When a report of a crime is received, the identity of the person who

reported is noted, to include his address, personal circumstances and possibly

contact number.
a. The means of the report
CRIMINOLOGY.NURSING.MIDWIFERY.CIVIL SERVICE REVIEW b. The time of the report
3rd Floor BSBI Bldg. Bicol University LEGAZPI City c. The receiver of the report
TEL. 742-1590/09175002996 d. The time of dispatch
MODULE 4- CRIME DETECTION AND INVESTIGATION (15%) E. CRIME SCENCE INVESTIGATION:
1. THE GOLDEN RULE AT THE CRIME SCENE - Never touch any
CDI 1: FUNDAMENTALS OF CRIMINAL INVESTIGATION object at the crime scene unless photographed, measured and indicated in the
Prepared by: PROF. FELINO “IDOL” AGUIT BRAGADO sketch.
I. INTRUDUCTION TO CRIMINAL INVESTIGATION AND 2. ASSIGNMENT OF DUTIES - The team is headed by the Chief or
DETECTION – HANS GROSS – A noted Criminologist once said that Senior Investigator.
Criminal Investigation is a 95% perspiration b. 3% inspiration and c. 2% The Members include the following:
luck. a. Assistant Team Leader
b. Photographer
A. Definition of Terms: c. Sketcher
Criminal investigation - is an art, not science. But we must treat it partially d. Master note taker
in order that we will be guided by the general principle and concepts; and the e. Evidence Man
provision of laws pertinent to our Criminal Justice System. f. Measurer
ART - is simply defined as the POWER of performing certain action 3.THE CRIME SCENE SEARCH - The investigator places himself at a
especially acquired by experience, study and observation. spot where there are no physical evidence that will be tampered and make an
estimate as to what form af search will be employed.
Criminal Investigator – is an artist in his chosen field and who had his skills
to produce the finest work of art by busting blank wall cases. Criminal 4.THE METHODS OF SEARCH:
investigators are the cream of the police organization. They are removed a. the strip method
from the stratum of the ordinary police man and they belong to the realm of b. the double strip method
police intellectuals. Hence, their selection must be based not only on c. the spiral or circular method
qualifications but competence and nothing less. d. the zone method
e. the wheel, radial or spoke method
CONCEPTS AND PRINCIPLES OF CRIMINAL INVESTIGATION
5.THE PURPOSE OF SEARCH - the purpose of the crime scene search is
CRIMINAL INVESTAGATION defined – it is an art, which the identity to find physical evidence. The afore-stated methods are only general guides
and location of the criminal offender and gathering and providing evidence of for the investigator.
his guilt in criminal proceedings.
6.PHOTOGRAPH OF THE CRIME SCENE:
CRIMINAL INVESTIGATOR defined – He is the skilled person who is a. general view
charged with the duty of conducting criminal investigation when a crime is b. medium view
committed. c. close up view
d. color photography
QUALITIES OF INVESTIGATOR:
7.GUIDES IN PHOTOGRAPHING CRIME SCENES:
1. Perseverance a. Series of photographs of the crime scene
2. Endurance b. The depicted object in the photograph should not be
3. Incorruptible honesty and integrity immaterial or irrelevant.
4. The Intelligence and Wisdom of Solomon
5. The knowledge of psychology and other natural sciences 8.THE KINDS OF PHOTOGRAPHS TO BE TAKEN AT THE SCENE
6. Acting Ability a. The photograph of the deceased showing the relationship of the
7. Mastery of the Oral and Written Communication dead body with surroundings, especially the physical evidence
8. The keen power of observation and deception b. Photographs of evidence showing forcible entry destroyed
9. Working knowledge of Criminal Law, Evidence, Criminal padlocks, broken doors and windows and other relevant signs of
Procedures and Penal special laws. disturbances.
10. Sense of justice and Fairy Play.
11. The power to “read between the lines” 9.THE USE OF SPECIAL PHOTOGRAPHY
12. Working knowledge of martial arts and Fire arms proficiency. a. Such as infrared, ultra violet, orthosterios macro-
photography, movie camera, etc…
B. THE THREE TOOLS OR I’S OF INVESTIGATION: b. Photography of environs
1. INFORMATION defined – It is the knowledge of facts which the c. Close-up photograph of the dead body after removal from
investigator had gathered from persons or documents, which are pertinent the scene.
relevant concerning the commission of criminal activities.
10.SKETCHING THE CRIME SCENE
INFORMATION CLASSIFIED AS TO SOURCES:
a. RegularSources a. SKETCH - it is the graphic representation of the scene of the crime. With
b. Cultivated Sources complete measurements of the relative distances of relevant object and
c. Grapevines Sources conditions obtaining therein.
b. THE GENERAL KINDS OF SKETCH
2. INTERVIEW AND INTERROGATION 1. Rough Sketch – It is made by the investigator at the crime scene which is
a. Interview defined – it is the simple questioning of a person who full of important details. But without the scale of proportionThis is used as
cooperates with the investigator. the basis for the finished sketch.
b. Interrogation defined – It is process of obtaining and admission or 2. Finished Sketch- This is a Sketch with a scale of proportion and drawn by
confession from those suspects to have committed a crime. It is the draftsman. The rough sketch and the finished sketch are fore court
confrontational in nature. presentation.
c. Field Inquiry defined – It is the general questioning of all persons at the
crime scene conducted by the investigator. 11. THE SPECIFIC KINDS OF SKETCHES
3. INSTRUMENTATION defined - It is the police of applying instruments a. sketch of locality
or tools of the police sciences in criminal investigation and detection. b. Compass direction
c. Sketch in details/cross projection or the exploded view
C. CARDINAL QUESTIONS IN INVESTIGATION:
1. THE FIVE W’s and H OF CRIMINAL INVESTIGATION – 12. THE ELEMENTS OF THE SKETCH
These are the questions: WHO, WHAT, WHEN, WHERE, WHAT a. measurements
and HOW. b. compass direction
2. RECURRING QUESTIONS - are the MENTAL and c. essential items
PHYSICAL RECONSTRUCTIONS on how the crime was d. scale of proportion
committed, these questions will preoccupy the mind of the e. legend
investigator. f. title
D. RESPONDING TO THE CRIME SCENE:
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 1
13. COLLECTION, MARKING, TAGGING and PRESERVATION OF 3. The lapse of time between the commission of the crime and the
THE EVIDENCE arrest of the offender.
4. The opportunity of the criminal to vary his personal appearance
a. COLLECTION – As evidence is collected, it is individually marked with such as the removal of moustache, side bums, goatee, the change to
initials of the Investigator. hair style, the addition of tattoo on the face, earrings, nose rings,
b. MARKING – Every collected evidence is marked. lip rings or facelift thru surgery.
c. TAGGING - Every piece of evidence the is collected and marked must be M. METHODS OF IDENTIFICATION BY WITNESSES
tagged 1 verbal description
d. PRESERVATION OF THE EVIDENCE – Perishable Materials should 2. Rogue’s gallery
be preserve by the way or the methods of preservation in order that they will 3. General photographs
reach the court in the same physical condition as when they were collected 4 cartographic sketches
from the crime scene. This is the work of the laboratory technician
N. THE POLICE LINE-UP
14. CHAIN OF CUSTODY defined - it is the number of persons who It is the process of identification by witnesses of the unknown
handled and possessed the piece of evidence the moment that they were fugitive who is mixed innocent persons lined before the witness. (Procedures
collected, marked and tagged, up to the time the final disposition of the case. of Police Line-Up)

15. METHODS OF MARKING SPECIFIC KINDS OF EVIDENCE O. CENTERPOINTS OF PHYSICAL IDENTIFICATION

1. Face 7. Fingers
a. GUNS: 2. Hair 8. Manner of walking
i. Revolver – frame, butt, cylinder, barrel and stock. 3. Neck 9. Voice
ii. Rifles – barrel, frame, bolt or slide 4. Shoulder 10. Physical appearance
iii. All magazines and accessories shall also be marked. 5. Waist 11. Complexion
6. Hands
b. REVOLBER CYLINDER: The chamber facing the firing pin must be
marked as soon as it is open for examination. P.THE PHYSICAL EVIDENCE TO IDENTIFY CRIMINAL

Note: the direction of the rotation of the cylinder must also be sketched and KINDS OF PHYSICAL EVIDENCE:
noted. E.g. Colt clockwise while S&W counter clockwise direction. 1. CORPUS DELICTI – These are the object or substance, which constitute
the essential parts or elements of the commission of the crime. It is
c. FIRED EMPTY SHELLS: Fired empty cartridges inside the mouth, In sometimes called the body of the crime not the body of the victim.The cause
case of. 22 call on the side o0f 6the body of the shell. of death is one of the essential element of a crime.
2. ASSOCIATIVE EVIDENCE – Pieces of evidence which will link
d. BULLETS OF SLUG: Ogive or nose avoiding the land and groove. suspect to the scene, such as fingerprints, foot or shoe impressions are but
They could also be marked on the base. some of the examples.
3. TRACING EVIDENCE – Article which assist the investigator in location
F. RECONSTRUCTING THE CRIME the criminal. Stolen goods in the possession of the suspect is the example.
1. RECONSTRUCTING THE CRIME defined – It is the assessment made
by the investigator after the crime scene investigation, of how the crime is Q.PRESERVATION AND CARE OF EVIDENCE
committed. (Purpose – shell have the same substantial condition when they will be
presented before the court during trial)
2. KINDS OF RECONSTRACTING THE CRIME (Marking – for positive and defined identification during trial)
a. PHYSICAL RECONSTRUCTION - It is based on the physical
appearance of the crime scene mainly focused on the pieces of physical R.MODUS OPERANDI Defined – simply, it is the method of the operation
evidence. And the accounts of witnesses and suspects by a specific criminal or criminal syndicates. (Importance of Modus
b. MENTAL RECONSTRUCTION - Based on the physical reconstruction; operandi)
some conclusion could be formulated taking into account all available pieces
o9f evidence. THE ART OF OBTAINING INFORMATION
A.INTERVIEW
G. THE DEVELOPMENT OF THEORIES: 1. INTEERVIEW defined – it is the questioning of a person believed to
THEORY defined - It is the imaginative contemplation of reality, direct posssess information which is relevant to the investigation of a crime or on
intellectual apprehension, insight or body of generalization and principles criminal activities
developed in association with the practice in a certain field of activity(The of
the Investigator’s theory). 2. THE GOLDEN RULE IN INTERVIEW - Never conduct or let anyone
conduct an interview if the interviewer has not gone to the crime scene.

3. QUALITIES OF AAA GOOD INTERVIEWER:

H. FIELD INQUIRY: a. Rapport forceful personality
a. FIELD INQUIRY defined – it is the general questioning of all persons at b. Knowledge of human behavior
near or around the crime scene. c. Conversational tone of voice
b. when to start the field inquiry. d. Common interest
c. how to treat witnesses and suspects retained ate the scene e. Acting qualities
d. the purpose of separating the witnesses or suspects from one another. f. Humility

I.GOING BACK TO THE CRIME SCENE 4. COGNITIVE INTERVIEW defined – it is a formed or technique in the
a. Reason for going back at the crime scene conduct of interview upon will witness and cooperative witness, where they
b. Value of the process are given the full opportunity to narrate their accounts without interventions
interruption and interference from the interviewer.
J. THE TRHEE PHASES OF CRIMINAL INVESTIGATION
a. The identification of the criminal 5. REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
b. The facts or evidence to prove his guilt are gathered for introduction during a. fear of reprisal
trial. b. great inconvenience
c. hatred against the police
K. THE FOUR METHODS OF IDENTIFYING THE CRIMINALS: d. bias of the witness
a. By confession or admission e. avoidanceof publicity
b. By accounts or testimonies of witnesses f. family restriction
c. By circumstantial evidence g. bigotry
d. By associative evidence h. cultish indoctrination

L. THE TWO KINDS OF CRIMINALS FOR PURPOSES OF 6. COMMON TECHNIQUE APPLICABLE TO FOREGOING
IDENTIFICATION BY WITNESS: REASONS
a. KNOWN FUGITIVES Many of this witness want that they will not be utilized as formal
b. UNKNOWN FUGITVES witness but to remain anonymous. (Note: The power of persuasion plays a
key anonymous. (Note: The power plays key role.)
FACTORS AFFECTING POSITIVE IENTIFCATION:
1. The ability of the witnesses to positively identify the unknown 7.THE STAGES OF HANDLING THE INTERVIEW
criminals depends upon his level of alertness intelligence, vision, 1. Preparation
age and health. 2. Approach
2. The prevailing conditions of visibility and observation of the crime 3. Warming up
scene. 4. Cognitive interviews
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 2
8.RULES IN QUESTIONING Each plugging cable must be marked; computer must be carefully
a. One question at a time handled and packed only computer forensic expert should search for any
b. Avoid implied answer information or evidence contained in the hardware and the computer
c. Simplicity of questions hardware should be duplicated by the expert and the original should be kept
d. saving faces by the evidence custodian.
e. yes and no answer
8. RECORDED MESSAGE FROM THE FILE WITH I.T.
9.TYPE OF WITNESSES ACCORDING TO THEIR ATTITUDES COMPANIES – coordination with the IT CO. on relevant information is
A. Known- nothing type desirable. The value of this information on the files of these companies could
B. Disinterested type not be underestimated.
C. The drunken type
D. Suspicious type THE ART OF INTERROGATION
E. Talkative 1. INTERROGATION – it is the vigorous and the confrontational
F. Honest witnesses questioning of suspect about his participation in a crime. It is confrontational
G. Deceitful witness in the sense the navigator places the guilt on the accused. This process is also
H. Timid witnesses applied to an uncooperative or recalcitrant witness.
I. Boasting, egoistic or egocentric witnesses
J. Type refusal to talk witnesses 2. PURPOSE OF INTERROGATION
a. On the part of the suspect, it is to extract a confession or admission .
10.STATEMENT ANALYSIS: b. On the part of the uncooperative or unwilling witness, it is to extract the
The investigator my exercise the utmost care before concluding the information he possessed.
culpability of suspect. Every compliant and testimonies of witnesses are
subject to crucible of truth, lest the investigator will be ignorant and 3. CONFESSION DISTINGUISHED FROM ADMMISSION
unmindful weapon of deception, frame up of incriminatory machination a. CONFESSION – it is the direct acknowledgement of guilt arising from
against innocent. the commission of crime.
b. ADMISSION – It is the acknowledgement of fact or circumstance without
11.COMPLAINT AND TESTIMONIES BE REDUCED IN WRITING accepting guilt.
(Q&A)
B. INFORMATS 4. KINDS OF CONFFESSION;
1. INFORMANT defined - is any person who furnishes the police a. Extra Judicial confession
information relevant to a criminal case about the activities of criminal or b. Judicial Confession
syndicates. The informant may openly give information or offer himself to a
witness. 5. CUSTODIAL INTERROGATION OR INVESTIGATION - This is the
stage of investigation where there is strict observance of the MIRANDA
2. CONFIDENTIAL INFORMANT defined - people who provide the DOCTRINE.
police with confidential information concerning a past crime or projected and
planned crime. 6. MIRANDA DOCTRINE (MIRANDA VS ARIZONA)

3.THE TYPES OF INFORMANTS: THE RIGHTS OF THE ACCUSED DURING CUSTODIAL

a. anonymous informant INTERROGATION
b. rival- elimination informant 1. Right to remain silent
c. false informant 2. Right to counsel of his own choice and if he has none, the
d. frightened informant government must provide one for him free of charge.
e. self- aggrandizing informant 3. Right to be informed of the nature of the charges against him and
h. woman informant whatever he says may be used for or against him.
i. legitimate informant
THIS RIGHT COULD BE VALIDY WAIVED
C. INFORMERS 1. In writing
1. INFORMER defined – the person who provides information to the police 2. With the assistance of counsel
on a regular basis. They are either paid regularly or in a case to case basis, or 3. Signed and sworn by the accused
none at all.

2. THE PROVIAL BASIS – The saying goes: It needs a thief to catch 7.THE TECHNIQUES OF INERROGATION:
another thief. A. EMOTIONAL - Combining his skills of an actor and a
psychologist.
3. SELECTION OF INFORMERS – This is addressed to the sound B. SYMPATHETIC APPEAL - An offer to help, kindness,
discretion of the investigator, the informer may be to a fixed period of friendliness
assignment or into a case to case basis. C. FRIENDLINESS - An approach coupled with a posture of
sincerity.
D. TRICK AND BLUFF
4. CRITICAL AREAS IN DEVELOPMENT OF INFORMERS 1. The pretense of Solid Evidence against the accused
a. Within the ranks of criminals and criminal syndicates 2. The Weakest Link
b. associates and friend of criminals 3. Drama
c. Places of hang outs criminals 4. Feigning contact with family member
d. Slum and residential places where criminals have their contacts 5. Many more trick and bluffs
e. Detention Centers 6. The Line-Up
f. Places where criminals dispose their loots 7. Reverse Line-Up

5. WOMEN INFORMERS- Most effective among informers because they E. STERN APPROACH – The investigator displays a stern
could easily penetrate the ranks of criminals with less suspicion. personality towards the suspect by using the following
methods:
6. DUAL ROLE OF THE INFOMERS - Identifying and tracing the 1. Pretense of physical evidence
whereabouts of the suspects and gathering of information that will lead to the 2. Jolting
location and recovery of the evidence such as the loot or the other pieces of 3. Opportunity to lie
evader relevant to criminal activities. 4. Indifference
5. Feigning protection and consideration
D. OTHER SOURCES F. THE MUTT AND JEFF OR SWEET AND SOUR
METHOD
1. GOVERNMENT RECORDS G. REMOVING THE ETHNIC OR CULTURAL
2. PRIVATE RECORDS BARRIER
3. INTERPCEPTED MESSAGES H. SEARCHING FOR THE SOFT SPOT
4. RECORDS OF THE FIREARMS AND EXPLOSIVE UNIT
5. FIRE BUSTING 8.ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
6. RECORDS OF FOREIGN AND LOCAL MANUFACTURER
7. STORED DATE ON COMPUTERS AND CELLPHONES RULES a. RATIONALIZATION - it is use of reasons, which is acceptable
ON COMPUTER to the subject that led to commission of the crime.
Upon arrival when computer is off don’t turn it on. When on don’t b. PROJECTION - it is the process of putting the blame to other
turn it off. The plugging should be done by pulling out the cable directly from person, not and to suspect
the back of the CPU.
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 3
 c. MINIMIZATION – It is the act minimizing the culpability of
the suspect. 4. PREPERATION FOR THE SHADOWING

9.PHYSICAL SIGNS OF DECEPTIONS 5. THE METHODS OF FOOT SURVEILLANCE

a. sweating a. One man shadow
b. color change b. Two man shadow and
c. dry mouth c. Three man shadow or ABC technique of shadowing
d. avoidance of direct eye contact
e. breathing 6. TACTICS AND TECHNIQUES OF SHADOWING
f. pulse a. Turning corners
b. Entering a building
METHODS OF INSTRUMENTATIONS c. Riding a bus
1. POLICE SCIENCE INVOLVED d. Riding a taxi
a. POLYGRAPH OR LIE DETECTOR TEST e. Riding a train
b. QUESTIONED DOCUMENT EXAMINATION f. In a hotel
c. POLICE PHOTOGRAPHY g. In a telephone booth
d. DACTYLOSCOPY h. In a theater
e. FORENSIC MEDICINE i. Inside a private house
f. DONTOLOGY j. Inside a small private or public office
g. FORENSIC CHEMISTRY- (TOXICOLOGY)
h. FORENSIC PSYCHOLOGY 7. THE CONSTANT RISK OF THE SHADOWER - if he is
i. FORENSIC BALLISTICS organized, he is recognized, he is recognized, he is “burned out”.
j. FORENSIC COMPUTER TECHNOLOGY The other is losing the subject.

2. INSTRUMENTATION - it is the application of instrument and 8. THE COMMON TRICKS OF SUBJECT

the laws of physical sciences in the investigation and detection of a. Test for tailing
crimes and criminals. This is otherwise known as b. Use of convoy
CRIMINALISTICS.
C. VEHICLE SURVEILLANCE
3. FORENSIC DETECTIVE - The person applying the forensic
science in crime detection. 1. Technique in automobile surveillance.
2. Distinguishing the shadower’s cars.
4. MODERN DISCOVERIES OF INSTRUMENTATION
a. DNA (Deoxyribonucleic Acid) - The discovery in D. UNDERCOVER OPERATION
genetics is that no two persons have the same DNA
profile, expect the identical twins. The father of DNA is 1. UNDERCOVER OPERATION - It is a police operation wherein
Sir ALEC JEFFREY. The DNA of an individual is the investigator assumes a fictitious identity in order to infiltrate
formed by the combination of DNA’s of the father and the ranks of the criminals for the purpose of obtaining information.
the mother. Brothers and sisters of the same parents
have different DNA’s and there is never a chance that it 2. PURPOSE OF UNDERCOVER OPERATION
would result to identical or similar profile. a. Gathering of evidence
b. HAIR EXAMINATION - The roots of the hair when b. Gathering of information
examined under the new technology will determine the c. Installation of surveillance equipment
presence of drugs taken by the person two years prior to d. Loyalty check
the said examination. e. Penetrating subversive organizations
c. GLOBAL POSITIONING SYSTEM (GPS) - This is f. Counter intelligence
for the effective identification on the location of g. Basis for a successful raid
criminals and objects thru modern and special gadgets.
3. QUALITIES OF A GOOD UNDERCOVER AGENT
SURVEILLANCE AND UNDERCOVER OPERATIONS a. A good actor and a psychologist.
b. Be able to adapt himself in the field of assignment.
A. PRINCIPLE AND CONCEPT OF SURVEILLANCE c. Knowledge of general information and the varied ways of
1. SURVEILLANCE - It is the observation of persons, place life, profession and occupation.
and vehicles for the purpose of obtaining information d. Temperament – a calm, enduring and affable personality.
concerning the identities of criminals and their activities. Self-control and self-confidence.
e. Photographic memory
2. SURVEILLANT - The person who conducts the surveillance
or performs the observation. 4. SPECIFIC TYPES OF UNDERCOVER ASSIGNMENT
a. Work assignment
3. Subject - is the person, place, vehicle being observed by the b. Social assignment
surveillant. c. Subversive organization
d. Residential assignment
4. THE KINDS OF SURVEILLANCE:
a. COVERT- Subject is not aware that he is being 5. THE FICTITIOUS PERSONALITY – The preparation should
observed. include the fictitious background of the undercover agent
b. Overt - Subject is aware that he is being tailed.
6. THE DON’TS IN THE ASSIGNMENT
5. THE PURPOSE OF SURVEILLANCE a. Don’t drink too much in the assignment
a. To get information on criminal b. Don’t court women.
b. To discover the identities of persons frequenting the c. Do not fail to provide person in the place who could vouch
place to established their criminal activities. for the agent.
d. Bragging
6. OTHER TYPES OF SURVEILLANCE e. Woman agent
a. FIXED SURVEILLANCE - watching a house or f. Expenditures must be moderate and commensurate with the
building fictitious identity.
b. MOVING SURVEILLANCE - on foot or by motor
7. MEANS OF CONTACT WITH HEADQUARTERS
7. PROCEDURES IN FIXED SURVEILLANCE a. Telephone
b. Coded messages
8. TOOLS USED IN FIXED SURVEILLANCE c. Secret meeting

9. PERSONNEL APPEARANCE OF THE SURVEILLANT TRACING AND ARRESTING CRIMINALS

1. METHODS OF TRACING AND LOCATING CRIMINAL
B.SURVEILLANT ON FOOT a. By informers
b. By informant
1. SHADOWING or TAILING c. Grapevine sources
d. Tailings
2. PURPOSE OF FOOT SURVEILLANCE e. Using children
f. Courting the girlfriend
3. THE DON’TS IN FOOT SURVEILLANCE
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 4
 g. Harassing the known associate and friends of the WHEEL
criminals - was invented probably in Western Asia
h. Interrogate arrested criminals known to the subject - one of man’s great inventions
i. In fresh cases, the use of bloodhound dog or K-9
j. In very recent cases, find out the ethnic group of the THE ROMANS
criminal - were the major road builders in the ancient world
k. A thorough search at the hiding place - Roman road networks reached a total of about 50,000 miles (80, 000
l. Disguises km)
m. Publication of rewards for the capture of the criminal
n. Corrupting with money of known associate of the CANALS
criminal - a body of water used to be channel of sea transportation
o. Thru undercover operation - the first canal was constructed by Engr. James Brindley
p. Issuance of general alarm
q. Tapping the communication of the facility, friends, and RAILWAYS
associate criminals. - channel of transportation wherein a parallel line of irons were used
r. The use of postal notice of package or registered letter. as roads
s. The use of trick to flush out the criminal from a house - the first railroad is the Stockton and Darlington line (1925)
where he is believed to be hiding.
t. There are many more methods or techniques in tracing TRAFFIC
and locating criminals which most often defend on - it refers to the movement of persons, goods, or vehicles,
resourcefulness and ingenuity of the investigator. either powered by combustion system or animal drawn
vehicle, from one place to another for the purpose of
2. PLANNING THE ARREST OR RAID safe travel
a. Always plan for the worst scenario. - originated from Greco-Roman word Trafico and Greek
b. The raid or arrest must be well planned always word Traffiga, origin of which isnot known
accompanied by the element of surprise.
c. More than one arresting officer must be employed. THE 5’Es OF TRAFFIC
d. Always presume that the criminal is armed and
dangerous. 1. ENFORCEMENT
e. Never allow the criminal to change his clothes as the - the action taken by the police, such as arresting, issuing traffic
place of arrest. citation ticket and providing warning to the erring driver for the
f. Follow- up operation purpose of deterring and discouraging and or preventing such
g. In conducting raid on residence buildings the officer violation
should always bring a ten –pound sledgehammer for 2. EDUCATION
easy opening doors. - the process of giving training and practice in the actual application
h. In raids, do not stay longer than necessary along the of traffic safety knowledge
lines of fire.
i. In night time raids 2:00 am to 3:00 am is the ideal time 3. ENGINEERING
j. In all arrest and raids, the commanding loud voice of the - the science of measuring traffic and travel, the study of basic laws
arresting officer and serious look. relative to the traffic law and generation; the application of these
k. Always rush towards the criminal ion a grapping knowledge to the professional practice of planning, deciding, and
distance but never place your gun within his reach. operating traffic system to achieve safe and efficient transportation
l. The entering parties should wear bulletproof vest if of persons and goods
available.
m. In night raids, be equipped with powerful flashlight 4. TRAFFIC ECOLOGY/ ENVIRONMENT
n. Flexibility in the planning and execution should be - the study of potentially disastrous population explosion, changes in
encouraged urban environment due to the scale and density of new urban
o. The use of marked vehicles from the uniformed units concentration and new activities carried out, air pollution, water
such as Mobile Patrol Bureau shall be the second pollution and crowding, transport congestion which result therein
perimeter cordon ready for assistance to the raiding
team. 5. TRAFFIC ECONOMY
p. The use of automatic fire is discouraged - deals with the benefits and adverse effects of traffic to our
q. In case of vehicle interception, the car should be economy
immobilized by firing at the tire, not on the occupants.
MANAGEMENT
- it is an executive function such as planning, organizing, Directing
and supervising, coordinating operating recording and budgeting
traffic affairs

AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

Land Transportation Office

- tasked to enforce laws, rules and regulation governing the
registration of motor vehicles, operation of motor vehicle and
traffic rules and regulation as provided by RA 4136 as amended

Land Transportation Franchising and Regulatory Board

- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
- promulgate rules
- impose and collect fees
CDI 2: TRAFFIC MANAGEMENT AND ACCIDENT - formulate and enforce rules and regulation for transport operation
INVESTIGATION for promotion of safety and convenience of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-
A and
TRANSPORTATION E.O. 202 dated June 19,1987
- is an act or process of conveying from one place to
another Department of Transportation and Communications
- from the Latin word “Terans” meaning across or and - in charge of planning programs coordinating implementing and
move and “Portare” means to carry perform administrative function and promotion development and
regulation of dependable and coordinated network of
VARIOUS ANCIENT MODES OF TRANSPORATATION transportation and communication in order to have fast, safe,
A. MANPOWER efficient and reliable postal transportation and communication
B. ANIMAL POWER services (EO No. 125.)
C. WIND POWER
ROADS AND VEHICLES HISTORY
  Metro Manila Development Authority (MMDA)
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 5
- created under RA. 7924 and sets policies concerning traffic in Emotionally low
Metro Manila, coordinates and regulates implementation of -people are moody, irritable and depressed
program related to traffic Intellectually low
-people find it difficult to think logically and lacks coordination
Congress and Local Council
- the branch of government primarily tasked to create laws for the LEGAL SYSTEM FOR TRAFFIC SAFETY
welfare of the public
LICENSING SYSTEM
Judiciary -it is the system of issuing license to any person who is qualified to fulfill the
- the branch of government that interprets the law through responsibilities required by the licens
adjudication of cases -administered by the LTO

Traffic Management Group (TMG) DRIVER’S LICENSE

- the basis service of the PNP tasked to direct and control traffic, -issued to the drivers as privilege granted by the government providing
perform accident investigation, enforce the laws and issue statutory qualification
citations.
LICENSING PROCEDURE
AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING
REQUISITES FOR ISSUANCE OF LICENSE
Department of Public Works and Highways -At least 16 years old for student’s permit
- has responsibility of determining traffic flow planning approval of -17 years old for sub-professional
program and budget finding of construction and maintenance of -18 years old for professional
road and instrument
  KINDS OF DRIVER’S LICENSE
Local Public Works and Engineering Offices 1. Student permit
- local government units and instrumentalities that have the same 2. Non-professional
function as the DPWH 3. Professional
- perform such powers within their territorial boundary 4. Military
5. International
AGENCIES INVOLVED IN TRAFFIC EDUCATION
RESTRICTION CODE
Schools 1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more
Elementary than 4500 kg
- tasked to educate children to obey traffic rules through their 3. Restriction Code No 3 - limited to drive vehicles weighing more
programmed curricula than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and
Secondary with automatic transmission only
- tasked to educate students in obeying tha traffic rules by imposing 5. Restriction Code No 5 - limited to drive vehicle with automatic
school policies intended for the welfare of the students clutch and weighing more than 4500 kg

Higher Education DRIVER

- they offer subjects on driving and traffic safety course or any allied - Licensed operator of a vehicle
subjects
DUITES OF DRIVER IN CASE OF ACCIDENTS
TRAFFIC EDUCATION 1. Stop immediately.
- is priceless gem in the entire scale of social order of the road 2. Show the license to the victim and give the true name, address and
- is the process of inculcating to an individual the knowledge, skill, contact number.
responsibilities and values to become a fully developed person 3. Driver is not allowed to leave the scene without aiding the victim.
- the key to smooth traffic flow is discipline and to acquire discipline
people must be educated EXCEPTIONS TO THE PRECEEDING TOPIC
1. If he is in imminent danger of being seriously harmed by reason of
PURPOSE OF DRIVER EDUCATION accident;
1) To Instill awareness of one's legal and moral responsibilities in 2. If he reports the accident to the nearest police station; and
traffic; and 3. If he has summoned the physician or nurse to aid the victim.
2) To teach abilities required for one to be eligible for a driver’s
license. CONDUCTOR
-Licensed person allowing limited number of passengers, freight or cargo in
SAFETY CAMPAIGN public utility truck or buses
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as TEN COMMANDEMENTS OF TRAFFIC
road propaganda 1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane
shall be the fast lane and the slow lane is the right.
BIORHYTHM 2. OBSERVE ROAD COURTESY- yield to emergency vehicle,
- the theory asserting that man exhibit constant variation of energy pedestrians, trains, vehicle with right of way, vehicles ahead, large vehicles,
and mood states uphill traffic, vehicles with momentum, straight traffic, and traffic signs.

