CHAPTER 2 silent and to have competent and independent counsel,

preferably of his own choice, who shall at all times be allowed to

confer privately with the person arrested, detained or under
I. Rights of a Person Under Custodial Investigation and Other custodial investigation. If such person cannot afford the services
Essential Rights of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.
a. 1987 Philippine Constitution (Article III, Bill of Rights)
Section 1 (c) The custodial investigation report shall be reduced to writing
No person shall be deprived of life, liberty, or property without by the investigating officer, provided that before such report is
due process of law, nor shall any person be denied the equal signed, or thumb marked if the person arrested or detained does
protection of the laws. not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel
Section 2 provided by the investigating officer in the language or dialect
The right of the people to be secured in their persons, houses, known to such arrested or detained person, otherwise, such
papers, and effects against unreasonable searches and seizures of investigation report shall be null and void and of no effect
whatever nature and for any purpose shall be inviolable, and no whatsoever.
search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after (d) Any extrajudicial confession made by a person arrested,
examination under oath or affirmation of the complainant and the detained or under custodial investigation shall be in writing and
witnesses he may produce, and particularly describing the place signed by such person in the presence of his counsel or in the
to be searched and the persons or things to be seized. latter's absence, upon a valid waiver, and in the presence of any
of the parents, elder brothers and sisters, his spouse, the
Section 3 municipal mayor, the municipal judge, district school supervisor,
The privacy of communication and correspondence shall be or priest or minister of the gospel as chosen by him; otherwise,
inviolable except upon lawful order of the court, or when public such extrajudicial confession shall be inadmissible as evidence in
safety or order requires otherwise as prescribed by law. any proceeding.
Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding. (e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or under
Section 11 custodial investigation, shall be in writing and signed by such
Free access to the courts and quasi-judicial bodies and adequate person in the presence of his counsel; otherwise the waiver shall
legal assistance shall not be denied to any person by reason of be null and void and of no effect.
poverty.
(f) Any person arrested or detained or under custodial
Section 12 investigation shall be allowed visits by or conferences with any
Any person under investigation for the commission of an offense member of his immediate family, or any medical doctor or priest
shall have the right to be informed of his right to remain silent and or religious minister chosen by him or by any member of his
to have competent and independent counsel preferably of his immediate family or by his counsel, or by any national non-
own choice. If the person cannot afford the services of counsel, governmental organization duly accredited by the Commission on
he must be provided with one. These rights cannot be waived Human Rights of by any international non-governmental
except in writing and in the presence of counsel. organization duly accredited by the Office of the President. The
No torture, force, violence, threat, intimidation, or any other person's "immediate family" shall include his or her spouse, fiancé
means which vitiate the free will shall be used against him. Secret or fiancée, parent or child, brother or sister, grandparent or
detention places, solitary, incommunicado, or other similar forms grandchild, uncle or aunt, nephew or niece, and guardian or ward.
of detention are prohibited.
Any confession or admission obtained in violation of this or As used in this Act, "custodial investigation" shall include the
Section 17 hereof shall be inadmissible in evidence against him. practice of issuing an "invitation" to a person who is investigated
The law shall provide for penal and civil sanctions for violations of in connection with an offense he is suspected to have committed,
this section as well as compensation to and rehabilitation of without prejudice to the liability of the "inviting" officer for any
victims of torture or similar practices, and their families. violation of law.

Section 14 Section 3. Assisting Counsel. – Assisting counsel is any lawyer,

No person shall be held to answer for a criminal offense without except those directly affected by the case, those charged with
due process of law. conducting preliminary investigation or those charged with the
In all criminal prosecutions, the accused shall be presumed prosecution of crimes.
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and The assisting counsel other than the government lawyers shall be
cause of the accusation against him, to have a speedy, impartial, entitled to the following fees;
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and (a) The amount of One hundred fifty pesos (P150.00) if the
the production of evidence in his behalf. However, after suspected person is chargeable with light felonies;
arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his (b) The amount of Two hundred fifty pesos (P250.00) if the
failure to appear is unjustifiable. suspected person is chargeable with less grave or grave felonies;

Section 17 (c) The amount of Three hundred fifty pesos (P350.00) if the
No person shall be compelled to be a witness against himself. suspected person is chargeable with a capital offense.

Republic Act No. 7438 The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is conducted,
An Act Defining Certain Rights of Person Arrested, Detained or provided that if the municipality of city cannot pay such fee, the
Under Custodial Investigation as Well as the Duties of the province comprising such municipality or city shall pay the fee:
Arresting, Detaining and Investigating Officers, and Providing Provided, That the Municipal or City Treasurer must certify that
Penalties for Violations Thereof no funds are available to pay the fees of assisting counsel before
the province pays said fees.
Section 1. Statement of Policy. – It is the policy of the Senate to
value the dignity of every human being and guarantee full respect In the absence of any lawyer, no custodial investigation shall be
for human rights. conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article
Section 2. Rights of Persons Arrested, Detained or Under Custodial 125 of the Revised Penal Code.
Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation Section 4. Penalty Clause. – (a) Any arresting public officer or
shall at all times be assisted by counsel. employee, or any investigating officer, who fails to inform any
person arrested, detained or under custodial investigation of his
(b) Any public officer or employee, or anyone acting under his right to remain silent and to have competent and independent
order or his place, who arrests, detains or investigates any person counsel preferably of his own choice, shall suffer a fine of Six
for the commission of an offense shall inform the latter, in a thousand pesos (P6, 000.00) or a penalty of imprisonment of not
language known to and understood by him, of his rights to remain less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be offense or is pursued immediately after its commission or after an
imposed upon the investigating officer who has been previously escape, or flees or forcibly resists before the officer has
convicted of a similar offense. opportunity to inform him, or when the giving of such information
will imperil the arrest.
The same penalties shall be imposed upon a public officer or
employee, or anyone acting upon orders of such investigating When lawful warrantless arrest is merited
officer or in his place, who fails to provide a competent and 1. When, in the law enforcer’s presence, the person to be
independent counsel to a person arrested, detained or under arrested has committed, is actually committing, or is attempting to
custodial investigation for the commission of an offense if the commit an offense.
latter cannot afford the services of his own counsel. 2. When an offense has in fact just been committed, and the
officer has personal knowledge of facts indicating that the person
(b) Any person who obstructs, prevents or prohibits any lawyer, to be arrested has committed it.
any member of the immediate family of a person arrested, 3. When the person to be arrested is a prisoner who has escaped
detained or under custodial investigation, or any medical doctor from a penal establishment or place where he is serving final
or priest or religious minister chosen by him or by any member of judgment or temporarily confined while his case is pending, or has
his immediate family or by his counsel, from visiting and escaped while being transferred from one confinement to
conferring privately with him, or from examining and treating him, another.
or from ministering to his spiritual needs, at any hour of the day 4. If a person lawfully arrested escapes or is rescued, any person
or, in urgent cases, of the night shall suffer the penalty of may immediately pursue or retake him without a warrant at any
imprisonment of not less than four (4) years nor more than six (6) time and in any place within the Philippines.
years, and a fine of four thousand pesos (P4,000.00). 5. When the arrest is made by a bondsman for the purpose of
surrendering the accused.
The provisions of the above Section notwithstanding, any security 6. Where the accused released on bail attempts to leave the
officer with custodial responsibility over any detainee or prisoner country without court permission.
may undertake such reasonable measures as may be necessary to 7. Violation of conditional pardon, punishable under Article 159
secure his safety and prevent his escape. of the Revised Penal Code as a case of evasion of service of
sentence.
Section 5. Repealing Clause. – Republic Act No. No. 857, as 8. Arrest following a Deportation Proceeding by the Immigration
amended, is hereby repealed. Other laws, presidential decrees, Commissioner against illegal and undesirable alien
executive orders or rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or “Hot Pursuit” Arrest
modified accordingly. A hot pursuit arrest must have the following elements: a) that an
offense has been committed, b) offense has just been committed,
Section 6. Effectivity. – This Act shall take effect fifteen (15) days and c) that there is probable cause based on personal knowledge
following its publication in the Official Gazette or in any daily of facts or circumstances that the persons to be arrested where
newspapers of general circulation in the Philippines. the ones who committed it.

Approved: April 27, 1992. Arrest as result of a “Buy-Bust” Operation

A “buy-bust” operation is a form of entrapment which has been
II. Admissibility of evidence (Rule 128 of the Rules of Court) repeatedly accepted to be valid means of arresting violators of
Dangerous Drugs Law. It is a means of catching a malefactor in
Section 1. Evidence defined. — Evidence is the means, sanctioned flagrante the delicto. The police officers conducting the operation
by these rules, of ascertaining in a judicial proceeding the truth are not only authorized but duty-bound to apprehend the violator
respecting a matter of fact. (1) and to search him for anything that may have been part of or used
in the commission of the crime. (PP vs. Salazar, Jan. 27, 1997)
Section 2. Scope. — The rules of evidence shall be the same in all
courts and in all trials and hearings, except as otherwise provided How to effect arrest
by law or these rules. (2a) In general, an arrest is made by an actual restraint of the person
to be arrested, or by his submission to the custody of the person
Section 3. Admissibility of evidence. — Evidence is admissible making the arrest.
when it is relevant to the issue and is not excluded by the law of No violence or unnecessary force shall be used in making an
these rules. (3a) arrest, and the person arrested shall not be subjected to any
greater restraint than is necessary for his detention. (Sec. 2, Rule
Section 4. Relevancy; collateral matters. — Evidence must have 113 of Rules of Court)
such a relation to the fact in issue as to induce belief in its
existence or non-existence. Evidence on collateral matters shall a. Making the Arrest.
not be allowed, except when it tends in any reasonable degree to 1. Use good judgment in connection with the arrest.
establish the probability or improbability of the fact in issue. (4a) 2. Assume that the subject is armed and will take your life if
given an opportunity.

b. Arrest on the Street.

CHAPTER 3 1. This should be made from the side or rear of the person to be
arrested when possible.
2. Subject should be forced toward a building.
I. ARREST 3. Avoid congested areas when possible.
Arrest is the taking of a person into custody so he can answer for
the commission of an offense. c. Arrest at Home, Office or Business Establishment.
1. Restrict the subject’s movement. Do not grant request for
Who are exempted from Arrest? personal privileges before being searched.
1. President of the Philippines 2. Clothing and other things requested should be examined for
2. Senators or members of the House of Representatives, while weapons or items of evidence before turning them over to the
Congress is in session, in all offenses punishable by not more subject.
than six (6) years imprisonment.
3. Diplomatic officials and their domestics. Summoning assistance for arrest
Any officer making a lawful arrest may verbally summon as many
Methods of Arrest as he deems necessary to aid him in making the arrest. Every
1. With warrant of arrest – The officer shall inform the person to person so summoned shall aid him in the making of such arrest
be arrested of the cause of the arrest and of the fact that a when he can render such aid without detriment to himself (Sec
warrant has been issued for his arrest, except when he flees or 10, ibid).
forcibly resists before the officer has opportunity to inform him or
when the giving of such information will imperil the arrest. The
officer need not have the warrant in his possession at the time of Procedures when arrest is made
the arrest but after the arrest, if the person arrested so requires, a. Secure the person arrested (handcuff at the back)
the warrants shall be shown to him as soon as practicable. 1. Conduct thorough search for weapons and other illegal
materials;
2. Without warrant of arrest – The officer shall inform the person 2. Inform the arrested person of his rights as provided for in the
to be arrested of his authority and the cause of his arrest, unless Constitution;
the person to be arrested is then engaged in the commission of an
b. Use reasonable force in making arrest. This right shall be exercised by any relative of the person arrested
1. Confiscated evidence shall be properly documented; to reasonable regulation (Sec. 14, Rule 113)
2. Bring the arrested person to the Government Accredited Executive Order No. 155, dated March 1987, amending Republic
Hospital for Medical Examination. Act No. 857, penalizes any public officer who deprives a person of
3. Bring the arrested person to the Police Station for his right to counsel. The penalty shall be prison correctional or
documentation imprisonment of 6 months and 1 day to 6 years.
RA 857 has been repealed by RA 7438. The penalty is now a fine of
Arrest of minors (RA 9344, Juvenile Justice Act of 2005) P/ 6,000.00 or a penalty of imprisonment of not less than 8 years
If it has been determined that the child taken into custody is but not more than 10 years, or both. The penalty of perpetual
fifteen (15) years old or below, the authority which will have an absolute disqualification shall be imposed upon the investigating
initial contact with the child has the duty to immediately release officer who has been previously convicted of a similar offense.
the child to the custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative. Said authority shall Custodial investigation
give notice to the local social welfare and development officer. If a. It is the skillful questioning of a suspect or a hostile witness to
the parents, guardians or nearest relatives cannot be located, or if divulge information on the crime being investigated.
they refused to take custody, the child may be released to any of b. It must be remembered, however, that police investigators
the following: cannot learn proper investigation merely by reading books. The
a. Duly registered non-governmental or religious organization; success of the investigation depends on its legality, topic, physical
b. A barangay official or a member of the Barangay council for insight and experience.
the Protection of Children (BCPC);
c. A local social welfare and development officer;
d. DSWD Duties of arresting officer (Extracted from POP)
a. It shall be the duty of the officer executing the warrant to
Detention and bodily search of a minor arrest the accused and deliver him without delay to the nearest
A child in conflict with the law shall only be searched by a law police station or jail for the recording of the fact of the arrest of
enforcement officer of the same gender and shall not be locked the accused.
up in a detention cell. However, if detention is necessary, the b. At the time of the arrest, with or without warrant, it shall be
arresting officer shall ensure that the child shall be secured in the duty of the arresting officer to inform the person to be
quarters separate from that of the opposite sex and adult arrested of the cause of the arrest and the fact that a warrant has
offenders. been issued for his arrest (Section 7, Rule 113 Revised Rules on
Procedure) and in case of arrest without a warrant, it shall be the
Use of handcuffs and other instruments of restraint of force or duty of the arresting officer to inform the person to be arrested of
restraint his authority and the cause of the arrest (Section 8, Rule 113
Unless absolutely necessary and only after all other methods of Revised Rules of Criminal Procedure), in the dialect or language
control have been exhausted and have failed shall handcuffs or known to him, except when he flees or forcibly resists before the
other instruments of restrain be used. (Sec. 21, e). officer has the opportunity to so inform him or when the giving of
Apprehending officers shall avoid displaying or using any firearm, such information will imperil the arrest. The officer need not have
weapon, handcuffs or other instrument. the warrant in his possession at the time of the arrest but after
The taking of statement of the child shall be conducted in the the arrest, if the person arrested so requires, the warrant shall be
presence of the following: shown to him as soon as practicable.
a. child’s counsel of choice or in the absence thereof, a lawyer 1. The person arrested, with or without warrant, shall be
from the Public Attorney’s Office; informed of his constitutional right to remain silent and that any
b. the child’s parents, guardian, or nearest relative, as the case statement he might make could be used against him. He shall
maybe be; and have the right to communicate with his lawyer or his immediate
c. the local social welfare and development officer (Sec. 22) family. It shall be the responsibility of the arresting officer to see
to it that this is accomplished.
Points to consider in making an arrest 2. A person arrested without a warrant shall be immediately
a. Use of “Reasonable Force”: brought to the proper police station for investigation without
The force to be used must be one that is only necessary to unnecessary delay, and within the time prescribed in Article 125
overcome any actual resistance to the arrest (PP vs. Delima, 46 of the Revised Penal Code, as amended (i.e., 12, 18, or 36 hours,
Phil 738). In U.S. vs Mojica, 42 Phil 784, the Supreme Court ruled as the case may be), shall be subjected to inquest proceedings
that a police officer, in the performance of his duty, must stand under Section 7, Rule 112 of the 2000 Rules of Criminal
his ground and cannot, like a private individual, take refuge in Procedure.
flight, his duty requires him to overcome his opponent. The force 3. No torture, force, violence, threat, intimidation, or any other
which he may exert therefore differ somewhat from that which means which vitiate the free will shall be used against an arrested
may ordinarily be offered in self-defense. A police officer is not person. The bringing of arrested persons to secret detention
required to afford a person attacking him the opportunity for a places, solitary confinement (incommunicado) or other forms of
fair and equal struggle. detention is prohibited.
4. If the person arrested without a warrant waives his right under
b. Arrest of Suspects on board a Moving Vehicle; the provisions of Art 125 of the Revised Penal Code the arresting
In general, vehicles carrying suspected persons may not be fired officer shall ensure he shall sign a waiver of detention in the
upon solely to disable the car. The driver or other occupant of a presence of his counsel of choice.
moving vehicle may be fired upon only if the police has probable If the person arrested waives his right against self-incrimination
cause to believe that the suspects pose an imminent danger of and opts to give his statement, the arresting officer shall ensure
death to the police or other persons, and the use of firearm does that the waiver shall be made in writing and signed by the person
not create a danger to the public that outweighs the like benefits arrested in the presence of counsel of his own choice or a
of its use. (Rule 8, POP) competent and independent counsel provided by the
government.
c. Rights of the Accused under Custodial Investigation 5. When transporting the suspect/s to the police station, be sure
1. Any person under investigation for the commission of an that no weapon/s are retained in their persons that could be used
offense shall have the right to be informed of his right to remain against the arresting officer, regardless if the person arrested is a
silent and to have competent and independent counsel preferably noted criminal or not. It is also a must that the arrested person/s
of his own choice. If the person cannot afford the services of be handcuffed to prevent violence.
counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel. Booking procedures of the arrested person/suspect
2. No torture, force, violence, threat, intimidation, or any other a. The arrested suspect shall be subjected to booking procedure.
means which vitiate the free will shall be used against him. Secret He shall likewise be fingerprinted, photograph and tested for
detention places, solitary, incommunicado, or other similar forms possible use of prohibited drugs
of detention are prohibited. b. A person under arrest who refuses to be fingerprinted may be
3. Any confession or admission obtained in violation of this or prosecuted for disobedience to an agent of person in authority, as
Section 17 hereof shall be inadmissible in evidence against him. defined and penalized by Article 151 of the RPC.
AUTHORITY: Opinion No. 204 series -1939 by the Secretary of
Right of attorney of relative to visit person arrested Justice JOSE ABAD SANTOS
Any member of the bar shall, at the request of the person c. Inform the arrested person of his rights as provided for in the
arrested or of another on his behalf, have the right to visit and Constitution.
confer privately with such person, in jail or any other place of d. Prepare spot report, sworn statement/s of arresting officers
custody at any hour of the day or, in urgent cases, of the night. and witnesses, other supporting documents, and processing of
evidences.
 Jurisdictional Investigation. The police unit which has jurisdiction
Medical examination of arrested person / suspect over the area of the armed confrontation, together with the SOCO
Immediately after the arrest of a person ordered arrested by the team, if any, shall immediately undertake the necessary
court, or of a suspect under investigation, he should be subjected investigation and processing of the scene of the encounter (Rule
to a medical examination. Prior to his release or any change of 10, PNP Operational Procedures).
custody, the suspect should also be medically examined by a Don’ts in Raid
medico-legal officer or, in the absence of such medico-legal a. Don’t take unnecessary chances.
officer, by any government physician in the area. b. Don’t underestimate the ability or courage of the subject(s).
c. Don’t raid when not properly prepared.
Mugshots and fingerprints d. Don’t endanger the lives of bystanders.
Arresting units shall at all times take the mugshots and e. Don’t use police personnel who are not well-acquainted with
fingerprints of all arrested persons. Copies thereof shall be each other.
submitted to the PNP Crime Laboratory Service to serve as master f. Don’t forget gas masks when employing teargas.
file. g. Don’t be unnecessarily violent on the subject(s).
h. Don’t shoot unless very imperative.
Reports on arrested persons i. Don’t touch the evidence unless seen by witnesses, or by the
All arrests made shall be immediately reported to the C, PNP; owner or occupant of the place.
ATTN: DO, DIDM; PACER/AIDSOTF (in case of kidnapping /drugs).
III. SEARCH
Accomplishment of National Crime Reporting System (NCRS) Search is an examination of an individual’s person, house papers
Operating units concerned shall accomplish regularly the NCRS or effects, or other buildings and premises to discover contraband
and all agencies concerned shall be provided with copies thereof. or some evidence of guilt to be used in the prosecution of a
criminal action.
II. RAID
a. Every member of a law enforcement organization must know What is a Search Warrant?
the technique of conducting a raid. A search warrant is an order in writing issued in the name of the
b. Raids are usually made after careful investigation and when People of the Philippines, signed by a judge and directed to a
other methods of accomplishing the mission are not suitable. peace officer, commanding him to search for personal property
c. Whenever available, men experienced in conducting police described therein and to bring it before the court. (Sec 1, Rule
raids should be chosen as raid commanders. 126)

