Additional Notes CDI 3N PDF

CDI 3 - SPECIALIZED CRIME INVESTIGATION 2 (WITH SIMULATION ON
INTERROGATION AND INTERVIEW)

COURSE DESCRIPTION: This course provides emphasis on the Constitutional Rights of
persons arrested, placed under investigation, search and seizure. It takes on the conduct of
Interview and Interrogation of suspects, person of Interest and witnesses and simulates on the
different crimes against person, economic crimes, and other special laws on transnational and
organized crimes. The evidence required and the report writing.
CHAPTER 1: INTRODUCTION TO CRIMINAL INVESTIGATION
The field of criminal investigation is as broad and varied as the criminal with the
ingenuity of those who constantly devise new patterns of crime. However, there are time
proven principles and techniques that the investigator applies, in different ways to the endless
assortment of situation that confronts the criminal investigator. The reality of criminal
investigation is far cry from the glamorized accounts of detective fiction in which the neatly
packed investigation is considered complete when the culprit has been plausibly implicated or
confessed. The tedious labor of interview, tracing, identification, interrogation, assembling of
proof, and presentation of testimony are the essence of effective investigation.
Methods of investigation are dictated by the nature of the crime and the procedures
permitted by the rules of laws. Most investigations begin with careful objective observations
that are the assembled, collated, and matched against applicable laws. If there is reason to
assume that a crime has indeed been committed, further investigation is undertaken using
more scientific methods and techniques. Technological advances have been incorporated into
criminal investigation as well.
A. Concept of Criminal Investigation
Criminal investigation is a branch of jurisprudence that uses scientific theories and
principles, including time-tested philosophical analysis. To uncover, collect and process facts
develop information that can lead the mind of any sensible person to see the truth.
It involves a legal search for people and things that can be used to reconstruct a crime
and the mental state of the offender. The objective is to determine the truth as far as it can be
discovered in any “post-factum inquiry”. This is done by gathering facts that can be used to
elucidate questions relating to a crime or involving a criminal case (Weston and Wells 1999)
B. Definition of Investigate
Etymology: Latin investigates, past participle of investigare to track, investigate, from in +
vestigium footprint, track
C. Different Definition of Criminal Investigation
 It is a legal inquiry, by virtue of a complaint to follow-up, examine, trace and search,
step by step, by patient, and meticulous observation, the fact of the commission of a
crime, the identity of the actors and the circumstances to the end that violators of the
law be brought to the bar of justice, and the innocent be relieved therefrom.
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INSTRUCTOR: JEFERSON JOSEPH FIANITOG
 It is the collection and analysis of facts about persons, things and places, subject of the
crime to identify the guilty party, locate the whereabouts of the guilty party, and to
provide admissible evidence to establish the guilty party involve in a crime.
 Is a lawful search for people and things useful in reconstructing the circumstances of a
crime and the mental aspect accompanying it (Weston)
 Legally defined as a branch of jurisprudence that applies the theories, principles and
time-tested practices of philosophical analysis, arts and sciences in judicial and extra-
judicial proceedings.
D. Criminal Investigation as a Science and as an Art
a. As an ART
It is an art that deals with identification and location of criminal offenders and then
providing their guilt through criminal proceeding. Some authors stressed that criminal
investigation I more than an art rather than a science because it is not governed by rigid rules
or principles. Most often than not, it is governed by intuition, felicity/inspiration and to minor
extent by change. This idea is based on the tradition made popular by the adventures of
Sherlock Homes, a fictional detective created by Sir Arthur Conan Doyle
b. As a SCIENCE
It is a systematic method of inquiry that is more like a science than art. Criminal
investigators primarily apply scientific knowledge, principles and methodologies in order to
discover, identify collect and process facts and evidence to promote justice. However, use of
scientific methods must be supplemented by the investigator’s initiative and resourcefulness in
finding solution to criminal cases. The sequence of investigation must follow a scientific
operating framework that requires imagination, innovation and creativeness on the part of the
investigator.
While good fortune occasionally plays a key in successful investigation, it should not be
relied upon. A competent investigator does not rely on luck but trusts his knowledge and skills
developed from experience, intuition and common sense. Thus, he must possess adequate
professional capabilities or set positive qualities.
c. As a PROCESS
It involves the systematic process of identifying, collecting, preserving, evaluating data
or raw facts to produce valuable information to prosecute a criminal offender that eventually
leads to proper administration of justice.
E. Contributors to Criminal Investigation (assignment)
1. Jonathan Wild
2. Eugene Vidocq
3. Henry Fielding
4. Sir Robert Peel
5. Inspector Thomas Byrnes
6. Allan Pinkerton
7. Juan Vucetich
8. Alphonse Bertillon
9. Francis Galton
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10. Sir Richard Edward Henry
11. Arthur Conan Doyle
12. Calvin H. Goddard
13. Hans Gross
14. Robert Heindl
15. Edmond Locard
16. Rudolph Reis
17. Harry Soderman
18. August Volmer
CHAPTER 2: THE CRIMINAL INVESTIGATOR AND CRIMINAL INVESTIGATION

A. The Investigator
 Groups:
Fictitious Investigators
Government investigators
Private Detectives
B. Goal of Criminal Investigation

The goal of criminal investigation would seem to solve cases, to discover ‘whodunit’. In
reality, the goals of criminal investigation are not quite so simple. To hold offenders to
account for their act, criminal investigation has several important goals.
The goals of criminal investigation are to:
a. Determine whether a crime has been committed.
b. Legally obtain information and evidence to identify the responsible person.
c. Arrest the suspect
d. Recover the stolen property
e. Present the best possible case to the prosecutor
C. Five Functions of Criminal Investigation

Criminal Investigation as a process, involving the following:
1. Identification of evidence
2. Collection of evidence
3. Preservation of evidence
4. Evaluation/processing of evidence
5. Presentation of evidence in the Criminal Case
D. Basic Function of Investigators
According to Prof. Basilio G. Cael & Atty. Juan L. Agas (2000), the numerous functions
among others performed by investigators include:
1. Providing emergency assistance
2. Securing the crime scene
3. Photographing, videotaping and sketching
4. Taking notes and writing reports
5. Searching, obtaining and processing physical evidences
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6. Obtaining information from witnesses and suspect
7. Identifying suspects
8. Conducting surveillances, stake out and undercover assignment, and
9. Testifying in court
E. Criminal Investigation. May start in three ways:
1. A report/information received about a criminal incident
2. The criminal complaint of the offended party; or
3. Spontaneous action or self-initiation by the police or any law enforcement agency
Based on the PNP’s Standard Operating Procedure, the police station desk officer must
do two things once he receives a criminal complaint or report.
1. Record the time the report/complaint was made, the identity of the person who made
the report, place of the incident and s synopsis of the incident.
2. Inform his superior officer or the duty officer regarding the report
F. Phases of Criminal Investigation

Investigation concerning a criminal case generally progress in three stages, usually
described as:
o Preliminary investigation
 Follow-up investigation
 Concluding investigation
1. Preliminary Investigation
The first officer who responds is in charge until relieved by another officer. The
same basic procedures are followed regardless of whether the first officer at the
scene is a patrol officer, an investigator or the chief of police.
The initial response is usually by a patrol officer assigned to the area where a
crime has occurred.
The response is crucial to the success of an investigation. Although it is popularly
believed that cases are won or lost in court, more cases actually are lost during the
first hour of an investigation-the initial response period-than in court.
It is important to arrive at a crime scene rapidly because
 The suspect may still be at or near the scene
 Injured persons may need emergency care
 Witnesses may still be at the scene
 A dying person may have a confession or other pertinent information to
give
 Weather conditions may change or destroy evidence
 Someone may attempt to alter the crime scene
The responding officers proceed to the scene as quickly as safety allows. Officers
who injure themselves or someone else on the way to a call may create more serious
problems that exist at the crime scene.
a. Conducting the Preliminary Investigation After all emergency matters have
been handled and the crime scene has been secured, the actual preliminary
investigation can begin. This includes several steps whose order depends on the
specific crime and the types of evidence and witnesses available.
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b. Responsibilities during the Preliminary Investigation include
 Questioning victims, witnesses and suspects
 Conducting a neighborhood canvass
 Measuring, photographing, videotaping and sketching the scene.
 Searching for evidence
 Identifying, collecting, examining and processing physical evidence
 Recording all statements and observations in notes.
2. Continuing/Follow-up Investigation
Preliminary investigations that satisfy all the investigative criteria do not

necessarily yield enough information to prosecute a case. Despite a thorough
preliminary investigation, many cases require a follow-up investigation. A need for a
follow-up investigation does not necessarily reflect poorly on those who conducted
the preliminary investigation. Often, factors exist that are beyond the officer’s
control.
Weather can destroy evidence before officers arrive at a scene, witnesses can be
uncooperative and evidence may be weak or nonexistent, even after a very thorough
preliminary investigation.
The follow-up phase builds on what was learned during the preliminary
investigation. This phase can be conducted by the officers, who responded to the
original call or, most often, by detectives or investigators. If investigators take over a
case begun by patrol officers, coordination is essential.
Investigation leads that may need to be pursued include:
 Checking the victim’s background
 Talking to informants
 Determining who would benefit from the crime and who had sufficient
knowledge to plan the crime.
 Tracing weapons and stolen property
 Searching MO, mug shot and fingerprint files.
3. Concluding Investigation
The direct outgrowth of the previous two stages
 case suspended
 case successfully concluded and prepared for prosecution
G. Elements of Criminal Investigation as a Process

The elements of criminal investigation are composed of five functions namely:
1. Recognition/identification
This activity involves the effort of identifying data, including physical things that
may provide relevant information regarding the criminal case being investigated. The
earlier the significant facts are identified, the sooner the case will be solved.
Significant thing that must be recognized maybe in the form of bloodstain at the
crime scene, neighbors who accidentally saw a burglary in process, or bank records
for drugs dealers.
2. Collection
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This is the act of gathering those identified data or facts or physical things that
are significant to the case under investigation. Collection maybe done by scraping
the bloodstain found at the crime scene, interviewing the neighbors who saw the
burglary or examination of drug’s bankbook.
3. Preservation
This is a function that is continuously performed during the collection stage. It
includes acts of keeping the collected pieces of evidence in their true and original
form. Preventing contamination or destruction of its substantive value. Preservation
does not only involve the process of packing physical evidences in order that they
can be safety transmitted to the evidence custodian or to the crime laboratory. It
covers the process of maintaining the objectivity of facts or information that has
been gathered from the testimony of witnesses, victim or other persons involved in
the criminal case.
4. Evaluation
This is the process of determining the probative value of collected pieces of
evidence. Probative value refers to the evidence or its worth in successfully
establishing a proof that a crime has in fact been committed and that the
suspects/accused is the one who is responsible for it.
5. Presentation
This function I primarily manifested inside the court. The investigator, with the
help of the prosecutor, must be able to present facts and other parties involved in
the criminal case about the validity and the truthfulness of the pieces of evidence
they are trying to prove or establish and that a crime was really committed.
H. Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation namely:
1. Investigation while suspect is under arrest and detention
2. Investigation while the suspect is “at-large” meaning not under arrest and detention
as distinguished from punitive from justice.
Criminal investigation is the action taken by the law enforcer after the arrest of the
offender or upon the written complaint of the offended party so that the perpetrator
maybe held accountable for the crime he has committed before the bar of justice.
Type of Investigation
1. Formal investigation - official inquiry conducted by the government agency in an
effort to uncover fact for truth
2. Inquest - to search the basic cause of an incident
3. Inquisition - a more historical description than the current usage to describe
penetrating investigation concerning religious issue.
4. Probe - similar to formal investigation but it is extensive searching inquiry conducted by
a government agency.
5. Research - most often employed to refer the careful, patient investigators, done by
scientist/scholars in their efforts to identify original source of data or cause of problem
6. Investigative reporting - a recent type of investigation conducted by the members of
the press on their own initiative
I. Modes of Criminal Investigation
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Criminal investigation are conducted through the use of three different responses,
namely; reactive response, proactive response and preventive response
1. Reactive response
 Addresses crimes that have already occurred. In this case, the investigators
typically respond to a crime, collect evidence, locate and interview witnesses, and
identify and arrest a suspected perpetrator.
2. Proactive response
 Anticipates criminal activity. Proactive response differs from reactive investigations
in two major points:
 The investigation is conducted before the crime is committed
 The suspect is identified before he/she commits the crime
3. Preventive response
 Prevention through deterrence is sometimes achieved by arresting the criminal
and by aggressive prosecution
J. The Six (6) Cardinal points of Criminal Investigation

In the performance of his duties, the investigator must seek to establish the six
cardinal points of investigation, namely: what, when, where, why, who and how.
1. Its importance are the following:

