and possible suspects.
c) Obtain from the subject detailed information about his activities before, during and after the occurrence under investigation. This is a good
method of testing the validity of the subject’s alibi.
7|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net
d) Where certain facts suggestive of the subject’s guilt are known, ask him about them rather casually and as though the real facts were not
already known, to give the subject an opportunity to lie. His answer will furnish a very good indication of his possible guilt or innocence,
and if he is guilty, his position becomes very vulnerable when confronted with the facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent questions in a manner, which implies that the correct answers, are already known.
f) Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain it; if he does, that is an
indication of guilt.
g) Ask the subject whether he ever thought about committing the offense or one similar to it. If the subject admits he had thought about
committing it, this fact is suggestive of his guilt.
h) In theft cases, if the suspect offers to make restitution, that fact is indicative of guilt.
i) Ask the subject whether he is willing to take a lie-detector test. the innocent person will almost always immediately agree to take practically
any test to prove his innocence, whereas the guilty person is more prone to refuse to take the test or to find excuses for not taking it, or for
backing out of his commitment to take it.
j) A subject who tells the interrogator, “All right, I’ll tell you what you want, but I didn’t do it,” is, in all probability, guilty.

4. General Suggestions Regarding the Interrogation of Criminal Suspects

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

5. Interrogation Witnesses and Other Prospective Informants:

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

A. DEVELOPMENT AND CONTROL OF INFORMANTS

1. Confidential Informant Defined – a confidential informant is an individual who supplies information on a confidential basis with the
understanding that his identity will not be made known.
a) Scientific approach in criminal investigation can assist law enforcers immeasurably, but there is always that one case wherein the crime
laboratory cannot help. This is the reason why investigators must to know the man on the street, then man who can supply information.
b) Law enforcers must develop confidential informants everyday.

2. Need for Informants


a) Informants increase accomplishment in all areas of investigation.
b) Without confidential informants, the officer’s source of information is limited to what he gets through formal interview.
c) Informants enable law enforcers to infiltrate the criminal element and help lower criminal morale. Advance information improves crime
prevention and enables the police to find out the identity of transient hoodlums.
d) Informants are an investigative “short cut’ to solve cases, to recover stolen property, and to make apprehensions.

3. Where to Find Criminal Informants and Whom to Develop


a) Legitimate persons and criminals
(i) Hoodlums, criminals, fences, bookies, barbers, bartenders, poolroom and dancehall operators, prostitutes, madams, pawnbrokers,
cab drivers, bell hops, service station attendants, waitresses and others. A class in themselves is persons who had been accused or
suspected of a crime.
(ii) Persons engaged in certain occupations should be considered.

4. How to Develop Confidential Informants


a) Constant need.
(i) No matter what our scientific development might be, there will always come that time when we will need informants.
8|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net
(ii) Development of confidential informants should therefore be a continuous process.
b) Evaluation of the individual being considered as possible informant:
(i) Does he have access to information?
(ii) Can he develop the trust of his associates?
(iii) Intelligence and physical courage
(iv) His criminal record and background
(v) His pattern of behavior

c) Basic considerations.
(i) Contact must be made in a neutral place. The officer making the contact should not be in uniform or in police vehicles. Contact should
be made in such a manner that the informant’s association with the law enforcement agency would not be disclosed. Get the informer
away from his local habitat to a place where he is not known. Call him by phone and let him set the time and place.
(ii) Plan the interview as to the type of “approach.”
[1] Return of favor. – Even small favors can help a lot in developing informants. These may be extended in various ways.
[2] Monetary consideration – There may be ties when an officer has to pay for information. one must make sure he gets his money’s
worth. Do not overpay or you will have a professional informant.
[3] Appeal to prospect’s ego. – Men on the beat (patrolmen/investigators) have a good opportunity of developing informants.
[4] Development of “friendship” helps because the informant respects the officer. – This is accomplished by friendly acts of the officer
to the possible informant himself or his relatives.
[5] Involvement in illegal activity – The illegal activity serves as pressure on the possible informant. The attitude toward him, though,
should be “Put up or get out”.
[6] Fear motive. – This is fear of the police or of his associates
[7] Revenge motive
[8] Perverse motives – To eliminate competition, for example.
[9] Bad publicity – Especially applicable to businessmen
(iii) Officer’ Ability.
[1] Develop an informant to the point that he really respects you. - Do not call hour informant a “stool pigeon” or a “stoolie” when talking
to him.
[2] Secrecy in contacts cannot be over-emphasized. It helps maintain the confidence of the informant. You may use fictitious names
over the phone. Contact should be discreet and the meeting place frequently changed.
[3] The informant may expect a few favors in return. – Make him understand that you association with him does not give him the
license to operate illegally. You must have him understand also that he is not an employee of the police even though he is being
paid for the information. It may be necessary to hold something over his head.
- Be sure that your informant does not brag about his association with you
- Make sure he is giving you good information. test him with facts you know.
- Do not allow yourself to be interviewed by an informant.
Give him the facts he needs to know, and nothing more.

5. Use of Informants
a) Maximum benefit. – The confidential informant should be used for the maximum benefit of the entire organization, not of only one (1)
officer/investigator.
b) A designated executive should be aware of the identity of the informant. – At least two (2) individuals in the law enforcement agency
should know the identity of a confidential informant. This gives him the feeling that he is really cooperating with the police. It is also
possible that something might happen to you, which would mean the loss of the informant to the entire police force. Besides the officer who
developed the informant, it is suggested that the other be a rank-officer to give the informant a feeling of importance.
c) Consider a program within your respective commands for the development of informants.
(i) Keep records as to the ability of your men to develop informants.
(ii) Keep records as to the accomplishments of each of the informants. This should tell you who among the informants should be
discarded.
(iii) Keep records as to fugitives apprehended, loot recovered and cases given to you.
(iv) Maintain a tickler system to review your informant’s contribution to your command.

PROCEDURE AT THE CRIME SCENE

Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting direction of
wind and visibility
b. Secure the crime scene by installing the crime scene tape or rope (police line)
9|D r . R o m m e l K. Manwong Lecture Series/2014 www.rkmfiles.net
c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is still alive or already dead. If
the victim is alive the investigator should exert effort to gather information from the victim himself regarding the circumstances of the crime,
while a member of the team or someone must call an ambulance from the nearest hospital. After the victim is remove and brought to the
hospital for medical attention, measure, sketch, and photograph. Only a coronal or a medical examiner shall remove the dead body unless
unusual circumstances justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene, and permit
only those authorized person to enter the same.
e. Identify and retain for questioning the person who firs notified the police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he still in the vicinity.
g. Separate the witnesses in order to get independent statements.

Recording - As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and
photographs, with proper measurements.

Searching for Evidence

a) A general survey of the scene is always made, however, to the location of obvious traces of action, the probable entry and exit points used
by the offender(s) and the size and shape of the area involved.
b) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value.
c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the strip on his
left he faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be immediate scene of the incident or crime. For example, evidence
may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere within a square-mile area near
the scene.
e) After completing the search of the scene, the investigator examined the object or person actually attacked by the offender.

Methods of Crime Scene Search

A. Strip Search Method In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B, and C proceed
slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his
discovery and the search must stop until the evidence has been cared for. A photographer is called, if necessary. The evidence is collected
and tagged and the search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed along new lanes.
B. The double strip or grid method of search is a modification of the Strip Search Method. Here, the rectangle is traversed first parallel to
the base then parallel to a side.
C. Spiral Search Method - In this method, the three searchers follow each other along the path of a spiral, beginning on the outside and
spiraling in toward the center.
D. Zone Search Method - In this method of search, the area is considered to be approximately circular. The searchers gather at the center
and proceed outward along radii or spokes. The procedure should be repeated several times depending on the size of the circle and
number of searchers. One shortcoming of this method is the great increase in the area to be observed as the searcher departs from the
center.

Collecting Evidence. This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should
be collected as they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at
the Philippine National Police Crime Laboratory (PNP-CL). A corresponding report to the Firearms and Explosive Office (FEO) must be made for
verification purposes. In the collection, the investigator should touch the evidence only when necessary.

Removal of Evidence. The investigator places his initials, the date and the time of discovery on each item of evidence and the time discovery on
each item of evidence for proper identification. Items that could not be marked should be placed in a suitable container and sealed.

Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian.

Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence, individually and collectively.

Preservation of Evidence. It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical evidence in the
state in which it was recovered/obtained until it is released to the evidence custodian.

Releasing the Scene. The scene is not releases until all processing has been completed. The release should be effected at the earliest practicable
time, particularly when an activity has been closed or its operations curtailed.

10 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Sketching Crime Scenes.

Pointers to Consider:
a) To establish admissibility, the investigator must have had personal observation o the data in question. In other words, the sketch must be
sponsored or verified.
b) REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation drawing; Exploded view; and Perspective drawings.
d) Write down all measurements.
e) Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.
f) Keep the rough sketch even when you have completed the final sketch.
g) Indicate ht North direction with an arrow.
h) Draw the final sketch to scale.
i) Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY – capital letters of the alphabet for listing down more or
less normal part sof accessories of the place, and numbers for items of evidence
j) Indicate the position, location and relationship of objects.
k) Methods or systems of locating points (objects) on sketch
 Rectangular coordinates. (Measurements at right angels from each of two walls)
 Coordinates constructed on transecting base line. Choose relatively fixed points for your baseline.
 Triangulation. (Measurements made from each of two fixed objects to the pint you want to plot or locate so as to form an imaginary
triangle. Sketch will show as many imaginary triangles as there as object plotted).
l) Two (2) investigators should check critical measurements, such as skid marks.
m) Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch.
n) Use standard symbols in the sketch.
o) Show which way doors swing,
p) Show with arrow the direction of stairways.
q) Recheck the sketch for clarity, accuracy, scale, and title key.

GENERAL TYPE OF SKETCH

Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate

Finished Sketch- for courtroom presentation, scale and proportion are strictly observed.

Kinds of Sketch

1. Sketch of locality gives a picture of the crime scene in relation to its environs including neighboring buildings, roads, etc.

2. Sketch of grounds includes the crime scene and its nearest environment, ex a house w/ a garden

3. Sketch of details describes the immediate crime scene only.

SCENE OF CRIME OPERATION (SOCO)

Composition of SOCO Team

The SOCO team is composed of but not limited to the following depending on the nature of the case:
1. Team Leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Sketcher and Evidence Recorder
5. Evidence Recorder
6. Evidence Recovery Personnel
7. Driver/Security

Equipment

1. Basic Equipment - Crime Scene tape or Rope (Police Line), Measuring device e.g. ruler and measuring tape, Recording materials e.g.
chalk, sketcher and paper pad, Camera with film, Video camera or tape recorder, Evidence collection kit, Flashlight

11 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


2. Evidence Containers - String tags-large and small, Evidence tape or masking tape, Roll of manila paper for wrapping, Plastic gallon, ½ pint
bottles/vials-plastic and glass, ¼ pint bottles/vials-plastic glass, Absorbent cottons, Rolls of fingerprint tape, Plastic bags-different sizes,
Paper bags-different sizes

3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Adjustable wrench, Pliers, Wire cutter, Complete screw driver set, Saw,
Hammer, Ax of hatchet, Shovel, Fingerprint magnifier, Nylon brush, Magnet, Spatula, Box of plaster of Paris for casting or lifting foot
marks, Goggles, Sifting screen, Funnels of different sizes, Ladder, Hand lens of magnifier, Weighting scale, Vernier caliper and
micrometer, Scalpels

4. Evidence Gathering Equipment - Rubber glove and cotton, Box or filter, White cotton sheet, Cotton balls and swabs, Fingerprint car, data
card and ink cards, Photo data card, Black and white latent print lifting cards, Rolls of lifting card, Complete magna brush kit, Complete
dusting kit, Heavy duty rubber lifters, Camera whit no wide angel, normal and macro lens, Arson kit, Casting and molding kit, Electric
engraver

5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-different color, Chalks, Permanent flat marker, Eraser, Stapler with extra
staple, Assorted paper clip and binders, Notebooks, paper pads, sketch pads and drawing pads, Drawing compass, Clippers, Magnetic
directional compass, Carbon papers and coupon bonds.

INTERVIEW IN GENERAL

Interview Defined. - An interview is the questioning of a person believed to possess knowledge that is in official interest to the investigator.

Importance of Interview. - Interview in crime investigation is very important considering that the person interviewed usually gives his account of an
incident under investigation or offers information concerning a person being investigated in his own manner and words.

Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people
will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art:

The Person Interviewed (Consider the following)


a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.

The Interviewer’s Personal Traits

a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people.
c) He is clam, has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a person must be treated according to humanitarian
and legal precepts.
l) he keeps the rules of evidence in mind.

SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION

The scientific tools a criminal investigator can use are:

a. Fingerprinting (Dactyloscopy)
b. Photography
c. Forensic Chemistry
12 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
d. Medico-legal
e. Forensic Ballistics
f. Questioned documents examination
g. Polygraphy
h. DNA Analysis

DNA: THE LATEST SCIENTIFIC TOOL

Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a chemical substance found in all cells of living


organism whose composition have been passed on from parents to offsprings. It is called as the genetic or hereditary
material. A person’s DNA is the SAME in every cell. It is contained in blood, semen, skin cells, tissue, organs, muscle,
brain cells, bone, teeth, hair, saliva etc.

Chemically, it is an acid and is composed of three sub-units, namely:

1. the phosphate group


2. a deoxyribose sugar, and
3. one of the four bases – Adenine (A), Thymine (T), Cytosine (C) and Guanine (G)

FROM THE WHOLE TO THE (MICROSCOPIC) PARTS

The There Each One The Genes are


human is a nucleus chromosome chromosomes segments
body nucleus contains 46 of every are filled of DNA
contains inside chromosomes pair with that contain
100 each arranged is from tightly instructions
trillion human in 23 each coiled to make
cells cell pairs parent strands proteins
of the building
DNA blocks of life

BIOLOGICAL EVIDENCE AMENABLE FOR DNA ANALYSIS

 blood and bloodstains


 semen and seminal stains
 hair with follicle/root
 saliva and buccal cells
 tissues and skin cells
 organs
 bone marrow and bones
 teeth

LINE UP OF CASES WHERE DNA ANALYSIS MAYBE USEFUL

13 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


 Sexual assault cases like RAPE
 Murder
 Homicide
 Robbery
 Hit and run
 Extortion
 Paternity cases
 Identification of remains in mass disaster

IDENTIFYING DNA EVIDENCE

EVIDENCE Possible location of Source of DNA


DNA on the evidence
baseball bat or similar weapon handle, end sweat, skin, blood, tissue

hat, bandanna, or mask inside sweat, hair, dandruff

eyeglasses nose or ear pieces, lens sweat, skin

facial tissue, cotton swab surface area mucus, blood, sweat, semen, earwax

dirty laundry surface area blood, sweat, semen

toothpick tips saliva

used cigarette cigarette butt saliva

stamp or envelope licked area saliva

tape or ligature inside/outside surface skin, sweat

bottle, can, or glass sides, mouthpiece saliva, sweat

used condom inside/outside surface semen, vaginal or rectal cells

blanket, pillow, sheet surface area sweat, hair, semen, urine, saliva

“through and through bullet outside surface blood,tissue

bite mark person’s skin or clothing saliva

fingernail, partial fingernail scrapings blood, sweat, tissue

HOW IS DNA TYPING DONE?

DNA typing or profiling is a procedure wherein DNA extracted from the evidentiary sample as well as from the reference biological samples
obtained from the victim and suspect are analyzed and processed to generate a particular pattern or profile for each samples. This profile is unique
for each person except from identical twins. The patterns are compared either with that of a known individual to determine a match, or a set of
possible relatives to determine consanguinity.

In individual identification, the pattern obtained from the evidentiary sample is compared with that of a suspect. If the patterns are different,
definitely it has not originated from the suspect. If it is SIMILAR, the probability that the evidentiary sample arose from the suspect and not from a
random individual in the population is calculated using a formula based on well-accepted concepts of statistical probabilities and population genetics.

14 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


In cases of determining consanguinity, DNA from the subject and his/her relatives are analyzed and compared. DNA fragments of an
individual are contributed by his/her father and mother. Identification of mass disaster victims are done in the same way, the DNA of unidentified
victim and relatives are analyzed and compared. In paternity cases, the DNA fragment contributed by the father should be observed in the alleged
father. Then, the probability that the alleged father is the father of the child is calculated as a ratio between that of the alleged father and any random
male in the population.

There are several types of DNA tests that can be performed. The NBI currently employs the PCR-based testing using the Short Tandem
Repeats (STR) systems like PE-ABI Profiler and Promega’s PowerPlex 16 and PowerPlex Y Systems of analysis.

STAGES OF DNA ANALYSIS

 EXTRACTION – to obtain the DNA material from the specimen. Two commonly used methods are Chelex, DNA IQ (rapid methods) and
organic extraction.

 QUANTITATION - to determine the amount of DNA material extracted from the sample. NBI make use of the QUANTIBLOT kit which is
human specific and highly sensitive up to picogram level.

 DNA AMPLIFICATION by PCR (Polymerase Chain Reaction)– to make many copies of specific DNA fragment. PCR is a synthesis
reaction that is repeated for a number of cycles and results in exponential accumulation of the specific DNA fragment. The thermal cycler
is the machine that does this PCR and is compared to a Xerox machine.

Admissibility of DNA evidence


Under the rules of evidence, expert opinion on specialized knowledge must be relevant to the question at issue; that is, it must assist the trier
of fact to understand the evidence or to determine a fact in issue. For instance, in the Daubert case earlier referred to, two minor children and their
parents sought to recover damages for birth defects which were allegedly caused by the mother’s prenatal ingestion of Bendectin, an anti-nausea
drug sold by the defendant pharmaceutical company. After discovery, the defendant moved for summary judgment, asserting that Bendectin does
not cause birth defects in humans.
Defendants submitted an opinion from a well-credential expert stating that his review of all of the literature on Bendectin revealed nothing to
indicate that the drug was capable of causing birth defects in humans. So the issue before the court was what standard would be used for admitting
expert scientific testimony in a trial before a federal court. The US Supreme Court held that the standard should be “If scientific, technical, or other
specialized knowledge will assist the trier of fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may
testify thereto in the form of an opinion or otherwise.” This is the standard laid down in Rule 702 of the Federal Rules of Evidence in the US. Our own
Rules of Court in the Philippines follows this standard with respect to the admission of opinion evidence.
In short, expert opinion based on the scientific method must be (1) relevant to the fact in issue, and (2) must be scientifically valid, as tested
by the four indicia noted above. Relevance requires a valid scientific connection to the pertinent area of inquiry so that it will be admitted as
evidence.
In the Philippines, the admissibility of DNA evidence was squarely raised in the celebrated case of People v. Hubert Webb, et. al. (Criminal
Case No. 95-404, Regional Trial Court, Branch 274, Parañaque City). This case involved a sinister plan to gang rape the teen-aged victim. The
accused, 7 of them, went to the house of the victims after midnight on June 29, 1991 and by a pre-arranged plan with the principal witness, three of
them entered the house. According to this witness, after three of the accused had entered the house, she too went inside and pushing a door leading
to one of the rooms, she saw two bloodied bodies on top of the bed, and on the floor she saw the first accused with bare buttocks on top of the rape
victim, pumping her. She also saw the second accused at the foot of the bed where the two bodies lay, which was about to wear his jacket. She saw
the rape victim moaning and in tears, and her mouth was gagged. It was further found by the trial court that when the first accused was raping the
victim, her seven year-old sister was awakened and, upon seeing her elder sister being raped, she jumped at the first accused, bit his shoulder,
grabbed his hair, and pulled down his leather jacket. The first accused became furious, grabbed the young girl, pulled her to the wall, and stabbed
her several times. The medico-legal officer of the NBI found that the mother of the rape victim was stabbed 12 times after having been hog-tied with
an electric cord like the younger daughter. The rape victim was found positive for spermatozoa in the genital area in the smear test conducted by the
NBI laboratory although it was noted that there were no injuries therein. At the time the cadaver of the rape victim was discovered, she was found
naked from the waist down; and it bore contusions on the left and right thighs, which meant that she had put up a severe resistance to an unwanted
sexual intercourse. The wounds on the younger sister also indicated that she was able to ward off her assailant.
It can be seen from this recitation of facts in the decision of the trial court that there were various sources of DNA evidence which could have
been presented by either the prosecution or the defense. Aside from the spermatozoa found on her genitalia by the NBI’s smear test, it was found
that the younger sister of the victim bit the shoulder of the first accused and grabbed his hair. So the police investigators could have examined her
teeth as well as the strands of hair of the accused to gather DNA evidence. Unfortunately, nothing of this sort was done by the police. As for the
sperm sample obtained by the NBI laboratory, the first accused wanted to present this as evidence for the defense at the trial, but the prosecution
objected on the ground that this has been degraded at the time of the trial, which was held from August, 1995 to February 1998. The trial court
15 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
sustained the objection of the prosecution, and the defense let it rest at that. Thus, the opportunity to use DNA evidence to conclusively prove the
guilt or the innocence of the accused was lost. This case has been appealed to the Supreme Court with both sides predicting victory. The defense of
the accused was alibi. While we all know that alibi is a weak defense, it must be noted that in this case, the first accused presented an array of
witnesses as well as documentary evidence to prove that he was in California at the time of the commission of the crime. The other accused also
depended on alibi for the defense. A total of 95 witnesses were presented by the accused to support their defense, while the prosecution presented
7 witnesses. The decision in this case is so controversial that the Supreme Court has decided to hear it en banc, as it has required the accused to
furnish 19 copies of their briefs (People v. Hubert Webb, G.R. No. 141859).