A raid is a surprise invasion of a building or area. Requisites for filing an application for Search Warrant:
Legal basis. A raid must be legal, having its basis in lawful process All applications for Search Warrant shall be personally endorsed
and conducted in a legal manner. This will be in the form of a by the Heads of the Agency for the search of places and the things
search warrant or warrant of arrest. The raid may be in pursuit of to be seized to be particularly described therein. The application
a person reasonably believed to be guilty of felony and when it is shall be recorded in a log book. The application shall likewise
known that the felony has just been committed. indicate the following data:
a. Office applying for the Search Warrant;
Objectives b. Name of officer-applicant;
The purpose of a raid is usually to: c. Name of the Subject, if known;
a. Effect an apprehension; d. Address/place(s) to be searched;
b. Obtain evidence of illegal activity by surprising the offenders in e. Specific statement of things/articles to be seized;
flagrante delicto; or f. Sketch of the place to be searched.
c. Recover stolen property.
A search warrant shall be issued only upon probable cause
Coordination with the Local Station Commander (personal knowledge of facts and not mere hearsay) in connection
It is imperative that immediately before the service of a search with one specific offense to be determined personally by the
warrant, the team leader should see to it that proper coordination judge. The facts must be sufficient to establish the need for the
is made with the commander of local police station having issuance of the warrant.
jurisdiction over the target premises. The coordinating party will
inform the local station that their team is conducting an operation Where to file Search Warrant
in their area. This gesture of coordination is not only a An application for search warrant shall be filed with any court
manifestation of courtesy but also a safety measure to avoid the within whose territorial jurisdiction a crime was committed; or for
possibility of a mistake encounter. compelling reason stated in the application, with any court within
the judicial region where the crime was committed if the place of
Basic requirement in the conduct of raid the commission of the crime is known, or any court within the
Generally, all police operations (arrest, raid, search and seizure, judicial region where the warrant shall be enforced. If the criminal
checkpoint, etc) shall be conducted: action has been filed, the application shall only be made in the
a. With a marked police vehicle; court where the criminal action is pending (Sec. 2, Rule 126 Rules
b. Preferably led by a Commissioned Officer; of Court).
c. With personnel in proper police uniform (Rule 3, PNP
Operational Procedures) Requirements and other significant features in a Search Warrant
a. Probable Cause Required for Search Warrant. Probable cause
Exception to this rule is when using a marked police vehicle means that sufficient facts must be presented to the judge issuing
will jeopardize the safety of the raiding team and will greatly the warrant to convince him that circumstances sufficiently
affect the success of the operation. establish the need for the issuance of the warrant.
b. May Things Illegally Seized be Admitted as Evidence? The
Use of reasonable force fruits of an illegal search are inadmissible as evidence. Any
The use of force shall be avoided. However, when during the evidence obtained in violation of the right of the people against
conduct of the raid an armed confrontation took place due to unlawful searches and seizure shall be inadmissible for any
unavoidable circumstances, the police may use reasonable force purpose in any proceeding. [Sec 3(2), Art. III, 1987 Constitution.]
to overcome the threat posed by the suspect. The use of firearm c. May Articles Not Mentioned in the Searched Warrant be
is justifiable only by virtue of the Doctrines of Self-defense, seized? Generally, articles not included in the search warrant may
Defense of Relative, and Defense of Stranger, and if the police has not be seized. However, articles prohibited by a statute, although
probable cause to believe (based on facts) that the suspect poses not included in the search warrant, may be seized. Thus, if during
an imminent danger of death or serious physical injury to the the progress of a bonafide search for other commodities illegally
police or other persons. possessed, whether with search warrant or not, contraband or
The officer-in-charge must ensure that no innocent civilian is items declared as illegal perse are discovered, the contraband can
caught in the crossfire (Rule 6 and 7 supra). be seized. The seizure of goods, the possession of which is
Things to be done after a raid where an armed confrontation forbidden by statute, violates no constitutional right of the
ensued. The officer-in-charge shall: accused.
a. Secure the sight of the confrontation;
b. Check whether the situation still poses imminent danger; Procedures in the Implementation of a Search Warrant
c. Evacuate the wounded to the nearest hospital; How to Serve a Search Warrant. A search warrant must be served
d. Account for the killed, wounded and arrested persons for within ten (10) days from its date (thereafter, it shall be void) Sec
proper disposition (Rule 9, ibid) 9, Rule 126) in the following manner:
PNP Criminal Investigation Manual 2011
a. The police officer concerned must go to the place indicated in g. Search incidental to a lawful arrest. A person lawfully arrested
the search warrant and take the things described therein, in the may be searched for dangerous weapons or anything which may
presence of at least one competent witness who is a resident of be used as proof of the commission of an offense, without a
the neighborhood. If he is refused admittance to the place of search warrant. (Sec 12, Rule 126) It should be noted that the
search after giving notice of his purpose and authority, he may arrest must precede the search. The search is limited to body
force himself in to execute the warrant; and if he is detained search and to that point within reach or control of the person
therein, he may force himself out to liberate himself. (Sec 6, ibid) arrested, or that which may furnish him with the means of
b. The search must be made at daytime, unless otherwise stated. committing violence or of escaping or reach for evidence to
(Sec. 8, ibid) destroy it (PP vs. Lua, 70 SCAD 446)
h. Search of Vessels – Search of vessels and aircraft because of
No search of a house, room, or any other premises shall be made their mobility and the relative ease in fleeing the state‟s
except in the presence of the lawful occupant thereof or any jurisdiction (Roldan vs Arca, 65 SCRA 336).
member of his family or in the absence of the latter, two (2) i. Exigent Circumstances – Justice Reynato Puno proposed this
witnesses of sufficient age and discretion residing in the same exception as a catch-all category that would encompass a number
locality. (Sec. 8, Rule 126) of diverse situations where some kind of emergency makes
obtaining a search warrant impractical, useless, dangerous or
c. The officer seizing the property must issue a detailed receipt unnecessary ( PP vs. Fernandez, 57 SCAD 481)
for the same to the lawful occupant of the premises in whose j. Things prohibited by law which were illegally searched and
presence the search and seizure were made, or in the absence of seized does not call for their return to the owner. (Uy Kheytin vs.
such occupant, must in the presence of at least two (2) witnesses Villareal, 42 Phil 886).
of sufficient age and discretion residing in the same place, leave a
receipt in the place in which he found the seized property. (Sec. IV. SEIZURE
11, Rule 126) Seizure – is the confiscation of personal property by virtue of a
1. In compliance with this procedure, it has been standard search warrant issued for the purpose. A search warrant may be
practice to issue a RECEIPT FOR PROPERTY SEIZED (See Apendix issued for the search and seizure of the following personal
“A”) after a seizure. The receipt is signed by the seizing officer properties:
only and two witnesses. A Recent Supreme Court decision, a. Subject of the offense;
however, declared that such receipt when signed by the accused b. Stolen or embezzled and other proceeds, or fruits of the
is in effect an extrajudicial confession of the commission of the offense; or
offense charge. (People v de las Marinas, G.R. No. 87215, 30 Apr c. Used or intended to be used as the means of committing an
91; and People v Mauyao, G.R. No. 84525, 6 Apr 92). offense.
Consequently, if the accused does not sign such receipt, it may
still be used in evidence. Moreover, if the accused DID in fact sign Items to be Seized
the receipt, but he signed it with the assistance of a lawyer of his A search warrant may be issued for the search and seizure of the
choice, that act would constitute a valid waiver of his right against following personal property:
self-incrimination. a. Property subject of the offense;
2. It must be noted that in the cases cited above, the crime b. Property stolen or embezzled and other or fruits of the
charged is possession of prohibited drugs. Thus, the signature of offense; and
an accused on the receipt is a declaration against interest and a c. Property used or intended to be used for committing an
tacit admission of the crime charged, as mere unexplained offense. (Sec 2, ibid)
possession of prohibited drugs is punishable. The doctrine is
therefore not a hard and fast rule as far as the “Receipt for Disposition of Seized Items
Property Seized” is concerned. If the crime charged is possession The following will be seized at the scene of the raid:
of unlicensed firearms, for example, the doctrine would apply. In a. Weapons which may be used against the raiding party.
other cases, it does not apply. b. Articles which might be used as a means of suicide.
3. Another document which is made after a search is a c. Articles which might be used in escaping.
CERTIFICATION OF PROPERTY SEIZED (See Appendix “B”). This is d. Articles which might be used in the commission of the crime.
signed by the owner of the seized property, and would seem to e. Proceeds or fruits of the crime (stolen property).
fall more under the court pronouncement above than the
“Receipt for Property Seized” does. Disposition of money and other valuable property
a. Money should be counted and the serial numbers of the bills
d. As much as possible, during the opening of safes, drawers, noted;
cabinets, tables, etc., the lifting of the articles should be done by b. Valuables should be sealed in a property envelope in the
the owner of the house or his authorized representative, or by presence of the owner;
immediate members of his family, to preclude any suspicion of c. Property envelope should show a complete inventory of its
theft or planting of evidence. contents;
e. Thereafter, the officer must immediately deliver the things or d. The owner should initial the outside of the envelope showing
property seized to the judge who issued the warrant, together approval of its contents;
with an inventory duly verified under oath. (Sec 11, ibid.) e. Raiding officers should sign their names on the outer part of
f. Things or personal properties not specifically indicated or the envelope; and
particularly described in the search warrant shall not be taken; f. A receipt should be given to the suspect. However, this is
g. Court approval necessary to Retain Seized Property. Approval qualified by the decision of the Supreme Court declaring as
by the court which issued the search warrant is necessary for the inadmissible in evidence the Receipt for Property Seized, signed
retention of the property seized by the police officers; and only by the accused, in cases where mere possession of the items
then will their custody of the court to be allowed. Absent such seized is punishable.
approval, the police officers have no authority to retain
possession …and more so, to deliver the property to another Disposition of articles not covered in a search warrant
agency…(Vide Tambasen v. PP, 246 SCRA 184) a. If the articles are illicit or contraband, the same must be
seized.
Lawful Warrantless Searches and Seizures b. Such articles may be used as evidence to prosecute the
Warrantless searches and seizures are lawful under any of the person.
following circumstances: c. Non-contraband articles must be returned to the owners or
a. When there is consent or waiver. To be valid waiver, the right must not be seized in the first place.
must exist, the owner must be aware of such right, and he must
have an intention to relinquish it. V. INQUEST
b. When evidence to be seized is in “plain view.” The discovery Inquest is an informal and summary investigation conducted by a
of the evidence must be inadvertent or unintentional. public prosecutor in criminal cases involving persons arrested and
c. Customs search or searches made at airports/seaports in order detained without the benefit of a warrant of arrest issued by the
to collect duties. This warrantless search is allowed due to court for the purpose of determining whether or not said persons
urgency. should remain under custody and correspondingly be charged in
d. Search of moving vehicles may be made without a warrant court.
because it would be impracticable to secure a warrant before The provisions of this section were lifted from the text of
engaging in “hot pursuit.” (Bagista 214 SCRA 63) Department of Justice Circular No. 61 entitled New Rules On
e. Routine searches made at or in the interest of national Inquest, which refers to the duties and responsibilities of the
security, such as border checks or checkpoints. prosecutor and not of the PNP personnel. Though some of the
f. Stop-and-search or stop-and-frisk, where the search precedes provisions are necessary for our information, other provisions
the arrest, and is allowed on grounds of reasonable suspicion. were reworded to harmonize with the intent of the manual. The
purpose of the investigation manual is to guide police personnel
on what is his/her role or sanctions in case of failure to do so. It the Inquest Officer shall order the release of the detained person
does not cover those sanctions in cases of neglect or irregularity in and, where the inquest is conducted outside of office hours, direct
the performance of their duties since it has no jurisdiction over the law enforcement agency concerned to file the case with the
them. City or Provincial Prosecutor for appropriate action.

Inquest Prosecutor b. Presence of detained person – the presence of the detained

PNP units shall coordinate with the City or Provincial Prosecutors person who is under custody shall be ensured during the
to ensure efficient inquest proceedings. It shall secure updated proceedings.
list of Prosecutors who are detailed as duty inquest with their
names and schedule of assignments. If there is only one However, the production of the detained person before the
Prosecutor in the area, all inquest cases shall be referred to him Inquest Officer may be dispensed with in the following cases:
for appropriate action.
1. if he is confined in a hospital;
Commencement and Termination of Inquest 2. if he is detained in a place under maximum security;
The inquest proceedings shall commence upon receipt by the 3. if production of the detained person will involve security risks;
Inquest Officer from the law enforcement authorities of the or
complaint/referral documents which should include: 4. if the presence of the detained person is not feasible by
a. the affidavit of arrest; reason of age, health, sex and other similar factors.
b. the investigation report;
c. the statement of the complainant and witnesses; and The absence of the detained person by reason of any of the
d. other supporting evidence gathered by the police in the course foregoing factors shall be noted by the Inquest Officer and
of the latter’s investigation of the criminal incident involving the reflected in the record of the case.
arrested or detained person.
e. the Inquest Officer shall, as far as practicable, cause the c. Charges and counter-charges - All charges and counter-charges
affidavit of arrest and statement/affidavit of the complainant and arising from the same incident shall, as far as practicable, be
the witnesses to be subscribed and sworn to before him by the consolidated and inquested jointly to avoid contradictory or
arresting officer and the affiants. inconsistent disposition.
f. the inquest proceedings must be terminated within the period
prescribed under the provisions of Article 125 of the Revised d. Duty of Inquest Officer - The Inquest Officer shall first
Penal Code, as amended. determine if the arrest of the detained person was made in
accordance with paragraphs (a) and (b) of Section 5, Rule 13 of
Inquest Procedure the 1985 Rules on Criminal Procedure, as amended, which provide
Documents required in specific cases – The investigator-on-case that arrest without a warrant may be affected:
shall prepare the following documents for 1. When, in the presence of the arresting officer, the person to
submission/presentation to the inquest Prosecutor, to wit: be arrested has committed, is actually committing, or is
1. Murder, Homicide and Parricide attempting to commit an offense; or
a) certified true copy/machine copy of the certificate of death of 2. When an offense has in fact just been committed and the
the victim; and arresting officers have personal knowledge of facts indicating that
b) Necropsy report and the certificated of post-mortem the person to be arrested has committed it.
examination, if readily available. 3. For the purpose, the Inquest Officer may summarily examine
2. Frustrated or Attempted Homicide, Murder, Parricide and the arresting officers on the circumstances surrounding the arrest
Physical Injuries of apprehension of the detained person.
a) medical certificate of the complaining witness showing the
nature or extent of the injury; e. Where arrest not properly effected - Should the Inquest
b) certification or statement as to duration of the treatment or Officer find that the arrest was not made in accordance with the
medical attendance; and Rules, he shall:
c) certificate or statement as to duration of incapacity for work. 1. recommend the release of the person arrested or detained;
3. Violation of the Dangerous Law (R.A 9165, as amended) 2. note down the disposition on the referral document;
a) Refer to Rule II Section 13 of the PNP Manual on AntiIllegal 3. prepare a brief memorandum indicating the reasons for the
Drugs Operation and Investigation of CY 2010. action taken; and
4. Rape, Seduction and Forcible Abduction with Rape. 4. forward the same, together with the record of the case, to the
b) the medico-legal report (living case report), if the victim City or Provincial Prosecutor for appropriate action.
submitted herself for medical or physical examination.
5. Violation of the Anti-Carnapping Law (R.A. No. 6539) Where the recommendation for the release of the detained
c) machine copy of the certificate of motor vehicle registration; person is approved by the City or Provincial Prosecutor but the
d) machine copy of the current official receipt of payment of the evidence on hand warrants the conduct of a regular preliminary
registration fees of the subject motor vehicle; and investigation, the order of release shall be served on the officer
e) other evidence of ownership. having custody of said detainee and shall direct the said officer to
6. Violation of the Anti-Cattle Rustling Law (PD No. 533) serve upon the detainee the subpoena or notice of preliminary
a) machine copy of the cattle certificate for registration; and investigation, together with the copies of the charge sheet or
b) photograph of the cattle, if readily available. complaint, affidavits or sworn statements of the complainant and
7. Violation of Illegal Gambling Law (PD No. 9287) his witnesses and other supporting evidence.
a) gambling paraphernalia; and
b) cash money, if any. f. Where arrest is properly effected - Should the Inquest Officer
8. Illegal Possession of Explosives (R.A No. 8294 as amended) find that the arrest was properly effected, the detained person
a) chemistry report duly signed by the forensic chemist; and shall be asked if he desires to avail himself of a preliminary
b) photograph of the explosives, if readily available investigation and, if he does, he shall be made to execute a waiver
9. Violation of the Fisheries Law (PD No. 704) of the provisions of Article 125 of the Revised Penal Code, as
a) photograph of the confiscated fish, if readily available; and amended, with the assistance of a lawyer and, in case of
b) certification of the Bureau of Fisheries and Aquatic Resources. nonavailability of a lawyer, a responsible person of his choice.
10. Violation of the Forestry Law (PD No. 705) The preliminary investigation may be conducted by the Inquest
a) scale sheets containing the volume and species of the forest Officer himself or by any other Assistant Prosecutor to whom the
products confiscated, number of pieces and other important case may be assigned by the City or Provincial Prosecutor, which
details such as estimated value of the products confiscated; investigation shall be terminated within fifteen (15) days from
b) certification of Department of Environment and Natural inception.
Resources/ Bureau of Forest Management; and
c) seizure receipt. g. Inquest proper - Where the detained person does not opt for a
preliminary investigation or otherwise refuses to execute the
The submission of the foregoing documents shall not be required waiver, the Inquest Officer shall proceed with the
absolutely required if there are other forms of evidence submitted inquest by examining the sworn statements/affidavits of the
which will sufficiently establish the facts sought to be proved by complainant and the witnesses and other supporting evidence
the foregoing documents. submitted to him.

a. Incomplete documents. – When the documents presented are If necessary, the Inquest Officer shall require the presence of the
not complete to establish probable cause, the Inquest Officer shall complaining witnesses and subject them to an informal and
direct the law enforcement agency to submit the required summary investigation or examination for purposes of
evidence within the prescribed period under the provision of determining the existence of probable cause.
Article 125 of the Revised Penal Code, as amended. Otherwise,
h. Meaning of Probable Cause - Probable cause exists when the 1. The said articles must be properly deposited with the police
evidence submitted to the Inquest Officer engenders a well- evidence custodian and not with the police investigator.
founded belief that a crime has been committed and that the 2. Inquest Officer shall ensure that the items recovered are duly
arrested or detained person is probable guilty thereof. safe guarded and the chain of custody is properly recorded.
1. Presence of Probable Cause - If the Inquest Officer finds that
probable cause exists; he shall forthwith prepare the l. Release of recovered articles - The Inquest Officer shall, with
corresponding complaint/ information with the recommendation the prior approval of the City or Provincial Prosecutor or his duly
that the same be filed in court. The complaint/information shall authorized representative, order the release of recovered articles
indicate the offense committed and the amount of bail to their lawful owner or possessor, subject to the conditions that
recommended, if available. 1. there is a written request for their release;
2. the person requesting the release of said articles is shown to
Thereafter, the record of the case, together with the prepared be the lawful owner or possessor thereof;
complaint/information, shall be forwarded to the City of 3. the requesting party undertakes under oath to produce said
Provincial Prosecutor for appropriate action. articles before the court when so required;
4. the requesting party, if he is material witness to the case,
The complain/information may be filed by the Inquest Officer affirms or reaffirms his statement concerning the case and
himself or by any other Assistant Prosecutor to whom the case undertakes under oath to appear and testify before the court
may be assigned by the City or Provincial Prosecutor. when so required;
5. the said articles are not the instruments, or tools in the
2. Contents of Information - The information shall, among others commission of the offense charged nor the proceeds thereof; and
contain: 6. photographs of said articles are first taken and duly certified to
a) certification by the filing Prosecutor that he is filing the same by the police evidence custodian as accurately representing the
in accordance with the provisions of Section 7, Rule 112, Rules on evidence in his custody.
Criminal Procedure, in cases cognizable by the Regional Trial
Court; VI. REGULAR OR DIRECT FILING OF CASE
b) the full name and aliases, if any, and address of the accused; Regular Filing is the process of filing a complaint or information
c) the place where the accused is actually detained; with the court or office of the prosecutor under the following
d) the full names and addresses of the complainant and circumstances:
witnesses;
e) a detailed description of the recovered items, if any; a. for the offenses where a preliminary investigation is required
f) the full name and address of the evidence custodian; ( where penalty imposed is at least four ( 4 ) years, two ( 2 )
g) the age and date of birth of the complainant or the accused, if months and one ( 1 ) day without regard to the fine), by filing the
eighteen (18) years of age or below; and complaint with the proper officer for the purpose of conducting
h) the full names and addresses of the parents, custodians or the requisite preliminary investigation.
guardians of the minor complainant or accused, as the case may
be. b. For all other offenses, by filing the complaint of information
directly with the Municipal Trial Courts and Municipal Circuit Trial
3. Absence of Probable Cause - If the Inquest Officer finds no Courts, or the complaint with the office of the prosecutor. In
probable cause, he shall: Manila and other chartered cities, the complaints shall be filed
a) recommend the release of the arrested or detained person; with the Office of the Prosecutor unless otherwise provided in
b) note down his disposition on the referral document; their charters.
c) prepare a brief memorandum indicating the reasons for the
action taken; and When accused lawfully arrested without warrant. - When a person
d) forthwith forward the record of the case to the City Provincial is lawfully arrested without warrant involving an offense which
Prosecutor for appropriate action. requires a preliminary investigation, the complaint or information
may be filed by a prosecutor without need of such investigation
If the recommendation of the Inquest Officer for the release of provided an inquest has been conducted in accordance with
the arrested or detained person is approved, the order of release existing rules. In the absence or unavailability of an inquest
shall be served on the officer having custody of the said detainee. prosecutor, the complaint may be filed by the offended party or a
peace officer directly with the proper court on the basis of the
Should the City on Provincial Prosecutor disapprove the affidavit of the offended party or arresting officer or person.
recommendation of release, the arrested or detained person shall
remain under custody, and the corresponding
complaint/information shall be filed by the City or Provincial
Prosecutor or by any Assistant Prosecutor to whom the case may
be assigned. CHAPTER 4