The Environmental Factors in Man’s Theorized Cycles and Emergency Vehicles:

Interpretation of Biorhythm a. Vehicle with physician
1. The exchange of Light and darkness b. Ambulance on emergency call
2. The four seasons c. Vehicle with wounded or sick person
3. Wet and dry seasons d. AFP/ PNP vehicle on official call
4. The waxing and waning of the moon e. Vehicle in pursuit of criminals
f. A police or fire on call
The Biorhythm Cycle
1. 23 days of physical cycle RIGHT OF WAY RULE
2. 28 days of emotional cycle - the right to proceed ahead of another vehicle or pedestrian
3. 33 days of intellectual cycle
a. Intersection- when two or more vehicle is entering an intersection
The High State the one on the left will give way to the right vehicle.
Physically high b. Pedestrian- drivers should yield to pedestrian crossing except at
-people are energetic, strong and agile intersection whereas the movement of vehicles is regulated by a
Emotionally high police officer.
-people are creative, artistic and happy c. Through highway/ railroad crossing- the driver shall bring to a full
Intellectually high stop before traversing to an intersection. If there is no hazard the
-people think quickly and logically driver may slowdown to 5mph.
d. Police /emergency vehicle- all drivers should yield to emergency
The Low State to emergency vehicle except as directed by traffic enforcer. Fire
Physically low trucks are accepted to speed limit but they are prohibited to have
-people tend to be tired and succumb to sickness unnecessary speed.
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 e. From private road to highway- vehicle from private road must 4. ADJUDICATION - it is court function, the police provides
yield to that on a highway. influence on this step by as a witness to the prosecution by
supplying additional evidence. It determines the guilt or innocence
3. PROHIBITED PARKING of the accused.
Places where parking is prohibited: 5. PENALIZATION - the imposition of penalty upon the accused.
a. Near an intersection Penalty can be influenced by previous records of conviction as
b. Crosswalk/ pedestrian lane provided by the police.
c. Within 6 meters from drive way of any response installation, fire
hydrant and private roads GOALS OF ENFORCEMENT ACTIVITIES
d. Double parking 1. Increase safety level
e. Sidewalks, alleys, foot of the bridge 2. Increase traffic efficiency
f. Places wherein official signs are posted 3. Ensure harmony and comfortable environment
4. Maximize safety
4. WHEN IN DOUBT, DO NOT OVERTAKE.
-overtaking lane is the lane to the left of overtaken vehicle going in ACTIVITIES OF TRAFFIC LAW ENFORCEMENT
the same direction, overtaken vehicle is the privileged vehicle 1. Preventive activities
2. Persuasive activities
CONSIDER THESE IF YOU OVERTAKE: 3. Punitive activities
a. Signal the intention.
b. Make sure that the overtaking lane is clear and free of oncoming MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM
vehicle for sufficient distance to facilitate proper overtake. 1. Enforcement system
c. Maneuver at own risk, the vehicle being overtaken is the privileged 2. Road user system
vehicle. Drivers keep his lane, maintain speed and yield to 3. Traffic system
overtaking vehicle.
d. He shall increase his speed until the overtaken vehicle has cleared TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT
the way
e. In a two lanes, on a divided roadway, they may use either of the CHARACTERISTIC OF TRAFFIC LAWS
lanes. 1. Laws are developed from experiences of the public over the years.
f. In an expressway with fast and slow lanes, on a divided roadway, 2. Laws reflect beliefs, behavior and standards agreed upon by
they may use either of the lanes. society.
g. Overtaking is prohibited at crest of a grade curve, railway crossing,
at the intersection and between construction and caution. VIOLATIONS
- those act and omissions against traffic laws
5.THE BUS STOP RULE
a. The buses queue up in a single file in their order arrival.
b. Lead bus moving toward the center of column of busses lining on
the bus stop zone, and remain until zone is filled with busses, but CLASSIFICATION OF VIOLATION
longer than three minutes. 1. Hazardous traffic violations that cause danger to road users.
Unsafe behavior and unsafe conditions are the causes of these
6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS violations.
- Keep lanes and intersection open in heavy and slow traffic to avoid 2. Non-hazardous violations that do not affect safety of the public but
overtaking. In a construction, vehicles should merge alternately. affect the use of roads.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS
- Observe and obey traffic notices sign like notices and pavement 1. Physical infirmities
markings. 2. Ignorance
3. Mental disorder
8. THE PHILOSOPHY OF PINOY DRIVER 4. Lack of training
- Motorist should observe equity of the lead vehicle, doctrine of the 5. Wrong attitude
last clear chance on rotunda drive. 6. Habitual violators
7. PUV drivers are aiming for more compensation
9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait POLICE TRAFFIC ENFORCEMENT ACTIONS
embark and alight at bus or jeepney stop. - these include arrest and citation of any person

10. REMEMBER THE INTERNATIONAL SAFETY REMINDER-

“SAFETY FIRST” PURPOSES:
1. Prevent such violation from endangering the public and
inconvenience
TRAFFIC LAW ENFORCEMENT 2. Prevent continued violation
- the action taken by the police to compel obedience to traffic laws 3. Discourage future violation
and ordinance regulating the use and movement of motor vehicle
for the purpose of creating a deterrent to unlawful behavior by all KINDS OF ENFORCEMENT ACTIONS
potential violators 1. Traffic arrest - the taking of a person into custody of the law. It is
made when:
TRAFFIC LAW ENFORCER a) the offense is serious;
- a person duly deputized by an agency of government authorized by b) detection is needed to avoid continued violation; and
law to enforce traffic laws, rules and regulations c) there is reasonable doubt that violators may not
appear in court.
POLICE TRAFFIC LAW ENFORCEMENT
- the part performed by the police and other agencies with police 2. Traffic citation - made to compel violators to appear in court in
power including deterrent to law violations created by the presence absence of arrest.
of uniformed police officer and their special equipment, special 3. Traffic warning - an act reminding the driver of his violation in
assistance to court and prosecutor and incidental service to order for him to not do it again. No arrest or citation is made.
highway users
TYPES OF WARNING
COURT TRAFFIC LAW ENFORCEMENT 1. Visual warning - using gestures and signals.
- the performed by the court through adjudication and penalization 2. Verbal warning - oral warning made when there is newly enacted
law
POLICE COURT ENFORCEMENT PROCESS 3. Written warning - combination of two preceding types with written
note of citation.
FIVE ESSENTIAL STEPS TRAFFIC PATROL
1. DETECTION - wholly police activities and entails looking for - part of traffic supervision by patrolling to ensure public obedience
defects in the behavior motorist, pedestrian, vehicle, equipment
and roadway condition. OBJECTIVES:
2. APPREHENSION - a police responsibility wherein the police are 1. Deterrence of violators
required action to prevent continued and future violation. 2. Detection and apprehension
3. PROSECUTION - it is a court function, the police also provides 3. Observation and reporting of traffic condition and road condition
corresponding influence through preparation and introduction of 4. Providing certain services to public
evidence or close contact with the prosecution office.
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TYPES OF PATROL
1. Line patrol- it is assigned to a particular place TRAFFIC DIRECTION AND CONTROL
2. Area patrol- type of patrol assigned to an area of vicinity - It is the control direction of traffic units according to proportionate
time to prevent traffic accident to maintain smooth flow of traffic.
TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place MEANS OF DIRECTING
2. Conspicuous traffic observation - officer attracts attention 1. Signaling
3. Visible traffic observation - stationary observation that the 2. Whistling
observer is in full view 3. Gestures
4. concealed traffic observation - observer is not visible to the public
HAND SIGNAL
THINGS TO CONSIDER IN PURSUIT AS TRAFFIC 1. Use hand signals
ENFORCEMENT 2. Use uniform signals
1. Decision - nature of violation 3. It must be clear
2. Pursuit technique 4. Don’t make verbal
3. Safety driving technique 5. Be alert, stand erect
6. Look to the person when signaling
STOPPING AND APPROACHING TRAFFIC VIOLATORS 7. Arm signal should be shoulder high
1. It must be done with consideration to safety of both parties 8. Supplement it with whistle
engaging 9. Hang your hand when not in use
2. Upon approaching officer must be from the left side from the rear, 10. Constant waving of hands causes confusion
be alert 11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
TRAFFIC ROAD CHECK 13. Hand signal should be with arm and palm facing the person
- It is done to inspect the following:
1. Faulty vehicle equipment WHISTLE SIGNAL
2. Registration and licensing procedure 1. One long blast for STOP
3. Intoxication or cargo check 2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE
TYPES OF TRAFFIC CHECK
1. Faulty vehicle A. COMMAND OF TRAFFIC
2. Officer directing road check - Stand where you can be seen with firm and posture

CONSIDERATION IN ROAD CHECK B. GESTURE IN STOPPING

1. Minimum delay to motorist - Point the arm and index finger toward the vehicle to be stopped
2. Thorough checking procedure then show your palm
3. Protection and safety of parties involved - Repeat the process at the opposite side
4. Timing and location and frequency - Not lower your arm until traffic is ceased
C. GESTURE TO START TRAFFIC
OBJECTIVE IN DEALING WITH VIOLATORS - Stand sideways
1. Immediate objective- to act against the person - point your index finger toward the vehicle to start, hold it till he
2. Ultimate objective- to change the future of a person verified, swing your hand up to your chin
- drop and repeat the process at the opposite side
POINTS TO REMEMBER - Use it when they are slow or hesitant to move
1. Violators are diversified
2. Conflicts arises in violators D. RIGHT TURN GESTURES
3. You are professional officer, there is no professional violator - Not required at intersection
4. Be alert for an unexpected - Point to the vehicle you want to turn and point to the direction of
turning
TRAFFIC SUPERVISION, DIRECTION AND CONTROL - Vehicles to your left for right turn bend your left arm and allow a
- an act of overseeing the traffic to keep order on street and thumb sign
highways within existing laws
E. LEFT TURN GESTURES
POLICE WORKS - Vehicles turn left from right, stop vehicle from right and direct
1. Accident investigation vehicle to the left
2. Less serious offense - Left turn vehicle from your right, turn around and repeat the
3. Serious traffic offense procedure above
- Street with one lane only
OFFICERS ARE REQUIRED TO BE SKILLED IN THE a. allow space for ongoing straight and turning left
FOLLOWING INSTANCES: vehicles
1. Accident scene b. direct finger left turning car with proper finger left
2. Emergencies c. semaphore signals may be used
3. Planned and special events
4. Regular points and integration control F. TWO-OFFICER TRAFFIC
5. Directing pedestrian movement - The team leader shall initiate command followed by the members.

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE TECNIQUES IN TRAFFIC DIRECTION AND CONTROL
FOLLOWING PLACES: 1. Keep intersection open
1. Not signalized intersection 2. Don’t allow motorist to cross without exit
2. Signalized intersection 3. Stop motorist at their lane
3. Between intersection 4. Prefer to stop the last moving vehicle

SUPERVISED ROUTE TRAFFIC JAM

- A street or highway on which traffic is supervised to some - It is caused by such factors as vehicular accident, stalled vehicle,
considerable degree absence of traffic enforcer and road construction.
PROCEDURES IN TRAFFIC JAM
POLICE TRAFFIC DIRECTION 1. Determine the cause
- It involves telling the public how and when they should not stand 2. In case of accident conduct fast investigation
and move 3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam
POINT/ AREA CONTROL
- It is the part of the traffic direction concerning the control of RESPONSIBILITIES OF TRAFFIC ENFORCER
vehicular/ pedestrian movement 1. Enforce the law without fear or favor and assist public when
needed
POLICE TRAFFIC ESCORT 2. In an intersection, remember the following:
- It involves mobile supervision of traffic movement, directing a. personal safety of enforcer
orally and visually are done to allow free and safe movement of b. policeman’s visibility
escorted vehicles. c. visibility of officers to traffic
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 d. non obstruction to traffic - movement of traffic
e. ability to effect necessary control - performance value
3. Officer shall not leave his post during tour of duty without permission
from higher authority. In case personal necessity he should notify the III. REGULATION AND CONTROL
station. a. Limited to public safety and convenience
4. Respond immediately to emergency calls and notify the station b. Limitation imposed on road users
5. Be calm and control the temper even under provoking situation c. General rule of road use and conduct
6. He should be in proper uniform - speed
7. In apprehending issue citation, and do it in one minute - overtaking
- right of way
PEDESTRIAN CONTROL - lateral placement
- pedestrian right and duty
PROGRAM OF PEDESTRIAN ENFORCEMENT BASICALLY - general rules on parking
DEPENDS ON THE FOLLOWING: d. Prohibited and restriction
1. Campaign - one way regulation
2. Guiding on the post - speed control
3. Warning ticket - curb parking control
- turning regulation
DRUNKEN DRIVERS - stop rule
- it is a driver who drives under the influence of alcohol with 10% of
intoxicating level TRAFFIC CONTROL DEVICE

FIELD SOBRIETY TEST 1. ELEMENTARY REQUISITES

1. Walk on straight line - Compel attention
2. One foot balance - convey simple meaning at a glance
3. Reading - allowing time for response
4. Spelling - command respect
5. Counting from 1 to 10
6. Video tape the movement 2. FUNDAMENTAL TRAITS
7. Photograph the unguarded movement - design and outward aspect
CHEMICAL TEST - position and placement
1. Blood test - maintenance and condition, appearance and visibility
2. Urine test
3. Perspiration test 3. TYPES OF TRAFFIC CONTROL DEVICE
4. Breath test - traffic or road sign
5. Skin test - pavement markings
- traffic light
EVIDENCE AGAINST DRUNKEN DRIVERS - traffic island
1. Drivers admission
2. Co-occupants testimony FUNCTIONAL CLASSIFICATION OF TRAFFIC CONTROL
3. Material witnesses testimony DEVICES
4. Photograph of drunken driver 1. Regulatory devices
5. Video/ voice tape of driver 2. Warning devices
6. Officers testimony 3. Guiding devices

LEGAL ACTION AGAINST DRIVER AIMS OF SIGNAL CONTROL

1. Submit him to the nearest laboratory for testing 1. Reduce traffic conflict and delay
2. Impound the vehicle 2. Reduce accident
3. Confiscate the license 3. Economize police time
4. Recommend the suspension of privilege
5. Sue him for violation ADVANTAGES OF SIGNAL INSTALLATION
6. If acquitted recommend suspension of license 1. Made for well ordered movement
2. Reduce accident frequency
TRAFFIC ENGINEERING 3. Provide means of interpreting heavy traffic
- defined as calculating manipulation or direction. It includes 4. Economical over manual control at intersection
forecasting of future traffic demands. 5. Coordinating in providing continuous flow of traffic
6. Increase traffic capacity
FUNCTIONS
1. Fact finding survey and recommendation of traffic laws CLASSES OF TRAFFIC SIGNS
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation a. DANGER WARNING SIGNS
b. REGULATING SIGNS
OBJECTIVES - priority signs
1. Achieve free and efficient and rapid flow of traffic - prohibitory signs
2. Prevent traffic accident - mandatory signs
3. Promotion of traffic engineering c. INFORMATIVE SIGNS
4. Show that good police action and performance makes engineering - advance sign
plans effective - place identification sign
- confirmatory sign
APPLICATION OF THE OBJECTIVES OF TRAFFIC
ENGINEERING PRINCIPLES OF SIGNS
1. Habitually congested commercial areas 1. Red triangle connotes hazard
2. Heavily traveled thoroughfares 2. Red ring with diagonal line connotes prohibition
3. Congested local areas and intersection 3. Blue/ green provides information
4. Special occasion of event 4. Signs on blue disc give positive instruction
5. Disaster or emergency
6. School crossing INTERNATIONAL SIGN
1. Round and red; regulatory movement
METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC 2. Round black yellow sign, warning sign
ENGINEERING 3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
I. PLANNING AND GEOMETRIC DESIGN 5. Red triangle and black sign, approaching danger zone
- composition of traffic stream
- traffic volume and capacity TRAFFIC LIGHTS
- origin and destination 1. Red- stop
2. Amber- slowdown
II. FACTORS INFLUENCING DESIGN 3. Green- go
- traffic composition
- traffic volume
- vehicle speed PAVEMENT MARKINGS
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 9
 1. Arrows point to direction STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT
2. Straight lines means no overtaking INVESTIGATION
3. Broken lines means overtaking is allowed
STEP 1. UPON LEARNING THE INCIDENT CHECK THE
ROAD CLASSIFICATION FOLLOWING
1. What happened
ACCORDING TO POLITICAL SUBDIVISION 2. Who are involved
1. National road- right of way 20 to 120 meters 3. Where and when it happened
2. Provincial road- link between to municipalities, 15 to 60 meters 4. How it happened
3. City road- interlink in the city, 15 meters 5. Why it happened
4. Municipal road- within town proper 10 meters
5. Barangay road- from market to town 2 meters STEP 2. WHEN EMERGENCY UNDER CONTROL
1. Preliminary question to driver
ACCORDING TO TOPOGRAPHICAL TERRAIN - who is driving
1. Flat road - ascertain sign of nervousness
2. Zigzag 2. Gather clues for identification
3. Steep hill 3. Ask other witnesses
4. Down hill 4. Examine driver’s condition
5. Winding road - check the license and other record
6. Mountainous road - check registration
7. Roller coaster road - verify ownership
- account step by step events
FUNCTIONAL CLASSIFICATION OF ROADWAY 5. Position and location of vehicles
1. VEHICLES PASSES SAFELY ON - lights
- climb lane - gear position
- overtaking lane - mark the position of vehicle
- acceleration lane - look for the unusual things inside the car
- turning lane 6. Form preliminary opinion
2. PART OF THE ROAD USED FOR: 7. Photograph skid mark and location for later measuring
a. standing lane 8. Record place in which person/ damaged vehicle is placed
b. stopping lane
c. Bus stop STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE
1. Make a test skid
SIDEWALK 2. Ascertain if the violation is tantamount to arrest
- it is the portion of the road that answers the safety of pedestrians 3. Complete examination of vehicle
4. Locate key event or point of impact
ACCIDENT 5. Additional photographs
- that occurrence in a sequence of events which usually produces - vehicle damages
unintended injury, death or property damage - view obstruction
- present condition
TRAFFIC ACCIDENT - control devices
- an accident involving travel transportation on a traffic way 6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio

MOTOR VEHICLE ACCIDENT STEP 4. AFTER LEAVING THE SCENE

- event resulting in unintended injury or property damage 1. Get the medical report
attributable directly or indirectly to the action of a motor vehicle or 2. Notify the relatives
its load 3. Develop the photographs
4. Analyze the specimen
KINDS OF TRAFFIC ACCIDENTS 5. Complete accident report, made copies and file.
In the investigation of traffic accidents, it is imperative for the 6. Complete data on the investigators’ report
traffic investigator to know the kinds of accidents occurred in order to map 7. Reconstruct the accident
out the necessary activities to be done when responding and investigating. 8. Complete the investigation and file it

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT STEP 5. IF THE CASE GOES TO COURT

- refers to any accident occurring on a traffic way involving persons 1. Seek the desire of the prosecutor to strengthen the case.
using the traffic way or travel or transportation, but not involving a 2. Return to the scene of the incident to gather additional data
motor vehicle in motion (ex. Pedestrian and a cyclist in a traffic 3. Make a pre-trial conference
way) 4. Testify in court
2. MOTOR VEHICLE NON-TRAFFIC ACCIDENT 5. Arrange the file for future purposes
- any motor vehicle accident which occurs entirely in any place
other than a traffic way (ex. Accident on a private driveway) IN CASE OF INJURIES:
1. Stop arterial bleeding
3. MOTOR VEHICLE TRAFFIC ACCIDENT 2. Ask for help
- any motor vehicle accident occurring on a traffic way (ex. 3. Protect the wound for exposure
Collision between automobiles on a highway) 4. Cordon the place
CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO
CHAIN OF EVENTS IN A VEHICULAR ACCIDENT SEVERITY
1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing 1. Fatal
and understanding the usual or unexpected movement or condition 2. non fatal
that could be taken as a sign of an accident about to happen 3. Property damage
2. START OF EVASIVE ACTION – it is the first action taken by a
traffic unit to escape from a collision course or otherwise avoid a CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO
hazard KEY EVENT
3. INITIAL CONTACT – the first accidental touching of an object 1. Running off road
collision course or otherwise avoids a hazard 2. Non-collision on road
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or - overturning
overlap in a collision; the force between the traffic unit and the 3. Collision on road of vehicles with the ff:
object collided with are greatest at maximum engagement - pedestrian
5. DISENGAGEMENT – it is the separation of a traffic unit in - moving vehicle
motion from an object with which it has collided; the force - parked vehicle
between the object ceases at this time - bicycle
6. STOPPING – this is when the traffic units involved come to rest; - railroad train
it usually stabilizes the accident situation - fixed objects
7. INJURY – it is receiving bodily harm; this event does not
necessarily occur after the accident but within any of the chain of CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT
events; it may also happen right after the evasive action taken by A. SIMULTANEOUS FACTORS
the drivers involved or during the initial contact - Road condition
- Driver’s attitude
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 - Weather condition 4. SKID MARKS – these are marks left on the roadway by tires
B. SEQUENTIAL FACTORS which are not free to rotate, usually because brakes are applied
- Unsafe greater speed strongly and the wheels locked
- Defective vehicle 5. TRAFFIC UNIT – any person using a traffic way for travel,
C. OPERATIONAL FACTOR parking or other purposes as a pedestrian or driver, including any
- Road hazard vehicle, or animal.
- driver’s non compliance 6. HAZARD - a hazard is generated when a critical space-motion
D. PERCEPTION FACTOR relationships between a traffic unit and another object develops
- driver’s inability to react due to the movement of either or both (ex. A curve in the path is a
- driver’s faulty action to escape hazard; another traffic unit in the path is a hazard.)
7. SAFE SPEED – the speed adjusted to the potential or possible
HIT AND RUN INVESTIGATION hazards or the road and traffic situation ahead; safe speed on the
- This applies to drivers who failed to stop at a road road is determined by the road rather than the particular driver of a
accident vehicle (ex. A curve ahead is a hazard and a safe speed for it is a
speed at which it can be taken comfortably
LEGAL CASES TO BE FILED: 8. STRATEGY – the adjusting of speed, position on the road, and
1. Abandonment of one’s victim direction of motion, giving signals of intent to turn or slow down,
2. Failure to lend assistance or any other action in situations involving potential hazards
3. Reckless imprudence resulting to homicide 9. TACTIC – any action taken by the traffic unit to avoid hazardous
4. Reckless imprudence resulting to damage to property situations like steering, braking or accelerating to avoid collision or
5. Failure to render assistance to victim other accident.
6. Violation of section 55 of RA 4136 10. IMPACT – the striking of one body against another or a collision
7. Civil liability of a motor vehicle with another motor vehicle.
11. CONTACT DAMAGE – damage to a vehicle resulting from
COMMON NATURE OF HIT-AND-RUN direct pressure of some foreign object in a collision or roll over; it
1. Ran over pedestrian is usually indicated by striations, rub-off of material or puncture.
2. Sideswiped pedestrian 12. FACTOR – any circumstance contributing to a result without
3. Collided with moving vehicle while overtaking which the result could not have occurred or it is an element
4. Collided with moving vehicle while overtaking on opposite necessary to produce the result, but not by itself sufficient.
direction 13. PRIMARY CAUSE – a misnomer loosely applied to the most
5. Damaged parked vehicle obvious or easily explained factor in the cause of an accident or the
6. Crushed police road block most easily modified condition factor.
7. Bumped by stray animal 14. CAUSE – the combination of simultaneous and sequential factors
without any one of which result could not have occurred.
15. ATTRIBUTE – any inherent characteristics of a road, a vehicle,
INVESTIGATING FOR UNKNOWN FACTS or a person that affects the probability of a traffic accident.
1. Victims identity 16. MODIFIER – a circumstance that alters an attribute permanently
2. Kind of vehicle or temporarily.
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION

1. Send the corpse to laboratory after investigating
2. Obtain fingerprint and other specimen and send it to laboratory
3. Splintered glass can be a lead
4. Broken headlamp manifest a run over
5. Paints might stick at victim belonging
6. Don’t forget to bring paper and pencil for initial note taking

EXAMINATION OF RECOVERED VEHICLE

1. Recover physical evidence immediately
2. Measure the vehicle
3. Photograph the vehicle, debris and chipped off part
4. Check the interior of the car for driver’s identity

INVESTIGATION AID FOR TRAFFIC ACCIDENT

INVESTIGATION
1. Motor vehicle certified registration
2. Repair shop
3. Department records

DOCUMENTS TO BE FILED IN CASE OF DEATH

1. Referral slip
2. Arrest report
3. Traffic accident report (TAIC)
4. Affidavit of parties involved
5. Witness’ statement
6. Photograph

DOCUMENTS TO BE FILED IN CASE OF INJURY

1. Memorandum of preliminary investigation
2. TAIC
3. Estimated amount of damage, it is made by authorized repair shop
4. Affidavit of parties involve
5. Witness statement
6. photograph

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT

INVESTIGATION
1. MOTOR VEHICLE – any device which is self-propelled and
every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails
2. KEY EVENT – an event on the road which characterizes the
manner of occurrence of a motor vehicle traffic accident
3. DEBRIS – the scattered broken parts of vehicles, rubbish, dust and
other materials left at the scene of the accident caused by a
collision

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 11
 CDI 3: SPECIAL CRIME INVESTIGATION
Prepared by: PROF. FELINO “IDOL” AGUIT BRAGADO

A. CASES SUBJECT OF SPECIAL CRIME INVESTIGATION

1. Homicide (Generic term which includes murder, parricide, infanticide or
death where the suicide is suspicious)
2. Sex Crimes
3. Robbery (Theft and Carnapping)
4. Arson
5. Swindling or Estafa cases
6. Bank Frauds
7. Kidnapping
8. Bombing
9. Falsification of Documents
10. Narcotics Control Investigation
11. Narcotics Death Investigation
12. Hit and Run Accident Investigation

Note: The cases discussed hereinafter are only those which by their nature are
difficult or complex.

B. BASIC CRIMINAL INVESTIGATION

Preliminary Investigation - A Criminal Investigation begins as

soon as the first police officer who responds to a call for police assistance, or
who discovers that a crime has been committed, arrives at the scene of the
crime. Looking for the criminal, identifying witnesses, and protecting
evidence are all forms of investigative action. This is usually referred to as
the preliminary investigation.

At times, the preliminary investigation is all that is needed to able

the police to arrest a suspect and to assure prosecution. At other times, the
crime maybe such a minor nature that the expenditure of police time and
effort beyond the preliminary investigation is unwarranted in the face of
other, more pressing matters. In both of these situations the investigative
function ends at that point.

In many cases, however, further and detailed investigation is

essential. This is almost always true when a serious crime has been
committed or when the identity of a suspect or his motive or means of
committing the crime are unknown. Such investigation is usually necessary
not only to enable the police to make an arrest, act also to avoid charges of
improper procedure, or charges of not having examined all possible evidence,
during the course of a trial of the dependant and the guilt of some other
person.

Defense attorneys are quick to point out defects and missing

elements in the investigative process to call for the acquittal of their clients
on the grounds that the requirements of the law or the mandates of the courts
have not been complied with, or that a more thorough investigation might
have prove the innocence.

When investigation beyond the preliminary stage is necessary a

specially trained investigator is generally called upon. The smaller police
departments may not have such personnel and thus may assign investigations
to patrol officers or to superior officers. The difficulty and importance of the
criminal investigation are such, however, that specialist should be called upon
whenever possible, even if this means seeking the assistance of other law
enforcement agencies.

Not only is a high degree of special knowledge and ability

involved in detailed investigatory work, but the average patrol officer lacks
the time and the freedom of movement which is required for a full
investigation, unless he is permitted to abandon his patrol assignment.

The detailed investigation is often referred to as the follow-up

investigation in order to differentiate it from the preliminary investigation. It
begins when the investigating officer arrives on the scene of the crime. It
ends when the investigator's superiors determine that further investigation is
either unnecessary for prosecution or that it will not produce additional
information or evidence of value.

The follow-up Investigation - There are several initial steps

which are common to almost all follow-up investigations. This is not to
suggest that all criminal investigations are conducted in the same manner, or
even that all investigations of a particular crime are conducted similarly. It
does mean, however, that many years of investigative experience have
demonstrated the importance of certain basic investigative steps regardless of
the nature of the crime.

The great difficulty lies in determining the proper order of these

steps. Crime scenes are usually characterized by confusion, noise and great
activity. By the time the assigned investigator arrives, these may be numerous
patrol officers, ambulances, and medical personnel, relatives of the victim,
witnesses, news reporters, and curious on-lookers on the scene.

The scene may be one of impending danger, of destroyed or

damaged property, of individuals angrily making and denying accusations, of
extreme physical pain and personal grief, of dangerous ongoing searches for
the criminal, and of various other unsettling conditions which do not permit
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 12
strict reliance upon some predetermined sequence of investigative steps. him to take into custody a suspect who had not been arrested by the first
Moreover, the crime scene may be in a rapid state of change, either because police officer on the scene. He should make the necessary arrest in such cases
of the people who are present, or because of weather and other natural (following proper arrest procedures) in order to prevent the suspect from
factors. Information and evidence maybe disappearing rapidly. leaving the area before the completion of the investigation. The investigator
may arrest a suspect before he takes the above described step of assuring the
The investigator therefore, must not only be aware of the basic prevention of evidence if the delay might enable the suspect to escape. He
steps of the follow-up investigation, but he, must also be able to recognize should not to do so, however, before he has done whatever is necessary to
immediately which of these steps are necessary and which are not, and which ascertain that the crime committed will not cause injury or property loss nor
must be given priority over the others in any given case. This will depend on before he has aided any injured person. An exception is the case in which he
what has been done during the preliminary investigation, on the nature of the has to make an arrest in order to be free to perform these more important acts,
crime, and on the crime-scene situation at the time of his arrival. These is no as when he arrives while one person is still in the act of assaulting another.
substitute for good judgment and sound experience in choosing a course of
action. Obtaining a Preliminary Report: After the investigator has prevented
further damage, or injury, aided the injured, protected the crime scene, and
The follow-up investigation may be considered to consist of three arrested any suspects who must be taken into custody immediately. He should
phases: the activities performed by the investigator on his arrival at the scene turn to the officer who had proceeded him to the scene in response to a call
of the crime; the crime scene investigation; and subsequent actions. for police assistance.

Aiding the injured - The same rule applies with regard to persons "The responding officer" may be able to make his "preliminary report"
injured during the commission of a crime. The first police officer on the while the investigator is performing the initial steps. This is particularly
scene should have administered emergency first aid and request medical desirable, if an arrest had been made by the responding officer or if a pursuit
assistance he necessary. If this has not been done for some reason the has been initiated to apprehend a person suspected for the commission of a
investigator must do so before proceeding with his investigation. This can crime.
sometimes occur when there are many wounded people or when a deranged
person is keeping the first officer on the scene from helping the injured. A. HOMICIDE INVESTIGATION
1. THE THREE BRIDES IN HOMICIDE INVESTIGATION WHICH
Protecting Evidence at the Crime Scene - The first police officer SHALL NOT BE CROSSED
on the scene should also have secured the crime scene to make certain that A. The first bridges is that the dead body has been moved.
any existing physical evidence is not altered, or removed. Often however, the B. The second bridge is when the cadaver has been embalmed.
officer is so busy with the crime scene area. Often, too, he is not fully aware C. The third bridge is when the dead person is burned or cremated.
of what constitutes physical evidence, or how it can be altered by accidental 2. AUTOPSY defined - It is process by which the pathologist or the medico-
or deliberate actions of the victim, witnesses, bystanders, and others. The legal officer conducts an examination on the cadaver to determine the exact
investigator must therefore assure that the entire scene is properly protected cause of death. Autopsy should be performed at once when there is the
pending his own careful search for evidence and the arrival of evidence slightest reason to suspect the probability of homicide.
technicians.
3. AUTOPSY DISTINGUISHED FROM POST MORTEM
Arresting Suspects - The investigator's superior knowledge of the EXAMINATION
laws of arrest and of the meaning of physical evidence, his greater experience Post Mortem examination is the cursory examination of the dead body by the
in dealing with crime, and his ability to recognize known criminals may medico-legal officer at the crime scene. Autopsy is more detailed.
enable him to take into custody a suspect who had not been arrested by the
first police officer on the scene. He should make the necessary arrest in such 4. AUTOPSY OR NECROPSY REPORT - It is the medical document or
cases (following proper arrest procedures) in order to prevent tin suspect report stating the cause of the death of the victim.
from leaving the area before the completion of the investigation.
5. THE DEFINITION OF DEATH IN THE MEDICAL SCIENCE When
The investigator may arrest a suspect before he takes the above any of the three vital body functions is no longer performing:
described step of assuring the prevention of evidence if the delay might A. Respiratory system
enable the suspect to escape. He should not to do so, however, before he has B. Cardiac activity
done whatever is necessary to ascertain that the Crime committed will not C. Central nervous system
cause injury or property loss nor before he has aided any injured person. An
exception is the case in which he has to make an arrest in order to be free to 6. THE THREE SIGNS OF PRESUMPTIVE DEATH
perform these more important acts, as when he arrives while one person is A. Cessation of breathing or respiratory movement
still in the act of assaulting another. B. Cessation of heart sounds
C. Loss of flushing on nails beds when pressure a released.
UPON ARRIVAL
Protecting the Public: The investigator must be certain that the crime which 7. SUSPENDED ANIMATION defined - It is a condition in which the
he is investigating is not itself the cause of more crime or of accidents which cardiac activity, breathing and functioning of the nervous system may be
will cause additional injury or property damage. In many cases the officer deceived into an assumption of death.
who first responded to the call for police assistance will have taken any
necessary action. If he has not, the investigator must do so. 8. CONDITIONS WHICH PRODUCE SIMULATED APPEARANCE
OF DEATH
Thus, the investigator assigned to investigate a fire set by an A. Electric Shock
arsonist who would first have to do anything he is asked to do by the other B. Prolonged Immersion in water
officer in charge to prevent looting or interference with fire-fighters, even C. Poisoning from narcotics drugs
though his investigation could have begun immediately upon his arrival. D. Barbiturate poisoning
Similarly, he would have to remove a car that is standing where it is likely to E. Certain mental illness
be struck by other vehicles, even if moving it might impair the investigation.
The fundamental rule is that, for police officers, the protection of people and 9. METHOD OF IDENTIFYING THE DECEASED
property has a higher priority than does the apprehension of criminals. A. Fingerprint
B. Skeletal studies by an Anthropologist
Aiding the Injured: The same rule applies with regard to persons injured C. Visual inspection
during the commission of a crime. The first police officer on the scene should D. Personal Effects
have administered emergency first aid and request medical assistance if E. Tattoo marks
necessary. if this has not been done for some reason , the investigator must to F. Dental Evidence by the forensic Odontologist
so before proceeding with his investigation. this can sometimes occur when G. Clothing's
there are many wounded people or when a derange person is keeping the the H. Photograph
first officer on the scene from helping the injured.
10. COMMON FORMS OF EXTERNAL VIOLENCE
Protecting Evidence at the crime Scene: The first police officer on the A. CONTUSION - an injury found in the substance of the skin discoloration
scene should also have secured the crime scene to make certain that any of the surface due to extravasations of blood caused by the application of a
existing physical evidence is not altered, or removed. Often, however, the blunt instrument.
officer is so busy with crime scene area. Often, too, he is not fully aware of B. ABRASION - injury characterized by removal of the specific epithelial
what constitutes physical evidence, or how it can be altered by accidental or layer of the skin brought about by friction against a hard rough surface.
deliberate actions of the victim, witnesses, bystanders, and others. The C. HEMATOMA - extravasation of blood in the newly formed cavity known
investigators must therefore assure that the entire scene is properly protected as blood tumor caused by blunt instrument
pending his own careful search for evidence and the arrival of evidence D. INCISED WOUND - produced by sharp-edged instrument like bolo,
technicians. knife, broken glass, etc.
E. STAB WOUND - forcible application of a sharp pointed with sharp
Arresting Suspects: The investigator's superior knowledge of the laws of edges.
arrest and of the meaning of physical evidence, his greater experience in F. PUNCTURED WOUND - produced by sharp pointed instrument
dealing with crime, and his ability to recognize known criminals may enable
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 13
G. LACERATED WOUND - tearing of the skin due to forcible contact with
a blunt instrument, which the edges are irregular. 20. DEFENSE WOUNDS - those wounds founds on the forearms or of a
person living or dead. These wounds are inflicted while the victim
11. BULLET WOUND - caused by bullets, which are discharge from a instinctively raises his arms sun protect himself during the attack.
firearm.
The two types of bullet wound are: a. Entrance wound 21. EXHUMATION defined - It is simply defined as the bringing out from
b. Exit wound the grave the remains of a dead person for purposes of mediolegal re-
12. FACTORS THAT AFFECT ENTRANCE WOUND examination.
a. Distance of the discharge of firearm
b. The nature or type of the firearm 22. ASPHYXIA defined - It is a cause of death either by strangulation,
c. The nature and amount of the gunpowder immersion or blocking the air passage in the body of a person, which will
d. The affected part of the body cause his death.