Admissibility of DNA evidence under Philippine Law


Under our laws, evidence is admissible when it is relevant to the fact in issue and is not excluded by the Rules (Rule 128, sec. 2, Rules of
Court). Under this test, evidence is relevant when it has such a relation to the fact in issue as to induce belief in its existence or non-existence.
Evidence, to be relevant, need not conclusively prove the ultimate fact in issue, but only have any tendency to make the evidence of any fact that is
of consequence to the determination of the point in issue more probable or less probable than it would be without the evidence. DNA evidence would
be invaluable as corroborative evidence without statistical backup if the accused has been identified by other proof. It would be proper to inform the
court that two DNA samples match or do not match. In the case of a match, this makes it probable that the DNA in the sample come from the same
person suspected as a perpetrator. It would be corroborative even without the statistical back up needed in the Frye test or under the Federal Rules
of Evidence. In case of a non-match, this may lead to the acquittal of a suspect. The probability under this form of presentation would be in an
amount that is not precisely known. This is because the only criterion we are using is that of relevancy.
Evidentiary facts are relevant in evidentiary rules where there is such a rational and logical connection between them and the matter in issue
that proof of the former logically tends to make the latter more probable or improbable – that is, where the fact offered in evidence has a legitimate
tendency to establish the truth concerning a controversial issue (Francisco, Revised Rules of Court (Evidence) 1964, p. 40, citing Jones on
Evidence, p. 240). Under our Rules, even collateral matters are allowed when they tend in any reasonable degree to establish the probability or
improbability of the fact in issue (Rule 128, sec. 4). With such liberal rules of evidence, there should not be any doubt as to the admissibility of DNA
profiles in our courts, even without the support of population genetic statistics.
Thus, in a prosecution for abusos deshonestos, our Supreme Court held that it was not error for the trial court to convict the defendant on the
basis of a finding of the Bureau of Science that the substance taken from the sex organ of the defendant showed that he was suffering from
gonorrhea, like the complaining witness who was infected with the disease as a result of the crime (U.S. v. Tan Teng, 23 Phil. 145 [1912)]). This
shows that even a mere finding from the government bureau which shows a match between the disease of the defendant and that of the complaining
witness can be considered relevant under our rules, as it tended to show the probability of the defendant’s physical contact with the complaining
witness.
Even in the United States under the Frye test, some courts have admitted DNA match profiles without the statistical back up. The
Pennsylvania Supreme Court held that “the factual evidence of the physical testing of the DNA samples and the matching alleles, even without the
statistical conclusions, tended to make the appellant’s presence more likely than it would have been without the evidence, and was therefore
relevant” (Commonwealth v. Crews, 640 A2d 395 [1994]).
Our rules of evidence are all based on probabilities. “The most that can be reached is a high probability that the fact in question is true,” says
Wharton, for “it is impossible even to expound the principles and method of induction, as applied to natural phenomena, in a sound manner, without
resting them upon the theory of probability” (Wharton, Criminal Evidence, cited in Francisco, id. at 48). “We have, therefore, to content ourselves with
partial knowledge – knowledge mingled with ignorance producing doubt. Even scientific conclusions cannot be demonstrated except so far as they
deal with abstrations” (ibid.).
“Probabilities have been with us for years, and a statement of a probability is, by its nature, a statement of partial knowledge, so it is
paradoxical to imply that in principle we cannot calculate the probability of an event without further empirical knowledge” (MacKnight,
“The Polymerase Chain Reaction (PCR): The Second Generation of DNA Analysis Method Takes the Stand”, 9 Santa Clara Computer
& High Tech. L.J. 287 (1993) at 328).
Of course, the loose relevancy in our rules does not augur well for the protection of the rights of the accused. Scientific evidence tends to
mystify even the hard-boiled judges who are ignorant of DNA technology. The scientific jargon may overwhelm them into admitting DNA evidence
and give these frill credence, unless the accused hires his own expert to challenge the findings. If the defense counsel fails to challenge the weight of
such evidence because of ignorance of the procedures for validation, cross-checking and re-testing, or if he fails to challenge the premise of the
expert witness, the accused would remain at the mercy of the prosecution expert. The relevancy standard in evidence implicitly relies on the
effectiveness of the adversarial system and on the right of cross-examination to protect the rights of the accused. Failure of the defense counsel to
question the findings of the prosecution expert will place the accused at the short end of due process. The defense counsel in a situation like this
should at least have an idea about laboratory testing and sampling procedures, population genetics, reliability of statistics, and laboratory error rates.
The accused should have the logistics to hire his own expert so that he can be placed on an even keel with the prosecution.
As for expert opinion on DNA profiles, our rules of evidence admit such opinion as long as the witness proves that he is an expert in a given
field. And he can do this by proving that he has knowledge, skill, experience, training, or education in any given field (Rule 130, sec. 49). Of course,

16 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


the difficult problem is that the presentation of DNA evidence requires different forms of expertise. The presenter may have to present a laboratory
technician, a molecular biologist, a population statistician, and a geneticist. This is because the laboratory technician may not be qualified to testify
on molecular biology, the biologist may not be able to testify on statistical probabilities on the frequency of a random match, and the statistician may
not be qualified to testify on population genetics. Thus, in Powell v. State (598 SW2d 829 (1994)), the defendant challenged the expertise of the
molecular biologist to testify on the probabilities of matching DNA patterns because he was not qualified as a population geneticist. (See also
Swanson v. State, 823 SW2d 812 [1992]). In State v. Lewis, (654 So2d 761 [1995]), the trial court denied expert status to a lab technician who
presented herself as an expert in molecular biology; the appellate court reversed because she belonged to invitational professional organizations,
received several academic awards, had written 14 articles on DNA analysis, and had been assistant director of a laboratory for more than one year.
The other problem here is that there are only a few experts in the pertinent fields. Experts in statistics, genetics, biology, organic and inorganic
chemistry, computers, laboratory testing and protocols, on human hair and sperm, blood and bloodstains, etc. would be needed in this kind of
inquiry. They are rare birds, especially here in the Philippines. They therefore do not come cheap, and engaging their services would add to the high
cost of DNA profiling and testing, which has been estimated to cost at least P30,000 at pre-devaluation rates. A poor defendant may not have access
to such experts. This raises constitutional issues of due process and violation of the rights of the accused. He may not get a fair trial if he cannot
engage the services of such an expert witness. Since most defendants in heinous crimes like rape and murder are generally poor, they would not
have the resources to pay for their own experts or to import them from abroad. This would result in a one-sided contest in our criminal justice system.

SPECIAL CRIMINAL INVESTIGATION

HOMICIDE AND MURDER INVESTIGATION

Homicide Investigation - It is the official inquiry made by the police on the facts and circumstances surrounding the death of the person
which is expected to be criminal or unlawful.

Homicide

Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal Code shall kill another without the attendance of
any of the circumstances enumerated in Article 248 (Murder) RPC, shall be deemed guilty of homicide.

The elements of homicide are:


(1) A killing exist
(2) The accused did the act without legal justification and with intent to kill
(3) The killing is neither murder, parricide nor infanticide.

Intent to kill is presumed if deaths results from the unjustified act. If death did not result from the act, intent to kill is essential to prove
attempted or frustrated homicide otherwise the crime may be physical injuries only.

Murder
Any person who, not falling within the provision of Article 246 (Parricide) of the RPC shall kill another, if committed with any of the following
attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means
or persons to insure or afford impurity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive fall
of an airship, by means of motor vehicles or with the use of any other means involving great waste and ruin.
4. An occasion of any of the calamities enumerated in the proceeding paragraph or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by (deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

The elements of murder are:


(1) A killing exists.
(2) The accused killed the deceased under any of the above circumstances qualifying the killing to murder.
(3) The killing does not constitute parricide or infanticide.

The circumstances that qualify the killing to murder must be alleged in the information as otherwise the killing may be considered as merely
homicide.
17 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Parricide

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his
spouse, shall be guilty of parricide.

The elements of parricide are:


(1) A person is killed by the accused.
(2) The person killed is the father, mother or child (not less than three days old), whether legitimate or illegitimate, or the ascendant or
descendant or the spouse of the accused.
The relationship with the other ascendant or descendant (grandfather or grandson) must be legitimate. The spouse killed must be legitimate
wife or husband. But the father, mother or child may be legitimate or illegitimate. If the child killed is less than three days old, the crime is
infanticide.

Responsibilities of a Homicide Investigator

1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s shoes, to produce his instincts against
those suspects. Consequently, the zeal, enthusiasm and intelligence the investigator brings in the case marks the difference between a
murderer being convicted or set free.
2. If the investigator interprets an accidental death as due to natural death and wisdom or the family may be deprived of benefits and other
properties which the deceased have sacrificed to obtain.
3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set scot free.

Note: Remember that the police is the first line of defense in the effective application of criminal justice.

A. The Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.


2. To discover how it was committed.
3. Who committed it and by whom it was committed.
4. When it was committed.
5. And under certain circumstances why it was committed.

B. Mistakes in Homicide Investigation

1. The mistakes of the homicide investigator can not be corrected.


2. The homicide investigator should not cross the three bridges, which he burns behind him. It is important that competent personnel adequately
handle the case.
The following are the three bridges:

A. The dead person has been moved.


It is therefore necessary that photographs be taken, measurements made, fingerprints taken and other necessary tasks to be first carried
out.
B. The second bridge is burned when the body is embalmed.
Embalming destroys traces of alcohol and several kinds of poison. If poisoning is suspected, the internal organs should be removed.
C. The third bridge is burned when the body is burned or cremated.
The exhume body is difficult and expensive. The lapse of time make s the examination doubtly difficult and a conclusion is hard to arrive at.
Cremation destroys body itself.

C. The Medico-Legal Autopsy


1. The real beginning of any homicide investigation should be to establish the cause of death accurately.
2. An autopsy should be performed at once when there is the slightest reason to suspect the probability of homicide.
3. In general, it maybe stated that death has been caused by violence, an autopsy is always performed unless there is adequate proof to the
contrary.

D. The Role of the Medico-Legal officer in Homicide Investigation


The determination of criminal responsibility in death has been developed into a specialized field of medical science called forensic
pathology. A pathologist can assist in homicide investigation by:
1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the autopsy.
18 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
2. Interpretation of findings based on medical facts.

Necropsy Report- It is a document stating the cause of death of the victim. This is the medico-legal report.

E. The Facts of Death


1. The first action of an investigator upon arriving at the crime scene of the homicide is the verification of death.
2. An individual is said to be dead in the medical sense when one of the three vital function is no longer performing within the body:
a. Respiratory system
b. Cardiac Activity
c. Central nervous system activity
3. In the legal sense, death is considered to occur when all of the three above vital functions have ceased.

F. Presumptive signs and Test of Death


1. The following are few of the signs indicative of death:
A. Cessation of breathing and respiratory movement
B. Cessation of heart sounds
C. Loss of placing of nail beds when pressure is applied in the fingernails is released.

Suspended Animation
1. Cardiac activity, breathing and functioning of the nervous system may reach such a low-level activity that a homicide investigator maybe
deceived into an assumption of death.
2. The following conditions produced simulated appearance of death:
1. electric shock
2. prolonged emersion
3. poisoning from narcotic drugs
4. barbiturate poisoning
5. certain mental diseases

The Importance of Establishing the Identification of Homicide Victims

The identification of the victim is an important investigative step for the following reasons:
1. It provides an important basis for the investigation processes since it may lead the investigator directly to other important information leading to
the solution of the crime.
2. The identity of the dead person provides the focal point/starting point for the investigators can then center their attention on associates and
haunts of the deceased.
3. The identity of the deceased may arouse suspicion in mysterious death since the victim maybe a person whose life had been threatened or
whose death was desired for criminal purposes.
4. The identification of the deceased can be traced or related to wanted persons or missing one.

Methods of Identification

a. DNA Analysis
b. Fingerprints - ingerprint identification is the most positive and quickest method of ascertaining identity. However the prints of the
deceased may not be on file or may not be obtainable because of trauma, mutilation, incineration or decomposition. The sole clue maybe
bone, a skull or a few teeth.
c. Skeletal Studies - Examination of the skeleton may provide a basis for identification because of individual peculiarities such as old
fractures and presence of metal pins. Bones may also provide information about age, sex, and race.
d. Visual Inspection - Someone knowing the deceased person may recognize the victim. However, trauma, incineration, or decomposition
may render the features unrecognizable. In addition, a visual inspection without further verification has the advantage of possible
subjective error or deliberate false identification. Visual inspection combined with fingerprint evidence is a favored method for rapid
identification.
e. Personal Effects - Identification of a victim by personal effects such as Jewelry, I.D. card, wallets, belts, shoes etc.
f. Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or other markings may be helpful in identification, particularly in
conjunction with other findings.
g. Dental Evidences (Forensic Odontology) - Identification based on the examination of teeth (teeth charts, fillings, inlays crowns,
bridgework, dentures etc.) is valuable inasmuch as the teeth are probably the most durable part of the human body. There are probably no
two people alive with dentures that are completely identical in all respects. Dental evidence is legally recognized and accepted, if properly
presented in court.

19 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


h. Clothing - Articles of clothing containing cleaner’s mark, labels, initials, size, color, texture knitting, etc. have provided investigators with
the leads and even identification in most instances.
i. Photographs - Identification of victims has been made by publication in bulletins, circulars, television and other distribution media, artist
sketches, death mark and casts have likewise aided the police in identifying unknowns.

Investigative Leads

The problem of who did it is a simple on when the offender is caught in the act or apprehended in flight from the scene the scene shortly
after the crime. When the perpetrator is not promptly arrested, the direction of the investigation varies according to whether the case falls into one of
the two categories- known identities or unknown identity. Whenever investigators encounter cases of the later, investigative leads now are necessary
to attain the objective of criminal investigation.

ROBBERY AND THEFT INVESTIGATION

Robbery - The law on robbery in the Philippines can be found on the following articles of the Revised Penal Code:
Article 293

Who are guilty of robbery? Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be guilty of robbery.

Elements of Robbery:
1. Unlawful taking of personal property
2. The property must belong to another
3. The taking is done with violence against an intimidation of any person of force upon things
4. The taking is with intent to gain

Note the following:

 Article 294 – Robbery with violence or intimidation of persons


 Article 295 – Robbery with physical injuries committed in an uninhabited place and by
 band or the use of firearm on a street.
 Article 297 – Attempted and frustrated robbery committed under certain circumstances.
 Article 298 – Execution of deeds by means of violence or intimidation
 Article 299 – Robbery in an inhabited house or public building or edifice devoted to worship – Any armed person who shall commit robbery
in an inhabited house or public building or edifice devoted to religious worship – and if:
(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:
1. Through an opening not intended for entrance or egress
2. By breaking any wall, roof or floor or breaking any door or window
3. By using false key, padlocks or similar tools
4. By using fictitious name or pretending the exercise of public authority or if –
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, closets, or any other kind of locked or sealed furniture or receptacle.
2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.
 Article 302 – Robbery in an uninhabited place or in a private building
 Article 303 – Robbery of cereals, fruits or firewood in uninhabited place or private building.

Anti-Piracy and Anti-Highway Robbery Law of 1974


(Presidential Decree 532)

Piracy – Any attack upon or seizure of any vessel, or taking away of the whole or part thereof of its cargo, equipment or the personal
belonging of its complement or passengers, irrespective of value thereof, by means of violence against or intimidation of person or foce upon things,
committed by any person, including a passenger or member of the complements of said vessel in Philippine waters, shall be considered as piracy.
The offender shall be considered as pirates.

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

20 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Aiding Pirates or Highway Robbers/ Brigands or Abetting Piracy or Highway Robbers/Brigands – Any person who knowingly and in
any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace
officers of the government or acquire or receives property taken by such pirates or brigands or indirectly abets the commission of piracy or highway
robbery or brigandage, shall be considered as an accomplice of the principal offender.

Anti-Cattle Rustling Law of 1974


(Presidential Decree 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the owner/raiser, of any of the above
animals (cow, carabao, horse, mule or other domesticated member of the bovine family) whether or not for profit or gain, or whether committed with
or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without
the consent of owner/raiser.

Anti-Fencing Law of 1979


(Presidential Decree 1612)

Fencing is the act of any person; who, with intent to gain, for himself or for another shall buy, posses, keep, acquire, conceal, sell or in any
other deal on any articles, items, objects or anything of value which he knows to have been derived form the proceeds of crime or robbery or theft.

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

Technique Commonly Employed by Robbers – Means of Entry

The means of entry differs in various burglaries and are related to the skill of a robber. The various known means of entry are:
1. The open door or window entry – the robber/s roams residence areas, apartments, and hotels looking for open doors or windows.
2. The jimmy entry – the robber/s forces a door or window with an iron tool such as a tire iron, screwdriver, or small crowbar or box opener.
3. The celluloid entry – the burglar forces open a door spring lock with a small piece of celluloid.
4. The stopover or human fly entry – the burglar is an aerialist, the stopover robber steps from a fire escape, balcony or other building to a
nearby window. The “human fly” robber can progress upward or downward or the sides of a building to a selected point of entry.
5. Roof entry – the burglar breaks into a premises through a skylight or air conditioning duct or the roof or by cutting a hole in the roof of a
building or residential home.
6. The hide –in entry – the burglar hides in a commercial premises until all employees have left and then breaks out with the stolen property.
7. The cut-in entry – the robber uses tools of various kinds to cut through the floor, ceiling, or wall of a store or office to another store or office.
8. Hit and run – the robber breaks a window of a ground floor store and takes property from a window or nearby portions of the premises, and
flees before police can be alerted to the crime.
9. Key entry – the robber uses a key – the key may be given to him by an informant (finger-man) it may be stolen or the burglar may obtain a
duplicate or master key by various means.\

Methods of safebreaking

1. Punching- In this manner of entry a sledge hammer and a drift punch are used to knock the combination dial from the safe and to drive the
spindle back into the safe. This makes the release mechanism of the lock accessible and allows the safe to be opened.
2. Pulling – A device similar to a gear or wheel puller is used to pull the dial or spindle completely out of the safe door and thus allow the safe
to be opened.
3. Peeling – This means of entry involves the prying off the outer surfaces of the safe door so that the locking mechanism of the safe is
exposed and can be pried open, allowing entry to the safe.
4. Drilling – One or more holes are drilled in the door of the safe to expose the lock mechanism allowing the safe-breaker to align the lock
tumblers manually and open the door of the safe.
5. Ripping – This is a battering of the top, bottom or sides of a safe with a chisel or other metal cutter, such as a ripping bar the hydraulic
ramming device used in a body and fender shop.
6. Burning – Use of oxygen/acetylene torch.
7. Blasting – Use of explosives
8. Carrying away.

KIDNAPPING

21 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Kidnapping - a word derived from kid, meaning child and nap (nab) meaning snatch, recorded since 1673, was originally used as a term
for the practice of stealing children for use as servants or laborers in the American Colonies .It has come to mean any illegal capture or detention of
a person or people against their will, regardless of age. Since 1768 the term abduction has also been used in this sense.

Kidnapping for Ransom - Philippine jurisprudence defines kidnapping for ransom as “the unlawful taking and carrying away of a person
by force or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting ransom as payment for his/her release.”

FIRE TECHNOLOGY AND ARSON INVESTIGATION

WHAT IS FIRE?

Fire is the manifestation of rapid chemical reaction occurring between fuel and an oxidizer- typically the oxygen in the air. Such rapid
chemical reaction releases energy in the form of heat and light. Fire is heat and light resulting from the rapid combination of oxygen, or in some
cases gaseous chlorine, with other materials. The light is in the form of a flame, which is composed of glowing particles of the burning material and
certain gaseous products that are luminous at the temperature of the burning material.

THE START OF FIRE

All matters exist of one of the three states – solid, liquid and gas (vapor). The atoms or molecules of a solid are packed closely together,
and that of a liquid is packed loosely, the molecules of a vapor are not packed together at all, they are free to move about. In order for a substance to
oxidize, its molecules must be pretty well surrounded by oxygen molecules. The molecules of solids or liquids are too tightly packed to be
surrounded. Thus, only vapors can burn. However, when a solid or a liquid is heated, its molecules move about rapidly. If enough heat is applied,
some molecules break away from the surface to form a vapor just above the substance. This vapor can now mixed with oxygen. If there is
enough heat to raise the vapor to its ignition temperature (temperature needed to burn), and if there is enough oxygen present, the vapor will oxidize
rapidly – it will start to burn. The start of burning is the start of a Chain Reaction (the burning process). Vapor from heated fuel rises, mixes with air
and burns. It produces enough heat to release more vapor and to draw in air to burn that vapor. As more vapor burns, flame production increases.
More heat is produced, more vapor released, more air drawn into the flames and more vapor burns, the chain reaction keeps increasing – the size of
the fire increases until fuel is consumed.

CHEMISTRY OF FIRE

Obviously, three things are required for combustion or fire: FUEL (Combustible materials to vaporize and burn), OXYGEN (Oxygen in air is
the common oxidizing agent, to combine with fuel vapor, air contains 28% O, 78 N, 1% inert gas), and HEAT (to raise the temperature of the fuel
vapor to its ignition temperature). The combinations of these three elements form the so-called Fire Triangle.

The Fire Triangle

Oxygen Heat

Fuel

Figure 1

Figure 1 will show that if any side of the fire triangle is missing, a fire can not start or if any side of the fire triangle is removed, the fire will
go off.

With the presence of the elements of fire, combustion may take place. Before a fuel will burn, it must be changed to its vapor state. In a fire
situation, this change usually results from the initial application of heat. The process is known as PYROLYSIS. Pyrolysis (also known as thermal
decomposition) is defined as the “chemical decomposition of matter through the action of heat”. In this case, the decomposition causes a change
from a solid state to vapor state. If the vapor mixes sufficiently with air and heated to high temperature, combustion results.

The combustion process is better represented by the fire tetrahedron.

The Fire Tetrahedron

22 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Oxygen Heat

Fuel Chain Reaction

Figure 2

The fire tetrahedron is useful in illustrating and remembering the combustion process because it has room for the chain reaction and
because each face touches the other three faces.

The basic difference between the fire triangle and the fire tetrahedron is that: The tetrahedron illustrates how flaming combustion is
supported and sustained through the chain reaction. In this sense, the chain reaction face keeps the other three faces from falling apart.

The fire tetrahedron also explains the flaming mode of combustion. The modes of combustion are either Flaming mode or Surface mode
(Glowing– represented by the fire triangle).

A condensed phased combustion is called glowing combustion


A gas-phased combustion is known as flame
If the process is confined with pressure it is called explosion
If combustion propagates at supersonic speed, it produced a detonation

PROPERTIES OF FIRE

A. The Physical properties

1. Specific Gravity – the ratio of the weight of a solid or liquid substance to the weight of an equal volume of water.
2. Vapor density – the weight of a volume of pure gas composed to the volume of dry air at the same temperature and pressure.
3. Vapor Pressure – the force exerted by the molecules on the surface of a liquid.
4. Temperature – the measure of the degree of thermal agitation of molecules.
5. Boiling Point – the constant temperature at which the vapor pressure of the liquid is equal to the atmospheric pressure.
6. Ignition/Kindling temperature – the minimum temperature at which the substance must be heated in order to initiate combustion.
7. Fire point – the lowest temperature of a liquid in an open container at which vapors are evolved fast enough to support combustion.
8. Flash point – the temperature at which a flammable liquid forms a vapor-air mixture that ignites (mixture with in the explosive range).

To burn a fuel (combustible material), its temperature must be raised until ignition point is reached. Thus, before a fuel start to burn or
before it can be ignited, it has to be exposed to a certain degree of temperature. When the temperature of a certain substance is very high, it
releases highly combustible vapors known as FREE RADICALS (combustible vapors such as hydrogen gas, carbon monoxide, carbon dioxide, and
nitrogen).

During the process of pyrolysis, the following are involved:

 the fuel is heated until its temperature reaches its fire point,
 decomposition takes place – moisture in the fuel is converted to vapor,
 decomposition produces combustible vapors that rise to the surface of the fuel (free radicals)
 free radicals undergo combustion.

The Chemical Properties

1. Endothermic Reactions – changes whereby energy (heat) is absorbed or is added before the reaction takes place.
2. Exothermic Reactions – those that release or give off energy (heat) thus they produce substances with less energy than the reactants.

23 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


3. Oxidation – a chemical change that is exothermic, a change in which combustible material (fuel) and an oxidizing agent (air), react.
Example of oxidation is combustion which is the same as actual burning (rapid oxidation)
4. Flames – flames are incandescent (very bright/glowing with intense heat) gases. It is a combustion product and a manifestation of fire
when it is in its gas-phased combustion.

Types of Flames

a. Based on Color and Completeness of Combustibility of Fuel

1. Luminous Flame – is orange-red, deposit soot at the bottom of a vessel being heated due to incomplete combustion and has a low
temperature.
2. Non-Luminous Flame – is blue, there is complete combustion of fuel and has relatively high temperature.

b. Based on Fuel and Air Mixture

1. Premixed Flame – is exemplified by a Bunsen-type laboratory burner where hydrocarbon (any substance containing primarily carbon
and hydrogen) is thoroughly mixed with air before reaching the flame zone.
2. Diffusion Flame – is observed when gas (fuel) alone is forced through a nozzle into the atmosphere which diffuses in the surrounding
atmosphere in order to form a flammable mixture. The candle flame is an example of diffusion flame governed purely by molecular
diffusion, and the flame of the oxyacetylene torch. (diffused – dispersed, widely spread)

c. Based on Smoothness

1. Laminar Flame – when a particle follows a smooth path through a gaseous flame.
2. Turbulent Flame – are those having unsteady, irregular flows. As physical size, gas density or velocity is increased, all laminar gas
flows tend to become turbulent.

FIRE ELEMENTS

As mentioned in part one, fire has been described as having three components: fuel, heat, and oxygen. This triad was illustrated by the fire
triangle, which symbolized, in the most basic terms, a chemical relationship. The additional component needed to explain flaming combustion is a
chemical chain reaction shown in the fire tetrahedron.

FUEL

FUELS (Combustible Materials)– fuel is matter and matter exist in three physical states: solid, liquid and gas. Solids melt to become
liquids, and these may vaporize and become gases. The basic rule is that at high enough temperature all fuels can be converted to gases. And each
of the physical states exhibits different physical and chemical properties that directly affect a fuel’s combustibility. For example, gasoline as a liquid
does not burn, it is the vapors rising from the liquid that burn. Likewise, wood, the most common solid fuel, is not flammable, but gives of flammable
vapors (free radicals).

FUEL is also a material that provides useful energy. Fuels are used to heat and cook food, power engines, and produce electricity. Some
fuels occur naturally and others are artificially created. Such natural fuels are coals, petroleum, and natural gases obtained from underground
deposits that were formed million years ago from the remains of plants and animals. They are called fossil fuels, which account for about 90% of the
energy people use today.

Synthetic fuels can be made from fossil fuels, certain types of rock and sand, and biomass.

Most fuels release energy by burning with oxygen in the air. But some – especially chemical fuels used in rockets – need special oxidizers
in order to burn. Nuclear fuels do not burn but release energy through the fission (splitting) of fusion (joining together) of atoms.