i. Presence at crime scene - Whenever a dead body is found and Introduction

there is reason to believe that the death resulted from foul play or “There is strength in numbers” and “The More, the Merrier”.
from the unlawful acts or omissions of other persons and such These are only some of the fundamental truths associated with
fact has been brought to his attention, the Inquest Officer shall: the trend of organized crimes anywhere in the world. By
1. forthwith proceed to the crime scene or place of discovery of organizing, the underworld elements benefit from more resource-
the dead person; and base, greater number of membership, more firepower, more
2. cause an immediate autopsy to be conducted by the notoriety and better access to technology used for criminal
appropriate medico-legal officer in the locality or the PNP medico- purposes. Terrorism is the offshoot of lack of strong and powerful
legal division or the NBI medico-legal office, as the case may be; army of combatants, or component elements to carry out
3. direct the police investigator to cause the taking of missions and ideology. Terrorism is the weapon of the weak
photographs of the crime scene or place of discovery of the dead against the more powerful and stronger military force or political
body; power.
4. supervise the investigation to be conducted by the police Despite their destructive implications in society, culture and
authorities as well as the recovery of all articles and pieces of environment, both organized crime groups (OCGs) and terrorist
evidence found thereat and see to it that the same are organizations are prosecuted only on the criminal elements of
safeguarded and the chain of the custody thereof properly their offenses and no special penal provision for the heinous
recorded; and aspect of their acts. Hence, whenever police actions are wanting
5. submit a written report of his findings to the City or Provincial for the purpose of delivering social justice to the victims, the more
Prosecutor for appropriate action. they become notorious and fearsome; the more the public loses
trust and confidence to the law enforcement bodies.
j. Sandigan cases - Should any complaint cognizable by the The process of revising the investigation manual of the PNP is a
Sandiganbayan be referred to an Inquest Officer for investigation, welcome and most appropriate development. This paves way for
the latter shall, after conducting the corresponding inquest the updating of the systems and procedures, rules and regulations
proceeding, forthwith forward the complete record to the City or governing the conduct of investigation and other related police
Provincial Prosecutor for appropriate action. operations, so that current developments on the ground are put
into consideration and recognized towards the solution of cases
k. Recovered articles - The Inquest Officer shall see to it that all committed by OCGs and terrorist groups.
articles recovered by the police at the time of the arrest or The PNP, for one, is faced with demands and challenges in terms
apprehension of the detained person are physically inventoried, of technology, innovation, and new modus operandi employed by
checked and accounted for with the issuance of corresponding OCGs and local terrorists in the commission of their crime. We
receipts by the police officer/investigator concerned. have to be knowledgeable not only about the current technology
but also the laws and technical aspects of job performance to 1. Anti-Colonial Terrorism - Known in modern bureaucratic
address and keep abreast with the level of modernity employed language as asymmetric Warfare used by the European colonies
by the OCGs and terrorists. as a tactic, targeting colonial administrators, foreign Nationals,
and Nations sympathetic to the colonial powers.
Criminal Charges and Penal Provisions for Acts of Terrorism - Anti-colonial rebels used terrorism to make foreign occupants
Prior to the enactment of Republic Act 9372, otherwise known as too costly for colonial powers.
the Human Security Act, crimes constituting terrorism had been 2. Civil Disorder – A form of collective violence interfering with
penalized only for violations under the Revised Penal Code and/or the peace, security, and normal functioning of the community.
special laws to include, among others, arson, hijacking, 3. Political Terrorism – Violent criminal behavior designed
kidnapping, murder, and rebellion. With the passage of the above primarily to generate fear in the community, or substantial
law, the circumstances constituting the crime of terrorism have segment of it, for political purposes.
been unequivocally defined giving emphasis to the effect 4. Non-Political Terrorism – Terrorism that is not aimed
generated on the populace. at political purposes but which exhibits “conscious design to
create and maintain a high degree of fear for coercive purposes,
TERRORISM but the end is individual or collective gain rather than the
Terrorism is the systematic use of violence to create a general achievement of a political objective.”
climate of fear in a population and thereby to bring about a 5. Quasi-Terrorism – The activities incidental to the commission
particular political of crimes of violence that are similar in form and method to
objective. (https://www.britannica.com/topic/terrorism) genuine terrorism but which nevertheless lack its essential
Terror - comes from a Latin terrere meaning "to frighten" ingredient. It is not the main purpose of the quasi-terrorists to
Paul Pillar a former deputy chief of the CIA’s Counterterrorist induce terror in the immediate victim as in the case of genuine
Center, argued that there are four (4) key elements of terrorism: terrorism, but the quasi-terrorist uses the modalities and
a. Terrorism is premeditated – planned in advance, rather than techniques of the genuine terrorist and produces similar
an impulsive act of rage consequences and reaction. For example, the fleeing felon who
b. It is Political – not criminal, like the violence that group such as takes hostages is a quasi-terrorist, whose methods are similar to
the Mafia use to get money, but designed to change the existing those of the genuine terrorist but whose purposes are quite
political order. different.
c. It is aimed at civilians – not at military targets or combat-ready 6. Limited Political Terrorism – Genuine political terrorism is
troops. characterized by a revolutionary approach; limited political
d. It is carried out by sub-national groups – not by the army of terrorism refers to “acts of terrorism which are committed
the country for ideological or political motives but which are not part of a
ROOT CAUSES OF TERRORISM: concerted campaign to capture control of the state.
POLITICAL IDEOLOGY 7. Official Or State Terrorism –"referring to nations whose rule is
Ideology – Body of ideas reflecting the social needs and based upon fear and oppression that reach similar to terrorism or
aspirations of an individual, or group, a class or a culture such proportions.” It may also be referred to as Structural
Terrorism as a Political Instrument Common Characteristic of Terrorism:
History is replete with events related to terrorism with an end 1. Promote fear and the objective is mainly publicity
in view of promoting an ideology and to grab power from 2. Highly mobile and their small group means security efficiency
incumbent government. Way back from time immemorial the 3. Can create mass destruction
legitimacy of government depends on the power exercised by the 4. Do undercover operations
incumbent who took power whatever means.
Political terrorism Aims of political Terrorist
It is a violent criminal behavior designed primarily to generate · influence, discredit or destroy present system
fear in the community, or substantial segment of it, for political · To break down social structures
purposes. · Foster insecurity and fear
Political Terrorism identifies three forms of terrorism: (Paul · show the government incapable of protecting its citizens
Wilkinson) · force the government to overreact to use excessive
1. Criminal – Terrorist simply engage in all types of crime since measures or force
they recognize no law. · create a ripe climate to revolution
2. Political – The state repression, ideological revolutionary
activities or Nationalistic Revolutions. Modus operandi of Terrorist
a) State Repression – Refers to a government using terror to · Operate in small bands
keep- citizen in line · Carry light automatic FA’s, explosive, ammos and
b) Ideological Revolutionary Terrorism – Focuses on violence to communication equipment
change a political system · Mask their activities with the populace
c) Nationalistic Terrorism – emphasize the ethnic structure of · Team includes security and assault elements
government over its ideological underpinnings. · Leaders serve as negotiators
3. State Sponsored – Both Nationalistic and revolutionary · Watch out for counterintelligence measures
terrorism can be sponsored by the state, as its arms in a · Hostages are separated to prevent communications, etc.
surreptitious manner or a statute to promote its personal ends.
Three Groups of terrorist Sequence of Terrorist actions
National Terrorist – Used to define almost all illegal acts of Pre-incident phase - reconnaissance mission
violence committed for political purpose by clandestine groups. - Rehearsal
Transnational Terrorist – Terrorist who operates across national - Communicate through intermediaries or message drop
boarders, whose actions and political aspirations may affect
individual of more than one nationality. Initiation Phase - It is the point of no return, it is the event that
International Terrorist – Terrorist who are controlled by, and marks the beginning of the operation, it is marked by movement
whose actions represent the national interest of sovereign state. to their target covertly
- Use false names, IDs, passports
ORGANIZATIONAL STRUCTURE: - Use separate routes and
1. LEADERS – All other terrorist group’s boast of leadership in - Weapons placed in separate location
some form or another, leaders are often paranoid and fanatical
and yet have a legitimate front, behind which they operate Negotiation or Climax Phase
consistently. -Use negotiation to gain publicity
2. ACTIVE CADRES –They are the doers, the men in action with -Negotiation usually reaches the highest level of government
carry out orders. They are normally organized into small active - Initiate more terror if government failed to give demand
service units or cells, each specialization in one particular tactic,
each containing an expert in every field. Atypical active support Post-Incident Phase – It is the time when the terrorist regroup and
cadre may consist of four to six bombers or arsonists or assassins, engage in self-criticism. The criticism will provide valuable input
with few active cadres, secrecy is easy to maintain. for the pre-incident phases of subsequent operations.
3. ACTIVE SUPPORTERS – They are the group who provides the
logistic needs to sustain terrorist operation. Common Tactics of terrorist:
4. PASSIVE SUPPORTERS – They are the most difficult elements to Whatever tactics, the terrorist may employ, they are certainly
define and recognize. They consist of people who are sympathetic simple to carry out, dynamic in their effects, hit-and-run by
to the cause of the terrorist, but often will not stand up and refuse nature, and designed for the impact on the public rather than the
to be counted for fear of getting involved. victim.
DIFFERENT TYPES OF TERRORISM
a. Bombing – Tactic common to most terror groups because bomb ü Presidential Decree No. 1613 (The Law on Arson);
is cheap to produce, easy to make and is difficult to detect and ü Republic Act No. 6969 (Toxic Substances and Hazardous and
trace after the event. Nuclear Waste Control Act of 1990);
b. Hoaxes – If their credibility is established, they use well made ü Republic Act No. 5207, (Atomic Energy Regulatory and Liability
hoax bombs to continue to disrupt and to keep the security forces Act of 1968);
guessing for a long time. ü Republic Act No. 6235 (Anti-Hijacking Law);
c. Arson – Has been used to destroy and disrupt such targets at ü Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
public utilities, political headquarters, and more commonly Robbery Law of 1974); and,
economic and industrial targets such as: shops, factories, hotels, ü Presidential Decree No. 1866, as amended (Decree Codifying
shopping malls. A method of starting a fire is with time-delay the Laws on Illegal and Unlawful Possession, Manufacture, Dealing
incendiary device often carried in a cigarette packet or cassette in, Acquisition or Disposition of Firearms, Ammunitions or
tape container. They are easy to conceal and are always difficult Explosives)
to detect. thereby sowing and creating a condition of widespread and
d. Hijacking – Hijacking and skyjacking were very much an event in extraordinary fear and panic among the populace, in order to
the 1960’s and 1970’s. Favorite tactics of terrorist in any terrorist coerce the government to give in to an unlawful demand shall be
activity, the hijacking of vehicles can and should be associated guilty of the crime of terrorism and shall suffer the penalty of forty
with atrocity. Additionally, hijacking legitimate vehicles give (40) years of imprisonment, without the benefit of parole as
terrorists a better means to approach a closed government provided for under Act No. 4103, otherwise known as the
facility. Indeterminate Sentence Law, as amended
e. Ambush – Terrorist can choose his own time and place of ü The New People’s Army (NPA), Alex Boncayao Brigade (ABB),
operation and if his intended victim continually uses the same Pentagon Gang, Abu Sayyaf, Al-Qaeda Foundation (Philippines),
route, the terrorist can conduct countless rehearsals and before Moro Islamic Liberation Front has been included on the list of
actually moving in for the kill. international terrorist organizations.
f. Kidnapping – Not all ambushes and kidnapping are designed to
kill the principal but it did acted out when extreme precision and TRANSNATIONAL CRIME
with definite goals in mind by two separate, dedicated terrorist Definition:
groups (ex. Abu Sayaf group and the ISLAMIC Liberation Font. An activity that is considered a criminal offense by at least two
g. Assassination – Oldest of all terrorist tactics and still it is widely countries. (Bossard)
used today. Targets are often predictable and assassinations are Offenses whose inception, prevention and/or indirect effects
invariably claimed by the terrorists themselves who create against involved more than one country. (United Nation)
government officials, corporate executives, and police and Unavoidable and unnecessary harm to a society, which is serious
security officials among others. enough to warrant state intervention and similar to other kinds of
h. Hostage-Taking – Hostage-takers will confront authorities and acts immortalized by the countries concerned or by International
openly hold his victim for ransom, the hostage-takers demands Law, and where offenders or victims find themselves in-operated
are often material in nature. Political concessions are frequently through-different jurisdictions. (Passas)
demanded in exchange for the lives of hostages. Nature of Transnational Crimes
Transnational crimes are not limited to drug trafficking,
Modes of Attacks of Terrorists human smuggling, terrorism, piracy, and cybercrimes, but to all
• The basic tactics are: (1) rolling, in which the terrorists drive a act inimical to the welfare of states/countries especially if
vehicle by in what amounts to a hit-and-run maneuver; perpetrated by no less than by foreigners: example environmental
(2)ambush, which is a standard platoon-level military maneuver crimes like mining, importations, and exportations of waste and
drawing the enemy into a line of fire; (3) standoff, which is a back- others.
against-the-wall maneuver, usually with an escape plan; and the MODERN TYPES OF TRANSNATIONAL CRIMES
advanced tactics are (4) boutique, which usually involve a Terrorism
combination of modes of attack, but are intended primarily to Illicit Trafficking (Plunder of Antiquities)
have a large impact; Antiquities – Cultural assets of a certain country which portrays or
symbolizes the traditions of such country. These are invaluable
The Government's Three- tiered (level) Defense System Against treasures that cannot be transferred or taken out from the owner
Terrorism country.
a. Target Hardening – this is envisioned through education, Computer Crimes
information dissemination and in- depth study of the criminals Environmental Crimes – Means any action that causes
modus operandi through data gathering. It is also includes the environmental harm outside its country of its origin, whether
activation of an information network with use of computer or not victims or some other entity have been given legal standing
internet to punish wrongdoers or seek redress of damage.
b. Intelligence – involve the gathering, processing in use of Drug Trafficking as Transnational Crime
intelligence information International drug control system started on 1909 by the Shanghai
c. Incident Management – crimes, especially those that affect Opium Conference; which form the International Opium
national security, are effectively manage in order to lessen their Convention, called the drug control treaty signed at The Hague in
effects to the community and see to it that as much as possible, 1912. This treaty was further developed under the auspices of the
they will not happen again. League of Nations which continues to further drafted the drug
TERRORISM in the PHILIPPINES control conventions of:
Memorandum Order No. 121 dated October 31, 2000, provides · 1912 – International Opium Convention which expands its
and defines measures and guidelines on how to effectively scope to the control of heroin and cocaine.
address terrorism particularly hostage-taking situations. However, · 1925 – Second Opium convention which established a
all aviation-related incidents shall be covered by existing laws and system of important certificates and export authorizations and
procedures under the National Action Committee on Anti- extended the scope of control to cannabis.
Hijacking and Terrorism (NACAHT), and this Memorandum shall · 1931 – Convention for limiting the manufacture and
be supplementary thereto. To further ensure the effectiveness of regulating the distribution of narcotics drugs which introduce s
the government’s drive against terrorism, the government issued compulsory estimates system and provided controls for the
Executive Order Nr 336 on 5 January 2001, reconstituting the manufacture of drugs
National Action Committee on Anti-Hijacking and Anti-Terrorism · 1936 – Convention for the suppression of the illicit traffic in
to National Council for Civil Aviation Security (NCCAS). The dangerous drugs, which called for the punishment of drug
reconstituted NCCAS was established primarily to contain threats traffickers.
of aviation-related terrorism and to strengthen the law Trafficking in Human Beings and Smuggling of Immigrants
enforcement capabilities in order to effectively address all forms The two Protocols of the U.N. Conventions against Transnational
of terrorist acts against civil aviations. Organized Crime from 1990 to 2000
RA 9372 – known as the “Human Security Act of 2007” 1st – the protocol to prevent, suppress and punish trafficking in
Act of Terrorism as: Sec. 3 Terrorism – Any person who commits persons, especially women and children
an act punishable under any of the following provisions of the 2nd – the protocol against the smuggling of migrants by land, by
Revised Penal Code: sea and by air, supplementing the U. N. convention against
Article 122 (Piracy in General and Mutiny in the High Seas or in the transnational organized crime-concentrates on illegal immigration
Philippine Waters); organized by criminal groups
Article 134 (Rebellion or Insurrection); INVESTIGATING BODIES FOR TRANSNATIONAL CRIMES
Article 134-a (Coup d' Etat), including acts committed by private INTERPOL (International Criminal Police Organization) – an
persons; organization established to promote international criminal police
Article 248 (Murder); corporations
Article 267 (Kidnapping and Serious Illegal Detention); Interpol was conceptualized way back in the 1920’s after
Article 324 (Crimes Involving Destruction), or under WWI, when Europe underwent a phenomenal increase in crimes.
Austria, being the most affected, hosted in 1923, a meeting of INTERPOL Manila is an integral part of the PCTC. Its mission is to
representatives of criminal police in 20 nations to discuss the serve as the liaison office and main coordinating body for
apparent problem facing them. The meeting leads to the creation international police cooperation on behalf of all law enforcement
of the International Police Commission which has its quarter in agencies in the Philippines. Its main duties include:
Vienna, the capital of Austria. · Monitoring and coordinating law enforcement activities
But the outbreak of WWII brought the activities of the relating to transnational crimes affecting the Philippines;
commission to a standstill. After the war, the commission was · Operating and maintaining an operations centre to serve as
offered headquarters in Paris by the French government. The the focal point for international cooperation on transnational
commission became very active by then, and by 1955, the number crime for all law enforcement agencies in the Philippines;
of affiliated countries increased from 19 to 55. Thus in 1956, the · Acting as a NALECC Sub Committee in the monitoring of
commission constitution was completed and ratified, and change crime and activities which threaten national security and the
the name into the present name (International Criminal Police economy.
Organization). INTERPOL Manila works around the clock and uses English as its
As of April 2004, the Interpol increased in its member nations main working language.
to 181: every member country establishes its Interpol office The Philippine Center on Transnational Crime (PCTC), which
called “National Central Bureau”, which is staffed with the houses INTERPOL Manila, is the national law enforcement agency
countries own police officers. These bureaus became the single which carries investigations beyond the borders of the
point contact for foreign governments requiring assistance which Philippines. Its priority crime areas include:
overseas investigations and information’s on the different police · Illicit trafficking of narcotic drugs and psychotropic
structures in other countries. substances;
Current President. INTERPOL's current President is Mr. MENG · Money laundering;
Hongwei, elected at the 85th INTERPOL General Assembly held in · Terrorism;
Bali, Indonesia November 2016. Mr. MENG will serve as President · Arms smuggling;
until 2020. · Trafficking in persons;
The Interpol organization now incorporates 192 member · Piracy;
countries. · Any crime which impacts the stability and security of the
INTERPOL FINANCING Philippines.
It’s financed by the annual contributions paid by the
governments of its 190 member countries. These contributions The PCTC coordinates all transnational crime operations carried
are calculated on a sliding scale according to the GNP of the out by other government agencies of the Philippines. It designs
member countries. The agency has an annual budget of 32.8 new projects to strengthen the country’s combined response and
million Euros (about $39 million) as of 2004, compared to its ensures the efficient exchange of information. The PCTC
multibillion dollar crime problems, yet efficiency is their prime recommends ways to better prevent transnational crime and to
requirement. As of 2013 the Interpol has an annual budget of 70 detect and apprehend criminals operating across borders. A
million euro. central database of national and international legislation
INTERPOL FIGHTING TERRORISM underpins these recommendations. Activities are reinforced
Interpol’s Two Fold Role in Fighting Terrorism through training programs delivered in cooperation with national
a) To prevent acts of international terrorism government agencies, other countries and international
b) In such acts are carried out, to ensure that the perpetrators organizations.
are brought to justice and promotes best practice and trainings. Organized Crime Group (OCG) defined
In the United Nations Convention against Transnational Organized
THE INTERNATIONAL NOTICE SYSTEM Crime, organized crime group is characterized as a “structured
Interpol’s Types of Notices group of three or more persons existing for a period of time and
1. Red Notice – based on the national arrest warrants, are used acting in concert with the aim of committing one or more serious
to seek the arrest and extradition of suspects crimes or offenses established pursuant to this Convention, in
2. Blue Notices – are used to seek information on the identity of order to obtain, directly, or indirectly, a financial or other material
persons or on their illegal activities related to criminal matter. benefit.
Such blue notices are used primarily for tracing and locating Philippine law enforcement agencies defined it as a profit-
offenders when decision to seek to extradite has not yet been motivated and highly capable group of person or an enterprise
made and for locating witnesses to crime. organized to undertake widespread, regular or long- term, large
3. Green Notices – are used to provide warnings and criminal scale, high profile and diversified criminal activities that have high
intelligence about persons who have committed criminal offense impact on the economy and national security.
and who are likely to repeat these crimes in other countries. Organized Crime
4. Yellow Notices – are used to help locate missing persons A criminal activity by an enduring structure or organizations
including children, or to help people to identify themselves developed and devoted primarily to the pursuit of profits through
5. Black Notices – are used to determine the identity of illegal means.
deceased victims Other term for Organized Crime:
6. Orange notice – to warn an event, a person, an object, or a • Mob
process representing a serious and imminent threat to public • Mafia
safety. • Crime Confederation
7. Purple notice – to seek or provide information on modus • international criminal organizations (military usage);
operandi, objects, devices and concealment method used by • transnational crime (United Nations usage); and
criminals. • Enterprise crime (FBI usage).
8. INTERPOL–United Nations Security Council Special Notice
Issued for groups and individuals who are the targets of UN Attributes of Organized Crime (OC)
Security Council Sanctions Committees. 1. Non ideological
2. Hierarchical
Interpol’s processing of notices should be quick, to minimize 3. Limited or exclusive membership
delays in exchanging information on notices, to make it less-labor 4. Self Perpetuating
intensive, and in general to improve efficiency, Interpol’s general 5. Use Bribery and violence
secretariat introduced a more rapid and cost-efficient procedure 6. Demonstrate a specific division of labor
for requesting and issuing notices. The paper-based system was 7. Monopolistic
converted into electronic system at the disposal of member 8. Governed by explicit and rules and regulation
countries with the necessary technical equipment.
(https://www.interpol.int/INTERPOL-expertise/Notices) Problems caused by Organized Crime
INTERPOL Manila 1. Uncollected revenues
The Philippines is a member of Interpol since June 13, 1956 2. Citizens are victims
where Jolly R. Bugarin of the Philippines became its President 3. Increased cost of law enforcement
from 1980-1984. 4. threat to legitimate business
The National Central Bureau (NCB) for the Philippines is an inter- Problems caused by Organized Crime
ministerial entity which is not part of the Philippine National 1. Uncollected revenues
Police but instead is directly attached to the Office of the 2. Citizens are victims
President. As such it benefits from direct access to the services of 3. Increased cost of law enforcement
all law enforcement agencies in the Philippines. 4. threat to legitimate business
The NCB is referred to as “NALECC-SCILEC” (National Law
Enforcement Coordinating Committee - Sub Committee on Categories of Organized Crime
International Law Enforcement Cooperation). 1. provision of illicit services
2. Provision of illicit goods
3. Conspiracy c) OC provides illegal goods and services to the public
4. Penetration of legitimate business
5. Extortion 4. Smith's Enterprise Model (by Dwight Smith)– the law of supply
6. Corruption and demand