a. Assist the investigator and the desk officer in making brief statements of the fact in
the logbook and in reports.
b. Aid the investigator in searching the crime scene or other places which maybe serve
as source of evidence
c. Guide the investigator in formulating questions in interviewing complainant, witness
and other interested parties or in the process of interrogating a suspect.
d. Help the investigator in preparing the Modus Operandi report
e. Assist the investigator in furnishing a brief and concise criminal investigation report.
2. Remember to get the specifics
a. Who
i. Observed the crime
ii. Saw the suspects
iii. Committed the crime
iv. Had the motive to commit the crime
v. Accompanied the suspect
vi. Called the police
vii. Is/was the victim
b. What
i. Crime was committed
ii. Was stolen, damaged etc.
iii. Evidence has been located
iv. Statements were made
v. Additional information is needed
c. When
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i. Was the crime occur
ii. Did the crime occur
iii. Was the police notified
iv. Was evidence located
d. Where
i. Did the crime occur
ii. Was the evidence located
iii. Do the suspects live
iv. Do the witnesses live
e. Why
i. Was the crime committed
ii. Was the victim chosen
iii. Was the location chosen
iv. Was that specific property taken
f. How
i. Did the suspect get in
ii. Was the crime committed
iii. Was evidence discovered
CHAPTER 3: RELEVANT TOPICS IN FUNDAMENTAL CRIMINAL INVESTIGATION
Arrest came from the Latin word “arrestare” which means “cause to stop” and “restare” which
means “stay behind “. These terms were used as early as during the 14th century.
Search was derived from the Anglo-Norman word “searcher.” Old French cerchier which means
“to explore,” Latin word “circare” which means “go around in circles.”
Related terms:
Warrant of Arrest is an order in writing issued in the name of the People of the Philippines,
signed by a judge directed to a peace officer, commanding him to arrest the person designated
and take him into custody of the law in order that he may be bound to answer for the
commission of an offense.
Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after
returning the original warrant of arrest after the lapse of the 10 day validity period.
Search Warrant is another in writing issued in the name of the People of the Philippines, signed
by the judge and directed to a peace officer commanding him to search for personal property
and bring it before the court.
John Doe Warrant is a warrant containing no specific name of person to be arrested but only
descriptions based from the testimonies of the victim/s or the witness/es. It contains the
physical description of the accused as well as other factors to be considered for the
identification of the accused (Sadili & Pena, 1998).
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Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
Search is the act of examining documents, papers and effects
Complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the
law violated.
Information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Instances of warrantless arrest (Rule 113. Sec. 5, Rules of Court)
(a) When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense. This is the “in flagrante delicto” rule
(b) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it.
This is the "hot pursuit" arrest rule.
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is pending,
or has escaped while being transferred from one confinement to another.
Search and Seizure
Search is an examination of an individual’s person, house papers or effects, or other buildings
and premises to discover contraband or some evidence of guilt to be used in the prosecution of
a criminal action.
What is a Search Warrant?
A search warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and to bring it before the court. (Sec 1, Rule 126)
Requisites for filing an application for Search Warrant:
All applications for Search Warrant shall be personally endorsed by the Heads of the Agency for
the search of places and the things to be seized to be particularly described therein. The
application shall be recorded in a log book. The application shall likewise indicate the following
data:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the Subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized;
f. Sketch of the place to be searched.
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A search warrant shall be issued only upon probable cause (personal knowledge of facts and
not mere hearsay) in connection with one specific offense to be determined personally by the
judge. The facts must be sufficient to establish the need for the issuance of the warrant.
Where to file Search Warrant:
An application for search warrant shall be filed with any court within whose territorial
jurisdiction a crime was committed; or for compelling reason stated in the application, with any
court within the judicial region where the crime was committed if the place of the commission
of the crime is known, or any court within the judicial region where the warrant shall be
enforced. If the criminal action has been filed, the application shall only be made in the court
where the criminal action is pending (Sec. 2, Rule 126 Rules of Court).
Requirements and other significant features in a Search Warrant
a. Probable Cause Required for Search Warrant. Probable cause means that sufficient facts
must be presented to the judge issuing the warrant to convince him that circumstances
sufficiently establish the need for the issuance of the warrant.
b. May Things Illegally Seized be Admitted as Evidence? The fruits of an illegal search are
inadmissible as evidence. Any evidence obtained in violation of the right of the people against
unlawful searches and seizure shall be inadmissible for any purpose in any proceeding. [Sec
3(2), Art. III, 1987 Constitution.]
c. May Articles Not Mentioned in the Searched Warrant be seized? Generally, articles not
included in the search warrant may not be seized. However, articles prohibited by a statute,
although not included in the search warrant, may be seized. Thus, if during the progress of a
bonafide search for other commodities illegally possessed, whether with search warrant or not,
contraband or items declared as illegal perse are discovered, the contraband can be seized. The
seizure of goods, the possession of which is forbidden by statute, violates no constitutional right
of the accused.
Procedures in the Implementation of a Search Warrant
How to Serve a Search Warrant. A search warrant must be served within ten (10) days from
its date (thereafter, it shall be void) Sec 9, Rule 126) in the following manner:
a. The police officer concerned must go to the place indicated in the search warrant and take
the things described therein, in the presence of at least one competent witness who is a
resident of the neighborhood. If he is refused admittance to the place of search after giving
notice of his purpose and authority, he may force himself in to execute the warrant; and if he is
detained therein, he may force himself out to liberate himself. (Sec 6, ibid)
b. The search must be made at daytime, unless otherwise stated. (Sec. 8, ibid) No search of a
house, room, or any other premises shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two (2) witnesses
of sufficient age and discretion residing in the same locality. (Sec. 8, Rule 126)
c. The officer seizing the property must issue a detailed receipt for the same to the lawful
occupant of the premises in whose presence the search and seizure were made, or in the
absence of such occupant, must in the presence of at least two (2) witnesses of sufficient age
and discretion residing in the same place, leave a receipt in the place in which he found the
seized property. (Sec. 11, Rule 126)
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1. In compliance with this procedure, it has been standard practice to issue a RECEIPT
FOR PROPERTY SEIZED after a seizure. The receipt is signed by the seizing officer only
and two witnesses. A Recent Supreme Court decision, however, declared that such
receipt when signed by the accused is in effect an extrajudicial confession of the
commission of the offense charge. (People v de las Marinas, G.R. No. 87215, 30 Apr 91;
and People v Mauyao, G.R. No. 84525, 6 Apr 92). Consequently, if the accused does not
sign such receipt, it may still be used in evidence. Moreover, if the accused DID in fact
sign the receipt, but he signed it with the assistance of a lawyer of his choice, that act
would constitute a valid waiver of his right against self-incrimination.
2. It must be noted that in the cases cited above, the crime charged is possession of
prohibited drugs. Thus, the signature of an accused on the receipt is a declaration
against interest and a tacit admission of the crime charged, as mere unexplained
possession of prohibited drugs is punishable. The doctrine is therefore not a hard and
fast rule as far as the “Receipt for Property Seized” is concerned. If the crime charged is
possession of unlicensed firearms, for example, the doctrine would apply. In other
cases, it does not apply.
3. Another document which is made after a search is a CERTIFICATION OF PROPERTY
SEIZED. This is signed by the owner of the seized property, and would seem to fall more
under the court pronouncement above than the “Receipt for Property Seized” does.
d. As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting
of the articles should be done by the owner of the house or his authorized representative, or by
immediate members of his family, to preclude any suspicion of theft or planting of evidence.
e. Thereafter, the officer must immediately deliver the things or property seized to the judge
who issued the warrant, together with an inventory duly verified under oath. (Sec 11, ibid.)
f. Things or personal properties not specifically indicated or particularly described in the search
warrant shall not be taken;
g. Court approval necessary to Retain Seized Property. Approval by the court which issued the
search warrant is necessary for the retention of the property seized by the police officers; and
only then will their custody of the court to be allowed. Absent such approval, the police officers
have no authority to retain possession …and more so, to deliver the property to another
agency…(Vide Tambasen v. PP, 246 SCRA 184)
Lawful Warrantless Searches and Seizures
Warrantless searches and seizures are lawful under any of the following circumstances:
a. When there is consent or waiver. To be valid waiver, the right must exist, the owner must be
aware of such right, and he must have an intention to relinquish it.
b. When evidence to be seized is in “plain view.” The discovery of the evidence must be
inadvertent or unintentional.
c. Customs search or searches made at airports/seaports in order to collect duties. This
warrantless search is allowed due to urgency.
d. Search of moving vehicles may be made without a warrant because it would be impracticable
to secure a warrant before engaging in “hot pursuit.” (Bagista 214 SCRA 63)
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e. Routine searches made at or in the interest of national security, such as border checks or
checkpoints.
f. Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is allowed on
grounds of reasonable suspicion.
g. Search incidental to a lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything which may be used as proof of the commission of an offense,
without a search warrant. (Sec 12, Rule 126)
It should be noted that the arrest must precede the search. The search is limited to body
search and to that point within reach or control of the person arrested, or that which may
furnish him with the means of committing violence or of escaping or reach for evidence to
destroy it (PP vs. Lua, 70 SCAD 446)
h. Search of Vessels – Search of vessels and aircraft because of their mobility and the relative
ease in fleeing the state s jurisdiction (Roldan vs Arca, 65 SCRA 336).
i Exigent Circumstances – Justice Reynato Puno proposed this exception as a catch-all category
that would encompass a number of diverse situations where some kind of emergency makes
obtaining a search warrant impractical, useless, dangerous or unnecessary ( PP vs. Fernandez,
57 SCAD 481)
Note: Things prohibited by law which were illegally searched and seized does not call for their
return to the owner. (Uy Kheytin vs. Villareal, 42 Phil 886).
Seizure – is the confiscation of personal property by virtue of a search warrant issued for the
purpose. A search warrant may be issued for the search and seizure of the following personal
properties: a. Subject of the offense; b. Stolen or embezzled and other proceeds, or fruits of
the offense; or c. Used or intended to be used as the means of committing an offense.
Items to be Seized
A search warrant may be issued for the search and seizure of the following personal property:
a. Property subject of the offense;
b. Property stolen or embezzled and other or fruits of the offense; and
c. Property used or intended to be used for committing an offense. (Sec 2, ibid)
Disposition of Seized Items
The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.
c. Articles which might be used in escaping.
d. Articles which might be used in the commission of the crime.
e. Proceeds or fruits of the crime (stolen property).
Disposition of money and other valuable property
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a. Money should be counted and the serial numbers of the bills noted;
b. Valuables should be sealed in a property envelope in the presence of the owner;
c. Property envelope should show a complete inventory of its contents;
d. The owner should initial the outside of the envelope showing approval of its contents;
e. Raiding officers should sign their names on the outer part of the envelope; and
f. A receipt should be given to the suspect. However, this is qualified by the decision of the
Supreme Court declaring as inadmissible in evidence the Receipt for Property Seized, signed by
the accused, in cases where mere possession of the items seized is punishable.
Disposition of articles not covered in a search warrant
a. If the articles are illicit or contraband, the same must be seized.
b. Such articles may be used as evidence to prosecute the person.
c. non-contraband articles must be returned to the owners or must not be seized in the first
place.
CUSTODIAL INVESTIGATION
Custodial Investigation – investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action. It includes invitation to a person who is
investigated in connection with an offense.
Duties of the Police During Custodial Investigation
a. The arresting officer, or the investigator, as the case may be, shall ensure that a person
arrested, detained or under custodial investigation shall, at all times, be assisted by counsel,
preferably of his own choice;
b. The arresting officer, or the investigator, as the case may be, must inform the person
arrested, detained or under custodial investigation of the following rights under the Miranda
Doctrine in a language or dialect known to and understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent, anything he says can be used in evidence
against him in court;
(3) That he has the right to counsel of his own choice;
(4) That, if he cannot afford one, he shall be provided with an independent and
competent counsel; and
(5) That he has the right to be informed of such rights.
c. If the person arrested, detained, or under custodial investigation has opted to give a sworn
statement, the arresting officer, or the investigator, as the case may be, must reduce it in
writing;
d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-
marked if there is inability to read and to write, the document shall be read and adequately
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explained to the person arrested, detained or under custodial investigation by his counsel of
choice, or by the assisting counsel provided to him, in the language or dialect known to him;
e. The arresting officer, or the investigator, as the case may be, must ensure that any
extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be:
(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) In the latter’s absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, priest, imam or religious minister chosen by him.
Failure of the arresting officer, or the investigator, to observe the above-mentioned
procedures shall render the extrajudicial confession inadmissible as evidence in any proceeding;
f. The arresting officer, or the investigator, as the case may be, must, under established
regulations, allow the person arrested, detained, or under custodial investigation visits by or
conferences with any member of his immediate family, any medical doctor, priest, imam or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any local Non-Governmental Organization (NGO) duly accredited by the Commission on
Human Rights (CHR) or by any international NGO duly accredited by the Office of the President.
His “immediate family” shall include his spouse, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, guardian or ward, and fiancé or fiancée; and
g. After interrogation, the person under custodial investigation shall have the right to be
informed of his right to demand physical examination by an independent and competent doctor
of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be
provided by the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably by a female
doctor.
The physical examination of the person under custodial investigation shall be contained in a
medical report, which shall be attached to the custodial investigation report.
RAID
a. Every member of a law enforcement organization must know the technique of conducting a
raid.
b. Raids are usually made after careful investigation and when other methods of accomplishing
the mission are not suitable.
c. Whenever available, men experienced in conducting police raids should be chosen as raid
commanders.
A raid is a surprise invasion of a building or area.
Legal basis. A raid must be legal, having its basis in lawful process and conducted in a legal
manner. This will be in the form of a search warrant or warrant of arrest. The raid may be in
pursuit of a person reasonably believed to be guilty of felony and when it is known that the
felony has just been committed.
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OBJECTIVES
The purpose of a raid is usually to:
a. Effect an apprehension;
b. Obtain evidence of illegal activity by surprising the offenders in flagrante delicto; or
c. Recover stolen property.
Coordination with the Local Station Commander
It is imperative that immediately before the service of a search warrant, the team leader should
see to it that proper coordination is made with the commander of local police station having
jurisdiction over the target premises. The coordinating party will inform the local station that
their team is conducting an operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.
BASIC REQUIREMENT IN THE CONDUCT OF RAID
Generally, all police operations (arrest, raid, search and seizure, checkpoint, etc) shall be
conducted:
a. With a marked police vehicle;
b. Preferably led by a Commissioned Officer;
c. With personnel in proper police uniform (Rule 3, PNP Operational Procedures)
 Exception to this rule is when using a marked police vehicle will jeopardize the safety of the
raiding team and will greatly affect the success of the operation.
USE OF REASONABLE FORCE
The use of force shall be avoided. However, when during the conduct of the raid an armed
confrontation took place due to unavoidable circumstances, the police may use reasonable force
to overcome the threat posed by the suspect. The use of firearm is justifiable only by virtue of
the Doctrines of Self-defense, Defense of Relative, and Defense of Stranger, and if the police
has probable cause to believe (based on facts) that the suspect poses an imminent danger of
death or serious physical injury to the police or other persons.
The officer-in-charge must ensure that no innocent civilian is caught in the crossfire (Rule 6 and
7 supra).
Things to be done after a raid where an armed confrontation ensued. The officer-in-charge
shall:
a. Secure the sight of the confrontation;
b. Check whether the situation still poses imminent danger;
c. Evacuate the wounded to the nearest hospital;
d. Account for the killed, wounded and arrested persons for proper disposition (Rule 9, ibid)
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Jurisdictional Investigation. The police unit which has jurisdiction over the area of the armed
confrontation, together with the SOCO team, if any, shall immediately undertake the necessary
investigation and processing of the scene of the encounter (Rule 10, PNP Operational
Procedures).
Don’ts in Raid
a. Don’t take unnecessary chances.
b. Don’t underestimate the ability or courage of the subject(s).
c. Don’t raid when not properly prepared.
d. Don’t endanger the lives of bystanders.
e. Don’t use police personnel who are not well-acquainted with each other.
f. Don’t forget gas masks when employing teargas.
g. Don’t be unnecessarily violent on the subject(s).
h. Don’t shoot unless very imperative.
i. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.
Confession distinguished from admission

Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime. While admission is an acknowledgement of a fact or circumstances
without accepting guilt.
Kinds of Confession
1. Extra Judicial Confession – those made by the suspect during custodial investigation.
Simply explained are those confessions are made outside of the Court.
Sec. 3, Rule 133, Rules of Court – Extra Judicial Confession, not sufficient ground for
conviction: An extra judicial confession made by an accused, shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti (body of the
crime)
Kinds of Extra-Judicial Confession

a. Voluntary Extra-judicial Confession – The confession is voluntary when the accused
speaks of his free will and accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the confession.
b. Involuntary Extra-Judicial Confession – Confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.
2. Judicial Confession – those made by the accused in open court. The Plea of guilt maybe
during arraignment or any stage of the proceedings where the accused changes his plea
of not guilty to guilty
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Sec. 2 Rule 129, Rules of Court states that “Judicial Admission is made by the party in
the pleadings, or in the course of the trial or other proceedings do not require proof and
cannot be contradicted unless previously shown to have been made through palpable
mistakes.”
CHAPTER 4: TOOLS OF CRIMINAL

INVESTIGATION
Four I’s of Criminal Investigation
There are indispensable tools that can be used by criminal investigators to successfully
solve criminal cases. These are as follows:
a. Information
b. Interview
c. Interrogation
d. Instrumentation
Depending on the necessity to establish the guilt of the accused during trial, the uses of
these
tools vary based on actual situation.
1. INFORMATION
It is composed of sets of raw data or raw facts that were collected and then put
together to form a significant idea of something.
It is the general term referring to the knowledge acquired by criminal investigators from
various sources, which could be in the form of persons, places, or things.
Significance of Information in Criminal Investigation
a. Informations provide answers for the 5W’s and 1H

b. Information is vital in planning the operations of investigators
A. Objectives of Information
a. Develop leads
b. Establishes prima facie evidence
c. Establishes corpus delicti
d. Establishes identification of persons
B. Techniques of Gathering Information
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Skillful gathering and systematic development of information can be done in the
following manner:
a. By observing tact or diplomacy in performing investigative tasks and duties.

“Tact” involves the skill of knowing how to use diplomatic words thus avoiding
offensive language for the purpose of winning goodwill and confidence of other
people.
b. Being friendly and diplomatic with other peace officer or law enforcers.
c. By not totally relying on memory-making the habit of jotting down notes for
every circumstances or incidents encountered during the investigation proceedings.
d. By keeping records or maintaining a file of potential criminals, suspected
criminals, actual offenders and informants/informers.
e. By being meticulous-learning not to overlook or disregard chance memoranda or
haphazard notices.
f. By becoming acquainted with many kinds of people from all walks of life.
Traces of Information
a. Any written or documented statement of person who possesses relevant

knowledge concerning a crime.
b. It covers any object of recorded data that can be used by investigators in their
inquiry concerning a criminal incident.
C. General Types of Informations

a. Open sources
b. Closed sources
D. Three General Categories of Sources of Information
a. Place
The crime scene is usually the focus of criminal investigation in its initial stage since it
contains most, if not all the vital information needed to solves criminal cases. At the crime
scene, evidences composing the corpus delicti can be recovered. It is the place where they
base their reconstruction on how the crime was consummated.
Things
This source of information is usually in the form of records/files or and bank records.
Police stations have files on fingerprints, modus operandi, blood and Deoxyribonucleic Acid
types, including photographic files. This records and files are extensively used as means of
identifying and tracing criminals.
Official records that serve as vital sources of information include the following:
a. Criminal records-
b. Court records
c. Bureau of Internal Revenue (BIR) records
d. Prison files
e. Hospital records
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f. Land Transportation Office (LTO) records
g. Bank Records
h. School Records
i. Tele-Communication Files
b. Persons
Human sources maybe the offended party (the victims or his kin), witnesses (bystanders
or friends of victims or suspects), suspects, criminal, informants, and informers.
Information is usually obtained by interviewing the offended party or eyewitness of the crime.
Classical Systems of Gathering Information
There are two classical practices of gathering information that is basically the roots of
what the investigators are using today.
a. French System-this involves the practice of or obtaining information that relies
heavily in buying information. Hence, it advocates the extensive use of informers.
b. English System- this is the practice of gathering information that has little
regard/consideration on paid information. It is the system that relies more on the
information provided voluntarily or willingly by patriots or civic minded informants.
Informants and Informers
1. Informants- one who voluntarily or willingly provides information to the criminal

investigators and even offers to be a witness. There are times, however, when the
informants give information secretly or surreptitiously and request anonymity.
2. Informer-
a. Informer is informant by profession, usually a recruited or paid asset of
the investigator.
b. Informer is distinct from informant as the former gathers information of
criminal interest while the later provides information of non-criminal nature.
c. The informer uses information as means of livelihood since it is his job to
collect criminal facts then reveals/discloses them to law enforcement authorities
in consideration of something. If he provides information, heal ways ex expects
something in return.
E. General Types of Informants