Classification of Combustible Materials

1. Class A Fuels – they are ordinary combustible materials that are usually made of organic substances such as wood and wood-based
products. It includes some synthetic or inorganic materials like rubber, leather, and plastic products.
2. Class B Fuels – materials that are in the form of flammable liquids such as alcohol, acidic solutions, oil, liquid petroleum products,
etc.
3. Class C Fuels – they are normally fire resistant materials such as materials used on electrical wiring and other electrical appliances.
24 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
4. Class D Fuels – they are combustible metallic substances such as magnesium, titanium, zirconium, sodium and potassium.

General Categories of Fuel

1. Solid Combustible Materials – includes organic and inorganic, natural or synthetic, and metallic solid materials.
2. Liquid Combustible Materials – includes all flammable liquid fuels and chemicals.
3. Gaseous Substances – includes those toxic/hazardous gases that are capable of ignition.

The Solid Fuels

The most obvious solid fuels are wood, paper and cloth. Its burning rate depends on its configuration. For example, solid fuels in the form
of dust will burn faster than bulky materials.

Types of Flammable solids

a. Pyrolyzable solid fuels – include many of the ordinary accepted combustibles: wood, paper and so on. The vapors released by their
chemical decomposition support flaming combustion. This exemplifies a gas-to-gas reaction: the vapors released mixed with oxygen in the air to
produce a flame.

b. Non-pyrolyzable solid fuels – solid fuels that are difficult to ignite. A common example is charcoal. Chemical decomposition does not
occur because there are no pyrolyzable elements present. No vapors are released. The glowing combustion that results is an example of a gas-to-
solid reaction.

The following are group of solid fuels

1. Biomass – it is the name given to such replaceable organic matters like wood, garbage and animal manure that can be use to produce
energy. For example, heat produced by burning nutshells, rice and oat hulls, and other by-products of food processing. They are often used to
operate plant equipment.

2. Fabrics and Textiles – almost all fibers and textiles are combustible. A fiber is a very fine thin strand or thread like object. Fabrics are
twisted or woven fibers. And textiles are machine woven or knitted fabric.

3. Plastics – plastics are included as ordinary fuels under class A except those materials of or containing cellulose nitrate. Cellulose
Nitrate is a chemical powder used in bombs, they are also called pyroxylin.

4. Coal – a black, combustible, mineral solid resulting from the partial decomposition of matter under varying degrees of temperature. They
are used as fuels in the production of coal gas, water gas, and many coal compounds. They are also used to heat buildings and to provide energy for
industrial machinery.

The forms of coal are: lignite or brown coal, sub-bituminous coal, bituminous coal, anthracite

Bituminous coal is the most plentiful and important coal used by industry. It contains more carbon and produces more heat than either
lignite or sub-bituminous coal. It is also the coal best suited for making coke. Antracite is the least plentiful and hardest coal. It contains more carbon
and produces more heat than other coals. However, antracite is difficult to ignite and burns slowly.

5. Peat – It is partially decayed plant matter found in swamps called bags and used as a fuel chiefly in areas where coal and oil are scarce.
In Ireland and Scotland, for example, peat is cut formed in blocks, and dried; the dried bloks are then burned to heat homes.
The Liquid Fuels

Liquid fuels are mainly made from Petroleum, but some synthetic liquids are also produced. Petroleum is also called crude oil. They may
be refined to produce gasoline, diesel oil, and kerosene. Other fuel oils obtained by refining petroleum to distillate oil and residual oils. Distillate oils
are light oils, which are used chiefly to heat homes and small buildings. Residual oils are heavy, and used to provide energy to power utilities,
factories and large ships.

Oil-based paint products are also highly flammable liquids. In the process of vaporization, flammable liquids release vapor in much the
same way as solid fuels. The rate of vapor is greater for liquids than solids, since liquids have less closely packed molecules. In addition, liquids can
release vapor over a wide range, example, gasoline starts to give vapor at –40C (-45 F). This makes gasoline a continuous fire hazard; it produces
flammable vapor at normal temperature.

25 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


General Characteristics of Liquids

1. They are matters with definite volume but no definite shape.


2. They assume the shape of their vessel because there is free movement of molecules.
3. They are slightly compressible. They are not capable of indefinite expansion, unlike gas.

2 General Groups of Liquid Fuels

1. Flammable liquids – they are liquids having a flash point of 37.8 C (100F) and a vapor pressure not exceeding 40 psia (2068.6 um)
at 37.8 C.

2. Combustible Liquids – these liquids have flash point at or above 37.8 C (100F).

Burning Characteristics of Liquids

Since it is the vapors from the flammable liquid which burn, the case of ignition as well as the rate of burning can be related to the physical
properties such as vapor pressure, flash point, boiling point, and evaporation rate.

1. Liquids having vapors in the flammable range above the liquid surface at the stored temperature have rapid rate of flame propagation.
2. Liquids having flash points above stored temperature have slower rate of flame propagation. The chemical explanation is, it is
necessary for the fire to heat sufficiently the liquid surface to form flammable vapor-air moisture before the flame will spread through
the vapor.

Factors affecting the Rate of Flame Propagation and Burning of Liquids

 wind velocity
 temperature
 heat of combustion
 latent heat of evaporation
 atmospheric pressure

Latent heat is the quantity of heat absorbed by a substance from a solid to a liquid and from a liquid to gas. Conversely, heat is released
during conversion of a gas to liquid or liquid to a solid.

The Gas Fuels

Gaseous fuels are those in which molecules are in rapid movement and random motion. They have no definite shape or volume, and
assume the shape and volume of their container. There are both natural and manufactured flammable gases. Gas fuels flow easily through pipes
and are used to provide energy for homes, businesses, and industries. Examples of gas fuels are acetylene, propane, and butanes.

Some properties of gas fuels are:

 compressibility
 expandability
 permeability (open to passage or penetration)
 diffusion (intermingling of molecules)

Compressibility and expandability refer to the potential in changes in volume. Diffusion is the uniform distribution of molecules of one
substance through those of another. Permeability means that other substances may pass through or permeate a gas.

Characteristics of Gas Fuels

1. They are matters that have no definite shape.


2. They are composed of very tiny particles (molecules) at constant random motion in a straight line
3. Gas molecules collide against one another and against the wall of the container and are relatively far from one another.

Classification of Gases:

26 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


1. Based on Source

a. Natural Gas – the gas used to heat buildings, cook food, and provides energy for industries. It consists chiefly of methane, a colorless
and odorless gas. Natural gas is usually mixed with compounds of foul-smelling elements like sulfur so gas leaks can be detected.
Butane and propane, which make up a small proportion of natural gas, become liquids when placed under large amount of pressure.
When pressure is released, they change back to gas. Such fuels, often called Liquefied Petroleum Gas (LPG) or liquefied Natural Gas
(LNG), are easily stored and shipped as liquid.

b. Manufactured Gas – this gas like synthetic liquid fuels is used chiefly where certain fuels are abundant and others are scarce. Coal,
petroleum, and biomass can all be converted to gas through heating and various chemical procedures.

2. According to Physical Properties

a. Compressed Gas – gas in which at all normal temperature inside its container; exist solely in the gaseous state under pressure. The
pressure depends on the pressure to which the container is originally charged and how much gas remains in the container. However,
temperature affects the volume and pressure of the gas.

b. Liquefied Gas – gas, which, at normal temperature inside its container, exist partly in the liquid state and partly in gaseous state and
under pressure as long as any liquid remains in the container. The pressure basically depends on the temperature of the liquid
although the amount of liquid also affects the pressure under some condition. A liquefied gas exhibits a more complicated behavior as
the result of heating.

c. Cryogenic Gas – a liquefied gas which exists in its container at temperature far below normal atmospheric temperature, usually
slightly above its boiling point and correspondingly low to moderate pressure. Examples of this gas are air, carbon monoxide,
ethylene, fluorine, helium, hydrogen, methane, nitrogen, and oxygen.

3. According to Usage

a. Fuel Gases – flammable gases usually used for burning with air to produce heat, utilize as power, light, comfort, and process. Most
commonly used gases are natural gas and the LPG (butane and propane).

b. Industrial Gases - This group includes a large number of gases used for industrial processes as those in welding and cutting (oxygen,
acetylene); refrigeration (freon, ammonia, sulfur dioxide); chemical processing (hydrogen, nitrogen, ammonia, chlorine); water
treatment (chlorine, fluorine).

c. Medical Gases – those used for treatment such as anesthesia (chloroform, nitrous oxide); respiratory therapy (oxygen).

Burning of Gaseous Fuels - Gaseous fuels are already in the required Vapor State. Only the proper intermixed with oxygen and sufficient
heat is needed for ignition. Gases like flammable liquids, always produce a visible flame, they do not smolder.

Chemical Fuels

Chemical fuels, which are produced in solid and liquid form, create great amounts of heat and power. They are used chiefly in rocket
engines. Chemical rocket propellants consist of both a fuel and an oxidizer. A common rocket fuel is the chemical hydrazine. The oxidizer is a
substance, such as nitrogen tetroxide, that contains oxygen. When the propellant is ignited, the oxidizer provides the oxygen the fuel needs to burn.
Chemical fuels are also used in some racing cars.

Nuclear Fuels

Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium is the most commonly used nuclear fuel, though
plutonium also provides nuclear energy. When the atoms of these elements undergo fission, they release tremendous amounts of heat. Nuclear
fuels are used mainly to generate electricity. They also power some submarines and ships. Nuclear energy can also be produced through the fusion
of hydrogen atoms.

 Nuclear Fission – split of the nucleus of atoms


 Nuclear Fusion – combination of two light nuclei of atom

THE HEAT ELEMENT

27 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


HEAT – It is the energy possessed by a material or substance due to molecular activity.

The study of energy is rooted in the subject of thermodynamics, a very logical science that carefully defines energy, heat, temperature and
other properties.

Heat is thermal energy in motion that travels from a hot to a cold region. Thermal energy is a property of matter directly associated with the
concept of temperature.

Heat and Temperature

Temperature is the measurement of the degree of thermal agitation of molecules; the hotness or coldness of something. Thermometer is
the instrument used to measure temperature and commonly expressed in C, F, and K.

Specific Heat - The heat capacity or the measure of the amount of heat required raising the temperature of a unit mass of a substance
one-degree. If the heating process occurs while the substance is maintained at a constant volume or is subjected to a constant pressure the
measure is referred to as a specific heat at constant volume.

Latent Heat - A number of physical changes are associated with the change of temperature of a substance. Almost all substances expand
in volume when heated and contract when cooled. The behavior of water between 0 and 4C (32 and 39 F) constitutes an important exemption to
this rule. The phase of a substance refers to its occurrence as a solid, liquid, or gas, and phase changes in pure substances occur at definite
temperatures and pressures. The process of changing from solid to gas is referred to as SUBLIMATION, from solid to liquid as MELTING and from
liquid to vapor as VAPORIZATION. If the pressure is constant, the process occurs at constant temperature. The amount of heat to produce a change
of phase is called LATENT HEAT, and hence, latent heats of sublimation, melting and vaporization exist. If water is boiled in an open vessel at a
pressure of 1 atm, the temperature does not rise above 100C (212F), no matter how much heat is added. For example, the heat that is absorbed
without changing the temperature of the water is the latent heat, it is not lost but expended in changing the water to steam and is then stored as
energy in the steam, it is again released when the steam is condensed to form water (CONDENSATION). Similarly, if the mixture of water and ice in
a glass is heated, its temperature will not change until all the ice is melted. The latent heat absorbed is used up in overcoming the forces holding the
particles of ice together and is stored as energy in the water.

Temperature Scales

Five different temperature scales are in use today, they are:

1.
Celsius – it has a freezing point of 0C and a boiling point of 100C. It is widely used through out the world, particularly for scientific
works.
2. Fahrenheit – it is used mostly in English-speaking countries for purposes other than scientific works and based on the mercury
thermometer. In this scale, the freezing point of water is 32F and the boiling point is 212 F.
3. Kelvin or Absolute – it is the most commonly used thermodynamic temperature scale. Zero is defined as absolute zero of
temperature that is, - 273.15 c, or –459.67 F.
4. Rankine – is another temperature scale employing absolute zero as its lowest point in which each degree of temperature is
equivalent to one degree on the Fahrenheit scale. The freezing point of water under this scale is 492 R and the boiling point is 672
R.
5. International Temperature Scale – In 1933, scientist of 31 nations adopted a new international temperature scale with additional
fixed temperature points, based on the Kelvin scale and thermodynamic principles. The international scale is based on the property of
electrical resistively, with platinum wire as the standard for temperature between –190  and 660C.
Heat Production

There are five ways to produce heat:

1. Chemical – chemically produced heat is the result of rapid oxidation.


2. Mechanical – mechanical heat is the product of friction. The rubbing of two sticks together to generate enough heat is an example.
3. Electrical – electrical heat is the product of arcing, shorting or other electrical malfunction. Poor wire connections, too much
resistance, a loose ground, and too much current flowing through an improperly sized wire are other sources of electrical heat.
4. Compressed gas – when a gas is compressed, its molecular activity is greatly increased producing heat.
5. Nuclear – Nuclear energy is the product of the splitting or fusing of atomic particles (Fission or fusion respectively). The tremendous
heat energy in a nuclear power plant produces steam to turn steam turbines.
28 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Heat Transfer

1. Conduction – it is the transfer of heats by molecular activity with in a material or medium, usually a solid. Direct contact is the underlying
factor in conduction. Example, if you touch a hot stove, the pain you feel is a first result of conducted heat passing from the stove directly to
your hand. In a structural fire, superheated pipes, steel girders, and other structural members such as walls and floors may conduct
enough heat to initiate fires in other areas of the structure.

2. Convection – it is the transfer of heat through a circulating medium, usually air or liquid. Heat transfer by convection is chiefly responsible
for the spread of fire in structures. The supper-heated gases evolved from a fire are lighter than air, and consequently rise, they can and do
initiate additional damage. In large fires, the high fireball that accompanies the incident is referred to as a firestorm and is an example of
convected heat.

3. Radiation – radiated heat moves in wave and rays much like sunlight. Radiated heat travels the speed, as does visible light: 186,000 miles
per second. It is primarily responsible for the exposure hazards that develop and exist during a fire. Heat waves travel in a direct or straight
line from their source until they strike an object. The heat that collects on the surface of the object or building in the path of the heat waves
is subsequently absorbed into its mass through conduction.

OXYGEN (Oxidizing Agent)

Oxygen as defined earlier is a colorless, odorless, tasteless, gaseous chemical element, the most abundant of all elements: it occurs free
in the atmosphere, forming one fifth of its volume, and in combination in water, sandstone, limestone, etc.; it is very active, being able to combine
with nearly all other elements, and is essential to life processes and to combustion.

The common oxidizing agent is oxygen present in air. Air composes 21% oxygen, 78% nitrogen, and 1 % inert gas (principally Argon).

Take Note: 21% normal oxygen is needed to produce fire in the presence of fuel and heat. 12% oxygen is insufficient to produce fire, 14-
15% oxygen can support flash point, and 16-21% oxygen can support fire point.

FIRE BEHAVIOR, CAUSES AND CLASSIFICATION

The behavior of fire maybe understood by considering the principle of thermal balance and thermal imbalance. Thermal Balance refers to
the rising movement or the pattern of fire, the normal behavior when the pattern is undisturbed. Thermal imbalance, on the other hand is the
abnormal movement of fire due to the interference of foreign matter. Thermal imbalance often confuses the fire investigator in determining the exact
point where the fire originated.

Dangerous Behavior of Fire

Fire is so fatal when the following conditions occurred:

1. Backdraft – it is the sudden and rapid (violent) burning of heated gases in a confined area that occurs in the form of explosion. This
may occur because of improper ventilation. If a room is not properly ventilated, highly flammable vapors maybe accumulated such that when a door
or window is suddenly opened, the room violently sucks the oxygen from the outside and simultaneously, a sudden combustion occur, which may
happen as an explosion (combustion explosion).
2. Flashover – it is the sudden ignition of accumulated radical gases produced when there is incomplete combustion of fuels. It is the
sudden burning of free radicals, which is initiated by a spark or flash produced when temperature rises until flash point is reached. When
accumulated volume of radical gases suddenly burns, there will be a very intense fire that is capable of causing flames to jump at a certain distance
in the form of fireball. Fireballs can travel to a hundred yards with in a few seconds.
3. Biteback - a fatal condition that takes place when the fire resists extinguishment operations and become stronger and bigger instead.
4. Flash Fire – better known as dust explosion. This may happen when the metal post that is completely covered with dust is going to be
hit by lightning. The dust particles covering the metal burn simultaneously thus creating a violent chemical reaction that produces a very bright flash
followed by an explosion.

The Three Stages of Fire

1. Incipient Phase (Initial Stage) – under this stage, the following characteristics are observed:

 normal room temperature


29 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
 the temperature at the base of the fire is 400-800 F
 ceiling temperature is about 200 F
 the pyrolysis products are mostly water vapor and carbon dioxide, small quantities of carbon monoxide and sulfides maybe present.

2. Free Burning Phase – it has the following characteristics:

 accelerated pyrolysis process take place


 development of convection current: formation of thermal columns as heat rises
 temperature is 800-1000 F at the base of fire, 1200-1600 F at ceiling
 pyrolytic decomposition moves upward on the walls(crawling of the flame) leaving burnt patterns (fire fingerprints)
 occurrence of flashover.

3. Smoldering Phase – this stage has the following characteristics:

 oxygen content drops to 13% or below causing the flame to vanish and heat to develop in layers,
 products of incomplete combustion increase in volume, particularly carbon monoxide with an ignition temperature of about 1125 F,
 ceiling temperature is 1000-1300 F,
 heat and pressure in the room builds up,
 building/room contains large quantities of superheated fuel under pressure but little oxygen,
 when sufficient supply of oxygen is introduced, backdraft occurs.

CLASSIFICATION OF FIRES

Based on Cause

1. Natural causes – such as

 Spontaneous heating – the automatic chemical reaction that results to spontaneous combustion due to auto-ignition of organic
materials, the gradual rising of heat in a confined space until ignition temperature is reached.
 Lightning – a form of static electricity; a natural current with a great magnitude, producing tremendous amperage and voltage.
Lightning usually strikes objects that are better electrical conductors than air. It can cause fire directly or indirectly. Indirectly when it
strikes telephone and other transmission lines, causing an induced line surge. It can also cause flash fire or dust explosion. When
lightning strikes steel or metal rod covered with dust, the dust will suddenly burn thus resulting to an explosion.

A lightning may be in the form of:

Hot Bolt – longer in duration; capable only of igniting combustible materials


Cold Bolt – shorter in duration, capable of splintering a property or literally blowing apart an entire structure, produces electrical current
with tremendous amperage and very high temperature.

 Radiation of Sunlight – when sunlight hits a concave mirror, concentrating the light on a combustible material thereby igniting it.

2. Accidental Causes – such as

 Electrical accidents in the form of:

Short Circuit – unusual or accidental connections between two points at different potentials (charge) in an electrical circuit of
relatively low resistance.
Arcing – the production of sustained luminous electrical discharge between separated electrodes; an electric hazard that results
when electrical current crosses the gap between 2 electrical conductors.
Sparking – production of incandescent particles when two different potentials (charged conductors) come in contact; occurs during
short circuits or welding operations.
Induced Current – induced line surge – increased electrical energy flow or power voltage; induced current; sudden increase of
electrical current resulting to the burning of insulating materials, explosion of the fuse box, or burning of electrical appliances.
Over heating of electrical appliances – the increase or rising of amperage while electric current is flowing in a transmission line
resulting to the damage or destruction of insulating materials, maybe gradual or rapid, internal or external.

30 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


 Purely accidental causes
 Negligence and other forms of human error

3. Intentional causes (Incendiary)

If in the burned property, there are preparations or traces of accelerant, plants and trailers, then the cause of fire is intentional.

 Accelerant – highly flammable chemicals that are used to facilitate flame propagation.
 Plant – the preparation and or gathering of combustible materials needed to start a fire.
 Trailer – the preparation of flammable substances in order to spread the fire.

Based on Burning Fuel (the classes of fire)

1. Class A Fire – Ordinary fires; they are the types of fire resulting from the burning wood, paper, textiles, rubber and other
carbonaceous materials. In short, this is the type of fire caused by ordinary combustible materials.
2. Class B Fire – Liquid fires; they are caused by flammable and or combustible liquids such as kerosene, gasoline, benzene, oil
products, alcohol and other hydrocarbon deviations.
3. Class C Fire – Electrical fires; they are fires that starts in live electrical wires, equipment, motors, electrical appliances and telephone
switchboards.
4. Class D Fire – Metallic fires; fires that result from the combustion of certain metals in finely divided forms. These combustible metals
include magnesium, potassium, powdered calcium, zinc, sodium, and titanium.

FIRE FIGTHING OPERATIONS AND EXTINGUISHMENT

Fire fighting is an activity intended to save lives and property. It is one of the most important emergency services in a community. Fire
fighters battle fires that break out in homes, factories, office buildings, shops, and other places. Fire fighters risk their lives to save people and
protect property from fires. The people who work as fire fighters also help others who are involved in many kinds of emergencies besides fires. For
example, fire fighters rescue people who may be trapped in cars or vehicles after an accident. They aid victims of such disasters as typhoons,
floods, landslides, and earthquakes. Before the advent of modern fire fighting techniques, fires often destroyed whole settlements. When a fire
broke but, all the people in the community rushed to the scene to help. Today, fire fighting organizations in most industrialized nations have well-
trained men and women and a variety of modern fire fighting equipment.

The Bureau of Fire Protection (BFP)

Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the Bureau of Fire Protection (BFP) to be responsible for
the prevention and suppression of all destructive fires and to enforce the laws on fire.

Fire Protection is the descriptive term referring to the various methods used by the bureau to stop, extinguish and control destructive fire
for eventual prevention of loss of life and property. It has the following objectives:

1. To prevent destructive fire from starting


2. To extinguish (stop or put out) on going destructive fire
3. To confine a destructive fire at the place where it began
4. To prevent loss of life and property when fire starts

Fire Prevention and Suppression refers to the various safety measures utilized to stop harmful or destructive fires from starting.
The laws related with the fire prevention and fire protection in the Philippine setting includes PD # 1185, Fire Code of the Philippine (26 August

1977), PD # 1096, Building Code of the Philippine (19 February 1977)

The Bureau of Fire Protection is composed of well-trained fire fighters. In fighting fires, they bring with them ladders and pumps. Additional
specialist vehicles can provide turntable ladders, hydraulic platforms, extra water, foam, and specialist appliances for hazardous incidents.

Fire fighters in the Philippines handle many types of fires. Each type requires a different plan of action to put it out. For example, the
methods used to fight a building fire differ greatly from those used to fight a forest or grassland fire.

31 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Factor Affecting Fire Protection and Control

Fire Hazard is any condition or act that increases or may cause increase in the probability that fire will occur or which may obstruct, delay,
hinder or interfere with fire fighting operations and the safeguarding of life and property

Conditions of Fire Hazards

1. Existence of dangerous or unlawful amount of combustible or explosives in the building not designed to store such materials.
2. Defective or improperly installed facilities/ equipment.
3. Lack of adequate exit facilities.
4. Obstruction at fire escapes or other designated opening for fire fighters.
5. Dangerous occumulation of rubbish waste and other highly combustible materials.
6. Accumulation of dust in ventilation system or of grease in the kitchen.
7. Building under repair
8. Very old building or building is primarily made of combustible materials

Fire Fighting Operations

Fire fighting operations refers to fire suppression activities. In general the following procedures should be observed:

1. PRE-FIRE PLANNING - this activity involves developing and defining systematic course of actions that maybe performed in order to
realize the objectives of fire protection: involves the process of establishing the SOP in case fire breaks out.
2. EVALUATION – SIZE – UP (on-the-spot planning or sizing-up the situation) - this is the process knowing the emergency situation. It
involves mental evaluation by the operation officer-in-charge to determine the appropriate course of action that provides the highest
probability of success.
3. EVACUATION – This the activity of transferring people, livestock, and property away from the burning area to minimize damage or
destruction that the fire might incur in case it propagates to other adjacent buildings.
4. ENTRY – This is the process of accessing the burning structure.
5. RESCUE – This is the operation of removing (extricating), thus saving, people and other livestock from the burning building and other
involved properties, conveying them to a secure place
6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings near the burning structure in order to prevent
the fire from the extending to another building.
7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it started : the process of preventing fire from
extending from another section or form one section to another section of the involved building.
8. VENTILATION – This the operation purposely conducted to displace toxic gases. It includes the process of displacing the heated
atmosphere within the involved building with normal air from outside atmosphere.
9. SALVAGE – The activity of protecting the properties from preventable damage other than the fire. The steps are a) remove the material
outside the burning area, and b) protecting or cover the materials by using tarpaulins (cotton canvass treated with water proofing).
10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using the 4 general methods of fire extinguishments.
11. OVERHAUL – This is the complete and detailed check of the structure and all materials therein to eliminate conditions that may cause re-
flash; involves complete extinguishments of sparks or smouldering (glowing) substances (embers) to prevent possibilities of re-ignition or
rekindling.
12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is an inquiry conducted to know or determine the
origin and cause of fire.