Why Organized Crime align with legitimate business 5. Ianni's Kinship Group Model (by Francis Ianni) – kinship or
1. Collaboration business investment ethnic social network
2. Concealment opportunities for illicit activities The Businesses of Organized Crime
3. Sources of reportable legitimate income 1. Corruption – is the use of legislated powers by government
4. Provision of money laundering resources officials for illegitimate private gain
5. Gives the appearance of legitimacy a) Bribery – requires one to give and another to receive. It is
6. Competition is lessened demanded for an official to do something he is already paid to do.
The intent is influence.
How legitimate business benefits from Organized Crime b) Graft – it only requires that an official has gained something of
1. The OC's ability to harass business competitors value, not part of his official pay, when doing his work.
2. Extra capital for joint investment ventures c) Patronage – favoring supporters during previous election
3. Opportunity for collaborating with management to control d) Nepotism – favoring relatives
labor unions e) Cronyism – favoring personal friends
4. f) Embezzlement – theft or misappropriation of entrusted
Types of Connection between Organized Crime and Illegal resources
Business g) Kickback – it is the official's share of misappropriated funds
Parasitic – OC members extort money from illegal entrepreneurs from his office made possible by corrupt bidders
under a threat of violence
Reciprocal – OC extort money from illegal entrepreneurs to pay a 2. Gambling – it is the wagering of money or something of
fixed or percentage amount but in return provides service such as material value with the intent to win more but the outcome is
debt collection or restricting market entry uncertain.
Entrepreneurship – OC provides illegal goods and services Gaming – is gambling permitted by law.
3. Loan Sharking (Shylocking or Usury)– is the lending of money to
The way organized crime group works – commonly for the another wherein the percentage of the principal is too exorbitant
organization to work there must be: for the lender to pay his debt and the collection is done by force
a. An Enforcer – one who makes arrangements for the killing and or intimidation.
injuring (physically, economically, and psychologically) the Loan Shark – A person or body that offers unsecured loans at
member or the nonmember high interest rates to individuals, often backed by blackmail or
threats of violence.
b. A Corrupter – one who bribes, buys intimidates, threatens, 4. Pornography – From the Greek work pornographia, which
negotiates, and sweet talk into a relationship with police, public derive from “porne” meaning prostitute and “pornea” meaning
officials or anyone else who might help the member security and prostitution; “grapho” meaning write or record, derived meaning
maintain immunity from arrest, prosecution, and punishments. “illustration of graph” thus meaning (a written description or
illustration of prostitutes or prostitution)
c. A Corruptee – a public official, usually not a member of the - is the depiction of explicit sexual subject matter for sexually
organization family, who can wield influence on behalf of the titillating the viewer.
organizations interest. 5. Prostitution – (World’s Oldest Profession) the act or practice of
engaging in sex acts for hire.
a) Whore – the usual term for commercial sex worker or sex
Generic Types of Organized Crimes trade worker
Political Graft – Manned by political criminals, who use force and b) Hooker or street walker – one who solicits customers in public
violence of a means to obtain profit or gain, and or achieving places
political aims or ambitions. An example of this is (vote buying and c) Call Girl – makes appointments by phone
the employment of private armies to control a certain political d) Gigolo – one who offers services to female customers
area). e) Hustlers or rent boys – those offering services to male
The Mercenary/Predatory Organized Crime – Crimes committed customers
by groups for direct personal profit but prey upon unwilling f) Pimps (male) and Madams (female) – organizers of
victim. prostitution or procurers for customers
In-Group Oriented Organized Crime – Group manned by semi g) John or Tricks – the customers of prostitutes in North America
organized individual whose major goals are for psychological h) Punters – the British Customers of prostitutes
gratification such as adolescent gang. i) Kerb Crawlers – men who drive along red-light districts to
Syndicated Crimes – The organization that participates in illicit solicit prostitutes
activity in society by the use of force, threat, or intimidation. The
group with a formal structure, whose purpose is to provide illicit Types of Prostitution
services, which are in strong public demands through the use of a) Escort prostitution – out-call and in-call
secrecy on the parts of the associates. There is assurance of b) Lot lizard – serves the trucking industry
protection for its operations through political corruption. c) Street Prostitution – solicits customers in street corners or
walking the streets
Models of Organized Crime d) Skeezers – trade sex for illegal drugs
1. Bureaucratic or Corporate Model (by Donald Cressey) – purely e) Sex tourism – the commercial sexual relation by the tourist
business, colder set of ideals with residents at the destination

