Special Crime Investigation (Part 1)

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 30

Criminal Detection and Investigation (CDI)

SPECIAL CRIME INVESTIGATION


INTRODUCTION

GENERAL INVESTIGATIVE PROCEDURES

I. PURPOSE:

This investigative procedure is designed to adapt to the current trends in modern investigation, in line with the
PNP Integrated Transformation Program which seeks to improve and integrate the different manuals used by the PNP to
serve as guide in all aspects of police investigation. It also aims to come up with a definite investigative procedure on
specific cases from the time the incident happened, until the case is filed, which will be adopted by the PNP investigators
in pursuing their mandated tasks.

II. PROCEDURES

1. Upon receipt of call/walk-in complainants Duty Desk Officer shall:

a. Record the time it was reported;

b. Get the identity of the caller/complainant;

c. Get the place of the incident;

d. Get the nature of the incident;

e. Get the number of victim/s;

f. Record a brief synopsis of the incident;

g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first
responder equipped with “police line” to secure the place of incident a camera; and

h. Inform the duty investigator (preferably one team of investigators).

2. At the crime scene

The First Responder shall perform his/her duty:

In addition, check the condition of the victim while the other members of the first responders shall
simultaneously secure the area by putting a police line or any material (like rope, straw and etc).

a. If in serious condition

i. Bring the victim immediately to the nearest hospital using emergency services; 2.
Photograph and make a sketch of the victim (if the victim is dead); 3. Get the dying
declaration; if necessary (ask 3 questions)
1. Ano ang pangalan at address mo?
2. Kilala mo ba ang gumawa nito sa iyo?
3. Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?

However, if there is still a chance to ask more questions, then follow-up should be done. The
statement, once reduced into writing, shall be duly signed by or with thumb mark of the victim. b. If not in
serious condition
a. Bring the victim immediately to the nearest hospital using emergency services;
b. Get the identity and other data of the victim;
c. Get initial interview from the victim
 Note: The other member/s of the first responders shall remain at the crime scene to secure the
premises.

Page 1 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
b. If the suspect is arrested at the scene;

a. Get the names of the persons who turned-over or arrested the suspect.

b. Isolate the arrested suspect/s and separate them from any probable witness of the incident.

c. Record what time the suspect was arrested.

d. Wait for the investigator to interview the suspect.

e. If the suspect volunteers any statement, take note of the time, location and circumstances of
the statements.

III. INVESTIGATION PROCEDURE AT THE CRIME SCENE

1. UPON ARRIVAL AT THE CRIME SCENE;

a. Receive the crime scene from the first responder.

b. Record time/date of arrival at the crime scene, location of the scene, condition of the weather,
condition and type of lighting, direction of wind and visibility.

c. Photograph and/or video the entire crime scene.

d. Before entering the crime scene, all investigators must put on surgical gloves.

e. Before touching or moving any object at the crime scene in a homicide or murder case, determine
first the status of the victim, whether he is still alive or already dead. If the victim is alive, the
investigator should exert effort to gather information from the victim himself regarding the
circumstances of the crime, while a member of the team or someone must call an ambulance from
the nearest hospital. Before removing the victim, mark, sketch and photograph his/her relative
position. Only a coroner or a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.

f. Designate a member of the team or ask other policemen or responsible persons to stand watch and
secure the scene, and permit only authorized persons to enter the same.

g. Identify and retain for questioning the person who first notified the police, and other possible
witnesses.

h. Determine the assailant through inquiry or observe him if his identity is immediately apparent. Arrest
him if he is still in the vicinity.

i. Separate witnesses in order to get independent statements.

2. RECORDING

The investigator begins the process of recording pertinent facts and details of the investigation the
moment he arrives at the crime scene. (He should record the time when he was initially notified prior to his
arrival). He also writes down the identification of persons involved and what he initially saw. He also draws
a basic sketch of the crime scene and takes the initial photograph (if a photographer is available, avail his
services). This is to ensure that an image of the crime scene is recorded before any occurrence that
disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence
has been processed through notes, sketches and photograph, with proper measurements.