What is a Sprinkler System?


A sprinkler system consists of a network of pipes installed throughout a building. The pipes carry water to nozzles in the ceiling. The heat
from a fire causes the nozzles directly above the fire to open and spray water.
The Fire Bureau personnel inspect public buildings to enforce the local code. The officials check the operating condition of the fire
protection systems. They note the number and location of exits and fire extinguishers. The inspection also covers housekeeping practices and
many other matters that affect fire safety. Fire inspectors may also review plans for a new building to make sure it meets the safety code.
What is a Smoke Detector?

32 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Smoke detector is a device that sounds an alarm if a small amount of smoke enters their sensors. Smoke detectors are attached to the
ceiling or wall in several areas of the home. Fire protection experts recommend at least one detector for each floor of a residence.

Fire fighters also recommend that people have portable fire extinguishers in their homes. A person must be sure, however, to call the fire
fighting service before trying to extinguish a fire. It is also important to use the right kind of extinguisher for the type of fire involved.
The Fire Extinguishments Theory
1. Extinguishment by Temperature Reduction
2. Extinguishment by Fuel Removal
3. Extinguishment by Oxygen Dilution
4. Extinguishment by Chemical Inhibition

Fire Extinguishers

A Fire Extinguisher is a mechanical device, usually made of metal, containing chemicals, fluids, or gasses for stopping fires, the means
for application of its contents for the purpose of putting out fire (particularly small fire ) before it propagates, and is capable of being readily moved
from place to place.

What are the types of Fire Extinguishers?

1. Water Fire Extinguisher – extinguisher filled with water use of fight Class A and Class B fires except class C fires.
2. Liquefied Fire Extinguisher – those extinguishers that contain Carbon Monoxide Gas use to fight class A, B, and C fires
3. Dry Chemical Extinguisher – those that contain chemical powder intended to fight all classes of fires.
4. Foam Extinguisher– contains sodium bicarbonate and a foam-stabilizing agent in a larger compartment and a solution of aluminum
sulfate in an inner cylinder; reaction between the two solutions forms a stabilized foam of carbon dioxide bubbles.
5. Soda-acid Fire Extinguisher – filled with sodium bicarbonate mixed with water; a small bottle of sulfuric acid is suspended inside (near
the top) in such a way that when the extinguisher is turned up-side-down, the acid mixes with sodium bicarbonate; carbon dioxide is
formed by the reaction which results to the building of pressure inside the extinguisher; this pressure forces the water solution out
from the container through a hose.
6. Vaporizing Liquid Fire Extinguisher – contains non-conducting liquid, generalization carbon tetrachloride or chlorobromethane;
operation is by manual pumping or using a stored pressure; the stream of liquid that is expelled is vaporized by the heat of the fire and
forms a smothering blanket. This type is usually used in fires involving flammable liquids or electrical equipment.
7. Carbon Dioxide Fire Extinguisher – effective against burning liquids and fires in live electrical equipment; used mainly to put out Class
C fires.

What are examples of extinguishing agents?

1. MULTI-PURPOSE DRY CHEMICALS like the Mono-Ammonium Phosphate ( NH H PO )


2. HALON 1211 or Bromochlorodifluoromethane
3. AFFF – (Aqueous Film Forming Foam), is a synthetic foam-forming liquid designed for use with fresh water.
4. CARBON DIOXIDE – a chemical that can deliver a quick smothering action to the flames, reducing the oxygen and suffocating the
fire. Carbon dioxide dissipates without leaving any contamination or corrosive residue.

Fire Fighting Equipment

The most important equipment for fire fighters includes:

1. Communication Systems

33 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


They are necessary to alert fire fighters to the outbreak of a fire. Most fire alarms are telephoned to the fire department. Many countries
have introduced a simple, 3-digit number as the telephone number to call in emergencies. This number can be dialed from almost any telephone
and from most pay phones without a coin. Dialing this number is free. In the Philippines, the emergency line is 166.

2. Fire Vehicles

Fire fighters have several types of fire vehicles. The main types are (1) engines, (2) ladder appliances, and (3) rescue vehicles.

Engines, also called water tenders, have a large pump that takes water from a fire hydrant or other source. The pump boosts the
pressure of the water and forces it through hoses. Engines carry several sizes of hoses and nozzles. Many also have a small-diameter hose called
a booster line, which is wound on a reel. The booster line is used chiefly to put out small outdoor fires.

Ladder appliances - There are two kinds of ladder appliances--turntable ladders and hydraulic platforms.

A turntable ladder appliance has a metal extension ladder mounted on a turntable. The ladder can be raised as high as 30 meters, or
about eight storeys.

A hydraulic platform truck has a cage-like platform that can hold several people. The platform is attached to a lifting device that is mounted
on a turntable. The lifting device consists of either a hinged boom (long metal arm) or an extendable boom made of several sections that fit inside
each other. The boom on the largest vehicles can extend 46 meters. A built-in hose runs the length of the boom and is used to direct water on a
fire. In most cases, a pump in a nearby engine generates the pressure needed to spray the water.

Fire Fighting Vehicles - are equipped with portable ladders of various types and sizes. They also carry forcible entry tools, which fire
fighters use to gain entry into a building and to ventilate it to let out smoke. Common forcible entry tools include axes, power saws, and sledge
hammers.

Rescue Vehicles are enclosed vehicles equipped with many of the same kinds of forcible entry tools that ladder appliances carry. But
rescue vehicles also carry additional equipment for unusual rescues. They have such tools as oxyacetylene torches, for cutting through metal, and
hydraulic jacks, for lifting heavy objects. They may also carry other hydraulic tools. With a hydraulic rescue tool, fire fighters can apply a large
amount of pressure to two objects to squeeze them together or prise them apart. The tool is often used to free people trapped in cars and other
vehicles after an accident. Many rescue vehicles also carry small hand tools, such as crowbars and saws, and ropes and harnesses for rescuing
people from water or high places. In addition, they carry medical supplies and equipment.

Special Fire Vehicles include airport crash tenders and hazardous materials units. Airport crash tenders are engines that spray foam or
dry chemicals on burning aircraft. Water is ineffective against many aircraft fires, such as those that involve jet fuel or certain metals.

In addition to the above fire fighting equipment, fire fighters are also required to use protective clothing.

Protective Clothing - clothing for protection against flames, falling objects, and other hazards. They wear coats and trousers made of
fire-resistant material. Other clothing includes special boots, gloves, and helmets. Fire fighters also use a breathing apparatus to avoid inhaling
smoke and toxic gases.

FIRE INVESTIGATION

In the Philippines, the Bureau of fire Protection is the main government agency responsible for the prevention and suppression of all
destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipments, ships or vessels docked at piers or
major seaports, petroleum industry installation, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other
related laws. It has the major power to investigate all causes of fires and necessary, file the proper complaints with the proper authority that has
jurisdiction over the case (R.A. no. 6975, sec. 54).

Why Fires should be investigated?


The very reason why fires should be investigated is to determine the cause of the fire in order to prevent similar occurrences. The determination of
the origin and cause of fire is arrived at only after a thorough investigation. Since basic investigation is prelude to the discovery of the true cause of
the fire, an understanding of the chemistry of fire and its attendant behavior should be a concern for successful investigation.

Is Fire Investigation Complex and Unique?


34 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Fire investigation is complex and unique because of the following reasons:
1. Fire destroys evidence
2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?

Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are valuable sources of information. They are the so-
called “Eyes and Ears” of the police before, during and after the fire has been placed under control. The information taken from them may be
categorize as:
1. Information attainable or developed prior to the arrival at the scene
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

Legal Aspect of Fire Investigation

ARSON

Arson is the intentional or malicious destruction of property by fire. It is the concern of fire investigation to prove malicious intent of the
offender. Intent must be proved, otherwise, no crime exist. The law presumes that a fire is accidental, hence criminal designs must be shown. Fire
cause by accident or criminal design must be shown. Fire cause by accident or negligence does not constitute arson.

What is Destructive Arson?

Under Article 320 of the Revised Penal Code, as amended, the penalty of Reclusion Perpetua to Death shall be imposed upon any person
who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, or committed
on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a
definite purpose such as, but not limited to official governmental function or business, private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings,
public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane devoted to transportation or conveyance, or for public use, entertainment or
leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service to public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose
of concealing bankruptcy or defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion to death shall likewise be
imposed when the arson is perpetrated or committed by two or more persons or by group of persons, regardless of whether their purpose is merely
to burn or destroy the building or the building merely constitutes an overt act in the commission or another violation of law.

The penalty of Reclusion Perpetua to Death shall also be imposed upon any person who shall burn:

1. any arsenal, shipyard, storehouse or military power or firework factory, ordinance, storehouse, archives or general museum of the
government.
2. in an inhabited place, any storehouse or factory of inflammable or explosives materials.

If the consequence of the commission of any of the acts penalized under this Article, death results, the mandatory penalty of death shall be imposed
(sec. 10, RA 7659).

What is the basis of criminal liability in arson?

35 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.

What are other forms of arson?

Other forms of arson refer to those enumerated under Article 321 of the Revised Penal Code, as amended like the following:

1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or
more person.
2. Building burned is a public building and value of damage exceeds six thousands pesos (P6000.00).
3. Building burned is a public building and purpose is to destroy evidence kept therein to be used in instituting prosecution for
punishment of violators of law, irrespective of the amount of damage.
4. Building burned is a public building and purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative
proceeding, irrespective of the damage, if the evidence is to be used against defendant of any crime punishable under existing law.

Arson of Property of Small Value (Art. 323, RPC)

Burning of any uninhabited hut, storehouse, barn, shed, or any other property, under circumstances clearly excluding all danger of the fire
spreading, value of the property not exceed 25.00 pesos.

Crimes Involving Destruction (Art 324, RPC)

The offender causes destruction by any of the following means:


1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other communication system
7. by using any other agency or means of destruction as effective as the above

Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4 Phil. 502) (Article 325, RPC)
Article 326, RPC – Setting Fire to Property Exclusively Owned By the Offender
This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another or
2. damaged is actually caused upon another’s property even if such purpose is absent or
3. thing burned is a building in an inhabited place.

Presidential Decree No. 1613 – Amending the Law on Arson

Special Aggravating Circumstance in Arson

1. If committed with intent to gain:


2. If committed with the benefit of another:
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned:
4. If committed by a syndicate (3 or more persons).

Prima Facie Evidence of Arson

1. If the fire started simultaneously in more than one part of the building or establishment
2. If substantial amounts of flammable substance or materials are stored within the building not necessary in the business of the offender
or for house hold use.

36 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or materials soaked therewith or containers thereof,
or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises
owned or under the control of the offender and / or insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the
premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or the
safety of the person or property of the victim.

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must takes place. In other words, there must be burning or changing, i.e. the fibber of the
wood must be destroyed, its identity changed.
2. Wilfulness – means intentional, and implies that the act was done purposely and intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

Methods of Proof in Arson

Physical evidences in arson are often destroyed. To prove arson was committed, Corpus Delicti must be shown and identify of the arsonist must
be established. Corpus Delicti (body of the crime) is the fact of that crime was committed. The following must show it:

1. Burning – that there was fire that may be shown by direct testimony of complaint, firemen responding to the crime, other
eyewitnesses. Burned parts of the building may also indicate location.
2. Criminal Design – must show that it was wilfully and intentionally done. The presence of incendiary devices, flammables such as
gasoline and kerosene may indicate that the fire is not accidental.
3. Evidence of Intent – When valuables were removed from the building before the fire, ill-feeling between the accused and the
occupants of the building burned, absence of effort to put off fire and such other indications.

What are basic lines of inquiry in Arson Investigation?

The arson investigator must have to inquire on the following a) point of origin of fire b) motives of arsonist c) prime suspects d) the telltale
signs of arson.

1. Point of origin of fire


Initially, the important point to be established is the point of origin of fire. In other words, at what particular place in the building the fire
started? This may be established by an examination of the witness, by an inspection of the debris at the fire scene and by studying the fingerprint of
fire. The fingerprint of fire occurs during the free burning stage of the fire when pyrolytic decomposition moves upward on the walls leaving a bunt
pattern.
Motive of Arsonist

To understand the motives of arsonist, the arson investigator have to note the following that fires are set by:

Persons with Motives


a. Those with desire to defraud the Insurer
b. Employees or such other person who have a grievance (Fire revenge)
c. Those with desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation

People without motives


a. Those who are mentally ill
b. Pathological fire-setters
c. Pyros and the Psychos

37 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Motives of Arsonist

1. Economic Gain
b. Insurance fraud – benefiting
c. Desire to dispose merchandise – lost of market value being out of season, lack of raw materials, over supply of merchandise can
be a big reason for arson.
d. Existing business transaction that the arsonist would like to avoid such as impending liquidation, settlement of estate, need for
cash, prospective business failure, and increase rentals
e. Profit by the Perpetrator other than the Assured like insurance agents wishing business with the assured, business competitors
planning to drive others, person seeking job as personnel protection, salvagers and contractors wishing to contact another
building

2. Concealment of Crime - When the purpose of hiding a crime or committing a crime, arson was used as means.
3. Punitive Measure - Committing arson to inflict injury to another due to hatred, jealousy and revenge.
4. Intimidation or Economic Disabling - Arsonist as saboteurs, strikers and racketeers to intimidate management or employer.
5. Pyromania

A pyromaniac having the uncontrollable impulse to burn anything without any motivation. They do not run away from the fire
scene since they love watching fire burning.

Types of Pyromania

a. Abnormal Youth – epileptics, imbeciles and morons


b. Hero Type – a person set a building on fire and pretends to discover it, turn on the alarm or make some rescue works to appear
as “hero”
c. Drug addicts and alcoholics
d. Sexual deviates and perverts.

2. Prime Suspects (and the Prima Facie Evidences)

The development of prime suspects - this involves identification results from the full development of leads, clues and traces, the testimony
particularly eyewitnesses and the development of expert testimony, The following technique may serve the investigation:

1. Search of the fire scene for physical evidence:


a. Protection of the scene
b. Mechanics of search
c. Collection and preservation of evidences
d. Laboratory aids

2. Background study of policyholders, occupants of premises, owner of building or other person having major interest in the fire.
3. Interviews and interrogations of persons who discovered the fire, and the one who turned the first alarm, firemen, and eyewitnesses.
4. Surveillance

3. The Tell Tale Signs of Arson

These signs maybe obvious that the first fireman at the scene will suspects arson or they maybe so well concealed that moths of patient
investigation to show that it is set off will be required.

1. Burned Building – the type of the building may indicate a set fire under certain circumstance. A fire of considerable size at the time the
first apparatus arrive at the scene is suspicious if it is a modern concrete or semi-concrete building.

2. Separate fires – when two or more separate fire breaks out within a building. The fire is certainly suspicious.

3. Color of Smoke – some fire burn with little or no smoke but they are exception. The observation of the smoke must be made at the
start of the fire since once the fire has assumed a major proportion, the value of the smoke is lost, because the smoke will not indicate
the material used by the arsonist

38 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


a.) When white smoke appears before the water from the fire hose comes in contact with the fire, it indicates humid material
burning. Example – burning hay, vegetable materials, phosphorus (with garlic odor).
b.) Biting smoke, irritating the nose and throat and causing lacrymation and coughing indicates presence of chlorine.
c.) Black smoke indicates lack of air if accompanied by large flames it indicates petroleum products and rubber.
d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.
e.) Meaning of color of Smoke and Fire:

 Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc.
 Heavy brown with bright red flame – nitrogen products
 White smoke with bright flame – magnesium products
 Black smoke with red and blue green flame – asphalt
 Purple-violet flame – potassium products
 Greenish-yellow flame – Chloride or Manganese products
 Bright reddish yellow flame – Calcium products

8. Color of flame – The color of the flame is a good indication of the intensity of the fire, an important factor in determining incendiarism.
9. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real bright read about 100 degrees centigrade. Red
flames indicate of petroleum. Blue flame indicates use of alcohol as accelerant.
10. Smoke Marks – An experience investigation will determine the volume of smoke involved at a fire and the character as residue
deposited on walls or elsewhere. Smoke in marks have often been of assistance in determining the possibility of a fire having more
than one place of origin.
11. Size of Fire – This is important when correlated with the type of alarm, the time received and the time of arrival of the first fire
apparatus. Fires make what might be termed a normal progress. Such progress can be estimated after an examination of the material
burned the building and the normal ventilation offered of the fire. The time element and the degree of headway by the flames become
important factors to determine factors to determine possible incendiarism.
12. Direction of Travel – While it is admitted that no two fires burn in identical fashion, yet it can be shown that fire makes normal progress
through various types of building materials, combustibility of contents, channel of ventilation and circumstances surrounding the
sending of alarm, an experienced investigator can determine whether a fire spread abnormally fast.
13. Intensity – The degree of heat given off by a fire and the color of its flame oftentimes indicate that some accelerant has been added
to the material normally present in a building and the investigator must look for further evidence pointing to use of such accelerant.
Difficulty in extinguishing the fire is often a lead to suspect presence of such fluid as gasoline and kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids which are often used as accelerant is characteristics
and oftentimes arsonist are trapped because of this telltale sign. Most of fire – setters are inclined to use substance which will make
the blaze certain and at the same time burn up any evidence of their crime.
15. Condition of Content – Persons tending to set their house on fire frequently remove objects of value either materially or sentimentally.
Store and other business establishments oftentimes remove a major portion of their content or replace valuable merchandise without
of style articles.

THE FIRE ORIGIN

One of the first things to look for is the origin of the fire. Usually, accidental fires have only one origin; sometimes an arson fire will have
several origins. That is, there will be two or more fires. Normally, a fire burns outward laterally in all directions, the heat generated moves up, and
fires seldom burns down. Ventilation will also affects the burning pattern; but without unusual ventilation, fires burn equally in all directions except
down. It may be necessary to go to several spots and point back to the most damaged areas; where the lines crosses probably will be the origin of
the fire. Explosions also feed in all directions; the heat effect is usually intense. The point of explosion is usually easier to determine than the point of
origin of other accelerants. Unless the investigator has ad special training in this type investigation, it probably would be to his advantage to call in a
specialist.

Alligator Pattern - The alligator pattern (checking of charred wood giving it the appearance of alligator skin) caused by the fire often can
be used to trace the fire to its origin. The pattern at the point of origin is smaller and deeper than the rest of the areas. The pattern is also smaller and
deeper at points where flammable liquids were used.

Information from people - Many investigators have found that information from people help them know what to look for the fire scene.
The good investigator knows how to how to interview people to get information that can help determine the origin of the fire, the cause of fire and
even incendiary origin of the fire. The owner, the family of the owner, person calling in the alarm, neighbors, witnesses, or any person who might
help in any way should be interviewed. If an investigator ever needed to be a skilled interviewer, it is in arson investigation cases. Most people just
do not like to talk about arson fire. In general, they must be questioned as to the following.
a. His identity
39 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
b. His business in the arson of the fire.
c. What attracted his attention to it?
d. Time of observation and exact location of the blaze.
e. His position in relation to the fire at time of observation.
f. Size of intensity, rapidity of spread, and direct travel of flame.
g. Color of flame, and odor if he is in a position to observe these.
h. Other pertinent information.

Burn Indicators

Burn indicators are the effects on materials of heating or partial burning, which are used to indicate various aspects of fire such as
flammable liquids, and points of origin. Interpretation of burn indicators is a principal means of determining the cause of the fire. Although burn
indicators are widely used to establish the causes of fires, they have received little scientific testing. Some of the burn indicators used are the
following:
Alligatoring effect: checking of charred wood, giving it the appearance of the alligator skin. Large, rolling blisters indicates rapid, intense
heat, while small, flat alligatoring indicates long, low heat.
Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat, while small, possible fire accelerant.
Depth of char: depth of burning wood – used to determine length of burn and thereby locate the point of origin of the fire.
Line of demarcation: boundary between charred and uncharred material.On floors or rugs, a puddle shaped line of demarcation is
believed to indicate a liquid fire accelerant. In the cross section of wood, a sharp, distinct line of demarcation indicates a rapid, intense fire.
Sagged furniture springs: because of the heat required for furniture springs to collapse from their own weight (1150F) and because of
the insulating effect of the upholstery, sagged springs are believed to be possible only in either afire originating inside the cushions (as from a
cigarette) rolling between the cushions) or an extrnal fire intensified by a fire accelerant.
Spalling: breaking off of pieces of the surface of concrete, brick or cement due to intense heat. Brown stains around the spall indicate the
use of fire accelerant.
Freezing of leaves: drying of leaves in a forest fire into their position at the time of the fire. Since the leaves turn during the day. “Some
persons regard this evidence as unreliable because of insufficient clinical and research conformation and the influence of the fire wind.”
One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation may be due to many causes which have nothing to do
with flammable liquids. He also points out that depths of char is strongly affected by factors other than burning time (such as temperature and
species of wood) and that much greater care must be taken in its interpretations than is frequently the case.

Olfactory Detection

Gasoline is a complex mixture of chemical compounds, the proportion of which vary with the source of the crude oil and the type of
process used in its manufacture. The sensitivity of the human nose to gasoline vapor appears to be on the order of one part per ten million. So that,
the nose is not sensitive.Another problem, called olfactory fatigue, is the tendency of the nose to lose its sensitivity to an odor after a prolonged or
intense exposure to it. Further, the odor of fire accelerants may be masked by other strong odor such as that of burnt debris or ammonia. In fact, in
one case an arsonist attempted to camouflage the presence of gasoline by mixing vanilla with it to mask the odor. Finally, it may be inconvenient or
impossible to search for accelerant odor with nose along with certain types of detector equipment.

Other Types of Accelerant


Explosive types of accelerant usually leave little or no residue, but there maybesome types of containers or parts of containers available;
metal parts such as pieces of pipe, wire, batteries, and parts of alarm clock. Evidence of forced entry, evidence of arson to cover up other crimes and
evidence of footprints or tire tracks (outside) should be carefully gathered and reserved. Do not take for granted that fingerprints will be destroyed by
the fire. Soot from the fire maybe perfect preservatives of fingerprints.
The arsonist may use material on hand such as newspapers, overstuffed furniture, or anything that burns easily. He may rearrange
anything available to provide a quick burning situation. He may use some type of petroleum accelerant on this material. If rearrange, fast-burning
materials are use without accelerants, a good photograph showing rearrangement may be sufficient. If some accelerant of petroleum product is
used, it will be necessary to place some of this material in glass or metal container and sealed for the crime lab to examine.

TRAFFIC ACCIDENT INVESTIGATION

1. GENERAL:

40 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


To know what question to ask and what to look for, you must have some fundamental bearing on accidents and their causes.
When you speak of traffic accident, everybody knows what you mean – SOMETHING WENT WRONG on the highway, either a wrecked
car, somebody injured or possibly killed.

In this relation, as traffic law enforcers, you should have knowledge of traffic accidents and their investigations.

2. TRAFFIC ACCIDENT INVESTIGATION DETERMINES THE FOLLOWING:

a. WHAT happened?
b. WHO were involved?
c. WHERE did it happen?
d. WHY did it happen?
e. HOW did the accident occur?
f. WHEN did the accident happen?

3. PURPOSES OF TRAFFIC ACCIDENT INVESTIGATION:

Accidents are generally investigated for four (4) main reasons, depending on who does the investigation:

a. Everyone involved is curious about the causes and circumstances of the accident.
b. Police are also interested in finding out whether there is enough evidence of law violation in the accident to take enforcement
action.
c. Claims attorneys and adjusters want to determine negligence on the part of the drivers involved in the accident so that damage
claims can be properly adjusted.
d. Officials and other want specific information about accidents to know how to prevent future accidents.