1. Anonymous Informants include those anonymous telephone callers or letter writers who
give information about suspects or fugitives of justice.
2. Rival Elimination Information is usually anonymous as his purpose in providing
information is to remove person or gang due to competition or other motives such as
revenge, etc.
3. False Informant reveals information usually of no consequence, value or stuff concocted
with thin air. His purpose is to appear to be on the side of the law and for the purpose of
throwing out the suspicion from himself or from his gang or associates.
4. Frightened Informant is prodded by fear or self-interest in giving information to the
police. He maybe one of the lesser gang member who runs to the police when his gang
mates are about to be involved in dangerous situation or when the gang he belongs is hot
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on the police trail. Motivated by anxiety and self-preservation of his well-being. The weakest
link in the composition of the criminal chain.
5. Self-aggrandizing Informant moves around the centers of criminals, group or syndicate
and delights in surprising the police about bits of information. His information may be of
value by way of authentication in intelligence operation.
6. Mercenary Informant has information for sale. He may have been victimized in a double-
cross or little share in the loot or given a dirty deal and seeks revenge as well as profit in his
disclosure.
7. Double-crosser Informant uses his seeming desire to divulge informations an excuse to
talk to the police in order to get more information from them more than he gives. To
counter this kind of information, the police apply the deception method by giving him false
information that will lead to his capture.
8. Women Informant is usually a female associate of criminals. She gives information
because her criminal lover has jilted her. Her motives are either revenge or jealousy. She
may be able to give to give info but the investigator must be careful because the female
specie is more deadly than the male.
9. Legitimate Informant includes operators of license premises who do not want their place
of business to become the hangout of dangerous criminals.
10. Incidental informant or automatic informant
11. Confidential informant is a person who provides the police with confidential information
concerning a past or a projected and planned crime. He does not want to be identified as
the source of the information. under the law, these informants are protected and their
identity could not be revealed by the police even under of the court unless on exceptional
case where there is a claim by the defense that the informant framed the accused.
F. Types of Informers
1. Recruited informer
2. Dual or multiple informer
3. Paid asset
4. Double-crosser
5. Intelligence Broker
G. Motives in Informants and Informers

1. Vanity- the motive is for self-aggrandizement by gaining favorable attention and
importance from the police
2. Patriotism or Civic Mindedness- this is the motive of civic-minded person with good
reputation in the community who are interested in seeing that justice is done.
3. Repentance- those lesser criminals such as accomplices or accessories who will have a
change in heart to unburden their conscience.
4. Fear- it is engendered illusion of oppression from enemies of from impending danger.
5. Avoidance of punishment
6. Showing gratitude for gaining something.
7. Competition
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8. Revenge
9. Jealousy
10. Remuneration
H. Methods of Obtaining Information

Information can be obtained or developed by conducting overt or covert operations
Overt operations of gathering info include the following:
1. Interview
2. Patrol and reconnaissance
3. Crime scene search
4. Regular performance of policing activities
5. Custodial interrogation
Information can also be acquired through covert operations. Clandestine operations
employed to obtain info include the following: 1. Surveillance
2. Undercover assignment
3. Entrapment
4. Tactical interrogation
Surveillance is one of the most important clandestine methods of gathering information.
Surveillance serves several purposes, such as:
1. Obtaining evidence
2. Supplying information as basis of issuing arrest or search warrant
3. Determining the activities and contacts of suspended criminals
4. Catching criminals in flagrante delicto
INTERVIEW
A. Interview is the simple questioning of a person who cooperates with the investigator.
B. Cognitive Interview conduct of interview upon willing and cooperative witnesses, to
narrate their accounts without interruption.
C. Question and Answer interview style whereby after each question by the investigator,
the interviewee is required to answer.
D. The Golden Rule in Interview “Never conduct or let anyone conduct an interview if
the interviewer has not gone to the crime scene.”
A. Types of Interview used in Criminal Cases

a. Background Interview- this kind of interview that is focused only in obtaining
data regarding the personal background of the subject, the simplest type of interview
used in criminal case.
The background date that must be indicated:
a. Date and time of interview
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b. Setting/place of interview
c. Full mane of the subject
d. Address of the subject-past and present place of residence
e. Educational background
f. Names and whereabouts of relatives
g. Personality traits, habits and hobbies
h. Marital status and numbers of children
i. Profession or vocation
j. Type and tenure of employment or contract
k. Name or employer, superiors, and /or associates in his job
l. Membership in any organization
m. Honesty, discretion and loyalty to his job and his organization
n. References for evaluation of the subject.
b. Subjective interview
This is the type of interview wherein the questions are phrased in a manner such
that he subject’s answers are based on his personal opinions or views.
Questions are designed to deal with the subjective aspect of the
case.
c. Objective interview
In this type of interview, questions are designed to acquire the basic and specific
data or facts regarding the criminal case.
This is the type that complies with the 6 cardinal points of criminal investigation.
B. Qualities of a Good Interviewer

1. Rapport
2. Forceful Personality
3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
C. Interview Format (IRONIC)

1. Identity
a. The investigator should identify himself to the witness by name, rank and agency.
2. Rapport
3. Opening Statement
4. Narration Allowing the witness to present in a narrative form without injecting
questions.
5. Inquiry After the witness has told the story, the investigator can make clarifying
inquiries.
6. Conclusion The interview should be concluded when the witness has nothing
pertinent to offer.
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D. Reasons Why Witnesses Refuse to Talk or Testify
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred Against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction
E. Stages of Handling the Interview

● Preparation – investigator should review the facts in order that he would be ready for
the questioning.
● Approach – investigator must carefully select his kind of approach.
● Warming Up –clear the atmosphere, promote a conducive ground for cordiality,
respect and trust for each other.
● Cognitive Interview
F. Rules in Questioning a Person Involved in a Crime

1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed
G. Types of Witnesses According to Their Attitude
1. Know-nothing Type – These are the reluctant type of witnesses. They are found
among the uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative and indifferent subject. To deal with
them is to find out their field of interest so that they will talk.
3. The Drunken Type – The style of questioning by the investigator should be adapted
to the psychology of the subject.
4. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant
or new matter to their narration.
5. Honest Witnesses – These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling.
6. Timid Witnesses – They are the shy witnesses. The approach must be friendly and
reassuring confidentiality of their information.
7. Witnesses who refuse to answer – These are the most difficult subject to deal with.
Find out the reasons of their personality.
8. Deceitful witness – these are the liar type of witnesses.
Interview vs. Interrogation – Interview and interrogation are similar with each other, in
the sense that, they are both ways of obtaining information from a certain suspect or
person that has knowledge on a crime.
INTERROGATION
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It is the vigorous or aggressive questioning of a person suspected of having committed
an offense or of a person who is reluctant or unwilling to make a full disclosure of information
in his possession, which is pertinent tot eh investigation of a criminal case.
It is the vigorous and confrontational questioning of a suspect about his participation in
a crime. It is confrontational in the sense that the investigator places the guilt to the accused.
This process is also applied to uncooperative witness/es.
It is an art employed in the questioning of suspects for the purpose of eliciting or obtaining
facts that usually result to his admission and/ or confession about the commission of a
felony or offense.
It is a formal questioning whereby aggressive and accusatory questions can be asked to
the subject. It refers to the questioning of suspects, culprits, offenders, or perpetrators of a
crime. In practice, it is sometimes used in questioning hostile witnesses.
A. Definition of Terms
1. Custodial Interrogation or Investigation is the investigation conducted by the
investigator on the suspect who is under police custody.
2. Debriefing is the interrogation of a friendly interrogee who has information at the
direction of or under the control of friendly unintelligence service.
3. Interrogation Report is an oral or written statement of information by the
questioning of an interrogee.
4. Interrogator is a person who does the questioning.
5. Interrogee refers to any person subjected to the interrogation process.
6. Screening is the initial examination of an interrogee to determine the extent of his
knowledge.
7. Source refers to any person who for any reason submits information of intelligence
interest usually on a voluntary basis.
8. Suspect refers to any person believed to be associated with prohibited activity.
9. Witness refers to any person who has directs knowledge of facts concerning an
event or activity.
B. Forms of Interrogation
1. Direct – the subject is aware but he may not learn the true objectives of the
interrogation
2. Indirect – the subject is aware.
C. Types of Interrogation
1. Screening. This is usually applied immediately after capture to obtain background
information about the interrogee (subject).
2. Formal interrogation (detailed). This is the systematic attempt to exploit to an
appropriate depth those areas of the interrogee’s knowledge.
3. Debriefing. It is generally used when the area of knowledge ability of the
interrogation is known.
4. Interview. Similar to debriefing although it is less formal.
5. Interrogation of lay personnel (special type). In this type, the techniques are similar
to interrogation but special effort must be made.
6. Tactical interrogation. The level of interrogation where the source has specific and
detailed information that requires a trained expert in the subject matter to be explored.
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D. Phases of Interrogation
1. Planning of Interrogation
2. Approach (Meeting the Interrogee). The first meeting in which it is extremely critical
because the outcome may depend on the initial impression created by the interrogator.
3. Questioning. This is the heart of the interrogation.
4. Termination. The termination of the interrogation will depend on various factors such
as the physical condition of the subject.
5. Recording. The interrogator should take notes in cryptic if possible.
6. Reporting. The end product of an interrogation is the Tactical Interrogation Report
containing the information gained. Report must be made orally or in written form.
E. Purposes of Conducting Interrogation

a. On the part of the suspect, it is to extract a confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract information he
possesses.
Requirements of the Interrogation Room

a. Private
b. Simple
c. Devoid from ornaments
d. Technical Aids
F. Characteristics of an Effective Interviewer/Interrogator
Many of the emotional and intellectual traits of an investigator are especially

valuable in communicating with others. Presenting a favorable appearance and
personality and establishing rapport are more important than physical attributes.
Sometimes, however, it is an advantage to be of the same race or gender as the person
being questioned. Under some circumstances, it is better not to wear a uniform.
Sometimes a suit or jeans are more appropriate.
a. Adaptable and Culturally Adroit- your cultural and educational background and
experience affect your ability to understand people from all walks of life, to meet
them on their own level on varied subjects and to adapt to their personalities;
backgrounds and lifestyle.
b. Self-controlled and patient- use self-control and patience to motivate people to talk.
Be understanding ye detached, waiting for responses while patiently leading the
conversation and probing for facts. Remain professional, recognizing that some
people you interview may feel hostile toward you.
c. Confident and optimistic- do not assume that because the person you are
questioning is a hardened criminal, has an attorney, is belligerent or is better
educated that you that no opportunity exists to obtain information. show that you
are in command, that you know. If the conversation shifts away from the subjects,
steer the discussion back to the topic.
d. Objective-maintain your perspective on what is sought, avoiding preconceived ideas
about the case. Be aware of any personal prejudices that can interfere with your
questioning.
e. Sensitive to individual rights-maintain a balance between the rights of others and
those of society. Naturally, suspects do not want to give information that conflicts
25
with their self-interest with their self-interest or threatens their freedom. Moreover,
many citizens want to stay out other people business. Use reason and patience to
overcome this resistance to becoming involved.
f. Knowledge of the elements of the crime- Know what information you need to prove
the elements of the crime you are investigating. Phrase questions to elicit
information related to these elements.
G. The Techniques of Interrogation
1. Emotional Appeal – This is a technique where the investigator, combining his skills of
an actor and a psychologist, addresses the suspect with an emotional appeal to confess.
2. Sympathetic Approach – The investigator, in his preliminary or probing questions
must dig deep into the past troubles, plight and unfortunate events in the life of the
suspect.
3. Friendliness – A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.
4. Tricks and Bluff Techniques:
a. The Pretense of Solid Evidence Against the Accused – The Investigator bluffs the
suspect that even if he will not confess, there is enough evidence to send him to jail.
b. The Weakest Link – Among the suspects, there must be a careful selection of who
among them is the weakest link where the interrogation will begin.
c. Drama – The weakest link maybe used to fake pain and agony by ordering him to
shout, accompanied by banging a chair on the wall to make it appear that a commotion
is going on.
d. Feigning Contact with Family Members – The suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts
against the suspect.
e. The Line Up – the complainant, witness or victim is requested to point positively the
suspect who is among persons in the police line-up.
f. Reverse Line Up – The suspect is placed among other persons in a line-up and he is
identified by several complainants and witnesses who will associate the suspect in other
several crimes.
5. Stern Approach – The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
a. Jolting –investigator selects the right moment to shout to the subject with a pertinent
question in an apparent righteous outrage.
b. Opportunity to Lie – The suspect is given all the opportunities to lie.
6. The Mutt and Jeff or Sweet and Sour Method – the first set of investigators must
appear to be rough, mean and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of investigators.
7. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an Ifugao
investigator and the same should interrogate him, the same with other ethnic or cultural
groups.
8. Searching for the Soft Spot – In every man’s heart, there is always that softest spot.
That spot maybe the youngest child, the wife, the mother, and the borther who acted as
his father, the grandparents or the best friend.
Additional Modern Techniques of Interrogation
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1. Rationalization –use of reasons
2. Projection –putting the blame to other persons, not alone to the suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.
Approach and Probe
1. Approach- the process of setting people to start talking
2. Probe- the process to keep the person talk incessantly
H. The interrogation Session

a. Interrogation session offers the suspects opportunity to clear him or to spill
everything and hope for the best.
b. Investigator conducting an interrogation must be:
i. Prepared
ii. Up to date on the reconstruction of the crime
iii. Cognizant to the facts secured in parallel inquiries into motive and opportunity
iv. Know as much as possible about the suspects and the facts connecting him with
the crime.
v. Know the finding of the criminalist who examined any physical evidence that has
been collected.
vi. Certain that the suspect is not in an emotional state that might impair his or her
capacity for rational judgment.
c. The interrogation is similar in structure to interview proceeding in the sense that it
has a beginning, a main body and a conclusion.
I. Stages of the Interrogation Session

a. Initial Stage- (introductory Part)
Introduction of material necessary to establish the integrity of the interrogation
Clearly state the reason for the suspects’ presence, and establish the crime about
which he or she is to be questioned the name of the victim and the time and place of
crime.
Level with the suspect by indicating of explaining that the interrogation is not an
attempt to deceive but an inquiry being conducted because evidence has indicated his
knowledge of or participation in the crime under investigation.
b. Focusing Stage (Main Body)

Questioning are concerned with the activity and where about of the suspect
during the time of the crime.
Questions are concerning whether the suspect had even been at the scene or in
contact with the victim and under what circumstances.
c. Concluding Phase (Closing Part)

In case of confession, take a formal statement of the subject.
27
Ask 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?’
J. Two Main Questioning Techniques

1. to elicit fats from suspects, the following techniques may be used:
a. 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
iii. What happened
after the crime
was committed.
d. Going Backward- Flash Back technique
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
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 technique is somewhat harder than the first since most people tend
to think in terms of what happened first, the second then the last.
K. Methods of Reproducing an Interview/Interrogation

a. Mental notes
b. Written notes
c. Stenographic notes
d. Audio recording
e. Sound and motion recording
L. General Types of Recording

a. Overt transcript
b. Surreptitious transcript
INSTRUMENTATION
This is defined as the application of instruments and methods or physical science to
detect and investigate crimes, the sum total of the application of all sciences in crime detection
and it is not only confined in the crime laboratory.
Criminalistics
28
This refers to the profession and scientific discipline directed to the recognition, identification,
individualization and evaluation of physical evidence by application of the natural sciences in
matters of law and science.
Why does Instrumentation cover Criminalistics?
Instrumentation covers criminalistics because criminalistics is a broad field that
exclusively uses scientific knowledge in examining and evaluating the legal value of forensic
evidences. On the other hand, the setting of examination or analysis of evidences in
instrumentation is not only confined in the crime laboratory but most often than not outside the
crime laboratory.
Criminalistics is unusable in the investigation of Criminal Cases
When there are no physical evidence recovered or found at the crime scene or from any
other place or persons that the crime laboratory technicians can work onto help the
investigators to solve a case.
Criminalistics provide Ways of Solving Criminal Cases by:
a. Supplying one or more missing links in a chain of evidences
b. Strengthening a weak links or links in the chain of evidences
c. Checking the accuracy of the statements made by suspects and material
witnesses, and
d. Providing knowledge to the investigator that assist/guide him in rapid clearing.
Forensic Science as applied to Criminal Investigation
The term forensic science and criminalistics are often used interchangeably. Forensic
Science is that part of science applied to answering legal questions. It is the examination,
evaluation, and explanation of physical evidence in law. It encompasses the following:
a. Pathology
b. Toxicology
c. Physical anthropology
d. Odontology
e. Psychiatry
f. Questioned documents
g. Forensic ballistics
h. Tool mark comparison
i. Serology
Specifically, criminalistics can be considered a branch or forensic science that deals with
the study of physical evidence related to a crime.
IDENTIFYING THE CRIMINAL