Page 2 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

3. SEARCHING FOR EVIDENCE

a. Each crime is different, according to the physical nature of the scene and the crime or offense
involved. Consequently, the scene is processed in accordance with the prevailing physical
characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the
offense. A general survey of the scene is always made, however, to note the locations of obvious
traces of action, the probable entry and exit points used by the offender(s) and the size and shape of
the area involved.

b. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In the
interest of uniformity, it is recommended that the clockwise movement be used.) The investigator
examines each item encountered on the floor, walls, and ceiling to locate anything that may be of
evidentiary value.

c. You should give particular attention to fragile evidence that may be destroyed or contaminated if it is
not collected when discovered.

d. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.

e. Ensure that the item or area where latent fingerprints may be present is closely examined and that
action is taken to develop the prints.

f. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds.
If possible, photograph the impression and make a cast or mold.

g. Note stains, spots and pools of liquid within the scene and treat them as evidence.

h. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in
which they are found; for example, matter found under the victim‟s fingerprints.

i. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The
search for evidence is initially completed when, after a thorough examination of the scene, the rough
sketch, necessary photograph and investigative notes have been completed and the investigator has
returned to the point from which the search began.

j. Further search may be necessary after the evidence and the statements obtained have been
evaluated.

k. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The
policeman may first search the strip on his left as he faces the scene and then the adjoining strips.

l. It may be advisable to make a search beyond the area considered to be the immediate scene of the
incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was
discarded or hidden by the offender somewhere within a square-mile area near the scene.

m. After completing the search of the scene, the investigator examines the object or person actually
attacked by the offender. For example, a ripped safe, a desk drawer that has been pried open or a
room from which items has been stolen, would be processed after the remainder of the scene has
been examined for traces of the offender.

n. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable
material before the body is removed from the scene. If the victim has been pronounced dead by a
doctor or is obviously dead, it is usually advisable to examine the body, the clothing and the area
under the body after the remainder of the scene has been searched. This is to enable the

Page 3 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
policeman/investigator to evaluate all objects of special interest in the light of all other evidence found
at the scene.

1. COLLECTION OF EVIDENCE

This is accomplished after the search is completed, the rough sketch finished and photographs
taken. Fragile evidence should be collected as they are found. All firearms (FAs) found to have tampered
serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police
Crime Laboratory (PNP-CL). A corresponding request to the Firearms and Explosive Office (FEO) must
be made for verification purposes. The investigator places his initials, the date and time of discovery on
each item of evidence for proper identification. Items that could not be marked should be placed in a
suitable container and sealed.

2. MARKINGS OF EVIDENCE

Any physical evidence obtained must be marked or tagged before its submission to the evidence
custodian. These are information to ensure that the items can be identified by the collector at any time in
the future. This precaution will help immeasurably to establish the credibility of the collector‟s report or
testimony and will effectively avoid any suggestions that the item has been misidentified. Markings on the
specimen must at least contain the following:

A. Exhibit Case Number

B. Initials and or signature of the collecting officer.

C. Time and date of collection.

 NOTE: It is also important to note the place or location where the evidence was collected.

3. EVALUATION OF EVIDENCE

Each item of evidence must be evaluated in relation to all the evidence, individually and
collectively. If necessary, these pieces of evidence must be subjected to crime laboratory examination.
Example: firearms for ballistic examination, hair strands etc.

4. PRESERVATION OF EVIDENCE

It is the investigator’s responsibility to ensure that every precaution is exercised to preserve


physical evidence in the state in which it was recovered/ obtained until it is released to the evidence
custodian.

5. RELEASING OF EVIDENCE

All collected evidence can only be released upon order of the court or prosecutor, as the case maybe.

6. CHAIN OF CUSTODY

A list of all persons who came into possession of an item of evidence, continuity of possession, or the
chain of custody, must be established whenever evidence is presented in court as an exhibit. Adherence to
standard procedures in recording the location of evidence, marking it for identification, and properly

Page 4 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
completing evidence submission forms for laboratory analysis is critical to chain of custody. Every person who
handled or examined the evidence and where it is at all times must be accounted for. As a rule, all seized
evidence must be in the custody of the evidence custodian and deposited in the evidence room or designated
place for safekeeping.

7. TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY

Proper handling of physical evidence is necessary to obtain the maximum possible information
upon which scientific examination shall be based, and to prevent exclusion as evidence in court.
Specimens which truly represent the material found at the scene, unaltered, unspoiled or otherwise
unchanged in handling will provide more and better information upon examination. Legal requirements
make it necessary to account for all physical pieces of evidence from the time it is collected until it is
presented in court. With these in mind, the following principles should be observed in handling all types of
evidence:
a. The evidence should reach the laboratory in same condition as when it was found, as much as
possible.

b. The quantity of specimen should be adequate. Even with the best equipment available, good
results cannot be obtained from insufficient specimens.

c. Submit a known or standard specimen for comparison purposes.

d. Keep each specimen separate from others so there will be no intermingling or mixing of known
and unknown material. Wrap and seal in individual packages when necessary.

e. Mark or label each of evidence for positive identification as the evidence taken from a particular
location in connection with the crime under investigation.

f. The chain of custody of evidence must be maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this chain of custody may make the material
inadmissible as evidence in court.

IV. SOCO ASSISTANCE

1. In cases where the crime scene needs special processing due to its significance or because of its
sensational nature, the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory shall
be requested.

2. If the situation involves a clandestine drug laboratory, biological weapons, radiological or chemical
threats, the appropriate agency should be contacted prior to entering the scene.

a. Significant Cases:
i. Bombing Incident
ii. Initiated terrorist activities
iii. Raids, ambuscade, liquidation
iv. KFR case
v. Armed Robbery of Banks and other
vi. Financial institution
vii. Calamity/Disaster
viii. Massacre
ix. Heinous crimes (as defined by law)
x. Murder, Homicide, Arson, Rape with Homicide

b. Sensational Cases:
i. Elected Public Officials (Brgy Captain up to President of the RP)
ii. Appointed public officials with the rank of commissioner, secretary and undersecretary

Page 5 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
iii. Foreign diplomat
iv. Any foreigner
v. PNP/AFP personnel
vi. Former high-ranking government officials
vii. Other prominent figures such as movie stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and prominent leaders of religious organizations.

V. RELEASE OF CRIME SCENE

Ensure that appropriate inventory has been provided.

a. Release the scene with the notion that there is only one chance to perform job correctly and completely.

b. Release is accomplished only after completion of the final survey and proper documentation.

Page 6 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

CHAPTER 1

I. ILLEGAL/UNLAWFUL POSSESSION OF FIREARMS

a. What law punishes Illegal

1. Republic Act No 8294 amending PD 1866 – Possession of Firearms?

b. What are the acts that constitute Illegal Possession of Firearms?

1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire 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.

2. Any person who shall carry any licensed firearm outside his residence without legal authority or
with expired license or permit to carry.

 NOTE:

o If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating circumstance. If the violation of this Sec. is in
furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or
attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d' etat.

o The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall wilfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by
any person or persons found guilty of violating the provisions of the preceding paragraphs or wilfully
or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their employment.

II. ILLEGAL/UNLAWFUL POSSESSION OF EXPLOSIVES AND INCENDIARY DEVICES

a. What law punishes Illegal Possession of Explosives and Incendiary devices?

1. Republic Act No 9516 amending PD 1866

b. What are the acts that constitute Illegal Possession of Explosives and Incendiary devices?

1. Any person who shall wilfully and unlawfully manufacture, assemble, deal in, acquire, dispose,
import or possess any explosive or incendiary device, with knowledge of its existence and its
explosive or incendiary character, where the explosive or incendiary device is capable of
producing destructive effect on contiguous objects or causing injury or death to any person,
including but not limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail
bomb', 'fire bomb', and other similar explosive and incendiary devices or

2. Any person who shall wilfully and unlawfully manufacture, assemble, deal in, acquire, dispose,
import or possess any part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, used or
intended to be used by that person for its manufacture, construction, assembly, delivery or
detonation, where the explosive or incendiary device is capable or is intended to be made
Page 7 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
capable of producing destructive effect on contiguous objects or causing injury or death to any
person.