13. THE EVIDENCE OF SUICIDAL GUNSHOT WOUND 23. DYING DECLARATION OR ANTE MORTEM STATEMENT
A. A near-contact fire, evidenced by burning or tattooing around QUESTIONS TO BE ASKED ON THE DYING PERSON:
the wound. A. What is your name, address and other personal circumstances?
B. Presence of one gunshot wound B. Do you believe that you are about to die?
C. Body part involved is accessible to the dexterous hand. C. Do you have any hope of recovery from your injuries?
D. Presence of suicide note D. Tell me how you were injured.
E. Wounding firearm is tightly held (cadaveric spasm) E. Tell me the name and description of the person who injured you.
F. Do you swear to the truth of your statement?
14. EVIDENCE OF ACCIDENTAL SHOOTING
A. usually one shot B. SEX CRIMES
B. No special area of the body is involved 1. CONCEPTS ABOUT SEX CRIMES
C. Testimonies of witnesses. A. It is triggered by emotions. A person who commits a sex crime has lost
control of his emotions. It is a not something you can set out and analyze. It
15. EVIDENCE OF HOMOCIDAL GUNSHOT WOUND hiya compulsion coming within offender.
A. Site of the entrance wound has no point of election B. Gratification of the sex urge is often done in strange and morbid methods.
B. Discharge of firearm is made when victim is some distance It involves an addiction. Sex is a normal human need, hence, this must be
away. considered in the investigation of the sex crime.
C. Sign of struggle may be present
D. Sings of disturbance in the surroundings maybe present. 2. THE CATEGORIES OF PECULIAR WAYS OF PEN OFFENDERS
A. FETISHISM - objects convulsively used in attaining sexual gratification.
16. TERMS CONNECTED WITH HOMOCIDE B. SYMBOLISM - the -representation of things by the use of symbols
A. HOMOCIDE - The killing of a human being by another human being especially in the art or literature such as systems of symbols and symbolic
B. PARRACIDE - The killing of a person to whom he is related such as meanings; and a group of symbolist as in the art or literature.
parent, grandparent, legal wife, or child or grandchild. C. RITUALISM - sex offenders of this category use the same approach or
C. INFANTICIDE - The killing of a child less than three years old pretext all the time. This will help in solving serial rapes by analyzing the
D. MURDER - The killing of a person attended by any of the qualifying peculiar rituals used.
circumtances. D. SEX FANTASY OR DREAM WORLD - The sex FANTASY
E. ABORTION - The killing of the fetus overcome the offender who puts his dreams to reality to see he will feel even
F. SUICIDE - Taking one's own life intentionally and voluntarily better and its importance to him.
G. ABORTICIDE - The killing of the fetus inside the womb which is called E. SADISM - prior acts of cruelty before the sex encounter brings climatic
ABORTION sexual satisfaction.
H. EUTHANASIA - Mercy killing or painless death of a person suffering F. MASOCHISM - sexual satisfaction is gained by being humiliated, hurt or
from incurable disease to cut short his suffering. This is murder with the beaten before the sexual act.
qualifying aggravating circumtances of treachery. G. SADO- MASOCHISM - inflicts injury and at the same time enjoys
having injury inflicted upon in preceding the sexual act.
17. ESTIMATES OF TIME OF DEATH H. VOYEURISM - A sexual gratification by looking at nude person Peeping
Toms are included in this category.
A. ALCOR MORTIS (BODY COOLING) I. SATYRISM - An abnormal over-sexual activity on the part of the man.
(1) GENERAL RULE - 1.5 degrees F loss per hour when room temperature The abnormal sexual offender is called satyr, which was derived from the
is about 70 F. Dr. Simpson estimate 2.5 degrees an hour for the first 6 hours, Greek Mythology of a half-man half-goat animal who could impregnate fifty
an average of 1.5 to 2.0 degrees F over the first to five hours. Drs. Rhodes, female goats a day.
Gandon and Turner - 1.5 degrees loss for the first 12 hours and 1 degree for J. NYMPHOMANIA - the compulsive and uncontrollable feeling of woman
the next 12 to 18 hours. to over indulge in sexual activity. The woman is called nypmphomaniac.
2) FACTORS OF COOLING - Body temperature at the time of death, body K. NECROMANIA OR NECROPHILIA - sexual gratification on a dead
size (fat slower; child - faster) clothing or covering; environmental person or love towards a dead person.
temperature (wind and high humidity increase evaporation of water and Person.
hasten cooling) emersion in water (good conductor). L. PEDOPHILIA - sexual gratification where the victims are children. The
person afflicted with this sexual perversion is the pedophile.
B. RIGOR MORTIS - (Stiffening of muscle tissues) General rates averages
clothed adult, observable in the small muscles first. Detected within 2-4 3. OTHER TERMS CONNECTED WITH SEX CRIMES
hours, completed within 6-12 hours. A. SODOMY - sexual intercourse thru the anus or anal sex.
B. ORAL SEX - sexual perversion where gratification is thru the mouth.
C. LIVOR MORTIS or POST MORTEM LIVIDITY - It is the blood C. BESTIALITY - sex gratification is thru sexual intercourse with animals
inside the cadaver which settles down on the body part nearest the ground like pets such as dogs, cats, etc.
and clots due to the action of gravity. It forms a deep brown or black D. IMPOTENCY - the failure to have erection of the male organ.
discoloration on the skin. If the dead brown or black is resting on its back the E. STERILITY - the failure to procreate or produce offspring. A man may
livor mortis or post mortem lividity will form at the back, so with other parts not be impotent but sterile and vice versa. A woman is never called impotent
of the body depending upon the position at the time of death. but maybe sterile.
(1) RATE - Visible in 1/2 to 4 hours; well-developed.
Body- 3-4 hours: maximum - 8-12 hours. 4. VIRGINITY - It is the condition of a woman where the hymen of her
(2) FACTORS - Circulatory failure (stagnation; skin livid less marked; vagina is still intact or unruptured. It does not mean that when the hymen is
Carbon monoxide poisoning; Cyanide poisoning; Case of rapid cooling intact, there is no case of rape. The mere touching of the labia majora (major
(waters). Tradieu's spot Petechiate( over congestion of blood in capillaries). lips) of the pudendum (vagina) by the male organ is considered as
consummated rape because there is a slight penetration. Virginity is not an
18. CADAVERIC SPASM defined - The stiffening of the tissues occurs element in the crime of rape because even the prostitute who is veteran of
immediate after death. This happens when there is severe injury to the central many foreign warp could be a complainant.
nervous system or when these is great tension at the moment of death. The
body becomes stiff and the hand may be found clutching the weapon tightly, Virginity is not only lost thru sexual intercourse but by bicycle
thus the presumption of suicide. riding or other strenuous physical exertion on the part of the woman, or the
Ordinarily, the hand relaxes after death and the weapon falls away. If the insertion of an object while in the act of masturbation.
weapon is subsequently placed in the hands of a dead person, it will be there
loosely. It is not possible to force the hand to grasp the weapon tightly. This 5. RA 8353 (Anti -Rape Law of 1997)
is very relevant in investigating armed encounters or in violent unlawful A. Rape now is classified as crime against persons. Previously, it is a crime
aggression. against chastity. Thus, there is now an impossible crime of rape. Raping a
dead person believed to be alive by the offender is impossible crime of rape.
19. PRESIPITEN TEST - A chemical process to determine whether a blood B. Rape could be committee on male person.
is of human or animal origin. C. Martial rape could also now be committed by the husband.
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 14
D. The insertion of the remission or objects into the mouth, genitals or anal k. Merchandise - portable items easy to be disposed off, which
orifice of another person with carnal knowledge is rape. maybe stolen and easy to seli.

6. STATUTORY RAPE - when the victim of rape is twelve years of age and D. THEFT AND ROBBERY INVESTIGATION
below, it is statutory rape. The reason for this is that even if the child 1. TWO TYPES OF ROBBERY
consented to the sexual intercourse, her consent is not valid because her age, A. Force upon things as means of entry to the house or building; and
she could not give a valid consent. B. Intimadation or violence upon persons.

EVIDENCE IN THE INVESTIGATION OF RAPE 2. FORCE UPON THINGS

1. Panty or other clothing of the victim A. As means of entry, a locked door is broken or forced open. A closed nut
2. Physical examination of the victim to determine signs of force such as unlocked door is not a locked door.
injuries or the presence of seminal fluids inside her organ. B. Thru an opening which might be not locked but which is not intended or
3. Detached public hairs of the victim and suspect. designed for entry. If a robber enters a building thru the open or locked
4. Physical examination of the suspect and the examination news clothing. window where he takes personal properties inside, it is robbery;
5. Relevant matters at the scene of the crime C. If the door is open or closed but not locked, and once inside breaks open
6. Testimonies of witnesses if there is any. locked drawers, aparadors, wardrobes, safes where personal properties are
7. Written complaint of the victim. taken, it is robbery.
D. If the door is open and used as entry and while inside, the robbery brings
C. NARCOTICS DEATH INVESTIGATION out receptables such as aparadors, drawers, wardrobes, safes and other forms
1. THE THREE PHASES OF NARCOTICS DEATH INVESTIGATION of receptacles and while outside breaks open these receptacles where personal
a. The scene of death investigation properties are taken it is robbery.
b. The medical examination E. The use of picklocks to open locked doors or locked receptacles inside and
c. The toxicological investgation personal properties are taken, it is robbery. Genuine keys stolen from the
owner are considered picklocks.
2. DEATH DUE TO NARCOTICS - A common occurrence in the use of F. The mere possession of picklocks is punishable under the Revised Penal
prohibited drugs is the death of the user. The investigation should determine Code.
the manner of death which is either homicide, suicide or accidental. A
thorough investigation at the scene helps the medical examiner in 3. VIOLENCE OR INTIMIDATION UPON A PERSON
determining the cause of death. A. Hold-ups are included in this category.
B. Snatching or handbangs or jewelries are considered under this category. If
THE PSYCHOLOGICAL SYMPTOMS OF USE OF DRUGS the victim puts resistance and violence is applied by the robber on his person;
A. Poison - symptoms, signs, causes of death. C. The violence or intimidation is directed against the person who is the
B. Codeine - nausea or vomiting, dizziness, constipation (500mg) and owner of the personal property or his caretakers or guards.
respiratory failure. D. Poking a gun or other deadly weapon on the victim to divest his personal
C. Heroine and Morphine - sweating, loss of appetite, nausea, constriction, property are some forms of intimidation; if the injuries of the victim are of
itching thirst, cyanosis. slight in character, it is absorbed as a form of violence. But if the injuries are
D. Barbiturates - lower body temperature, cyanosis, skin rashes, of less serious or serious in character, it is a complex crime of Roberry with
constipation, and cold extremities (1.6 g) Physical Injuries.
E. Cocaine - nausea, vomiting, chills, sweating, thrist, convulsion, (500 mg) E. If death results due to robbery with violence or intimidation of persons, a
circulatory and respiratory failures. complex crime of Robbery with Homicide is commited, irrespective whether
F. Amphetamine - diarrhea, constipation, nausea, vomiting, cramps, chills, tge death occurs among the robbers. Heart attack or stroke as a consequence
sweating, thrist, convulsion, petechial hemorrhage. of the robbery is still Robbery with Homicide;
F. If on the occasion of the robbery, rape is committed the crime is Robbery
4. BODY SIGNS with Rape.
A. Cyanosis - bluish discoloration of the face or finger nails due to G. If on the occasion of the robbery, homicide and rape were committed, the
insufficient oxygen on the blood caused bi increased carbon dioxide in the proper complex crime is Robbery with Homocide. The rape is considered
body. aggravating circumtances.
B. Petechial Hemorrhage - pin point spots of discoloration as a result of the
capillary reptures due to pressure and generally observed in the eyes, eyelids, 4. THEFT - Personal properties are taken without the consent of knowledge
behind the ears and internally. of the owner.
C. Formation of froth - observed in mouth and nose, maybe white or A. Pickpockets, simple snatching and other forms are included in this
pinkish and caused by fluids entering the air passage. classification.
D. Hematoma - a localized swelling on any part of the body caused by B. Theft inside a house or a building where entry is thru an open closed door
bleeding beneath the surface o the skin. This is caused by skin "popping" but unlocked, this is theft;
rather than by vein injections. C. Breaking the glass panes of a show window and extending an arm to get
E. Needle Marks and Tracks - visual evidence of intravenous injections. the valuables inside is theft as the force upon things is not used as means of
The tracks will follow the vein and results in a dark discolaration and entry. If the one who breaks the glass pane bodily entered the show window,
eventual collapse of the vein. it would be robbery with force upon things.
F. Scar - skin marks caused by the victim in removing needle marks, scrabs, D. Ordering someone to deposit or withdraw money from the bank by giving
which adds to the unsanitary conditions of the victim. the bank book and signed deposit or withdraw slips and that someone
G. Rashes/Scratch Skin - external body signs due to the use of morphine or absconded the money, it is theft.
heroine poisoning. E. Entrusting a piece of jewelry to be sold on commission basis and the agent
failed to remit the price or return the property unsold, the case is not Theft but
5. SCENE OF DEATH - The investigator should carefully take note of the Estafa.
following relevant items in his investigation: F. In theft, there is only material transfer to the property but in Estafa,
a. Paraphernallia - used in the administration of drugs such as there is a juridical transfer of the property. Juridical transfer implies that
syngrine, needle, tooter, tin foils, heaters, tourniquet, spoon or the receiver of the property has the authority to dispose the same. In Theft
bottle top, 'cookies', small balls of cotton, capsules, envelops, there is no such authority.
matches, etc. G. In the investigation of theft and robbery cases, there is the importance of
b. Narcotics medication - laudenum, paregoric, codeine, cough the value of the property subject of the offense, because the imposable
syrup, all utilized as carry over's until the next use in the drug. penalty is based on the value.
c. Maalox, or Milk of Magnesia - medication used to relieved
E. CARNAPPINGINVESTIGATION
nausea, vomiting, constipation, cramps and diarrhea.
1. THE ANTI CARNAPPING LAW - RA 6539
d. Absence of nutritional food - loss of appetite is a symptom of A. CARNAPPING defined - it is the law unlawful taking, with intent to
poisoning. Presence of candy or softdrinks indicates low insulin gain, a motor vehicle belonging to another without the letter's consent or by
count. means of violence against or intimidation of person or using force upon
e. Body fluids - presence of urine, feces, or vomits at the scene things.
maybe evidence of the body attempting to rid the poisoned organs.
f. Clothing or bed linen - sweat stained, soaking of from the victim B. ELEMENTS OF CARNAPPING
having hot and cold flashes. (1) Unlawful taking
g. Lack of ordinary cleanliness - drug dependent is not concerned (2) Intent to gain
with health problems due to neglect. (3) Motor vehicle belonging to another
h. Wet body - evidence of body being immersed in bath tub or (4) Lack of owners consent
shower or having cracked ice placed under clothes or private parts. (5) By violence or intimidation against persons or force upon
things.
This is an attempt to relieve the overdose.
i. Nylon stocking - stretched over a hanger used as sieve or strainer.
C. DEFINITION OF A MOTOR VEHICLE (Sec. 2, RA 6539)
j. Playing cards - with the powder form of drugs such as cocaine or Motor vehicle is any vehicle propelled by means other than
morphine, it is used to scoop the drug for sniffing. muscular power, using the public highways, but excepting road rollers,
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 15
trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, D. Committed by a syndicate. A syndicate consists of three or more persons
foklifts, amphibian trucks and cranes, if not used on public highways, also who planned and carried out crime
vehicle which run only on rails on tracks, tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes. Trailers 5. METHODS IN INCENDIARY FIRE
having any numbers of wheels, when propelled of intended to be propelled by A. PLANTS AND TRAILERS – A preparation to set a fire is termed
attachments to any motor vehicle with no power rating. PLANT. It is designed to feed the fire as rapidly as possible when the ignition
device is lighted. A TRAILER can be compared with a wick that must cause
D. MACRO ETCHING - It is the chemical process of determining the fire not only in one place but could conceivably create an instantaneous fire
aunthenticity of the engine and chassis numbers of a motor vehicle which is a throughout an entire building.
requirement before a clearance is used for registration of newly transferred B. COMBUSTIBLE MATERIALS AND SUBSTANCES – like gasoline,
vehicle from dealers, owners or buyers. kerosene, alcohol, paints, thinner, varnish and others.
C. MECHANICAL CONTRIVANCES – matches lighted cigarettes,
E. MICRO ETCHING - It is the chemical process of restoring erased or candles, flares, etc.
tampered engine and chassis numbers. The process is by continuous D. GAS AND ELECTRICAL APPLIANCES – gas range, toasters, hot
application of strong acid on the suspected tampered or erased numbers. plates, iron, switches, soldering irons and etc.
E. CHEMICAL CONTRIVANCES – acids, phosphorous, or calcium
2. HOW TO DETECT STOLEN VEHICLES hypochlorite. – Contact with soda pop or cola produces immediate chemical
A. No license plate number reaction and results to fire.
B. Sporting improvised plates
C. Spotting plates which are for specific vehicles like yellow plate attached to 6. TYPES OF FIRE SETTERS
the private A. Arson for profit (insurance)
D. Abandoned vehicles B. Solitary Fire Setters – they set fires secretly for revenge or spite. The
E. Fake license plates or stickers reasons are low intellect, senility, intoxication and psychological disorders.
F. No sticker for the current year Included in this category are pyromaniacs, secretary guard who want to be a
G. Haphazardly painted hero, the teenager who will set fire to help the firearm, the lowest housewife
H. Plates do not correspond to the year or model of the vehicle who wants the husband to come home at night, the psychotic fire setter and
the sexual deviate who derives sexual gratification for seeing the fire.
3. MODUS OPERANDI OF CARNAPPERS C. Group Fire Setters – as a means of vandalism by teenagers or by peer
a. Selection of car make or model which easily marketable due to pressure. Riot fires are also done by groups as an outburst of violence,
high demand such as Honda, Pajero. tension or social unrest as a result of mob rule. Political reasons.
b. Collusion of carnappers with sales agents of car dealers who
furnished a copied key and the address of buyers. 7. HOW TO LOCATE THE ORIGIN OF FIRE
c. Use of false key while parked unattended A. By witness – the first who discovered the fire
d. Carnappers sporting as police officers who will check and B. Low Point of Burning – the lowest point of burning should be given the
outmost consideration in locating the origin of the fire. Fire will normally
confiscate purportedly carnapped vehicle.
burn upward. The hot gasses and carbon particles will continue to rise for any
e. By the use of firearms to intimidate or exact violence on the driver.
period of time before the fire spreads downward.
f. Going around early morning where they will drive away cars being C. Charring – the char will generally be deepest from where the fire
washed and while the ignition key is on the switch. originated. When the fire is extinguished quickly, the charring is only slightly
g. Waiting at the gate for the car to arrive or leave where carnappers below the surface.
use violence or intimidation to the driver.
h. Owner make a fictitious report of their vehicles being carnapped. ALLIGATORING – fire burning for a longer period indicates a char pattern
The vehicle then is hidden stripped and dismantle for sale to that is deep and pronounced. The charring on the woods exactly looks like the
automotive parts outlets. Meantime, the insurance is collected. hide of a black alligator. Fire extinguished quickly produces this alligatoring
patterns
F. ARSON INVESTIGATION
1. ELEMENTS OF ARSON 8. COLOR OF SMOKE
A. Actual burning took place A. Steam and smoke – presence of humid substances in contract with
B. done with malicious intent combustible materials.
C. the burning is done by a person who is criminally and civility liable. B. White Smoke – indicates the presence of phosphorous.
C. Grayish smoke – caused by ashes and soot’s of loosely packed materials
2. CONSUMMATED ARSON such as straw or hay.
A. The mere discoloration or scorching of wooden wall by fire is D. Black Smoke – coming from a material with petroleum base such as
consummated arson. rubber, tar, coals, turpentine or petrol gum
B. if the scorching is on the concentrate wall where there is remote possibility E. Reddish Brown or Yellow Smoke – presence of nitrates or substances
of the fire to spread, it is attempted arson. compounded with nitrates acid, plastics, films, or cellphones.
C. The act to set fire with the preparation of inflammable material at the place
to be burned is attempted arson. SCENE OF THE CRIME OPERATION (SOCO)
D. There is no frustrated arson. CREATION OF SOCO
1. RA 6975 as amended by RA 8551 (PNP Law) this law placed the PNP
3. PRIMA FACIE EVIDENCE OF ARSON (PD 1613 and Art. 326 – B, Crime Laboratory as an Operational Support Unit. Formerly, under the PC /
RPC) INP, the Crime Laboratory was an Administrative Support Unit. Because of a
A. If the fire started simultaneously in more than one part of the building or new set up, the Crime Laboratory established the so – called Scene of the
establishments; Crime Operation (S O C O) which is a field operation.
B. If substantial amounts of flammable substances or materials are stored 2. The SOCO now conducts field operation funds. This is an innovation
within the building not necessary in the business of the offender or for because the SOCO now gathers all evidence all evidence at the scene of the
household use; crime and takes custody of them, marking and tagging them.
C. If after the fire, materials or substances soaked in inflammable or any 3. The evidence gathered by SOCO is analyzed scientifically at the respective
mechanical, electrical, chemical or electronic contrivance designed to start a laboratories in order that scientific findings are reduced into laboratory
fire, or ashes or traces of any of the foregoing are found. reports for the criminal investigator in his case preparation.
D. If the building or property is insured substantially more than its actual 4. The duty of the SOCO is to scientifically analyze physical evidence at the
value at the time of the fire. crime scene thru the expertise of their laboratory technicians.
E. If during the lifetime of the corresponding fire insurance policy, more than 5. The SOCO has emerged as an independent operational unit.
two fires had occurred in the same or other premises owned and under the 6. The initial findings of the SOCO at the crime scene should be immediately
control of the offender or insured; given to the criminal investigator so that he can intelligently and immediately
F. If shortly before the fire, a substantial portion of the stocks insured and facilitate the fast solution of the case. The criminal investigator could
stored inside the building were withdrawn not connected with the ordinary immediately formulate the correct theory as path for the solution of the crime.
course of business;
G. If a demand for money or other valuable consideration was made before
the fire in exchange for the desistance of the offender or for the safety of the
person or property of the victim.

4. SPECIAL AGGRAVATING CIRCUMSTANCE IN ARSON (Sec. 4,

PD 1613)
A. Committed with intent to gain
B. Committed for benefits of others
C. Offenders is motivated by spite, revenge or hatred towards the owner or
occupant of the house;

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 CDI 4: ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME INVESTIGATION (PRC)

1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;
3. Transnational or borderless crimes;
4. Kidnapping and terrorism;
5. Cyber/Technology crimes;
6. Organized syndicates;
7. International and national laws, decrees, treaties and statutes.

Concept of Organized Crime

- Organized Crime poses a direct threat to national and international
security and stability, and continues a frontal attack on political
and legislative authority. Organized crimes disrupt and
compromise social and economic institutions, thus causing a loss
of faith in democratic process.

WHAT IS ORGANIZED CRIME?

- An organized criminal group shall mean a structured group of
three or more persons, existing for a period of time and acting
in concert with the aim of committing one or more serious
crimes or offences in order to obtain, directly or indirectly, a
financial or other material benefit
- (UN, PALERMO ITALY, 2000)
- All illegal activities engaged in by members of criminal
syndicates operatives throughout the United States and all
illegal activities engaged in by known associates and
confederates of such members. (U.S Department of Justice)
- Group activities of three or more persons, with hierarchical
links or personal relationships, which permits their leaders to
earn profits or control territories or markets, internal or
foreign, by means of violence, intimidation or corruption,
both in furtherance of criminal activity and to infiltrate the
legitimate economy.
- any enterprise or group of persons engaged in a continuing
illegal activity which has as its primary purpose the
generation of profits and continuance of the enterprise
regardless of national borders. (INTERPOL, according to P.J.
Ryan and G.E. Rush)
- any group having some manner of formalized structure and
whose primary objective is to obtain money through illegal
activities(FBI, according to H. Abaddinsky)
- Planned commission of criminal offenses, determined by the
pursuit of profit and power, involving more than two persons
over a prolonged or indefinite period of time, using a
commercial or business license scheme, violence, and/or
intimidation. (BKA, Germany—BUNDESKRIMINALAMT)
- Is any crime committed by a person occupying, in a
established division of labor, a position designed for the
commission of crimes providing that such division of labor
includes at least one position for corrupter, one position for
corruptee, and one position for an enforcer(FBI)

For Organized Group to Work usually it has at least the following:

1. AN ENFORCER
2. A CORRUPTER
3. A CORRUPTEE

AN ENFORCER
- the one who makes for the arrangements for the killing (injuring
or carrying out the task physically, economically or psychologically) the
members or non members.

A CORRUPTER
- the one who corrupts or bribes, intimidate or threatens, negotiate
or “sweet talks” into a relationship with public officials, law enforcement
officer, or anyone who would be of help in obtaining security and immunity
from possible arrest, prosecution and punishments.

A CORRUPTEE
- a public officials, law enforcement officers or anybody who not a member
of the organization who can helps the organization
Scale of Organized Criminal

CHARACTERISTICS OF ORGANIZED CRIMES

- It is a conspiracy activity involving coordination of
members.
- Economic gain is the primary goal.
- Economic goal is achieved through illegal means.
- Employs predatory tactics such as intimidation, violence
and corruption.
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 - Effective control over members, associates and It is a characteristic of traditional societies that centers on families,
victims. patrons and their clients, and other personalities networks.
- Organized crimes do not include terrorists dedicated to
political change. GENERIC TYPE OF ORGANIZED CRIMES
1. Political Graft
ATTRIBUTES OF ORGANIZED CRIMES - committed by political criminals for purposes of
1. Has no political goal gaining profit though violence or force for the attainment of political goals or
2. Is hierarchical ambitions such as used of private armies, buying of votes or threatening
3. Has a limited or exclusive membership voters.
4. Constitute a unique subculture
5. Perpetuates itself 2. In-Group Oriented Organized Crime
6. Exhibits a willingness to use illegal violence and bribery - manned by semi-organized individual with the end
7. Demonstrates specialization/ division of labor view of attaining psychological gratification such as adolescent gangs.
8. Is monopolistic
9. Is governs by explicit rules and regulations 3. Mercenary/Predatory organized crime
1. Has no Political Goals - perpetuated for the attainment of direct personal gain
Organized crime is basically motivated by money and power. It is but prey upon unwilling victims.
not social doctrine neither political belief nor ideological concerns that
motivated leaders and members of the organized crime groups. Political 4. Syndicated Crimes
involvement may be part of its activities for the purpose of gaining protection - comes with a structure organization that participates in
for its illegal activities. illicit activity in society using force, or intimidation.

2. Hierarchical TYPICAL ORGANIZED CRIME ACTIVITIES

An organized crime has a vertical power structure with at least 1. THEFT and FRAUD
three (3) ranks. The authority is inherent in the position and does not depend
on who happens to be occupying it at any given time. Victimizing business:
Hijacking of cargo trucks
3. Limited or Exclusive Membership Robbery
The criteria such as ethnic background, race, kinship, criminal Bankruptcy fraud (“bust-out”)
record and other similar consideration seems to be the basis for membership Insurance Fraud
in an organized crime group. Stock Fraud (Inside Trading)
Sponsorship by a ranking members and behavior characteristics Victimizing individual persons:
also plays important factors for recruitment such as but not limited to: Car theft (chop-shop or export)
willingness to commit criminal act, follow the rules and regulations and Burglary (robbery in a building)
secrecy in the organization. Stock Fraud (pump and dump scam)
Victimizing State:
4. Constitute a unique subculture Bid-rigging public projects
Members of the organized crime group considered themselves Counterfeiting of Money
distinct from the conventional society. They look at the society as “weak and Smuggling (Alcohol –bootlegging; Cigarettes – butt
stupid” and treat them with derisions if not contempt, and therefore not legging)
subject to its rules. This is sometimes referred to as “the underworld”. Providing immigrant workers to avoid taxes

5. Perpetuates itself 2. PROVIDING ILLEGAL SERVICES and GOODS

An organized criminal group constitutes an ongoing criminal Loan Sharking Murder for hire
conspiracy designed to persist through time; that is, beyond the life of the Book making Toxic Substance
current membership. In order for the group to survive, it must have an Gambling People Smuggling
institutionalized process for inducting new members and inculcating them Prostitution Trafficking in human
with the values and ways of behaving of the social system. This is shown by beings
the depth of the sub-cultural orientation exhibited by the group. Drug Trafficking Arms dealing
Pornography
6. Willingness to use Illegal Violence and Bribery
Violence is readily available and acceptable in an organized crime 3. BUSINESS and LABOR RACKETEERING
group as a means to achieve its goal. Bribery becomes necessary so as to - Casino skimming
protect its operation and insure lesser chance of detection and suppression. - Setting up monopolies in rigid market low tech industries.
- Bid-rigging
7. Specialization/Division of Labor - Abusing labor unions
There is a need for established functional position filled with - xtortion (e.g. construction, transport, etc)
qualified members. Commonly, there is a need for: - Use of non-union labor and pocketing the wage difference.
(1) an enforcer, one who carries out difficult assignments - Monopolizing the supply of immigrant workers with the
involving the use of violence, including murder, in a rational manner. He may associated people; smuggling.
use members or non members or even a specialist to carry out the
assignment; and 4.Miscellaneous Activities:
(2) a corrupter (fixer/money mover), excels in developing - Money laundering;
contacts. - Political corruptions;
- Bullying; and
8. MONOPOLISTIC - And Piracy.
An organized crime group eschew competition. It strives for
hegemony over a particular geographic area, a particular “industry”, THEORIES OF CRIME
legitimate or illegitimate, or a combination of both. 1. The strain of anomie
A monopoly, of course, restrains “free trade” and increases profits. 2. Differential association
An organized crime monopoly is maintained by violence, by the threat of 3. Subcultures and social disorganization
violence, or by corrupt relationships with law enforcement officials. A 4. Social control theory
combination of both methods, violence and corruption, may be employed. 5. Ethnic succession
9. GOVERNS BY EXPLICIT RULES AND REGULATION MAFIA
An organized crime group, like a legitimate organization, has a set - is a term used to describe a number of criminal organizations
of rules and regulations that members are expected to follow. around the world
In an organized crime group, however, a rule-violating member is - the first organization to bear the label was the Sicilian Mafia
not fired but, more likely, fired upon based in Italy, known to its members as Cosa Nostra
- in sum, mafia means protection against arrogance of the
STRUCTURE OF ORGANIZED CRIME GROUPS powerful, remedy to any damage, sturdiness of body, strength
- The bureaucratic / Corporate model and serenity of spirit, and the best and exquisite part of life.
- Patrimonial/ Patron Client - apparently Sicilian-Arabic derived from terms meaning to
protect and to act as guardian; a friend or companion; to defend;
The Bureaucratic/ Corporate Model preservation, power, integrity, strength, and a condition that
The corporation, the police, and the military are examples of designates the remedy of damage and ill.
bureaucracies, that mode of organization essential for efficiently carrying out
large scale tasks. OMERTA
Patrimonial/ Patron Client
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 18
- is a code of silence and secrecy that forbids Mafiosi from betraying The Latino gang coalesced into two syndicates, the Folk Nation
their comrades to the authorities. and the Peoples Nation based in Chicago.
- Ideal of manliness In Texas, Mexican American gangs have proliferated with the
- Noncooperation with authorities Mexican Mafia, the PRM (Partido Revolucionario Mexicano), and Mexicles
- Self-control in the face of adversity being the most prominent.
- Vendetta-blood washes blood
- Neither government nor church to be trusted In the Eastern United States
The major syndicates are La Gran Raza (The Great Race) and La
The foundation of the entire mafia is respect. Fear is the Gran Familia (The Great Family). The Dominican Gangs became the
engine, and money is the fuel. But longevity of the mafia as an enterprise major player in Drug trade in Metropolitan New York and in Northern New
is built upon an abiding and uncommon sense of respect. Jersey.