4. DEFINITIONS:

a. TRAFFIC – refers to the movement of persons, goods, or vehicles, either powered by combustion system or animal drawn, from
one place to another for the purpose of travel.
b. ACCIDENT – is that occurrence in a sequence of events which usually produces unintended injury, death, or property damage.
c. TRAFFIC ACCIDENT – an accident involving travel transportation on a traffic way.
d. MOTOR VEHICLE ACCIDENT – is any event that results in unintended injury or property damage attributable directly or
indirectly to the action of a motor vehicle or its loads. Included are:

1. Accidental injury from inhalation of exhaust gas;


2. Fires;
3. Explosion;
4. Discharge of firearm within the motor vehicle while in motion;
5. Collision between a motor vehicle and a railroad train or street car on stationary rails or tracks;
6. Failure of any part of the motor vehicle while the vehicle is in motion.

Excluded are:
1. Collision of a motor vehicle with an aircraft or water-craft in motion;
2. Injury or damage due to cataclysms (flood or sudden physical change of the earth surface);
3. Injury or damage while the motor vehicle is not under its power is being loaded on or unloaded from another conveyance.

e. MOTOR VEHICLE – is every device which is self-propelled and every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
f. TRAFFIC WAY – is the entire width between boundary lines of every way or place of which any part is open to the use of the
public for purposes of vehicular traffic as a matter of right or custom.
g. ROADWAY – the portion of a traffic way which is improved, designed or ordinarily used for vehicular travel, exclusive of the
shoulder.
h. KEY EVENT – an event on the road which characterizes the manner of occurrence of a motor vehicle traffic accident.
i. DEBRIS – is the accumulation of broken parts of vehicles rubbish, dust and other materials left at the scene of the accident by a
collision.
j. SKID MARKS – are marks left on the roadway by tires which are not free to rotate, usually because brakes are applied strong
and the wheels locked.
k. SCUFF MARKS – are signs left on the road by tires that are sliding or scrubbing while the wheel is still turning.
41 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
5. KINDS OF TRAFFIC ACCIDENTS:

1. Motor Vehicle Traffic Accident – is any motor vehicle accident occurring on a traffic way.
e.g. ordinarily collision between automobiles on a highway.

2. Motor Vehicle Non-Traffic Accident – is any motor vehicle accident which occurs entirely in any place other than a traffic way.
e.g. accident on a private driveway.

3. Non-Motor Vehicle Traffic Accident – is any accident occurring on a traffic way involving persons using the traffic way or travel or
transportation, but not involving a motor vehicle in motion.
e.g. pedestrian and cyclist in a traffic way.

6. CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENT ACCORDING TO KEY EVENT:

Running off road 1


Non-collision on road: Overturning 2
Other non-collision 3
Collision on road with: Pedestrian 4
Other motor vehicle in traffic 5
Parked motor 6
Railroad train 7
Bicycle 8
Animal 9
Fixed object 10
Other objects 11

7. CLASSIFICATION OF ACCIDENT ACCORDING TO SEVERITY:

a. Property Damage Accident – is any motor vehicle accident where three is no fatal or injury to any person but only damage to the
motor vehicle or to other property including injury to animals.
b. Slight – accident causing slight damages to properties.
c. Non-Fata Injury Accident – any motor vehicle accident that results in injuries other than fatal to one or more persons.
c.1 Less Serious – accidents causing less serious injuries to persons.
c.2 Serious – causing serious injuries to persons.
d. Fatal – any motor vehicle accidents that results in death to one or more persons.

8. TRAFFIC UNIT – is any person using a traffic way for travel, parking or other purposes as a pedestrian or driver, including any vehicle, or
animal, which he is using. It applies not only to motor vehicle but also to:

a. Pedestrians;
b. Cyclists;
c. Street cars;
d. Horse-drawn (animal-drawn) vehicles;
e. Farm tractors; and
f. Other road users in almost any combination.

Example: A traffic accident could involve a cyclist and a pedestrian.

9. CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENTS:

a. SIMULTANEOUS FACTORS:
1. Road conditions.
2. Drivers’ attitude or behavior
3. Weather condition.

b. SEQUENTIAL FACTORS:
42 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
1. Speed is greater or less than safe.
2. Defective vehicle (vehicle malfunction)

c. OPERATING FACTORS:
1. Road hazards
2. Driver’s non-compliance to traffic laws, rules and regulations.

d. PERCEPTION FACTORS:
1. Driver’s inability to react promptly to a situation.
2. Driver’s faulty action to escape collision course.

HAZARDS – A hazard is generated when a critical space-motion relationships between a traffic unit and another object develops due to
the movement of either or both. Example: A curve in the path is a hazard. Another traffic unit in the path is also a hazard.

SAFE SPEED – The speed adjusted to the potential or possible hazards or the road and traffic situation ahead. Safe speed on the road is
determined by the road rather than the particular driver of a vehicle. Example: A curve ahead is a hazard and a safe speed for it
is a speed at which it can be taken comfortably.

PERCEPTION OF HAZARD – Seeing, feeling, or hearing and understanding the unusual or unexpected movement or condition that could
be taken as a sight of an accident about to happen.

10. CHAIN OF EVENTS IN A VEHICULAR ACCIDENT:

For the purpose of reporting, traffic accident may usually be described well enough as a single occurrence but when accident is
investigated, attention is directed to particular stages of the occurrence.

In fact, an accident may be usually defined as a series of an expected events leading to damage or injury. One event usually
leads to another so that the series can be spoken of as a “chain of events”. Some of these events are described below:

a. Perception of hazard – is seeing, feeling, or hearing and understanding the usual or unexpected movement or condition that
could be taken as sign of the accident about to happen.

b. Start of evasive action – is the first action taken by a traffic unit to escape from a collision course or otherwise avoid a hazard.
c. Initial Contact – is a first accidental touching of an object collision course of otherwise avoid a hazard.
d. Maximum Engagement – is greatest collapse or overlap in a collision the force between the traffic unit and the object collided
with - are greatest at maximum engagement.
e. Disengagement – is separation of a traffic unit in motion from an object with which it has collided. Force between the object
ceases at this time.
f. Stopping – is coming to rest. It usually stabilizes the accident situation.
g. Injury – is receiving bodily harm.

POINT OF NO ESCAPE – is that place and time after or beyond which the accident cannot be prevented by the traffic unit under
consideration.

FINAL POSITION – is the place and time when objects involved in an accident finally come to rest without application of power.

OVER ALL PICTURE OF TRAFFIC ACCIDENT INVESTIGATION

* CHAIN OF EVENTS IN A VEHICULAR ACCIDENT

Perception of hazard

43 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Start of evasive action

Initial Contact

Maximum Engagement Point of no escape

Disengagement

Stopping

Final
Position
Injury

FIVE (5) LEVELS OF ACTIVITY IN ACCIDENT INVESTIGATION

a. Reporting
b. At-scene investigation
c. Technical, preparation
d. Professional reconstruction\
e. Cause analysis

SKIDMARKS: AS A TOOL IN TRAFFIC ACCIDENT INVESTIGATION

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

One of the main reasons for studying and measuring skid marks at the scene of a traffic accident is to get some idea how fast the car
which left these marks was going prior to the accident.

Estimates of speed based on skid marks sometimes lead to convictions in connection with an accident. On the other hand, knowing how
to estimate speed correctly may help to keep an innocent person from being convicted.

For example, skid marks 80 feet long were measured at an accident scene. A test skid made 20 miles per hour showed 20 feet long skid
marks.

It was argued in court that with skid marks 20 feet long from a speed of 20 miles per hour, the car must be going 80 miles per hour to leave
80 feet skid marks. The driver was unjustly convicted. His actual speed was more nearly half of that, or 40 miles per hour.

SPEED ESTIMATES

Because the minor factors are neglected, we can not calculate speeds precisely. We only estimate them. Some of the minor factors
would tend to give a higher speed and others a lower speed, and they would partly balance or cancel out.
44 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
MEASUREMENT OF SKIDMARKS

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

BASIC PRINCIPLES IN CALCULATING SPEEDS FROM SKIMARKS:

Energy and vehicle speed. An automobile moving at any speed possesses energy. As the speed of the vehicle increases, the resulting
energy developed is said to increase as the square of the ration of the increase in speed.

EXAMPLES:

20 kph = 40
30 kph = 90
40 kph = 160

STOPPING A MOTOR VEHICLE

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

TEST RUNS

In making calculations for speeds from skid marks, it is often necessary to conduct one or more test runs, using the vehicle involved in the
accident or, if it cannot be driven, another vehicle of similar characteristics may be used.

a. Conditions should be the same as those existing when the accident occurred. The character of the road, whether wet or dry, should be the
same.
b. Conduct tests on the same road surface and in the same direction.
c. The vehicle’s speedometer should be checked, and any difference from accurate calibrations should be noted.
d. A speed consistent with safety, such as 20 or 30 miles per hour, should be selected for the test run.
e. Brakes should be applied suddenly and as hard as possible when the car is moving at the selected test speed.
f. The length of each skid mark should be measured.
g. If a brake detonator is available, the total braking distance should be accurately determined using such equipment, either mechanically or
electrically operated.
h. Generally, it is advisable to conduct two or three tests at the selected speed. The test producing the longest braking distance, that which
favors the defendant most, is generally used in the calculation.
i. To avoid possible differences in the application of brakes by the driver, it may be advisable to have the driver of the accidents vehicle drive
the car in the test runs.

SPEED CALCULATION

a. When a vehicle is stopped solely by skidding, it is possible to calculate the speed of the vehicle at the beginning of the skid by using the
formula based on the principle that the skidding or braking distance vary as the square of the speed.

FORMULAS USED IN FINDING SPEED ESTIMATES:

The following are some of the formulas being used in conducting reconstruction, particularly the speed estimates (mph) to wit:

01. S = 5.5 . / DF = (speed on a level road)


02. S = 5.5. / DF = uphill or downhill
03. D = S2 / 30 F = Skid marks
45 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
04. F = S2 / 30 D = Drag Factor

WHERE:

S = speed (mph)
F = coefficient of friction (drag factor)
f = grade (1, 2, 4) or super elevation
D = distance (feet)

b. When accident vehicle cannot be driven.

When the vehicle is damaged so badly that if cannot be driven, part of the vehicle’s energy is expended in damaging the car and the
object struck.

A calculation of speed form skid marks left under these circumstances gives a speed based only on the amount of energy expended
in the skidding.

Consequently, the resulting speed value may be considerably less than the actual pre-accident speed, since it is not possible to
determine how much farther the vehicle would have skidded had there been no collision.

HIT AND RUN ACCIDENT INVESTIGATION

The objectives of the investigation of motor vehicle accident involving the flight of one of the participants in are two fold. First,
responsibility for the collision must be determined and secondly, the identity of the driver of the vehicle who fled the scene must be established.

What is Hit and Run Case?

Evading responsibility is a term commonly applied to a traffic accident in which a driver fails to comply with any of the duties required (Sec.
55 of RA 4136). Further, it states that no driver of a motor vehicle concerned in a vehicle accident shall leave the scene of the accident without aiding
the victim, except under any of the following circumstances:

a) If the driver is imminent danger of being seriously harmed by any person or persons by reason of the accident;
b) If the driver reports the accident to the nearest officers of the law; or
c) If the driver has to summon a physician or nurse to aid the victim.

TWO IMPORTANT CONSIDERATIONS

In any investigation of this kind of accident, two basic considerations must be kept in mind. These are:

a) The driver who flees the scene of an accident is not necessarily the driver responsible for the accident. His reason for flight are
often more important than the simple evasion of responsibility. He may be wanted for another crime, or intoxicated, or without a
valid license, etc.

b) The hit-and-run driver often will report the damage to his own vehicle as having been the result of another hit-and-run accident in
which some “other mysterious driver” fled without identifying himself. Similarly, it is not unusual for the hit-and-run driver to
abandon his vehicle and then report it stolen as a means of covering up his involvement in the accident.

As stated earlier, the basic objectives of these investigations are the identification of the driver who fled the scene. The discovery and
arrest of the driver, once identified generally comes after the location and of the vehicle.

However, the mere recovery of the vehicle does not always immediately establish the identity of the driver.

ELEMENTS OF HIT-AND-RUN CASES

a. You must prove suspect was driving the vehicle at the time of the accident. Even if you have witnesses to prove this, get evidence to
disprove his alibi.
b. Suspect was involved in an accident resulting in death, personal injury or damage to property.

46 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


c. Suspect failed to stop, give aid or information as to his identify to other person (s) involved, to police or to anyone at the accident scene; or
failed to take reasonable steps to notify the owner of damaged property other than a vehicle. Do not overlook the possibility of a simulated
second accident to explain damaged caused by the first accident.
d. Suspect had knowledge of the accident.

1. Physical evidence may prove the vehicle figured in the accident.


2. Extent of damage to vehicle. Extensive damage to vehicle would preclude allegation of lack of knowledge. If suspect refrained from
using his vehicle for several days since the accident, this would also indicate the guilt.
3. Guard against claims that the vehicle was stolen to evade responsibility.

DRUG EDUCATION AND VICE CONTROL


(NARCOTICS INVESTIGATION)

Definition of Terms

 Drug – is a chemical substance used as medicine or in the making of medicines, which affects the body and mind and have potential for
abuse.
 Chemical – is any substance taken into the body that alters the way and the mind and the body work.
 Chemical Abuse – is an instance when the use of chemical has produced negative or harmful consequences.
 Narcotic Drug – refers to illegally used drugs or dangerous drugs, which are either prohibited or regulated drugs. It also refers to drugs that
produces sleep or stupor and relieves pain due to its depressant effect on the CNS. The term Narcotic comes from the Greek word
“narcotikos”. It is sometimes known as “opiates”.
 Drug Abuse – is the illegal, wrongful or improper use of any drug.
 Drug Addiction – refers to the state of periodic or chronic intoxication produced by the repeated consumption of a drug.
 Drug Dependence – refers to the state of psychic or physical dependence or both on dangerous drugs following the administration or use
of that drug. WHO defines it as the periodic, continuous, repeated administration of a drug.
 Physical Dependence – an adaptive state caused by repeated drug use that reveals it self by development of intense physical symptoms
when the drug is stopped (withdrawal syndrome).
 Psychological Dependence – an attachment to drug use that arises from a drug ability to satisfy some emotional or personality needs of an
individual.
 Tolerance – is the increasing dosage of drugs to maintain the same effect in the body.
 Pusher – any person who sell, administer, deliver or give away to another, distribute, transport any dangerous drug.
 Use - the act of injecting, consuming, any dangerous drugs. The means of introducing the dangerous drug into the physiological system of
the body.
 Administer – the act of introducing any dangerous drug into the body of any person with or without his knowledge.
 Manufacture – the production, preparation, compounding or processing a dangerous drug either directly or indirectly or by extraction from
substances of natural origin or by chemical synthesis.
 Drug Experimenter – one who illegally, wrongfully, or improperly uses any narcotic substances for reasons of curiosity, peer pressure, or
other similar reasons.
 Drug Syndicate – It is a network of illegal drug operations operated and manned carefully by groups of criminals who knowingly traffic
through nefarious trade for personal or group profit.

Drug Abuse Jargons

 “Opiate” - Narcotic
 “On-the-Nod/ “Nodding” - the state produced by opiates like being suspended on the edge of sleep.
 “Mainline’/ “to shoot” - injecting a drug into the vein
 “A Hit” - the street slang for injection of drugs
 “Work” - an apparatus for injecting a drug
 “A Fix” - one injection of opiate
 “Juni” - heroin
 “Junkie” - an opiate addict
 “Skin popping” - to inject a drug under the skin
 “A Bag” - a pocket of drug
 “Cold Turkey” - the withdrawal effect that occurs after a repeated opiate use
 “Track” - scars on the skin left from the repeated injection of opiate
 “Overdose” - death occurs because the part of the brain that controls breathing becomes paralyzed.
47 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
 “Speed” - amphetamines
 “Speed Freaks” - amphetamine addicts
 “Uppers” - street slang for amphetamines
 “Rush” - the beginning of a high
 “High” - under the influence of drugs
 “Coke” - street slang for cocaine
 “Flashback” - user can be thrown back into the drug experience months after the original use of drug.
 “Acid” - slang term for LSD
 “Acid Head” - LSD user
 “Drop” - taking drug orally
 “Joint” - an MJ Cigar
 “Roach” - butt end of a joint
 “Stoned” - the intoxicating effect of a drug
 “Trip” - the name for the reaction that is caused by drugs
 “Head” - drug user
 “Downer” - street slang for depressant

WHAT ARE DRUGS?

A drug, as defined, is a chemical substance used as a medicine or in making medicines, which affects the body and mind and have
potential for abuse. Without an advice or prescription from a physician, drugs can be harmful.
Hundreds of pure chemicals have been developed plants and put into pills, capsules or liquid medicines. There are also two forms of
drugs, natural and synthetic/artificial. The natural drugs include natural plant leaves, flowering tops, resin, hashish, opium, and marijuana, while the
synthetic drugs are produced by clandestine laboratories which include those drugs that are controlled by law because they are used in the medical
practice. Physicians prescribe them and are purchased in the legitimate outlets like drugstores.
Drugs also help a person’s body and mind function better during an illness. But drugs have to be taken correctly in order to do these
things. The wrong drug or the wrong amount of the right one can make an illness, worse, destroy blood cells, damage the body and many cause
death. For this reason, most drugs can be legally purchased only with doctor’s written order called prescription. Only a medical doctor can prescribe
medicinal drugs. These drugs could be dangerous and must be used with care, according to the doctor’s prescription. He gives direction on how
much medicine to take and how often.

The practice of taking drugs without proper medicinal supervision is called the non-medical use of drugs or drug abuse.

A. THE PRESCRIPTIVE DRUGS

These are drugs requiring written authorization from a doctor to allow a purchase. They are prescribed according to the individual’s age,
weight and height and should not be taken by anyone else. It is a personal requirement and self-medication that should be strictly avoided. The
pharmacist should never allow the consumer to request them knowingly without first consulting a doctor.

Once again strict emphasis of following directions needs to be stated. In addition to dosage, the physician indicates both when and for how
long the medicine should be taken. Theses directions are intended to safeguard the patient from needlessly treating himself after his illness has been
brought under control or from prematurely stopping a drug because he thinks he is well. Since the chemistry of the body is subtle and variable, only a
physician should have the responsibility of prescribing and directing the use of drugs in the treatment of illnesses.

B. THE OVER - THE COUNTER - DRUGS (OTC)

These are non-prescription medicines, which may be purchased from any pharmacy or drugstore without written authorization from a
doctor. They are use to treat minor and short term illnesses and any persistent condition should be immediately referred to a physician. It should be
strongly emphasized that “directions” be closely followed and all precautions necessarily taken to avoid complications.
OTC drugs are used for the prevention and symptomatic relief of minor ailments. The precautions that must be observed when dispensing
OTCs are the following:

1. the correct drug with the correct drug content is given to the correct patient in the correct dosage form;
2. the pharmacist must counsel the patient to make sure that he/she takes the drugs correctly; and
3. the pharmacist must be aware of and know about the possible toxicity’s possessed by the OTC drugs to avoid food/drug
incompatibilities and overdoses.

OTCs must be used discriminately:


48 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
1. To avoid the dispensing of OTC to known identified habitual drug users.
2. To avoid complications, this is done by inquiring from the buyer of the drugs as to the identity of the patient, the patient’s age and other
information such as pregnancy, hypertension, etc.
3. Counseling the patient so as to avoid the “self-medication” syndrome by inquiring about the buyer’s source of information about the
drug.

C. The “Self-Medication Syndrome”

The “self-medication” syndrome is found in users and would be users of drugs whose sources of information are people or literature other
than doctors, pharmacists and health workers. These could be members of the family, relatives, and/or neighbors, all of whom may have previously
used the drug for their specific disease or disorder. Self-medication may work against the good of the user because it can lead to intoxication and
other adverse reactions.

Possible outcomes of self-medication are:

1. Adverse reaction towards the drug, such as allergies that may be mild or severe.
2. Possible non-response of the patient to the drug effectively due to incorrect drug usage.
3. Possible drug toxicities, through over dosage which may lead to severe reactions such as nausea, vomiting, rashes, etc.
4. Possible habit-forming characteristics due to periodic use of the drugs even when such are no longer needed.

HOW DRUGS WORK?

1. Minimal dose – amount needed to treat or heal, that is, the smallest amount of a drug that will produce a therapeutic effect.
2. Maximal dose – largest amount of a drug that will produce a desired therapeutic effect, without any accompanying symptoms of toxicity.
3. Toxic dose – amount of d rug that produces untoward effects or symptoms of poisoning
4. Abusive dose – amount needed to produce the side effects and action desired by an individual who improperly uses it
5. Lethal dose – amount of drug that will cause death

HOW DRUGS ARE ADMINISTERED?

The common methods of administration are the following:

1. Oral – this is the safest most convenient and economical route whenever possible. There are however, drugs, which cannot be
administered this way because they are readily destroyed by the digestive juices or because they irritate the mucous lining of the gastro-
intestinal tract and induce vomiting.
2. Injection – this form of drug administration offers a faster response than the oral method. It makes use of a needle or other device to
deliver the drugs directly into the body tissue and blood circulation.
3. Inhalation – this route makes use of gaseous and volatile drugs, which are inhaled and absorbed rapidly through the mucous of the
respiratory tract.
4. Topical – this refers to the application of drugs directly to a body site such as the skin and the mucous membrane.
5. Iontophoresis – the introduction of drugs into the deeper layers of the skin by the use of special type of electric current for local effect.

THE CONCEPT OF TOXICOLOGY

A drug may cause effects because of any of the following:

1. Overdose – when too much of a drug in taken, there may be an over extension of its effects.
2. Allergy – some drugs cause the release of histamine giving rise to allergic symptoms such as dermatitis, swelling, fall in blood pressure,
suffocation and death.
3. Idiosyncrasy – for unexplained reasons, morphine, which sedates all men, stimulates and renders some women some maniacal. Perhaps
the phrase “catty woman” has pharmacological basis since most mammals are sedated by morphine but some cats become extremely
excited by it.
4. General Protoplasmic Poison Property – drugs are chemicals and some of them have the property of being general protoplasmic
poisons.
5. Side Effects – some drugs are not receptors for one organ but receptors of other organs as well. The effect in the other organ may
constitute a side effect, which is unwanted.

49 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Concept of Drug Abuse

The term Drug Abuse most often refers to the use of a drug with such frequency that it causes physical or mental harm to the user or
impairs social functioning. Although the term seems to imply that users abuse the drugs they take, in fact, it is themselves or others they abuse by
using drugs.

Concept of Drug Dependence

Drug abuse must be distinguished from drug dependence. Drug dependence, which is sometimes called drug addiction, is defined by basic
three characteristics (Groiler, 1995). The users continue to take a drug over an extended period of time. Just the long this period is dependent on the
drug and the user.

Concept of Drug Addiction

Drug addiction is a state of mind in which a person has lost the power of self-control in respect of a drug. He consumes the drug repeatedly
leaving aside all values of life. In other words a drug addict will resort to crime even, to satisfy his repeated craving for the drug. The effects of
addiction are mainly deteriorative personality Changes. They include insomnia, instability, lack of self-confidence especially when not under the
influence of drug. The addict can not concentrate on any work. He avoids social contacts. Slowly, mentally, physically, and morally he becomes from
bad to worse and a burden to the society.

One or more of the following attributes characterizes drug addiction:

1. Compulsion/ Uncontrollable Craving – the addict feels a compulsive craving to take drug repeatedly and tries to procure the same by
any means.
2. Tolerance – it is the tendency to increase the dose of the drug to produce the same effect as to that of the original effect.
3. Addiction – the addict is powerless to quit drug use.
4. Physical Dependence – the addict’s physiological functioning is altered. The body becomes sick, inactive and incapable of carrying out
useful activity in the absence of the drug. The withdrawal syndromes will occur once the drug use is stopped.
5. Psychological Dependence – Emotional and mental discomfort exist to the individual. The drug addict feels he can not do without the
drug, consequently if he does not take the drug his mental processes are affected. He can not carryout his work efficiently.
6. Withdrawal Syndrome – The addict becomes nervous and restless when he does not get the drug. After about 12 hours, he starts
sweating. His nose and eyes becomes watery and continue doing so increasingly for another twelve hours. It is followed by vomiting, diarrhea, loss
of appetite and sleep. Respiration, blood pressure and body temperature also rises. This will continue up to three days. After which, the trouble starts
subsiding and most of it is gone in about a week’s time. Complete recovery takes place in three to six months.

How Addiction is acquired?

People have generally different motivation in life. The young ones are very much adventurous and some of them have strong attraction in
Drug-taking, because these “Space are era belongs to them so to speak, thus, the “IN” thing these days are drugs. To see drug abusers around
seemed to be of a common sight.