a) a complicated hierarchy 6. Trafficking in Human Beings

b) an extensive division of labor Human Trafficking– The commerce and trade in the movement or
c) position and recruitment is based on skill migration of, recruitment, transportation, harboring, or receipt of
d) responsibilities are carried out impersonally people for the purpose of slavery, prostitution, forced labor
e) extensive rules and regulations (including bonded labor or debt bondage), and servitude.
f) written communications down the hierarchy Trafficking in person – It is the recruitment, transportation,
transfer, harboring or receipt of persons by means of: threat or
2. Patron – client Model (by Joeseph Albini and Francis and use of force or other forms of coercion abduction,
Elizabeth Ianni) fraud,deception,abuse of, a position of vulnerability, the giving or
receiving of payments or benefits to achieve the consent of a
a) closed network that is hard for the police to penetrate person having control over another person, for the purpose of
b) opportunities for criminal activities are initiated by low – exploitation.
ranked members
c) service and protection Difference between Human Trafficking and Human Smuggling
d) may hire the expertise of some criminals In the latter, people voluntarily request the smuggler’s service
e) immediately adjust if the leader is incapable for fees and there may be no deception involved in the “illegal”
3. Chambliss Organized Crime Network Model (by William agreement. On arrival of their destination, the smuggled person is
Chambliss) usually freed. On the other hand, the trafficking victim is enslaved,
a) OC cannot operate without the direct complicity and or the terms of their debt bondage are highly exploitative. The
connivance of the political machinery traffickers take away the basic human rights of the victim.
b) OC is an important source of political corruption RA 9208 “The Anti-Trafficking Act of 2003’’
Sec. 3. Definition of Terms. — As used in this Act:
Child — refers to a person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take care of or Example Case #1 (Drug-money laundering: Franklin Jurado)
protect himself/herself from abuse, neglect, cruelty, exploitation, Placement: Jurado deposited cash from U.S. drug sales in Panama
or discrimination because of a physical or mental disability or bank accounts.
condition. Layering: He then transferred the money from Panama to more
than 100 bank accounts in 68 banks in nine countries in Europe,
Forced Labor and Slavery — refer to the extraction of work or always in transactions under $10,000 to avoid suspicion. The bank
services from any person by means of enticement, violence, accounts were in made-up names and names of Santacruz-
intimidation or threat, use of force or coercion, including Londono's mistresses and family members. Jurado then set up
deprivation of freedom, abuse of authority or moral ascendancy, shell companies in Europe in order to document the money as
debt-bondage or deception. legitimate income.
Integration: The plan was to send the money to Colombia, where
Sexual Exploitation — refers to participation by a person in Santacruz-Londono would use it to fund his numerous legitimate
prostitution or the production of pornographic materials as a businesses there. But Jurado got caught.
result of being subjected to a threat, deception, coercion, R.A. 9160 – The Anti- Money Laundering Act of 2001, as amended
abduction, force, abuse of authority, debt bondage, fraud or by R.A. 9194
through abuse of a victim's vulnerability. Republic Act No. 9160 otherwise known as The Anti-Money
Laundering Act of 2001 was signed into law on September 29,
Debt Bondage — refers to the pledging by the debtor of his/her 2001 and took effect on October 17, 2001. The implementing
personal services or labor or those of a person under his/her Rules and Regulations took effect on April 2, 2002.
control as security or payment for a debt, when the length and ü First AMLA Amendment under RA 9194 – March 2003
nature of services is not clearly defined or when the value of the ü Second AMLA Amendment under RA 10167 – June 2012
services as reasonably assessed is not applied toward the ü Third AMLA Amendment under RA 10365 – February 2013
liquidation of the debt.
Salient Features:
Council — shall mean the Inter-Agency Council Against Trafficking 1. Criminalizes Money Laundering
created under Sec. 20 of this Act. 2. Creates financial intelligence unit or implementing agency
3. Imposes requirements on customer identification, record
Inter-Agency Council Against Trafficking. — There is hereby keeping and reporting of covered and suspicious transactions
established an Inter-Agency Council Against Trafficking, to be 4. Relaxes strict bank deposit secrecy laws
composed of the Secretary of the Department of 5. Provides for freezing, seizure, forfeiture, recovery of dirty
Justice as Chairperson and the Secretary of the Department of money or property
Social Welfare and Development as Co-Chairperson and shall have 6. Provides for international cooperation
the following as members:
Secretary, Department of Foreign Affairs; Punishable Acts under the AMLA
Secretary, Department of Labor and Employment; 1. Money laundering proper
Administrator, Philippine Overseas Employment Administration; 2. Facilitation
Commissioner, Bureau of Immigration; 3. Failure to report
Director-General, Philippine National Police; 4. Failure to keep records
Chairperson, National Commission on the Role of Filipino Women; 5. Malicious reporting
and 6. Breach of confidentiality
Three (3) representatives from NGOs, who shall be composed of
one (1) representative each from among the sectors representing Organization OF AMLC
women, overseas Filipino workers (OFWs) and children, with a The AMLC is comprised of three (3) members: the Governor of the
proven record of involvement in the prevention and suppression Bangko Sentral ng Pilipinas (BSP) as the Chairman and the other
of trafficking in persons. These representatives shall be nominated two (2) members are the Commissioner of the Insurance
by the government agency representatives of the Council, for Commission (IC) and the Chairman of the Securities and Exchange
appointment by the President for a term of three (3) years. Commission (SEC). It acts unanimously in the discharge of its
functions. AMLC is also referred to as the country’s Financial
7. The Illegal Drug business – this is one major source of funds for Intelligence Unit (FIU). It acts unanimously in the discharge of its
organized crime groups. functions.
8. Labor Racketeering – it is use of union power for personal profit The AMLC is assisted by a Secretariat headed by an Executive
and it's heart relies on fear Director and consists of five (5) units; the Compliance and
The RICO Act (Racketeering Influence and Corrupt Organizations Investigation Group (CIG), the Legal Evaluation Group (LEG), the
Act) – became United States law on October 15, 1970. It allowed Information Management and Analysis Group (IMAG), Technical
law enforcement to charge a person or group of people with Services Staff (TSS) and the Administrative and Financial Services
racketeering, within a 10 year period. The purpose of the RICO Act Division (AFSD).
was stated as “the elimination of the infiltration of organized Functions of AMLC
crime and racketeering into legitimate organizations operating in To require and receive covered or suspicious transaction reports
interstate commerce”. from covered institutions
9. Business Racketeering – is the act of operating an illegal Covered institutions - All those supervised and regulated by the
business or scheme in order to make profit by a structured group CB, including banks, offshore banking units, quasi-banks, trust
10. Money Laundering – is a crime whereby the proceeds of an entities, non-stock savings and loan associations, pawnshops,
unlawful activity are transacted or attempted to be transacted to money exchange, remittance centers/couriers, and their
make them appear to have originated from legitimate sources. subsidiaries and affiliates.
What is a covered transaction?
Steps of Money Laundering A transaction in cash or other equivalent monetary instrument
1) Placement – (also called immersion) is the physical disposal of involving a total amount in excess of Five hundred thousand
the money by moving funds from direct association with crime pesos, US$10,000 (example) that is done with a covered
and putting them into financial system, usually through Smurfing institution, within one banking day, is a covered transaction that
(moving small amounts at times to avoid suspicion). It involves must be reported by the covered institution.
bank complicity, the mixing of licit with illicit funds, cash What is a suspicious transaction?
purchases and the smuggling of currency to safe havens. A transaction is suspicious and must be reported as such by the
2) Layering – is (also called heavy soaping) the process of covered institution concerned regardless of the amount involved
disguising the trail to foil pursuit. It involves the creation of false when any of the following circumstances exist:
paper trail, conversion of cash into monetary instruments and the a. The individual making the transaction is not properly
conversion of tangible assets obtained by means of cash identified.
purchases. Electronic processes is the most cost – effective b. The is no underlying legal or trade obligation, purpose or
layering method. They offer the criminal speed, distance, minimal economic justification for the transaction.
audit trail and virtual anonymity amid the enormous daily volume c. The amount involved is not commensurate with the business
of electronic transfer, all at minimal cost. or financial capacity of the individual making the transaction.
3) Integration – (also called spin dry) the money is gain available d. The transaction is structured in a manner that invites suspicion
to the criminal with its occupational and geographical origin that is trying to avoid the reporting requirements under the law.
hidden. Because the money is often repatriated in the from of e. Any circumstance relating to the transaction which is observed
clean, often taxable income. It is achieved by means of real state to deviate from the client’s transactions.
transactions, front companies and sham loans, foreign bank f. The transaction is in any way related to an unlawful activity
complicity and false import and export transactions. under the law.
 the family, anyone who behaves badly and doesn't hold to moral
ü Should a transaction determined as both covered and values
suspicious transaction, the institution concerned shall repot it as
suspicious transaction. (Sec 6) Some Mafia's Traditional Terminologies
To implement measures designed to prevent and counter act ML Capo Di Tutti Capi – “boss of all bosses”
To act on ML-connected foreign request for assistance Capo Di Capi Re – a title of respect to a retired member,
To enlist assistance of any branch of the government equivalent to being a member emeritus, literally “king boss of
To require supervising authorities or covered institutions to bosses”
produce identity documents Capo Crimine – “Crime boss”, known as Don - the head of a crime
To institute civil forfeiture proceedings and apply for a freeze family
order before the CA Capo Bastone – “club head” known as the “Underboss” is the
To file criminal complaints before the DOJ and OMB second in command to the Capo Crimine
Consigliere – an advisor
Freezing of Monetary Instrument or Property Caporegime – ‘Regime Head” a captain who commands a crew of
The AMLC may file before Court of Appeals, before the around 10 Sgarriste or soldiers.
verified application ex parte (without notice to the other party) Sgarriste or soldato – “soldier” made members of mafia who serve
after determination that probable cause exists that any monetary primarily as foot soldiers.
instrument or property is in any way related to an unlawful Picciotto – “little man”, a low- ranking member who serves as an
activity. The freeze order shall be effective immediately. The enforcer giovane D’onore(an associate member, usually someone
freeze order shall be for a period of 6 months unless extended by not of Italian ancestry )
the court.
The Sicilian Mafia (based in Sicily)
Money Laundering Offenses and Penalties It is the most powerful and most active Italian organized crime
Knowingly transacting or attempting to transact any monetary group in the US. It is also considered the second largest
instrument/property which represents, involves or relates to the organization in Italy. It specializes in heroin trafficking, political
proceeds of an unlawful activity. Penalty is 7 to 14 years corruption, and military arms trafficking. It also engages in frauds,
imprisonment and a fine of not less than P3M but not more than counterfeiting and other racketeering crimes. In Sicily, the term
twice the value of the monetary instrument/property. “excellent Cadaver” is used to describe the assassination of
Knowingly performing or failing to perform an act in relation to prominent government officials.
any monetary instrument/property involving the proceeds of any Camora or Neapolitan Mafia (based in Naples)
unlawful activity as a result of which he facilitated the offense of Camora means “gang”. It first appeared in Naples, Italy as a
money laundering. Penalty is 4 to 7 years imprisonment and a fine prison gang and it continued to grow in number. It is now the
of not less than P1.5M but not more than P3M. largest of the Italian organized crime groups.
Knowingly failing to disclose and file with the AMLC any monetary Ndrangheta or Calabrian Mafia (based in Calabria)
instrument/property required to be disclosed and filed. Penalty is Ndrangheta Greek word meaning “courage or loyalty”. It was
6 months to 4 years imprisonment or a fine of not less than formed when some Sicilians were banished by the Italian
P100,000 but not more than P500,000, or both. government to Calabria and there they formed small groups
Unlawful Activity is the offense which generates dirty money or known as cells (are loosely connected family groups based on
property. It is commonly called the predicate crime. blood relationships and marriages). The Ndrangheta specializes in
COMPARATIVE PERSPECTIVE IN ORGANIZED CRIME kidnapping, political corruption, drug trafficking, murder,
Mafia – (also known as Cosa nostra) is a sicilian criminal secret bombings, counterfeiting, gambling, frauds, theft, labor
society which is believed to have first developed in mid- racketeering, loan sharking and alien smuggling
19th century in sicily(palermo). Accordingly, MAFIA is the acronym Sacra Corona Unita (United Sacred Crown)
of Morta Alla Francia, Italia Anela (Italian for “Death to France, It is based in the Southeastern region of Puglia and it also started
this is Italy's cry”). However this version is discarded by most as a prison gang. It has links with other Mafia groups as they
historians nowadays. collect from the smugglers landing rights on the southeast coast
At one point in their History, they even called their group “The of Italy. It specializes in smuggling cigarettes, drugs, arms and
Honored Society” and their members (Mafiosi) as “Men of Honor” people; money laundering; extortion; and political corruption
or” Made Men”. In Sicily, Mafia also means “Manly”. Yakuza or Gokudo (Violence groups)
Rituals of the Sicilian Mafia Its name was originated from the Japanese card game Oicho Kabu,
The neophyte is brought together with at least three men of a card game. Ya- Ku- Za represents the numbers eight(8), nine (9)
honor of the family and the oldest member present warns him and three (3) – the total is 20, a useless number that means also a
that “this house” is meant to protect the weak against the abuse bad fortune for the player.
of powerful. He then pricks the finger of the initiate and spills his Japanese police, and media call them bōryokudan ("violence
blood onto a sacred image, usually of a saint. The image is placed group")
in the hand of the initiate and let on fire. The neophyte must yakuza call themselves "ninkyō dantai“("chivalrous organizations")
withstand the pain of the burning, passing the image from one The ff. Are some characteristics of the yakuza:
hand to hand, until the image has been consumed, while swearing 1. Members usually wear sunglasses and colorful suits so that
to keep faith the principles of Cosa Nostra, solemnly swearing their profession could be immediately recognized by civilians
“may flesh burn like this saint if I fail to keep my oath. 2. members walk arrogantly with wide gaits
Omerta – the law of silence of the Sicilians that forbids the 3. Members dress conservatively and flash their tattoos only
common man, woman or child to cooperate with the police or when the need arises
government, upon pain of death. 4. Some sport insignia pins on their lapels
Italian Mafia Structure 5. Majority of their income comes from protection rackets in
shopping, entertainment and red- light districts within their
Italian mafia family structure: territory due to the reluctance of both the businesses and the
Capofamiglia- don/ boss police
Consigliere – counselor/ advisor / right hand man 6. The yakuza is regarded as a semi- legitimate organization, e.g.
Sotto capo – underboss/ second-in-command just after the Kobe earthquake, the Yamaguchi- gumi provided
Capodecina – captain/ capo disaster relief services in contrast to the much slower response by
Uomini D’onore – “men of honor”/made men /soldiers the Japanese government.
7. Many yakuza regard their income and hustle as a collection of
The Ten Commandments of the Sicilian Mafia feudal tax
No one can present himself directly to another of our friends. 8. The yakuza is heavily involved in sex- related industries like
There must be a third person to do it smuggling of uncensored pornography from Europe and US, and
Never look at the wives of friends the control of large prostitution rings throughout the country.
Never be seen with cops 9. Sokaiya – this is a unique form of extortion wherein the
Don't go to pubs and clubs yakuza, in their protection racket, they harass the stockholder's
Always being available for Cosa Nostra is a duty – even if our wife meetings of large corporations instead of harassing small
is about to give birth businesses
Appointments must absolutely be respected
Wives must be treated with respect STRUCTURE OF YAKUZA
When ask for any information, the answer must be the truth Yakuza Rituals
Money cannot be appropriated if it belongs to others or to other 1) Yubitsume – for the first offense, the transgressor must cut off
families the tip of his left little finger and hand the severed portion to the
People who cannot be part of Cosa Nostra: anyone who has a boss as a form of penance or apology. Sometimes, the Underboss
close relative in the police, anyone with a two- timing relative in may do this himself to spare a member of his gang
2) Irezumi – hand- poked full- body tattoos fro the members SoIntsevskaya Bratva – was one of- if not the most powerful OCG
through hand- made and hand- held tools with needles of in the world and most dangerous operating in Moscow.
sharpened bamboo or steel Dolgoprudnenskaya – a very influential OCG and considered the
largest OCG in Moscow.
3) Pearlings – one pearl is inserted into the skin of the penis of Izmaylovskaya gang – is the oldest of the Russian Mafia groups
the member for every year in prison utilizes quasi- military ranks and strict internal discipline. It was
involved in murder for hire, extortion and infiltration of legitimate
4) Oicho- Kabu – the members whenever they play this card businesses.
game, are given the chance to display their tattoos to the other Obshina or Chechen Mafia – it was formidable OCG and
members as they normally keep them concealed with long- paramilitary group that once formed the most dominant minority
sleeved and high- necked shirts criminal group in Russia. It is believed that it has ties with the
Chechen militant factions.
5) Sake-Sharing ceremony – is used to seal bonds of brotherhood Lyubertsy – a criminal group of Russia which was very nationalistic
between individual yakuza members or groups so that the group beats up anyone is seen as a counterculture.
Solntsevo – a criminal group in Russia that runs slot machines and
Principal Yakuza Families taxi rings.
1) Yamaguchi- gumi – is the biggest yakuza family, accounting for
50% of all yakuza in Japan, with more than 55,000 members Organization and structure
divided into 850 clans. From its headquarters in Kobe, it directs Pakhan – the boss in a criminal cell called brigadier.
criminal activities throughout Japan. It is also involved in Spies – employed by the boss to take care of the cell
operations in Asia and the United States. Shinobu Tsukasa, also Criminal cells – these are specific cell for committing crimes
known as Kenichi Shinoda, is the Yamaguchi-gumi's current
oyabun. Afghan Taliban
The Taliban is a Sunni Islamist nationalist and pro-Pashtun
2) Sumiyoshi-rengo (sometimes called Sumiyoshi-kai) – is the movement founded in the early 1990s that ruled most of
second largest yakuza family, with 20,000 members divided into Afghanistan from 1996 until October 2001. The movement’s
277 clans. The Sumiyoshi-kai, as it is sometimes called, is a founding nucleus—the word “Taliban” is Pashto for “students”—
confederation of smaller yakuza groups. Its current oyabun was composed of peasant farmers and men studying Islam in
is Shigeo Nishiguchi. Structurally, Sumiyoshi-kai differs from its Afghan and Pakistani madrasas, or religious schools.
principal rival, the Yamaguchi-gumi, in that it functions like a By 1994, the Taliban had moved their way through the south,
federation. The chain of command is more lax, and although capturing several provinces from various armed factions who had
Shigeo Nishiguchi is always the supreme oyabun, its leadership is been fighting a civil war after the Soviet-backed Afghan
distributed among several other people. government fell in 1992. By September 1996, the Taliban had
3) Inagawa- Kai – it is based in Tokyo and yokohama and is the captured Kabul, killed the country’s president, and established the
first to expand membership outside Japan. It is third largest Islamic Emirate of Afghanistan. The Taliban’s first move was to
yakuza family in Japan, with roughly 15,000 members divided into institute a strict interpretation of Qur‘anic instruction and
313 clans. It is based in the Tokyo-Yokohama area and was one of jurisprudence.
the first yakuza families to expand its operations to outside of The Afghan Taliban’s leader is Mullah Mohammad Omar, who was
Japan. Its current oyabun is Yoshio Tsunoda. the president of Afghanistan during the Taliban’s rule. The US
4) Toua Yuai Jigyo Kumiai – it is one of the most influential Government is offering a $10 million reward for information
yakuza groups in Tokyo that is composed of yakuza members of leading to his capture.
Korean origin. Its current oyabun is Yoshio Kaneumiy Al- Nusrah Font
Al-Qa‘ida in Iraq (AQI)—also known as the Islamic State of Iraq
Chinese Triad (ISI)—played a significant role in founding the group. AQI since
It started as a resistance to the Manchu Emperor of the Qing 2003 has used Syria as a facilitation hub and transformed this
Dynasty. Triad is a term that describes many branches of Chinese facilitation and logistics network into an organization capable of
underground society or organization based in Taiwan, Hongkong, conducting sophisticated explosives and firearms attacks. AQI
Singapore, Malaysia and other places where there is a significant leaders since the beginning of al-Nusrah Front’s participation in
Chinese population. Their activities includes car theft, contract the conflict had provided the group with personnel and resources,
killing, drug trafficking, extortion, money laundering, gambling, including money and weapons
prostitution and racketeering. The major source of the Triads Al Qaeda or Al- Qaida
income today comes from counterfeiting of copyrighted and Established by Usama Bin Ladin in 1988 with Arabs who fought in
trademarked goods such as clothing, coins, computer software, Afghanistan against the Soviet Union, al-Qa‘ida’s declared goal is
money, handbags, music, CD's, watches and movie VCDs and the establishment of a pan-Islamic caliphate throughout the
DVDs. They are also trade in endangered species. Muslim world. Toward this end, al-Qa‘ida seeks to unite Muslims
Initiation – a ceremony will take place at an altar dedicated to to fight the West, especially the United States, as a means of
Guan Yu, the Taoist god of brotherhood, with incense smoke and overthrowing Muslim regimes al-Qa‘ida deems “apostate,”
the sacrifice of an animal usually a pig, chicken or goat. After expelling Western influence from Muslim countries, and defeating
drinking a potion of wine and the blood of the animal or of the Israel. Al-Qa‘ida issued a statement in February 1998 under the
candidate, he will pass beneath an arch of swords while reciting banner of “the World Islamic Front for Jihad Against the Jews and
the triad oaths. The paper on which the oaths are written will then Crusaders” saying it was the duty of all Muslims to kill US citizens
be burned on the altar. To confirm the duty of the member to —civilian and military—and their allies everywhere.
perform his duty to the gods, three fingers of the left hand will be On 11 September 2001, 19 al-Qa‘ida suicide attackers hijacked
raised as a binding gesture. and crashed four US commercial jets —two into the World Trade
Tongs Center in New York City, one into the Pentagon near Washington,
Originated among early-marginalized Chinatown communities to D.C., and a fourth into a field in Shanksville, Pennsylvania—leaving
protect themselves from the natives, but because it had no nearly 3,000 people dead.
political motives, they soon found themselves involved in criminal In 2005, Ayman al-Zawahiri, then Bin Ladin’s deputy and now the
activities like extortion, gambling, human trafficking, murder and leader of al-Qa‘ida, publicly claimed al-Qa‘ida’s involvement in the
prostitution. Recently, however, they became a civic-minded 7 July 2005 bus bombings in the United Kingdom. In 2006, British
organization. security services foiled an al-Qa‘ida plot to detonate explosives on
up to 10 transatlantic flights originating from London’s Heathrow
Jamaican Posse airport.
Is a loose coalition of gangs based in New York Toronto that is On 2 May 2011, US forces raided a compound in Abbottabad,
affiliated with the Jamaica Labor Party and the People's National Pakistan, resulting in the death of Bin Ladin. His death, in addition
Party. In UK where most of them live in London, they are called to significant losses to al-Qa‘ida’s command structure based in the
“Yardies”. tribal areas of Pakistan since early 2008, has left the group at its
Russian Mafia weakest since the fall of the Afghan Taliban in late 2001. In the
The Russian Mafia or “Red Mob” (slang for brotherhood) – during aftermath of Bin Ladin’s death, al-Qa‘ida leaders moved quickly to
the economic disaster just after the fall of the USSR were name al-Zawahiri as his successor. Since this announcement,
desperate for money that many former government workers regional affiliates have publicly sworn allegiance and pledged
turned to crime. Former KGB (Committee for State Security) support to him. Al-Qa‘ida remains a cohesive organization and al-
agents, sportsmen and veterans of afghan and Chechen wars, now Qa‘ida core’s leadership continues to be important to the global
finding themselves with no work but with experience in areas that movement.
could prove useful in crime, joined the increasing crime wave. Hezbollah
Widespread corruption, poverty and distrust of the authorities Formed in 1982 in response to the Israeli invasion of Lebanon,
only contributed to the rise of organized crime. The following are Hezbollah (the “Party of God”), a Lebanon-based Shia terrorist
the individual gangs: group, advocates Shia empowerment globally. The group also
supports Palestinian rejectionist groups in their struggle against Abu Sayyaf
Israel and provides training for Iraqi Shia militants attacking The Abu Sayyaf Group has a strength of 1,148 and assorted
Western interests in Iraq. Hezbollah Secretary General Hasan firearms of 386 as of 1998. Their units are concentrated in Basilan
Nasrallah publically indicated in May 2013 that Hezbollah was Province, Sulu Province and Zamboanga City. The leadership of
supporting Bashar al-Asad’s regime by sending fighters to Syria. ASG suffered a major setback with the death of their leader
Abdurajak Janjalani during the encounter with government forces
Hezbollah has been involved in numerous anti-US terrorist on 18 December 1998. The group is engaged in extortion, kidnap-
attacks, including the suicide truck bombings of the US Embassy in for-ransom, piracy, highway robbery and hold-up to raise funds
Beirut in April 1983, the US Marine barracks in Beirut in October for the procurement of war materials
1983, and the US Embassy annex in Beirut in September 1984, as Its ultimate objective is to establish an independent Islamic
well as the hijacking of TWA 847 in 1985 and the Khobar Towers Theocratic State in Mindanao. It adheres to an extremist view of
attack in Saudi Arabia in 1996. Although Hezbollah’s leadership is Jihad Kital which lead them to commit terrorism and violence to
based in Lebanon, the group has established cells worldwide. advance its cause. Most of their targets are places of worship,
Jemaah Islamiya religious personalities, public places and vital installations.
Jemaah Islamiya (JI) is an Indonesia-based clandestine terrorist The Abu Sayyaf Group (ASG) is the most violent of the Islamic
network formed in the early 1990s to establish an Islamic state separatist groups operating in the southern Philippines and claims
encompassing southern Thailand, Malaysia, Singapore, Indonesia, to promote an independent Islamic state in western Mindanao
Brunei, and the southern Philippines. Its operatives, who trained and the Sulu Archipelago. Split from the Moro National Liberation
in camps in Afghanistan and the southern Philippines, began Front in the early 1990s, the group currently engages in
conducting attacks in 1999. kidnappings for ransom, bombings, assassinations, and extortion,
JI is responsible for a series of lethal bombings targeting Western and has ties to Jemaah Islamiya (JI). The ASG operates mainly in
interests in Indonesia and the Philippines from 2000-2005, Basilan, Sulu, and Tawi-Tawi Provinces in the Sulu Archipelago and
including attacks in 2002 against two nightclubs in Bali that killed has a presence on Mindanao. Members also occasionally travel to
202 people; the 2003 car bombing of the JW Marriott hotel in Manila.
Jakarta that killed 12; the 2004 truck bombing of the Australian On 27 February 2004, members of ASG leader Khadafi Janjalani’s
Embassy that killed 11; and the 2005 suicide bombing of three faction bombed a ferry in Manila Bay, killing 116, and on 14
establishments in Bali that killed 22. A JI splinter group led by February 2005 they perpetrated simultaneous bombings in the
Noordin Mat Top in July 2009 conducted suicide bombings at two cities of Manila, General Santos, and Davao, killing at least eight
hotels in Jakarta. and injuring about 150. In 2006, Janjalani’s faction relocated to
Medellin Cartel Sulu, where it joined forces with local ASG supporters who are
It is an organized network of drug suppliers and smugglers providing shelter to fugitive JI members from Indonesia.
originating in the city of Medellin, Colombia. It had killed around Moro Islamic Liberation Front
3,500 people including 500 Medellin Police officers. At the height The Moro Islamic Liberation Front was officially formed in 1977
of its operations, it brought in more than $60 million per day. after breaking off from the Moro National Liberation Front
Fear of Extradition – is the greatest threat posed to the Medellin (MNLF), which had been fighting the government since the 1960s.
cartel because of the Extradition Treaty entered between the US Hashim Salamat led the break from the Moro National Liberation
and Colombia. The Extradition Treaty made suspected drug Front, which he believed had emphasized Marxist-Maoist
traffickers from Colombia to be tried in the US. With little access principles at the expense of Islamic principles. Under the
to their local power and influence, the trial would most likely lead leadership of Salamat, the Moro Islamic Liberation Front was
to imprisonment. created with the objective of liberating Mindanao and
End of Medellin Cartel – the end of Medellin cartel was made surrounding islands from the government and forming them into
possible when members of the Colombian National Police, after an independent Islamic state in the southern Philippines.
being trained by the US Delta Force and CIA, hunted and killed The MILF headed by Hashim Salamat professes to the goal of
most of the members of the cartel including its founder and establishing an independent Islamic State in Mindanao. A certain
leader, Pablo Escobar 1993. Al Mokhru Ibrahim, a member of Ikhwan Al Muslimen from
Cali Cartel Qatar, offered MILF Chairman fifty million pesos (P50M) as initial
Was a drug cartel based in Southern Colombia that was founded funding for the construction of a hospital building at Camp
by Rodriguez Orejuela brothers, Gilberto and Miguel. It trafficked Abubakar, Maguindanao. The Ikhwan Al Muslimen was founded
Marijuana and later the more lucrative cocaine. It was multiple by hardline fundamentalists from Egypt and Sudan.
cell that operated as tight group of independent criminal
organizations, yet reported to a “celeno” or manager, who then It is an international Islamic movement currently undertaking
reported back to Cali. Islamic expansion activities worldwide to promote Islamic
Organizational structure: teaching. Also, a certain Hussain Mustapha, a Saudi Arabian
Narco- Trafficking Group – controls the processing labs, shipping and close associate of Mohammad Jamaal Khalifa, together with
methods and routes. two unidentified Saudi Arabian nationals visited Camp Abubakar
Military Group – controls the security, punishment and discipline, to deliver undetermined amount of money for the installation of
and bribery of military and police officers. an international satellite communication system to enable their
Political Group – it is responsible for forging government links like leaders to get in touch with their foreign supporters.
congressman, federal officials and local authorities. Bangsamoro Islamic Freedom Fighters
Financial Group – it controls money laundering, front businesses The Bangsamoro Islamic Freedom Fighters (BIFF) is a Muslim
as well as legitimate business ventures. militant organization based in Mindanao, the Philippines. The BIFF
Legal Group – it controls representation for captured traffickers, broke away from the Moro Islamic Liberation Front (MILF), led
hiring of lobbyists and overseas representations. by Ameril Umbra Kato, in 2008. Their goal is independence for
Other Criminal Groups in the Philippines the Bangsamoro area, and they have declared that they will not
Moro National Liberation Front settle for anything less. They rejected the Framework Agreement
In 18 March 1968, about 200 Filipino Muslim military trainees on the Bangsamoro, a preliminary peace agreement signed
were murdered in Corregidor by the Armed Forces of the between the Government of the Philippines and the MILF and
Philippines (AFP) under Ferdinand Marcos. It was popularly called vowed to continue their fight.
Jabidah Massacre. The impact was an outrage among the Muslims Rajah Solaiman Movement
in Mindanao especially those who are from Sulu where these The RSM was founded by Ahmad Santos in 2001. It emerged from
military trainees were recruited. the work of the Fi Sabilillah Da’wah and Media Foundation
Not taking this lightly, Nur Misuari, a University of the Philippines (FSDMFI, FIDAMFI, or FiSab), which Santos had set up in 1995 as a
professor rose to become the leader of this outraged group and vehicle for Islamic proselytizing among mainstream Filipino
he founded the Moro National Liberation Front in 1969. After a Christians after he himself had converted to Islam in 1993. Its
few months of setting up the organizational, in 1970, the MNLF purpose was, in part, to divert ongoing military operations against
officially proclaimed itself a political party. After recruiting the ASG in Basilan. Santos eventually developed a jihadist
sufficient number of armed freedom fighters, the MNLF launched orientation, due in part to the influence of his reported contacts
a protracted armed struggle. with the ASG and the late chairman of the Moro Islamic Liberation
The Moro National Liberation Front (Mnlf) is a secessionist Front (MILF), Salamat Hashim.
political organization founded by Dr. Nur Misuari in 1969, a UP He began to use FSDMFI as a base for recruitment, indoctrination,
(University of the Philippines) Professor. The Moro National training, fundraising, logistical support, and other activities for
Liberation Front's primary goal was the creation of an jihad in discreet collaboration with like-minded groups. For all
autonomous Muslim state in the southern Philippines. The intents and purposes, FSDMFI the institute and RSM the
contested area was the two islands of Mindanao and Sulu movement became one and the same. The government had
Archipelago, which comprises approximately 13 Philippine difficulty distinguishing between the two entities and the broader
provinces. While the Philippines has a history of conflict between Balik-Islam (‘Return to Islam’) movement of Christian converts to
Christian and Muslim elements, the immediate backdrop to this Islam, a mistake one Philippine counter-terrorism analyst
terrorist rebellion formed in the 1950s.
described as tantamount to ‘associating Islam with terrorism’ money while others have the patience and sophistication for
(Banlaoi, 2006b). prolonged negotiations for a bigger ransom.
New People’s Army
The New People’s Army (NPA) is the armed wing of the Modus Operandi of KFR Groups
Communist Party of the Philippines (CPP). It was established in a) Spotting – the first step in planning a KFR operation is to come
1969 as the radical Maoist alternative to the pro-Soviet Partido up with a shopping list of 3-4 possible targets who are capable of
Komunista ng Pilipinas. Though both organizations are by and paying huge amount of ransom.
large ideologically driven armed groups waging what they call a b) Surveillance – the possible targets are subjected to thorough
‘protracted people’s war’ in the Philippine countryside, they are surveillance and background investigation regarding their financial
currently classified as terrorist organizations by the United States, capability; home address and place of work; phone numbers;
the European Union, Canada, and Australia. make, colors, and license plates or cars; travel routes, departure
The CPP-NPA currently poses the greatest armed threat to the and arrival time; identities of driver. Household helps and
Philippine government and has the widest grass-roots support employee's; personal security. In order to enhance precision in
among the various Philippine leftist insurgent groups (Abuza, the operation, some KFR groups send out penetration agents who
2005). The conflict between the CPP-NPA and the Philippine apply as drivers, employee's or house helps to gain further access
government has taken thousands of lives since the NPA’s on the targets.
inception. c) Risk Analysis and Target Selection – after a thorough
The NPA is a Communist rebel group that seeks to overthrow the investigation, the KFR group select one of the targets that present
Philippine government and replace it with a ‘national democratic’ a lower risk and difficulty in ransom negotiation. In order to aid
alternative through ‘protracted people’s war’, with guerrilla them in the target selection, they make use of the mathematical
warfare the main form of warfare in the early stages. It falls under formula, Ransom/ Risk (in percentage)
the leadership of the CPP and forms part of the National d) Abduction of the Victim – the abduction of the victim is usually
Democratic Front of the Philippines (NDFP), the political wing of completed in 2-3 hours while the victim is on his way to work or
the CPP and an umbrella organization of all the national going home or while traveling in intersection or lightly travelled
democratic mass organizations. streets. Afterwards, the victim is brought to a safe house, usually
OCG's in the Philippines outside but near Metro Manila.
1) Francisco Group – formerly called the Dragon or Kuratong e) Ransom Demand – the ransom demand usually ranges from 1-
Baleleng Group lead by Manuel Francisco with 66 members armed 100 million pesos depending on the paying capacity of the victim
with assorted high powered firearms and operates in Metro and the operational capability of the KFR group. The weakest
Manila, Cebu, Pagadian, Dipolog, and Cagayan de Oro City. It is family member is usually chosen as the negotiator with the stern
engaged in robbery/ hold up, carnapping, illegal drug trafficking, warning that the kidnapping must not reach the police.
and rice and sugar smuggling. f) Collection of Ransom – the KFR group will now design a pay of
procedure. The ransom courier is usually instructed to bring with
2) Pentagon Group – it is the creation of the Moro Islamic him a cellphone where all the sequence of instructions are
Liberation Front (MILF) in order to generate funds for the MILF transmitted. The courier usually consumes the whole day driving
and insulate the MILF members from criminal accusations. Most in circles before the final pay off venue.
of the members are also listed as members of MILF. It is headed 3) Robbery/ Hold- up – Bank robbery groups are considered as the
by Tahir Alonto with 168 heavily armed members. It primarily most organized among the crime groups. They are composed of
engaged in Kidnap for ransom (KFR) in Mindanao and in Metro hardened criminals of tested daring capabilities. They are well
Manila. trained to execute minute details of a well- planned operation.
They are heavily armed and ready to forcibly douse any
3) Lexus Group – it is a carnapping group of around 37 members opposition.
operating in NCR, Region 3 and 4
Modus Operandi of Bank Robbers
4) Rex “Wacky” Salud Group – it operates illegal gambling in a) The robbery group initially places the target bank under a
Cebu with around 30 members thorough casing and surveillance, weeks or even months in
. advance.
5) Vicvic Yu Group – it operates illegal gambling in Central b) For armored vans, the group closely observes the time and
Visayas with around 16 members. route of movements
c) Bank robbers stage the heists usually wearing bonnets
6) Lost Command KFR Group – is mainly composed of ex- soldiers d) Asian Utility Vehicle (AUV) are usually used. One is used to
and ex- policemen who were rendered jobless after the 1986 bring the robbers to the bank while another is used as the get-
EDSA Revolution. Most of its members are seasoned combatants away vehicle.
and have good background in intelligence works
4) Carnapping – most of the vehicles were carnapped inside
7) Ilonggo KFR Group – is composed of remnants of the parking lots, residential areas and middle class subdivisions
paramilitary force Kuratong Baleleng which was first organized in usually between 2-4 o'clock in the morning due to: inadequate
the 1970's and reactivated in the early 80's to help address the police visibility, street parking opportunity, natural advantage
renewed threat of the local communist movement in Misamis during nighttime for criminal elements, and lack of appropriate
Oriental. However, after the decline of the insurgency problem in security measures in residential areas. The carnapped MV's were
the area, this paramilitary force outlived its purpose and gradually either sold at a lower price after acquiring falsified documents or
metamorphosed into a notorious crime syndicate. It is engaged in dismantled and sold as used parts. Some stolen MV's, however
extortion, protection racket and bank robbery. It is believed that it were forcibly taken, usually by OCGs who would eventually
has merged with other crime groups especially the dreaded abandon them after completing one criminal operation. A
Ilonggo Crime Group headed by Eduardo “Boy” Iran. carnapping gang is usually composed of 4-5 members with
defined areas of responsibility; it has financier, a skilled forger to
8) Waray- Abuyog Group – is composed of hardened criminals falsify documents, and corrupt officials from the Land
from Samar and Leyte. It operates in Metro Manila and hibernates Transportation Office.
in the said provinces after the successful execution of their heists. Elements of Carnapping
1) That the offender must have taken a motor vehicle belonging
The Organized Crime Situation in the Philippines to another;
1) Drug Trafficking – Shabu in the Philippines is mainly comes 2) That the taking is with intent to gain; and
from the southern provinces of China- Guandong and Fujian. 3) That the motor vehicle was taken without the owners consent
Ephedra or ephedrine is processed in China and smuggled into the or by means of violence against or intimidation of persons, or by
Philippines as Shabu. There have been discoveries; however, that using force upon things.
ephedrine has processed right in the Philippines, especially in
Cagayan, Region1 and Metro Manila. The sustained coordination The Effect when Motor Vehicle is used in a crime:
and cooperation with foreign counterparts has contributed 1) MV would be an aggravating circumstance, if the crime was
significantly to the success of the Philippine government's committed as a means thereof
campaign against illegal drugs. 2) The use of MV is not aggravating where there is no showing
that the same was purposely used to facilitate the commission of
2) Kidnap for Ransom – KFR groups has displayed a higher level of the crime.
sophistication in their operation. Extensive research and planning 3) Nocturnity and use of MV are aggravating circumstances in the
are conducted prior to their operations. Vital information are commission of theft.
obtained including net worth and liquidity of assets of prospective
victims. Kidnappers have some peculiar operational styles. Some, Acts Considered Carnapping
especially neophytes, prefer fast negotiations with less ransom 1) When MV engine, engine block or chassis is not registered
with the LTO shall be considered as untaxed importation or
coming from an illegal source or carnapped, and shall be 2. Philippine Drug Enforcement Agency (PDEA) – it is patterned
confiscated in favor of the government. after the USDEA and is the lead agency in the implementation of
2) When MV is assembled and rebuilt or repaired by replacement RA 9165.
engines, engine blocks and chassis not registered with LTO shall 3. Anti- illegal Drug Special Operations Task Force(AIDSOTF) – it
not be issued certificate of registration and shall be considered as supports the PDEA in its campaign against illegal drugs.
untaxed imported vehicle or MV carnapped or proceeding from 4. Police Anti- Crime Emergency Response (PACER) – this units
illegal source. adopt the cohesive military- style tactics to go after kidnappers
3) Defacing or tampering with serial numbers of MV engines, and drug dealers including their financial and support network.
engine blocks and chassis perforce constitute carnapping. It shall 5. Philippine Center on Transnational Crime (PCTC) The Philippine
be unlawful fro any person to deface or otherwise, tampers with government established the Philippine Center on Transnational
the original or registered serial numbers of MV engine, engine Crime (PCTC) on 15 January 1999 pursuant to EO. Nr 62, to deal
blocks and chassis. specifically with all transnational crimes including that of
4) When a person takes MV with intent to gain, belonging to terrorism. The PCTC’s primary functions among others are:
another without the latter's consent, by means of violence against a. To establish a shared central database among government
or intimidation of persons, or by using force upon things is agencies on information about transnational criminal's
perforce carnapping. methodologies, arrests and convictions;
b. To explore and coordinate information exchanges and training
Carnapper's Haven with other agencies, foreign countries and international
1) Public parking places organizations;
2) Eateries parking spaces c. To supervise and control the conduct of anti transnational crime
3) Valet parking area operations of all government agencies and instrumentalities;
4) While parked along roadside d. To establish a shared central database on national as well as
5) At pay parking zone international legislation and jurisprudence on transnational crime;
6) Open car garage and
7) When minute left unattended by owner e. To establish a central program and project aimed at enhancing
national capacity building in combating transnational crimes as
How to Stop Carnapping well as supporting the related programs and projects of other
A. Administrative Remedies. The least expensive operation to stop ASEAN and international centers.
carnapping is through the annual registration of MV's. How? Relatedly, on 7 May 1999, Executive Order No. 100 was issued
No new MV can be registered unless proof of payment of transferring the INTERPOL-NCB functions from PNP to PCTC’s
importation tax is presented otherwise there is strong legal supervision in order to fortify and facilitate the coordination
presumption that it comes from illegal source of carnap. between and among foreign countries.
No newly built or assembled jeepney can be registered, unless it is Specific Investigative Procedures
supported by pertinent documents, otherwise it is considered a) When dealing with walk-in/referred cases
carnap. 1. Desk Officer shall conduct initial interview.
PNP clearance is a sine-qua-non, before sales or transfer can be 2. Upon completion of the interview, the complainant shall be
registered to the new buyer. This process can shatter the referred to the Investigator by the Duty Desk Officer.
invincibility of buyer-in-good-faith defense of carnappers. 3. Investigator shall cause the Accomplishment of the Complaint
Stencils of engine, engine block, or chassis are prerequisites to Sheet.
either new or annual registration of vehicles to determine
whether the serial number is tampered or substituted. b) When Handling Terrorist/OCG Information
Laboratory examination or etching test is a must if there is doubt
that the serial number of the engine, engine block or chassis is Step 1: Gathering and Validation of Intel Information
tampered or altered. 1. Based on Agent’s reports, prepare a Summary of Information
Original registration certificate for annual payment of fees should (SOI).
be meticulously examined through physical or ultra machine 2. Refer to current Target List for case linkage.
check to ascertain its genuineness. 3. Validation of Agent’s reports using other sources.
If there is variance with the color or description of the vehicle with
that of the registration certificate, the probability that it may Step 2: Conduct Document Exploitation as follows:
come from illegal source is not remote but inevitable. 1. Investigation Reports
2. Rogues Gallery
B. By cursory examination of the plate number. The MV could be 3. Modus Operandi File
the object of inspection or be impounded if the answer to any of 4. Transmittals to Prosecutor’s Office
the following question is yes. a. Booking Sheets
Does the attached plate number surpassed the expiry month of b. Sworn Statements
registration period? This violation can have three legal effects: c. Coordination with Government/Non-government Offices
non registration, nonpayment of import tax, or carnap MV.
Is the plate number not for the vehicle to which it was attached? Step 3: Identification of Target Personalities by
Was it for a car, truck or Motorcycle? 1. Preparation of Affidavits of Complaining Victims and
Is there a sign that the plate number was cut with blades? Were Witnesses;
letters and numbers meticulously interchanged so that the owner 2. Gathering of suspects‟ photographs from Rogues Gallery.
will not be traced? 3. Preparation of Artist’s Sketch of Suspect from
Is their visible new screech marks on the nuts and bolts of an old victims/witnesses accounts.
plate number?
Is the plate number rotatable manually or mechanically? This is in Step 4: Case Build-up
its self violation but an inquiry as to be made in order to uncover 1. Through gathering of information about previous cases;
criminal agenda of the person. 2. Gathering of information about current/ongoing cases;
Is the diplomatic plate number attached to the proper MV? 3. Determination, record check on standing warrants of arrest.
Criminals use diplomatic plates in order to avoid arrest. There is
diplomatic immunity from arrest but there is no diplomatic
immunity from verifying the authenticity of issues involving
national security. Step 5: Negation Phase/Counter-action
Is the RP plate number attached to an expensive MV? 1. The Team Leader shall prepare and submit Pre-Operations
Clearance to the Operations and Management Division (OMD);
Strategies and Counter Measures 2. The Duty Desk Officer shall record in the Police Blotter the
1. Criminal Investigation and Detection Group(CIDG) – it is the Dispatch of Personnel stating therein the Time, Date and Place of
Unit Primary Responsible (UPR) in the investigation of KFR cases, Operation (TDPO), the name of personnel, and type of vehicle/s,
in the neutralization and immobilization of known KFR gangs, and involved;
the safe rescue of KFR victims. 3. In addition, the Team Leader shall likewise prepare and submit
Coordination Form to Local Police Units indicating therein the
CIDG's Flagship Projects on Anti Crime Operations name of Team Leader, names of personnel involved, type of
1.Programs vehicle used and the duration and area of operation;
a. Oplan Salikop – campaign against OCG's particularly KFR groups 4. A briefing shall be conducted by the Team Leader prior to
b. Oplan Cleansweep – campaign against drug trafficking dispatch.
c. Oplan Pagtugis – campaign against most wanted persons and c) When police operations result in arrest of suspects
other fugitives 1. The Operating Team shall bring the arrested person/s,
together with the evidence/s confiscated, without delay to the
Office for disposition;
2. Desk Officer to conduct frisking of suspects to search for any a. Upon the receipt of complaint, the WCPD officer shall conduct
other hidden weapons; appropriate investigation which includes, but is not limited to,
3. Desk Officer to likewise get personal details/identification of taking the formal statement of the victim survivor and collecting
suspect/s (names, age, occupation, civil status, address, next of other evidence necessary for the filing of the case under the Act;
kin, etc.) and other personal circumstances; b. Immediately after taking the essential elements of information
4. Upon completion of the foregoing, the Duty Desk Officer shall during the course of investigation, the WCPD officer shall refer the
turn-over the suspect and evidence to the Investigation Section victim-survivor to the nearest PNP Crime Laboratory and/or
for disposition. hospital or any medical facilities for appropriate medico-legal
examination. It shall be the WCPD officer’s duty to ensure that as
However, when operations yield negative result, the Team Leader far as possible, the examining physician must be of the same
shall submit a written report addressed to SMD stating therein the gender as the victim-survivor, especially in sexual violence cases;
facts and circumstances surrounding the said results. c. Except in the case of a child who is a victim-survivor of the Act,
by which other existing laws require immediate presence of the
d) Investigation Section unoffending parent or guardian and social worker, only persons
1. The Investigator-On-Case shall conduct the routine procedures expressly authorized by the victim-survivor shall be allowed by the
(mug shot, fingerprint, medical check, record check, tactical WCPD officer inside a room where police investigation as well as
interrogation, etc.) the medical/physical examination are being conducted in private;
2. He shall likewise prepare Affidavits of victims/witnesses. d. Ensure the confidentiality of identity of the victim survivor and
3. In addition he must prepare a Complaint Sheet for referral to all other parties directly involved with the case under
the Prosecutor’s Office. investigation. For this purpose, the WCPD officer must maintain a
4. Finally, the Investigator-on-Case shall prepare all the necessary separate blotter on crimes committed under the Act. Under no
reports (Spot Report, Progress Report, After Operation Report, circumstances shall any police officer allow media access to
Investigation Report, etc.). information concerning VAWC reported to PNP;
e. After the conduct of police investigation, the WCPD officer
shall refer the victim-survivor to the social worker of the LGU, any
e) Follow-Up Section available DSWD shelters, NGOs and other service providers for
1. A Follow-up Team shall conduct follow-up operation based on psycho-social intervention and other rehabilitation programs;
the results of the Preliminary Investigation conducted; f. The WCPD officer shall forward the investigation report,
2. The Follow-up Team Leader shall ensure that all leads are together with the relevant evidence, including the formal
explored. statements of witnesses and result of medico-legal examination,
3. The Team Leader must ensure that all additional evidences to the prosecutor for fi ling of appropriate criminal action under
gathered are processed and evaluated; the Act;
4. Linkages to other crimes are examined g. If victim-survivor is found to have manifestations of the
Battered Woman Syndrome which is validated by past police
Profiling – overall examination of case to get distinct leads records and testimonies from witnesses in interest, the WCPD
Method of Operation (MO) – habitual method or procedure; e.g. officer shall inform the Punong Barangay, the local social worker,
terrorist group’s specific method of operation or function. This is or the concerned NGOs, local professional or civic groups in the
Important for linking with other cases. area for appropriate psychiatric and psychological evaluation
Intelligence process – This is another method of linking cases which may form part of the evidence to be presented in court;
together. h. Assist in the application and enforcement of the provisions of
the protection order as may be issued by the barangay or the
f) When police operations result in injuries or death court;
1. Immediate evacuation of injured shall be made to the nearest i. Respond, with the assistance of other police personnel,
hospital; barangay officials, and other parties-in-interest, to a call for
2. In case of death and, if possible, depending on the availability emergency assistance to ensure immediate protection of the
of an Inquest Prosecutor, an inquest-on-site shall be made. victim-survivor by entering the dwelling if necessary, whether or
3. The Team Leader shall designate an investigator-on-case who not a protection order has been issued;
shall be assisted by the SOCO to process the crime scene; j. In case where the perpetrator is armed or in possession of
4. The Team Leader shall prepare Complaint Sheet and Transmit deadly weapon in plain view, cause the confiscation thereof with
to Prosecutor’s Office/DOJ without delay. the assistance of other police personnel;
5. When an Officer is injured or killed in action, the Chief of k. Effect the arrest of the perpetrator by virtue of a warrant
Office takes the responsibility of informing the personnel\s family issued by the court pursuant to existing laws. In the event that any
and facilitates compliance with all necessary requisites for proper crime under the Act has been committed, is being committed or
handling of the personnel’s hospitalization and other needs. about to be committed, or that any police officer has personal
knowledge of the facts indicating the commission of such time, it
shall be his or her duty to arrest the perpetrator even without the
strength of a warrant, provided the offender shall be processed in
accordance with Section 5, Rule 113 of the Rules of Court;
l. Except when the victim-survivor is deemed more secure to
stay in their place of residence, in which case the perpetrator has
been removed by virtue of protection order issued by the
CHAPTER 5 barangay or the court, the WCPD officer or any designated police
officer shall provide assistance to help facilitate the transfer of the
victim survivor to a safe place of her own choice, including the
I. INTRODUCTION removal of some of the victim-survivor’s personal belongings;
m. Monitor and follow up any case in violation of the Act that has
been filed in court. In this regard, the WCPD officer must maintain
a periodic assessment report of all cases reported to the police in
INVESTIGATION OF VIOLENCE AGAINST WOMEN AND THEIR violation of the Act; and
CHILDREN (VAWC) AND OTHER CASES OF CHILD ABUSE n. Participate in multi-disciplinary mechanisms to help address
(Revised Philippine National Police Operational Procedures 2011) the protection needs of the victim-survivor of VAWC.