What is the scope of Criminal Identification?
a. Suspect identification
b. Identification of actual perpetrator
c. Identification of dead body and other victims
29
Two kinds of criminal identification by the witnesses
a. Known fugitives
b. Unknown criminals
Two kinds of suspect identification
a. Positive identification- uses information that identifies an individual beyond
question and is legally acceptable as pertaining to and originating from particular
individuals (semen, F.P.,
DNA results, blood analysis)
b. Tracing Identification- involves the use of all other information that maybe
indicative of the personal identity of an individual such as: description of witness,
personal belongings present at the crime scene
Identification of criminal by confession or admission
a. Confession- the direct declaration of an accused expressly acknowledging his
guilt of the offense charged
b. Admission- an acknowledgement of a fact or circumstance from which guilt may
be inferred. It implicates but does not directly incriminate.
Identification of criminals (suspects) by eyewitnesses’ testimony
a. Portrait Parle (verbal Description) method becomes successful depending on the
ability of a witness to describe the person he saw committing the crime.
b. Rogues Gallery (uses of photographic files) method is successful if there is an
existing photograph of the perpetrator in the file/gallery of the police law or law
enforcement agencies
c. General Photograph Method includes the investigator showing variety of facial
types that may not be necessarily/directly represent the face of the criminal
d. Cartography (Artist’s Assistance) is when the witness and investigator develop a
picture of the criminal with the help of a skilled cartographer
e. Police Line-Up (Show-Ups) involves a process of letting/allowing a witness to
select the primary suspect from a group of chosen persons (suspects and innocent
persons) Criminal’s bad luck are unconscious or sublime act aiming at self-betrayal,
a.k.a.
“VEBRECHERPECH” clue which may result to perpetrators:
a. Faulty accts
b. Carelessness
c. Negligence
d. Vanity- believe on their own cleverness or excessive pride
Modus operandi (MO) File
Modus Operandi came from the Latin, term for mode or method of operation. It is
summary of habits, techniques and peculiarities, methods, tools used in obtaining the crime and
physical conditions at the crime scene.
Factors influencing MO
a. Opportunity
b. Knowledge
30
c. Experience
d. Conditions
Identification of Criminals by Circumstantial Evidence
a. Motive
Identification of criminal by associative and/or tracing evidences Identification of persons in
general
a. Ordinary method
b. Scientific method
CHAPTER 5: PHYSIOLOGICAL SYMPTOMS OF GUILT. THEORY OF LIE, KINDS OF LIE,

AND TYPES OF LIAR.
Lie - is an intentionally false statement to a person or group made by another person or group
who knows it is not wholly the truth.
Physical Signs of Deceptions
1. Excessive Sweating
2. Face Color Change
3. Dry Mouth
4. Excessive Breathing
5. Increase of Pulse Beat
6. Avoidance of Direct Eye Contact
Types of Liar
a. Panic Liar – A person who lies in order to avoid the consequences of confession. He
or she is afraid of embarrassment to love ones and is a serious blow to his or her
ego.
b. Occupational Liar – is someone who has lied for years. This person is a practical liar
and lies when it has a higher pay off than telling the truth.
c. Tournament Liar – A person who loves to lie and is excited by the challenge of not
being detected. He views an interview as another contest and wants to win. He lies
because it is the only weapon remaining with which to fight. This person realized
that he or she will probably be convicted but will not give anyone the satisfaction of
hearing him or her confess. He wants people to believe that the law is punishing an
innocent person.
d. Ethnological Liar – a person who was trained not to be a squealer. This person loves
to be interrogated and has taken a creed either personal or with others, that he or
she will bever reveal the truth, the creed of underworlds gangs.
e. Psychopathic Liar – this type of liar has no conscience. He shows no regret for his
dishonest actions and no manifestation of guilt. This is the most difficult type of liar
because he is a good actor, he can fool most investigators.
f. Pathological Liar – A person who cannot distinguished what is right from wrong.
These are those people who are mentally sick.
g. Black Liar – a person who always pretends and a hypocrite.
31
Type of Lies
a. Direct Denial - this is a direct denial of the act in question that creates an emotional
sense of disturbance. This disturbance refers to the conflict between what is true
and the attempted deception that creates an internal battle in the mind.
b. Lie of Omission - This is a type of lie that people usually used because it is simple to
tell. Individuals who will make use of this type of lie will tell the truth while omitting
details that could create possible troubles.
c. Lie of Fabrication - This is the most difficult type of lie that a subject could use in an
interview.
d. Lie of Minimization - In this type of lie individual will accept that something has
occurred but downplays the implication. Lie of minimization could be used if a
subject wanted to stay close to the truth, however, he covers the truth for his her
own benefit.
e. Lie of Exaggeration - This is a lie often used to exaggerate things for the hope of
obtaining some advantage. This is also often found on resume, where applicant
exaggerates his or her experiences, knowledge, skills, salary and length of service.
The exaggerated claims can be verified by looking for inconsistencies of the subject
story.
Kinds of Lie
1. White or Benign Lie - lie to preserve harmony of relationship.
2. Pathological Lie - can not tell right from wrong.
3. Red Lie - communist propaganda
4. Black Lie - lie to dishonor or to discredit
5. Malicious/Judicial Lie -misleading or lie to obstruct justice.
6. Fabrication - misrepresentation of truth
7. Bold-Face Lie - obviously lying
8. Lying by Omission - omission of important facts
9. Lie to Children - to gain acceptance to children
10.Noble Lie - to maintain law and order
11.Emergency Lie - to prevent harm to third party
12.Perjury - false testimony under oath
13.Bluffing - pretense of capability/intention one does not possess
14.Jocose Lie - meant to be jest, teasing and sarcasm
15.Contextual lie - stating part of truth out of context
16.Promotion lie - incredible advertisements
Theories of Lying
Lying is a part of communication and a form of social behavior which is involved in
interacting with others. Lying means saying a statement that he/she knows themselves as
false to others to whom he/she want to perceive it as true. It can be explained by different
psychological principles of psychodynamic theory, humanistic theory, behavior theory etc.
Lying arises from hedonistic nature of humans that to avoid pain and to increase pleasure.
It can be also seen that we lies not only for personal gains but also for others gain too. That
is to avoid harm affecting ourselves and to avoid hurting others. Lying can be accepted if it
saves someone’s life-ourselves or of others.
32
METHODS OF DETECTING DECEPTION
Forensic Assessment Interview Technique – allows the interviewer to assess non

verbal and verbal behavior without the need of attachments to make the accurate
determinations of truth or deception.
Verbal – are signs of lying observe to a person through the words that are spoken,
speed of delivery of words, choice of words, tone of voice and the tense of language.
Non-Verbal – are signs of lying observe to a person through patterns of body
movements, gestures, facial expression, body posture, positioning and movements use
to explain chosen words.
Signs of Lying/Guilt
1. Verbal Clues
Verbal Clues to deception include the words that are spoken, speed of delivery of the
words, choice of words, tone of voice and the tense of the language.
Methods of responding to the Question – the way the respondent answers the question
is clue of deception. In general truthful people tend to be direct; untruthful people tend
to be cautious about their answers.
Length of Time before Giving response – in general, truthful person answer questions
immediately after the question is asked; untruthful persons take their time in giving a
response.
Repetition of Question – the act of repeating the question is another means for the
deceiver to gain time to frame his or her answer. The question may be repeated word
for word, or the respondent may frame the answer with a request to repeat the
question.
Fragmented or Incomplete Sentences – Untruthful person often speak in disjointed or
curtailed sentences. This is usually because he has started the answer, then thought
better of it. Statements such as “I…I… can’t think… it
seems to me… can be a clue of lying. Many liars will speak half-truths as well, and add
qualifiers, such as “… to the best of my memory… “or”… if I recall correctly.
Being Overly Polite – anger is a common response to an unjust accusation, as well as
answering the statement with a abrupt “no”. Untruthful subjects are more likely to be
polite to the accuser, using pleasing terms such as “sir” or “ma’am” “boss” or “chief”.
The Suspect who has been accused and is lying will often say, “ Sir, to tell you the truth,
I didn’t do it”
Oaths – Lying persons will frequently utter oaths, such as “I swear to God I didn’t do it”
or “I swear on my Father’s grave.” Most truthful people do not need to swear or affirm;
they are ardent in their denials. Some people who use words like “frankly” or “to tell the
truth” often are neither being frank nor are they telling the truth.
Clarity of Response – Honest people tend be very clear in their answers, while untruthful
persons tend to speak softly and broaden their answers. Such responses are to avoid
the stress caused by an untruthful response; the liar is hedging. In that way, if caught in
a lie, the earlier “soft” response may aid in diffusing the lie.
33
Use of words – as a general rule, truthful subjects have no trouble denying the
allegation in precise terms, while untruthful one will have problems with the used of
words. Untruthful suspects also tend to deny specific instances.
Assertiveness – truthful persons are confident about their innocence, and deceitful ones
are not confident unless they are practiced liars. Truthful people will respond directly
without waiver or qualification; deceptive people tend to respond indirectly with waivers
and qualifications.
Inconsistencies – Contradicting testimonies made by the witness are one of the best
indicators of dishonesty; liars get caught up their own web of deceit.
Slip of the Tongue – Liars, as Freud discovered, quite often slip up and divulge
themselves through a “slip of the tongue.
Tirades – People who are deceptive sometimes reveal more than a word or two, as in
the slip of the tongue. The information doesn’t slip out, it pours out. Ekman a
psychologist believes that “leaking” out may be caused by the internal stress produced
by a lie. Tirades may be in direct proportion to the stress generate in the lie, and arise
at a time of anger or other strong emotion. Pauses – Ekman says gap in speech patterns
may be one reliable clue to deception. The examiner should assess pauses in speech
that are tool long, too frequent, or which occur at inappropriate places.
Speed of Speech – Persons who are tense or upset frequently increases the swiftness of
their speech, words tend to run together and the conversation can be fragmented. A
pattern of increased speed of speech during the relevant part of the questioning could
show deception.
3. Non-Verbal Clues Non-verbal clues encompass patterns in the body movements,

gestures, facial expressions body posture, positioning and movements used to explain
chosen words.
Emblems – emblems are often performed deliberately, these are expressions made with the
body, whose meanings are clearly understood. Here are examples of emblem: Shaking or
nodding of the head, shrugging the shoulders, the universal “thumbs up sign”, as well as
the circled finger and thumb to indicate “okay”. Other examples would include a broad wink
finger and thumb to indicate “okay”. Other examples would include a broad wink to show
the remarks are to be taken in joke, as well as a shrug of the shoulders.
Manipulators – these are usual behavior of touching one’s self. Manipulators encompass
grooming the hair, wringing the hands, picking imaginary fur from a coat. Manipulators may
go on for several minutes or may last for a short time. Props, like cigarettes, pencils and so
on can be used in the manipulation. Social scientists have documented that body
movements, fridgeting, and other behavior arise with stress. The manipulators increases
their use of manipulators when they are totally relaxed and when they are may be a sing of
deception.
Breathing – Many persons, under prolonged periods of stress, hyperventilate. Although
breathing is an involuntary movement. Breathing is very much affected by stress. This
34
stress may have nothing to do with the lie. But an increase in breathing rate or volume may
be a sign of deception.
Sweating – this is another uncontrollable body function. Perspiration occurs with heat as
well as with emotion. The rate of perspiration is not the same for all emotions, such as fear
and anger. Too much sweating could very well indicate an involuntary reflex with deception.
Frequent Swallowing – A dry mouth frequently accompanies deep emotion. Often the
subject is not aware of increased efforts at swallowing. During the time of the critical
question, increased swallowing might indicate deception.
Facial Muscles – Other muscles are not easy to control but people can control certain facial
muscles with spirit. Example, to force a smile is easy, but even beginners will notice
something is wrong about. The reliable facial muscles that cannot be are the muscles above
the eyes but the muscles involving the mouth are controllable. The muscles above the eyes
control certain eye movements, along with movements of the eyebrows. These muscles are
difficult to train even experienced actors and actresses, and can be used in detecting
deception.
Eyes – the eyes most likely express as much emotion as any other part of the anatomy.
Blinking, pupil dilation, and tears are some of the sign’s indicative of emotion in the eye.
Rapid blinking can signal emotional stress in the eyes. On the other hand, the nonexistence
of blinking may indicate the subject has rejected the interrogator or interviewer. Pupil
dilation is an involuntary response and beyond the control of the subject. The most frequent
reason for a change in pupils is because of the light source. The Pupil will respond to felt
emotion. Trained actors know how to cry, they think of something in their life that was
typically sad, and they focus on that emotion. Trying to cry at proper times and equally
trying to hold back tears could be a sign of deception.
Face – People believe that lies will commonly show up in the face and eyes. The face can
have two messages: what the liar is trying to show as well as what he or she is trying to
hide. Reddening or blushing of the face is supposed to be a sign of embarrassment and
cannot be controlled. Such indicators may indicate strong emotion and is not reliable sign of
deception.
3. Polygraphy
4. Word Association Test (WAT)
5. Psychological Stress Evaluator (PSE)
6. Hypnosis
7. Truth Serum
8. Narco-analysis
9. Intoxication with alcohol
10. Statement Analysis
11. Brain Fingerprinting
12. Functional MR Imaging (fMRI)
35
OTHER SCIENTIFIC METHODS IN DETECTING DECEPTION
A. Use of Word Association Test:
A list of stimulus and non-stimulus words is read to the subject who is instructed to answer
as quickly as possible. The answers to the question may be a “yes” or “no”. Unlike the lie
detector, the time interval between the words uttered by the examiner and the answer of
the subjects is recorded.
When the subject is asked questions with reference to his name, address, civil status,
nationality, etc, which has no relation to the subject matter of the investigation, the
tendency is to answer quickly. But when the questions bear some words, which have to do
with the criminal act of the subject allegedly committed, like knife, gun or hammer, which
was used in the killing, the tendency is to delay the answer.
The test is not concerned with the answer, be it “yes” or “no”. The important factor is the
time of response in relation to stimulus or non-stimulus words. Like the use of lie detector,
the subject cannot be compelled to be subjected to the test without his consent.
B. Use of Psychological Stress Evaluator (PSE)
The psychological stress evaluator (PSE) detects measures and graphically displays the
voice modulations that we cannot hear.
When a person speaks, there are audible voice frequencies, and superimposed on this are
the inaudible frequency modulations, which are product of minute oscillations of the
muscles of the voice mechanism. Such oscillations of the muscles are micro tremor occur at
the rate of 8 to 14 cycles per second and controlled by central nervous system.
When a person is under stress as when he is lying, the micro tremor in the voice utterance
is moderately or completely suppressed. The degree of suppression varies inversely to the
degree of psychological stress in the speaker.
When a person is relaxed and responding honestly to the question, those inaudible
frequencies are registered clearly on the instrument. But when a person is under stress, as
when he is lying, these frequencies tend to disappear.
1. Procedure
a. The examiner meets the requesting party to determine the specific purpose of the
examination and to begin formulation of relevant questions.
b. A pre-test interview is conducted with the subject to help him or her feel at ease with the
examiner, to provide an opportunity to specify matters, to eliminate outside issues and to
review questions that will be asked.
c. The oral test of about 12 to 15 “yes” or “no” question is given which is recorded on a
tape recorder. The questions are a mixture of relevant and irrelevant questions.
d. Immediately following the test or at a latter time the tape is processed through the PSE
for analysis of the answers.
36
e. If stress indicated, the subject is given opportunity to provide additional clarification. A
re-test is given to verify correction and clarification.
2. Advantages of PSE over the Lie detector Machine:
a. It does not require the attachment of sensors to the person being tested;
b. The testing situation need not be carefully controlled to eliminate outside distraction; and
c. Normally body movement is not restricted.
USE OF DRUG THAT TRY TO INHIBIT THE INHIBITOR
A. Administration of Truth Serum
The term “truth serum” is a misnomer. The procedure does not make someone tell the truth
and the thing administered is not a serum but is actually a drug.
In the test, hyoscine hydrobromide is give hypodermically in repeated doses until a state of
delirium is induced.
When the proper point is reached, the questioning begins and the subject feels a
compulsion to answer the question truthfully. He forgets his alibi, which he may have built
up to cover his guilt. He may give detail of his acts or may even implicate others.
The drug acts as depressant on the nervous system. Clinical evidence indicates that various
segment of the brain particularly the cortex and the diencephalons are selectively depressed
in the reversed order of their evolutionary development.
The use of drugs for the purpose is not without the element of danger and should not be
attempted except by a physician who has had experienced in using the drug. Scopolamine
may sometime cause psychotic reactions.
Statements taken from the subject while under the influence of truth serum evolutionary
obtained hence, they are not admissible as evidence. Because of the potential risk involved
in the application of the procedure, it is seldom used by law enforcement agencies.
B. Narcoanalysis or narcosynthesis
This method of detecting deception is practically the same as that of administration of truth
serum. The only difference is the drug used. Psychiatric Sodium amytal or sodium penthotal
is administered to the subject.
When the effects appear, questioning starts. It is claimed that the drug causes depression
of the inhibitory mechanism of the brain and the subject talks freely.
A psychiatrist must do the administration of the drug and subsequent interrogation with a
long experience on the line. Like the administration of truth serum, the result of the test is
not admissible in court.
C. Intoxication with Alcohol
The apparent stimulation effect of alcohol is really the result of control mechanism of the
brain, so alcohol, like the truth serum, and narcoanalytic drugs “inhibit the inhibitor”.
37
The ability of alcohol to reveal the person behind the mask which of all of us are said to
wear (mask of sanity) is reflected in the age-old maxim “In vino veritas” (in wine there is
truth)
The person whose statement is to be taken is allowed to take alcoholic beverages to almost
intoxication. At this point the power to control diminishes and the investigator starts
pounding questions and recording answers.
The questioning must start during the excitatory state when the subject has the sensation
of well-being and when his action, speech and emotion are less strained due to the lowering
of the inhibition normally exercised by the higher brain centers. When the subject is already
in the depressive state due the effect of the alcohol, he will be no longer be able to answer
any question. Confessions made by the subject while under the influence of alcohol may be
admissible if he is physically capable to recollect the facts that he has uttered after the
effects of alcohol have disappeared. But in most instances, the subject cannot recall
everything that he had mentioned or he may refuse to admit the truth of the statement
given.
HYPNOSIS, SCIENTIFIC INTERROGATION, AND CONFESSION
A. Hypnosis
Hypnosis is the alteration of consciousness and concentration in which the subject manifests
a heightened suggestibility while awareness is maintained.
Not all people are susceptible to hypnotic induction. Subject who are compulsive-depressive
type, strong-willed like lawyers, accountants, physicians and other professionals are usually
non hypnotizable.
Confession while under hypnotic spell is not admissible as evidence because such
“psychiatric treatment” is involuntary and mentally coercive.
Although hypnosis may not yield admissible as evidence it of some use during investigation
as a discovery procedure.
B. Scientific Interrogation
Interrogation is the questioning of a person suspected of having committed an offense