The drug habit is acquired in three ways: 1. Association; 2. Experimentation; 3. Inexperienced doctors

Likewise, addiction may be acquired through:

1. Habituation – closely related to euphoric effect, and the relief of pain or emotional discomfort.
2. Toleration – the necessity to increase the dose to obtain an effect equivalent to the original dose.
3. Dependence – the altered physiological state brought about by the repeated administration of the drug, which necessitates the
continued use of the drug to avoid withdrawal syndrome.

What are the Group Classifications of Drug Abusers?

1. Situational Users – those who use drugs to keep them awake or for additional energy to perform an important work. Such individual
may or may not exhibit psychological dependence.
2. Spree Users – school age users who take drugs for “kicks’, an adventurous daring experience, or as a means of fun. There may be
some degree of psychological dependence but little physical dependence due to the mixed pattern of use.
3. Hard Core Addicts – those, whose activities revolve almost entirely around the drug experience and securing supplies. They show
strong psychological dependence on the drug.
50 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
4. Hippies – those who are addicted to drugs believing that drug is an integral part of life.

THE GLOBAL DRUG SITUATION

A. The 1st Important Drug Traffic Route

Middle East – discovery, plantation, cultivation, harvest


Turkey - preparation for distribution
Europe - manufacture, synthesis, refine
U.S. - Marketing

B. The 2nd Major Drug Traffic Route

A. Drugs that originates from the Golden Triangle

Burma/Myanmar

Laos Thailand

B. Drugs that originates from the Golden Crescent

- Iran
- Afghanistan
- Pakistan
- India

D. Organized Crime Groups behind the Global Drug Scene

Columbian Medellin Cartel

Founded during the 1980’s by Colombian drug lords in the name of Pablo Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez
Gacha and the top aid cocaine barons Juan David and the Ochoa Brothers.

The Medellin Cartel is reputedly responsible for organizing world’s drug trafficking network. The Columbian government succeeded
in containing the Medellin Cartel, which resulted in the death, surrender, and arrest of the people behind the organization. This further resulted to the
disbandment of the Cartel led to its downfall.

Cali Cartel

The downfall of the Columbian Medellin Cartel is the rise of the Cali Cartel - the newly emerged cocaine monopoly. Gilberto Rodriquez
Orajuela –Don Chepe - “the chess player” heads the syndicated organization. Under him, the Cali cartel was considered the most powerful criminal
organization in the world.
The cartel produces over 90% of cocaine in the world. Due to this, it was called the best and the brightest of the modern underworld. “
They are professionals of the highest order, intelligent, efficient, imaginative, and nearly impenetrable” – US - Drug Enforcement Agency.

The Chinese Triad

The Chinese Triad is also called the Chinese Mafia – the oldest and biggest criminal organization in the world. It is believed to be the
controller of the “Golden Triangle”.

Drug Syndicates in the Philippines

51 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


The Binondo-based Chinese syndicate has been identified as the nucleus of the Triad Society, the Bamboo gang based in Taiwan and the
14K based in Hong Kong. The Bamboo Gang is the influence of the Green Gang of the Chinese Triad while the 14K is the newest among the triads
families established only in 1947.

The most common “modus operandi” by the syndicates – posing as fishermen along Philippine seas, particularly, the northern provinces of
Luzon such as La Union, Ilocos, and Pangasinan where they drop their loads of shabu to shoreline based members. The syndicates are famously
involved in marijuana cultivation and other drug smuggling including drug manufacture.

THE DANGEROUS DRUGS

A. According to Effects

1. Depressants – those that depress the CNS


2. Stimulants – those that stimulate the CNS
3. Hallucinogens – those that distort perception, mind; alter moods

B. According to Medical Pharmacology

1. Depressants
2. Narcotics
3. Tranquilizers
4. Stimulants
5. Hallucinogens
6. Solvents/Inhalants

The Depressants (Downers)

These are group of drugs, which suppress vital body functions especially those of the brain or central nervous system with the resulting
impairment of judgment, hearing, speech and muscular coordination. They dull the minds, slow down body reactions to such an extent that
accidental deaths and/or suicides usually happen. They include the narcotics, barbiturates, tranquilizers, alcohol and other volatile solvents. These
drugs, when taken in, generally decrease both the mental and the physical activities of the body. They cause depression, relieve pain and induce
sedation or sleep and suppress cough.

1. Narcotics - are drugs, which relieve pain and produce profound sleep or stupor. Medically, they are potent painkillers, cough
depressants and as an active component of anti-diarrheal preparations. Opium and it derivatives like morphine, codeine and heroin,
as well as the synthetic opiates, meperidine and methadone, are classified as narcotics.
2. Opium – derived from a poppy plant – Papaver somniferum popularly known as “gum”, “gamot”, “kalamay” or “panocha”.
3. Morphine - most commonly used and best used opiate. Effective as a painkiller six times potent than opium, with a high dependence
– producing potential. Morphine exerts action characterized by analgesia, drowsiness, mood changes, and mental clouding.
4. Heroin – is three to five times more powerful than morphine from which it is derived and the most addicting opium derivative. With
continued use, addiction occurs within 14 days. It may be sniffed on swallowed but is usually injected in the veins.
2. Codeine – a derivative of morphine, commonly available in cough preparations. These cough medicines have been widely abused by
the young whenever hard narcotics are difficult to obtain. Withdrawal symptoms are less severe than other drugs.
3. Paregoric – a tincture of opium in combination with camphor. Commonly used as a household remedy for diarrhea and abdominal
pain.
4. Demerol and Methadone – common synthetic drugs with morphine – like effects. Demerol is widely used as a painkiller in childbirth
while methadone is the drug of choice in the withdrawal treatment of heroin dependents since it relieves the physical craving for
heroin.
5. Barbiturates – are drugs used for inducing sleep in persons plagued with anxiety, mental stress, and insomnia. They are also of
value in the treatment of epilepsy and hypertension. They are available in capsules, pills or tablets, and taken orally or injected.
6. Seconal – commonly used among hospitality girls. Sudden withdrawal from these drugs is even more dangerous than opiate
withdrawal. The dependent develops generalized convulsions and delirium, which are frequently associated with heart and respiratory
failure.
7. Tranquilizers – are drugs that calm and relax and diminish anxiety. They are used in the treatment of nervous states and some
mental disorders without producing sleep.
8. Volatile Solvents – gaseous substances popularly known to abusers as “gas”, “teardrops”. Examples are plastic glues, hair spray,
finger nail polish, lighter fluid, rugby, paint, thinner, acetone, turpentine gasoline, kerosene, varnishes and other aerosol products.
They are inhaled by the use plastic bags, handkerchief or rags soaked in these chemicals.

52 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


9. Alcohol – the king of all drugs with potential for abuse. Most widely used, socially accepted and most extensively legalized drug
throughout the world. In the field of medicine, it is “valuable” as disinfectant, as an external remedy for reducing high fever among
children, and as preservative and solvent for pharmaceutical preparations like elixirs, spirits and tincture.

The Stimulants (Uppers)

They produce effects opposite to that of depressants. Instead of bringing about relaxation and sleep, they produce increased mental
alertness, wakefulness, reduce hunger, and provide a feeling of well being. Their medical users include narcolepsy – a condition characterized by an
overwhelming desire to sleep. Abrupt withdrawal of the drug from the heavy abuser can result in a deep and suicidal depression.
1. Amphetamines – used medically for weight reducing in obesity, relief of mild depression and treatment
2. Cocaine – taken orally, injected or sniffed as to achieve euphoria or an intense feeling of “highness”.
3. Caffeine – it is present in coffee, tea, chocolate, cola drinks, and some wake-up pills.
4. Shabu/ “poor man’s cocaine” – chemically known as methamphetamine. It is a central nervous system stimulant and sometimes
called “upper” or “speed”. It is white, colorless crystal or crystalline powder with a bitter numbing taste. It can be taken orally, inhaled
(snorted), sniffed (chasing the dragon) or injected.
5. Nicotine – an active component in tobacco, which acts as a powerful stimulant of the central nervous system. A drop of pure nicotine
can easily kill a person.

The Hallucinogens (Psychedelic)

Consists of a variety of mind-altering drugs, which distort reality, thinking and perceptions of time, sound, space and sensation. The user
experiences hallucination (false perception), which at times can be strange. His “trips” may be exhilarating or terrifying good or bad. They may
dislocate his consciousness and change his mood, thinking and concept of self.

1. Marijuana – It is the most commonly abused hallucinogen in the Philippines because it can be grown extensively in the country. Many
users choose to smoke marijuana for relaxation in the same way people drink beer or cocktail at the end of the day. The effects of
marijuana include a feeling of grandeur. It can also produce the opposite effect, a dreamy sensation of time seeming to stretch out.
2. Lysergic Acid Diethylamide (LSD) – This drug is the most powerful of the psychedelics obtained from ergot, a fungus that attacks
rye kernels. LSD is 1, 000 times more powerful than marijuana as supply, large enough for a trip can be taken from the glue on the
flab of an envelope, from the paste of a postage stamp, or from the hidden areas inside one’s clothes. LSD causes perceptual
changes so that the user sees colors, shapes, or objects more intensely than normal and may have hallucinations of things that are
not real. To him real objects seem to change, buildings seem to be crackling open, and walls pulsating. He experiences frequent
bizarre hallucinations, loss spatial perceptions, personality diffusion and changes in values. Usually, users perceive distortion of time,
colors, sounds and depth. They experience “scent” music and sounds in “colors”.
3. Peyote – Peyote is derived from the surface part of a small gray brown cactus. Peyote emits a nauseating odor and its user suffers
from nausea. This drug causes no physical dependence and, therefore, no withdrawal symptoms, although in some cases
psychological dependence has been noted.
4. Mescaline – It is the alkaloid hallucinogen extracted from the peyote cactus and can also be synthesized in the laboratory. It
produces less nausea than peyote and shows effects resembling those of LSD although milder in nature. One to two hours after the
drug is taken in a liquid or powder form, delusions begin to occur. Optical hallucinations follow one upon another in rapid succession.
These are accompanied by imperfect coordination and perception with a sensation of impeded motion, and a marked sense that time
is still standing. Mescaline does not cause physical dependence.
5. STP – It is a take-off on the motor oil additive. It is a chemical derivative of mescaline claimed to produce more violent and longer
effects than mescaline dose. Its effects are similar to the nerve gas used in chemical warfare. It is less potent than LSD although its
effects are similar to those of psychedelics.
6. Psilocybin – This hallucinogenic alkaloid from small Mexican mushrooms are used by Mexican Indians today. These mushrooms
induced nausea, muscular relaxation, mood changes with visions of bright colors and shapes, and other hallucinations. These effects
may last for four to five hours and later may be followed by depressions, laziness, and complete loss of time and space perceptions.
7. Morning Glory Seeds – The black and brown seeds of the wild tropical morning glory that are used to produce hallucinations. The
seeds are ground into flour, soaked in cold water, then strained though a cloth and drunk. They are sold under the names of
“heavenly blues”, “flying dancers’, and “pearly gates”. The active ingredient in the seed is similar to LSD although less potent. The
reactions are likened to those resulting from LSD. Prolonged psychosis is also one of its effects.

THE EFFECTS OF DRUG ABUSE

1. PHYSICAL EFFECTS

53 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


a. Malnutrition – The life of an addict revolves around drug use. He misses even his regular meals. He losses appetite and eventually
develops malnutrition. Likewise, the drug dependent who has tried on his own to withdraw may suffer from severe gastrointestinal
disturbance that results to severe dehydration.
b. Skin Infections and Skin Rashes - Oftentimes the drug abuser neglects his personal hygiene, uses unsterilized needles and
syringes that result in skin infections or even ulceration at the sites of the needle puncture. Skin rashes may even occur as a side
effect or sensitivity reaction to certain drugs of abuse.

Infectious diseases, such as tuberculosis, bronchitis, bronchial asthma, viral hepatitis, sequelae of drug abuse. Marijuana
smoking can produce physical conditions like chronic bronchitis and asthma. Physically ill persons, like a tuberculosis individual who has
suffered so much from his illness may resort to drug taking as a temporary measure for relief. A drug abuser, because of his use of
unsterilized paraphernalia, tends to develop lowered resistance and becomes susceptible to various infections, among them are viral
hepatitis, and HIV infections/AIDS. An individual suffering from arthritis or terminal cancer who experiences acute, unbearable pains and
insomnia is likely to become a drug dependent to opiates or sedatives.

2. PSYCHOLOGICAL EFFECTS
a. Deterioration of personality with impaired emotional maturation.
b. Impairment of adequate mental function.
c. Loss of drive and ambition.
d. Development of psychosis and depression.
e. Loss of interest to study.
f. Laziness, lethargy, boredom and restlessness.
g. Irritability, rebellious attitude.
h. Withdrawn forgetfulness.

3. SOCIAL EFFECTS
a. Deterioration of interpersonal relationship and development of conflict with authority.
b. Leads to crime.
c. Social maladjustment; loss of desire to work, study and participate in activities or to face challenges.

4. MENTAL EFFECTS

a. Adverse effect on the central nervous system. Regular use or injection of large doses of a substance reduces the activity of the
brain and depresses the central nervous system. The drug dependent then manifests changes in his mind and behavior that are
undesirable by people in his environment.
b. Deterioration of the mind.

The dependent is a “mental invalid” in the sense that drugs can manipulate him, make him lose his power, and prod him to behave
contrary to what he usually think is right. These drugs are essentially reality modifiers, which create a masked sense of well being by either dulling or
distorting sensory perceptions and providing a temporary means of escape from personal difficulties, either real or imaginary. They can reduce or
accelerate activity to create indifference, depressive mood, or carelessness.

As a result, the abuser’s mind deteriorates gradually. In other instances, he abruptly loses interest and motivation in the pursuit of
achievement and constructive goals.

Instead of providing him relaxation and escape from discomfort, drug, alcohol and tranquilizers may blur his attempts to come to terms with
reality. His character becomes weak and inadequate in coping with his problems.

5. ECONOMIC EFFECTS

a. Inability to hold stable job - It is impossible for a drug abuser to hold a steady job since he spends all his time and money on
drugs. If he does not have a regular job, he and his friends steal to raise money. If he has one, he would be unable to
concentrate since he would be either over-stimulated or lazy and drowsy.

b. Dependence on family resources - Instead of contributing to the economic stability of the family, a dependent becomes an
economic burden. Besides depending on the family for his basic necessities, he also has to rely on the family resources to
provide him money for the support of his expensive habit.

54 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


c. Accidents in industry - In a state of agitation or dullness of the mind as a result of the drug he has taken, the dependent
becomes careless and loses concentration on his job. Consequently, an accident may occur which may adversely affect both
drug abuser and his co-workers.

SYMPTOMS OF ABUSE ON THE DANGEROUS DRUGS

COMMON EFFECTS/SYMPTOMS OF DRUG ABUSE

Effects Downers (depressants) Uppers (stimulants) Psychedelics


(hallucinogens)
Changes in the eyes Pupils constricted Dilated Marijuana – no change in
pupils but the conjunctivae
are red because of dilation
of the vessels of the eyes.
Other hallucinogens –
pupils are dilated.
Locomotive changes Decrease Increase None

Speech Under-productive, Under- Talkative, Loquacious with None


talkative flight of ideas
Hallucination None None Present usually in visual
field
Delusion None Usually encountered Sometimes encountered
Vital signs i.e. temperature, Low High Usually no change
blood pressure, pulse rate,
respiratory rate

1. DEPRESSANTS

a. Narcotics
1. lethargy, drowsiness
2. pupils are constricted and fail to respond to light
3. inhaling heroin in powder form leaves traces of white powder around nostrils causing redness
4. injecting heroin leaves scars, usually on the inner surface of the arms and elbows although user may inject drug in the body
where needle marks will not be seen readily
5. user often leaves syringes, bent spoons, bottle caps, eye droppers, cotton and needles in lockers at school or hidden at home
6. user scratches self frequently
7. loss if appetite
8. sniffles, running nose, red watery eyes, coughing which disappears when user gets a “fix”

b. Barbiturates/Tranquilizers
1. symptoms of alcohol intoxication without odor or alcohol on breath
2. staggering or stumbling
3. falling asleep unexplainably
4. drowsiness, may appear disoriented
5. lack of interest in school and family activities

c.
Volatile Solvents
1. odor of substance on breath and clothes
2. excessive nasal secretions, watering of eyes
3. poor muscular control
4. increased preference for being with a group rather than being alone
5. plastic or paper bags or rags, containing dry plastic cement or other solvent, found at home or in locker at school or at work
6. slurred speech
2. STIMULANTS

a. Amphetamines/Cocaine/Speed/Bunnies/Ups
1. pupils may be dilated
55 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
2. mouth and nose dry, bad breath; licks lips frequently
3. goes long periods without eating or sleeping; nervous; has difficulty sitting still
4. chain smoking
5. if injecting drug, user may have hidden eye droppers and needles among possessions

b. Shabu
1. produces elevations of mood, heightened alertness and increased energy
2. some individuals may become anxious, irritable or loquacious
3. causes decreased appetite and insomnia

3. HALLUCINOGENS

a. Marijuana
1. may appear animated with rapid, loud talking and bursts of laughter
2. sleepy or stuporous
3. pupils are dilated
4. odor(similar to burnt rope) on clothing or breath
5. remnants of marijuana, either loose or in partially smoked “joints” in clothing or possessions

b. LSD/STP/DMT/THC
1. user usually sits or reclines quietly in a dream or trance – like state
2. user may become fearful and experience a degree of terror which makes him attempt to escape from his group
3. senses of sight, hearing, touch, body image and time are distorted
4. mood and behavior are affected, the manner depending upon emotional and environmental condition of the user

APPROACHES TO THE DRUG PROBLEM

The present nature and extent of drug abuse and misuse among the youth constitutes one of the gravest health problems facing the nation
and the world today. Public concern about drug abuse is focused not only on drugs that can be abused but also on the individual who misuses them.

Today, there are many measures undertaken by both the private and the government sectors in the fight against drug abuse as a disease
of society. This includes the major approaches as follows:

THE LAW ENFORCEMENT APPROACH

The Philippine government considers drug abuse as a multi-faceted problem that threatens the health and well being of the Filipinos
across all levels of society. The Comprehensive Dangerous Drugs Act of 2002 or Republic Act No. 9165 was enacted to add more teeth on the
government response to the ongoing problem on drug abuse in the country. This is the major arm of the government in its law enforcement
approaches that derived from the supply and demand reduction strategies.

REPUBLIC ACT NO. 9165: Important Features

R.A. 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Approved on June 7, 2002 - Effective July 4, 2002)

What is Dangerous Drug under this law?

Includes those listed in the schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and
the schedules annexed to the 1971 Single Convention on Psychotropic Substances (Art 1, Sec. 3).

Ex. MMDA – Methylenedioxymethamphetamine (Ecstacy), Tetrahydrocannabinol (MJ); Mescaline (Peyote)

What are the Controlled Precursors and Essential Chemicals?

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances (Art
1, Sec 3)

Ex. Table 1 – Acetic Anhydride, N- Acetyl Anthranilic Acid, Epedrine, Ergometrine, Lysergic Acid
Table 2 – Acetone, Ethyl Ether, Hydrochloric Acid, Sulfuric Acid, etc.

56 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


NOTE:

Under RA 6425 (Dangerous Drugs Act of 1972), Dangerous drugs refers to the Prohibited drugs, Regulated drugs and Volatile substances.
Prohibited Drugs – ex. Opium and its derivatives, Cocaine and its derivatives, Hallucinogen drugs like MJ, LSD, and Mescaline
Regulated drugs – ex. Barbiturates, Amphetamines, Tranquillizers
Volatile Substances – ex. rugby, paints, thinner, glue, gasoline

Table 8. What are the Unlawful Acts and Penalties?

Unlawful Acts Penalty


Importation of Dangerous drugs and/or Controlled Precursors and Life Imprisonment to Death and a fine ranging from P500, 000 to P10
Essential Chemicals (sec. 4) Million
Sale, Trading, Administration, Dispensation, Delivery, Distribution and Life Imprisonment to Death and a fine ranging from P500, 000 to P10
transportation of Dangerous Drugs and/or Controlled Precursors and Million
Essential Chemicals (sec. 5)
Maintenance of a Den, Dive or Resort where dangerous drugs are Life Imprisonment to Death and a fine ranging from P500, 000 to P10
used or sold in any form (sec. 6) Million
Being an employee or visitor of a den, dive or resort (sec. 7) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging
from P100, 000 to P500, 000.
Manufacture of dangerous Drugs and/or Controlled Precursors and Life Imprisonment to Death and a fine ranging from P500, 000 to P10
Essential Chemicals (sec. 8) Million

Illegal Chemical Diversion of Controlled Precursors and Essential Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging
Chemicals (sec. 9) from P100, 000 to P500, 000.
Manufacture or Delivery of Equipment, Instrument, Apparatus and Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging
other Paraphernalia for Dangerous Drugs and/or Controlled from P100, 000 to P500, 000.
Precursors and Essential Chemicals (sec. 10)
Possession of Dangerous Drugs Life Imprisonment to Death and a fine ranging from P500, 000 to P10
(sec. 11) Million

Possession of Equipment, Instrument, Apparatus and other Imprisonment ranging from 6 mos and 1 day to 4 yrs and a fine ranging
Paraphernalia for Dangerous Drugs from P10, 000 to P50, 000
(sec. 12)
Possession of dangerous Drugs during Parties, Social Gatherings or The maximum penalties provided for Sec. 11.
Meetings (sec. 13), and
Possession of Equipment, Instrument, Apparatus and other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings
or Meetings (sec. 14)
Use of Dangerous Drugs (sec. 15) Minimum 6 mos rehabilitation (1st offense),
Imprisonment ranging from 6 yrs and 1 day to 12 yrs and a fine ranging
from P50,000 to P200, 000 (2nd Offense)

NOTE:

Section 15 shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug
provided in sec.11, in which case the penalty provided in sec. 11 shall apply.

Cultivation of Plants classified as dangerous drugs or are sources Life Imprisonment to Death and a fine ranging from P500, 000 to P10 Million
thereof (sec. 16)
Failure to comply with the maintenance and keeping of the original Imprisonment ranging from 1 yr and 1 day to 6 yrs and a fine ranging from
records of transaction on any dangerous drugs and/or controlled P10, 000 to P50, 000
precursors and Essential Chemicals on the part of practioners, Plus revocation of license to practice profession.
manufacturers, wholesalers, importers, distributors, dealers, or
retailers (sec. 17)
Unnecessary Prescription of Dangerous Drugs (sec. 18) Imprisonment ranging from 12 yrs and 1 day to 20 yrs and a fine ranging
57 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
from P100, 000 to P500, 000.
Plus revocation of license to practice profession
Unlawful Prescription of Dangerous Drugs (sec.19) Life imprisonment to Death and a fine ranging from P500, 000 to 10 Million
pesos

NOTE:

The Possession of Dangerous drugs in the following quantities, regardless of degree of purity: 10 grams or more of opium; morphine;
heroin; cocaine; MJ resin; 10 grams or more of MMDA, LSD and similar dangerous drugs; 50 grams or more of “shabu”/ Methamphetamine
Hydrochloride; 500 grams or more of Marijuana.

If the quantity involved is less than the foregoing, the penalties shall be graduated as follows:
1. Life imprisonment and a fine ranging from P400, 000 to P500, 000 if “shabu” is 10 grams or more but less than 50 grams;
2. Imprisonment of 20 yrs and 1 day to Life imprisonment and a fine ranging from P400, 000 to P500, 000 if the quantities of dangerous
drugs are 5 grams or more but less than 10 grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, and 300 grams or more but less
than 500 grams of marijuana
3. Imprisonment of 12 yrs and 1 day to 20 yrs and a fine ranging from P300, 000 to P400, 000 if the quantities of dangerous drugs are less
than 5 grams of opium, morphine, heroin, cocaine, mj resin, shabu, MMDA, and less than 300 grams of marijuana.