The penalty for transgression is death, and relatives of the turncoat In Miami and Dade County, Florida,
may also be murdered. Mafiosi generally do not associate with police (aside The Cuban Mafia has built a strong base, having taken advantage
perhaps from corrupting individual officers as necessary). For instance, a of an alliance with Santo Trafficante’s Italian American Mafia family based
mafioso will not call the police when he is a victim of a crime. He is expected in Tampa.
to take care of the problem himself. To do otherwise would undermine his In Puerto Rico, the Neta Association began as a prison gang, but it
reputation as a capable protector of others, and his enemies may see him as has spread beyond the island and beyond the prison walls.
weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian ORGANIZED CRIME IN ASIA
revolt – the Sicilian Vespers – against rule of the Capetian House of Anjou on
30 March 1282. In this legend, Mafia is the acronym for "Morte Alla Francia, China Organized Criminal Groups
Italia Anela" (Italian for "Death to France, Italy cries!"). However, this
version is now discarded by most serious historians. 1. Gangs (Triad) = work in cooperative ventures involving black
market activities, burglaries and thefts, hijackings and extortions.
RULES OF AMERICAN MAFIA 2. Criminal Syndicates = commonly involved in sophisticated
- Always show respect to those who can command it. crimes such as prostitutions, human trafficking and other organized
- Report any failure to show respect to one’s patron immediately. form of both are involved in drug trafficking particularly of heroin
- Violence must be used, even if only a limited type, to ensure from the golden triangle as well as Exploitation of women and
respect. children and smuggling of illegal immigrants vices.
- Never ask for surnames.
- Never resort to violence in a dispute with a member or associate of Dragon Syndicates is another name for the Chinese Triads, a
another family. name popularized by Martin Booth’s much acclaimed study “The Dragon
- Never resort to, or even threaten, violence in a member of your Syndicates: the Global Phenomenon of the Triads (New York: Carroll and
family. Graf, 2000).
- Do not use the telephone except to arrange a meeting place, The Triad came from the symbolic triangle in their flag which indicates
preferably in code, from which you will then travel to a place to the three (3) elements: The Heaven, The Earth and the Man.
discuss business.
- Avoid mentioning specifics when discussing business-for example Hong Kong Organized Criminal Groups
names, dates, and places- beyond those absolutely necessary for Triads, such as “Wo Sing Wo” and 14K are two of the many
understanding. triads in Hongkong. They are involved in various activities ranging from drug
- Keep your mouth shut-anything you hear, anything you see, stays trafficking to corruption.
with you, in your head; do not talk about it. ICAC- Independent Commission Against Corruption is one of the
- Do not ask necessary questions. The amount of information given most active Criminal Justice Unit involved in controlling illicit activities of
to you is all you need to carry out your instructions. these triads
- Never engage in homosexual activities.
- If your patron arranges for two parties to work together, he JAPAN
assumes responsibility for arbitrating any disputes between the
parties. Yakuza (8-9-3) or Boryokudan
- The boss can unilaterally direct violence, including murder, against - is the most influential organized crime group in Japan.
any member of his family, but he cannot engage in murder-for- - Yakuza makes billions of dollars through corporate extractions and
hire, that is, make a profit from murder. the Sokoiya(shareholders meeting men).
- The boss cannot use violence against a member or close associate - Other activities that they are involved include exploitation of
of another family without prior consultation with that family’s women, prostitutions (mostly coming from the Philippines,
boss. Thailand and Taiwan) and gambling den.
- The principal form of security in the American Mafia is an
elaborate system of referral and vouching. Vouching for someone CAMBODIA
who turns out to be an informant or undercover officer entails the Drug trafficking and human smuggling are the most notable
death penalty. organized criminal activities in Cambodia which are widely controlled by the
Chinese and Myanmorese.
RUSSIAN ORGANIZED CRIME Other activities involved gambling, corruption, prostitution and
money laundering. Due to people’s belief of the effect of having sex with
VORY V ZAKONE virgin women, prostitution became one of the most expensive organized
- aka “ thieves with code of honor” crime and virginwomen are the highest valued commodities.
It is the Sicilian counterpart, linked to a territorial-based provision REPUBLIC OF KOREA
of protection services and to alliance between upper world and the
underworld. It is characterized by the three types of actors in crime picture at
Russia namely: KEANDAL EMENING SCARUPS
(1) corrupt government officials, Although not considered as criminal groups, they also engage in
(2) shady business tycoons (oligarch); and criminal activities someway to help the weak and the poor. They are notable
(3) members of criminal gang headed by a so called for their loyalty and faithfulness.
authorities and loosely tied with criminal fraternity Organized criminal groups come in the form of political groups
known as “thieves in law” (Vory V. Zakone). They were used as henchmen to attack political rivals
able to create protective roof through their financial and . Several organized groups are associated with YAKUZA and other
fraternity connection. groups in the United States are involved mostly in drug trafficking,
prostitution and exploitation of women.
ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)
It first formed in the barrios in the 1920s. By 1990s, the Major MYANMAR
Latino gangs had joined into two syndicates, the Nortenos based in northern Myanmar has the largest organized crime groups controlled by
California and the Surtenos based in Southern Califoria. military Junta. It includes the following:
*United Wa State Army (UWSA) – under the command of Wei-
Huseh-Kong – has connection with Southeast Asian and North America.
The Nortenos include such gangs as Big Hazard, the Breed Street * Kinkang Chinese – in coordination with MNDAA, protects
Gang and the Silver Leaf Nortenos (SLN). cultivation areas and refining of drugs.
The Surtenos include the Assasins, King Kobra and Mara * Myanmar National Democratic Alliance Army – control the
Salvatrucha. plantations and refine opium into heroin and also produced
methamphetamine.
In the Midwest Trafficking of women and children to Pakistan and Thailand and
corruption are also some of the activities of the group.
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TAIWAN
Taiwan organized crime has close connection with the Chinese An offense is transnational in nature if:
Triads and Hong Kong particularly the United Bamboo Gang. They are - It is committed in more than one State;
involved in drug trafficking, prostitution, women and child trafficking. - It is committed in one State but substantial part of its preparation,
planning, direction or control takes place in another State;
SINGAPORE - It is committed in one State but involves an organized
This is the country with the lowest cases of organized activities criminal group engages in criminal activities in more than one
due to stringent laws and severe penalties and the government’s strong will State; or
power for the implementation of laws. - It is committed in one State but has substantial effects in
another State.
THAILAND
The countryconsidered to be the most notorious in the world in Factors Making a Nation “hospitable” to Transnational Crimes
terms of sex industry. Supplies or imports about one (1) million women in 1. Corruption
different countries in Asia. 2. Incomplete or weak legislation
3. Poor enforcement of existing laws
VIETNAM 4. Non-transparent financial institutions
“Nam Cam Gang” is one of the most noted organized crime group 5. Unfavorable economic conditions
in Vietnam and known for drug trafficking and one of the major transit point 6. Lack of respect for the rule of law in society
of drugs in Laos, Myanmar, China and Taiwan from Cambodia. 7. Poorly guarded national borders
8. Lack of political will to establish rule of law
PHILIPPINES 9. Geographic location (e.g. along arms or narcotics trafficking
The country considered as the heaven for the sex industry. A route)
number of women are sent abroad as entertainers but later end-up as 10. Regional geopolitical issues (e.g. long-standing territorial dispute).
prostitutes. Thailand, Japan and other Asian Countries are common places of
their destination. Young children for pedophiles are also being catered. PRIMARY STRATEGIES AGAINST TRANSNATIONAL
ORGANIZED CRIME
1. Francisco Group - Good Governance
- Dragon or Kuratong Baleleng Group, now led by Manuel - The Rule of Law
Francisco, operates in Visayas and Mindanao - International Cooperation
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF Executive Order No. 265
to generate funds. Alonto is a nephew of MILF Chairman AL HAJ - creating the OSETC for a stronger campaign against transnational crime
MURAD - the Office of the Special envoy on Transnational Crime is the agency
3. Lexus Group concerned in resolving overlaps in systems and procedures and
- specializes in carnapping and operates in NCR and Luzon determines the appropriate agency competent to address a specific
4. Rex “Wacky” Salud Group transnational crime issue
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group Transnational Crimes
- engages in illegal gambling and operates in Visayas. - Trafficking in Persons
6. Superable Family - Terrorism
- a kidnapping for ransom (KFR) group with a 1 Million prize for - Drug Trafficking
the leader’s head who was killed in action during a shoot-out with - Cybercrime
law enforcers - Money Laundering
7. Martires KFR group - Environmental Crime
- killed in Action (KIA) - Economic crime
8. Waray-Waray Group - Intellectual Property Theft
- an ethnic group engaged in kidnap for ransom operations. - Piracy and Armed Robbery Against Ships
Members are either belong from the family clan or natives from - Illicit Trade (smuggling) of Small Arms and Light Weapons
Samar and Leyte. Their leader was arrested on September 24, HUMAN TRAFFICKING
2005.
9. Lupo Rhu Group TRAFFICKING IN PERSON (TIP)
- lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin. - a form of modern-day slavery
- refers to the recruitment, transportation, transfer or harboring, or
TRANSNATIONAL ORGANIZED CRIME receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or
CONCEPT OF TRANSNATIONAL CRIME use of force, or other forms of coercion, abduction, fraud,
The concept of transnational crime was coined by the United deception, abuse of power or of position, taking advantage of the
Nations (UN) Crime Prevention and Criminal Justice Branch to identify vulnerability of the person, or, the giving or receiving of payments
certain criminal phenomena transcending international borders, transgressing or benefits to achieve the consent of a person having control over
the laws of several states or having impact on another country. another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other
TRANSNATIONAL CRIME forms of sexual exploitation, forced labor or services, slavery,
- a continuing illegal activity of group of person which is primarily servitude or the removal or sale of organs.
concerned with the generation of profits, irrespective of national Section 3a, RA 9208
boundaries as a result of globalization.
Push Factors to Trafficking
GLOBALIZATION 1. Individual level
- refers to the rapid development of the western culture that 2. Family
ultimately affects other cultures in the world as brought by 3. Community
intellectual and technological advances, in which some crimes 4. Society
occurring in other countries are attributed.
Individual level
TRANSNATIONAL ORGANIZED CRIME - Lack of education and information
- is a crime perpetuated by organized criminal group which the aim - History of abuse and exploitation
of committing one or more serious crimes or offenses in order to - Women’s aspiration
obtain directly or indirectly, a financial or other material benefits
committed through crossing of borders or jurisdictions Family
- Domestic violence or marital discord
ORGANIZED CRIMINAL GROUP - Desertion
- shall mean a structured group of three or more persons, existing - Separation
for a period of time and acting in concert with the aim of - Neglect of parents
committing or more serious crimes or offenses established in - Breadwinner or desire to improve the family’s economic condition
accordance with this convention, in order to obtain, directly or
indirectly , a financial or material benefit Community
- Congested neighborhood
SERIOUS CRIME - Poor housing and living conditions
- shall mean conduct constituting an offence punishable by - Lack of employment opportunities
maximum deprivation of liberty of at least four years or a more - Lack of basic social services
serious penalty
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 20
 (b) To introduce or match for money, profit, or material, economic or other
Society consideration, any person or, as provided for under Republic Act No. 6955,
- Political and economic insecurity any Filipino woman to a foreign national, for marriage for the purpose of
- Political corruption acquiring, buying, offering, selling or trading him/her to engage in
- Conflict prostitution, pornography, sexual exploitation, forced labor, slavery,
- Structural adjustment policies resulting in the rising cost of living involuntary servitude or debt bondage;
- Poverty (c) To offer or contract marriage, real or simulated, for the purpose of
- power relations and gender inequality acquiring, buying, offering, selling, or trading them to engage in prostitution,
- Lure of migration pornography, sexual exploitation, forced labor or slavery, involuntary
- Consumerism servitude or debt bondage;
- Supply and demand (d) To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for
Pull factors to trafficking prostitution, pornography or sexual exploitation;
- Increased ease of travel (cheaper and faster travel opportunities, (e) To maintain or hire a person to engage in prostitution or pornography;
easier access to passport); (f) To adopt or facilitate the adoption of persons for the purpose of
- Higher salaries and standard of living in larger cities and countries prostitution, pornography, sexual exploitation, forced labor, slavery,
abroad (greater possibilities for acquiring new skills and education, involuntary servitude or debt bondage;
increased job opportunity, and mobility); (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or
- Established migration routes and ethnic, national communities; use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
- Active demand for migrant workers in destination countries of removal or sale of organs of said person; and
combined with the existence of recruitment agencies and persons (h) To recruit, transport or adopt a child to engage in armed activities in the
willing to facilitate jobs and travel; and Philippines or abroad.
- High expectations of opportunities in other countries boosted by
global media and internet access and stories of returning migrants Section 5.Acts that Promote Trafficking in Persons. - The following acts
or those whose families have profited from remittances. which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house,
Global Status of Human Trafficking building or establishment for the purpose of promoting trafficking in persons;
- In 2004, according to U.S government 600,000 to 800, 000 people (b) To produce, print and issue or distribute unissued, tampered or fake
were victims of trafficking worldwide. counseling certificates, registration stickers and certificates of any
(mostly female and minors and 70 percent were trafficked for government agency which issues these certificates and stickers as proof of
sexual exploitation) compliance with government regulatory and pre-departure requirements for
- According to the data of International Labour Organization 12.3 the purpose of promoting trafficking in persons;
Million people were trafficked around the world (across borders (c) To advertise, publish, print, broadcast or distribute, or cause the
and individual countries) advertisement, publication, printing, broadcasting or distribution by any
- 300, 000 children were trafficked to served in armed conflicts means, including the use of information technology and the internet, of any
(UNICEF) brochure, flyer, or any propaganda material that promotes trafficking in
persons;
TIP in Asia (d) To assist in the conduct of misrepresentation or fraud for purposes of
- 9.5 million were trafficked in Asia (ILO). facilitating the acquisition of clearances and necessary exit documents from
(1/3 trafficked for other form of economic exploitation, the rest are government agencies that are mandated to provide pre-departure registration
for commercial sexual exploitation) and services for departing persons for the purpose of promoting trafficking in
persons;
Status of Human Trafficking in the Phil. (e) To facilitate, assist or help in the exit and entry of persons from/to the
- According to the United Nations Children's Fund (Unicef)an country at international and local airports, territorial boundaries and seaports
estimated 60,000 to 100,000 children in the Philippines are who are in possession of unissued, tampered or fraudulent travel documents
involved in prostitution rings. for the purpose of promoting trafficking in persons;
- According to the International Labour Organization (ILO) about (f) To confiscate, conceal, or destroy the passport, travel documents, or
100,000 children are involved in prostitution. personal documents or belongings of trafficked persons in furtherance of
- US government reports, the number of child victims in the trafficking or to prevent them from leaving the country or seeking redress
Philippines range from 20,000 to 100,000, with foreign tourists, from the government or appropriate agencies; and
particularly other Asians, as perpetrators. (g) To knowingly benefit from, financial or otherwise, or make use of, the
- The Philippines is ranked under Tier 2 Watch List in the 2009 labor or services of a person held to a condition of involuntary servitude,
Trafficking in Persons Report of the United States (US) State forced labor, or slavery.
Department due to the Philippine government’s alleged failure to
show evidence of progress in convicting trafficking offenders, Section 6.Qualified Trafficking in Persons. - The following are considered as
particularly those responsible for labor trafficking. qualified trafficking:
(a) When the trafficked person is a child;
Vulnerable sector (b) When the adoption is effected through Republic Act No. 8043, otherwise
- Profiles of women trafficked show that they are mostly young, known as the "Inter-Country Adoption Act of 1995" and said adoption is for
without or less education coming from the rural areas and poor the purpose of prostitution, pornography, sexual exploitation, forced labor,
families, which include women displaced in Central Luzon due to slavery, involuntary servitude or debt bondage; Deficiency Syndrome
the eruption of Mt. Pinatubo or the landslide in Guinsaugon (AIDS).
Southern Leyte. (c) When the crime is committed by a syndicate, or in large scale. Trafficking
is deemed committed by a syndicate if carried out by a group of three (3) or
Philippine Government Manifested its Commitment against TIP through more persons conspiring or confederating with one another. It is deemed
the Creation/Amendment of other legislative acts such as: committed in large scale if committed against three (3) or more persons,
- Mail-Order Bride (RA 6955) individually or as a group;
- Anti-Rape law of 1997 (RA 8553) (d) When the offender is an ascendant, parent, sibling, guardian or a person
- Rape Victim Assistance and Protection Act of 1988 (RA 8505) who exercises authority over the trafficked person or when the offense is
- Special Protection of Children Against Abuse, Exploitation and committed by a public officer or employee;
Discrimination Act (RA 7610)
- An Act Prohibiting the Employment of Children Below 15 Years COMPUTER CRIME
of Age in Public and Private Undertakings (RA 7658) - any crime accomplished through special knowledge of computer
- Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042) technology.
- Philippine Passport Act of 1996 (RA 8239) - any crime where computer is used as a tool or as a target or
- Inter-Country Adoption Law (RA 8043) incidental to the commission of a crime.
- Also known as Cybercrime.
Republic Act 9208 - Any illegal act in which knowledge of computer technology is
- Anti-Trafficking in Persons Act of 2003 used to commit the offense. (L. E. Quaratiello)
- Approved May 26, 2003 - All illegal activities that are committed by or with the aid of
- Consolidation of Senate Bill No. 2444 and House Bill No. 2444 computer or information technology or in which the computers are
the target of the criminal enterprise. (Martin L. Forst)
Section 4.Acts of Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts: CYBER CRIME IN THE PHILIPPINES
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas The LOVE BUG
employment or training or apprenticeship, for the purpose of prostitution, By far the most popular incidence of cyber crime in the Philippines
pornography, sexual exploitation, forced labor, slavery, involuntary servitude is the “ILOVEYOU Virus” or the LOVE BUG. The suspect in the case, a
or debt bondage; 23-year old student from a popular computer university in the Philippines
drafted the virus with the vision of creating a program that is capable of
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 21
stealing passwords in computers, ultimately to have free access to the - sending fraudulent e-mails or website pop-ups, to get victims to
internet. divulge sensitive financial information such as credit card numbers
During the height of the LOVE BUG incident, Reuters has or social security numbers
reported: "The Philippines has yet to arrest the suspected creator of the 'Love
Bug' computer virus because it lacks laws that deal with computer crime, a Distributed Denial of Service Attacks
senior police officer said". The fact of the matter is that there are no laws - DDoS attacks can be committed by employing multiple computers
relating to Cybercrime in the Philippines. The National Bureau of controlled by a single master computer server to target a particular
Investigation is finding it difficult to legally arrest the suspect behind the server by bombarding it with thousands of packets of data in an
'Love Bug' computer virus. attempt to overwhelm the server and cause it to crash
As such, the need for countries to legislate Cyberlaws relating to
Cybercrime arises on an urgent priority basis. Due to the incident, the Website defacement
Philippines have seen the necessity for the passage of a law to penalize cyber - is the unauthorized modification of a website
crimes, thus the enactment of Republic Act 8792 otherwise known as the
Electronic Commerce Act. Acquiring Credit Card Information from a Website that offers E-
Services
RA 8792 - When you shop online, the most convenient way to pay for the
- legislated because of I love you virus items you order is through your credit card. When you pay thru
- This Act shall be known and cited as the "Electronic Commerce your credit card, you need to disclose information such as your
Act.“ complete name, your postal address, zip code, state, phone number
- Approved June 14, 2000 credit card account number, its expiration date and its security
code/pin. Upon entering the above-mentioned information, it will
Common Types of Cyber Crimes already handled by NBI be verified “real-time” by the site merchant. It usually takes a
1. HACKING / CRACKING minute to verify whether the credit card is valid or invalid. If valid,
2. MALICIOUS EMAIL SENDING the information you entered will be stored in the website’s
3. INTERNET PORNOGRAPHY database server. Hackers look for the file containing the credit card
4. LAUNCHING OF HARMFUL COMPUTER VIRUSES information of all the customers who bought from a certain e-
5. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DOS) commerce site. Upon acquisition thereof, it will be decrypted to
6. WEBSITE DEFACEMENT make it readable and all the information of the transactions will be
7. ACQUIRING CREDIT CARD INFORMATION FROM AN E- made available.Hackers prefer VISA, AMERICAN EXPRESS and
COMMERCE WEBSITE MASTERCARD when filtering credit card information. It is
8. INTERNET SHOPPING USING FRAUDULENTLY because VISA and MASTERCARD are widely accepted by almost
ACQUIRED CREDIT CARDS ALL Internet Shopping Sites. American Express on the other hand
9. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY has no CREDIT LIMIT
ACQUIRED CREDIT CARD
10. ON-LINE AUCTION FRAUD - Credit card numbers of American Express start with the number 3,
MasterCard credit cards start with the number 5 while VISA Credit
WHAT ARE COMMON METHODS AND STANDARD TERMS USED cards start with the number 4
TO DESCRIBE CYBER CRIME?
- American Express credit cards have 15 digits Account Number
Hacking while Visa and Mastercard credit cards contain 16.
- is the act of illegally accessing the computer system/network of an
individual, group or business enterprise without the consent or Internet Shopping Using Fraudulently Acquired Credit Card
approval of the owner of the system Hackers, upon acquiring the desired credit card information now
conducts “window shopping”, hopping from one shop site to another, looking
Cracking for cellphones, gadgets, apparels, computer peripherals, softwares etc. When
- is a higher form of hacking in which the unauthorized access he finds what he wants to buy, he then add/s his desired item/s to the
culminates with the process of defeating the security system for the shopping cart and checkouts. He will then supply the Credit Card information
purpose of acquiring money or information and/or availing of free of the fraudulently acquired credit card such as the Complete name of the
services cardholder, address, zip code, state, email address, credit card number and
expiration date. Other pertinent information such as shipping address of the
Malicious Sending of E-mails items ordered will have to be supplied too.
- the sending of malicious and defamatory electronic mails for the
purpose of extorting money, or threatening prospective victims Wire Transfer of Funds from Fraudulently Acquired Credit Card
When a hacker knows your complete credit card information, he
Internet Pornography can extract CASH from the acquired credit/debit card online. By signing up
- The trafficking, distribution, posting, and dissemination of obscene with Western Union Money Transfer (http://www.westernunion.com) using
material including children’s nude pictures, indecent exposure, and the fraudulently acquired credit card information, he can pretend that he will
child sex slavery posted into the internet, live streaming videos just send money to his relative and western union will directly debit the credit
aired through the internet card and it will reflect on the billing statement of the original credit card
holder.Wire transfer of funds using credit cards require the credit card
A computer virus security number.
- is a computer program that can copy itself and infect a computer
without permission or knowledge of the user Online Auction Fraud
- First, the fraudster should sign up for an account at an online
Launching of Harmful Computer Virus auction site such as e-bay, yahoo auctions or U-Bid
1. Virus - The fraudster falsifies all information that he enters on the signup
2. Worm page. The only true information is his email address, for he will be
3. Trojan Horse contacted by interested bidders by means of email.He will be asked
to provide a credit card. This is where he will need the fraudulently
Worm acquired credit card. When all of the required fields are signed up,
- spread itself to other computers without needing his application will be approved and he will be a registered
to be transferred as part of a host member of the said auction site. He is now then allowed to bid, and
auction any item. A fraudster will auction expensive items such as
Trojan horse laptops, cellphones, PDA’s (handheld devices), desktop computers,
- is a file that appears harmless until executed. Trojan horses do not camcorders and hard to find memorabilias. He will then sell it at a
insert their code into other computer files lower price for legitimate bidders to bid immediately. An online
Logic bomb fraudster only accepts payments thru personal checks, money
- a set of instructions secretly inserted into a program that is order, wire transfer and western union money transfer. It is bluntly
designed to execute if a particular program is satisfied stipulated in his auction page.
- the bomb lies dormant until a particular date is reached or
command entered TECHNICAL TERMS
ISP – stands for Internet Service Provider. It provides internet service to
Identity theft internet users.
- defined as the criminal act of assuming person’s name, address, IP Address – series of numbers assigned by an Internet Service Provider to
social security number, and date of birth in order to commit fraud an internet user when it connects to the Internet
Dynamic IP Address – a type of IP Address that changes everytime the
Phishing internet user accesses his Internet Service Provider. It is usually assigned to
dial-up or base speed broadband service subscribers (eg. ISP Bonanza,
Surfmaxx, PLDT myDSL 128kbps service etc.)
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 22
Static IP Address – a type of IP Address that is constant regardless of the - violence for effect not primarily, and sometimes not all for the physical
time or number of attempts the internet user accesses the internet. It is usually effect on the actual target, but rather for its dramatic on an audience
assigned to High-Speed Internet Users or Corporate Accounts (eg. ADSL - the calculated use of violence or the threat of violence to attain goals,
(Asymetric Digital Subscriber Line) connections, E1 Internet Connections, often political or ideological in nature
OC3 Internet Connections, T1 Internet Connections, Leased Line Internet - violent criminal behavior designed to generate fear in the community, or
Connections) a substantial segment of it, for political purpose
Website – a portfolio of a person / organization / entity / company which is
posted on the Internet for accessibility worldwide. International terrorism
The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the - politically-oriented extreme violence that is perpetrated by residents or
investigation of all crimes committed via the internet. The identification of representatives of one or more countries against the interest of another
the IP Address leads to the identity of the Internet Service Provider (ISP) country or by members of a violent foreign politically directed
used to access the internet and eventually the subscriber of the account where organization not affiliated with the country being attacked for the
the internet activity was performed. purpose of forcing a change in government or in how society functions

The IP Address as given by the ISP depends on the type of internet account a Al Qaeda
subscriber maintains, whether it is a DYNAMIC IP or STATIC IP. - in Arabic, this means The Base
- founded by Osama bin Laden in 1980
If Static:
Subscriber information (name, billing address, installation address, Osama bin Laden
type of internet account, usage and costs etc.) if applicable - Organized al Qaeda
- born in 1955 or 1957 in the city of Riyadh
If Dynamic - responsible for truly heinous terrorist incidents, including the 2001
log reports indicating telephone number used to make “dial-up” destruction of the World Trade Center
access - died killed in Pakistan on May 2, 2011 (Operation Neptune
Spear)
VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Ayman Mohammed Rabie al-Zawahiri
Company should be analyzed to determine whether it is a Billing Address or - Born June 19, 1951
an Installation Address. - An Egyptian physician, Islamic theologian and current leader of
For purposes of a search warrant application, the Installation al-Qaeda.
Address is the more important matter to consider. The purpose of a Search
Warrant application/ implementation in a cyber crime investigation, as with Hamas
any other offense is to confiscate and seize the instruments/implements, tools - "enthusiasm“
used in the commission of the offense. Since the crime was committed with - an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "Islamic
the aid of a computer, the same and its peripherals are the instruments used in Resistance Movement")
its commission. - is the Palestinian Sunni Islamic or Islamist political party that governs
the Gaza Strip.
TOP TEN SECURITY TIPS FOR COMPUTER USERS - Sheikh Ahmed Yassin & Mahmoud Zahar
1. Never send an e-mail that you wouldn't let your wife or boss to - “Hamas is an extremist group...it is one of the deadliest terrorist
read. organizations in the world today.” George W. Bush
2. Turn off your computer when you are not using it. It is the only
sure way to keep the hackers out. Hezbollah
3. Use a password to log onto your computer. Most operating system - literally "Party of God“
let you set a password and to change it regularly. - is a Shi'a Muslim militant group and political party based in Lebanon.
4. Don’t accept cookies. If you have to, delete them when you are - receives financial and political support from Iran and Syria, and its
finished surfing. paramilitary wing is regarded as a resistance movement throughout
5. Use the latest versions and software patches for your e-mail and your much of the Arab and Muslim worlds
browser. New security loopholes are constantly being discovered. - the United States, the Netherlands United Kingdom, Israel, Australia,
6. Keep your antivirus up to date. Hackers never rest. Every email and Canada classify Hezbollah as a terrorist organization, in whole or in
attachment can contain a virus, so scan it before you open it. part
7. Watch your laptop at the airport. Be specially careful at X-ray
security machines, which is where most laptop theft occur. Jemaah Islamiya
8. Don’t use the same password over and over. Make new variations. - Dates of operation: 1993- present
9. Use a paper shredder. Don’t just throw out unsolicited credit card - Aliases: "Islamic Congregation, Islamic Community, Islamic Group
application. Shred them. - Base of Operation: Indonesia; Malaysia; Philippines; Singapore
10. Never give out your social security number, online or off. This - Founding Philosophy: Create an Islamic state across Southeast Asia to
information in a wrong hand is license to steal. include Singapore, Indonesia, Malaysia, Brunei, southern Thailand, and
southern Philippines.
TERRORISM - JI was added to the United Nations 1267 Committee's list of terrorist
- the word terror derives from the Latin word terrere, meaning “to organizations linked to al-Qaeda or the Taliban on 25 October 2002
frighten” under UN Security Council Resolution 1267
- the use or threatened use of force design to bring about political change.
(Brian Jenkins of the Rand Corporation) Domestic Terrorism
- the unlawful use of force or violence against persons or property to - politically oriented extreme violence that is perpetrated by residents of a
intimidate or coerce a government, the civilian population, or any country within that country in order to force a change in government or
segment thereof, in furtherance of political or social objectives (FBI) how in society functions
- an action the urban guerilla must execute with the cold-bloodedness,
calmness and decision (Modern godfather of urban guerilla, Carlos
Marighella) TERRORIST IN THE PHILIPPINES
- a premeditated, politically motivated violence perpetuated against Rajah Solaiman Movement
noncombatant targets by groups of clandestine state agents, usually - aka “Balik Islam” or “Back To Islam”
intended to influence an audience (U.S Department of State) - founder Hilarion del Rosario Santos III aka Hannah Santos, aka
- Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, Ahmed Santos, aka Hilarion del Rosario, converted to Islam in
opined that terrorism has four basic components or elements providing 1993 and married into the top ranks of the leadership of the Abu
guides to defining it, namely: Sayyaf Group (ASG)
1. It is premeditated, planned in advance, rather an impulsive - one of the latest groups affiliated with ASG, MILF and JI
act of rage;
2. It is political and not criminal, but designed to change existing ABU SAYYAF GROUP (ASG)
political order; Aliases:
3. It is aimed at civilians and not a military targets or combat ready - Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the
troops; and Swordsman
4. Sub-national groups execute it, not the army of a given country. Founding Philosophy
- the unlawful or threatened use of force or violence by a person or an - The Abu Sayyaf Group (ASG) was formed in 1991 during the
organized group against people or property. With the intention of peace process between the Philippine government and the
intimidating or coercing societies or governments, often for ideological nationalist/separatist terrorist group, the Moro National Liberation
or political reasons, (Webster Dictionary) Front (MNLF). Angered by the movement toward a peaceful
- a threat or actual use of force or violence for political or other purpose, resolution, certain MNLF members formed Abu Sayyaf
to foster fear, distrust, insecurity, and unrest among specific or the
general population DIFFERENT TYPES OF TERRORISM
1. Anti-colonial Terrorism
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 23
 2. Ideological Terrorism - when inhaled, the agent attacks the respiratory system with
3. Religious Terrorism symptoms appearing from one to seven days

Ethnocentric Botulinum toxin

- the category of terrorist organization which is aimed at establishing a - a protein made by the clostridium botulinum bacteria
dominant or superior race that will be looked upon by the entire - exposure to the toxin, the nerve cell synapses are affected, causing
populace in the world. palsy, spasms, and then paralysis

Revolutionary Brucellosis
- the category of terrorist group which is dedicated to overthrow an - also known as undulant fever
established order and replacing it with a new political or social - symptoms can include intermittent or prolonged fever, headaches,
structure. profuse sweating, chills, pains in the joints and muscles and fatigue