or of a person who are reluctant to make a full disclosure or information in his
possession that is pertinent to the investigation. It may be done on a suspect or witness.
Interrogation refers to the elicitation of information from an individual who refuses to
provide information. A suspect is a person whose guilt is considered on reasonable
ground to be practical possibility. A witness is a person other that the suspect, who is
requested to give information concerning the incident. He may be a victim, a
complainant. An accuser, a source of information, and an observer of the occurrence, a
scientific specialist who has examined physical evidence or a custodian of official
document.
Goals of interrogation
1. The learn the truth of the crime;
2. To obtain an admission of guilt from the suspect;
38
3. To obtain all facts to determine the method of operation and the circumstances of the
crime in question;
4. To gather information that enables investigators to arrive at logical conclusion.
Three (3) Defense Mechanism

1. Rationalization – rationalize subject’s actions
2. Rejection – project the blame unto the others
3. Minimization – minimize the crime
Attitude and conduct of an investigator

In the course of interrogation of a suspect or witness, the interrogator must observe the
following:
a. The interrogator should avoid creating an impression that he is an investigator
seeking a confession. It is better for him to appear in the role of one who is merely
seeking the truth.
b. Such realist words as “kill”, steal, confess your crime, etc. should not be used by the
interrogator. It is more desirable, from the psychological standpoint, to employ a milder
terminology like “shoot”, “take”, “tell the
truth”, etc.
c. The interrogator should fairly close to the subject and between the two; there should
be no table or other pieces of furniture.
d. The interrogator should avoid pacing about the room. To give an un diverted
attention to the person being interrogated, make it as such that will be more difficult or
him to evade detection of deception or conceal his guilt.
e. The interrogator should avoid or atleast minimize smoking, and he should also refrain
from fumbling with a pencil, pen or other room accessories, for all these tend to create
an impression of lack of interest or confidence.
f. The interrogator should adapt his language to that used and understood by the
subject himself. In dealing with an uneducated and ignorant subject, the interrogator
should use simple words and sentences.
g. Since the interrogator should always occupy a fearless position with regards to his
subject and to the condition and circumstances attending the interview, the subject
should not be handcuffed or shackled during his presence in the interrogation room. The
interrogator should face the subject as “man to man” and not as policeman to prisoner.
CHAPTER 6: ORGANIZED CRIME INVESTIGATION
ORGANIZED CRIME INVESTIGATION (PRC)
39
1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;
3. Transnational or borderless crimes;
4. Kidnapping and terrorism;
5. Cyber/Technology crimes;
6. Organized syndicates;
7. International and national laws, decrees, treaties and statutes.
Concept of Organized Crime
 Organized Crime poses a direct threat to national and international security and stability,
and continues a frontal attack on political and legislative authority. Organized crimes
disrupt and compromise social and economic institutions, thus causing a loss of faith in
democratic process.
WHAT IS ORGANIZED CRIME?
 An organized criminal group shall mean a structured group of three or more persons,
existing for a period of time and acting in concert with the aim of committing one or
more serious crimes or offences in order to obtain, directly or indirectly, a financial or
other material benefit (UN, PALERMO ITALY, 2000)
 All illegal activities engaged in by members of criminal syndicates
operatives throughout the United States and all illegal activities engaged in by known
associates and confederates of such members. (U.S Department of Justice)
 Group activities of three or more persons, with hierarchical links or
personal relationships, which permits their leaders to earn profits or control
territories or markets, internal or foreign, by means of violence, intimidation or
corruption, both in furtherance of criminal activity and to infiltrate the legitimate
economy.
 any enterprise or group of persons engaged in a continuing illegal activity which has as
its primary purpose the generation of profits and continuance of the enterprise
regardless of national borders. (INTERPOL, according to P.J. Ryan and G.E. Rush)
 any group having some manner of formalized structure and whose primary objective is
to obtain money through illegal activities(FBI, according to H. Abaddinsky)
 Planned commission of criminal offenses, determined by the pursuit of profit and power,
involving more than two persons over a prolonged or indefinite period of time, using a
commercial or business license scheme, violence, and/or intimidation. (BKA,
Germany—BUNDESKRIMINALAMT)
 Is any crime committed by a person occupying, in a established division of labor, a
position designed for the commission of crimes providing that such division of labor
includes at least one position for corrupter, one position for corruptee, and
one position for an enforcer(FBI)
For Organized Group to Work usually it has at least the following:

1. AN ENFORCER
2. A CORRUPTER
3. A CORRUPTEE
40
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ismember
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- the one who makes for the arrangements for the killing (injuring or carrying out the task
physically, economically or psychologically) the members or non-members.
A CORRUPTER
- the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a
relationship with public officials, law enforcement officer, or anyone who would be of help in
obtaining security and immunity from possible arrest, prosecution and punishments.
A CORRUPTEE
- a public officials, law enforcement officers or anybody who not a member of the organization
who can helps the organization.
Scale of Organized Criminal
CHARACTERISTICS OF ORGANIZED CRIMES

- It is a conspiracy activity involving coordination of members.
- Economic gain is the primary goal.
- Economic goal is achieved through illegal means.
- Employs predatory tactics such as intimidation, violence and corruption.
- Effective control over members, associates and victims.
- Organized crimes do not include terrorists dedicated to political change.
ATTRIBUTES OF ORGANIZED CRIMES

1. Has no political goal
2. Is hierarchical
3. Has a limited or exclusive membership
4. Constitute a unique subculture
5. Perpetuates itself
6. Exhibits a willingness to use illegal violence and bribery
7. Demonstrates specialization/ division of labor
8. Is monopolistic
9. Is governs by explicit rules and regulations
1. Has no Political Goals

Organized crime is basically motivated by money and power. It is not social
doctrine neither political belief nor ideological concerns that motivated leaders
and members of the organized crime groups. Political involvement may be part
of its activities for the purpose of gaining protection for its illegal activities.
2. Hierarchical
An organized crime has a vertical power structure with at least three (3) ranks. The
authority is inherent in the position and does not depend on who happens to be occupying it at
any given time.
3. Limited or Exclusive Membership

The criteria such as ethnic background, race, kinship, criminal record and other similar
consideration seems to be the basis for membership in an organized crime group.
41
Sponsorship by a ranking members and behavior characteristics also plays important
factors for recruitment such as but not limited to: willingness to commit criminal act, follow the
rules and regulations and secrecy in the organization.
4. Constitute a unique subculture

Members of the organized crime group considered themselves distinct from
the conventional society. They look at the society as “weak and stupid” and treat them with
derisions if not contempt, and therefore not subject to its rules. This is sometimes referred to as
“the underworld”.
5. Perpetuates itself
An organized criminal group constitutes an ongoing criminal conspiracy designed
to persist through time; that is, beyond the life of the current membership. In order for the
group to survive, it must have an institutionalized process for inducting new members and
inculcating them with the values and ways of behaving of the social system. This is shown by
the depth of the sub-cultural orientation exhibited by the group.
6. Willingness to use Illegal Violence and Bribery

Violence is readily available and acceptable in an organized crime group as a means to
achieve its goal. Bribery becomes necessary so as to protect its operation and insure lesser
chance of detection and suppression.
7. Specialization/Division of Labor
There is a need for established functional position filled with qualified
members. Commonly, there is a need for:
(1) an enforcer, one who carries out difficult assignments involving the use of violence,
including murder, in a rational manner. He may use members or non-members or even a
specialist to carry out the assignment; and
(2) a corrupter (fixer/money mover), excels in developing contacts.
8. MONOPOLISTIC
An organized crime group eschew competition. It strives for hegemony over a particular
geographic area, a particular “industry”, legitimate or illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade” and increases profits. An organized crime
monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with
law enforcement officials. A combination of both methods, violence and corruption, may be
employed.
9. GOVERNS BY EXPLICIT RULES AND REGULATION

An organized crime group, like a legitimate organization, has a set of rules and
regulations that members are expected to follow.
In an organized crime group, however, a rule-violating member is not fired but, more
likely, fired upon
STRUCTURE OF ORGANIZED CRIME GROUPS

- The bureaucratic / Corporate model
- Patrimonial/ Patron Client
42
The Bureaucratic/ Corporate Model
The corporation, the police, and the military are examples of bureaucracies, that mode
of organization essential for efficiently carrying out large scale tasks.
Patrimonial/ Patron Client

t is
clients,
GENERIC
force
votes
psychological
attaining
4.
victims.
unwilling
using
society
TYPICAL
1.
Hijacking
Bankruptcy
Robbery
Insurance
Car
Burglary
Stock
Victimizing
Bid-rigging
Counterfeiting
Smuggling
Providing
2.
Loan
Book
Gambling
Prostitution
Drug
3.
-Pornography
Casino
committed
Political
In-Group
Mercenary/Predatory
Syndicated
THEFT
PROVIDING
BUSINESS
atheft
Sharking
Trafficking
characteristic
making
for
force,
or
Fraud
It
and
threatening
skimming
(robbery
the
ORGANIZED
(chop-shop
is
of
TYPE
immigrant
and
People
Fraud
Graft
(Alcohol
business:
individual
State:
public
fraud
aTrafficking
other
Oriented
or
cargo
(Inside
(pump
attainment
by
and
Toxic
characteristic
gratification
Crimes
FRAUD
of
Murder
intimidation.
ILLEGAL
OF
political
Arms
Smuggling
Money
(“bust-out”)
LABOR
projects
personalities
in
trucks
ORGANIZED
of
Substance
and
–bootlegging;
Trading)
workers
a
perpetuated
comes
voters.
or
persons:
Organized
traditional
manned
CRIME
dealing
building)
for
inexport)
dump
organized
SERVICES
of
criminals
RACKETEERING
human
hire
such
political
of
with
to
ACTIVITIES
traditional
scam)
networks.
as
avoid
CRIMES
by
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a
societies
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for
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organization
–gangs.
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patrons
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end
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their
prey
oractivity
view
and
upon
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their
in
of of
clients, and other personalities networks.
GENERIC TYPE OF ORGANIZED CRIMES

1. Political Graft
- committed by political criminals for purposes of gaining profit though violence or force for the
attainment of political goals or ambitions such as used of private armies, buying of votes or
threatening voters.
2. In-Group Oriented Organized Crime
- manned by semi-organized individual with the end view of attaining
psychological gratification such as adolescent gangs.
3. Mercenary/Predatory organized crime
- perpetuated for the attainment of direct personal gain but prey upon unwilling victims.
4. Syndicated Crimes
- comes with a structure organization that participates in illicit activity in society using force, or
intimidation.
TYPICAL ORGANIZED CRIME ACTIVITIES

1. THEFT and FRAUD
Victimizing business:
Hijacking of cargo trucks
Robbery
Bankruptcy fraud (“bust-out”)
Insurance Fraud
Stock Fraud (Inside Trading)
Victimizing individual persons:
Car theft (chop-shop or export)
Burglary (robbery in a building)
Stock Fraud (pump and dump scam)
Victimizing State:
Bid-rigging public projects
Counterfeiting of Money
Smuggling (Alcohol –bootlegging; Cigarettes – butt legging)
Providing immigrant workers to avoid taxes
2. PROVIDING ILLEGAL SERVICES and GOODS

Loan Sharking Murder for hire
Book making Toxic Substance
Gambling People Smuggling
Prostitution Trafficking in human beings
Drug Trafficking Arms dealing
43
Pornography
3. BUSINESS and LABOR RACKETEERING

- Casino skimming
Setting
THEORIES
1.
2.
3.
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5.
MAFIA
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crime.
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officers
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Mafia
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as
- Bid-rigging
- Abusing labor unions
- xtortion (e.g. construction, transport, etc)
- Use of non-union labor and pocketing the wage difference.
- Monopolizing the supply of immigrant workers with the associated people; smuggling.
4. Miscellaneous Activities:
- Money laundering;
- Political corruptions;
- Bullying; and
- And Piracy.
THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Subcultures and social disorganization
4. Social control theory
5. Ethnic succession
MAFIA
- is a term used to describe a number of criminal organizations around the world
- the first organization to bear the label was the Sicilian Mafia based in Italy, known to its
members as Cosa Nostra
- in sum, mafia means protection against arrogance of the powerful, remedy to any damage,
sturdiness of body, strength and serenity of spirit, and the best and exquisite part of life.
- apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a
friend or companion; to defend; preservation, power, integrity, strength, and a condition that
designates the remedy of damage and ill.
OMERTA
- is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the
authorities.
- Ideal of manliness
- Noncooperation with authorities
- Self-control in the face of adversity
- Vendetta-blood washes blood
- Neither government nor church to be trusted
The foundation of the entire mafia is respect. Fear is the engine, and money is
the fuel. But longevity of the mafia as an enterprise is built upon an abiding and
uncommon sense of respect.
44
The penalty for transgression is death, and relatives of the turncoat may also be
murdered. Mafiosi generally do not associate with police (aside perhaps from corrupting
individual officers as necessary). For instance, a mafioso will not call the police when he is a
victim of a crime. He is expected to take care of the problem himself. To do otherwise would
undermine his reputation as a capable protector of others, and his enemies may see him as
weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian
Vespers – against rule of the Capetian House of Anjou on 30 March 1282. In this legend, Mafia
is the acronym for "Morte Alla Francia, Italia Anela" (Italian for "Death to France, Italy cries!").
However, this version is now discarded by most serious historians.
RULES OF AMERICAN MAFIA
- Always show respect to those who can command it.