The Unlawful Acts Punishable by Death Penalty


(Prior to the abolition of Death Penalty)

1. Importation or bringing into the Philippines of dangerous drugs using diplomatic passport or facilities or any means involving his/her official
status to facilitate unlawful entry of the same (sec 4, Art II).
2. Upon any person who organizes, manages or acts as “financiers” of any of the activities involving dangerous drugs (sec 4, 5, 6, 8 Art II).
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals with in 100 meters from the school (sec 5, Art II).
4. Drugs pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers or in any other capacity directly
connected to the dangerous drug trade (sec 5, Art II).
5. If the victim of the offense is a minor or mentally incapacitated individual, or should a dangerous drug and/or controlled precursors and
essential chemical involved in the offense be the proximate cause of death of the victim (sec 5, Art II).
6. When dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place (sec 6, Art II).
7. Upon any person who uses a minor or mentally incapacitated individual to deliver equipment, instrument, apparatus and other
paraphernalia for dangerous drugs (sec. 10, Art II).
8. Possession of dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 13), and Possession of Equipment, Instrument,
Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings (sec. 14)

What is the Dangerous Drugs Board (DDB)?

The DDB is the policy-making body and strategy-making body in the planning and formulation of policies and programs on drug prevention
and control. (under the Office of the President) (sec. 77, Art IX)

Composition: 17 members (3 as permanent, 12 as ex-officio, 2 regular members)(sec. 78, Art IX)


3 permanent members: to be appointed by the President, one to be the Chairman.
12 ex officio members: Secretary of DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, and DepEd, Chairman of CHED, NYC,
Dir.Gen of PDEA.
2 regular members: President of the IBP, and the Pres/Chaiman of an NGO involved in a dangerous drug campaign to be appointed by the
President.

The NBI Director the Chief of the PNP – permanent consultant of the Board.

What are the Powers and Duties of the DDB?


(sec. 81, Art IX)

1. Formulation of Drug Prevention and Control Strategy,

58 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


2. Promulgation of Rules and Regulation to carry out the purposes of this Act,
3. Conduct policy studies and researches,
4. Develop educational programs and info drive,
5. Conduct continuing seminars and consultations,
6. Design special training,
7. Coordination with agencies for community service programs,
8. Maintain international networking.

What is the PDEA?

PDEA means Philippine Drug Enforcement Agency.

It is the implementing arm of the DDB and responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drugs and/ or precursors and essential chemicals.

Head: Director General – appointed by the President


Assisted By: 2 Deputies Director General (one for Admin, another for Opns) – appointed by the President (sec. 82, Art IX).

PDEA Operating Units:


It absorbed the NDLE-PCC (created under E.O. 61), NARCOM of the PNP, Narcotics Division of the NBI, and the Customs Narcotics
Interdiction Unit (sec. 86, Art IX).

What are the Powers and Functions of the PDEA?


(sec. 84, Art IX)

1. Cause the effective and efficient implementation of the national drug control strategy,
2. Enforcement of the provisions of Art II of this Act,
3. Undertake investigation, make arrest and apprehension of violators and seizure and confiscation of dangerous drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug agencies.

Other Features of R.A 9165

1. In the revised law, importation of any illegal drug, regardless of quantity and purity or any part therefrom even for floral, decorative and
culinary purposes is punishable with life imprisonment to death and a fine ranging from P500, 000 to P10 million.

2. The trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs is also punishable by life
imprisonment to death and a fine ranging from P500, 000 to P10 million.

3. Any person who shall sell, trade, administer, dispense, deliver, give away to another or distribute, dispatch in transit or transport any
dangerous drugs regardless of quantity and purity shall be punished with life imprisonment to death and a fine ranging from P500, 000 to
P10 million.
 But if the sale, administration, delivery, distribution or transportation of any of these illegal drugs transpires with in 100
meters from any school, the maximum penalty shall be imposed.
 Pushers who use minors or mentally incapacitated individuals as runners, couriers, and messengers or in dangerous
drug transactions shall also be meted with the maximum penalty.
 A penalty of 12 yrs to 20 yrs imprisonment shall be imposed on financiers, coddlers, and managers of the illegal
activity.

4. The law also penalizes anybody found in possession of any item or paraphernalia used to administer, produce, cultivate, propagate,
harvest, compound, convert, process, pack, store, contain or conceal illegal drugs with an imprisonment of 12 yrs to 20 yrs and a fine of
P100, 000 to P500, 000.

5. Owners of resorts, dives, establishments, and other places where illegal drugs are administered is deemed liable under this new law, the
same shall be confiscated and escheated in favor of the government.

59 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


6. Any person who shall be convicted of violation of this new law, regardless of the quantity of the drugs and the penalty imposed by the court
shall not be allowed to avail the privilege provisions of the Probation Law (P.D. 968).

(sec.58, Art VIII) Filing of charges against a drug dependent for confinement and rehabilitation under voluntary submission program can be made:

1. second commitment to the center


2. upon recommendation of the DDB
3. may be charge for violation of sec. 15
4. if convicted – confinement and rehabilitation

Parents, spouse or guardian who refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a
drug dependent may be cited for Contempt of Court (sec. 73, Art VIII).

Anti-Drug Drives and Operational Concepts

The Operational Plans (OPLANS) against the Drug Problem are:

1. Oplan Thunderbolt I –operation to create impact to the underworld


2. Oplan Thunderbolt II –operations to neutralize suspected illegal drug laboratories
3. Oplan Thunderbolt III – Operations for the neutralization of big time drug pushers’ drug dealers and drug lords.
4. Oplan Iceberg – Special operations team in selected drug prone areas in order to get rid of illegal drug activities in the area.
5. Oplan Hunter – operations against suspected military and police personnel who are engage in illegal drug activities.
6. Oplan Mercurion – Operations against drug stores, which are violating existing regulations on the scale of regulated drugs in coordination
with the DDB, DOH and BFAD.
7. Oplan Tornado – Operations in drug notorious and high profile places.
8. Oplan Greengold – nation wide MJ eradication operations in coordination with the local governments and NGO’s.
9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help eradicate drug syndicates involving street
children as drug conduit.
10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in cooperation with barangay officials.
11. Oplan Athena – operation conducted to neutralize the 14k, the Bamboo gang and other local organized crimes groups involved in illegal
drug trafficking.
12. Oplan Cyclops – operations against Chinese triad members involved in the illegal drug operations particularly Methamphetamine
Hydrocloride.

In the conduct of anti-drug operations, the following must be strictly considered:

1. Respect for Human Rights (Sec. 11, Art. 2, Phil. Constitution)


2. Respect for right of the people to due process and equal protection (Sec. 1, Art. 3, Phil. Constitution)
3. Respect of Right of the people against unreasonable search and seizure. (Sec. 2, Art. 3, Phil. Constitution).
4. Respect for right of the people to privacy of communication (Sec. 3, Art. 3, Phil. Constitution).
5. Respect for constitutional rights of the accused undergoing custodial investigation (RA 7438), (Sec. 12, Art. 3, Phil. Constitution)
6. Respect for the statutory rights of the accused undergoing custodial investigation under RA 7438.

The Principles of Drug Operations are:

1. Knowledge on circumstances on when to use necessary force (Art. 11, Chapter 3, RPC).
2. Knowledge on the statutory provisions on arrest (Rule 113, Rules on Criminal Procedures).
3. Knowledge on the administrative guidelines on arrest, search and seizure.
4. The Miranda Doctrine (384 U.S. 346)
5. Warrantless Search and Search incidental to lawful arrest (Rule 126, Rules on Criminal Procedure).

National Campaign Strategies

1. Demand Reduction Strategy


a. Preventive education and information campaigns to prevent further demand of society particularly the youth.
b. Treatment and rehabilitation of drug dependents.

60 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


2. Supply Reduction Strategy
a. Dangerous Drug Law enforcement
b. Judicial and Legislative measures

Operational Plans against the Drug Problem

1. Oplan Thunderbolt I – operations to create impact to the underworld.


2. Oplan Thunderbolt II – operations to neutralize suspected illegal drug laboratories.
3. Oplan Thunderbolt III – operations for the neutralization of big time drug pushers, drug dealers and drug lords.
4. Oplan Iceberg – special operations team in selected drug prone areas in order to get rid of illegal drug activities in the area.
5. Oplan Hunter – operations against suspected military and police personnel who are engaged in illegal drug activities.
6. Oplan Mercurio – operations against drug stores, which are violating existing regulations on the scale of regulated drugs in
coordination with the DDB/DOH and BFAD.
7. Oplan Tornado – operations in drug notorious and high profile places.
8. Oplan Greengold –nationwide MJ eradication operations in coordination with the local governments and NGO’s.
9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to help eradicate drug syndicates involving
street children as drug conduits.
10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay level in cooperation with barangay officials.

Buy-Bust Operations

a. Concept: It is a form of entrapment employed by peace officers as an effective way of apprehending a criminal in the act of the
commission of the offense. Entrapment has received judicial sanction as long as it is carried with due regard to constitutional and legal
safeguards.
b. Planning and Preparation: The operation must be preceded by an intensive surveillance, casing, or other intelligence operations and
gathering, evaluation and timely dissemination. Intelligence must be evidence-based and shall be supported by documents such as
summaries of info, maps, sketches, affidavits and sworn statements.

Search For Drug Evidence with Warrant

a. Concept: A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein and bring it before the court. (Sec. 1, Rule 126, Revised
Rules of Court)
b. Planning and Preparation:
1. Prior to the procurement of search warrant, intensive intelligence data gathering must be undertaken, evidence-based and
supported by credible documents.
2. Conduct of surveillance, casing, and other intelligence operations.
3. Identification, movement, activities and location of suspects should be established.
4. Search warrant shall be applied with competent court
5. Conduct of Operation
6. Submission of reports

Marijuana Eradication

a. Concept: Marijuana eradication involves the location and destruction of marijuana plantations, including the identification, arrest and
prosecution of the planter, owner or cultivator, and the escheating of the land where the plantations are located.
b. Planning and Preparation: The planning and operation shall be preceded by intelligence gathering to verify the existence of marijuana
plantation and the existence to be supported by documentary evidence such as summary of information, maps, sketches, photographs and
others. The intelligence gathering must be appropriately documented by pre-operations orders and after-casing reports.

c. Conduct of Operation:
1. Briefing, rehearsals, and proper formations.
2. Exact location of the plantation must be established.
3. Identify owner of the land or the cultivators.
4. Coordination with other operating units in the area.
5. Barangay eradication team should be organized.
61 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
6. Strict compliance with SOPs under Rules of Opns.

Mobile Checkpoint Operations


a. Concept: No other forms of checkpoints other than mobile checkpoints are authorized for drug enforcement and prevention operations.
They shall be established only in conjunction with on-going operations/situation or when there is a need to arrest a criminal.
b. Planning and Operation: Intensive intelligence gathering supported by credible documents, with proper pre-operations orders and after
surveillance or after casing reports.
c. Conduct of Operations shall be in consonance with the existing SOPs on checkpoint operations.

Airport and Seaport Interdiction


a. Concept: Airport and seaport interdiction involves the conduct of surveillance, interception and interdiction of persons and evidence during
travel by air or sea vessels.
b. Planning and Operation: Intensive intelligence gathering supported by credible documents, with proper pre-operations orders and after
surveillance or after casing reports.
c. Conduct of Operations
1. Coordination with airport and seaport authorities.
2. Operations shall be in consonance with the existing SOPs on airport and seaport checks/operations.

Controlled Delivery
a. Concept: This is the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances or substances
substituted for them to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of
their competent authorities with a view to identifying persons involved in the commission of drug related offenses. International cooperation
in facilitating the controlled delivery of illicit drugs is considered the most effective means to neutralize transnational criminal syndicates.
b. Planning and Operation: Intensive intelligence gathering and evaluation to determine the applicability of controlled delivery operations. It
must be supported by credible documents, with proper pre-operations orders and after surveillance or after casing reports. A committee or
board shall be constituted to study the project proposal for the suitable employment of a controlled delivery operation.
c. Conduct of Operations
1. Proper formation for accounting of personnel
2. Coordination with airport, seaport and other travel agency authorities.
3. Operations shall be in consonance with the existing SOPs on controlled delivery operations.

Undercover Operations
a. Concept: Undercover operation is an investigative technique in which the personnel involve assumes different identities in order to obtain
the necessary information. This technique may also be considered as a method of surveillance.
b. Planning and Operation: Undercover operations shall be resorted to only under circumstances where evidence can be hardly obtained in
an open investigation or when an open investigation is unsuccessful.
c. Conduct of Operations
1. Proper briefing and rehearsals.
2. Identification of effective cover and undercover.
3. Buy-bust or search with warrant operations.
4. Operations shall be in consonance with the existing SOPs on Undercover operations.

Narcotic Investigation
a. Concept: Narcotic investigation is a necessary tool employed by drug enforcement agencies in building up relevant and competent
evidence, which are vital in the development of a drug case. Several investigative techniques may be utilized for the successful attainment
of the operation. This includes but not limited to use of informants, interviewing, interrogation, surveillance operations and undercover
operations.
b. Planning and Operation: The most effective way of investigative technique or combination of two or more or all techniques under a given
situation and setting that shall be determined by considering the magnitude of drug law violations.
c. The conduct of investigation shall follow the basic steps in criminal investigation and detection.

THE TREATMENT AND REHABILTITATION APPROACH

A. Assisting the Drug Abuser

1. Treatment - the medical service rendered to a client for the effective management of physical and mental conditions related to drug abuse.

62 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Detoxification - it is a medically supervised elimination of drugs from the system of any addicted person.

Methods of Detoxification includes:

1. Cold Turkey
2. Substitution – the use of methodex, catapres, haemasin, dextropropoxyphene, tranquilizer, etc.
3. Reduction Method – using the same drug to which the patient is dependent. The process could be gradual or rapid.
4. Acupuncture

2. Rehabilitation - the dynamic process directed towards the physical, emotional/psychological, vocational, social and spiritual change to
prepare a person for the fullest life compatible with his capabilities and potentialities, and render him able to become a law abiding and productive
member of the community without abusing drugs.

Duration of Rehabilitation - If the patient is found to be an opiate abuser, the treatment prescribed shall be for a period of not less than
six (6) months.

THE EDUCATIONAL APPROACHES

Drug Abuse Prevention Education

Drug abuse prevention education is concerned with bringing about changes in the people’s knowledge, attitudes and practices towards
drug abuse. It utilizes a variety of approaches and methods whereby people go through teaching-learning process, and which may be planned,
implemented and evaluated through the barangay organized groups and other organizations and agencies in the community.

There are six known strategies in drug abuse prevention, which are the following:

1. Drug Education – learning situations during seminar-workshops, symposiums and lecture forums, which take up values clarification,
leadership training, coping skills and decision-making. It is a movement, which utilizes humanistic techniques in both school-based and community
oriented drug abuse prevention programs.
2. Drug Information – it is an activity, which focused on the dissemination of basic facts of the causes and effects of drug abuse with the
objective of creating awareness and vigilance of the people in the community.
3. Alternatives – this includes a number of ideas for stimulating meaningful involvements for the youth that can compete successfully with
the demands of drugs and alcohol. Primarily the emphasis should be on service or constructive and productive pursuits and recreational activities
that are usually community-based.
4. Interventions – this strategy is applied to experimenters and potential drug abusers. Activities like peer or group counseling should be
encouraged in every community. It is applied to the individual/group, which needs specific assistance and support.

B. Peer and Cross-age Tutoring and Counseling

Peer and cross-age tutoring and counseling enable the person/student to assume adult and mature roles, to become actively involved in
their own learning and in other’s learning and to take on a “real world” responsibility. It can provide a meaningful “work” in the school setting to the
students who might otherwise suffer from low self-esteem and a general lack of involvement with school or cross-age tutoring and counseling
programs.

INTERNATIONAL COOPERATION APPROACH

The UNDCP

The United Nation International Drug Control Program (UNDCP) was established in 1991 pursuant to General assembly Resolution 45/179
of 21 December 1990. The UNDCP is mandated by the General Assembly with the exclusive responsibility leadership for all United Nation Drug
Control activities in order to ensure coherence of actions, coordination, and non-duplication of such activities in the United Nation System.The
UNDCP assists government in fulfilling their obligation under the existing regulatory structures so that they can become parties to these conventions.

The UNDCP Resources for Operations

The financial resources come from the regular budget of the United Nation and voluntary contributions of the U.N members.

UNDCP in SEA

63 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


UNDCP is created in the different field offices in Laos and Burma (Myanmar), which handles national programs while Thailand, handles
Regional programs.

Master Plan Approach

This involves encouraging and assisting governments in undertaking a thorough analysis of drug problems with in a country or region, the
identification and assessment of all anti-narcotics intervention undertaken and planned. It also involves the identification of needs for new projects
and activities.

Measures Undertaken in SEA

1. Enhancement of Capital Punishment


2. ASIAN Drug Official group meetings/Conventions against Drug Abuse
3. Instant Urine Test Machine
4. Denial of Passport on all drug offenders upon released from prison
5. Use of Narcotic Drug Detector
6. ASEAN Cooperation on against Drug Trafficking

Drug Outlook in the ASEAN Countries (Major Contributors)

1. Thailand – the training center for:


a. undercover operations
b. investigations
c. informant handling
d. surveillance
e. other enforcement techniques

2. Philippines - the adoption of the Drug Demand Reduction Strategy and Supply Reduction Strategy. The Drug Supply strategy is
carried out by the conduct of anti- narcotics operations (raids on plantations, laboratories, etc); arrest, search and seizure;
surveillance and other intelligence operations; legislative and judicial measures. The Demand Reduction strategy is carried out by the
conduct of information and educational drives and the treatment or rehabilitation of drug addicts.

3. Malaysia - The Asian treatment and rehabilitation training center is sponsored by the International Labor Union located in Malaysia.
Malaysia then is considered as the training center for treatment and rehabilitation of drug abusers in Asia.

4. Singapore - Singapore is responsible in the area of research as part of the Asian anti-narcotic work. The urine test project was
adopted with the aim to train chemist from ASEAN members in the techniques of mass urine screening.

SUBSTANCE ABUSE

A. ALCOHOL

Alcohol is colorless, tasteless clear liquid, which gives a burning sensation to the mouth, esophagus and stomach. Like many drugs,
alcohol is toxic. It can poison the human body if taken in large amounts or in combination with other drugs. Alcohol is a depressant not stimulant.

There are two kinds of alcohol – methyl and ethyl alcohol. Methyl alcohol is very poisonous and is not put in drinks but is use in some
industries. Ethyl alcohol is used in alcoholic drinks, which are made by breweries. This occurs when germs called yeast act on sugars in food to
produce alcohol and carbon dioxide. Fermented brews and spirits contain different amounts of alcohol. The amount in beer is less than in other
drinks. It varies from 2.5% to 8% in different countries.

Types of Drinkers
1. Occasional Drinker – drinks on special occasions or uses alcohol as a home remedy, takes only a few drinks per year.
2. Frequent Drinker – drinks at parties and social affairs. Intake of alcohol may be once a week or occasionally reaches three or four times
per week, uses beverages to release inhibitions and tensions.
3. Regular Drinker – may drink daily or consistently on weekends, usually comes from cultural background where wine or beer is used with
meals to enhance the flavor of the food.
64 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
4. Alcohol Dependent – drinks to have good time, excessive drinking occurs occasionally but drinker may not become alcoholic.
5. Alcoholic – has lost control of his use of alcohol. Alcohol assumes primary goal in his life, even to the exclusion of physical health and
interests of family and society in general.

Motives for Drinking


1. Traditional – social and religious functions.
2. Status – symbol of success and prestige.
3. Dietary – dining incomplete without wine, integral part of today’s way of “gracious living”.
4. Social – release tensions and inhibitions so user can tolerate and enjoy another’s company.
5. Shortcut to Adulthood – user unsure of maturity, drinks to prove himself.
6. Ritual – fosters group feeling, cocktail parties, toasts made to brides, wishes for good health.
7. Path of least Resistance - doesn’t want to drink but doesn’t want to abstain so goes along with everyone else.

EFFECTS OF ALCOHOL ON THE BODY

The Brain and the Nervous System - The nerves are like telephone wires coming out of the control system in the brain and spinal cord.
They send and receive messages from all parts of the body. Alcohol slows down the work of the brain cells and stops proper messages being sent to
the rest of the body. Alcohol stops people behaving correctly to other people. They may do whatever comes first into their minds. They may say
things that do not make sense or behave rudely to others. They may also have feelings of increased personal or social power. This is because their
thinking is slowed down and not because it has sparked up. They are less able to cope with situations where drinking is needed.

Stomach and Intestines - Alcohol damages the stomach and intestines and makes them sore. This can cause a burning sensation,
nausea and vomiting. Sometimes there is bleeding.

Liver
a. The first thing the liver does is to turn part of the alcohol into fat. Some of this goes into the blood, but a lot builds up in the liver
cells. After drinking six (6) medium-sized glasses of beer everyday for a few days, fat is formed in the liver.
b. To cope with the extra work of getting rid of the alcohol, the liver becomes larger.
c. As the liver enlarges, the person gets more used to the effects of alcohol in the body. A person can drink larger amounts of
alcohol without getting drunk. This effect is called tolerance to alcohol. However, the alcohol is still doing its damage.
d. As the liver enlarges, it changes they way other drugs and medicines work in the body. So it can be dangerous to take medicines
with alcohol.
e. While the liver enlarges, some of the liver cells are damaged.
The liver can become permanently damaged. As the alcohol poisons the cells of the liver, they die. If many of these cells die, the
person may get what is called “ALCOHOLIC HEPATITIS”.
f. Scar tissue is formed where the liver cells die. This means the liver doesn’t work so well. This is called “CIRRHOSIS”.
g. People with scarred livers can get a swollen abdomen, swollen feet and hands and may bleeding from inside the body.
Waste products build up in the body and give a yellow color to the skin and eyes (jaundice). This also affects the brain so that a
person may become unconscious and die.

Heart and Muscles - Alcohol affects the heart and other muscles so that they become weaker and less effective. This makes people tired
and breathless.

Blood - The activity of the liver I trying to get rid of the alcohol results in many changes to the blood – for example – blood sugar is lowered
and blood fats are increased.

Kidneys - Alcohol decreased the ability of the kidneys to get rid of some waste products.

Sexual Activities - After the excessive use of alcohol, the ability to have satisfactory sexual activity is decreased.

Malnutrition - The illness that occurs when a person doesn’t have enough food to eat or eats the wrong kind of food. The person who
drinks alcohol may suffer from malnutrition because:
a. He spends his time, money and energy in drinking. He may not eat the proper foods.
b. Drinking alcohol decreases a person’s desire to eat.
c. Alcohol burns the stomach and bowel so that food eaten is not used well by the body.
d. If the liver is damaged, some important vitamins are not produced.

65 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


Malnutrition in itself causes further liver damage, which makes the condition even worse. The result of all these are that the heavy drinker
gets weak because of lack of energy and body building food. His body defenses are weakened against infections such as pneumonia,
tropical ulcers and tuberculosis. The person may get severely emotional disturbed. The nerves in his arms or legs may be damaged so that
he may not feel what he is touching. He may not walk properly and may keep falling over.

TOBACCO

Facts about Tobacco Smoking

The use of tobacco is one of the foremost public health problems in the world today. Tobacco had for centuries been used all over the
world as a way of increasing the enjoyment of life or as an aid in coping with some of its problem. The World Health Organization estimates that
around the world one person dies every 13 seconds from tobacco-related diseases. Doctor’s cite 50,000 scientific studies from various independent
bodies that have proved beyond doubt that smoking is responsible for around 90% of all cases of lung cancer, 95% of all cases of chronic bronchitis
and emphysema, and 25% of heart conditions in men under 65 years of age.

The World Health Organization Advisory Panel on Smoking and health estimates that at least two million of 30 million Filipinos under 20
years of age today will eventually be killed by smoking. Smoking threatens not only the adults, but also children – born and unborn. The Philippine
Obstetrical and Gynecological Society notes that premature in infants of mothers who smoke is three times more common than in mothers.
Spontaneous abortion is likewise more common in smoking mothers.

General Effect of Tobacco Smoking

The effects of tobacco smoking consist primarily of ill-health and of human suffering. These necessarily, too, the productivity of the work
force, the need for medical care and other variables. Thus smoking impairs society’s total well-being and posses substantial economic loss to the
nation. Cigarette smoke contains over 2,000 different chemicals and gases whixh can produce coughing, broncho spasm, increased mucus
secretion.

NICOTINE – It is the most important active ingredient in controlled doses. It is an extremely toxic substance. A typical cigarette contains 1-
2 mg of nicotine. When smoked, less than 1 mg from each cigarette is filtered or not depending on the characteristics of the filter, the depth and
frequency of inhalation and the length of the butt.