A. Investigation of Complaints and Reports Involving All Forms of B. Investigation of Complaints and Reports Involving Other Forms
Violence against Women and Their Children of Child Abuse
The PNP Women and Children Protection Desks (WCPD) in Police Officers, in coordination with the PNP Women and Children
coordination with the Local Social Welfare Development Office Protection Desks (WCPD) and Local Social Welfare Development
(LSWDO), shall conduct a timely, thorough and comprehensive Office (LSWDO), shall conduct an investigation on all cases of child
investigation of all cases involving violence against women and abuse committed within their respective area of responsibility,
their children, committed within their respective area of consistent with domestic laws, rules and regulations, and
responsibility, consistent with domestic laws, rules and international human rights.
regulations, and international human rights standards. They shall a. Police officers shall, upon receipt of a complaint or report or
observe the rules and procedures as provided in section 48 of the information that a child has been or is being abused, maltreated,
Implementing Rules and Regulations of RA 9262 (Anti Violence discriminated, exploited, neglected, or abandoned, or is under
Against Women and Their Children Act of 2004). “Children” refers imminent danger of being abused or exploited, shall take
to those below eighteen (18) years of age or older but are immediate action thereon, but under no circumstance shall be
incapable of taking care of themselves as defined under Republic beyond forty-eight (48) hours;
Act No. 7610. As used in this rule, it includes the biological b. Police officers shall immediately coordinate with the WCPD
children of the victim woman and other children under her care. and report the matter to the LSWDO.
c. In situations where immediate rescue operations are b. Explain to the child, in simple language and in the dialect that
necessary, the police officers and WCPD in coordination with the he can understand, the reason why he is being taken into custody
LSWDO and other stakeholders shall prepare the corresponding and the offense he allegedly committed;
rescue operations plan; c. Refrain from using vulgar or profane words and from sexually
d. The police officers, together with the WCPD, LSWDO and other harassing or abusing, or making sexual advances to the child in
stakeholders/authorities like the Barangay or Municipal or City conflict with the law;
Health Officer, Barangay Officials in the place where the incident d. Avoid displaying or using any firearm, weapon, handcuffs or
occurred or is taking place, the Barangay Human Rights Action instruments of force or restraint, unless absolutely necessary and
Officer or any officer of the Commission on Human Rights (CHR) in only after all other methods of control have been exhausted and
or near the area of operation shall, without delay, proceed to the have failed;
place where the child-victim is located and execute the rescue e. Refrain from subjecting the child in conflict with the law to
operations plan; greater restraint than is necessary for his apprehension;
e. Upon rescue of the child-victim, the law enforcers shall turn f. Avoid the use of unnecessary force;
over the child-victim to the LSWDO for protective custody; g. Search on a child in conflict with the law shall only be done by
f. The police officer, together with the LSWDO, shall ensure that a police officer of the same gender as the child;
the child-victim shall be immediately taken to the nearest h. Determine the age of the child;
government medical center or hospital or clinic for physical and i. Take the child immediately to the proper medical and health
psychological examination, treatment and/or confinement; officer for a thorough physical and mental examination. The
g. The police officer, in coordination with the LSWDO, shall examination results shall be kept confidential, unless otherwise
gather the necessary/relevant and material data and evidence to ordered by the Family Court. Whenever medical treatment is
support the filing of appropriate charges before the Prosecutor’s required, steps shall be immediately undertaken to provide the
Office and trial of the child-abuse case/s before the court; same; j.
h. The police officer shall ensure that the child-victim shall not be j. Turn over custody of the child to the LSWDO or other
subjected or exposed to multi-victimization in the course of accredited NGOs immediately but not later than eight (8) hours
investigation. Hence, the police officer shall see to it that the after apprehension and notify the child’s parents/ guardians and
interviews and statements of the victim shall be recorded and/or the PAO of the child’s apprehension;
video-taped; and k. When the child is fifteen (15) years or below, he shall be
i. Investigation of child abuse cases shall be assigned preferably immediately released to his parents or guardian or nearest
to members of the Women and Children Protection Desk (WCPD) relative. However, if the child is above twelve (12) years of age up
or in their absence, the police officer of the same gender who has to fifteen (15) years of age and commits serious crimes such as
appropriate training on child rights, and investigation and parricide, murder, infanticide, kidnapping and serious illegal
handling of child abuse cases. detention where the victim is killed or raped, robbery with
homicide or rape, destructive arson, rape, or carnapping where
C. Right to Privacy of the Child and Confidentiality of Records the driver or occupant is killed or raped or offenses under RA 9165
The police officer shall at all times respect the right to privacy of (Comprehensive Dangerous Drugs Act of 2002) punishable by
the child and shall observe confidentiality of information and more than twelve (12) years of imprisonment, shall be deemed a
records pertaining to child rights cases he investigated or is neglected child under PD 603, as amended, and shall be
investigating, from the beginning of the investigation and/or initial mandatorily placed in a special facility within the youth care
custody of the child-victim and at all times thereafter, except facility or “Bahay Pag-asa” called the Intensive Juvenile
when the release of any information about the child’s case is Intervention and Support Center (IJISC). (Sec 20-A of RA 10630)
pursuant to an Order issued by a competent court. l. A child who violated local ordinances concerning juvenile
status offenses shall be considered as “child at risk” and not as
D.Procedure in the Rescue of Minors “child in conflict with the law”. Hence, no penalty shall be
a. Planning imposed on them for said violations, and they shall be instead
All police operations regarding rescue of minors who are victims brought to their residence or to any barangay official at the
or subject of physical, sexual, psychological abuse, exploitation, barangay hall to be released to the custody of their parents and
discrimination, negligence, and other forms of abuse, shall be appropriate intervention program will be provided. (Sec 20-A of
properly planned, in coordination with stakeholders concerned. RA 10630)
The plan shall be drawn and discussed in a pre-conference with m. Ensure that should detention of the child in conflict with the
national and/or local authorities such as: the Department of Social law be necessary, the child shall be secured in quarters separate
Work and Development (DSWD) or the LSWDO, female Police from that of the opposite sex and adult offenders. The child shall
Investigator, preferably from the WCPD or one trained in the not be locked up in a detention cell;
handling of investigation of child rights cases, the local police n. Take the statement of the child in the presence of:
units, police photographer, Public Attorneys’ Office (PAO), 1) The child’s counsel of choice or in the absence thereof, a
barangay officials, City and Municipal Licensing and Permit lawyer from the PAO;
Division, the Department of Health or the City or Municipal Health 2) The child’s parents, guardian, or nearest relative, and
Office, Barangay Human Rights Action Officer or officer of the 3) LSWDO;
CHR, and/or the DOLE. o. In the absence of the child’s parents, guardian, or nearest
For this purpose, the PNP shall activate a Rescue Team to be relative, and the LSWDO, the investigation shall be conducted in
headed by officer/s of the WCPD, in coordination with concerned the presence of an NGO, religious group, or member of the
national and/or local authorities mentioned above. Barangay Council for the Protection of Children (BCPC).
p. Ensure that all statements signed by the child during
b. Rescue operations investigation shall be witnessed by the child’s parents or guardian,
1. All police officers participating in the rescue operations shall social worker, or legal counsel in attendance who shall affix his
be in prescribed uniform. Should circumstances require that signature to the said statement;
certain police officer/s be in civilian clothes during the actual q. Record the following in the initial investigation:
operations, he must have the official identification card which he 1) Whether handcuffs or other instruments of restraint were
must show when required. used, and if so, the reason for such;
2. Upon arrival at the operation scene, the police officers shall 2) That the parents or guardians of a child, the DSWD, and the
properly introduce themselves and inform the people in the area PAO have been duly informed of the apprehension and the details
where the child-victim is located as to the purpose of their thereof; and
operation. 3) The exhaustion of measures to determine the age of a child
3. Police officer shall not use force unless necessary under the and the precise details of the physical and medical examination or
circumstances. In circumstances where reasonable force is the failure to submit a child to such examination.
allowed, the police officers/ rescue team shall ensure and/or
avoid collateral damage or hitting innocent civilians within the
vicinity of operations. F. Guidelines
4. The child-victim shall be handled preferably by a police officer The police officer shall at all times ensure respect for the rights of
of the same gender as the victim, who has appropriate training on the child in conflict with the law as provided in the Philippine
child rights, and in the investigation and handling of child-abuse Constitution, domestic laws, the Convention on the Rights of the
cases. Child and other related international human rights instruments.