- Report any failure to show respect to one’s patron immediately.
- Violence must be used, even if only a limited type, to ensure respect.
- Never ask for surnames.
- Never resort to violence in a dispute with a member or associate of another family.
- Never resort to, or even threaten, violence in a member of your family.
- Do not use the telephone except to arrange a meeting place, preferably in code, from
which you will then travel to a place to discuss business.
- Avoid mentioning specifics when discussing business-for example names, dates, and
places- beyond those absolutely necessary for understanding.
- Keep your mouth shut-anything you hear, anything you see, stays with you, in your
head; do not talk about it.
- Do not ask necessary questions. The amount of information given to you is all you need
to carry out your instructions.
- Never engage in homosexual activities.
- If your patron arranges for two parties to work together, he assumes responsibility for
arbitrating any disputes between the parties.
- The boss can unilaterally direct violence, including murder, against any member of his
family, but he cannot engage in murder-for-hire, that is, make a profit from murder.
- The boss cannot use violence against a member or close associate of another family
without prior consultation with that family’s boss.
- The principal form of security in the American Mafia is an elaborate system of referral
and vouching. Vouching for someone who turns out to be an informant or undercover
officer entails the death penalty.
RUSSIAN ORGANIZED CRIME
VORY V ZAKONE
-aka “ thieves with code of honor”
It is the Sicilian counterpart, linked to a territorial-based provision of protection services

and to alliance between upper world and the underworld. It is characterized by the three types
of actors in crime picture at Russia namely:
45
(1) corrupt government officials,
(2) shady business tycoons (oligarch); and
(3) members of criminal gang headed by a so-called authorities and loosely tied
with criminal fraternity known as “thieves in law” (Vory V. Zakone). They were
able to create protective roof through their financial and fraternity connection.
ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)
It first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined
into two syndicates, the Nortenos based in northern California and the Surtenos based in
Southern Califoria.
The Nortenos include such gangs as Big Hazard, the Breed Street Gang and the Silver
Leaf Nortenos (SLN).
The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.
In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation
based in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM
(Partido Revolucionario Mexicano), and Mexicles being the most prominent.
In the Eastern United States

The major syndicates are La Gran Raza (The Great Race) and La Gran Familia (The
Great Family). The Dominican Gangs became the major player in Drug trade in Metropolitan
New York and in Northern New Jersey.
In Miami and Dade County, Florida,

The Cuban Mafia has built a strong base, having taken advantage of an alliance with
Santo Trafficante’s Italian American Mafia family based in Tampa.
In Puerto Rico, the Neta Association began as a prison gang, but it has spread beyond
the island and beyond the prison walls.
ORGANIZED CRIME IN ASIA
China Organized Criminal Groups
1. Gangs (Triad) = work in cooperative ventures involving black market

activities, burglaries and thefts, hijackings and extortions.
2. Criminal Syndicates = commonly involved in sophisticated crimes such as
prostitutions, human trafficking and other organized form of both are
involved in drug trafficking particularly of heroin from the golden triangle as well as
Exploitation of women and children and smuggling of illegal immigrants’ vices.
Dragon Syndicates is another name for the Chinese Triads, a name popularized by
Martin Booth’s much acclaimed study “The Dragon Syndicates: the Global Phenomenon of the
Triads (New York: Carroll and Graf, 2000).
46
The Triad came from the symbolic triangle in their flag which indicates the
three (3) elements: The Heaven, The Earth and the Man.
Hong Kong Organized Criminal Groups

Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They
are involved in various activities ranging from drug trafficking to corruption.
ICAC- Independent Commission Against Corruption is one of the most
active Criminal Justice Unit involved in controlling illicit activities of these triads
JAPAN
Yakuza (8-9-3) or Boryokudan

- is the most influential organized crime group in Japan
- Yakuza makes billions of dollars through corporate extractions and the Sokoiya
(shareholders meeting men).
- Other activities that they are involved include exploitation of women, prostitutions (mostly
coming from the Philippines, Thailand and Taiwan) and gambling den.
CAMBODIA
Drug trafficking and human smuggling are the most notable organized criminal activities
in Cambodia which are widely controlled by the Chinese and Myanmorese.
Other activities involved gambling, corruption, prostitution and money
laundering.
Due to people’s belief of the effect of having sex with virgin women, prostitution became
one of the most expensive organized crime and virgin women are the highest valued
commodities.
REPUBLIC OF KOREA
KEANDAL EMENING SCARUPS

Although not considered as criminal groups, they also engage in criminal
activities someway to help the weak and the poor. They are notable for their loyalty and
faithfulness.
Organized criminal groups come in the form of political groups used as henchmen to
attack political rivals
Several organized groups are associated with YAKUZA and other groups in the United
States are involved mostly in drug trafficking, prostitution and exploitation of women.
MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It
includes the following:
*United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has
connection with Southeast Asian and North America.
* Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and refining
of drugs.
* Myanmar National Democratic Alliance Army – control the plantations and refine
opium into heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are also
47
some of the activities of the group.
TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong Kong
particularly the United Bamboo Gang. They are involved in drug trafficking, prostitution, women
and child trafficking.
SINGAPORE
This is the country with the lowest cases of organized activities due to stringent laws
and severe penalties and the government’s strong will power for the implementation of laws.
THAILAND
The country considered to be the most notorious in the world in terms of sex industry.
Supplies or imports about one (1) million women in different countries in Asia.
VIETNAM
“Nam Cam Gang” is one of the most noted organized crime group in Vietnam
and known for drug trafficking and one of the major transit point of drugs in Laos, Myanmar,
China and Taiwan from Cambodia.
PHILIPPINES
The country considered as the heaven for the sex industry. A number of women are
sent abroad as entertainers but later end-up as prostitutes. Thailand, Japan and other
Asian Countries are common places of their destination. Young children for pedophiles are also
being catered.
1. Francisco Group
- Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and
Mindanao
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is
a nephew of MILF Chairman AL HAJ MURAD
3. Lexus Group
- specializes in carnapping and operates in NCR and Luzon
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
- engages in illegal gambling and operates in Visayas.
6. Superable Family
- a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was
killed in action during a shoot-out with law enforcers
7. Martires KFR group
- killed in Action (KIA)
8. Waray-Waray Group
- an ethnic group engaged in kidnap for ransom operations. Members are either belong
from the family clan or natives from Samar and Leyte. Their leader was arrested on
September 24, 2005.
9. Lupo Rhu Group
48
-lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.
CHAPTER 7: TRANSNATIONAL ORGANIZED CRIME
CONCEPT OF TRANSNATIONAL CRIME

The concept of transnational crime was coined by the United Nations (UN) Crime
Prevention and Criminal Justice Branch to identify certain criminal phenomena transcending
international borders, transgressing the laws of several states or having impact on
another
country.
TRANSNATIONAL CRIME
- a continuing illegal activity of group of persons which is primarily concerned with the
generation of profits, irrespective of national boundaries as a result of globalization.
GLOBALIZATION
refers to the rapid development of the western culture that ultimately
affects other cultures in the world as brought by intellectual and technological advances, in
which some crimes occurring in other countries are attributed.
TRANSNATIONAL ORGANIZED CRIME

- is a crime perpetuated by organized criminal group which the aim of committing one or
more serious crimes or offenses in order to obtain directly or indirectly, a financial or other
material benefits committed through crossing of borders or jurisdictions
ORGANIZED CRIMINAL GROUP

- shall mean a structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing or more serious crimes or offenses established in
accordance with this convention, in order to obtain, directly or indirectly, a financial or material
benefit
SERIOUS CRIME
- shall mean conduct constituting an offence punishable by maximum deprivation of liberty
of at least four years or a more serious penalty
An offense is transnational in nature if:

- It is committed in more than one State;
- It is committed in one State but substantial part of its preparation, planning, direction
or control takes place in another State;
- It is committed in one State but involves an organized criminal group engages in
Criminal activities in more than one State; or
- It is committed in one State but has substantial effects in another State.
Factors Making a Nation “hospitable” to Transnational Crimes

1. Corruption
2. Incomplete or weak legislation
3. Poor enforcement of existing laws
4. Non-transparent financial institutions
49
5. Unfavorable economic conditions
6. Lack of respect for the rule of law in society
7. Poorly guarded national borders
8. Lack of political will to establish rule of law
9. Geographic location (e.g. along arms or narcotics trafficking route)
10. Regional geopolitical issues (e.g. long-standing territorial dispute).
PRIMARY STRATEGIES AGAINST TRANSNATIONAL ORGANIZED CRIME

- Good Governance
- The Rule of Law
- International Cooperation
Executive Order No. 265

- creating the OSETC for a stronger campaign against transnational crime
- the Office of the Special envoy on Transnational Crime is the agency
concerned in resolving overlaps in systems and procedures and determines the
appropriate agency competent to address a specific transnational crime issue
Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons
HUMAN TRAFFICKING
TRAFFICKING IN PERSON (TIP)

- a form of modern-day slavery
- refers to the recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim's consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the vulnerability of the person, or,
the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
Section 3a, RA 9208
Push Factors to Trafficking

1. Individual level
2. Family
50
3. Community
4. Society
Individual level
- Lack of education and information
- History of abuse and exploitation
- Women’s aspiration
Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
- Breadwinner or desire to improve the family’s economic condition
Community
- Congested neighborhood
- Poor housing and living conditions
- Lack of employment opportunities
- Lack of basic social services
Society
- Political and economic insecurity
- Political corruption
- Conflict
- Structural adjustment policies resulting in the rising cost of living
- Poverty
- power relations and gender inequality
- Lure of migration
- Consumerism
- Supply and demand
Pull factors to trafficking

- Increased ease of travel (cheaper and faster travel opportunities, easier access
to passport);
- Higher salaries and standard of living in larger cities and countries abroad (greater
possibilities for acquiring new skills and education, increased job opportunity,
and mobility);
- Established migration routes and ethnic, national communities;
- Active demand for migrant workers in destination countries combined with the
existence of recruitment agencies and persons willing to facilitate jobs and travel; and
- High expectations of opportunities in other countries boosted by global
media and internet access and stories of returning migrants or those whose families
have profited from remittances.
Global Status of Human Trafficking
51
- In 2004, according to U.S government 600,000 to 800,000 people were victims of
trafficking worldwide. (Mostly female and minors and 70 percent were trafficked for sexual
exploitation)
- According to the data of International Labour Organization 12.3 Million people were trafficked
around the world (across borders and individual countries)
- 300, 000 children were trafficked to served in armed conflicts (UNICEF)
TIP in Asia
- 9.5 million were trafficked in Asia (ILO).
(1/3 trafficked for other form of economic exploitation, the rest are for commercial sexual
exploitation)
Status of Human Trafficking in the Philippines

- According to the United Nations Children's Fund (Unicef) an estimated 60,000
to 100,000 children in the Philippines are involved in prostitution rings.
- According to the International Labour Organization (ILO) about 100,000 children are
involved in prostitution.
- US government reports, the number of child victims in the Philippines range from 20,000
to 100,000, with foreign tourists, particularly other Asians, as perpetrators.
- The Philippines is ranked under Tier 2 Watch List in the 2009 Trafficking in Persons
Report of the United States (US) State Department due to the Philippine government’s
alleged failure to show evidence of progress in convicting trafficking offenders,
particularly those responsible for labor trafficking.
Vulnerable sector
- Profiles of women trafficked show that they are mostly young, without or less education
coming from the rural areas and poor families, which include women displaced in Central Luzon
due to the eruption of Mt. Pinatubo or the landslide in Guinsaugon Southern Leyte.
Philippine Government Manifested its Commitment against TIP through

the Creation/Amendment of other legislative acts such as:
- Mail-Order Bride (RA 6955)
- Anti-Rape law of 1997 (RA 8553)
- Rape Victim Assistance and Protection Act of 1988 (RA 8505)
- Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA
7610)
- An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and
Private Undertakings (RA 7658)
- Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042)
- Philippine Passport Act of 1996 (RA 8239)
- Inter-Country Adoption Law (RA 8043)
Republic Act 9208

- Anti-Trafficking in Persons Act of 2003
- Approved May 26, 2003
- Consolidation of Senate Bill No. 2444 and House Bill No. 2444
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
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juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which
promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates
and stickers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving
the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
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person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as

qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is affected through Republic Act No. 8043, otherwise known as the
"Inter- Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage; Deficiency Syndrome (AIDS).
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three
(3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
COMPUTER CRIME
- any crime accomplished through special knowledge of computer technology.
- any crime where computer is used as a tool or as a target or incidental to
the commission of a crime.
- Also known as Cybercrime.
- Any illegal act in which knowledge of computer technology is used to commit
the offense. (L. E. Quaratiello)
- All illegal activities that are committed by or with the aid of computer or information
technology or in which the computers are the target of the criminal enterprise. (Martin L.
Forst)
CYBER CRIME IN THE PHILIPPINES
The LOVE BUG

By far the most popular incidence of cybercrime in the Philippines is the “ILOVEYOU
Virus” or the LOVE BUG. The suspect in the case, a 23-year old student from a popular
computer university in the Philippines drafted the virus with the vision of creating a program
that is capable of stealing passwords in computers, ultimately to have free access to the
internet.
During the height of the LOVE BUG incident, Reuters has reported: "The Philippines
has yet to arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws
that deal with computer crime, a senior police officer said". The fact of the matter is that there
are no laws relating to Cybercrime in the Philippines. The National Bureau of Investigation is
finding it difficult to legally arrest the suspect behind the 'Love Bug' computer virus.
As such, the need for countries to legislate Cyberlaws relating to Cybercrime arises on
an urgent priority basis. Due to the incident, the Philippines have seen the necessity for the
passage of a law to penalize cybercrimes, thus the enactment of Republic Act 8792 otherwise
known as the Electronic Commerce Act.
RA 8792
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- legislated because of I love you virus
- This Act shall be known and cited as the "Electronic Commerce Act.”
- Approved June 14, 2000
Common Types of Cyber Crimes already handled by NBI

1. HACKING / CRACKING
2. MALICIOUS EMAIL SENDING
3. INTERNET PORNOGRAPHY
4. LAUNCHING OF HARMFUL COMPUTER VIRUSES
5. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DOS)
6. WEBSITE DEFACEMENT
7. ACQUIRING CREDIT CARD INFORMATION FROM AN E-COMMERCE WEBSITE
8. INTERNET SHOPPING USING FRAUDULENTLY ACQUIRED CREDIT CARDS
9. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY ACQUIRED CREDIT CARD
10. ON-LINE AUCTION FRAUD
WHAT ARE COMMON METHODS AND STANDARD TERMS USED TO DESCRIBE CYBER
CRIME?
Hacking
- is the act of illegally accessing the computer system/network of an individual, group or
business enterprise without the consent or approval of the owner of the system
Cracking
- is a higher form of hacking in which the unauthorized access culminates with the process of
defeating the security system for the purpose of acquiring money or information and/or availing
of free services
Malicious Sending of E-mails

- the sending of malicious and defamatory electronic mails for the purpose of extorting
money, or threatening prospective victims
Internet Pornography
- The trafficking, distribution, posting, and dissemination of obscene material including
children’s nude pictures, indecent exposure, and child sex slavery posted into the internet, live
streaming videos aired through the internet
A computer virus
- is a computer program that can copy itself and infect a computer without permission or
knowledge of the user
Launching of Harmful Computer Virus

1. Virus
2. Worm
3. Trojan Horse
Worm
- spread itself to other computers without needing to be transferred as part of a host
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Trojan horse
- is a file that appears harmless until executed. Trojan horses do not insert their code into
other computer files
Logic bomb
- a set of instructions secretly inserted into a program that is designed to execute if a
particular program is satisfied
- the bomb lies dormant until a particular date is reached or command entered
Identity theft
- defined as the criminal act of assuming person’s name, address, social security number,
and date of birth in order to commit fraud
Phishing
- sending fraudulent e-mails or website pop-ups, to get victims to divulge sensitive financial
information such as credit card numbers or social security numbers
Distributed Denial of Service Attacks

- DDoS attacks can be committed by employing multiple computers controlled by a single
master computer server to target a particular server by bombarding it with thousands of
packets of data in an attempt to overwhelm the server and cause it to crash
Website defacement
- is the unauthorized modification of a website
Acquiring Credit Card Information from a Website that offers E-Services

- When you shop online, the most convenient way to pay for the items you order is through
your credit card. When you pay thru your credit card, you need to disclose information such as
your complete name, your postal address, zip code, state, phone number credit card account
number, its expiration date and its security code/pin. Upon entering the above-mentioned
information, it will be verified “real-time” by the site merchant. It usually takes a minute to
verify whether the credit card is valid or invalid. If valid, the information you entered will be
stored in the website’s database server. Hackers look for the file containing the credit
card information of all the customers who bought from a certain e-commerce site. Upon
acquisition thereof, it will be decrypted to make it readable and all the information of the
transactions will be made available. Hackers prefer VISA, AMERICAN EXPRESS and
MASTERCARD when filtering credit card information. It is because VISA and MASTERCARD are
widely accepted by almost ALL Internet Shopping Sites. American Express on the other hand
has no CREDIT LIMIT
- Credit card numbers of American Express start with the number 3, MasterCard credit
cards start with the number 5 while VISA Credit cards start with the number 4
- American Express credit cards have 15 digits Account Number while Visa and
Mastercard credit cards contain 16.
Internet Shopping Using Fraudulently Acquired Credit Card
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Hackers, upon acquiring the desired credit card information now conducts
“window shopping”, hopping from one shop site to another, looking for cellphones, gadgets,
apparels, computer peripherals, softwares etc. When he finds what he wants to buy, he then
add/s his desired item/s to the shopping cart and checkouts. He will then supply
the Credit Card information of the fraudulently acquired credit card such as the
Complete name of the cardholder, address, zip code, state, email address, credit card
number and expiration date. Other pertinent information such as shipping address of
the items ordered will have to be supplied too.
Wire Transfer of Funds from Fraudulently Acquired Credit Card