NARCOTIC INVESTIGATION

Since narcotic use has direct link with criminal activities, investigation of this must be specialized. The following are some reasons why it
has to be investigated in a specialized manner:

1. Illicit drug underworld is specialized and syndicated.


2. The underworld organization is composed of and operated by selected and highly proficient members of the elite.
3. Drug addicts are clannish and they represent a rare group of individuals.
4. Drug abusers and or addicts have their own lingo and way of life.
5. The illicit drug trade is completely underworld in conception and operation capable to espionage or subversive operations; it is a
hidden crime where there is rarely a complainant.

Considerations in Narcotic and Investigation

The Violation

a) Republic Act No. 9165 (The Comprehensive Dangerous Drug Act of 2002) - Under this law, the following are punishable:

1. Importation of Dangerous drugs and/or Controlled Precursors and Essential Chemicals;


2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals;
3. Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals;
4. Maintenance of a Den, Dive or Resort where dangerous drugs are used or sold in any form;
5. Being an employee or visitor of a den, dive or resort;
6. Manufacture of dangerous Drugs and/or Controlled Precursors and Essential Chemicals;
7. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals;

66 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net


8. Manufacture or Delivery of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals;
9. Possession of Dangerous Drugs;
10. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs; Possession of dangerous Drugs
during Parties, Social Gatherings or Meetings;
11. Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or
Meetings;
12. Use of Dangerous Drugs; Cultivation of Plants classified as dangerous drugs or are sources thereof;
13. Failure to comply with the maintenance and keeping of the original records of transaction on any dangerous drugs and/or controlled
precursors and Essential Chemicals on the part of practioners, manufacturers, wholesalers, importers, distributors, dealers, or
retailers;
14. Unnecessary Prescription of Dangerous Drugs;
15. Unlawful Prescription of Dangerous Drugs

The Violators – The Persons of Importance

a) The Addict or User - A “user” is one who injects, intravenously or intramuscularly, or consumes, either by chewing, smoking, sniffing,
eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. An “addict” is
one who habitually uses dangerous drugs.

1. Determine his history.


2. Has he just used or administered the drug? Get urine and, if possible, blood samples for analysis within 24 hours after administration.
3. Is he in possession of the drug?
4. Determine the reason for possession. Is it for sale or for own consumption?
5. If possession is for reason other than personal use, he must be accordingly charged under RA 6425.
6. Is he suffering from the signs and symptoms of drug abuse? This will guide the investigator to determine whether the violator is an
addict or not.

b) The Pusher - “Pusher” refers to any person who sells, administers, delivers, or gives away to another, on any terms whatsoever, or
distributes or dispatches in transit or transport any dangerous drug or who acts as a broker in any such transaction.

1. Ordinarily, he is an addict himself.


2. If not an addict, determine the reason for his possession of the drug. Is it for sale, for giving away, etc.?
3. If he is selling, determine his clientele. Get their names and other personal circumstance.
4. Determine, if possible, his source of supply, their names, addresses, etc.
5. Determine the number of times that he had been arrested and charged for the same offense.
6. If he is a recidivist, state so in the complaint or information to be filed.

c. The Narcotic Evidence

These include opium and its active components and derivatives, the coca leaf and beta eucaine, and the hallucinogenic drugs. It includes
all preparations made from any of the foregoing and other drugs and chemical preparations; whether natural or synthetics, with the physiological
effects of a narcotic or a hallucinogenic drug.

Opium and its derivatives

“Opium” refers to the coagulated juice of the opium poppy and embraces every kind, character and class of opium, whether crude of
prepared; the ashes or refuse of the same; narcotic prepared; the ashes or refuse of the same, narcotic preparations thereof or therefrom; morphine
or any alkaloid of opium; preparations in which opium enters as an ingredient; opium poppy; opium seeds; opium poppy straw; and leaves or
wrapping of opium leaves, whether prepared for use or not.

Field test: Burn a small quantity of the suspected substance. The odor or smell is similar to burnt banana leaves or has a sweetish odor.

Morphine – the drug varies in different forms such as:

Powder – white, odorless granulated powder with a very bitter taste. Sometimes however, illicit traffickers add color to deceive
investigators.
67 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Block – with embossed marks like “999” “555” “AAA” “1A”, etc. with “Lion”, Elephant”, “Tiger/Dragon” brands.

Licit morphine used for medical purposes invariably comes in powder form, tablets, capsules with the brand name of the
manufacturer.

Heroin (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, odorless, crystalline powder with a very bitter taste. Heroin is the
hydrochloride of an alkaloid obtainable by the action of acetic anhydride or morphine. The alkaloid base may be made by treating
morphine with acetyl chloride, washing the product with a dilute alkaline solution and crystallizing from alcoholic solution.

NOTE: Both heroin and morphine may be sold by pushers in bundle containing about .03 gram of powder. The price will depend on
supply and demand.

Cocaine (Methyl ecgonine). Cocaine (C12 H 21n O4) is an alkaloid obtained from the leaves of Erythorxylon coca and the other species of
Erthroxlon Linne, or by synthesis from ecgoine and its derivatives.

Preparation - It may be made by moisturizing ground coca leaves with a sodium carbonate solution, percolating with benzene or other
solvents such as petroleum benzene, shaking the liquid with diluted sulfuric acid, and adding to the separated acid solution and excess of sodium
carbonate. The participated alkaloids are removed with ether, and after drying with sodium carbonate, the solution is filtered and the ether distilled
off. The residue is dissolved in methyl alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen chloride. This treatment splits off
any acids from the ecgonine and esterifies the carbozyl group.

After dilution with water, the organic that have been liberated are removed with chloroform. The aqueous solution is then concentrated,
neutralized, and cooled with ice, whereupon methyl ecgonine sulfate crystallizes.

Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or cocaine is precipitated. The cocaine is extracted with ether and the
solution concentrated to crystallization. For the purification of cocaine, re-crystallization from a mixture of acetone and benzene is generally
preferred.

Solubility - 1 gm dissolves in about 600 ml of water, 7 ml of alcohol, 1 ml of chloroform, 3.5 ml of ether, and is very soluble in warm
alcohol.

Uses - Cocaine was the first local anaesthetic to be discovered. At present, it is considered too toxic for any anaesthetic procedure
requiring injection, but is still extensively employed for anesthesia of the nose and throat. For this purpose, a 10 % solution of the hydro – chloride is
used.

Cocaine is a central stimulant, but is never employed clinically for this purpose. Addiction and a certain amount of tolerance result from its
use. Because of its properties, the sale of cocaine is prohibited in the Philippines.
Cocaine also comes in the form of salt crystals, known as “crack” and usually sold in packets. This is the American counterpart of the local
“shabu” or methamphetamine hydrochloride.

Marijuana (Cannabis Sativa)

Marijuana is a seasonal plant grown from seed. Depending on soil and weather condition, it grows approximately 20 feet. The leaves come
in clusters of 3,5,7,9 to 13 leaflets. The leaflets are elongated with the tip pointed and the sides serrated.

Manicured or grounded leaves and flowering tops – Although dried and grounded, they will retain their greenish color.

Reefers or cigarettes known as “joints” and other names – These are hand-rolled in cigarette paper, irregular and slim with both ends
tucked in or twisted.

Hallucinogen Drugs

These are the drugs that are capable of creating hallucinations in the mind of the taker such as Lysergic acid diethylamide commonly
known as LSD and other drugs falling under this category are DMT, STP, peyote and morning glory seeds.

Synthetic Drugs
68 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Those having the same physiological action as a narcotic drug, such as methadone and demerol.

Other Dangerous Drugs

These include self-inducting sedatives, such as seconbarbital, phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt of
barbituric acid: and salt, isomer or salt of an isomer, of amphetamine, such as benzedrine of dexedrine, or any drug which produces a physiological
acting simlar to amphetamine; and hypnotic drugs, such as methaqualone, nitrzepam or any other compound producing similar physiological effects.

Barbiturates – Manufactured synthetically as salts of barbituric acid. All names of these drugs are in al, such as pentobarbital, secobarbital
(seconal), amobarbital, phenobarbital, barbital, etc.

Categories according to Effects

1. Long acting barbiturates – take effect with in 30 to 60 minutes and last up to 8 hours, e.i. Phenobarbital
2. Intermediate acting barbiturates – take effect with in 15 to 30 minutes and last up to 6 hours, e.i. amobarbital and butabarbital.
3. Short acting barbiturates – take effect with in 10 to 20 minutes and last up to 6 hours, e.i. Pentobarbital and secobarbital.
4. Ultra short barbiturates – take effect with in 45 seconds and last up to 30 minutes, e.i. thiopental sodium.

Note: Slang Terms of Barbiturates

Pentobarbital – “yellow jackets” - Secobarbital – “red devils” - Amobarbital – “ blue devils/ blue birds”
Amosbarbital – “ rainbow/ double trouble”

Note: Under FDA law, it is illegal to sell these drugs without prescription. There is no illegal possession charge under the FDA law, but
under RA 6425, there is such a violation.

Amphetamines – Stimulate the central nervous system and have the ability to combat fatigue and sleepiness. These are also known at
uppers.

Chemical Names
a. Amphetamine Sulfate
b. Dextroamphetamine Sulfate
c. Methamphetamine Hydrochloride

Amphetamines come in varied forms, colors and shapes. Examples of amphetamines are benzedrine or the “bennies”, dexedrine or the
“dexies”, and the methedrine known as the “meatballs”. Shabu is the most widely known amphetamine in the country today. The compound
(methamphetamine hydrochloride) is also known as “poor man’s cocaine”. The latter term, however, is misleading because although cheaper than
that cocaine, shabu is nonetheless expensive as compared to other drugs such as marijuana or solvents.

The Volatile Substances – also called the Inhalants, Solvents or Deliriants. This are chemicals which when sniffed can produce
intoxication effects such as gasoline, kerosene, thinner, paint, etc. The most popular among them is the solvent rugby. These chemical substances
are significant in narcotic investigation because of their intoxicating symptoms that do not produce alcoholic breath.

DRUG TESTING

Field Test - The test describes in the following pages are designed to give investigators emergency means of making on-the-spot tentative
identification of samples seized or purchased during the course of investigations. Results obtained should not be regarded as final identification
since a number of such drugs are marketed in combination with other chemicals from which they must be separated (by laboratory methods) before
true results can be attained.
69 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Care of Apparatus and Reagents - Reagents should be protected from excessive heat and light. Acid reagents should be stored in glass
bottles. Reagent stability should be tested from time to time with drugs of known identify. All apparatus used in making test should be thoroughly
cleaned before reusing. Marquis test is used for morphine, codeine, heroin and other opium derivatives.

When brought into contact with morphine, heroin or other opium derivatives, the reagent develops brilliant colors ranging from blue to
reddish purple. There are some other substances, which also produce colors with this reagent. No confusion, however, should arise once the
operator is familiar with the specific colors given by the opium alkaloids. It is therefore essential that the test be observed with known samples before
any unknown is tested.

Making the Test – In making drug tests, the following are considered:

1. Allow the reagent to drain to one end of the ampul


2. Break the ampul between the fingers along the scored line.
3. Introduce a small bit of sample into the open end of one-half of the sample by scraping a cube or pinch of powder held between the fingers
with a sharp edge. Tap the closed end so as to shake the sample further into the tube and thus bring it into contact with the reagent.
4. After the test, the ampul should be rinsed with water before discarding.

*** DO NOT THROW AMPUL IN WASH BAIN OR SINK.

NOTE: The value of this test lies in the fact that a positive reaction indicates the presence of an opium derivative. A negative result
does not rule out the possiblity of the sample being a prohibited drug since cocaine, methadone, demerol, dromoran, etc. do not give
positive results with this reagent. A suspected sample that gives a negative result should be submitted to the laboratory for
examination.

General Drug Tests

Drugs Test Used Color Reaction

Opium Marquis test Purple/Violet


Heroin Nitric Acid Yellow-Green
Morphine Nitric Acid Red Orange
Cocaine Cobalt Thiocyanate Blue
Barbiturates Dille-Kopanyi test Violet
Or the Zwikker test Blue color
Amphetamines Marquis test Red/Orange -Brown
LSD Para Amino BenZoic Acid(PABA) Purple
Marijuana Duquenois-Levine test or KN Test Red Bottom layer
Shabu Symone’s test Purple

FIELD DRUG TESTING

Field Tests for Methadone

This narcotic drug, known also as Amidone, Dolophine and di-6 dimethylamide-4, 4- diphenyl-3-heptanone hydrochloride, can be detected
in the presence of some other drugs by employing the reagent and technique as set forth below. After solution is effected, filtration of the sample is
desirable but not essential to the success of the method, since insoluble substance such as starch, talc, etc. are not blue in color.

Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5 gm of potassium thiocyanate in 90 ml of water and 10ml of glacial
acetic acid.

Test: Dissolve the sample in a minimum amount of water, Filter. Add 2 or 3 drops of the reagent to the filtrate. Shake for about 1 minute. A
blue precipitate indicates the presence of methadone.

Field Test for Cocaine, Demerol and Methadone

This field test for cocaine, demerol and methadone was developed by the U.S. Customs Laboratory, in Baltimore, Maryland in 1961 and has
been successful use since then.
70 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
The field test is based on a modification of the well-known cobalt thiocyanate color test that produces a blue color in the presence of
cocaine. The customs field test is a stable single-solution version of the thiocyanate test and is the most specific cocaine color test available at this
time.

The field test is not intended to replace more specific laboratory determination and should be used only as a preliminary test. Some non-
narcotic substances, such as certain antihistamines, are known to give a color with cobalt thiocyanate.

The test is simple to perform. The ampul should be broken at the point where the glass is scored and the powdered sample introduced into
the open end of the half of the ampul should NOT BE SHAKEN. A blue color is indicative of cocaine, demerol or methadone give stronger blues than
that demerol. For each of the three narcotics, the strength of their blue in the ampuls is proportionate to their active content. The ampul contains a
dilute acid and should be discarded in a place where water can be used to delute the acid.

Field Tests for Marijuana

NOTE: Do not rely on chemical tests alone. Always examine the material with a microscope or hand lens. Cannabis Sativa, or marijuana,
can be quickly and positively identified by subjecting the sample to the following tests:

Microscopic - Using a magnification of approximately 30 diameters, the leaves, small twigs, seed hulls and flowering tops exhibit a
characteristics warty appearance due to the presence of non-glandular hairs which contain at their base called spheriodal cystolith of calcium
carbonate. Adding a drop of diluted hydrochloric acid to the slide and noting the effervescence may show the presence of carbonate. Many of the
cystolithic hairs appear in the shape of bear claws. The seed or fruit, deprived of its hull, under the same magnification, presents a mottled effect and
gives the viewer the impression he is looking at a hulled coconut or nutmeg. A comparison with an authentic sample is most desirable.

Chemical - The Duquenois-Levine Test has been found to be the only satisfactory chemical test for the identification of marijuana. The
chloroform soluble color developed in this test is due to the presence of tetrahydrocannbinol (THC) which is the active principal of the marijuana
plant.

Reagents - Duquenois Reagent – Dissolve 5 drops of acetaldehyde and 0.4 gm. of vanillin in 20 ml of 95% ethyl alcohol. (This reagent may
be kept for some time in glass-stoppered bottles in a cool dark place. It should be discarded after it assumes a deep yellow color).

- Add a pinch of suspected marijuana to a test tube containing about 2 ml (one teaspoon) Duquenois reagent.
- Add an equal amount (2ml) of concentrated hydrochloric acid. Stir with a glass rod or shake the test tube in a circular motion to mix its
contents. CAUTION – Do not splash acid contents on body or clothing. Allow the test tube to stand for 10 minutes, or until a color
develops.
- Decant the liquid into a second test tube. Add 2ml of chloroform. Stopper and shake. If marijuana is present, a violet or indigo-violet
color will be transferred to the bottom (chloroform) layer.

Seeds – When a sample consists entirely of seeds, their identity alone is not sufficient to bring them within the purview of the law, which
requires them to be fertile. To establish their fertility a number of the seeds should be placed in a suitable container with moist paper pulp or wet
vermiculite, and place in a warm dark place until germination takes place. When reporting a sample containing marijuana seeds alone, their fertility
should always be stated.

Field Test for Amphetamines

This field test for identifying amphetamines is useful in screening out caffeine, vitamins, or other substitutes proffered as amphetamines.

Test Material – The test material consists of 2 or 3 drops of Marquis reagent (2 drops of 37% formaldehyde in 3 ml of concentrated sulfuric
acid) in a small glass ampul.

Test Procedure – Break the ampul at the scored center and place 1 or 2 drops of the reagent on the sample. This should be done on a
glass ashtray, inverted tumbler, etc. Amphetamines react with the reagent to give a red-orange color, turning to reddish and then dark brown within 1
or 2 minutes. The reagent gives this characteristics color reaction when applied to white, pink, yellow, peach or green amphetamine tablets.

The speed within which the color is formed appears to depend upon the hardness of the tablet. The red-orange color forms immediately of
some tablets while with others it appears in 10 to 20 second. Therefore, the critical period of color differentiation for amphetamines is within the first
20 seconds. The peach-colored caffeine tablet gives a color, which might cause some confusion. The difference between the color formed by this
tablet by this tablet and that formed by a peach-colored amphetamine tablet are crushed before the reagent is applied. Once the difference is seen,
there should be no trouble in distinguishing one from the other.
71 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
Amphetamine powder and tablets – Red-orange onset to reddish brown to dark brown within a couple of minutes, Caffeine powder and
tablets - no color reaction, Methamphetamine and tablets – Red-orange onset to reddish brown to dark brown in 1 to 2 minutes, Phenyl tertiary
butylamine HCI – Same color change as amphetamines, Wyamine sulfate – Same color change as amphetamines.

Field Test for Barbiturates

For the tentative identification of the barbiturates, the Zwikker test is used. Zwikker Test – An anhydrous methanol solution of the
barbiturate upon several drops of cobalt chloride in methanol solution gives a bluish color, which changes to dark blue upon being alkalized with a
5% isopropylamine in methanol. The Atkinson Laboratory, 33031 Fierro Street, Los Angeles, California, manufactures a compact kit that utilized the
Zwikker Test.

Test Material – The Zwikker Test Kit consists of a small plastic bag containing three solutions in plastics dropping bottles and small
porcelain spot plate. Solution # 1 – Anhydours methanol, Solution # 2 – Cobalt chloride dissolved in methanol, Solution # 3 – 5% isopropylamine in
methanol. CAUTION: The above solutions are volatile and inflammable. They should be kept sealed.

Test Procedure – The following shall be considered:


1. Place part of sample into spot-tester, (enough to cover letter “O” on a typewriter key).
2. Put two drops of solution # 1 on sample in spot-tester. (Sample should dissolve.)
3. Add two drops of solution # 2 (This may produce a violet or a blue color.)
4. Add tow drops of solution # 3. (If color deepens to a darker violet of blue, this indicates presumption presence of barbiturate.) The
solution will become contaminated. Wash and dry spot-test plat after use.

NARCOTIC DEATH INVESTIGATION

A common occurrence in the drug culture is the death of a user. Investigation of a narcotic death is divided into three (3) phases: the
SCENE investigation, the MEDICAL investigation, and the TOXICOLOGICAL investigation. An officer involved in such a case should determine the
manner of death, that is, whether homicide, suicide or accidental. All of the factors and elements of the scene must be accurately and completely
recorded. This will assist the medical examiner in determining the cause of death.

Physiological Effect of Narcotic Ingestion

The ingestion of narcotics or dangerous drugs poisons the body. This is poisoning effect will leads to a paralysis of the respiratory center or
cause heart failure. This, the, will deny the body a sufficient amount of oxygen. Evident or visible signs, which remain after death, often accompany
the effects of a particular drug on the human body for the trained observe. These signs are result of symptoms experienced by the victim prior to
death. Following is a partial listing of the more dangerous drugs, the minimum lethal dose, symptoms and cause of death:

Poison Symptoms/Cause of Death

Codeine Nausea, dizziness, Constipation, Respiratory failure

Heroin &
Morphine Sweating, loss of appetite, nausea (Vomiting),
Constipation, itching, thirst, cyanosis, respiratory failure

Barbiturates lower body temperature, cyanosis, cold extremities skin rash,


constipation, respiratory arrest of pneumonia

Cocaine nausea, vomiting, chills, sweating, thirst, convulsions,


circulatory and respiratory failure
Amphetamine Chills, sweating, diarrhea, constipation, nausea, vomiting, cramps,
thirst, convulsions, petechial hemorrhages

The Scene of Death

During investigation of the scene, you should recognize and relate seemingly insignificant items or material, which would justify a
conclusion of narcotic involvement. The following are just some of such items:
72 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net
1. Paraphernalia (or “works”) – Tools or implements used in administering narcotics. These may include the obvious syringe and needle,
tourniquet, spoon or bottle top “cookies” and tinfoil packet. Also included are small balls of cotton, capsules and envelopes, and a book of
matches.
2. Narcotic Medication – Laudanum, paregoric, codeine cough syrup, all utilized as “carryovers” until the next fix.
3. Maalox –Milk of Magnesia – Medication used to relieve nausea, vomiting, constipation, cramps or diarrhea.
4. Absence of Nutritional Food – Loss of appetite is a symptom of poisoning. Presence of candy or soft drinks indicates low insulin count.
5. Body Fluids – Presence of urine, feces, mucus or vomitus on the scene may be evidence of the body attempting to rid itself of poisoned
substance.
6. Clothing or Bed Linens – which may be sweat-stained or soaking wet from the victim having hot and cold flashes, should be collected and
analyzed.
7. Lack of Ordinary Cleanliness – Dependent user is not concerned in most cases with the environment or health, and this is shown by a
neglect of both.
8. Wet Body – Evidence of body being immersed in tub or shower, or having ice cubes placed in underclothes or in private parts. It is a
common mistake uses make in thinking this helps in overdose cases. Salt water may also be injected into the victim. Hospitals use Narcan
as antidote.
9. Nylon Stoking – Stretched over a hanger used as sieve.
10. Playing Card – with the powder, may have been used to “smack” (cut) heroin. The card is usually on top of a record album or similar.
11. Merchandise – Small items which are easily carried and disposed of after, being stolen-radios, watches, portable TVs, radios, etc.

The Body Signs


1. Cyanosis – bluish discoloration of the face and /or fingernails due to insufficient oxygenation of the blood caused by increase in carbon
dioxide in the body.
2. Petechial Hemorrhages – Pinpoint spots of discoloration resulting from capability ruptures due to pressure and generally observed in the
eyes, eyelids, behind the ears and internally.
3. Form or Froth – Observed in mouth and nose, may be white or pinkish and caused by fluids entering the air passages.
4. Hematoma – A localized swelling on any par to the body caused by bleeding beneath the surface of the skin. This is caused by “skin
popping” rather that vein injections.
5. Needle marks/tracks – Visual evidence of repeated intravenous injections. The tracks will follow a vein (exception “skin popping”) and
result in a dark discoloration and eventual collapse of the vein.
6. Scar – Skin imperfection caused by the victim in removing needle mark scabs, added to uncleanness of the victim.
7. Rash/scratched Skin – External body signs of morphine or heroin poisoning.
8. Asphyxia- When it is the cause the death, it is often accompanied by external body changes. These changes, visible to the naked eye, are
not restricted to narcotic-related deaths and may be found in other asphyxia deaths, such as hearth attack, drowning, hanging, etc. They
must be noted, photographed and reported to the pathologist during the pre-autopsy interview.

Victim’s History - Historical date on the victim would include his criminal record (local, national and international and international); medical record
(of a private doctor, hospitals, clinics, etc. and any mental treatment or attempts at suicide); social (relatives, friends, neighbors, co-workers); marital
(past or present); and financial records. When interviewing users or person possibly involved in narcotics traffic, you should use straight language
rather than attempt street talk because slang constantly changes. You must determine the extent of decedent’s addiction, his familiarity with other
drugs, whether he had a steady source of the drugs or continuously shopped around, and other matters relative to his personal history.

Medical Phase - This is the most important stage of the narcotics death investigation. Since the pathologist will rarely be able to examine the body
at the death scene, you should note every detail, which may be of medico-legal importance and make a complete report on this.You should attend
the autopsy yourself. Make sure that the following specimens are submitted for narcotics, alcohol or other foreign matter. Heroin is quickly changed
to morphine after entering the body, and clears the blood in approximately ½ hour remains in the urine about 24 hours and in the bile for ¾ days.

***

73 | D r . Rommel K. Manwong Lecture Series/2014 www.rkmfiles.net

Vous aimerez peut-être aussi