Political Cholera
- the category of terrorist group which aims in restructuring the society. - an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting
Nationalistic accompanied by severe diarrhea and a rapid loss of body fluids
- those who commit acts of violence due to their loyalty or devotion to
their country. Plague
- in natural transmittal form, the plague may the bubonic plague, or
ROOT CAUSES OF TERRORISM black death that eradicated a great number of European in the
1. Political Ideologicalism middle ages
2. Religious Fanaticism - transmitted from person to person by respiratory transmission,
through rats, or from the bite of an infected flea
Jihad - symptoms are high fever accompanied by general aches, severe
- the term which refers to the holy war waged by members of the weakness, and pneumonia
Islamic religion against the Jews.
Typhoid fever
IDEOLOGY - caused by an organism called salmonella typhosa which causes
- body of ideas affecting the social needs and aspirations of an fever and frontal headaches and is usually accompanied by rose
individual or group, a class or a culture” colored spots on the skin
- Bovier defines it as “a set of doctrines or beliefs that from the basis - must employed through food and limited water contamination
of a political, economic and other systems”.
Rickettsia
TERRORIST TACTICS - disease that appears in domesticated animals such as sheep, cattle,
1. Bombings and goats
2. Assassinations and Assaults - spread to human through inhalation of particles contaminated with
3. Kidnapping organism
4. Hostage-taking/skyjacking - incubation period, ranging from 10 to 14 days
5. Weapons of mass destruction (WMD)
BOMBING
WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?
- term used to describe a massive weapon with the capacity to Terrorist commit bombings for a number of reasons:
indiscriminately kill large number of people 1. To gain media attention, particularly the target is visible or
- it could be nuclear, biological and chemical weapons symbolic.
2. Bombing is a cost effective and efficient way to attack a facility.
Categories of chemical agents (mostly in liquid form) 3. Bombing can be accomplished with a small number of personnel.
1. Nerve agents 4. Bombing is inexpensive in comparison to alternatives such as
2. Blistering agents kidnapping or hostage-taking.
3. Chocking agents 5. Random bombing make a considerable impact on the population,
4. Nerve agents because more people fear a bomb attack than being kidnapped or
taken hostage.
1. Nerve Agents 6. Explosives are readily available through theft, sympathetic
- agents that disrupt the mechanism by which nerves communicate with supporters, or purchase. Explosives can be constructed through the
organs they stimulate use legitimately purchased chemicals, fertilizers, and other
- in other words the agents gets the nerves to send the wrong signal to the material.
muscles they control and hence, disrupt muscle function of the body
ex. Sarin Gas Types of bombers
1. Amateur
2. Blistering Agents 2. Professional
- there are three common of this type; the most widely known are 3. Psychopathic
mustard gas, lewisite, and phosgene oxime. Mustard gas, first used 4. Suicidal
in World War I, will caused blistering on the exposed portions of
the body, as well as on internal organs. It will generally cause 1. Amateur
blindness and then death by respiratory failure - can be described as experiments
2. Professional
3. Chocking Agents - builds or bombs or does both for profit
- one of the deadliest choking agents is phosgene gas. This agent 3. Psychopathic
damages the respiratory system and causes the lungs to fill with - acts without rhyme or reason
water, and thus chokes the victim. 4. Suicidal
Ex. chlorine - major attack weapon in recent years, particularly among
Islamic terrorist groups
Biological Agents (liquid or dry form)
1. Anthrax Number of elements which are almost universal in modern terrorist
2. Botulinum toxin activities
3. Brucellosis - The use of violence to persuade
4. Cholera - Bombings or other attacks are employed to “make a point” with
5. Plague target victims.
6. Typhoid fever - Selection of targets and victims for maximum propaganda value-
7. Rickettsia - The use of unprovoked attacks
- Maximum publicity at minimum risk
Anthrax - Use of surprise to circumvent countermeasures
- a single cell organism that is produced by a fermentation process, - Threats, harassment, and violence
such as that by which beer is made - Disregarding women and children as victims
- caused by Bacillus anthracis and the effects of exposure include a - Propaganda is used to maximize the effect of the violence
severe infection that attacks the skin, lungs, and gastrointestinal - Loyalty to themselves or kindred groups
tract
- direct contact will cause formation of dry scabs all over the victims R.A. 9372
body and can develop into systematic infection - Human Security Act of 2007
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 24
 - Approved on March 6, 2007 - Corrupts financial institutions, control sizeable sectors of the
- Effective on May 15, 2007 economy through investments and even bribe and infiltrate governments. In
Terrorism extreme cases, it may lead to the virtual take-over of a legitimate government.
– any person who commits an act punishable under any of the following
provisions of the RPC: (Sec. 3) - Destroys the integrity of governments. With the increasing
1. Article 122 (Piracy in General and Mutiny in the awareness of the ill-effects of money laundering and the growing
High Seas or in the Philippine Waters); interdependence among global communities, countries that are known to be
2. Article 134 (Rebellion or Insurrection); used by money launderers could be placed in a bad light, adversely affecting
3. Article 134-a (Coup d’ etat), including acts committed by private persons; their financial institutions and relations within regional and global economies.
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction) The three common factors identified in laundering operations are:
or under a. The need to conceal the origin and true ownership of the
1. Presidential Decree No. 1613 (The Law on Arson); proceeds;
2. Republic Act No. 6969 (Toxic Substances and Hazardous and b. The need to maintain control of the proceeds;
Nuclear Waste Control Act of 1990); c. The need to change the form of the proceeds in order to
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability shrink the huge volumes of cash generated by the initial criminal
Act of 1968); activity, the so-called “predicate offense” or “unlawful
4. Republic Act No. 6235 (Anti-Hijacking Law); activity”.
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway
Robbery Law of 1974); and, IMPUNITY
6. Presidential Decree No. 1866, as amended (Decree Codifying the - without fear of prosecution
Laws on Illegal and Unlawful Possession, Manufacture, - without fear of confiscation
Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)thereby sowing and creating a Money laundering is not a single act but is in fact a process that is
condition of widespread and extraordinary fear and panic accomplished in three basic steps or stages:
among the populace, in order to coerce the government to give a. Placement
in to an unlawful demand shall be guilty of the crime of b. Layering
terrorism and shall suffer the penalty of forty (40) years of c. Integration
imprisonment, without the benefit of parole as provided for
under Act No. 4103, otherwise known as the Indeterminate - The physical disposal of cash proceeds derived from the unlawful
Sentence Law, as amended. activity.
- The aim is to remove cash from the location of acquisition to avoid
R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism detection.
- Persons who conspire to commit the crime of terrorism shall suffer - Separating illicit proceeds from their source by creating complex
the penalty of forty (40) years of imprisonment layers of financial transactions designed to disguise the source of
- There is conspiracy when two or more persons come to an money, subvert the audit trail and provide anonymity.
agreement concerning the commission of the crime of terrorism - The purpose is to disassociate the illicit proceeds from the
unlawful activity by creating intentionally a complex web of
The provisions of Republic Act No. 4200 (Anti-Wire Tapping financial transactions aimed at concealing any audit trail as well as
Law) to the contrary notwithstanding, a police or law enforcement official the source and ownership of funds.
and the members of his team may, upon a written order of the Court of - The final stage in the process at which the money is integrated into
Appeals, listen to, intercept and record, with the use of any mode, form, kind legitimate economic and financial systems and is assimilated with
or type of electronic or other surveillance equipment or intercepting and all the other assets in the system.
tracking devices, or with the use of any other suitable ways and means for - Integration of laundered money into the economy is accomplished
that purpose, any communication, message, conversation, discussion, or by making it appear to have been legally earned. Thus, exceedingly
spoken or written words between members of a judicially declared and difficult to distinguish between legal and illegal wealth.
outlawed terrorist organization, association, or group of persons or of any
person charged with or suspected of the crime of terrorism or conspiracy to Laundering of Proceeds
commit terrorism. - Mix dirty money with legitimate funds
- Use dirty money for legitimate purposes
Provided, That surveillance, interception and recording of - Invest dirty money in legitimate business/es
communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business correspondence shall The Vienna Convention of 1988 – The United Nations Convention Against
not be authorized. Illicit Traffic in Narcotic Drugs and Psychotropic Substances
- “To deprive persons engaged in illicit traffic of the proceeds of
MONEY LAUNDERING their criminal activities and thereby eliminate their main incentive
for doing.”
- MONEY LAUNDERING IS A CRIME. - Taking profit away from the crime!
- MONEY LAUNDERING IS ALSO THE WORLD’S THIRD - Fighting money laundering prevents the criminal from enjoying his
LARGEST INDUSTRY BY VALUE. ill-gotten gains and he will also be unable to infuse the same back
- Cash is a bearer instrument and completely replaceable and easily to his criminal activity or organization.
convertible, lends anonymity to many forms of criminal activity - The Financial Action Task Force (FATF) is the international body
and of course is the preferred medium of exchange in the criminal formed by the leading industrial countries in the world, collectively
world. known as the Group of Seven (“G7”), during the Paris G7 Summit
- “Covers all procedures to change, obscure or conceal the beneficial of 1989.
ownership or audit trail of illegally obtained money or valuables so - The Forty Recommendations
that it appears to have originated from a legitimate source.” - List of measures that the FATF encourages all nations to adopt in
- “A process through which the existence of an illegal source of order to institute and implement an effective anti-money
unlawful application of illicit gains is concealed or disguised to laundering program. They constitute the international standards of
make the gains legitimate, thereby helping to evade detection, anti-money laundering measures with respect to the criminal
prosecution, seizure and taxation.” justice system, law enforcement procedures and the regulation of
the financial system.
“Money Laundering” is called what it is because the term perfectly
describes what takes place, illegal or dirty money is put through a cycle of 1. Criminalization of money laundering
transactions, or “washed”, or “laundered”, so that it comes out the other end 2. Establishment of a system of suspicious transaction reporting
as legal, or clean money. 3. Creation of a centralized financial intelligence unit or “FIU”
4. Removal or relaxation of bank secrecy laws
In other words, the source of illegally obtained funds is obscured 5. Institution of a system allowing mutual assistance and cooperation
through a succession of transfers and deals in order that those funds can between countries to apprehend and prosecute suspected money
eventually be made to appear legitimate income. launderers

How serious is the problem? The FATF cracks down on terrorist financing with the following nine
special recommendations :
- Money laundering allows criminals to preserve and enjoy the a. Provide the widest possible range of assistance to other countries’
proceeds of their crimes, providing them with the incentive and means to law enforcement and regulatory authorities for terrorist financing
perpetrate such activities and at the same time expand and consolidate their investigations.
forces. b. Impose anti-money laundering requirements on alternative
remittance systems.
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 25
 c. Strengthen customer identification requirements in international The inadequacy or absence of “KYC” standards can subject banks to serious
and domestic wire transfers. customer and counter (third) party risks, especially:
d. Ensure that entities, in particular non-profit organizations cannot 1. Reputational risk
be used to finance terrorism. 2. Operational risk
3. Legal and concentration risk
- The provisions of the Anti-Money Laundering Act of 2001
(AMLA) or R.A. No.9160, as amended, lays down the Philippine policies and Reputational Risk
principles to prevent banks, insurance companies and the securities and - the potential that adverse publicity regarding a bank’s business
capital markets and industries from being utilized by money launderers to practices and associations, whether accurate or not, will cause a
“wash” their so-called “dirty money”. loss of confidence in the integrity of the institution.
Operational Risk
The two-fold policy of the AMLA are : - the risk of direct or indirect loss resulting from inadequate or failed
1. To protect and preserve the integrity and confidentiality of internal processes, people and systems or from external events.
bank accounts;
2. to ensure that the Philippines is not used as a money Legal Risk
laundering site of the proceeds of unlawful activities. - the possibility that lawsuits, adverse judgments or contracts that
turn out to be unenforceable can disrupt or adversely affect the
- Thus, it is the Philippines’ policy not only to protect depositors operations or condition of a bank.
and investors but of equal importance is the investigation, apprehension
and prosecution of suspected money launderers. RA 9194            
- Under the AMLA, money laundering is “ a crime whereby the - approved on March 7, 2003
proceeds of an unlawful activity are transacted, thereby making - An Act Amending Republic Act No. 9160, otherwise known as the
them appear to have originated from legitimate sources.” Anti-Money Laundering Act of 2001
- Money Laundering as a crime is committed in three (3) different
ways under the AMLA ARM SMUGGLING
- “Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful Smuggling
activity, transacts or attempts to transact said monetary instrument - also known as trafficking, is the clandestine transportation of
or property.” goods or persons past a point where prohibited, such as out of a
- Imprisonment of 7 to 14 years and a fine of not less than P 3 building, into a prison, or across an international border, in
Million but not more than twice the value of the monetary violation of the law or other rules
instrument or property involved in the transaction.
- “Any person knowing that any monetary instrument or property WHAT ARE FIREARMS?
involves the proceeds of an unlawful activity, performs or fails to - includes handguns, revolvers, pistols, rifles, muskets, carbines,
perform any act as a result of which he facilitates the offense of shotguns, cannons and all other deadly weapons from which a
money laundering referred to in paragraph (a) above.” bullet, ball, shot, shall or other missile may be discharged by
- Imprisonment of 4 to 7 years and a fine of not less than P 1 Million means of gunpowder or other explosives
but not more than P 3 Million. - also includes air rifles and air pistols not classified as toys under
- “Any person knowing that any monetary instrument or property is the provisions of Executive Order No. 712 dated 28 July 1981. The
required under this Act to be disclosed and filed with the Anti- barrel of any firearm shall be considered a complete firearm.
Money Laundering Council (AMLC), fails to do so.”
FIREARMS TRAFFICKING
Other penalties include: - refers to the act of any person who, through the use of any
- Forfeiture of the monetary instruments or property involved in the fraudulent machinations, shall import or bring into, or export from,
money laundering offense in favor of the Philippine government. the Philippines, or assist in so doing, any firearm or parts thereof,
- Perpetual or temporary absolute disqualification from public explosive or ammunition or machine, implements, equipments or
office, as the case may be, if the offender be a public official or tools for the manufacture of firearms.
employee. - shall likewise refer to the act of any person who, contrary to law,
- If the offender is a corporation, partnership, association or any shall:
juridical person, the penalty shall be imposed on the responsible - receive, conceal, buy, sell, or in any manner
officer who participated in or allowed by gross negligence the facilitate the transportation, concealment or
commission of the crime. sale of said firearms or parts thereof,
- “Unlawful Activity” refers to any act or omission or series or explosive or ammunition or machine,
combination thereof involving or having DIRECT relation to any implements, equipments or tools for the
of the following: manufacture of firearms, ammunition or
- Piracy on the high seas explosives after importation, knowing the
- Qualified Theft same to have been imported contrary to law.
- Swindling
- Smuggling Why does this illicit activity flourish?
- Offenses under the E-Commerce Act - It is a dangerous but profitable criminal enterprise.
- Hijacking, destructive arson, murder, - However, it threatens not only public safety and national security
- Violations of the Securities and Regulation Code but also endangers, and oftentimes, takes away the lives of
- Felonies or offenses of a similar nature under penal laws innocent persons.
of other countries - It is one of the transnational organized crimes that affect not only
The Anti-Money Laundering Council (AMLC) is the financial the Philippines and other neighboring Asian countries but also the
intelligence unit of the Philippines and is composed of the following rest of the world.
officials : - The country lacks anti-firearms smuggling/trafficking laws.
- The Governor of the Bangko Sentral ng Pilipinas - No region is immune to illicit trade and trafficking in small arms
- The Chairperson of the Securities and Exchange Commission and light weapons
- The Commissioner of the Insurance Commission - Collaborative and cooperative measures are essential to address
this transnational threat.
A COVERED TRANSACTION is a transaction in cash or other
equivalent monetary instrument involving a total amount in excess of Why should it be addressed?
PHP500,000.00 within one (1) banking day. - It poses a serious threat to national security and a stumbling block
to economic development.
Republic Act No. 9160 - Firearms can be tools of violence. Letting the control of the tools
- approved on September 29, 2001 of violence get out of hand can be a disaster for
- this Act shall be known as the "Anti-Money Laundering Act of any society.
2001.“
Efforts to curtail the problem
For the prevention of money laundering, the AMLA contains - Improvement of the traceability of firearms;
specific provisions on the following areas: - Passage of relevant laws and providing stiffer penalties thereto;
a. Customer identification - Encouraging return of loose firearms through programs such as
b. Keeping of records amnesty and “balik-baril” programs; and
c. Recognition and reporting of covered and suspicious - More extensive law enforcement.
transactions
d. Training

Importance of Customer Identification RELEVANT LAWS

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 26
 - The Memorandum for the SILG recommending the phase-out of - the illegal cultivation, culture, delivery, administration,
the use, manufacture or sale of Paltik (home-made) Firearms; and dispensation, manufacture, sale, trading, transportation,
- The PNP Circular on the disposition of Captured, Confiscated, distribution, importation, exportation and possession of any
Surrendered and Deposited Firearms, Ammunition and Explosives. dangerous drug and/or controlled precursor and essential chemical.
- generally refers to the sale and distribution of illegal drugs
R.A. 6425 – Dangerous Drug Act of 1972 was repealed by,
BASIC FIREARMS LAWS, RULES AND REGULATIONS:
Section 1, Republic Act No. 8294: R.A. 9165 – Comprehensive Dangerous Drug Act of 2002.
Acts punishable: Unlawful Manufacture, Sale, Acquisition,
Disposition or Possession of Firearms Ammunition or Instruments Used or ENVIRONMENTAL CRIME
Intended to be Used in the Manufacture of Firearms or Ammunitions.
Penalty:Prision correccional in its maximum period and a fine of not Environmental crime
less that Fifteen Thousand pesos(P15,000.00) - the deliberate evasion of environmental laws and regulations by
(low-powered firearm such as rim fire handgun, .380 or .32 and individuals and companies in the pursuit of “personal interest and
other firearm of similar firepower, part of firearm, ammunition or machinery, benefit.” Where these activities involve movements across national
tool or instrument used or intended to be used in the manufacture of any boundaries, or impacts upon the world as a whole, they can be
firearm or ammunition: Provided that no other crime was committed) termed "international environmental crime”
The most common types of environmental crime fall under these major
Section 1, Republic Act No. 8294: categories:
- Acts punishable: Unlawful Manufacture, Sale, Acquisition, (1) biodiversity;
Disposition or Possession of Firearms Ammunition or Instruments (2) natural resources-related crime;
Used or Intended to be Used in the Manufacture of Firearms or (3) wastes;
Ammunitions. (4) banned substances;
- Penalty:Prision mayor in its minimum period and a fine of Thirty (5) other environmental offences like biopiracy and transport of
Thousand pesos (30,000.00) controlled biological or genetically modified material; Illegal dumping of oil
- (high-powered firearm which includes those with bores bigger in and other wastes in oceans; violations of potential trade restrictions under the
diameter that .38 caliber and 9 millimeter such as caliber 40, 41, 1998 Rotterdam Convention on the Prior Informed Consent Procedure for
44, 45 and also lesser calibered firearms but considered powerful Certain Hazardous Chemicals and Pesticides in International Trade; Trade in
such as caliber 357 and caliber .22 center fire magnum and other chemicals in contravention to the 2001 Stockholm; Convention on Persistent
firearms with firing capability of full automatic and by burst of two Organic Pollutants; and fuel smuggling to avoid taxes or future controls on
or three: Provided however, That no other crime was committed by carbon emissions.
the person arrested)
ECONOMIC CRIME
INTELLECTUAL PROPERTY THEFT
Intellectual property theft is used interchangeably with intellectual Economic Crime
property piracy which is the unauthorized copying of goods, or works such as - referred to as commercial crimes and known also as “white collar”
software, for resale by way of profit or trade; the production and sale by way crimes
of trade of copies of goods which have been made without the authority of - any act characterized by fraud, concealment, or a violation of trust
the owner of the intellectual property; the facilitation of their production, and and are not dependent upon the application or threat of physical
the distribution of such goods including importation and retailing; force or violence
counterfeiting or pirating of goods facilitated by use of the Internet or satellite
technologies, or piracy or theft of information or broadcasts, or unauthorized PIRACY AND ARMED ROBBERY AGAINST SHIPS
photocopying of books for education purposes, or of unauthorized end-user
piracy of software beyond the purchaser’s license, or piracy of domain names Sea Piracy is described as
or company names, or counterfeiting of currency; the unauthorized (1) an act of any person who, on the high seas, shall attack or seize a vessel
manufacture and distribution of copies of such goods and works which are or, not being a member of its complement, nor a passenger, shall
intended to appear to be so similar to the original as to be passed off as seize the whole or part of the cargo of said vessel, its equipment, or
genuine examples. This includes use of famous brands on clothing not personal belonging of its complement or passengers;
manufactured by or on behalf of the owner of the trade mark, and exact (2) any attack upon or seizure of any vessel, or the taking away of the whole
copies of CDs containing any material or software, which are traded in a form or part thereof, or its cargo, equipment, or the personal belongings of
intended to be indistinguishable to ordinary consumers from the genuine its complement or passengers, irrespective of the value thereof, by
product. Intellectual property right is “the legal ownership by a person or means of violence against or intimidation of persons or force upon
business of a copyright, design, and patent, trade mark attached to a particular things committed by any person, including a passenger or member or
product or process which protects the owner against unauthorized copying or complement of said vessel, in Philippine waters, and
imitation. Such property rights are an important element of product (3) any person who knowingly and in any manner aids or protects pirates,
differentiation and confer temporary monopoly advantages to suppliers” such as giving them information about the movements of the police
(Pass, Lowes and Davies 1993: 265). The term intellectual property rights or other peace officers of the government, or acquires or receives
include copyright and related rights, trademarks and service marks, property taken by such pirates, or any person who abets the
geographic indications, industrial designs, patents, layout-designs. commission of the piracy.

Four categories of intellectual property according to Nicole Leeper The definition of piracy is contained in article 101 of the 1982 United
Piquero Nations Conventions on the Sea (UNCLOS)
- Patents “ Piracy consist of any of the following acts:
- Trademarks a. any illegal acts of violence or detention, or any act of
- Trade secrets depredation, committed for private ends by the crew or the
- Copyright passengers of a private ship or a private aircraft and directed:
a.1 on the high seas, against another ship or aircraft, or
Republic Act No. 8293             against persons or property on board of such ship or
- approved on June 6, 1997 aircraft.
- This Act shall take effect on 1 January 1998. a.2 against a ship, aircraft, person or property in a place
- Intellectual Property Code of the Philippines. outside the jurisdiction of any State.
b. Any act of voluntary participation in the operation of a ship or
RA 10088 an aircraft with knowledge of facts making it a pirate ship or
- known as the "Anti-Camcording Act of 2010 aicraft;
- Approved on May 13, 2010 c. Any act inciting or of intentionally facilitating an act describe in
sub-paragraph (a) or (b)

DRUG TRAFFICKING
SMUGGLING OF CULTURAL PROPERTIES
The Drug Trade Smuggling of Cultural Property refers to the act of any person
From the farmers to the producers, the smugglers, the street who, through the use of any fraudulent machinations, shall import or bring
dealers, and the users, the drug trade is deeply rooted in the global economy. into, or export from, transfer from, the Philippines, or assist in so doing, any
It is protected and overseen by powerful groups known as drug cartels that cultural properties.
make huge profits from this multibillion-dollar industry. Cultural properties are old buildings, monuments, shrines, documents, and
objects which may be classified as antiques, relics, or artifacts, landmarks,
What is drug trafficking? anthropological and historical sites, and specimens of natural history which
- another term for dug trade are of cultural, historical, anthropological or scientific value and significance
- refers to the illegal process through which narcotics and other to the nation; such as physical, anthropological, archaeological and
illegal drugs are produced, transported, and sold. ethnographic materials, meteorites and tektites;

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 27
historical objects and manuscripts; household and agricultural implements;
decorative articles or personal adornment; works of art such as paintings, DRUG
sculptures, carvings, jewelry, music, architecture, sketches, drawings, or - Is any substance other than food or water that is intended to be
illustrations in part or in whole; works of industrial and commercial art such taken or administered for the purpose of altering, sustaining or
as furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or controlling the recipients physical, mental or emotional state.
other heraldic items, metals, coins, medals, badges, insignias, coat of arms, Drug Abuse
crests, flags, arms and armor, vehicles or ships or boats in part or in whole. - is the overuse or consumption of drugs other than for medical
reasons
- any non-medical use of drugs that cause physical, psychological,
legal, economic, or social damage to the user or to the people
affected by the user’s behavior
- using drugs without prescription
- abuse of drugs and other substances can lead to physical and
psychological dependences
- the deliberate or unintentional continuous use of mind-changing
chemical substances that results in any degree of physical, mental,
emotional, or social impairment of the user, the user’s family or
society in general.
Drug Dependence
- characterized by the compulsion to use a drug to experience
psychological or physical effects despite deterioration in health,
work, and social activities
- a cluster of physiological, behavioral and cognitive phenomena of
variable intensity in which the use of psychoactive drug takes on a
high priority thereby involving, among others a strong desire or a
sense of compulsion to take the substance and the difficulties in
controlling substance taking behavior in terms of its onset,
termination, or levels of use. (RA 9165) WHO
Tolerance
- a form of physical dependence, occurs when the body becomes
accustomed to a drug as the drug is repeatedly taken in the same
dose
- now requires ever- increasing larger doses to achieve the same
desired effect
- tendency to increase dosage to maintain the same effect in the
body
Physical Dependence
- can only be discernible when drug intake is decreased or stopped
and an involuntary illness called the withdrawal syndrome occurs
Psychological Dependence
- Exhibited when a user relies on a drug to achieve a feeling of well-
being
- most extreme form of this is the obsession of the user with the
drug, thus focusing virtually all his interest and activity on
obtaining and using it
- It is also arises from the ability to satisfy some emotional or
personality needs of an individual
- in the brains of addicts, there is reduced activity in the prefrontal
cortex, where rational thought can override impulsive behavior
- addiction has a specific definition: You are unable to stop when
you want to, despite (being) aware of the adverse consequences. It
permeates your life; you spend more time satisfying (your craving)
- addiction is about disrupting the processing of pleasure; the
balance point is shifted so you keep creating more and more urges,
and you keep wanting more and more
- addiction occur when behaviors start to become excessive. They
are driven by our systems that stand up, shake us and say, “The
brain is saying this is good; we should do it again”.

The effects of drug depend on the

- amount taken
- user’s past drug experience
- the manner in which the drug is ingested
- circumstances under which the drug is taken (the place, the user’s
psychological and emotional stability, the presence of other people,
the simultaneous use of alcohol or other drugs)
Routes of Drug Administration
- Oral Ingestion
- Inhalation
- Injection
- Snorting
- Buccal
- Suppositories
PATTERNS OF DRUG TAKING
National Commission on Marihuana and Drug Abused advised a
typology of five patterns of drug taking behavior: experimental,
social-recreational, circumstantial-situational, intensified, and
complusive. (1970’s)
- Experimental drug use
- Social-recreational drug use
- Circumstantial-situational drug use
- Intensified drug use
- Chronic drug use
- Compulsive drug use

COMMON REASONS OF DRUG OF ABUSE

CDI 5: DRUG EDUCATIONandVICE CONTROL
Parental Influences
DRUG EDUCATION AND VICE CONTROL
BY: VER BERINGA
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 28
 - unhappy home, parents showing little or no interest in their “25 per cent of terrorism is being funded by the money generated by
children, Abuses committed by parents such as harsh physical trafficking of narcotic drugs.”
punishments; Lack of parental values; parents who are permissive MK Sharma, zonal director,
and liberal; parental neglect; domestic violence; role modeling Indian Narcotics Control Bureau,
Peer influences Jammu and Kashmir
- Drug using friends encourage, pressure even, a youth to Quoted at conference at Univ of Jammu
experiment with drugs. 2008
Personality Factors
- Curiosity or the desire to experience a new state of consciousness; Sources and Production
Escape from physical and mental pain, relief from boredom and Colombia - Coca/Cocaine
frustration, and desire to escape from harsh realities; unable to Afghanistan - Opium
conform with social standards; weak personality or low sense of Burma/Laos/Thailand - Opium
self esteem. Philippines -
Methamphetmine/Shabu
COMMON SIGNS OF DRUG ABUSE Golden Triangle - Opium-Heroin
Silver Triangle - cocaine
General changes in over-all personality Golden Crescent - Heroin
- aggressive
- unable to accept criticisms TYPES OF DANGEROUS DRUGS
- increasingly prone to injury due to carelessness - STIMULANTS DEPRESSANTS
- disinterested in his job - NARCOTICS HALLUCINOGENS
- frequenting odd places without cause (storage rooms, closets, - CANNABIS ANABOLIC
basements) STEROIDS
- INHALANTS
Characteristics of Addicts in the Workplace
Stimulants
- work output is poor
- sometimes referred to uppers
- is often sick (flu, colds, sinus problems, etc.)
- drugs which induce alertness, wakefulness, elevated mood,
- association with unknown personalities
increased speech, mental and motor activity, relieve fatigue or
- shows disinterest in job and do not want to improve oneself
boredom and decreased appetite. E.g. Shabu, Cocaine, Ecstasy
through training
- any drug or agent capable of producing an increase in the
functional activity of any organ or body part
Effects on the Individual
- hand tremors dilated pupils
EFFECTS
weight loss
- psychomotor disturbance, agitation and jitteriness
- frequent illness may lead to death
- confusion
irritability
- irritability
- resentment reduced morale
nervousness - belligerence and hostility
- wakefulness and hyperactivity
Effects on Co-Workers - repetitive stereotyped movements
- increased in workload due to covering up activities for colleague - talkativeness
- loss of production - increased libido or sex drive, but with difficulty of erection and
- continuous covering up will lead to conflicts ejaculation
- others will want to take things easy - tachycardia and irregular heart rate
- growing possibility of accidents resulting from negligence and - hypertension
impaired judgment - lack of appetite for food
- drug use spreading to co-workers
VISIBLE SIGNS OF STIMULANTS USE
Effects on Employer - emaciated and undernourished
- sickness increase in medical cost - talkative
- absenteeism reduce output due to loss of manpower - alert, wakeful, hyperactive
- deteriorating working relations resulting in industrial relations - no appetite for food and other pleasures
problems - dilated pupils and bloodshot eyes
- missed deadlines and lost business due to unsound decisions and - doodle in repetitive acts
impaired judgment - dry mouth and nose accompanied by bad breath
- excessive time wastage of precious/scarce resources
- damage of property due to accidents LEGITIMATE USES OF STIMULANTS
- pilferage and theft - used to increase alertness, reduce fatigue, weight control, and
- employee embezzlement topical analgesic
- risk of company/department secrets being sold to competitors or
unauthorized person CATEGORIES STIMULANTS
- decline in worker discipline creating supervisory problems - Methamphetamine (Shabu) Cocaine Amphetamine
- does not respond well to training - Nicotine Caffeine
- loss of public trust and confidence through poor quality products
Methamphetamine hydrochloride
and services
- commonly known as “shabu”
What can a person do to prevent drug abuse? - white odorless and crystalline powder with bitter taste
- understand your own self. Accept and respect yourself for what - popularly known as poor man’s cocaine.
you are. - considered as the most abused stimulants in the Philippines
- develop your potentials. Engage in wholesome, productive and - at present, this chemical has no known medically acceptable use
fulfilling activities. (make yourself busy)
- maintain good physical and mental health Cocaine
- use drugs properly - drug taken from the coca bush plant
- develop strong moral and spiritual foundation - (Erythroxylon coca) which usually grows in South America up to
3-6 feet high
- learn to cope with your problems and other stresses without the use
of drugs - in its pure form, is also white and made up of shiny, colorless
- learn to relate effectively to whom you can communicate your crystal and understably called “snow” in the junkie jargon.
problems freely - drug of abuse in the American and European continent
- seek professional help if you feel you cannot cope with your - increases attention and alertness
problems. - enhance energy and stamina for muscular work and relief from
fatigue
DRUGS AND CRIME
Amphetamines
“Of 43 foreign terrorist organizations, 19 are linked to the global drug - usually prescribed to reduce appetite and to relieve minor cases of
trade.” mental depression
According to Michael Braun, - this drug is representative of a broad class of stimulants known as
Chief of Operations, US DEA “pep pills”.
At “SOUTH2008” Conference 12/2008 .
Tobacco