3. The acts stated above are done without license issued by proper authority.

4. Other analogous acts

 NOTE:

o The mere possession of any part, ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, by
any person whose business activity, or employment does not lawfully deal with the possession of
such article shall be prima facie evidence that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery or detonation of an explosive or
incendiary device

o The owner, president, manager, director or other responsible officer of any public or private firm,
company, corporation or entity, who shall wilfully or knowingly allow any explosive or incendiary
device or parts thereof owned or controlled by such firm, company, corporation or entity to be used by
any person or persons found guilty of violating the provisions of this law

III. INVESTIGATION OF BOMBINGS

The increasing challenges posed by the growing sophistication of terrorist organizations not only in the
Philippines but elsewhere in the world have become a major concern among law enforcement and security
officers. In the light of this concern, this section is formulated to guide investigators, such as the bomb
technicians, criminal investigators and forensic personnel during the investigation of bombing incidents and
other incidents involving explosive devices and materials.

IV. SPECIFIC INVESTIGATIVE PROCEDURES:

A General Procedure Upon Receipt of Explosive-Related Incident such as discovery of


IED/explosive materials, bomb threats and explosion:

a. Desk Officer shall ask for and record in the Police Blotter the following from the source of information:
1. Name of the source
2. Contact information of the source
3. Exact location of the incident
4. Time and date of the incident
5. Details of the incident

b. Desk Officer shall inform the Chief of Police about the incident.
c. Desk Officer shall dispatch mobile or foot-patrol police personnel to verify the incident.
d. Desk Officer shall direct the TOC to call the following emergency service agencies, request them to be on
standby while verification of the incident is on-going and seek their assistance once the incident is
verified:

1. Police Bomb Squad Units/EOD Team


2. SOCO Operatives
3. Fire Services
4. Emergency Medical Services/Rescue
5. Engineering Services (for lighting, heavy equipment, etc.)
6. Utility Services (Electric and Water)
7. Other agencies (Philippine Red Cross, Metro Manila Development Authority, NDCC, etc.)

Page 8 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
e. Desk Officer shall inform his Commander (Station Commander, Chief of Police, etc.) about the incident
and all actions taken.

V. DURING VERIFICATION OF THE INCIDENT BY THE FIRST RESPONDER/S OR INVESTIGATORS:

a. The First Responder/Investigator shall record the information about the nature of their dispatch in their
notebooks or ticklers. They should be equipped with a camera or video recorder for capturing the
condition of the scene upon their arrival and any succeeding events.

b. They shall proceed to the incident scene.

c. They shall assess the situation at the scene of the incident and immediately notify the Desk Officer who
will in turn inform his Chief of Police about the confirmation of the incident.

d. In case IED/explosive materials are found, request for the immediate assistance of the Bomb Squad/EOD
Team.

e. They shall cordon the area to preserve and secure the crime scene and wait for the arrival of the Bomb
Squad/EOD Team.

f. If the scene is obvious for signs of an explosion, First Responders/Investigators shall cause the
immediate evacuation of people who were injured from the crime scene. Whenever possible, immediately
maintain order and control of the crowd. THEY SHALL NOT TOUCH, REMOVE, OR ALTER ANY PIECE
OF EVIDENCE (INCLUDING DEAD PEOPLE).

g. Initiate immediate investigation.

VI. KEY INFORMATION NEEDED FOR BOMB THREAT:

Time of call or suspected package (bomb threat) was received.