E. Procedure to be Observed in the Handling of Children in SELF ASSESSMENT 5

Conflict with the Law (CICL) Instructions: Identify whether the following
From the moment a child is taken into custody, the law statements is TRUE or FALSE
enforcement officer shall: 1.” Children” refers to those below eighteen (18) years of age or
a. Properly identify himself as police officer and present the older but are incapable of taking care of themselves as defined
proper identification to the child; under Republic Act No. 9262.
2. Upon the receipt of complaint about violence against women interrogation practices. Understanding the correct processes and
and their children, any officer can conduct appropriate the legal parameters can make the difference between having a
investigation which includes, but is not limited to, taking the suspect’s confession accepted as evidence by the court or not.
formal statement of the victim survivor and collecting other With the above in mind, this chapter will focus on several salient
evidence necessary for the filing of the case under the Act. issues, including:
3. A periodic assessment report shall be submitted by the WCPD a. The progression from interviewing to questioning to
in every monitoring of case in of RA 7610 filed in court. interrogating, and how this progression relates to investigative
4. Upon receipt of complaint regarding VAWC cases, immediate practices
action shall be taken not later than 72 hours. b. The junctures that demonstrate the need to change from
5. When the child is fifteen (15) years or below, he shall be interviewing a witness to questioning a detained suspect to
immediately released to his parents or guardian or nearest interrogating an arrested suspect
relative. c. The issues of physical and mental distress, and how to avoid
the perception of officer-induced distress during an interrogation
d. The seven elements to review to prepare an interrogation plan
e. The five common reasons arrested suspects waive their right
to silence and provide statements and confessions
REFERENCE f. The interrogation strategies to initiate statements using the
Revised Philippine National Police Operational Procedures 2011 motivations within the five common reasons
g. The three types of false confessor and strategies to deal with
false confessions
h. The additional rights of young offenders and practices
required to meet the investigative obligations under Canada’s
Youth Criminal Justice Act
i. Ancillary offence recognition

B. Basic concept of interview and interrogation

Interview Defined
Learning Objectives:
It is a simple and friendly questioning of people who have the
At the end of the unit, the students should be able to:
information officially needed by investigators. In interview, the
Explain the basic concept of interview and interrogation
person being questioned is usually ready, willing and able to talk
Determine the difference of interview and interrogation
freely, thus, providing this testimony on how the criminal incident
Identify the characteristics of an effective
took place, offering information in his own manner and wordings.
interviewer/interrogator
Explain the principles and importance of interview/investigative
Interrogation Defined
interview and interrogation in field of criminal investigation.
It is the vigorous or aggressive questioning of a person
Enumerate the types of interview used in criminal cases
suspected of having committed an offense or of a person who is
Identify the interview process, steps and interview format in
reluctant or unwilling to make a full disclosure of information in
conducting an interview
his possession, which is pertinent to the investigation of criminal
Identify the rules to be observed in questioning
case.
Enumerate and perform the interrogation techniques and main
It is the confrontational questioning of the suspect about hi
questioning techniques
participation in crime. It is confrontational in the sense that the
Methods of reproducing an interview/interrogation
investigator places the guilt on the suspect. This process is also
Explain the philosophy of interview and interrogation
applied to an uncooperative witness/es.
It is an art employed in questioning of suspects for the purpose
of eliciting or obtaining facts that usually to his admission and/or
confession about the commission of a felony or offense.
CHAPTER 6
Difference of Interview and Interrogation

INTERVIEW INTERROGATION
1. Non-accusatory 1. Accusatory
2. Dialogue - question and answer format 2. Monologue - discourage t
3. Goals ready to tell the truth
a. Elicit investigative and behavioral information 3. Goals
b. Assess the subject's truthfulness a. Elicit the truth
A. Introduction c. Profile the subject for possible interrogation b. Obtain a court-admissible
In modern day policing, interviewing, questioning, and 4. Note-taking following each response that the suspect is guilty
interrogation techniques are measured, objective, and ethical. 4. No note-taking until after
They are aimed at the goal of discovering the truth; not just
getting a confession to a crime. This is a contrast to earlier times
of policing, when techniques called the “third degree” sometimes
involved threats, intimidation, coercion, and even physical Characteristics of an Effective Interviewer/Interrogator
violence. Fortunately, these “third degree” techniques were Many of the emotional and intellectual traits of an investigator
identified in the United States by the Wickersham Commission in are especially valuable in communicating with others. Presenting a
1931, as being unlawful police practices that caused false favorable appearance and personality and establishing rapport
confessions and miscarriages of justice, where suspects were are more important than physical attributes. Sometimes,
sometimes wrongfully convicted and imprisoned (Head, 2010). however, it is an advantage to be of the same race or gender as
Emerging from this, police forces across North America, who were the person being questioned. Under some circumstances, it is
using the “third degree” techniques to varying extents, started better not to wear a uniform. Sometimes a suit or jeans are more
moving towards less oppressive and less aggressive methods of appropriate.
interrogating suspects (Gubrium, 2002). 1. Adaptable and culturally adroit
While there has been a significant evolution to more objective and The culture and educational background and experience of an
ethical practices, the courts still remain vigilant in assessing the investigator effects his ability to understand people from all walks
way police interview, question, and interrogate suspects during of life, to meet on their own level on varied subjects and to adapt
criminal investigations. The courts expect police to exercise high to their personalities, backgrounds and lifestyle.
standards using practices that focus on the rights of the accused 2. Self-controlled and patient
person, and minimize any physical or mental anguish that might Use self-control and patience to motivate people to talk. Be
cause a false confession. In meeting these expectations, the understanding yet detached, waiting for responses while patiently
challenges of suspect questioning and interrogation can be leading the conversation and probing for facts. Remain
complex, and many police agencies have trained interrogators and professional, recognizing that some people you interview may feel
polygraph operators who undertake the interrogation of suspects hostile toward you.
for major criminal cases. But not every investigation qualifies as a 3. Confident and optimistic
major case, and frontline police investigators are challenged to The investigator should not assume that because the person he is
undertake the tasks of interviewing, questioning, and questioning is a hardened criminal, has an attorney, is belligerent
interrogating possible suspects daily. The challenge for police is or is better educated than him that no opportunity exist to obtain
that the questioning of a suspect and the subsequent confession information. The investigator should show he is in command, that
can be compromised by flawed interviewing, questioning, or he already know many answers and that he wanted to
corroborate what he know. If the conversation shifts away from the victim and bring justice in a more efficient and timely manner
the subject, steer the discussion back to the topic. than a contested court case.
4. Objective
The investigator must maintain his perspective on what is sought, Types of Interview used in Criminal Cases
avoiding preconceived ideas about the case. Be aware of any 1. Background Interview
personal prejudices that can interfere with his questioning. This is the kind of interview that is focused only in obtaining data
5. Sensitive to individual rights regarding the personal background of the subject, the simplest
The investigator must maintain a balance between the rights of type of interview used in criminal case.
others and those of society. Naturally, suspects do not want to 2. Subjective Interview
give information that conflicts with their self-interest or threatens This type of interview wherein the questions are phrased in a
their freedom. Moreover, many citizens want to stay out of their manner such that the subject’s answers are based on his personal
people business. Use reason and patience to overcome this opinions or views.
resistance to becoming involved. Questions are designed to deal with the subjective aspect of the
case.
6. Knowledge of the elements of the crime 3. Objective Interview
The investigator should know what information he needs to prove In this type of interview, questions are designed to acquire the
the elements of the crime that he is investigating. Phrase basic and specific data or facts regarding a criminal case. This is
questions elicit information related to these elements. the type that complies with the 6 cardinal points of criminal
investigation.
C. INTERVIEW
It is a simple and friendly questioning of people who have the The interview process
information officially needed by investigators. In interview, the While it’s discrete phases may be broken down and labelled
person being questioned is usually ready, willing and able to talk differently, there will be little variation in the precise structure of
freely, thus, providing this testimony on how the criminal incident a properly structured investigative interview. Over years of
took place, offering information in his own manner and wordings. practice a robust and efficient questioning framework has been
constructed comprising a number of key stages. These should be
Investigative Interview followed in a systematic way. The process for this is set out below,
Acquiring and applying investigative interviewing skills can be and while it may appear to flow in only one direction, there may
both complex and challenging. It requires the use of enhanced be times when an investigator has to go back to an earlier stage.
communication skills and the ability to be open and An example of this would be where, during questioning, the
compassionate, even in the most demanding of situations. suspect changes their story and admits guilt in the face of
Interviewers need to be able to plan, to apply structure and to challenging evidence presented by the interviewer. This will
show discipline throughout. They need to be able to reflect require going back to the “account” phase and inviting a new
critically on their own performance and be willing to understand explanation from the suspect as to what happened. Nevertheless,
intricate psychological processes. Even when acquired, such skills the success or otherwise of each phase will significantly influence
can easily be lost or dulled if they are not valued, encouraged, the following stage. Each phase is set out separately below.
promoted or quality assured by supervisory and senior officers.
Nevertheless, as this guide demonstrates, significant A brief note on building rapport
improvements in interviewing techniques can be achieved by It is essential that as an interviewer you establish and maintain
taking some simple but critical steps. It is open to all police rapport with those whom you interview. This means adopting an
officers to benefit from the vast amount of scientific research and open and interested approach that treats the person with respect
skilled practitioner experience that has gone into informing this and is not influenced by personal views or bias. This approach
approach to successful criminal investigation. Police officers are shows a genuine interest in the interviewee and is supported by
pragmatists. In carrying out their policing responsibilities they the interviewer being communicative and helpful. It does not
want to know what works. This guide shows “what works” and mean that you like the interviewee or share their values or views.
provides police officers with a basic resource to make Your personal feelings should not affect your approach or stand in
investigative interviewing work for them. Admittedly, it cannot by the way of building rapport and trust, which have been shown to
itself turn all officers into accomplished investigative interviewers. motivate interviewees, even hardened terrorists, into divulging
However, it provides a firm basis from which to enable police accurate, reliable and important information. Rapport is a
officers to bring tried and tested methods into their professional fundamental requisite for good interviewing. Building rapport is
practice. This will not only increase police effectiveness in critical. Skilled interviewers with experience of dealing with the
investigations but will also enable officers to deliver the human most serious and hardened offenders, including terrorists, all
rights based policing that all citizens desire and deserve. emphasize the need to build rapport in order to obtain
information. Do not confuse “rapport” as meaning that you in any
Principles of investigative interviewing way condone the offences under investigation or that you have a
1. The aim is to obtain accurate, reliable and comprehensive personal liking for the person being questioned. Look for
information opportunities to empathize with the suspect, where for example
· The purpose of the interview is to obtain a full, truthful and they may refer to some difficulty they are experiencing in relating
accurate account of what has transpired and other pertinent information or stress they feel over being interviewed, which allow
information of which the interviewee has knowledge. you to acknowledge these feelings and express understanding.
2. Maintain an open but investigative mind that accepts the
innocence of a person until proven guilty
· The interviewer must not allow personal or preconceived 1. Planning
views to have influence but must instead maintain an open mind. Proper planning is the foundation to conducting a good interview.
This will enable a more investigative approach that allows for the It is essential that you are clear as to what you want to achieve
questioning of accounts to uncover a complete and reliable from the interview – what your aims are. There may be a need to
version. In so doing the interviewer can test the account given test certain information already in your possession. There may be
against information already in their possession. aspects of the crime that you are seeking to clarify or prove. You
3. Behave impartially and with respect for the dignity of all may need to establish whether a robust alibi exists or how this
· It is essential that the interviewer behave at all times in a can be challenged. You may be searching for additional evidence
professional manner that is compliant with the human rights of and want to know where it might be secured. Being prepared
the suspect and is responsive to individuals who may have special increases the likelihood that you will be able to get the
needs. information that you need from the suspect. If you are not
4. You can ask whatever questions you wish provided they are prepared, it is likely that you will “stumble” through the interview
pertinent to the investigation and convey a lack of confidence and certainty as to what you are
· You are required to investigate the crime in question and to doing. No matter how little time you think you have, you must
that end are free to ask any question that is relevant to the always make time to prepare.
resolution of the case.
5. You do not need to accept the answer given and can persist in To begin, ensure that you have as in-depth a knowledge of the
questioning provided such questioning does not become crime being investigated as possible. This includes not only the
oppressive circumstances of the case but also all the information available
· The interviewer can probe and challenge accounts given in (forensics, statements, expert opinion) and a knowledge of the
order to clarify contradictions and inconsistencies in their search legal definition of the crimes under investigation including the
for a truthful and accurate account. proof needed to support a prosecution. You should also know as
6. Recognize that a truthful confession of guilt has benefits both much as possible about the personal history of the suspect,
for the justice system and the victim including any criminal records.
· While you must be cautious as to the possibility of a false
confession, an admission of guilt can limit anxiety and stress for
You will need to be adaptable as something may occur their explanation of any information that may suggest that they
spontaneously in the interview that requires you to think and act are responsible for the crime under investigation. Give the suspect
immediately, perhaps requiring a different tactic. It is usually time to think and reflect during their account and do not feel that
better to have two interviewers and ideally one should be female you need immediately to fill the “space” created by any pause.
if you are interviewing a female suspect. However, this requires Allowing silence can be an effective tool, if used properly, to
planning and agreeing on each role: who will make the encourage the interviewee to expand on what has been said and
introductions, who will provide the explanations, who will lead, to add extra detail or give a further account of events. It is
when the other interviewer might intervene, etc. You need to plan important to encourage the suspect to give their account and not
for how you will respond to the suspect when they deny guilt, to interrupt, even where you already doubt aspects of its
admit guilt or simply refuse to co-operate and remain silent. If the truthfulness or accuracy. Remember you are allowing the suspect
suspect denies being involved, is this because they claim to have to give “their” account, as this will provide information that can
been elsewhere at the time, or do they claim that they have been later be checked and may point to their guilt or innocence.
wrongly identified, or will they offer defenses (for example, the You will need a record of this account, not only as evidence, but
stolen property was theirs, their actions were in self-defense, they also to allow you to relate back to the suspect critical points that
were acting reasonably but were misinformed)? You need to they have made, and that you will later clarify or challenge, where
consider possible responses from the suspect and how you will the details are in contradiction to other information already in
deal with these in your search for the “truth”. Plan your disclosure your possession. You can help ensure that the suspect is aware of
of evidence. At what juncture is it best for you to tell the suspect their own statements by repeating back to them a summary of
something of what you already know and seek their response? what they have said. Give them an opportunity to agree with the
summary or amend it as (they feel is) appropriate.
2. Preparation Remember that your body language and simple comments can
Preparation also entails being psychologically ready for the work to encourage the suspect to give a more detailed and full
interview. You need to be prepared to address the behaviors of account. This includes showing signs of interest and that you are
the suspect positively, even where they may frustrate or challenge actively listening to what they have to say. This can be shown by a
you. Your focus should be on maintaining rapport and promoting simple nodding of the head or commenting “that’s interesting” or
an environment that will be most conducive to allowing you to “I see”
achieve your aims. You must also be aware of your own emotions
and feelings and how you contain and control these in a way that 5. Questions
does not impede the progress of the interview. Remember that From the suspect’s account you will identify areas that require
the lead interviewer may give way to their colleague where you to prompt them into giving further detail. You may need them
personality or temperament appears to be impeding the building to provide more specific information and throw light on areas that
of rapport with the suspect. Preparation also demands devising an remain unclear or about which they appear ambivalent. As you
optimal physical environment, with the available resources, in encourage the suspect to explain further you should continue to
which to conduct an interview. You need to consider where the focus on using open-ended questions to elicit as much
interview will take place: for example, how to lay out the information as possible, without shaping or constraining their
interview room and access the right recording material or responses. At the beginning you may not be directly challenging
equipment. Even the seating plan of the interview needs to be the suspect but rather letting them know that you need further
thought through and may change depending on who will be in the information and they should proceed until they feel that they
room at the time, what you are trying to achieve, and any special have given “their” full account. After this you will raise your own
features or requirements of the suspect themselves. You will need points as you will have a number of pieces of evidence to establish
to ensure that there is nothing to distract you or the suspect in regard to the crime. You will wish to introduce evidence that
during the interview and that the room is quiet, private and free may not already have been explained by the suspect in their
from unnecessary interruption. You should not allow yourself to account and seek their explanation as to, for example: why they
be distracted or flustered by the presence of a third party, such as were at the crime scene, why their fingerprints were found on the
a legal adviser, interpreter or accompanying adult in the case of door handle or why the stolen property was in their car. You can
juveniles. These individuals have defined roles that you need to also present physical evidence or photographic images as part of
consider in your planning stage and clarify with them as you your questioning, for example: “Do you recognize this
prepare to conduct the interview. screwdriver?” You will have already prepared your “exhibits” and
planned how to introduce them into your questioning. As you use
your information tactically you will have given the suspect the
3. Introduction opportunity to “explain” or account for it before disclosure. For
Remember your need to establish and maintain rapport and that example, if their fingerprints were found at the scene of a crime
this begins from your very first introduction to the suspect. This that occurred on a Tuesday, you might ask how they spent that
will be supported by your show of interest in the suspect and Tuesday. Do they admit to being at the scene or claim to have
concern for their well-being. You are not trying to be their been elsewhere? If you begin by saying “your fingerprints were
“friend”; rather, you are dealing with them in a way whereby they found at the scene” then they may construct a reason as to why
can see that you respect them as a person and understand the they were there in response. Remember that you are always
stress and problems associated with the situation in which they questioning with an open mind. You need to hear what the
now find themselves. suspect has to say by way of explanation rather than assume that
· Introduce yourself by name and rank and similarly identify you know the reason for these facts. The suspect may have a
any other police officers and officials present. Explain what your plausible and innocent explanation that equally fits all the facts.
and their roles will be during the process. After this you may need to move on and address areas where
· Explain why they are being interviewed. Depending upon there are inconsistencies between the account given by the
your national laws, it may be appropriate to caution them at this suspect and evidence or information already in your possession.
point. Regardless of whether or not this applies, be sure to inform These points will have different evidential value in helping to
the suspect, in clear terms and in a language that they prove (or disprove) that the suspect is guilty of the offence. One
understand, about the crime(s) they are suspected of having approach is to start with the lesser-value points and proceed to
committed and what you will be questioning them about. those that are most probative.
· Explain what will happen in the course of the interview,
namely how the interview will be conducted. You should also A brief note on building rapport
inform the suspect that they may be questioned on other matters You need to be aware of how to frame your questions as this will
that may arise during the interview in order to explain certain have a direct and significant impact on the nature of the responses
facts and matters. that you receive. As a general rule your questioning should be
· Explain to them their rights, including their right to legal clear and concise, as you do not want to confuse the suspect with
counsel and the point at which this applies according to your jargon or by raising a number of distinct and separate points at
domestic laws. the same time. There are several different types of
· Ask the suspect whether they have any questions at this questioning: open-ended; closed; forced-choice; multiple; leading.
point or if there is anything that they need (such as a toilet break
or water). In particular, be sure that they understand what you You will need to decide on the way in which you seek clarification
are saying. to contested information. This will depend partly on your
· All of the above, delivered in a clear, comprehensible and understanding of the suspect and the relationship that you have
open and respectful manner, is important in establishing rapport. built up during the interview. An example might be where the
suspect has said that they were at one place – X, but you have a
4. Account witness who saw them at another place – Y. You may choose to
After you have finished your introduction and checked directly confront the suspect, saying: “That’s untrue; we know you
appropriately that the suspect fully understands what is expected were at Y. Why don’t you admit it?” While this may lead the
of them, you should present them with the opportunity to give a suspect to concede the point, they may deny it, making it more
detailed and uninterrupted narrative account. This should include difficult for them later to admit it, and the rapport may begin to
deteriorate, causing them to be less inclined to divulge any It is an art employed in questioning of suspects for the purpose of
information. You could equally deal with the same discrepancy by eliciting or obtaining facts that usually to his admission and/or
saying: “We have a problem here, because there is a very reliable confession about the commission of a felony or offense.
witness who saw you at Y at the time that you say that you were An interrogation, in law enforcement, is when a representative
at X. Maybe we can explain this? Maybe there is something else from the agency collects information about a crime by questioning
that you’d like to say that can help us to clear this up?” In this suspects, victims, or witnesses. The ultimate goal to an
latter example the use of “we” helps maintain rapport and gives interrogation is to solve the crime.
the impression that you and the suspect are working together to An interrogation with a suspect can last a few minutes to several
clarify what really happened. You can follow up the suspect’s hours. An important factor to interrogations is that law
account, where it is still in contest with the evidence presented by enforcement agents can continue questioning suspects until they
using closed questions, for example by asking: “Do you still claim ask for a lawyer, which is a right under the Miranda Rights.
that you were not at Y?” The suspect will become aware of the Additionally, the law enforcement agents are not allowed to use
weight of evidence against them as you strategically disclose it in cruel and unusual punishment during the interrogation. Cruel and
the course of the interview. This may convince them that an unusual punishment includes using physical force on a detained
admission of guilt is then their best course of action. If the suspect suspect. Getting a suspect to answer questions during an
admits guilt, you should allow them to present a new account and interrogation can be challenging but law enforcement agents have
support a full and accurate disclosure by using open questioning to use lawful techniques when completing an interrogation.
and probing as necessary. You must remain calm, composed and
civil throughout the interview. Even if you must robustly challenge Purposes of conducting Interrogation
elements of the account given by the suspect, do so without 1. On the part of the suspect, it is to extract a confession or
hostility or aggression. admission
2. On the part of the uncooperative or unwilling witness, it is to
extract the information