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 29
 - there are about 71.5 million users of tobacco products in the U.S. - converted from raw opium through a relatively simple boiling and
About 23.4% of men and 18.5% of women are cigarette smokers, filtering process
with cigarette use lowest in Western states and highest in the - the most significant development in history took place in the early
Midwest; 44.3% of young adults ages 18 to 25 use tobacco, the 19th century, when Friedrich Serturner, a German scientist isolated
highest rate of any age group morphine from opium.
- TOBACCO (Cigarettes) and Alcohol are “gateway” drugs. No
Child and or adolescent ever smoke marihuana without learning
how to inhale tobacco smoke first. Ask a drug abuser whether or Heroin
not they started with aocohol, or cigarette; the answer is always - most commonly abused narcotic in the world
“YES” - to produce heroin, the chemist takes an equal amount of morphine
Caffeine and acetic anhydride and heats them together for six hour
- It’s the most widely used mood-altering drug in the - discovered by Alder Wright (1896), a British chemist. It promised
to cure addiction from opium and morphine
- is a white, odorless, crystalline powder with a very bitter taste
DEPRESSANTS - ntroduced as cough suppressant in 1898
- also known as “downers”, hypnotics, sedatives, minor
tranquilizers and antianxiety medications Codeine
- are drugs which act on and depresses the central nervous system - known as Methylmorphine. It is similar to morphine , but its effect
causing initial relaxation leading to drowsiness and sleep is weaker in intensity
- used of downers results to impairment of judgment, hearing, - cough preparations generally contain one grain of codeine per fluid
speech and muscle coordination ounce.
- they dull the minds, slow down the body reaction to such extend - also available in tablet or powder form
that accidental deaths and suicides usually happen - it was isolated from morphine in the year 1832.
- e.g. Barbiturates, tranquilizers, alcohol.
- Methadone
BARBITURATES - a synthetic narcotic used as treatment of heroin dependence but
- introduced in early 1900s also fallen to abused
- used as sedatives, hypnotics, anesthetics - other than methadone, other most commonly known synthetic
- used for insomnia and preoperative sedation opiate substitute are meperidine (demerol) and darvon.
- used by veterinarians for anesthesia and euthanasia
HALLUCINOGENS
- more popularly known as psychedelics
Gamma hydroxybutyric acid - is a group of natural or synthetic psychoactive drugs that produce
- intoxicant or euphoriant effect reactions such as perceptual alterations and changes in the state of
- used as an anabolic agent or a deep sleep aid consciousness
- used as weapon for sexual assault (date rape) - these drugs generally produced marked distortion of the senses and
- causes drowsiness, nausea, amnesia, visual hallucination, alter the way time is tperceived by the user
hypnotism etc.. - hey produce hallucinations or visions, hence the name
- chronic use lead to bizarre and anti-social thoughts as well as to
disorientation and confusion
ALCOHOL - these drugs work by exciting the CNS and inhibiting the flow of
- ETHYL ALCOHOL, is a kind of alcohol that people consume serotonin, an important neurotransmitter in the brain.
-
LETIMATE USES OF DEPRESSANTS Common Types of Hallucinogens
- used to obtain release from anxiety for the treatment of
psychological problems and as mood elevators Lysergic Acid Diethylamide (LSD)
- a compound produced from lysergic acid, a crystalline substance
NARCOTICS derived from the fungus claviceps purpurea which infects wheat
- basically refers to drugs that produces a depressant effect on the - it was discovered by Dr. Albert Hoffman while working in a Swiss
CNS Pharmaceutical company
- medically they are potent pain killers, cough suppressant and - known on the street as “acid”, it is the best known and most potent
active component of anti-diarrhea preparations hallucinogens.
- sometimes called opioids or opiates
- narcotics relieves pain by acting on specific structures, called Mescaline
receptors, located on the nerve cells of the spinal cord or brain - aka STP which stands for serenity- tranquility- peace- a drug
- the usual method of administering these drugs into the body is by derived from the dried tops of the peyote cactus, a small cactus
injecting, ingestion or inhalation native to Mexico.
- E.g. Opium and its derivatives such as Morphine, Codeine and
Heroin. Psilocybin
- hallucinogenic compound obtained in mushroom, psilocybe
Effects of Narcotics mexicana.
- produced a short lived feeling of pleasure, euphoria and a positive
sense of well being known as “thrill”, “rush”, or “high” Phencyclidine (PCP)
- constrict pupil of the eye causing difficulty in vision - considered as a menace and highly dangerous drug because it can
- on a large dose, it causes nausea, vomiting, and difficulty in be easily synthesized, this drug has no medical purpose for humans
breathing but it is occasionally used by veterinarians as an anesthetic and
- induces sleep with a slow, shallow respiration sedative for animals
- overdose cause convulsion, followed by cessation of respiration - popularly known as angel dust.
leading to death
Methylenedioxymethamphetamine
LEGITIMATE USES OF NARCOTICS - (MDMA)
- used for pain relief, antidiarrheal action and cough supression - commonly known as “Ecstasy”
Opium - is a white, yellow or brown in color with a bitter taste and comes in
- is a resinous narcotic formed from the latex released by wounding the form of either a tablet, capsule or powder
the immature seed pods of opium poppies (Papaver somniferum) - its tablet form comes in various designs and shapes hence it is
- contains up to 16% morphine, an opiate alkaloid, which is most dubbed as “designer drugs”
frequently processed chemically to produce heroin for the black - it was first became popular in the US as recreational drug,
market followed later by European and eventually gained popularity in
- a number of alkaloids are derived from this substance, the most of other parts of the world including in the Philippines.
which are morphine, heroin, and codeine - owing to its expensiveness, most abusers are categorized among
- plant displays a beautiful flower that ranges in color from white to the elites, yuppies (young urban professionals) and nocturnal party
purple goers
- mother drug of nonsynthetic narcotics the sole source of opium is - hallucinogen with amphetamine like properties
opium poppy.
KETAMINE
Morphine - dissociative anesthetic
- it is the most important alkaloids and constitutes about 10 % of the - used as surgical anesthetic for children
use raw opium - used in veterinary medicine to immobilized
animals

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 30
 - K or Special K Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
CANNABIS (k) Deliver. – Any act of knowingly passing a dangerous drug to another,
- Marijuana (Cannabis Sativa) personally or otherwise, and by any means, with or without consideration.
- Marijuana is a Mexican term meaning pleasurable feeling. It is a (l) Den, Dive or Resort. – A place where any dangerous drug and/or
mixed preparation of the flowering tops, leaves, seeds, and stem of controlled precursor and essential chemical is administered, delivered, stored
the hemp plant for illegal purposes, distributed, sold or used in any form.
- may grow from 3 to 10 ft high. The flowering tops of both male (m) Dispense. – Any act of giving away, selling or distributing medicine or
and female plant produce a sticky resin which contains any dangerous drug with or without the use of prescription.
Tetrahydrocannabinol or THC (n) Drug Dependence. – As based on the World Health Organization
- known as the world oldest cultivated drugs used by the incas of definition, it is a cluster of physiological, behavioral and cognitive
Peru. phenomena of variable intensity, in which the use of psychoactive drug takes
on a high priority thereby involving, among others, a strong desire or a sense
INHALANTS of compulsion to take the substance and the difficulties in controlling
substance-taking behavior in terms of its onset, termination, or levels of use.
CLASSES OF INHALANTS (o) Drug Syndicate. – Any organized group of two (2) or more persons
1. Volatile solvents- such as glue, paint thinner, cleaning fluid, nail polish forming or joining together with the intention of committing any offense
remover, and gasoline prescribed under this Act.
2. Aerosols- such as hair spray, spray paint, frying fan lubricants, and (p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman,
deodorants lookout, and other persons working in the den, dive or resort, employed by
3. Anesthetics- such as nitrous oxide and ether the maintainer, owner and/or operator where any dangerous drug and/or
4. Volatile nitrates- such as amyl nitrate, a prescription drug used to treat controlled precursor and essential chemical is administered, delivered,
angina, and butyl nitrate, formerly use deodorizer but now illegal distributed, sold or used, with or without compensation, in connection with
the operation thereof.
ANABOLIC STEROIDS (q) Financier. – Any person who pays for, raises or supplies money for, or
- known as performance enhancing drugs underwrites any of the illegal activities prescribed under this Act.
- used legitimately for weight gain, fro treatment of arthritis, anemia, (r) Illegal Trafficking. – The illegal cultivation, culture, delivery,
and cancer treatments. administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
REPUBLIC ACT NO. 9165       June 7, 2002
(s) Instrument. – Any thing that is used in or intended to be used in any
manner in the commission of illegal drug trafficking or related offenses.
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS (t) Laboratory Equipment. – The paraphernalia, apparatus, materials or
DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, appliances when used, intended for use or designed for use in the
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF manufacture of any dangerous drug and/or controlled precursor and essential
1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR chemical, such as reaction vessel, preparative/purifying equipment,
OTHER PURPOSES fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.
Be it enacted by the Senate and House of Representatives of the Philippines (u) Manufacture. – The production, preparation, compounding or processing
in Congress of any dangerous drug and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from substances of natural origin,
or independently by means of chemical synthesis or by a combination of
Section 1.Short Title. – This Act shall be known and cited as the extraction and chemical synthesis, and shall include any packaging or
"Comprehensive Dangerous Drugs Act of 2002". repackaging of such substances, design or configuration of its form, or
labeling or relabeling of its container; except that such terms do not include
ARTICLE I the preparation, compounding, packaging or labeling of a drug or other
substances by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the course of
Definition of terms his/her professional practice including research, teaching and chemical
Section 3. Definitions. As used in this Act, the following terms shall mean: analysis of dangerous drugs or such substances that are not intended for sale
(a) Administer. – Any act of introducing any dangerous drug into the body or for any other purpose.
of any person, with or without his/her knowledge, by injection, inhalation, (v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or
ingestion or other means, or of committing any act of indispensable by its any other name. – Embraces every kind, class, genus, or specie of the
assistance to a person in administering a dangerous drug to himself/herself plant Cannabis sativa L. including, but not limited to, Cannabis americana,
unless administered by a duly licensed practitioner for purposes of hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class
medication. and character of marijuana, whether dried or fresh and flowering, flowering
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article or fruiting tops, or any part or portion of the plant and seeds thereof, and all
IX of this Act. its geographic varieties, whether as a reefer, resin, extract, tincture or in any
(c) Centers. - Any of the treatment and rehabilitation centers for drug form whatsoever.
dependents referred to in Section 34, Article VIII of this Act. (w) Methylenedioxymethamphetamine (MDMA) or commonly known as
(d) Chemical Diversion. – The sale, distribution, supply or transport of "Ecstasy", or by its any other name. – Refers to the drug having such
legitimately imported, in-transit, manufactured or procured controlled chemical composition, including any of its isomers or derivatives in any
precursors and essential chemicals, in diluted, mixtures or in concentrated form.
form, to any person or entity engaged in the manufacture of any dangerous (x) Methamphetamine Hydrochloride or commonly known as "Shabu",
drug, and shall include packaging, repackaging, labeling, relabeling or "Ice", "Meth", or by its any other name. – Refers to the drug having such
concealment of such transaction through fraud, destruction of documents, chemical composition, including any of its isomers or derivatives in any
fraudulent use of permits, misdeclaration, use of front companies or mail form.
fraud. (y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture somniferum L.) and embraces every kind, class and character of opium,
of any dangerous drug and/or controlled precursor and essential chemical. whether crude or prepared; the ashes or refuse of the same; narcotic
(f) Confirmatory Test. – An analytical test using a device, tool or equipment preparations thereof or therefrom; morphine or any alkaloid of opium;
with a different chemical or physical principle that is more specific which preparations in which opium, morphine or any alkaloid of opium enters as an
will validate and confirm the result of the screening test. ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
(g) Controlled Delivery. – The investigative technique of allowing an opium leaves, whether prepared for use or not.
unlawful or suspect consignment of any dangerous drug and/or controlled (z) Opium Poppy. – Refers to any part of the plant of the species Papaver
precursor and essential chemical, equipment or paraphernalia, or property somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
believed to be derived directly or indirectly from any offense, to pass into, bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
through or out of the country under the supervision of an authorized officer, leaves or any part thereof, or substances derived therefrom, even for floral,
with a view to gathering evidence to identify any person involved in any decorative and culinary purposes.
dangerous drugs related offense, or to facilitate prosecution of that offense. (aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under
(h) Controlled Precursors and Essential Chemicals. – Include those listed Section 82, Article IX of this Act.
in Tables I and II of the 1988 UN Convention Against Illicit Traffic in (bb) Person. – Any entity, natural or juridical, including among others, a
Narcotic Drugs and Psychotropic Substances as enumerated in the attached corporation, partnership, trust or estate, joint stock company, association,
annex, which is an integral part of this Act. syndicate, joint venture or other unincorporated organization or group
(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, capable of acquiring rights or entering into obligations.
or permitting the planting, growing or raising of any plant which is the source (cc) Planting of Evidence. – The willful act by any person of maliciously
of a dangerous drug. and surreptitiously inserting, placing, adding or attaching directly or
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the indirectly, through any overt or covert act, whatever quantity of any
1961 Single Convention on Narcotic Drugs, as amended by the 1972 dangerous drug and/or controlled precursor and essential chemical in the
Protocol, and in the Schedules annexed to the 1971 Single Convention on person, house, effects or in the immediate vicinity of an innocent individual
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 31
for the purpose of implicating, incriminating or imputing the commission of transit or transport any controlled precursor and essential chemical, or shall
any violation of this Act. act as a broker in such transactions.
(dd) Practitioner. – Any person who is a licensed physician, dentist,
chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in
If the sale, trading, administration, dispensation, delivery, distribution or
the Philippines. transportation of any dangerous drug and/or controlled precursor and
(ee) Protector/Coddler. – Any person who knowingly and willfully consents
essential chemical transpires within one hundred (100) meters from the
to the unlawful acts provided for in this Act and uses his/her influence, power school, the maximum penalty shall be imposed in every case.
or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects, has
violated the provisions of this Act in order to prevent the arrest, prosecution For drug pushers who use minors or mentally incapacitated individuals as
and conviction of the violator. runners, couriers and messengers, or in any other capacity directly connected
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers to the dangerous drugs and/or controlled precursors and essential chemical
or gives away to another, on any terms whatsoever, or distributes, dispatches trade, the maximum penalty shall be imposed in every case.
in transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act. If the victim of the offense is a minor or a mentally incapacitated individual,
(gg) School. – Any educational institution, private or public, undertaking or should a dangerous drug and/or a controlled precursor and essential
educational operation for pupils/students pursuing certain studies at defined chemical involved in any offense herein provided be the proximate cause of
levels, receiving instructions from teachers, usually located in a building or a death of a victim thereof, the maximum penalty provided for under this
group of buildings in a particular physical or cyber site. Section shall be imposed.
(hh) Screening Test. – A rapid test performed to establish
potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug and/or controlled The maximum penalty provided for under this Section shall be imposed upon
precursor and essential chemical whether for money or any other any person who organizes, manages or acts as a "financier" of any of the
consideration. illegal activities prescribed in this Section.
(jj) Trading. – Transactions involving the illegal trafficking of dangerous
drugs and/or controlled precursors and essential chemicals using electronic The penalty of twelve (12) years and one (1) day to twenty (20) years of
devices such as, but not limited to, text messages, email, mobile or landlines, imprisonment and a fine ranging from One hundred thousand pesos
two-way radios, internet, instant messengers and chat rooms or acting as a (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
broker in any of such transactions whether for money or any other imposed upon any person, who acts as a "protector/coddler" of any violator of
consideration in violation of this Act. the provisions under this Section.
(kk) Use. – Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the physiological system of the body, Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life
and of the dangerous drugs. imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
ARTICLE II any person or group of persons who shall maintain a den, dive or resort where
Unlawful Acts and Penalties any dangerous drug is used or sold in any form.

Section 4.Importation of Dangerous Drugs and/or Controlled Precursors The penalty of imprisonment ranging from twelve (12) years and one (1) day
and Essential Chemicals.- .The penalty of life imprisonment to death and a to twenty (20) years and a fine ranging from One hundred thousand pesos
ranging from Five hundred thousand pesos (P500,000.00) to Ten million (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
pesos (P10,000,000.00) shall be imposed upon any person, who, unless imposed upon any person or group of persons who shall maintain a den, dive,
authorized by law, shall import or bring into the Philippines any dangerous or resort where any controlled precursor and essential chemical is used or
drug, regardless of the quantity and purity involved, including any and all sold in any form.
species of opium poppy or any part thereof or substances derived therefrom
even for floral, decorative and culinary purposes. The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold to a
The penalty of imprisonment ranging from twelve (12) years and one (1) day minor who is allowed to use the same in such a place.
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be Should any dangerous drug be the proximate cause of the death of a person
imposed upon any person, who, unless authorized by law, shall import any using the same in such den, dive or resort, the penalty of death and a fine
controlled precursor and essential chemical. ranging from One million (P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.
The maximum penalty provided for under this Section shall be imposed upon
any person, who, unless authorized under this Act, shall import or bring into If such den, dive or resort is owned by a third person, the same shall be
the Philippines any dangerous drug and/or controlled precursor and essential confiscated and escheated in favor of the government: Provided, That the
chemical through the use of a diplomatic passport, diplomatic facilities or any criminal complaint shall specifically allege that such place is intentionally
other means involving his/her official status intended to facilitate the used in the furtherance of the crime: Provided, further, That the prosecution
unlawful entry of the same. In addition, the diplomatic passport shall be shall prove such intent on the part of the owner to use the property for such
confiscated and canceled. purpose: Provided, finally, That the owner shall be included as an accused in
the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon
any person, who organizes, manages or acts as a "financier" of any of the The maximum penalty provided for under this Section shall be imposed upon
illegal activities prescribed in this Section. any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos The penalty twelve (12) years and one (1) day to twenty (20) years of
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imprisonment and a fine ranging from One hundred thousand pesos
imposed upon any person, who acts as a "protector/coddler" of any violator of (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
the provisions under this Section. imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
Section 5.Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of
Precursors and Essential Chemicals. - The penalty of life imprisonment to imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, Five hundred thousand pesos (P500,000.00) shall be imposed upon:
unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous
(a) Any employee of a den, dive or resort, who is aware of the
drug, including any and all species of opium poppy regardless of the quantity
nature of the place as such; and
and purity involved, or shall act as a broker in any of such transactions.

(b) Any person who, not being included in the provisions of the
The penalty of imprisonment ranging from twelve (12) years and one (1) day
next preceding, paragraph, is aware of the nature of the place as
to twenty (20) years and a fine ranging from One hundred thousand pesos
such and shall knowingly visit the same
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - The penalty of life imprisonment to death and a
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 32
fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos possessed is far beyond therapeutic requirements; or less than three
(P10,000,000.00) shall be imposed upon any person, who, unless authorized hundred (300) grams of marijuana.
by law, shall engage in the manufacture of any dangerous drug.
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging
and Other Paraphernalia for Dangerous Drugs and/or Controlled from six (6) months and one (1) day to four (4) years and a fine ranging from
Precursors and Essential Chemicals. - The penalty of imprisonment ranging Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
from twelve (12) years and one (1) day to twenty (20) years and a fine be imposed upon any person, who, unless authorized by law, shall possess or
ranging from One hundred thousand pesos (P100,000.00) to Five hundred have under his/her control any equipment, instrument, apparatus and other
thousand pesos (P500,000.00) shall be imposed upon any person who shall paraphernalia fit or intended for smoking, consuming, administering,
deliver, possess with intent to deliver, or manufacture with intent to deliver injecting, ingesting, or introducing any dangerous drug into the body:
equipment, instrument, apparatus and other paraphernalia for dangerous Provided, That in the case of medical practitioners and various professionals
drugs, knowing, or under circumstances where one reasonably should know, who are required to carry such equipment, instrument, apparatus and other
that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, paraphernalia in the practice of their profession, the Board shall prescribe the
compound, convert, produce, process, prepare, test, analyze, pack, repack, necessary implementing guidelines thereof.
store, contain or conceal any dangerous drug and/or controlled precursor and
essential chemical in violation of this Act.
The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the
The penalty of imprisonment ranging from six (6) months and one (1) day to preceding paragraph shall be prima facie evidence that the possessor has
four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to smoked, consumed, administered to himself/herself, injected, ingested or
Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, used a dangerous drug and shall be presumed to have violated Section 15 of
ingest, inhale or otherwise introduce into the human body a dangerous drug this Act.
in violation of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social
The maximum penalty provided for under this Section shall be imposed upon Gatherings or Meetings. – Any person found possessing any dangerous drug
any person, who uses a minor or a mentally incapacitated individual to during a party, or at a social gathering or meeting, or in the proximate
deliver such equipment, instrument, apparatus and other paraphernalia for company of at least two (2) persons, shall suffer the maximum penalties
dangerous drugs. provided for in Section 11 of this Act, regardless of the quantity and purity of
such dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos Section 14. Possession of Equipment, Instrument, Apparatus and Other
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
any person, who, unless authorized by law, shall possess any dangerous drug Meetings. - The maximum penalty provided for in Section 12 of this Act shall
in the following quantities, regardless of the degree of purity thereof: be imposed upon any person, who shall possess or have under his/her control
any equipment, instrument, apparatus and other paraphernalia fit or intended
for smoking, consuming, administering, injecting, ingesting, or introducing
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine; any dangerous drug into the body, during parties, social gatherings or
meetings, or in the proximate company of at least two (2) persons.
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or Section 15. Use of Dangerous Drugs. – A person apprehended or arrested,
"shabu"; who is found to be positive for use of any dangerous drug, after a
(6) 10 grams or more of marijuana resin or marijuana resin oil; confirmatory test, shall be imposed a penalty of a minimum of six (6) months
(7) 500 grams or more of marijuana; and rehabilitation in a government center for the first offense, subject to the
(8) 10 grams or more of other dangerous drugs such as, but not provisions of Article VIII of this Act. If apprehended using any dangerous
limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", drug for the second time, he/she shall suffer the penalty of imprisonment
paramethoxyamphetamine (PMA), trimethoxyamphetamine ranging from six (6) years and one (1) day to twelve (12) years and a fine
(TMA), lysergic acid diethylamine (LSD), gamma ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
hydroxyamphetamine (GHB), and those similarly designed or pesos (P200,000.00): Provided, That this Section shall not be applicable
newly introduced drugs and their derivatives, without having any where the person tested is also found to have in his/her possession such
therapeutic value or if the quantity possessed is far beyond quantity of any dangerous drug provided for under Section 11 of this Act, in
therapeutic requirements, as determined and promulgated by the which case the provisions stated therein shall apply.
Board in accordance to Section 93, Article XI of this Act.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs
Otherwise, if the quantity involved is less than the foregoing quantities, the or are Sources Thereof. - The penalty of life imprisonment to death and a fine
penalties shall be graduated as follows: ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who shall plant,
(1) Life imprisonment and a fine ranging from Four hundred cultivate or culture marijuana, opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as a dangerous drug or as a
thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantity of methamphetamine hydrochloride source from which any dangerous drug may be manufactured or derived:
Provided, That in the case of medical laboratories and medical research
or "shabu" is ten (10) grams or more but less than fifty (50) grams;
centers which cultivate or culture marijuana, opium poppy and other plants,
or materials of such dangerous drugs for medical experiments and research
(2) Imprisonment of twenty (20) years and one (1) day to life purposes, or for the creation of new types of medicine, the Board shall
imprisonment and a fine ranging from Four hundred thousand prescribe the necessary implementing guidelines for the proper cultivation,
pesos (P400,000.00) to Five hundred thousand pesos culture, handling, experimentation and disposal of such plants and materials.
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine,
The land or portions thereof and/or greenhouses on which any of said plants
heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", is cultivated or cultured shall be confiscated and escheated in favor of the
State, unless the owner thereof can prove lack of knowledge of such
or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed cultivation or culture despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty
or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond provided for under this Section shall be imposed upon the offender.
therapeutic requirements; or three hundred (300) grams or more
but less than five (hundred) 500) grams of marijuana; and The maximum penalty provided for under this Section shall be imposed upon
any person, who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.
(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if The penalty of twelve (12) years and one (1) day to twenty (20) years of
the quantities of dangerous drugs are less than five (5) grams of imprisonment and a fine ranging from One hundred thousand pesos
opium, morphine, heroin, cocaine or cocaine hydrochloride, (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
marijuana resin or marijuana resin oil, methamphetamine imposed upon any person, who acts as a "protector/coddler" of any violator of
hydrochloride or "shabu", or other dangerous drugs such as, but the provisions under this Section.
not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their Section 17. Maintenance and Keeping of Original Records of Transactions
derivatives, without having any therapeutic value or if the quantity
on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 33
- The penalty of imprisonment ranging from one (1) year and one (1) day to (6) The alleged offender or his/her representative or counsel shall be allowed
six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to to personally observe all of the above proceedings and his/her presence shall
Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, not constitute an admission of guilt. In case the said offender or accused
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates refuses or fails to appoint a representative after due notice in writing to the
or fails to comply with the maintenance and keeping of the original records of accused or his/her counsel within seventy-two (72) hours before the actual
transactions on any dangerous drug and/or controlled precursor and essential burning or destruction of the evidence in question, the Secretary of Justice
chemical in accordance with Section 40 of this Act. shall appoint a member of the public attorney's office to represent the former;

An additional penalty shall be imposed through the revocation of the license (7) After the promulgation and judgment in the criminal case wherein the
to practice his/her profession, in case of a practitioner, or of the business, in representative sample/s was presented as evidence in court, the trial
case of a manufacturer, seller, importer, distributor, dealer or retailer. prosecutor shall inform the Board of the final termination of the case and, in
turn, shall request the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction within twenty-
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) four (24) hours from receipt of the same; and
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) and the additional penalty of the (8) Transitory Provision: a) Within twenty-four (24) hours from the
revocation of his/her license to practice shall be imposed upon the effectivity of this Act, dangerous drugs defined herein which are presently in
practitioner, who shall prescribe any dangerous drug to any person whose possession of law enforcement agencies shall, with leave of court, be burned
physical or physiological condition does not require the use or in the dosage or destroyed, in the presence of representatives of the Court, DOJ,
prescribed therein, as determined by the Board in consultation with Department of Health (DOH) and the accused/and or his/her counsel, and, b)
recognized competent experts who are authorized representatives of Pending the organization of the PDEA, the custody, disposition, and burning
professional organizations of practitioners, particularly those who are or destruction of seized/surrendered dangerous drugs provided under this
involved in the care of persons with severe pain. Section shall be implemented by the DOH.

Section 19.Unlawful Prescription of Dangerous Drugs. – The penalty of life Section 22. Grant of Compensation, Reward and Award. – The Board shall
imprisonment to death and a fine ranging from Five hundred thousand pesos recommend to the concerned government agency the grant of compensation,
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon reward and award to any person providing information and to law enforcers
any person, who, unless authorized by law, shall make or issue a prescription participating in the operation, which results in the successful confiscation,
or any other writing purporting to be a prescription for any dangerous drug. seizure or surrender of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.
Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Section 23. Plea-Bargaining Provision. – Any person charged under any
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia provision of this Act regardless of the imposable penalty shall not be allowed
and/or Laboratory Equipment. – The PDEA shall take charge and have to avail of the provision on plea-bargaining.
custody of all dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and
and/or laboratory equipment so confiscated, seized and/or surrendered, for Pushers. – Any person convicted for drug trafficking or pushing under this
proper disposition in the following manner:
Act, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968, as
(1) The apprehending team having initial custody and control of the drugs amended.
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from Section 25.Qualifying Aggravating Circumstances in the Commission of a
whom such items were confiscated and/or seized, or his/her representative or
Crime by an Offender Under the Influence of Dangerous Drugs. –
counsel, a representative from the media and the Department of Justice Notwithstanding the provisions of any law to the contrary, a positive finding
(DOJ), and any elected public official who shall be required to sign the copies
for the use of dangerous drugs shall be a qualifying aggravating circumstance
of the inventory and be given a copy thereof; in the commission of a crime by an offender, and the application of the
penalty provided for in the Revised Penal Code shall be applicable.
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential Section 27. Criminal Liability of a Public Officer or Employee for
chemicals, as well as instruments/paraphernalia and/or laboratory equipment,
Misappropriation, Misapplication or Failure to Account for the Confiscated,
the same shall be submitted to the PDEA Forensic Laboratory for a Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
qualitative and quantitative examination;
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the
(3) A certification of the forensic laboratory examination results, which shall Proceeds or Properties Obtained from the Unlawful Act Committed. – The
be done under oath by the forensic laboratory examiner, shall be issued penalty of life imprisonment to death and a fine ranging from Five hundred
within twenty-four (24) hours after the receipt of the subject item/s: Provided, thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in
That when the volume of the dangerous drugs, plant sources of dangerous addition to absolute perpetual disqualification from any public office, shall be
drugs, and controlled precursors and essential chemicals does not allow the imposed upon any public officer or employee who misappropriates,
completion of testing within the time frame, a partial laboratory examination misapplies or fails to account for confiscated, seized or surrendered
report shall be provisionally issued stating therein the quantities of dangerous dangerous drugs, plant sources of dangerous drugs, controlled precursors and
drugs still to be examined by the forensic laboratory: Provided, however, essential chemicals, instruments/paraphernalia and/or laboratory equipment
That a final certification shall be issued on the completed forensic laboratory including the proceeds or properties obtained from the unlawful acts as
examination on the same within the next twenty-four (24) hours; provided for in this Act.

(4) After the filing of the criminal case, the Court shall, within seventy-two Any elective local or national official found to have benefited from the
(72) hours, conduct an ocular inspection of the confiscated, seized and/or proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
surrendered dangerous drugs, plant sources of dangerous drugs, and have received any financial or material contributions or donations from
controlled precursors and essential chemicals, including the natural or juridical persons found guilty of trafficking dangerous drugs as
instruments/paraphernalia and/or laboratory equipment, and through the prescribed in this Act, shall be removed from office and perpetually
PDEA shall within twenty-four (24) hours thereafter proceed with the disqualified from holding any elective or appointive positions in the
destruction or burning of the same, in the presence of the accused or the government, its divisions, subdivisions, and intermediaries, including
person/s from whom such items were confiscated and/or seized, or his/her government-owned or –controlled corporations.
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
Section 28. Criminal Liability of Government Officials and Employees. – The
guidelines on the manner of proper disposition and destruction of such item/s maximum penalties of the unlawful acts provided for in this Act shall be
which shall be borne by the offender: Provided, That those item/s of lawful
imposed, in addition to absolute perpetual disqualification from any public
commerce, as determined by the Board, shall be donated, used or recycled for office, if those found guilty of such unlawful acts are government officials
legitimate purposes: Provided, further, That a representative sample, duly
and employees.
weighed and recorded is retained;

Section 29. Criminal Liability for Planting of Evidence. – Any person who is
(5) The Board shall then issue a sworn certification as to the fact of
found guilty of "planting" any dangerous drug and/or controlled precursor
destruction or burning of the subject item/s which, together with the and essential chemical, regardless of quantity and purity, shall suffer the
representative sample/s in the custody of the PDEA, shall be submitted to the
penalty of death.
court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 34
Section 31. Additional Penalty if Offender is an Alien. – In addition to the Section 39. Accreditation of Drug Testing Centers and Physicians. – The
penalties prescribed in the unlawful act committed, any alien who violates DOH shall be tasked to license and accredit drug testing centers in each
such provisions of this Act shall, after service of sentence, be deported province and city in order to assure their capacity, competence, integrity and
immediately without further proceedings, unless the penalty is death. stability to conduct the laboratory examinations and tests provided in this
Article, and appoint such technical and other personnel as may be necessary
for the effective implementation of this provision. The DOH shall also
ARTICLE III accredit physicians who shall conduct the drug dependency examination of a
drug dependent as well as the after-care and follow-up program for the said
Dangerous Drugs Test and Record Requirements
drug dependent. There shall be a control regulations, licensing and
accreditation division under the supervision of the DOH for this purpose.
Section 36. Authorized Drug Testing. – Authorized drug testing shall be done
by any government forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to safeguard the quality of For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
test results. The DOH shall take steps in setting the price of the drug test with
DOH accredited drug testing centers to further reduce the cost of such drug technologically advanced equipment and materials, in order to conduct the
laboratory examination and tests herein provided, and appoint such qualified
test. The drug testing shall employ, among others, two (2) testing methods,
the screening test which will determine the positive result as well as the type and duly trained technical and other personnel as may be necessary for the
effective implementation of this provision.
of the drug used and the confirmatory test which will confirm a positive
screening test. Drug test certificates issued by accredited drug testing centers
Different methods of drug testing
shall be valid for a one-year period from the date of issue which may be used
for other purposes. The following shall be subjected to undergo drug testing: There are a number of different bodily specimens that can be
chemically tested to detect evidence of recent drug use. 
1. Urine is the most commonly used specimen for illicit drugs, and
a) Applicants for driver's license. – No driver's license shall be issued or 2. Breath is the most common for alcohol.
renewed to any person unless he/she presents a certification that he/she
has undergone a mandatory drug test and indicating thereon that he/she Urine:  Results of a urine test show the presence or absence of drug
is free from the use of dangerous drugs; metabolites in a person’s urine. 
b) Applicants for firearm's license and for permit to carry firearms outside Metabolites are drug residues that remain in the body for some
of residence. – All applicants for firearm's license and permit to carry time after the effects of a drug have worn off.  It is important to note that a
firearms outside of residence shall undergo a mandatory drug test to positive urine test does not necessarily mean a person was under the influence
ensure that they are free from the use of dangerous drugs: Provided, of drugs at the time of the test. 
That all persons who by the nature of their profession carry firearms Rather, it detects and measures use of a particular drug within the
shall undergo drug testing; previous few days.
c) Students of secondary and tertiary schools. – Students of secondary and
tertiary schools shall, pursuant to the related rules and regulations as Blood:  A blood test measures the actual amount of alcohol or other drugs in
contained in the school's student handbook and with notice to the the blood at the time of the test.  Blood samples provide an accurate measure
parents, undergo a random drug testing: Provided, That all drug testing of the physiologically active drug present in a person at the time the sample is
expenses whether in public or private schools under this Section will be drawn. 
borne by the government;
d) Officers and employees of public and private offices. – Officers and
There is also a very short detection period, as most drugs are
employees of public and private offices, whether domestic or overseas,
quickly cleared from the blood and deposited into the urine.
shall be subjected to undergo a random drug test as contained in the
company's work rules and regulations, which shall be borne by the
Hair:  Analysis of hair provides a much longer “testing window,” giving a
employer, for purposes of reducing the risk in the workplace. Any
more complete drug-use history going back as far as 90 days. 
officer or employee found positive for use of dangerous drugs shall be
Like urine testing, hair testing does not provide evidence of current
dealt with administratively which shall be a ground for suspension or
impairment, but rather only past use of a specific drug. 
termination, subject to the provisions of Article 282 of the Labor Code
Hair testing cannot be used to detect for alcohol use.  Hair testing
and pertinent provisions of the Civil Service Law;
is the least invasive form of drug testing.
e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law
Oral Fluids:  Saliva, or oral fluids, collected from the mouth also can be used
enforcement agencies shall undergo an annual mandatory drug test;
to detect traces of drugs and alcohol. 
f) All persons charged before the prosecutor's office with a criminal
Oral fluids are easy to collect (a swab of the inner cheek is the
offense having an imposable penalty of imprisonment of not less than
most common collection method), harder to adulterate or substitute, and may
six (6) years and one (1) day shall have to undergo a mandatory drug
be better at detecting specific substances, including marijuana, cocaine and
test; and
amphetamines/methamphetamines.  Because drugs do not remain in oral
g) All candidates for public office whether appointed or elected both in the
fluids as long as they do in urine, this method shows promise in determining
national or local government shall undergo a mandatory drug test.
current use and impairment. 

Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person
authorized, licensed or accredited under this Act and its implementing rules
to conduct drug examination or test, who issues false or fraudulent drug test
ARTICLE IV
results knowingly, willfully or through gross negligence, shall suffer the
Participation of the Family, Students, Teachers and School Authorities
penalty of imprisonment ranging from six (6) years and one (1) day to twelve
in the Enforcement of this Act
(12) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00).
Section 41. Involvement of the Family. – The family being the basic unit of
the Filipino society shall be primarily responsible for the education and
An additional penalty shall be imposed through the revocation of the license
awareness of the members of the family on the ill effects of dangerous drugs
to practice his/her profession in case of a practitioner, and the closure of the
and close monitoring of family members who may be susceptible to drug
drug testing center.
abuse.

Section 38.Laboratory Examination or Test on Apprehended/Arrested

Section 42.Student Councils and Campus Organizations. – All elementary,
Offenders. – Subject to Section 15 of this Act, any person apprehended or
secondary and tertiary schools' student councils and campus organizations
arrested for violating the provisions of this Act shall be subjected to screening
shall include in their activities a program for the prevention of and deterrence
laboratory examination or test within twenty-four (24) hours, if the
in the use of dangerous drugs, and referral for treatment and rehabilitation of
apprehending or arresting officer has reasonable ground to believe that the
students for drug dependence.
person apprehended or arrested, on account of physical signs or symptoms or
other visible or outward manifestation, is under the influence of dangerous
drugs. If found to be positive, the results of the screening laboratory Section 46. Special Drug Education Center. – With the assistance of the
examination or test shall be challenged within fifteen (15) days after receipt Board, the Department of the Interior and Local Government (DILG), the
of the result through a confirmatory test conducted in any accredited National Youth Commission (NYC), and the Department of Social Welfare
analytical laboratory equipment with a gas chromatograph/mass spectrometry and Development (DSWD) shall establish in each of its provincial office a
equipment or some such modern and accepted method, if confirmed the same special education drug center for out-of-school youth and street children.
shall be prima facie evidence that such person has used dangerous drugs, Such Center which shall be headed by the Provincial Social. Welfare
which is without prejudice for the prosecution for other violations of the Development Officer shall sponsor drug prevention programs and activities
provisions of this Act: Provided, That a positive screening laboratory test and information campaigns with the end in view of educating the out-of-
must be confirmed for it to be valid in a court of law. school youth and street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise be adopted in all
public and private orphanage and existing special centers for street children.

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 35
ARTICLE VIII nongovernmental civil organizations accredited by the DSWD, with the
Program for Treatment and Rehabilitation of Drug Dependents recommendation of the Board.

Section 54.Voluntary Submission of a Drug Dependent to Confinement, Section 58.Filing of Charges Against a Drug Dependent Who is Not
Treatment and Rehabilitation. – A drug dependent or any person who Rehabilitated Under the Voluntary Submission Program. – A drug
violates Section 15 of this Act may, by himself/herself or through his/her dependent, who is not rehabilitated after the second commitment to the
parent, spouse, guardian or relative within the fourth degree of consanguinity Center under the voluntary submission program, shall, upon recommendation
or affinity, apply to the Board or its duly recognized representative, for of the Board, be charged for violation of Section 15 of this Act and
treatment and rehabilitation of the drug dependency. Upon such application, prosecuted like any other offender. If convicted, he/she shall be credited for
the Board shall bring forth the matter to the Court which shall order that the the period of confinement and rehabilitation in the Center in the service of
applicant be examined for drug dependency. If the examination by a DOH- his/her sentence.
accredited physician results in the issuance of a certification that the applicant
is a drug dependent, he/she shall be ordered by the Court to undergo
Section 59. Escape and Recommitment for Confinement and Rehabilitation
treatment and rehabilitation in a Center designated by the Board for a period Under the Voluntary Submission Program. – Should a drug dependent under
of not less than six (6) months: Provided, That a drug dependent may be
the voluntary submission program escape from the Center, he/she may submit
placed under the care of a DOH-accredited physician where there is no himself/herself for recommitment within one (1) week therefrom, or his/her
Center near or accessible to the residence of the drug dependent or where said
parent, spouse, guardian or relative within the fourth degree of consanguinity
drug dependent is below eighteen (18) years of age and is a first-time or affinity may, within said period, surrender him for recommitment, in
offender and non-confinement in a Center will not pose a serious danger to
which case the corresponding order shall be issued by the Board.
his/her family or the community.

Should the escapee fail to submit himself/herself or be surrendered after one

Confinement in a Center for treatment and rehabilitation shall not exceed one
(1) week, the Board shall apply to the court for a recommitment order upon
(1) year, after which time the Court, as well as the Board, shall be apprised by proof of previous commitment or his/her voluntary submission by the Board,
the head of the treatment and rehabilitation center of the status of said drug
the court may issue an order for recommitment within one (1) week.
dependent and determine whether further confinement will be for the welfare
of the drug dependent and his/her family or the community.
If, subsequent to a recommitment, the dependent once again escapes from
confinement, he/she shall be charged for violation of Section 15 of this Act
Section 55. Exemption from the Criminal Liability Under the Voluntary and he subjected under section 61 of this Act, either upon order of the Board
Submission Program. A drug dependent under the voluntary submission
or upon order of the court, as the case may be.
program, who is finally discharged from confinement, shall be exempt from
the criminal liability under Section 15 of this act subject to the following
conditions: Section 62.Compulsory Submission of a Drug Dependent Charged with an
Offense to Treatment and Rehabilitation. – If a person charged with an
offense where the imposable penalty is imprisonment of less than six (6)
1. He/she has complied with the rules and regulations of the center, the
years and one (1) day, and is found by the prosecutor or by the court, at any
applicable rules and regulations of the Board, including the after-care stage of the proceedings, to be a drug dependent, the prosecutor or the court
and follow-up program for at least eighteen (18) months following
as the case may be, shall suspend all further proceedings and transmit copies
temporary discharge from confinement in the Center or, in the case of a of the record of the case to the Board.
dependent placed under the care of the DOH-accredited physician, the
after-care program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building of local In the event he Board determines, after medical examination, that public
government social workers shall be undertaken by the DSWD; interest requires that such drug dependent be committed to a center for
2. He/she has never been charged or convicted of any offense punishable treatment and rehabilitation, it shall file a petition for his/her commitment
under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. with the regional trial court of the province or city where he/she is being
6425, as amended; the Revised Penal Code, as amended; or any special investigated or tried: Provided, That where a criminal case is pending in
penal laws; court, such petition shall be filed in the said court. The court shall take
3. He/she has no record of escape from a Center: Provided, That had judicial notice of the prior proceedings in the case and shall proceed to hear
he/she escaped, he/she surrendered by himself/herself or through his/her the petition. If the court finds him to be a drug dependent, it shall order
parent, spouse, guardian or relative within the fourth degree of his/her commitment to a Center for treatment and rehabilitation. The head of
consanguinity or affinity, within one (1) week from the date of the said said Center shall submit to the court every four (4) months, or as often as the
escape; and court may require, a written report on the progress of the treatment. If the
4. He/she poses no serious danger to himself/herself, his/her family or the dependent is rehabilitated, as certified by the center and the Board, he/she
community by his/her exemption from criminal liability. shall be returned to the court, which committed him, for his/her discharge
therefrom.
Section 56. Temporary Release From the Center; After-Care and Follow-Up
Treatment Under the Voluntary Submission Program. – Upon certification of Thereafter, his/her prosecution for any offense punishable by law shall be
the Center that the drug dependent within the voluntary submission program instituted or shall continue, as the case may be. In case of conviction, the
may be temporarily released, the Court shall order his/her release on judgment shall, if the accused is certified by the treatment and rehabilitation
condition that said drug dependent shall report to the DOH for after-care and center to have maintained good behavior, indicate that he/she shall be given
follow-up treatment, including urine testing, for a period not exceeding full credit for the period he/she was confined in the Center: Provided,
eighteen (18) months under such terms and conditions that the Court may however, That when the offense is for violation of Section 15 of this Act and
impose. the accused is not a recidivist, the penalty thereof shall be deemed to have
been served in the Center upon his/her release therefrom after certification by
the Center and the Board that he/she is rehabilitated.
If during the period of after-care and follow-up, the drug dependent is
certified to be rehabilitated, he/she may be discharged by the Court, subject to
the provisions of Section 55 of this Act, without prejudice to the outcome of Section 66. Suspension of Sentence of a First-Time Minor Offender. – An
any pending case filed in court. accused who is over fifteen (15) years of age at the time of the commission of
the offense mentioned in Section 11 of this Act, but not more than eighteen
(18) years of age at the time when judgment should have been promulgated
However, should the DOH find that during the initial after-care and follow-up after having been found guilty of said offense, may be given the benefits of a
program of eighteen (18) months, the drug dependent requires further
suspended sentence, subject to the following conditions:
treatment and rehabilitation in the Center, he/she shall be recommitted to the
Center for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and follow-up a) He/she has not been previously convicted of violating any provision of
program pursuant to this Section. this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the
Revised Penal Code; or of any special penal laws;
b) He/she has not been previously committed to a Center or to the care of a
Section 57. Probation and Community Service Under the Voluntary DOH-accredited physician; and
Submission Program. – A drug dependent who is discharged as rehabilitated
c) The Board favorably recommends that his/her sentence be suspended.
by the DOH-accredited Center through the voluntary submission program,
but does not qualify for exemption from criminal liability under Section 55 of
this Act, may be charged under the provisions of this Act, but shall be placed While under suspended sentence, he/she shall be under the supervision and
on probation and undergo a community service in lieu of imprisonment rehabilitative surveillance of the Board, under such conditions that the court
and/or fine in the discretion of the court, without prejudice to the outcome of may impose for a period ranging from six (6) months to eighteen (18)
any pending case filed in court. months.

Such drug dependent shall undergo community service as part of his/her Upon recommendation of the Board, the court may commit the accused under
after-care and follow-up program, which may be done in coordination with suspended sentence to a Center, or to the care of a DOH-accredited physician

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 36
for at least six (6) months, with after-care and follow-up program for not The three (3) permanent members, who shall possess at least seven-year
more than eighteen (18) months. training and experience in the field of dangerous drugs and in any of the
following fields: in law, medicine, criminology, psychology or social work,
shall be appointed by the President of the Philippines. The President shall
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of designate a Chairman, who shall have the rank of a secretary from among the
three (3) permanent members who shall serve for six (6) years. Of the two (2)
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall apply, other members, who shall both have the rank of undersecretary, one (1) shall
serve for four (4) years and the other for two (2) years. Thereafter, the
without prejudice to the application of the provisions of this Section.
persons appointed to succeed such members shall hold office for a term of six
(6) years and until their successors shall have been duly appointed and
Section 68.Privilege of Suspended Sentence to be Availed of Only Once by a qualified.
First-Time Minor Offender. The privilege of suspended sentence shall be
availed of only once by an accused drug dependent who is a first-time
The other twelve (12) members who shall be ex officio members of the Board
offender over fifteen (15) years of age at the time of the commission of the
violation of Section 15 of this Act but not more than eighteen (18) years of are the following:
age at the time when judgment should have been promulgated.
(1) Secretary of the Department of Justice or his/her representative;
Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the (2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
accused first-time minor offender violates any of the conditions of his/her
suspended sentence, the applicable rules and regulations of the Board (4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her
exercising supervision and rehabilitative surveillance over him, including the
rules and regulations of the Center should confinement be required, the court representative;
(6) Secretary of the Department of the Interior and Local Government or
shall pronounce judgment of conviction and he/she shall serve sentence as
any other convicted person. his/her representative;
(7) Secretary of the Department of Social Welfare and Development or
his/her representative;
Section 70.Probation or Community Service for a First-Time Minor Offender (8) Secretary of the Department of Foreign Affairs or his/her representative;
in Lieu of Imprisonment. – Upon promulgation of the sentence, the court (9) Secretary of the Department of Education or his/her representative;
may, in its discretion, place the accused under probation, even if the sentence (10) Chairman of the Commission on Higher Education or his/her
provided under this Act is higher than that provided under existing law on representative;
probation, or impose community service in lieu of imprisonment. In case of (11) Chairman of the National Youth Commission;
probation, the supervision and rehabilitative surveillance shall be undertaken (12) Director General of the Philippine Drug Enforcement Agency.
by the Board through the DOH in coordination with the Board of Pardons and
Parole and the Probation Administration. Upon compliance with the
Cabinet secretaries who are members of the Board may designate their duly
conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the authorized and permanent representatives whose ranks shall in no case be
lower than undersecretary.
probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and The two (2) regular members shall be as follows:
place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15 (a) The president of the Integrated Bar of the Philippines; and
of this Act. The completion of the community service shall be under the (b) The chairman or president of a non-government organization involved in
supervision and rehabilitative surveillance of the Board during the period dangerous drug campaign to be appointed by the President of the Philippines.
required by the court. Thereafter, the Board shall render a report on the
manner of compliance of said community service. The court in its discretion
The Director of the NBI and the Chief of the PNP shall be the permanent
may require extension of the community service or order a final discharge. consultants of the Board, and shall attend all the meetings of the Board.

In both cases, the judicial records shall be covered by the provisions of

All members of the Board as well as its permanent consultants shall receive a
Sections 60 and 64 of this Act. per diem for every meeting actually attended subject to the pertinent
budgetary laws, rules and regulations on compensation, honoraria and
If the sentence promulgated by the court requires imprisonment, the period allowances: Provided, That where the representative of an ex officio member
spent in the Center by the accused during the suspended sentence period shall or of the permanent consultant of the Board attends a meeting in behalf of the
be deducted from the sentence to be served. latter, such representative shall be entitled to receive the per diem.

Section 72.Liability of a Person Who Violates the Confidentiality of Records. Section 82.Creation of the Philippine Drug Enforcement Agency (PDEA). –
– The penalty of imprisonment ranging from six (6) months and one (1) day To carry out the provisions of this Act, the PDEA, which serves as the
to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to implementing arm of the Board, and shall be responsible for the efficient and
Six thousand pesos (P6,000.00), shall be imposed upon any person who, effective law enforcement of all the provisions on any dangerous drug and/or
having official custody of or access to the confidential records of any drug controlled precursor and essential chemical as provided in this Act.
dependent under voluntary submission programs, or anyone who, having
gained possession of said records, whether lawfully or not, reveals their The PDEA shall be headed by a Director General with the rank of
content to any person other than those charged with the prosecution of the
Undersecretary, who shall be responsible for the general administration and
offenses under this Act and its implementation. The maximum penalty shall management of the Agency. The Director General of the PDEA shall be
be imposed, in addition to absolute perpetual disqualification from any public
appointed by the President of the Philippines and shall perform such other
office, when the offender is a government official or employee. Should the duties that may be assigned to him/her. He/she must possess adequate
records be used for unlawful purposes, such as blackmail of the drug
knowledge, training and experience in the field of dangerous drugs, and in
dependent or the members of his/her family, the penalty imposed for the any of the following fields: law enforcement, law, medicine, criminology,
crime of violation of confidentiality shall be in addition to whatever crime
psychology or social work.
he/she may be convicted of.

The Director General of the PDEA shall be assisted in the performance of

his/her duties and responsibilities by two (2) deputies director general with
ARTICLE IX the rank of Assistant Secretary; one for Operations and the other one for
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Administration. The two (2) deputies director general shall likewise be
appointed by the President of the Philippines upon recommendation of the
Section 77. The Dangerous Drugs Board. – The Board shall be the policy- Board. The two (2) deputies director general shall possess the same
making and strategy-formulating body in the planning and formulation of qualifications as those of the Director General of the PDEA. The Director
policies and programs on drug prevention and control. It shall develop and General and the two (2) deputies director general shall receive the
adopt a comprehensive, integrated, unified and balanced national drug abuse compensation and salaries as prescribed by law.
prevention and control strategy. It shall be under the Office of the President.
Section 85. The PDEA Academy. – Upon the approval of the Board, the
Section 78.Composition of the Board. – The Board shall be composed of PDEA Academy shall be established either in Baguio or Tagaytay City, and
seventeen (17) members wherein three (3) of which are permanent members, in such other places as may be necessary. The PDEA Academy shall be
the other twelve (12) members shall be in an ex officio capacity and the two responsible in the recruitment and training of all PDEA agents and personnel.
(2) shall be regular members. The Board shall provide for the qualifications and requirements of its recruits
who must be at least twenty-one (21) years old, of proven integrity and
honesty and a Baccalaureate degree holder.

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 37
The graduates of the Academy shall later comprise the operating units of the Section 93. Reclassification, Addition or Removal of Any Drug from the List
PDEA after the termination of the transition period of five (5) years during of Dangerous Drugs. – The Board shall have the power to reclassify, add to
which all the intelligence network and standard operating procedures of the or remove from the list of dangerous drugs. Proceedings to reclassify, add, or
PDEA has been set up and operationalized. remove a drug or other substance may be initiated by the PDEA, the DOH, or
by petition from any interested party, including the manufacturer of a drug, a
medical society or association, a pharmacy association, a public interest
The Academy shall be headed by a Superintendent, with the rank of Director.
He/she shall be appointed by the PDEA Director General. group concerned with drug abuse, a national or local government agency, or
an individual citizen. When a petition is received by the Board, it shall
immediately begin its own investigation of the drug. The PDEA also may
Jurisdiction Over Dangerous Drugs Cases begin an investigation of a drug at any time based upon the information
received from law enforcement laboratories, national and local law
Section 90.Jurisdiction. – The Supreme Court shall designate special courts enforcement and regulatory agencies, or other sources of information.
from among the existing Regional Trial Courts in each judicial region to The Board after notice and hearing shall consider the following factors with
exclusively try and hear cases involving violations of this Act. The number of respect to each substance proposed to be reclassified, added or removed from
courts designated in each judicial region shall be based on the population and control:
the number of cases pending in their respective jurisdiction. (a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or
The DOJ shall designate special prosecutors to exclusively handle cases other substance;
involving violations of this Act. (d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
The preliminary investigation of cases filed under this Act shall be terminated (f) Risk to public health; and
within a period of thirty (30) days from the date of their filing. (g) Whether the substance is an immediate precursor of a substance
already controlled under this Act.
VICES
When the preliminary investigation is conducted by a public prosecutor and a - Vice is any immoral conduct or habit, the indulgence of which
probable cause is established, the corresponding information shall be filed in leads to
court within twenty-four (24) hours from the termination of the investigation. - depravity, wickedness and corruption of the minds and body.
If the preliminary investigation is conducted by a judge and a probable cause
is found to exist, the corresponding information shall be filed by the proper THE DIFFERENT FORMS OF VICES
prosecutor within forty-eight (48) hours from the date of receipt of the - Alcoholism Prostitution
records of the case. - Drug Addiction Gambling

Trial of the case under this Section shall be finished by the court not later POLICE PROBLEMS IN VICE CONTROL
than sixty (60) days from the date of the filing of the information. Decision - Clandestine nature of the commission of the acts.
on said cases shall be rendered within a period of fifteen (15) days from the - Lack of cooperation from players, customers, and victims of vices,
date of submission of the case for resolution. - Enjoyment of goodwill by vice operators
- Public apathy and indifference
- Unwilling government officials to work against vice existence
Section 91. Responsibility and Liability of Law Enforcement Agencies and
other Government Officials and Employees in Testifying as Prosecution
Clandestine Operation = committed secretly and behind closed doors
Witnesses in Dangerous Drugs Cases. – Any member of law enforcement
Enjoyment of Goodwill by Vice Operators – earned as a result of the past
agencies or any other government official and employee who, after due
favors extended by the vice operators to the politicians during the election
notice, fails or refuses intentionally or negligently, to appear as a witness for
campaign or help to put up a business for the influential businessmen.
the prosecution in any proceedings, involving violations of this Act, without
any valid reason, shall be punished with imprisonment of not less than twelve
(12) years and one (1) day to twenty (20) years and a fine of not less than
ALCOHOLISM
Five hundred thousand pesos (P500,000.00), in addition to the administrative
- is the state or condition of a person produced by drinking
liability he/she may be meted out by his/her immediate superior and/or
intoxicating liquors excessively and with habitual frequency.
appropriate body.
(State vs. Savage, 89 Ala. 17 LBA 426, 7 South, Rep. 183). It is a
condition wherein a person is under the influence or intoxicated
The immediate superior of the member of the law enforcement agency or any with alcohol. His physical condition and behavior has been
other government employee mentioned in the preceding paragraph shall be modified to a certain extent by the effects of alcohol
penalized with imprisonment of not less than two (2) months and one (1) day
but not more than six (6) years and a fine of not less than Ten thousand pesos Alcoholic Liquor
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in - is any beverages or compound, whether distilled, fermented, or
addition, perpetual absolute disqualification from public office if despite due otherwise, which will produce intoxication or which contains in
notice to them and to the witness concerned, the former does not exert excess of one percentum of alcohol and is used as a beverage.
reasonable effort to present the latter to the court. (State vs. Oliver, 133 S.C. 125, 130 S.S. Rep. 213)

The member of the law enforcement agency or any other government ALCOHOL
employee mentioned in the preceding paragraphs shall not be transferred or - generally describes a specific chemical compound, ethyl alcohol
re-assigned to any other government office located in another territorial - ethyl Alcohol is a thin, clear, colorless fluid with a mild aromatic
jurisdiction during the pendency of the case in court. However, the concerned odor and pungent taste
member of the law enforcement agency or government employee may be
transferred or re-assigned for compelling reasons: Provided, That his/her CLASSIFICATION OF ALCOHOLIC BEVERAGES
immediate superior shall notify the court where the case is pending of the - Wines Beers Distilled spirits
order to transfer or re-assign, within twenty-four (24) hours from its approval;
Provided, further, That his/her immediate superior shall be penalized with WINES
imprisonment of not less than two (2) months and one (1) day but not more - fermented juice of grapes or other fruits
than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) - Alcohol content of 10% to 14% by volume
but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to BEER
notify the court of such order to transfer or re-assign. - derived from cereal grains-barely, rye, corn, and wheat
- typical alcohol contents is about 4% to 4.5%

Prosecution and punishment under this Section shall be without prejudice to DISTILLED SPIRIT
any liability for violation of any existing law. - fermented mixtures of cereal grains or fruits that are heated in still
- alcohol content ranging from 40% to 50%
Section 92.Delay and Bungling in the Prosecution of Drug Cases. – Any
government officer or employee tasked with the prosecution of drug-related Intoxication
cases under this act, who, through patent laxity, inexcusable neglect, - is temporary state of mental chaos and behavioral dysfunction
unreasonable delay or deliberately causes the unsuccessful prosecution and/or resulting from the presence of ethyl alcohol in the central nervous
dismissal of the said drug cases, shall suffer the penalty of imprisonment system.
ranging from twelve (12) years and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the pertinent provisions of the Revised SHORT-TERM EFFECTS OF ALCOHOL
Penal Code. Sensation and Perception
- decreases both visual and hearing acuity
- alters sensitivity to odors and taste
- reduces sensitivity to pain by masking fatigue
iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 38
 - makes time appear to pass more rapidly - Prostitution is often called the “oldest profession” in the world and
- causes underestimation of the speed of moving objects records of prostitution exist since the beginning of recorded
- increases sensation of thirst, possibly due to shifting of water from history. Prostitution today, although controlled and against the law
within the body’s cells to the spaces between the cells in most countries, is still legal in some other countries. In some
countries the laws are designed to combat the so called
Drunkard – is a person who habitually takes or use any intoxicating commercialized type of prostitution.
alcoholic liquor and while under the influence of such, or in consequence of
the effect thereof, is either dangerous to himself or to others, or is a cause of
harm or serious annoyance to his family or his affair, or of ordinary proper Two Basic Reasons Why Prostitution Must Be Suppressed
conduct. He has lesser resistance to the effect of alcohol. - Control of venereal disease (VD)
Chronic Alcoholics – person who, from the prolonged and excessive use - Prevent organized crime
alcoholic beverages, finally develops physical and psycho-changes and
dependence to alcohol. The person consciously or unconsciously begins to The Causes of Prostitution
demand on alcohol’s narcotic effects for a “pick-up”, to sleep at night, to feel - poor social background and personality handicaps are some of the
“good”, to cope with business or domestic problems, to enjoy social basis for drift into prostitution
gatherings, to get away from oneself, to repress inner urges or rebellion or - previous sexual experience, mostly unfortunate and in or out of
resentment, and to relieve distressing restlessness. wedlock
- contact with persons in or on the fringe of the business of
Why People Drink Alcohol prostitution
1. Serves as appetizer. - love for money and luxury on the part of the prostitute
2. Some believes that it gives them a lift due to its soothing effect. - lack of restraining check from neighbors, social environments and
3. Many people feels sociable because it lowers their inhibitions allowing laxity of social control much as the agency for religious training
them to make unrestrained conversation. and reforms
4. Alcohol provides an escape from the unpleasant realities of life. - the influence of contraceptives and preventive treatment for
5. In complex society, its use is widely accepted as glamorizing symbols of venereal diseases
success and superiority. - efforts to support another vices such as drug addiction or
6. Psychiatrists explained that alcoholism is a release of repressed alcoholism
homosexuality. - for the unwilling prostitutes, they are victims of white slave traffic
7. They are used for pleasurable purposes. such as kidnapping, keeping them under physical restraint, forcible
abduction of women and victims of crime against chastity
KINDS OF INTOXICATION - the indifference of law enforcement authorities in safeguarding the
1. Involuntary virtues of women and lack of courage of the victim of white slave
- when a drunken person does not know the intoxicating strength of trade to pursue the prosecution of cases they filed against the
beverage he has taken perpetrators
2. Intentional
- when a person deliberately drinks liquor fully knowing its effects, Social causes of prostitution such as:
either to obtain mitigation or to find the liquor as stimulant to - broken families
commit crime - anonymity of city life
3. Habitual - poverty and other
- when the person finds that drinking his a constant necessary and
the vice ultimately takes hold of him Types of Prostitutes on the Basis of Operation

VARIOUS DEGREE OF INTOXICATION CALL GIRLS

- These are the part-time prostitutes
1. Slight Inebriation - They have their own legitimate work or profession but works as a
– there is reddening of the face. There is no sign of mental prostitutes to supplement their income
impairment, in coordination and difficulty of speech. - Sometimes they are tellers, sales-ladies of department stores, waitresses,
2. Moderate Inebriation beauticians, or engage in similar jobs that they use to make contacts
– the person is argumentative and overconfident. There is with customers
slight impairment of mental difficulties, difficulty of - They receive telephone calls from a selected group of customers and
articulation, loss of coordination of finer movements. The make arrangements to meet them at a designated place
face is flushed with digested eyeball. He is reckless and - She may work alone or in partnership with an intermediary with whom
shows motor in coordination. The person maybe certified by she shares her earnings
the doctor as being under the influence of liquor. HUSTLER
3. Drunk - Is the professional type of prostitutes. She maybe a bar or tavern
- the mind is confused, behavior is irregular and the movement is “pick-up” or a “street walker”.
uncontrolled. The speech us thick and in coordinated. The - The bar or tavern “pick-up” frequents places where liquor is sold,
behavior is uncontrollable. sometimes operating with the consent and knowledge of the
4. Very drunk management.
- mind is confused and disoriented. There is difficulty in speech and - The streetwalker is the oldest and the most common type of
marked motor in coordination and often walking is impossible. prostitute.   
5. Coma - She may worked with taxi-drivers and commits prostitution in a taxi-
- the subject is stuperous or in comatose condition. Sometimes it is cab.
difficult to differentiate this condition with other conditions having - Her common customers are the tourists, gamblers, criminals, Addicts
coma and others.
- alcohol has its maximum period of absorption from 30 to 60 - Their operation is oftentimes associated with swindling their customers.
minutes after ingestion and it is absorbed in the stomach and in the DOOR KNOCKER
intestines. Technically, if alcohol is only inside the stomach and - this is the occasional or selective type of prostitute. She is usually a
intestine and not yet absorbed, it is practically outside of the body newcomer in the business.
because it cannot produce its physiologic and neurological effects. - Oftentimes, they are motivated by extreme desire for money due to
poverty or supporting their other vices.
PROSTITUTION - She makes contact thru information coming from the professional and
hustler who are friends who gives her addresses of prospective
Definition of Terms: customers. She frequents hotels and furnished fun houses.
1. Prostitution - It is an act or practice of a woman who engage or - She caters the affluent male members of the business world.
habitually  in sexual intercourse for money or profit. FACTORY GIRLS
2. Prostitute - A woman who engage in discriminate sexual intercourse or - Are the real professional type of prostitutes
acts with males for hire. - She works in regular houses of prostitution or brothels
3. Pimp - One who provides gratification for the lust of others. A male - She accepts all comers and has nothing to do with the selecting and
procurer of clients for a prostitute. soliciting the customers
4. Operator or Maintainer – one who owns or manages houses of ill-refute - She works in regular hours or tour of duty under the direct supervision
where the business of prostitution is conducted. Sometimes they are of the madam or operator of the prostitution house
called “madame or mama san”. - She gets her share of the earnings by commission or per customers
5. White Slavery -The procurement and transportation of women
across stateliness for immoral purposes. Types of Prostitution Houses
6. Organized Crime - Includes gambling, prostitution, dope (narcotics) and
other illegal or dubious businesses. DISORDERLY HOUSES
7. Whores/Knocker - It is a name often used for all types of prostitute. - Usually ridges several number of factory girls or professional
prostitutes and under the control of an organized crime ring

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 39
 - A “madam” or “maintainer” supervises the operation supported by a - strict enforcement of all legislation against prostitution and all
staff of teller (cashier), bell or room boys, register clerks, watchmen, other vices or activities connected with it
pimps and security guards known as bouncer - education of the public regarding sex, prostitution and venereal
- Their operation appears to be a legitimate business entity mostly diseases
under the protection of crooked policemen or law - adoption of medical measures and establishments of medical
enforcement authorities and their location is prominently known to facilities for the diagnostic and treatment of venereal diseases
all their customers - doption of codes of self-regulation and organization of community
- They have number of small rooms with the prostitutes staying there cooperation
at where they wait for customers - making it unlawful for both men and women to engaged in
- At times, the house provided with secret exits ready for escaping in prostitution
case of police raids - increase of penalties now applicable and existing to prostitution at
he persons who may be punishable in relation to the practice of
FURNISHED ROOM HOUSE prostitution
- Usually operated by an experienced “madam” who rent rooms to
legitimate roomers in order to maintain an appearance of Police Difficulties in Securing Information on Prostitution:
responsibility Purposely, the madam leaves several rooms not rented to 1. Patrons of houses of prostitution avoid any open contact with the
legitimate roomers for ready use of the prostitution police.
- These prostitutes are mostly the call girls who make the room their 2. Usually letters and complaints received by the police are unsigned
designated places in perpetrating their business and the caller unidentified or anonymous
- Their rent is on per customers basis or they maintain the rent 3. It is only by maximum effort through diligent work and
continuously but the prostitutes do not live there permanently but investigation on the part of the police       may rid of a community
elsewhere to maintain their anonymity and identity of this evil. (More often locations of these places of ill-fame will
- These houses could be found mostly in flashy subdivision or residential be discovered by diligent work and investigation on the part of the
areas police)

CALL HOUSES GAMBLING

- this is where the customers call and the madam makes the arrangement
and  sends the girls by a transporter who is a man or woman to the Gambling – it is a game or scheme the result of which depends wholly or
place arrangement. The house appears to be a legitimate business house chiefly upon chance or hazard
such as service agencies, travel offices, coffee shops, beauty parlors and Chance or Hazard – is the uncertainty of the result of the game or when the
the like duly licensed and registered as such with the government office. outcome of the game is incapable of calculation by human reason, foresight,
However, the telephone number is limited only to qualified customers as sagacity or design.
recommended by their pimps who conducts the background Lottery – it is a scheme for the distribution of prizes by chance among
investigation on the ability of the  prospective customers to pay persons who have paid or agreed to pay a valuable consideration for the
chance to obtain a prize.
“Maintainer” – is the person who sets up and furnishes the means with
MASSAGE CLINICS which to carry on the gambling game.
- these houses are operated under a licensed or permit issued by the Conductor – is the person who manages or carries the gambling game.
government but acts as a front for prostitution where the act maybe done Banker – is the person who keeps the money from which the winner is to be
or as per arrangement. They operate with barbershops with manicurists paid.
or “attendants” and “massagists” who while servicing their customers Totalizer – is a machine for registering and indicating the number and nature
may make contacts or the prostitutes or themselves of bets made on horse races.
- These prostitutes are sometimes the newcomers in  the business who do Wager – is the bet or consideration placed on gambling games.
not earn much as attendants or massagists Prize – is the inequal amount due to the winner.
Topada – the illegal cockfighting conducted on a day or at a cockpit not
Control and Prevention of Prostitution permitted by law.
The following schools of thought are the suggested methods of Gullible Person – person who easily deceived especially in crooked
control and prevention of the existence of prostitution: gambling.
PAGCOR (Philippine Amusement and Gambling Corporation) – office
THE SCHOOL OF REGULATORY CONTROL that controls/regulates gambling games like the casino.
- this method maintains the idea that we cannot do away with prostitution
unless we consider the problems and remove the causes of prostitution REQUISITES/ELEMENTS OF THE CRIME OF GAMBLING
- The scheme originated from the French System of controlling the - that money or other consideration of value is at stake
prostitutes under the direction of Napoleon Bonaparte in 1808 while he - that the result of the games depends wholly or chiefly upon chance
was trying to protect his soldiers from the vile of prostitute exists as or hazrd
well as the supply, the practice cannot be totally eliminated. Arrests, In cases of lottery, there must be:
detention and punishment of prostitutes would only drive them to - consideration;
clandestine Activities in places where they cannot be effectively - chance, and;
controlled and inspected - prize or the unequal amount due to the winner
- In view thereof, the following regulatory policy has been adopted to
provide the necessary protection for the society NOTE: Lottery becomes punishable only when the participants buys ticket
- segregation of brothels and soliciting to restricted districts only for purposes of participating in the lottery but not when the participation
- public licensing of houses of prostitution is only incidental to buying a certain good wherein the participation entitles
- registration of prostitutes to protect them from the exploitation of white the buyer an equal value of his money’s worth.
slave trade
- periodic medical examination of prostitutes and public health education LAWS RELEVANT TO GAMBLING
- legalization of the practice of prostitution under government supervision 1. PD 1602 - Prescribing Stiffer penalties on illegal gambling
and control to make it more realistic 2. PD 510 - Law on Slot Machines
- arrest of prostitutes be handled by non-police agencies but should be 3. PD 449 - Illegal Cockfighting
taken care by social workers and medical men 4. PD 483 - Game fixing in Sports Contest
- finally, the rehabilitation of prostitutes by providing them jobs and 5. PD 1306- Jai-Alai bookies
facilities to earn a decent living 6. RA 3063- Horse Racing Bookie
7. Art. 195-199 R.P.C.- Forms of Gambling and Betting
THE SCHOOL OF TOTAL REPRESSION
- this method believes that prostitution is both a crime and a
vice and therefore, should be repressed and totally prohibited
- it maintains that chastity and continence should be the rule of
conduct for everybody and to allow prostitution would be to
abet immorality and white slave trade
- as to licensing of prostitution, this school of thought argues
that it invites men to enjoy promiscuity free and easy and
without fear of the law
- while it accepts the fact that men may still indulge in
prostitution despite repression measures, but men would be
more cautious, apprehensive and afraid of reproach or arrest
from the decent members of the society