VII. KEY INFORMATION NEEDED FOR FOUND UNEXPLODED EXPLOSIVE / EXPLOSIVE ITEMS:

a. Has the source seen the device?

o It‟s important to establish the basis of knowledge of the source. This information may be less reliable
than first-hand knowledge as the source is likely to have strong understanding of explosive devices
and/or explosive materials and may misstate information. The distinction between first-hand and
second-hand knowledge is important and should be identified in reporting.

b. How large is the device?

o Provide dimension and weight where possible. If a cultural reference is used to describe the size or
weight of the item, please provide a rough English or Metric measurement equivalent.

c. What does the device look like?

o Looking at the device, what does it appear to be from the outside? A briefcase, a metal pipe, a radio,
etc.

d. Does the device have a container?

Page 9 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

o Some types of explosives require confinement to produce an explosion. Other devices may use the
container to produce fragmentation to cause injuries. Not all devices will have a container.

e. Is the device concealed within the vehicle?

o For example, are the explosives hidden within the door panels to prevent detection upon a casual
inspection or are the explosives visible when the interior of the vehicle, trunk (if applicable), or cargo
area are examined?

f. Is the device a Vehicle Bomb?

g. What type of vehicle is it?

o Car, van, light truck, semi-truck, bus, boat, plane, etc.

h. What is the specific make/model of the vehicle? Is it modified in any way?

i. Does the device have any unusual characteristics? Are there extra items added to the device to produce
an enhanced effect of some sort?

o Examples include: nails added to a device for an enhanced fragmentation effect, gas cylinders added
for an enhanced blast effect, other chemicals added to produce a toxic effect, a “special” material
added (such as radioactive material – if the source is not directly involved in the plot, knowledge of
the specific materials may be limited and referred to in general terms).

j. What is the source’s basis of knowledge of explosive materials/and or devices?

o Examples include: reading terrorist training manuals, hands-on terrorist training, commercial blasting
training and/or experience, military training and/or experience (it’s important to identify what military
training was received – some fields, such as Explosives Ordnance Disposal receive extensive
training, while others, such as infantry, receive limited explosive training), or academic knowledge
(chemistry, electronics, physics or other engineering courses).

k. Ask the source to draw a sketch of the device.

l. Ask the source to specifically identify the appearance of the explosive material.

o Color, texture and quantity are important elements of the description as some explosives have distinct
coloration that may assist in the identification of the material. If the source has knowledge of the
original packaging of the explosive material, have it described as well. Some explosives have distinct
packaging materials which may further assist in the evaluation of the information.

m. Does the source know how the device is supposed to function? If yes, ascertain details.

n. Is the device electrically initiated or non-electrically initiated?

o Electrical initiation requires a power source. Attempt to obtain a description of the power source
(battery size, type, etc.).

o Non-electrical initiation uses systems such as a burning fuse, a chemical reaction, or other non-
powered means of causing the device to function.

o. Have the source describe the method of functioning of the device. Improvised Explosive Devices (IEDs)
may function in a variety of methods, including, but not limited to, time delay, remote control, suicide
initiation, or victim-initiated (booby-trap). Devices may have multiple methods of firing.

Page 10 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
p. For time delay devices: What type of time delay was used to operate the device? Examples include:
modified analog or digital watch/alarm clock, an improvised electronic circuit, a modified commercial
product, burning fuse or chemical time delay (also referred to as a chemical time delay pencil).

q. For remote control devices: What type of remote control was used?

o Examples include: pagers, cellular phones, hand-held radio system, garage door opener, hobby
remote control system (for example, mode cars or airplanes), car alarms, improvised electronic
circuit, or other modified commercial item. If possible, describe the appearance of the receiver device
and the transmitter.

r. For suicide-initiated devices: What is the means of setting the device off?

o For example, push buttons, toggle switch, bare wire connectors, or other type of switch. Important
factors include the location of the switch and whether it or the wires are visible or not.

s. For victim-initiated devices: What action is required by the victim to cause the device to function?

o Examples include: passing a certain point, performing a certain action, lifting an item, applying
pressure to an object, removing an object, etc.