6. Closure Interrogation Techniques

Closing the interview is a significant stage and not to be done 1. The “Open Technique”
quickly in the belief that the interview ends when you’re The interrogator is open and direct in his approach and makes no
questioning is complete. There are a number of important points attempt to conceal the purpose of the interrogator.
to cover. The first of these is to ask the suspect if they have
anything they would like to add to their account, anything they 2. The “Common Interest”
would like to clarify or if they have any questions to ask. The interrogator must exert effort to impress the interrogee of
Remember that there may be a need to re-interview the suspect, their common interest. The officer must look or point out the real
so it is important to maintain rapport and a professional, advantages the interrogee may get if he/she cooperates.
respectful relationship. At this point, if you already know, inform
them of what you intend to follow up in future interviews. 3. Record File (We know all technique)
The interrogator prepares a file about the subject/source listing all
7. Evaluation known information (record should be padded to make it appear to
At the end of the interview, the first evaluation that you will make be very extensive). The information must contain the life story of
is whether or not you met the objectives that you had set for the the subject like his activities and known associates (Bio data or
interview during the planning phase. You will consider what resume of the subject is important). The “we all know” technique
actions are now necessary to move the investigation forward in is used in conjunction with the record file. During the approach,
the light of the suspect’s account, their responses to your the interrogator may ask the interrogee about a subject. If he
questioning and the information already in your possession. You refuses to cooperate, the interrogator may provide the answer in
may need to make further inquiries to test the veracity of order to impress him that the interrogator knows him very well
statements made, test defenses offered or locate and secure (all supposedly known).
evidence, including other potential witnesses or suspects. You
may need to consider the value of a follow-up interview and how
you can best prepare for this. The evaluation stage is also an
opportunity to reflect on your own performance. This includes not 4. Opposite Personality Technique
only critiquing areas that did not go well and would benefit from Also known as “Mutt and Jeff”; “Threat and Rescue”; “Bad Guy
attention but taking pride in what worked and what you will and Good Guy”; “Sweat and Sour”; “Sugar and Vinegar”; “Devil
continue to do. Such evaluations are improved when you have and Angel”.
access to a skilled third-party assessment whose feedback can be Mutt is the relentless investigator who is not going to waste any
built into your professional development plan and personal goal time because he knows the subject is guilty. Jeff, on the other
setting. hand, is obviously a kind-hearted man.

Steps in Conducting an Interview 5. Silent Technique

1. Preparation This is employed against nervous or the confident type of
2. Approach interrogee.
3. Warming-up How it is done:
4. Recounting a. Look at the interrogee squarely in the eye with sarcastic smile
5. Questioning for clarification (force him to break eye contact first).
6. Ending the interview b. The interrogee/subject may ask question but the interrogator
The Interview Format (Ironic) must not answer.
1. Identify c. Patience is needed.
2. Rapport d. When the interrogator is ready to break silence, he may do so
3. Opening Statement with a quiet and non-chalant question that the interrogee is sure
4. Narration of being a part of the subject.
5. Inquiry
6. Conclusion 6. Question Barrage Technique (Rapid Fire Questioning)
Rules to be observed in questioning This is intended to confuse the interrogee and put him into a
1. One question at a time defensive position. The interrogee becomes frustrated and
2. Avoid implied answer confused. Then, he will likely reveal more than he intended. Thus,
3. Simplicity of questions creating opening for further questioning.
4. Saving faces
5. Should not be answered by yes or no 7. Emotional Appeal
6. Positive attitude This is a technique where the investigator, combining his skills of
an actor and a psychologist, addresses the suspect with an
D.INTERROGATION emotional appeal to confess. This is applicable to first time
It is the vigorous or aggressive questioning of a person suspected offenders or those who are of the emotional type whose
of having committed an offense or of a person who is reluctant or characteristics are displayed by nervousness or emotional
unwilling to make a full disclosure of information in his disturbances. Devotees of a religion may belong to this type.
possession, which is pertinent to the investigation of criminal
case.
It is the confrontational questioning of the suspect about hi
participation in crime. It is confrontational in the sense that the 8. Sympathetic Approach
investigator places the guilt on the suspect. This process is also The investigator in his preliminary or probing questions must dig
applied to an uncooperative witness/es. deep into the past troubles, plight and unfortunate events in the
life of the suspect. An offer of help, kindness, friendliness, may they never committed. Several police departments are
win his cooperation. abandoning it for this reason.
a. Factual Analysis
9. Ticks and Bluffs Both an interview as well as an interrogation are facilitated by
a. The pretense of solid evidence analysis of investigative findings. Proper factual analysis assists
b. The weakest link the investigator in the following ways:
c. Drama · Eliminate improbable suspects
d. Feigning contact with family members · Develop possible suspects or leads
e. The line-up · Increase confidence in identifying truthful or guilty suspects
f. Reverse line-up through the interview process
· Identify proper interrogational strategies
10. Rationalization
It is the use of reasons, which is acceptable to the subject that led Factual analysis, on the other hand, is an inductive approach
to the commission of the crime. Thus, it may be said that where each individual suspect is evaluated with respect to specific
sometimes, killing is necessity rather than by purpose or design. observations relating to the crime. Consequently, factual analysis
Robbery may be necessity to feed a starving family. The relies not only on crime scene analysis, but also on information
application of this technique depends upon the nature of the learned about each suspect.
crime. Factual analysis, therefore serves not only as a means to
efficiently sort through and classify a large group of suspects, but
11. Projection also as a quality control procedure for investigators in that it
It is the process of putting blame to other persons, not alone to requires consistency within independent evaluations. When both
the suspect. The murderer may blame the mastermind for assessments are consistent, the investigator can have a great deal
corrupting him with big sums of money, or the mastermind of confidence in either eliminating a suspect from suspicion, or
blaming the greediness of the victim or the husband blaming the considering a suspect as more likely to be involved in the criminal
wife for her infidelity. Or that is a necessary evil as the victim is behavior.
planning to kill the suspect. Finally, factual analysis frequently will identify characteristics
about the suspect and the crime which will be helpful during an
12. Minimization interrogation of the suspect believed to be guilty. Examples of
It is the act of minimizing the culpability of the suspect. The some of these assessments include the probable motivation for
investigator convinces the suspect that a confession will reduce committing the crime, whether or not the crime was spontaneous
the offense and the penalty. Thus, it could be studied by the or premeditated, and whether or not the suspect acted alone or
investigator if there is a way to downgrade murder to homicide or in concert with others. Through factual analysis the suspect's
the introduction of mitigating circumstances with the result of the personality type can also be evaluated, which will often suggest
penalty being within the range of probation. particular interrogational strategies that may be effective, and
other strategies which should be avoided.

13.Mr. Big b. Behavior Analysis Interview

Mr. Big is also called the Canadian Technique because it was A Behavior Analysis Interview (BAI) consists of a fairly structured
developed by the Royal Canadian Mounted Police in the 1990s. non-accusatory question and answer session with the suspect.
The tactic is time-consuming and only used as a last resort for During the 30 - 40 minute interview, the investigator begins by
uncooperative suspects the police know are guilty. The police find asking background questions such as the suspect's address, age,
where the uncooperative suspect hangs out. An undercover marital status, and occupation. In addition to establishing
officer befriends the suspect and, after several visits, asks if the personal information about the suspect, these questions also
suspect is interested in some “jobs” from the officer’s permit the investigator to evaluate the suspect's "normal" verbal
“organization.” The suspect, who is usually a person of shady and nonverbal behavior such as the latency of the suspect's
character, says yes. response to questions, the nature and degree of eye contact, as
The jobs start off as smaller tasks like recovering vehicles from well as general demeanor and posture. After the suspect's normal
people owing the organization but soon involve burglaries and behavior has been established, the investigator asks "behavior-
other crimes. During that time, the undercover officer will provoking" questions which are designed to elicit different verbal
converse with the suspect until the latter reveals details of the and nonverbal responses from truthful and deceptive suspects.
crime being investigated. Interspersed with behavior-provoking questions are investigative
The undercover officer introduces the suspect to the boss of the questions which evaluate the suspect's alibi, reported opportunity
organization several months later. The boss, of course, is another and access to commit the crime, explanation for incriminating
undercover officer. The first undercover officer revisits the details evidence, etc. Regardless of the probable guilt of the suspect, the
of the crime he had earlier gleaned from the suspect and coerces investigator does not accuse the suspect of lying during a Behavior
the suspect to confess to the boss. Analysis Interview.
The suspect will usually refuse to talk, but the boss will insist on The BAI serves several important functions. Primarily, it provides
knowing the details of the crime because he wants to know objective criteria to render an opinion about the suspect's
everything about his new man and does not want surprises. The truthfulness through evaluating responses to the behavior-
boss sends the suspect away if he still refuses to talk and does not provoking and investigative questions. In addition, the BAI
give him more work. facilitates the eventual interrogation of guilty suspects. This is
The undercover officer contacts the suspect again weeks later. done by establishing a working rapport with the suspect during
The suspect is desperate at this time and wants more work, so he the non-accusatory BAI, and developing insight about the suspect
becomes cooperative and reveals the details of the crime to the and his crime to facilitate the formulation of an interrogation
undercover officer. He repeats the confession to the boss, after strategy. The latter procedure is referred to as "profiling" the
which he is arrested. suspect for interrogation.

14. The Reid Technique 15. Leading and Loaded Questions

The Reid Technique is one of the primary interrogation techniques Interrogators ask lots of questions during interrogations. One
used by the police. The technique is long, complicated, and category of these is called leading questions. These are questions
involves several strategies. The interrogation starts with the that force the suspect to give specific answers. Interrogators
officer telling the suspect that the evidence points to his guilt. choose their words carefully when asking leading questions.
However, he takes care to not actually blame the suspect for the For instance, an interrogator could ask, “Did you see the man in
crime. the black-and-white overalls?” The use of “the” instead of “a” has
The officer engages the suspect in a one-sided conversation. The made the question a leading question. The suspect could have just
suspect is not given permission to talk during the conversation said he didn’t see any man wearing black-and-white overalls if an
because he will always deny the accusation, especially when he is “a” was used.
guilty. And it could be difficult to get the truth thereafter. The But a “the” means the man in black-and-white overalls was there.
suspect talks anyway and tries hard to prove his innocence. Now the suspect has to think about the incident. The thing is,
The interrogator is sympathetic toward the suspect during the though, that the police could ask this sort of question even if a
conversation. He reinforces the suspect about his supposed man wearing black-and-white overalls was never at the scene.
innocence and will even remind him that the crime could have A similar tactic involves the use of loaded questions. Loading
been committed by somebody else. While at it, the officer closely questions assume that certain facts are true, even if they are not.
observes the suspect for behaviors that indicates he could be For instance, an interrogator could ask, “At what time last night
lying. did you drive away in the getaway car?” or “What were the two of
The Reid technique has been criticized because it is usually long, you arguing about that ended in you hitting him?”
coercive, and confrontational. The interrogating officer also tells a The first questions implies that the suspect was in the getaway
lot of lies. This has caused innocent people to admit to crimes car. The other question accuses the suspect of hitting another
person, even if he never did. There are also dichotomous withheld as “hold back evidence.” This hold back evidence is not
questions that require “yes” or “no” answers and multiple-choice made part of reports or media release, and is kept exclusively to
questions that give the suspect more possible answers but still test for false confessions. Confessing to the crime is one thing, but
limit the responses to a certain number of choices. confessing to the crime and revealing intimate details is much
more compelling to the court. Regardless of the effort and care
16. Lies that investigators take to not end up with a false confession, they
The police are allowed to lie to you and they often do. Police tell still occur, and there are some more common scenarios where
all sort of lies to coerce suspects to confess. They could claim they false confessions happen. It is important for an investigator to
have fingerprints, DNA evidence, or eyewitnesses who saw the consider these possibilities when a confession is obtained. These
suspect commit the crime, even when they do not. One of the situations are:
most coercive lies involves assuring the suspect that whatever
they say will not be used against them in court. Another involves 1. The confessor was enlisted to take the blame — On occasions
the false revelation that an accomplice already confessed and where persons are part of organized crime, a person of lower
implicated the suspect. Then they offer to help the suspect if he status within the group is assigned or sacrificed to take the blame
confesses. for a crime in place of a person of higher status. These
Police could also tell the suspect that a lie will put him in more organizational pawns are usually persons with a more minor
trouble or other people in trouble. They can also give fake tests criminal history or are a young offender, as they are likely to
and lie about test results. Some suspects are made to take fake lie receive a lesser sentence for the offence.
detector tests and given fake results that will usually show they
failed. 2. The Sacrificial Confessor — Like the confessor enlisted in an
During tense interrogations, police could offer to switch the organized criminal organization, there is another type of sacrificial
recorder in the interrogation room off in an attempt to coerce the confessor; the type who steps forward to take the blame to
suspect into making an unrecorded confession. While they might protect a friend or loved one. These are voluntary confessors, but
truly have stopped recording, they probably haven’t. Besides, their false confession can be exposed by questioning the
interrogation rooms often have several cameras on them, so confessor about the hold back details of the event.
switching one off is no assurance that the rest are off.
Police could also trick a suspect into giving them DNA samples 3. The Mentally Ill False Confessor — This type of false confessor
without asking. They do this by offering the suspect a can of soda, are encountered when there is significant media attention
a cup of coffee, or water. They later extract DNA from the saliva at surrounding a crime. As Pickersgill (2015) noted, an innocent
the tip of the cup or can. person may voluntarily provide a false confession because of a
pathological need for notoriety or the need to self-punish due to
17. PEACE guilt over an unrelated past offences. Additionally, those suffering
PEACE means Preparation and Planning, Engage and Explain, from psychosis, endogenous depression, and Munchausen
Account, Closure, and Evaluate. It is an interrogation technique Syndrome may falsely confess to a crime they did not commit
mostly used by police officers in the UK and New Zealand. (Abed, 2105). As with other false confessors, these people can be
The idea is to make the interrogation look more like an interview discovered using hold back detail questioning.
than a regular interrogation. It involves lots of talking. The
interrogators ask lots of questions and make the suspect talk for Requirement of the interrogation room
as long as possible. They become friendly with the suspects while a. Private
carefully coercing them to confess. b. Simple
The interrogator also asks the suspect to recall everything he c. Devoid from ornaments
remembers about the incident. Then they compare whatever the d. Technical aids
suspect says with what they already know. They also zero on
interesting details from the suspect’s statements and ask more Prior to beginning the actual interrogation, the investigator should
questions. prepare an interrogation plan by:
1. Reviewing the suspect’s profile, criminal record, and past
18. Use of technology investigation
2. Reviewing the full details of the existing investigation to date
Nine Steps of Interrogation 3. Determining the elements of the offence that will need to be
1. The Positive Confrontation proved
2. Theme Development 4. Determining if sufficient evidence has already been obtained
3. Handling Denials to submit a prima facie case
4. Overcoming Objections 5. Examining evidence that demonstrates motive, opportunity,
5. Procurement and Retention of Suspect's Attention and means
6. Handling the Suspect's Passive Mood 6. Determining what evidence was located and considered in
7. Presenting an Alternative Question forming reasonable grounds to arrest the suspect
8. Having the Suspect Orally Relate Various Details of the Offense 7. What physical evidence has been found that may yet be
analyzed to prove the suspect’s involvement
Dealing with False Confessions
As noted, the goal of ethical interviewing, questioning, and The Interrogation Session
interrogation is to elicit the truth, and the truth can include 1. Interrogation session offers the suspects opportunity to clear
statements that are either inculpatory confessions of guilt or him or to spill everything and hope for the best.
exculpatory denial of involvement in a crime. Whenever an 2. Investigator conducting the interrogation must:
investigator has interrogated a suspect, and a confession of guilt a. Be prepared
has been obtained, that investigator needs to take some b. Be up to date on the reconstruction of the crime
additional steps to ensure that the confession can be verified as c. Be cognizant of the facts secured in parallel inquiries into
truthful before it goes to court. These additional steps are motive and opportunity
required because, although the investigator has not used any d. Know as much as possible about the suspects and the facts
illegal or unethical techniques, the court will still consider whether connecting him or her with the crime
the accused, for some reason, has confessed to a crime they did e. Know the finding of the criminalist who examined any physical
not commit. A skilled defense lawyer will often present arguments evidence that has been collected.
alleging that psychological stresses of guilt or hopelessness from f. Be certain that the suspect is not in an emotional stated that
exposure to overwhelming evidence have been used to persuade might impair his or her capacity for rational judgment.
a suspect to confess to a crime they did not commit. In such cases,
it is helpful for the court to hear any additional statements made Stages of the Interrogation Session
by the accused, such as those that reveal that the suspect had 1. Initial Stage- (Introductory Part)
direct knowledge of the criminal event that could only be known Introduction of the material necessary to establish the integrity of
to the criminal responsible. the interrogation. Clearly state the reason for the suspects’
presence and establish the crime about which he or she is to be
In police investigations, there are many details of the criminal questioned, the name of the victim and the time and place of the
event that will be known to the police through their examination commission of the crime.
of the crime scene or through the interview with witnesses or Level up with the suspect by indicating or explaining that the
victims. These details can include the actual way the crime was interrogation is not an attempt to deceive but an inquiry being
committed, such as the sequence of events, the tools used in the conducted because the evidence has indicated his knowledge or
crime; or the means of entry, path of entry/exit, along with other participation in the crime under investigation.
obscure facts that could only be known by the actual perpetrator. 2. Focusing Stage- (Main Body)
There are opportunities in a crime scene examination for the Questioned are concerned with the activity and whereabouts of
investigator to observe one or more unique facts that can be the suspect during the time of the commission of the crime.
Questions are concerned whether the suspect had even been at
the crime scene or in contact with the victim and under what
circumstances.
3. Concluding Stage- (Closing Part)
In case of confession, take a formal statement of the suspect. As
the classic concluding question such as “Is there anything else you
wish to talk about or any correction you wish to make in your
story at this time?”

Main Questioning Techniques

1. Chronological Questioning
a. The easiest technique
b. The interrogator is almost sure of getting all the necessary
information.
c. Start at very beginning of the crime by asking the ff:
i. The planning:
ii. The commission; and
iii. What happened after the crime was
committed.
2. Going Backward
Start questioning on the last known act, then backwards to the
idea of committing the crime.
Ask questions that elicit an acknowledgement of guilt and work
back (backtrack) towards the planning stage of the crime.
This is advantageous when suspect acknowledge his guilt at the
early stage. Once a suspect has committed himself, he is fearless
likely to talk at continuing with the details.
This techniques is somewhat harder than the first since most
people tend to think in terms of what happened first, then
second, and then the last.

Methods of reproducing an interview/interrogation

a. Mental notes
b. Written notes
c. Stenographic notes
d. Audio recording
e. Sound and motion recording

General Type of Recording

a. Overt transcript
b. Surreptitious transcript

A Philosophy of Interview and Interrogation

The RIGHT officer
asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and
in the RIGHT place
will get the RIGHT answers.