When a hacker knows your complete credit card information, he can extract CASH from
the acquired credit/debit card online. By signing up with Western Union Money
Transfer (http://www.westernunion.com) using the fraudulently acquired credit card
information, he can pretend that he will just send money to his relative and western union will
directly debit the credit card and it will reflect on the billing statement of the original credit card
holder. Wire transfer of funds using credit cards require the credit card security number.
Online Auction Fraud

- First, the fraudster should sign up for an account at an online auction site such as e-bay,
yahoo auctions or U-Bid
- The fraudster falsifies all information that he enters on the signup page. The only true
information is his email address, for he will be contacted by interested bidders by means
of email. He will be asked to provide a credit card. This is where he will
need the fraudulently acquired credit card. When all of the required fields are
signed up, his application will be approved and he will be a registered member of the said
auction site. He is now then allowed to bid, and auction any item. A fraudster will auction
expensive items such as laptops, cellphones, PDA’s (handheld devices), desktop
computers, camcorders and hard to find memorabilias. He will then sell it at a
lower price for legitimate bidders to bid immediately. An online fraudster only accepts
payments thru personal checks, money order, wire transfer and western union money
transfer. It is bluntly stipulated in his auction page.
TECHNICAL TERMS
ISP – stands for Internet Service Provider. It provides internet service to internet users.
IP Address – series of numbers assigned by an Internet Service Provider to an internet user
when it connects to the Internet
Dynamic IP Address – a type of IP Address that changes everytime the internet user
accesses his Internet Service Provider. It is usually assigned to dial-up or base speed broadband
service subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps service etc.)
Static IP Address – a type of IP Address that is constant regardless of the time or number of
attempts the internet user accesses the internet. It is usually assigned to High-Speed Internet
Users or Corporate Accounts (eg. ADSL (Asymetric Digital Subscriber Line) connections, E1
Internet Connections, OC3 Internet Connections, T1 Internet Connections, Leased Line Internet
Connections)
Website – a portfolio of a person / organization / entity / company which is posted on the
Internet for accessibility worldwide.
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The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all
crimes committed via the internet. The identification of the IP Address leads to the identity of
the Internet Service Provider (ISP) used to access the internet and eventually the subscriber of
the account where the internet activity was performed.
The IP Address as given by the ISP depends on the type of internet account a
subscriber
maintains, whether it is a DYNAMIC IP or STATIC IP.
If Static:
Subscriber information (name, billing address, installation address, type of
internet account, usage and costs etc.) if applicable
If Dynamic
log reports indicating telephone number used to make “dial-up” access
VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company
should be analyzed to determine whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the
more important matter to consider. The purpose of a Search Warrant application/
implementation in a cyber crime investigation, as with any other offense is to
confiscate and seize the instruments/implements, tools used in the commission of
the offense. Since the crime was committed with the aid of a computer, the same and its
peripherals are the instruments used in its commission.
TOP TEN SECURITY TIPS FOR COMPUTER USERS

1. Never send an e-mail that you wouldn't let your wife or boss to read.
2. Turn off your computer when you are not using it. It is the only sure way to keep the
hackers out.
3. Use a password to log onto your computer. Most operating system let you
set a password and to change it regularly.
4. Don’t accept cookies. If you have to, delete them when you are finished surfing.
5. Use the latest versions and software patches for your e-mail and your browser. New security
loopholes are constantly being discovered.
6. Keep your antivirus up to date. Hackers never rest. Every email attachment can contain a
virus, so scan it before you open it.
7. Watch your laptop at the airport. Be specially careful at X-ray security machines, which is
where most laptop theft occur.
8. Don’t use the same password over and over. Make new variations
9. Use a paper shredder. Don’t just throw out unsolicited credit card application. Shred them.
10. Never give out your social security number, online or off. This information in a wrong
hand is license to steal.
TERRORISM
- the word terror derives from the Latin word terrere, meaning “to frighten”
- the use or threatened use of force design to bring about political change. (Brian Jenkins of
the Rand Corporation)
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- the unlawful use of force or violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of political or
social objectives (FBI)
- an action the urban guerilla must execute with the cold-bloodedness, calmness and decision
(Modern godfather of urban guerilla, Carlos Marighella)
- a premeditated, politically motivated violence perpetuated against noncombatant targets by
groups of clandestine state agents, usually intended to influence an audience
(U.S Department of State)
- Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, opined that terrorism
has four basic components or elements providing guides to defining it, namely:
1. It is premeditated, planned in advance, rather an impulsive act of rage;
2. It is political and not criminal, but designed to change existing political order;
3. It is aimed at civilians and not a military targets or combat ready troops; and
4. Sub-national groups execute it, not the army of a given country.
- the unlawful or threatened use of force or violence by a person or an organized group
against people or property. With the intention of intimidating or coercing
societies or
governments, often for ideological or political reasons, (Webster Dictionary)
- a threat or actual use of force or violence for political or other purpose, to
foster fear, distrust, insecurity, and unrest among specific or the general population
- violence for effect not primarily, and sometimes not all for the physical effect on the actual
target, but rather for its dramatic on an audience
- the calculated use of violence or the threat of violence to attain goals, often political or
ideological in nature
- violent criminal behavior designed to generate fear in the community, or a
substantial
segment of it, for political purpose
International terrorism
- politically-oriented extreme violence that is perpetrated by residents or representatives of one
or more countries against the interest of another country or by members of a violent foreign
politically directed organization not affiliated with the country being attacked for the purpose of
forcing a change in government or in how society functions
Al Qaeda
- in Arabic, this means The Base
- founded by Osama bin Laden in 1980
Osama bin Laden

- Organized al Qaeda
- born in 1955 or 1957 in the city of Riyadh
- responsible for truly heinous terrorist incidents, including the 2001 destruction of the World
Trade Center (WTC)
- died killed in Pakistan on May 2, 2011 (Operation Neptune Spear)
Ayman Mohammed Rabie al-Zawahiri

- Born June 19, 1951
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- An Egyptian physician, Islamic theologian and current leader of al-Qaeda.
Hamas
- "enthusiasm“
-an acronym of HḤarakat al-Muqāwamah al- Islāmiyyah "Islamic Resistance Movement")
- is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip.
- Sheikh Ahmed Yassin & Mahmoud Zahar
- “Hamas is an extremist group...it is one of the deadliest terrorist organizations in the world
today.” George W. Bush
Hezbollah
- literally "Party of God “
- is a Shi'a Muslim militant group and political party based in Lebanon.
- receives financial and political support from Iran and Syria, and its paramilitary
wing is regarded as a resistance movement throughout much of the Arab and Muslim worlds
- the United States, the Netherlands United Kingdom, Israel, Australia, and Canada classify
Hezbollah as a terrorist organization, in whole or in part
Jemaah Islamiya
- Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include
Singapore, Indonesia, Malaysia, Brunei, southern Thailand, and southern Philippines.
-JI was added to the United Nations 1267 Committee's list of terrorist organizations linked to
al-Qaeda or the Taliban on 25 October 2002 under UN Security Council Resolution 1267
Domestic Terrorism
- politically oriented extreme violence that is perpetrated by residents of a country within that
country in order to force a change in government or how in society functions
TERRORIST IN THE PHILIPPINES
Rajah Solaiman Movement

- aka “Balik Islam” or “Back To Islam”
- founder Hilarion del Rosario Santos III aka Hannah Santos, aka Ahmed Santos, aka
Hilarion del Rosario, converted to Islam in 1993 and married into the top ranks of the
leadership of the Abu Sayyaf Group (ASG)
- one of the latest groups affiliated with ASG, MILF and JI
ABU SAYYAF GROUP (ASG)

Aliases:
- Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the Swordsman
Founding Philosophy
- The Abu Sayyaf Group (ASG) was formed in 1991 during the peace process between
the Philippine government and the nationalist/separatist terrorist group, the Moro
National Liberation Front (MNLF). Angered by the movement toward a peaceful
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resolution, certain MNLF members formed Abu Sayyaf
DIFFERENT TYPES OF TERRORISM

1. Anti-colonial Terrorism
2. Ideological Terrorism
3. Religious Terrorism
Ethnocentric
- the category of terrorist organization which is aimed at establishing a dominant or superior
race that will be looked upon by the entire populace in the world.
Revolutionary
- the category of terrorist group which is dedicated to overthrow an established order and
replacing it with a new political or social structure.
Political
- the category of terrorist group which aims in restructuring the society.
Nationalistic
- those who commit acts of violence due to their loyalty or devotion to their country.
ROOT CAUSES OF TERRORISM

1. Political Ideologicalism
2. Religious Fanaticism
Jihad
- the term which refers to the holy war waged by members of the Islamic religion against
the Jews.
IDEOLOGY
- body of ideas affecting the social needs and aspirations of an individual or group, a class
or a culture”
- Bovier defines it as “a set of doctrines or beliefs that from the basis of a
political, economic and other systems”.
TERRORIST TACTICS
1. Bombings
2. Assassinations and Assaults
3. Kidnapping
4. Hostage-taking/skyjacking
5. Weapons of mass destruction (WMD)
WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?

- term used to describe a massive weapon with the capacity to indiscriminately kill
large number of people
- it could be nuclear, biological and chemical weapons
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Categories of chemical agents (mostly in liquid form)
1. Nerve agents
2. Blistering agents
3. Chocking agents
4. Nerve agents
1. Nerve Agents
- agents that disrupt the mechanism by which nerves communicate with organs they stimulate
- in other words the agents gets the nerves to send the wrong signal to the muscles they
control and hence, disrupt muscle function of the body
ex. Sarin Gas
2. Blistering Agents
- there are three common of this type; the most widely known are mustard gas, lewisite, and
phosgene oxime. Mustard gas, first used in World War I, will caused blistering on the exposed
portions of the body, as well as on internal organs. It will generally cause blindness and then
death by respiratory failure
3. Chocking Agents
- one of the deadliest choking agents is phosgene gas. This agent damages
the respiratory system and causes the lungs to fill with water, and thus chokes the victim.
Ex. chlorine
Biological Agents (liquid or dry form)

1. Anthrax
2. Botulinum toxin
3. Brucellosis
4. Cholera
5. Plague
6. Typhoid fever
7. Rickettsia
Anthrax
- a single cell organism that is produced by a fermentation process, such as that by which
beer is made
- caused by Bacillus anthracis and the effects of exposure include a severe infection that
attacks the skin, lungs, and gastrointestinal tract
- direct contact will cause formation of dry scabs all over the victims body and can develop
into systematic infection
- when inhaled, the agent attacks the respiratory system with symptoms appearing from
one to seven days
Botulinum toxin
- a protein made by the clostridium botulinum bacteria
- exposure to the toxin, the nerve cell synapses are affected, causing palsy, spasms, and then
paralysis
Brucellosis
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- also known as undulant fever
- symptoms can include intermittent or prolonged fever, headaches, profuse sweating, chills,
pains in the joints and muscles and fatigue Cholera
- an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting accompanied by severe diarrhea
and a rapid loss of body fluids
Plague
- in natural transmittal form, the plague may the bubonic plague, or black death that
eradicated a great number of European in the Middle Ages
- transmitted from person to person by respiratory transmission, through rats, or from the
bite of an infected flea
- symptoms are high fever accompanied by general aches, severe weakness, and
pneumonia
Typhoid fever
- caused by an organism called salmonella typhosa which causes fever and
frontal headaches and is usually accompanied by rose colored spots on the skin
- must employed through food and limited water contamination
Rickettsia
- disease that appears in domesticated animals such as sheep, cattle, and goats
- spread to human through inhalation of particles contaminated with organism
- incubation period, ranging from 10 to 14 days
BOMBING
Terrorist commit bombings for a number of reasons:

1. To gain media attention, particularly the target is visible or symbolic.
2. Bombing is a cost effective and efficient way to attack a facility.
3. Bombing can be accomplished with a small number of personnel.
4. Bombing is inexpensive in comparison to alternatives such as kidnapping or hostage- taking.
5. Random bombing make a considerable impact on the population, because more people fear
a bomb attack than being kidnapped or taken hostage.
6. Explosives are readily available through theft, sympathetic supporters, or
purchase. Explosives can be constructed through the use legitimately purchased
chemicals, fertilizers, and other material.
Types of bombers
1. Amateur
2. Professional
3. Psychopathic
4. Suicidal
1. Amateur
- can be described as experiments
2. Professional
- builds or bombs or does both for profit
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3. Psychopathic
- acts without rhyme or reason
4. Suicidal
- major attack weapon in recent years, particularly among Islamic terrorist groups
Number of elements which are almost universal in modern terrorist activities

- The use of violence to persuade
- Bombings or other attacks are employed to “make a point” with target victims.
- Selection of targets and victims for maximum propaganda value-
- The use of unprovoked attacks
- Maximum publicity at minimum risk
- Use of surprise to circumvent countermeasures
- Threats, harassment, and violence
- Disregarding women and children as victims
- Propaganda is used to maximize the effect of the violence
- Loyalty to themselves or kindred groups
R.A. 9372
- Human Security Act of 2007
- Approved on March 6, 2007
- Effective on May 15, 2007
Terrorism
– any person who commits an act punishable under any of the following provisions of the RPC:
(Sec. 3)
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d’ etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction)
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974);
and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)thereby sowing and creating a condition of widespread
and extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of the crime of
terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the
benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
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R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism
- Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty
(40) years of imprisonment
- There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism
The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team may, upon a
written order of the Court of Appeals, listen to, intercept and record, with the use of any mode,
form, kind or type of electronic or other surveillance equipment or intercepting and tracking
devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken or
written words between members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications

between lawyers and clients, doctors and patients, journalists and their sources and confidential
business correspondence shall not be authorized.
MONEY LAUNDERING
- MONEY LAUNDERING IS A CRIME.
- MONEY LAUNDERING IS ALSO THE WORLD’S THIRD LARGEST INDUSTRY BY
VALUE.
- Cash is a bearer instrument and completely replaceable and easily convertible, lends
anonymity to many forms of criminal activity and of course is the preferred medium of
exchange in the criminal world.
- “Covers all procedures to change, obscure or conceal the beneficial ownership or audit trail of
illegally obtained money or valuables so that it appears to have originated from a legitimate
source.”
- “A process through which the existence of an illegal source of unlawful application of illicit
gains is concealed or disguised to make the gains legitimate, thereby helping to evade
detection, prosecution, seizure and taxation.”
“Money Laundering” is called what it is because the term perfectly describes what takes
place, illegal or dirty money is put through a cycle of transactions, or “washed”, or “laundered”,
so that it comes out the other end as legal, or clean money.
In other words, the source of illegally obtained funds is obscured through a succession
of transfers and deals in order that those funds can eventually be made to appear legitimate
income.
How serious is the problem?

- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes,
providing them with the incentive and means to perpetrate such activities and at the same time
expand and consolidate their forces.
- Corrupts financial institutions, control sizeable sectors of the economy through
65
investments and even bribe and infiltrate governments. In extreme cases, it may lead to the
virtual take-over of a legitimate government.
- Destroys the integrity of governments. With the increasing awareness of the ill-effects of
money laundering and the growing interdependence among global communities, countries that
are known to be used by money launderers could be placed in a bad light, adversely affecting
their financial institutions and relations within regional and global economies.
The three common factors identified in laundering operations are:

a. The need to conceal the origin and true ownership of the proceeds;
b. The need to maintain control of the proceeds;
c. The need to change the form of the proceeds in order to shrink the huge volumes of
cash generated by the initial criminal activity, the so-called “predicate offense” or
“unlawful activity”.
IMPUNITY
- without fear of prosecution
- without fear of confiscation
Money laundering is not a single act but is in fact a process that is accomplished in three
basic steps or stages:
a. Placement
b. Layering
c. Integration
- The physical disposal of cash proceeds derived from the unlawful activity.
- The aim is to remove cash from the location of acquisition to avoid detection.
- Separating illicit proceeds from their source by creating complex layers of
financial transactions designed to disguise the source of money, subvert the audit
trail and provide anonymity.
- The purpose is to disassociate the illicit proceeds from the unlawful activity by creating
intentionally a complex web of financial transactions aimed at concealing any audit trail as well
as the source and ownership of funds.
- The final stage in the process at which the money is integrated into legitimate economic and
financial systems and is assimilated with all the other assets in the system.
- Integration of laundered money into the economy is accomplished by making it appear to
have been legally earned. Thus, exceedingly difficult to distinguish between legal and illegal
wealth.
Laundering of Proceeds
- Mix dirty money with legitimate funds
- Use dirty money for legitimate purposes
- Invest dirty money in legitimate business/es
The Vienna Convention of 1988 – The United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances
- “To deprive persons engaged in illicit traffic of the proceeds of their criminal activities and
thereby eliminate their main incentive for doing.”
66
- Taking profit away from the crime!
- Fighting money laundering prevents the criminal from enjoying his ill-gotten gains and he will
also be unable to infuse the same back to his criminal activity or organization.
- The Financial Action Task Force (FATF) is the international body formed by the leading
industrial countries in the world, collectively known as the Group of Seven (“G7”), during
the Paris G7 Summit of 1989.
- The Forty Recommendations
- List of measures that the FATF encourages all nations to adopt in order to institute and
implement an effective anti-money laundering program. They constitute the international
standards of anti-money laundering measures with respect to the criminal justice
system, law enforcement procedures and the regulation of the financial system.
1. Criminalization of money laundering

2. Establishment of a system of suspicious transaction reporting
3. Creation of a centralized financial intelligence unit or “FIU”
4. Removal or relaxation of bank secrecy laws
5. Institution of a system allowing mutual assistance and cooperation between countries
to apprehend and prosecute suspected money launderers
The FATF cracks down on terrorist financing with the following nine special
recommendations:
6. Provide the widest possible range of assistance to other countries’ law enforcement and
regulatory authorities for terrorist financing investigations.
7. Impose anti-money laundering requirements on alternative remittance systems.
8. Strengthen customer identification requirements in international and domestic wire transfers.
9. Ensure that entities, in particular non-profit organizations cannot be used to
finance
terrorism.
- The provisions of the Anti-Money Laundering Act of 2001 (AMLA) or R.A. No.9160, as
amended, lays down the Philippine policies and principles to prevent banks,
insurance companies and the securities and capital markets and industries from being utilized
by money launderers to “wash” their so-called “dirty money”.
The two-fold policy of the AMLA are :

1. To protect and preserve the integrity and confidentiality of bank accounts;
2. to ensure that the Philippines is not used as a money laundering site
of the proceeds of unlawful activities.
- Thus, it is the Philippines’ policy not only to protect depositors and investors but of
equal importance is the investigation, apprehension and prosecution of
suspected money launderers.
- Under the AMLA, money laundering is “ a crime whereby the proceeds of an unlawful activity
are transacted, thereby making them appear to have originated from legitimate sources.”
- Money Laundering as a crime is committed in three (3) different ways under the AMLA
- “Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.”
67
- Imprisonment of 7 to 14 years and a fine of not less than P 3 Million but not more than
twice the value of the monetary instrument or property involved in the transaction.
- “Any person knowing that any monetary instrument or property involves the proceeds of
an unlawful activity, performs or fails to perform any act as a result of which he facilitates
the offense of money laundering referred to in paragraph (a) above.”
- Imprisonment of 4 to 7 years and a fine of not less than P 1 Million but not more than P 3
Million.
- “Any person knowing that any monetary instrument or property is required under this Act
to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.”
Other penalties include:

- Forfeiture of the monetary instruments or property involved in the money laundering
offense in favor of the Philippine government.
- Perpetual or temporary absolute disqualification from public office, as the case may be, if
the offender be a public official or employee.
- If the offender is a corporation, partnership, association or any juridical person,
the penalty shall be imposed on the responsible officer who participated in or allowed by
gross negligence the commission of the crime.
- “Unlawful Activity” refers to any act or omission or series or combination
thereof involving or having DIRECT relation to any of the following:
- Piracy on the high seas
- Qualified Theft
- Swindling
- Smuggling
- Offenses under the E-Commerce Act
- Hijacking, destructive arson, murder,
- Violations of the Securities and Regulation Code
- Felonies or offenses of a similar nature under penal laws of other countries
The Anti-Money Laundering Council (AMLC) is the financial intelligence

unit of the Philippines and is composed of the following officials :
- The Governor of the Bangko Sentral ng Pilipinas
- The Chairperson of the Securities and Exchange Commission
- The Commissioner of the Insurance Commission
A COVERED TRANSACTION is a transaction in cash or other equivalent

monetary instrument involving a total amount in excess of PHP500,000.00 within one (1)
banking day.
Republic Act No. 9160

- approved on September 29, 2001
- this Act shall be known as the "Anti-Money Laundering Act of 2001.“
For the prevention of money laundering, the AMLA contains specific provisions on the
following areas:
a. Customer identification
b. Keeping of records
c. Recognition and reporting of covered and suspicious transactions
68
d. Training
Importance of Customer Identification

The inadequacy or absence of “KYC” standards can subject banks to serious customer and
counter (third) party risks, especially:
1. Reputational risk
2. Operational risk
3. Legal and concentration risk
Reputational Risk
- the potential that adverse publicity regarding a bank’s business practices and
associations, whether accurate or not, will cause a loss of confidence in the integrity of the
institution.
Operational Risk
- the risk of direct or indirect loss resulting from inadequate or failed internal processes,
people and systems or from external events.
Legal Risk
-the possibility that lawsuits, adverse judgments or contracts that turn out to be
unenforceable can disrupt or adversely affect the operations or condition of a bank.
RA 9194
- approved on March 7, 2003
- An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001
ARM SMUGGLING
Smuggling
- also known as trafficking, is the clandestine transportation of goods or persons past a
point where prohibited, such as out of a building, into a prison, or across an international
border, in violation of the law or other rules
WHAT ARE FIREARMS?

- includes handguns, revolvers, pistols, rifles, muskets, carbines, shotguns, cannons and all
other deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged
by means of gunpowder or other explosives
- also includes air rifles and air pistols not classified as toys under the provisions of Executive
Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete
firearm.
FIREARMS TRAFFICKING
- refers to the act of any person who, through the use of any fraudulent machinations,
shall import or bring into, or export from, the Philippines, or assist in so doing, any firearm or
parts thereof, explosive or ammunition or machine, implements, equipment or tools for the
manufacture of firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
69
- receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment or sale of said firearms or parts thereof, explosive or ammunition or
machine, implements, equipment or tools for the manufacture of firearms, ammunition
or explosives after importation, knowing the same to have been imported contrary to
law.
Why does this illicit activity flourish?

- It is a dangerous but profitable criminal enterprise.
- However, it threatens not only public safety and national security but also endangers,
and oftentimes, takes away the lives of innocent persons.
- It is one of the transnational organized crimes that affect not only the Philippines and
other neighboring Asian countries but also the rest of the world.
- The country lacks anti-firearms smuggling/trafficking laws.
- No region is immune to illicit trade and trafficking in small arms and light weapons
- Collaborative and cooperative measures are essential to address this transnational threat.
Why should it be addressed?

- It poses a serious threat to national security and a stumbling block to
economic development.
- Firearms can be tools of violence. Letting the control of the tools of violence get out of hand
can be a disaster for any society.
Efforts to curtail the problem

- Improvement of the traceability of firearms;
- Passage of relevant laws and providing stiffer penalties thereto;
- Encouraging return of loose firearms through programs such as amnesty and “balik-
baril” programs; and
- More extensive law enforcement.
RELEVANT LAWS
- The Memorandum for the SILG recommending the phase-out of the use, manufacture or
sale of Paltik (home-made) Firearms; and
- The PNP Circular on the disposition of Captured, Confiscated, Surrendered and
Deposited Firearms, Ammunition and Explosives.
BASIC FIREARMS LAWS, RULES AND REGULATIONS:

Section 1, Republic Act No. 8294:
Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession
of Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of
Firearms or Ammunitions.
Penalty: Prision correccional in its maximum period and a fine of not less
that Fifteen Thousand pesos(P15,000.00)
(low-powered firearm such as rim fire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition or machinery, tool or instrument used or intended to be
used in the manufacture of any firearm or ammunition: Provided that no other
crime was committed)
Section 1, Republic Act No. 8294:
70
- Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunitions.
- Penalty:Prision mayor in its minimum period and a fine of Thirty Thousand
pesos (30,000.00)
- (high-powered firearm which includes those with bores bigger in diameter that .38
caliber and 9 millimeter such as caliber 40, 41, 44, 45 and also lesser calibered firearms but
considered powerful such as caliber 357 and caliber .22 center fire magnum and
other firearms with firing capability of full automatic and by burst of two or
three: Provided however, That no other crime was committed by the person arrested)
INTELLECTUAL PROPERTY THEFT

Intellectual property theft is used interchangeably with intellectual property piracy which
is the unauthorized copying of goods, or works such as software, for resale by way of profit or
trade; the production and sale by way of trade of copies of goods which have been made
without the authority of the owner of the intellectual property; the facilitation of their
production, and the distribution of such goods including importation and retailing; counterfeiting
or pirating of goods facilitated by use of the Internet or satellite technologies, or piracy or theft
of information or broadcasts, or unauthorized photocopying of books for education
purposes, or of unauthorized end-user piracy of software beyond the purchaser’s license, or
piracy of domain names or company names, or counterfeiting of currency; the unauthorized
manufacture and distribution of copies of such goods and works which are intended to appear
to be so similar to the original as to be passed off as genuine examples. This includes use of
famous brands on clothing not manufactured by or on behalf of the owner of the trade mark,
and exact copies of CDs containing any material or software, which are traded in a form
intended to be indistinguishable to ordinary consumers from the genuine product.
Intellectual property right is “the legal ownership by a person or business of a copyright,
design, and patent, trade mark attached to a particular product or process which
protects the owner against unauthorized copying or imitation. Such property rights are an
important element of product differentiation and confer temporary monopoly advantages to
suppliers” (Pass, Lowes and Davies 1993: 265). The term intellectual property rights include
copyright and related rights, trademarks and service marks, geographic indications, industrial
designs, patents, layout-designs.
Four categories of intellectual property according to Nicole Leeper Piquero

- Patents
- Trademarks
- Trade secrets
- Copyright
Republic Act No. 8293

- approved on June 6, 1997
- This Act shall take effect on 1 January 1998.
- Intellectual Property Code of the Philippines.
RA 10088
- known as the "Anti-Camcording Act of 2010
- Approved on May 13, 2010
71
DRUG TRAFFICKING
The Drug Trade

From the farmers to the producers, the smugglers, the street dealers, and the users, the
drug trade is deeply rooted in the global economy. It is protected and overseen by powerful
groups known as drug cartels that make huge profits from this multibillion-dollar industry.
What is drug trafficking?

- another term for dug trade
- refers to the illegal process through which narcotics and other illegal drugs are
produced, transported, and sold.
- the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.
- generally refers to the sale and distribution of illegal drugs
R.A. 6425 – Dangerous Drug Act of 1972 was repealed by,
R.A. 9165 – Comprehensive Dangerous Drug Act of 2002
ENVIRONMENTAL CRIME
Environmental Crime
- the deliberate evasion of environmental laws and regulations by individuals and
companies in the pursuit of “personal interest and benefit.” Where these activities involve
movements across national boundaries, or impacts upon the world as a whole, they can
be termed "international environmental crime”
The most common types of environmental crime fall under these major categories:
(1) biodiversity;
(2) natural resources-related crime;
(3) wastes;
(4) banned substances;
(5) other environmental offences like biopiracy and transport of controlled biological or
genetically modified material; Illegal dumping of oil and other wastes in oceans
violations of potential trade restrictions under the 1998 Rotterdam Convention on the
Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade; Trade in chemicals in contravention to the 2001 Stockholm;
Convention on Persistent Organic Pollutants; and fuel smuggling to avoid taxes or future
controls on carbon emissions.
ECONOMIC CRIME
Economic Crime
- referred to as commercial crimes and known also as “white collar” crimes
- any act characterized by fraud, concealment, or a violation of trust and
are not dependent upon the application or threat of physical force or violence
72
PIRACY AND ARMED ROBBERY AGAINST SHIPS
Sea Piracy is described as

(1) an act of any person who, on the high seas, shall attack or seize a vessel or, not being a
member of its complement, nor a passenger, shall seize the whole or part of the cargo of
said vessel, its equipment, or personal belonging of its complement or passengers;
(2) any attack upon or seizure of any vessel, or the taking away of the whole or part thereof, or
its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of violence against or intimidation of
persons or force upon things committed by any person, including a passenger or
member or complement of said vessel, in Philippine waters, and
(3) any person who knowingly and in any manner aids or protects pirates, such as giving them
information about the movements of the police or other peace officers of the government,
or acquires or receives property taken by such pirates, or any person who abets
the commission of the piracy.
The definition of piracy is contained in article 101 of the 1982 United

Nations Conventions on the Sea (UNCLOS)
“Piracy consist of any of the following acts:
a. any illegal acts of violence or detention, or any act of depredation, committed for
private ends by the crew or the passengers of a private ship or a private aircraft and
directed:
a.1 on the high seas, against another ship or aircraft, or against
persons or property on board of such ship or aircraft.
a.2 against a ship, aircraft, person or property in a place outside the jurisdiction
of any State.
b. Any act of voluntary participation in the operation of a ship or an
aircraft with knowledge of facts making it a pirate ship or aicraft;
c. Any act inciting or of intentionally facilitating an act describe in sub-paragraph (a) or
(b)
SMUGGLING OF CULTURAL PROPERTIES

Smuggling of Cultural Property refers to the act of any person who, through the use of
any fraudulent machinations, shall import or bring into, or export from, transfer
from, the Philippines, or assist in so doing, any cultural properties.
Cultural properties are old buildings, monuments, shrines, documents, and objects
which may be classified as antiques, relics, or artifacts, landmarks, anthropological and
historical sites, and specimens of natural history which are of cultural, historical, anthropological
or scientific value and significance to the nation; such as physical, anthropological,
archaeological and ethnographic materials, meteorites and tektites; historical objects and
manuscripts; household and agricultural implements; decorative articles or personal adornment;
works of art such as paintings, sculptures, carvings, jewelry, music, architecture,
sketches, drawings, or illustrations in part or in whole; works of industrial and
commercial art such as furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or
other heraldic items, metals, coins, medals, badges, insignias, coat of arms, crests, flags, arms
and armor, vehicles or ships or boats in part or in whole.
73

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CDI 3 - SPECIALIZED CRIME INVESTIGATION 2 (WITH SIMULATION ON

INTERROGATION AND INTERVIEW)

CHAPTER 2: THE CRIMINAL INVESTIGATOR AND CRIMINAL INVESTIGATION

B. Goal of Criminal Investigation

C. Five Functions of Criminal Investigation

F. Phases of Criminal Investigation

Preliminary investigations that satisfy all the investigative criteria do not

G. Elements of Criminal Investigation as a Process

H. Kinds of Criminal Investigation

I. Modes of Criminal Investigation

J. The Six (6) Cardinal points of Criminal Investigation

1. Its importance are the following:

2. Remember to get the specifics

CHAPTER 3: RELEVANT TOPICS IN FUNDAMENTAL CRIMINAL INVESTIGATION

Confession distinguished from admission

Kinds of Extra-Judicial Confession

CHAPTER 4: TOOLS OF CRIMINAL

Four I’s of Criminal Investigation

Significance of Information in Criminal Investigation

a. Informations provide answers for the 5W’s and 1H

B. Techniques of Gathering Information

a. By observing tact or diplomacy in performing investigative tasks and duties.

a. Any written or documented statement of person who possesses relevant

C. General Types of Informations

D. Three General Categories of Sources of Information

1. Informants- one who voluntarily or willingly provides information to the criminal

E. General Types of Informants

G. Motives in Informants and Informers

H. Methods of Obtaining Information

A. Types of Interview used in Criminal Cases

B. Qualities of a Good Interviewer

C. Interview Format (IRONIC)

E. Stages of Handling the Interview

F. Rules in Questioning a Person Involved in a Crime

G. Types of Witnesses According to Their Attitude

E. Purposes of Conducting Interrogation

Requirements of the Interrogation Room

F. Characteristics of an Effective Interviewer/Interrogator

Many of the emotional and intellectual traits of an investigator are especially

G. The Techniques of Interrogation

Additional Modern Techniques of Interrogation

H. The interrogation Session

I. Stages of the Interrogation Session

b. Focusing Stage (Main Body)

c. Concluding Phase (Closing Part)

J. Two Main Questioning Techniques

K. Methods of Reproducing an Interview/Interrogation

L. General Types of Recording

IDENTIFYING THE CRIMINAL

CHAPTER 5: PHYSIOLOGICAL SYMPTOMS OF GUILT. THEORY OF LIE, KINDS OF LIE,

Forensic Assessment Interview Technique – allows the interviewer to assess non

3. Non-Verbal Clues Non-verbal clues encompass patterns in the body movements,

Interrogation is the questioning of a person suspected of having committed an offense

Three (3) Defense Mechanism

Attitude and conduct of an investigator

CHAPTER 6: ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME INVESTIGATION (PRC)

Concept of Organized Crime

WHAT IS ORGANIZED CRIME?