This is an American Plan on the control of prostitution which suggests

the following method of suppressing prostitution:

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 40
 CDI 6: FIRE TECHNOLOGY AND ARSON INVESTIGATION

FIRE
- a rapid, self-sustaining oxidation process accompanied by the
evolution of heat and light of varying intensity
- an active chemical reaction that takes place between fuel, heat and
oxygen in the form of light and noticeable heat
- a chemical reaction; the rapid oxidation of a fuel producing heat
and light
- an oxidation taking place with a rate rapid enough to produce heat
and light

TECHNOLOGY
- the branch of knowledge that deals with industrial arts and sciences
- the application of such knowledge that is used to produce the
material necessity of society

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
- anything that will burn when heated with sufficient oxygen

OXYGEN
- aids in combustion; comes from the atmosphere we breath; the
atmosphere contains: 21% oxygen, 78% nitrogen and 1%
impurities
HEAT
- source of ignition

TRIANGLE OF FIRE

iMIND Review Center – Crime Detection and Investigation for Oct CLE 2016 41
 For many years, the fire triangle (oxygen, fuel and heat) was taught When any combustible is in contact with oxygen,
as the components of fire. While this simple example is useful, it is NOT oxidation occurs. The reaction of this process results in the
technically correct. production of heat.
ex. Heat generated from burning match, self heating (spontaneous
TETRAHEDRON OF FIRE heating)
- a geometric representation of what is required for fire to exist,
namely, fuel, an oxidizing agent, heat, and an uninhibited chemical ELECTRICAL ENERGY
reaction - can generate temperature high enough to ignite any combustible
material near the heated area
FIRE TETRAHEDRON

- Oxygen (oxidizing agent) Examples:

- Fuel 1. over current or overload
- Heat 2. arcing
- Self-sustained chemical reaction 3. sparking
4. static
Each component of the tetrahedron must be in place for 5. lightning
combustion to occur. Remove one of the four components and
combustion will not occur. If ignition has already occurred, the fire NUCLEAR ENERGY
is extinguished when one of the components is removed from the - generated when atoms either split apart (fission) or combine
reaction. (fusion)
Ex.
OXYGEN (Oxidizing Agent) 1. fission heats water to drive steam turbines and produce
- a colorless, odorless gas and one of the compositions of air which electricity
is approximately 21% percent by volume 2. solar energy is a product of a fusion reaction
-
Oxygen sources: Oxygen requirements:
1. 21% of normal oxygen 1. 12% no fire MECHANICAL ENERGY
2. 78% nitrogen 2. 14% flash point - an energy created by friction and compression
3. 1% other gases 3. 21% fire point
1) Heat of friction - the movement of two surfaces against each
FUEL other, thus producing sparks
- the material or substance being oxidized or burned in the 2) Heat of compression - heat is generated when a gas is compressed
combustion process. in a container or cylinder

Fuel sources SELF-SUSTAINED CHEMICAL REACTION

1. Solid Combustion is a complex reaction that requires a fuel (in the
- molecules are closely packed together gaseous or vapor state), an oxidizer, and heat energy to come together in a
2. Liquid very specific way. Once flaming combustion or fire occurs, it can only
- molecules are loosely packed continue when enough heat energy is produced to cause the continued
3. Gas development of fuel vapors or gases. Scientists call this type of reaction a
- molecules are free to move “chain reaction”.
HEAT A chain reaction is a series of reactions that occur in sequence
- the energy component of the fire tetrahedron with the result of each individual reaction being added to the rest.
- when heat comes into contact with a fuel, the energy supports the
combustion reaction FIRE DEVELOPMENT
- heat energy is measured in units of Joules (J), however it can also
be measured in Calories (1 Calorie = 4.184 J) and BTU's (1 BTU = When the four components of the fire tetrahedron come together,
1055 J) ignition occurs. For a fire to grow beyond the first material ignited, heat must
be transmitted beyond the first material to additional fuel packages.
TEMPERATURE
- a measure of the degree of molecular activity of a material Stages of Fire
compared to a reference point - Ignition
- a measure of the degree of molecular activity of a material - Growth
compared to a reference point - Flashover
- measured in degrees Farenheit or degrees Celsius - Fully-developed
  - Decay
ºC ºF Response
37 98.6 Normal human oral/body IGNITION
temperature - describes the period when the four elements of the fire tetrahedron
44 111 Human skin begins to feel pain come together and combustion begins
48 118 Human skin receives a first degree
burn injury GROWTH
55 131 Human skin receives a second - shortly after ignition, a fire plume begins to form above the
degree burn injury burning fuel. As the plume develops, it begins to draw or entrain
62 140 A phase where burned human air from the surrounding space into the column.
tissue becomes numb
72 162 Human skin is instantly destroyed FLASHOVER
100 212 Water boils and produces steam - the transition between the growth and the fully developed fire
140 284 Glass transition temperature of stages and is not a specific event such as ignition. During
polycarbonate flashover, conditions in the compartment change very rapidly as
230 446 Melting temperature of the fire changes from one that is dominated by the burning of the
polycarbonate materials first ignited to one that involves all of the exposed
250 482 Charring of natural cotton begins combustible surfaces within the compartment.
300 572 Charring of modern protective
clothing fabrics begins FULLY-DEVELOPED
600 1112 Temperatures inside a post- - occurs when all combustible materials in the compartment are
flashover room fire involved in the fire
 
Types of Energy (common sources of heat) DECAY
1. Chemical Energy - as the fire consumes the available fuel in the compartment, the rate
2. Electrical Energy of heat released begins to decline.
3. Nuclear Energy
4. Mechanical Energy THREE (3) STAGES OF FIRE
1. Incipient phase
CHEMICAL ENERGY 2. Free burning phase
- the most common source of heat in combustion reactions 3. Smoldering

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1. INCIPIENT STAGE - the constant temperature at which the vapor pressure of
- initial stage of fire the liquid is equal to the atmospheric pressure
f. Ignition temperature
Characteristics - the minimum temperature to which the substance in the
- normal room temperature air must be heated in order to initiate or cause self-
- oxygen plentiful contained combustion without addition of heat from
- thermal updraft rise accumulates at higher point outside sources
- temperature at 1000 F g. Fire point
- Producing C02, CO, SO2, water and other gases - the temperature at which the material will give off
2. FREE BURNING PHASE ample vapors to keep burning
- a phase of burning in which materials or structures are h. Flash point
burning in the presence of adequate oxygen - the temperature at which the material is not hot enough
to keep burning, but still gives off enough vapors to
Characteristics cause a flame across the surface
- fire has involved more fuel
- oxygen supply has depleted 2. CHEMICAL PROPERTIES
- heat accumulates at upper area a. Endothermic reaction
- temperature exceeds 1,330 F - are changes whereby energy is absorbed or is added
- area is fully involved before the reaction takes place
b. Exothermic reaction
3. SMOLDERING PHASE - reactions or changes that releases or give off energy
- final phase of burning wherein flame ceases but dense c. Oxidation
smoke and heat completely fill the confined room - a chemical change in which combustible material and an
oxidizing material react
MODES OF HEAT TRANSFER d. Combustion or flame
- the manifestation of fire is in its gas-phased combustion;
Heat is by-product of combustion that is of significant importance matter that is produced by fire.
to the firefighter. It is heat that causes fire to sustain its combustion and, more
important, to extend. When heat given off as a product of combustion is Material Ignition Temperature
exposed to an unheated substance, certain changes occur that can make the F C
new substance a contributing factor in extending a fire. Gasoline 536 280
Kerosene 410 210
CONDUCTION Turpentine 488 253
- heat transfer within solids or between contacting solids Paper 842 450
Wood 489 254
When a hot object transfers its heat, conduction has taken place. Coal 750 400
The transfer could be to another object or to another portion of the same
object. As we have discovered and will be constantly reinforced about, CLASSIFICATIONS OF FIRE
combustion occurs on the molecular level. When an object heats up, the
atoms become agitated and begin to collide with one another. A chain I. BASED ON CAUSE
reaction of molecules and atoms, like wave energy, occurs and causes the a. Natural fire/ providential
agitated molecules to pass the heat energy to areas of non-heat. b. Accidental fire
c. Intentional Fire/Incendiary
CONVECTION d. Undetermined
- heat transfer by the movement of liquids or gasses
A. NATURAL FIRE
Air that is hotter than its surroundings rises. Air that is cooler than - involves fires without direct human intervention
its surroundings sinks. Air is made up of many molecules floating about Examples:
freely. Even so, it still has weight. Some molecules are made up of the same - Earthquake
element. For example, oxygen in its natural state will combine with another - Typhoon
oxygen atom to form a stable oxygen molecule. In a given volume, air at a - Lightning
given temperature will have the same density. When heated, as in conduction - Spontaneous combustion arising from the storage of
theory, the molecules become agitated and begin to collide with one another. combustible materials in poorly ventilated places
In the process, the molecules are demanding more space to accommodate the - Explosion from petroleum products, alcohol and other
vibrations and they push into one another as they seek that space. When that substances
happens, the density of a given volume is reduced and it weighs less. Because - Sun rays focused on glasses which may serve as a
it weighs less, it rises until it reaches equilibrium-the level at which the convex lens
weight is the same as the surrounding atmosphere.
B. ACCIDENTAL FIRE
RADIATION - Carelessly discarded cigarettes
- heat transfer by electromagnetic waves - Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
The last form of heat transfer occurs by radiation. As we have - Overheating, spark and electrical defects
already seen, heat energy can be transmitted directly when molecules collide - Overload electric circuits/ Octopus connections
with one another and cause the waves of heat energy to travel. - Children playing matches
- Use of candles
FLAME CONTACT
- heat may be conducted from one body to another by direct flame C. INCENDIARY FIRE
contact - is one deliberately set under circumstances in which the
person knows that the fire should not be set
PROPERTIES OF FIRE D. UNDETERMINED FIRE CAUSE
1. Physical properties - whenever the cause cannot be proven, the proper
2. Chemical Properties classification is undetermined
II. BASED ON BURNING FUEL
1. PHYSICAL PROPERTIES
a. Specific gravity CLASS A
- the ratio of the weight of a solid or substance to the - ordinary solid materials such as wood, paper, fabrics, etc.
weight of an equal volume of water - this will be indicated by deep cited fire, leaves ashes and embers
b. Vapor density (glowing coals) after burning
- the weight of volume of pure gas compared to weight of
a volume of dry air at the same temperature and pressure CLASS B
c. Vapor pressure - flammable liquids such as gasoline, lube oil, kerosene, paint
- the force exerted by the molecules on the surface of the thinner, etc.
liquid at the equilibrium
d. Temperature CLASS C
- the measure of the thermal degree of the agitation of - electrical appliances; causes electric shock
molecules of a given substance; the measure of the
molecular activity within the substance CLASS D
e. Boiling Point
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 - metal fire such as magnesium (white element burning with
dazzling light), sodium (a silver white metallic element), etc.; Purposes of ladders
creates violent reaction a. for rescue
b. to stretch line into a fire building
CLASS E c. to provide ventilation by giving access to places that are hard to reach
- flammable gases such as LPG, LNG, etc.; also creates violent
reaction Forms of ground ladders
a. Wall
Fire Classes in the United Kingdom and Europe b. Extension
A – ordinary combustibles c. Hook or straight ladder
B – flammable or flammable liquids d. Attic ladder
C – flammable gasses
D – combustible metals LADDER TERMINOLOGY
E – (this class is no longer existing in Europe) 1. Bed ladder - the lowest section of an extension ladder
F – cooking oils and fats 2. Fly ladder - the top section of an extension ladder
3. Butt - the bottom end of a ladder
Fire Classes in Australia and Asia 4. Heel - the part of the ladder that touches the ground
A – everyday combustibles 5. Halyard - a rope or cable used to raised the fly ladder
B – combustible or combustible liquids 6. Pawl or dog - the mechanism located at the end of the fly ladder
C – combustible gasses that locks to the bed ladder
D – combustible metals 7. Rung - the cross member of the ladder that is used for climbing
E – electrical equipment 8. Top or tip - it is the top part of the ladder
F – cooking fats and oils 9. Hooks - part of a ladder that is used to hook over a roof peak, sills,
or walls where the heel does not rest on a foundation. (roof type
Fire Classes in the U.S.A. (NFPA) ladders)
A – regular combustibles 10. Stops - made of metal or wood blocks used to prevent the fly of an
B – flammable liquids and gasses extension ladder from extending out further from the ladder
C – electrical appliances 11. Guides - light metal strips of an extension ladder that guides the fly
D – combustible metals ladder while it is being raised or lowered
K – cooking oils and fats
ARSON INVESTIGATIVE GUIDE AND PROCEDURES
FIRE EXTINGUISHMENT
ARSON
EXTINGUISHING AGENT - the willful and malicious burning of all kinds of buildings and
1. Class A – water (all agents) structures including personal properties
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water, soda acid and INVESTIGATION
foam) - an art that deals with the identity and location of the offender and
4. Class D – special powder provides evidence of his guilt in criminal proceedings
5. Class E – all agents
ELEMENTS OF ARSON
METHODS OF EXTINGUISHMENT 1. Actual burning took place
1. COOLING – heat absorption. 2. Actual burning is done with malicious intent
2. SEPARATION – the removal of the fuel. 3. The actual burning is done by person(s) legally and criminally
3. SMOTHERING – by expelling oxygen liable
4. Inhibition or the interruption of chemical chain reaction
LAW AND JURISPRUDENCE
Strategies Used in Firefighting: The law on arson in the Philippines is covered by Articles 320 to
1. Locate the fire 326 of the Revised Penal Code, as amended by PD No. 1613, PD No. 1744,
2. Confine the fire and Sec. 50 Rule VIII IRR of RA 6975 which provides that the Bureau of
3. Extinguish the fire Fire Protection (BFP) shall have the power to investigate all causes of fires
4. Exposures and, if necessary, file the proper complaint with the City/Provincial
prosecutor who has jurisdiction over arson cases.
Factors to Consider in Extinguishment:
1. Time LAWS ON ARSON
2. Weather (temperature, humidity, wind) 1. Article 320 – 326 of the Revised Penal Code
3. Fire ( ex. Extent, location, bldg construction, contents involved) - defines arson, its forms and penalties
4. Occupancy 2. PD 1613 – the law amending the law on arson
5. Ventilation (used for clearing the bldg of smoke and gases) - defining the prima facie evidence of arson
Types of Ventilation: 3. RA 7659
a. Vertical ventilation - must be worked from the top to bottom - An Act to Impose Death Penalty on Certain Heinous
b. Cross or horizontal ventilation - used if gases have not reached the Crimes, amending for that purpose the Revised Penal Code as
higher level through the opening of windows amended, other special laws, and for other purposes
c. Mechanical force ventilation - a method whereby a device such as 4. RA 6975 Sec. 54
smoke ejector is utilized to remove faster excessive heat and dense - provides that the Fire Bureau shall have the power to
smoke investigate all causes of fires and if necessary file the proper
complaint with the City/Provincial Prosecutor who has jurisdiction
Factors to determine the location for the opening: over the case
1. Location of intensity of fire
2. Highest point on the roof What Constitutes Arson?
3. Direction of wind 1. Burning
4. Existing exposure 2. Willfulness – means intentional and implies that the act was done
5. Extent of fire purposely and intentionally
6. Obstruction 3. Malice – denotes hatred or ill will or a desire for revenge;
deliberate intention of doing unjustified harm for the satisfaction of
ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE doing it
1. RESCUE - any action taken by the firefighters to remove 4. Motive – the moving cause which induces the commission of a
occupants/ persons from building/ hazards to a safety place crime; something that leads or influences a person to do something
2. OVERHAUL - a complete and detailed checked of the structures 5. Intent – the purpose or design with which the act is done and
and materials involved in the fire to make sure that every spark and involves the will; an essential element of crime, motive is not
ember has been extinguished and to have assurance against re-
ignition Why is arson very hard to investigate?
3. SALVAGE - an action taken by the firefighters in preventing
excessive damage by fire, water with the use of salvage cover or Arson is one of the most difficult offenses to investigate because
by removing materials out from the burning building the arsonist can be able to set a fire and escape undetected. The fire can
consume the scene and destroy much physical evidence of the offense.
Types of ladder Harder forms of evidence are often buried in debris and grossly altered in
1. Ground ladders (10 to 55 ft. long) appearance.
2. Aerial ladders
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 the building was secured prior to discovery of the fire, he can
What Constitutes Burning? reasonably suspect there is possibility that the person who sets the
 The mere fact that a building is scorched or discolored by heat is fire entered the building with a key. Doors and windows showing
not sufficient nor will bare intention or even an attempt to burn a signs of forced entry may point to arson preceded by burglary or
house amount to arson, if no part of it is burned. arson by someone without a key to the premises.
 Yet, if there is actual ignition of any part of the building, arson is
committed, although there be no flame or the fire immediately Motives in Arson
goes out of itself. Motive
 To burn means to consume by fire and in the case of arson, if the  Motive is the moving cause which induces a person to commit a
wood is blackened but no fibers are wasted, there is no burning, yet crime.
the wood need not be in flame or blaze, and the burning of any
part, however, small is sufficient to constitute arson, and if the Is Motive Necessary to be Proven in Criminal Proceedings?
house is charred in a single place so as to destroy the fibers of the  No. motive is not necessary to be proven in criminal proceedings
wood, it is sufficient to constitute arson. but once motive is shown, then intent can easily established.
 In the crime of arson, the distinction between motive and intent is
What is Attempted Arson? clearly defined. INTENT is a material element of arson while
 In attempted arson, it is not necessary that there be a fire before the motive is not. INTENT is the purpose of design with which the act
crime is committed. No hard and fast rule is laid down by the law is done and involves the will while MOTIVE is what induces the
as to the requirements for attempted arson. The peculiar facts and criminal.
circumstances of a particular case should carry more weight in the
decision of the case. Thus, a person intending to burn a wooden
structure, collects some rags, soaks them in gasoline and places Motive Can Be Established By:
them beside the wooden wall of the building. When he is about to I. Economic Gain
light a match to set fire to the rags, he is discovered by another A. Insurance fraud with the assured directly benefiting:
who chases him away. 1. Desire to move
– the premises may no longer be desirable because of the
 The crime committed is attempted arson, because the offender condition of the building, the fact that the quarters are
begins the commission of the crime directly by overacts (placing outgrown or because of the locality.
the rags soaked in gasoline beside the wooden wall of the building 2. Disposing of Merchandise
and lighting a match) but he does not perform all the acts of – the stocks on hand may have lost value by reason of the
execution (the setting of the fire to the rags) due to the timely seasonal nature of the business, obsolesce, scarcity of
intervention of another who chases away) the offender. materials necessary to complete the contracts, overstock
in the absence of expected order or a changing market.
What is Frustrated Arson? 3. Property Transaction
 In frustrated arson, the fact of having set fire to some rags and jute – the business itself may no longer be desirable because of
sacks soaked in kerosene oil and placed near the partition of the impending liquidation, settlement of an estate of which
entire soil of an inhabited house, should not be qualified as a it is a part, the need for cash, prospective failure, the
consummated arson, in as much as no part of the house had begun comparatively greater value of the land, or the
to burn, although fire would have started in the said partition had it comparatively greater value of the insurance benefits.
not been extinguished on time. The crime committed was B. Profit by the Perpetrator other than the assured:
frustrated arson. 1. Insurance agents wishing business
2. Insurance adjusters desiring to adjust a loss by securing
What is Consummated Arson? a contract
 The offender did in fact set fire to the roof of the house and said 3. Business competitors
house was partially burned. The crime was consummated arson, 4. Persons seeking jobs as protection personnel
notwithstanding the fact that the fire afterwards extinguished for 5. Salvagers
once it has been started, the consummation of the crime of arson 6. Contractors wishing to rebuild or wreck
does not depend upon the extent of the damage caused.
 Setting fire to the contents of a building constitutes the Concealment of Crime:
consummated crime of setting fire to a building even if no part of  the arsonists may set fire to a building in order to
the building was burned. conceal a projected or past crime. He may wish to divert
attention in order to loot the burning premises or steal in
Basis of Liability in Arson: other places. The burning may be for the purpose of
1. Kind and character of the building, whether of public or private destroying evidences.
ownership.
2. Its location, whether in an uninhabited place or in a populated Punitive Measure:
place. - An arsonists may use fire as a means of punishing another person
3. Extent of damage caused; and for reason of jealousy, hatred or revenge.
4. The fact of its being inhabited or not.

Some of the Arson Evidence that the Investigator should seek at the Fire Intimidation or Economic Disabling:
scene are the following: - The fire may be used as a weapon of the saboteurs, the strikers or
1. Unusually rapid spread of the fire. the racketeers to intimidate or to disable economically as a step
2. Where it originated? toward forcing submission to certain demands.
3. Separate fires – when two or more separate fires break-out within a
building, the fire is certainly suspicious. Pyromania
4. Unusual odors – the odor of gasoline, alcohol, kerosene and other – is the uncontrollable impulse of a person to burn anything without
inflammable liquids are indicated by their characteristics and motivation. Pyromaniacs usually do not run away from the scene
oftentimes, arsonists are trapped because of this tell tale signs. of the crime, usually alone and feel satisfied watching the flame
5. Objects that appear to be foreign to the scene such as cans, candles,
matches, explosives, electrical appliances such as irons, heating Types of Pyromaniacs:
elements, clocks, radios, flammables, trailers, etc. 1. Abnormal Youth – Epileptics, imbeciles and morons may set fire
6. Charring pattern may indicate fire characteristics. The fact that the without knowing the seriousness of the act.
fire feeds on combustible while propagating itself, indicates that 2. The Hero Type – a person may set fire on a building, subsequently
the char will generally be deepest from where the fire originates. pretends to discover it and turn in the alarm so that he will appear a
When a fire is extinguished quickly, the charring is only slightly hero to the public. A person may burn a building and endeavor to
below the surface. Fire burning for a longer period of time will achieve spectacular rescue in order to attract the attention of
indicate a char that is deep and pronounced. These facts are most spectators.
apparent in the charring of wood as a fire burns. The charring from 3. Alcoholics and Drug Addicts – persons who subject themselves to
fire on woods looks like the hide of a black alligator. Fire intense artificial stimulants such as narcotics sometimes develop a
extinguished quickly on wood will show a large alligatoring strong urge toward incendiaries.
pattern that has not penetrate the wood to any extent. Fire burning 4. Sexual Deviates – some sex perverts derive sexual stimulation
for a long period of time on wood will show small alligatoring from setting a fire and watching the flame. Frequently, he is
pattern but the char will go deep into the wood. The direction of chronic masturbator who stimulates and enhances his sexual
fire can also be taken into consideration with charring. The gratification by means of arson.
exposed side of combustible will have a deeper char than the
unexposed side. Public Disturbance
7. Evidence of forcible entry or lack of same may be important - an offender may resort to arson as a means of a public disturbance
depending on the circumstances at the time of the fire. If the because a fire attracts people and destruction causes confusion that
investigator determines there was no forcible entry and finds that gives rise to attendant problems that divert police attention.
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 Fire - The active principle of burning, characterized by the heat and light of
Vandalism combustion.
– is a general term denoting intentional burning to destroy properties.
Fire Trap - A building unsafe in case of fire because it will burn easily or
In determining motive, a fire investigator concentrates on three major because it lacks adequate exits or fire escapes.
factors:
1. Points of origin of the fire Fire Alarm - Any visual or audible signal produced by a device or system to
2. Modus operandi of the arsonist warm the occupants of the building or fire fighting elements of the presence
3. Identify of persons who might benefits from the fire. or danger of fire to enable them to undertake immediate action to save life
and property and to suppress the fire.
Incendiary Materials
- materials used to start a fire; combustible fuels Fire Door - A fire resistive door prescribed for openings in fire separation
1. Arson Chemicals (liquids) – are incendiary materials often used by walls or partitions.
arsonists as accelerants. Possess excellent properties. Examples:
alcohol, benzene, petroleum ether, gasoline, kerosene, naptha, Fire Hazard - Any condition or act which increases or may cause an increase
turpentine. in the probability of the occurrence of fire, or which may obstruct, delay,
2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, hinder or interfere with fire fighting operations and the safeguarding of life
propane, these are common gases resulting in fires from explosion. and property.
These when mix with air possess excellent in ignition properties
and when present in an enclosed area can lead to explosion. Fire Lane - The portion of a roadway or public way that should be kept
3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates, opened and unobstructed at all times for the expedient operation of fire
permanganates – are typical families of oxidizing agents which fighting units.
give off oxygen on decomposition thus aiding in combustion.
Fire Protective And Fire Safety Device - Any device intended for the
FIRE CODE OF THE PHILIPPINES protection of buildings or persons to include but not limited to built-in
protection system such as sprinklers and other automatic extinguishing
Republic Act No. 9514 system, detectors for heat, smoke and combustion products and other warning
- Approved on December 19, 2008 system components, personal protective equipment such as fire blankets,
- Repealed PD 1185 helmets, fire suits, gloves and other garments that may be put on or worn by
- known as the "Revised Fire Code of the Philippines of 2008". persons to protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls,
Definition of terms barriers, doors, windows, vents, means of egress, etc. integral to and
Abatement - Any act that would remove or neutralize a fire hazard. incorporated into a building or structure in order to minimize danger to life
from fire, smoke, fumes or panic before the building is evacuated. These
Administrator - Any person who acts as agent of the owner and manages the features are also designed to achieve, among others, safe and rapid
use of a building for him. evacuation of people through means of egress sealed from smoke or fire, the
confinement of fire or smoke in the room or floor of origin and delay their
Blasting Agent - Any material or mixture consisting of a fuel and oxidizer spread to other parts of the building by means of smoke sealed and fire
used to set off explosives. resistant doors, walls and floors. It shall also mean to include the treatment of
buildings components or contents with flame retardant chemicals.
Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive
compound produced by the reaction of nitric acid with a cellulose material. Flash Point - The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or
compound having cellulose nitrate (nitro cellulose) as base. Forcing -A process where a piece of metal is heated prior to changing its
shape or dimensions.
Combustible, Flammable or Inflammable - Descriptive of materials that are
easily set on fire. Fulminate - A kind of stable explosive compound which explodes by
Combustible Fiber - Any readily ignitable and free burning fiber such as percussion.
cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish
moss, excelsior and other similar materials commonly used in commerce. Hazardous Operation/Process - Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely to cause
Combustible Liquid - Any liquid having a flash point at or above 37.8_C fires or explosions.
(100_F).
Horizontal Exit - Passageway from one building to another or through or
Corrosive Liquid - Any liquid which causes fire when in contact with organic around a wall in approximately the same floor level.
matter or with certain chemicals. Hose Box - A box or cabinet where fire hoses, valves and other equipment are
stored and arranged for fire fighting.
Curtain Board - A vertical panel of non-combustible or fire resistive
materials attached to and extending below the bottom chord of the roof Hose Reel - A cylindrical device turning on an axis around which a fire hose
trusses, to divide the underside of the roof into separate compartments so that is wound and connected.
heat and smoke will be directed upwards to a roof vent.
Hypergolic Fuel - A rocket or liquid propellant which consists of
Cryogenic - Descriptive of any material which by its nature or as a result of combinations of fuels and oxidizers which ignite spontaneously on contact
its reaction with other elements produces a rapid drop in temperature of the with each other.
immediate surroundings. Industrial Baking And Drying - The industrial process of subjecting materials
to heat for the purpose of removing solvents or moisture from the same,
Damper - A normally open device installed inside an air duct system which and/or to fuse certain chemical salts to form a uniform glazing the surface of
automatically closes to restrict the passage of smoke or fire. materials being treated.

Distillation - The process of first raising the temperature in separate the more Jumper - A piece of metal or an electrical conductor used to bypass a safety
volatile from the less volatile parts and then cooling and condensing the device in an electrical system.
resulting vapor so as to produce a nearly purified substance.
Occupancy - The purpose for which a building or portion thereof is used or
Duct System - A continuous passageway for the transmission of air. intended to be used.

Dust - A finely powdered substance which, when mixed with air in the proper Occupant - Any person actually occupying and using a building or portions
proportion and ignited will cause an explosion. thereof by virtue of a lease contract with the owner or administrator or by
permission or sufferance of the latter.
Electrical Arc - An extremely hot luminous bridge formed by passage of an
electric current across a space between two conductors or terminals due to the Organic Peroxide - A strong oxidizing organic compound which releases
incandescence of the conducting vapor. oxygen readily. It causes fire when in contact with combustible materials
especially under conditions of high temperature.
Ember - A hot piece or lump that remains after a material has partially
burned, and is still oxidizing without the manifestation of flames. Overloading - The use of one or more electrical appliances or devices which
draw or consume electrical current beyond the designed capacity of the
Finishes - Materials used as final coating of a surface for ornamental or existing electrical system.
protective purposes.

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Owner - The person who holds the legal right of possession or title to a Before wires are cut, a photograph should be taken of the wires, and the both
building or real property. ends of the wire should be tagged and cut so that they can be identified as one
of the following:
Oxidizing Material - A material that readily yields oxygen in quantities a. The device or appliance to which it was attached or from which it
sufficient to stimulate or support combustion. was severed
b. The circuit breaker or fuse number or location to which the wire
Pressurized Or Forced Draft Burning Equipment - Type or burner where the was attached or from which it was severed
fuel is subjected to pressure prior to discharge into the combustion chamber c. The wire’s path or the route it took between the device and the
and/or which includes fans or other provisions for the introduction of air at circuit protector,
above normal atmosphere pressure into the same combustion chamber. electrical switches, receptacles, thermostats, relays, junction boxes,
electrical distribution panels, and similar equipment and
Public Assembly Building - Any building or structure where fifty (50) or components are often collected as physical evidence.
more people congregate, gather, or assemble for any purpose.
Prepared by:
Public Way - Any street, alley or other strip of land unobstructed from the
ground to the sky, deeded, dedicated or otherwise permanently appropriated Prof. Felino “Idol” Aguit Bragado
for public use. Prof. Virgilio A. Beringa, Jr., M.S. Justice
Pyrophoric - Descriptive of any substance that ignites spontaneously when Prof. Abelardo D. Sevilla, Ph. D.
exposed to air. Prof. Bryan T. Yang, M.S. Justice

Refining - A process where impurities and/or deleterious materials are

removed from a mixture in order to produce a pure element of compound. It
shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to confine

smoke and heat and delay the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate

impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed piping

installed in a building, structure or area with outlets arranged in a systematic
pattern which automatically discharges water when activated by heat or
combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire

hoses can be attached on each floor, including a system by which water is
made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors and the
interior parts of a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor
to floor, as well as from the base to the top of the building.

Collection of Liquid Samples for Accelerant Testing

Liquid accelerants may be collected with
a. New syringe
b. Siphoning device
c. Evidence container itself
d. Sterilize cotton balls or gauge pads may also be used to absorbed
the liquid

Where liquid accelerants are believed to have become trapped in porous

materials such as concrete floor:
a. Lime
b. Diatomaceous earth
c. flour

Collection of liquid evidence absorbed by solid materials including soils and

sand:
a. Scooping
b. Sawing
c. Scraping
d. Core drilling

Collecting of Solid samples for accelerant testing

Solid accelerant may be common household materials and compounds or
dangerous chemicals. When collecting solid accelerants:
a. The fire investigator must ensure that the solid accelerant is
maintained in physical state in which is found
b. Some incendiary materials remain Corrosive and Reactive
c. Ensure the corrosive nature of these residue does not attack the
packaging container

Collection of Gaseous samples

Method of Collection:
a. Use of commercially available mechanical sampling device
b. Utilization evacuated air sampling cans. These cans are
specifically designed for taking gaseous samples
c. Use of clean glass bottled filled with distilled water. Distilled
water use as it has had most of the impurities removed from it.
This method simply require the investigator poured the distilled
water out of its bottle in the atmosphere to be sampled. As distilled
water leaves the bottle it is replaced by the gaseous sample

Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipments and Components

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