VIII. KEY INFORMATION NEEDED FOR EXPLODED ITEM:

a. Time of detonation/explosion.

b. Sound of explosion. Description of the sound produced by the explosion.

c. Force of the explosion and its direction. Description of the extent and direction of blast wave.

d. Color of smoke. Example: black, gray, white

e. Color of flame. Example: red, yellow, etc.

f. Odor of the gases produced. Example: LPG, natural gas, etc.

g. Record names and addresses of person(s) such as, medical and fire personnel, etc. accessing the scene
and submit list to the Investigator-on-Case.

h. Do not issue press releases or any statements. It is the job of the Incident Commander or his designated
spokesman.

Page 11 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

CHAPTER 2

I. HOMICIDE (GENERIC) INVESTIGATION

a. UPON RECEIPT OF CALL/WALK-IN COMPLAINT. THE DUTY DESK OFFICER SHALL:

1. Record the time it was reported;

2. Get the identity of the caller/complainant;

3. Get the place of the incident;

4. Get the nature of the incident;

5. Get the number of victims;

6. Record the brief synopsis of the incident;

7. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder
equipped with a camera and “police line” to secure the place of incident; and

8. Inform the duty investigator (preferably one team of investigator).

b. GUIDELINES IN HOMICIDE INVESTIGATION

1. Record the time the call was received as well as the time of arrival at the scene.

2. Preserve the crime scene.

3. Do not remove anything until its location and position have been noted and photographed. The
position of evidence should be measured and/or photographed in reference to permanent fixtures in
the crime scene.

4. Pay attention to the wound inflicted which may have caused the death of the victim and how it was
committed. \

5. Designate one person to pick up all physical evidence. No one should touch or move anything unless
and until the fingerprint technician has finished his tasks.

6. A systematic, detailed search of the crime scene should be conducted.

7. Colored as well as black-and-white photographs should be taken.

8. Look for physical evidence that will tend to prove the elements of the crime under investigation.

9. Take note of unusual odors, symbols, fetishes, rituals.

10. When the body is finally moved, attention should be given to the area beneath the body.

11. While moving the body, use a rubber sheet to prevent contaminating the crime scene with spilled
blood.

12. Conduct a careful inspection of a dead person holding a gun.


Page 12 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

o (The hand of a dead person usually has no gripping power. Therefore, if the gun was placed in an
unnatural position (Cadaveric Spasm), it may have been placed in the hand after the death of the
person).

13. Note the condition and types of food at the crime scene as the pathologist may be able to use this
information in determining whether the victim’s last meal was eaten at the crime scene.

14. The course and direction of each bullet should be determined. This applies to the trajectory of the
bullet through the body as well as the trajectory of the bullet through a solid object at the crime scene.

15. If all slugs were not removed at the crime scene, have the body X-rayed. This is excellent for
determining the distance of fire from patterns and shows the trajectory of the bullet through the body.

16. Take photographs of all bystanders. These may be helpful later to identify possible witnesses or
subject (who sometimes DOES return to the crime scene).

17. Try to:


a. Determine if any of the victim‟s valuables are missing.
b. Record the color of blood stains (bright red, reddish brown, brown, black or almost black).
c. Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry
around the edges) for an estimate of time of death.
d. If the blood is wet, see if a paper clip will separate the stain as it goes through or if the blood will
flow together again.
e. Note the size, dimension and location of blood drops.
f. Determine the direction and distance of blood drops.
g. Enter in your notebook details of the test to determine whether the victim is still alive. Record if the
body is cool to touch, warm, etc.
h. Record the weather, as well as weather changes (sunny to cloudy or vice-versa).
i. Talk to everyone with whom the suspect has spoken.
j. Look for weapons which could have inflicted the wounds.
k. Obtain soil samples (double handfuls) at ten-foot intervals in circles around the body and the
scene, when appropriate.
l. Take samples of other items for exclusionary purposes.
m. Obtain botanical samples when necessary.
n. Take a temperature reading of the scene. If the body is submerged in a bathtub, record the
temperature of the water at the time of your arrival.

18. If it is necessary to cut the victim’s clothing, avoid using bullet or knife holes. Where possible, cut the
clothing along seams so that the clothing can be restored to approximately its original condition.

19. The spatter pattern of blood spots should be noted as it is:

a. An aid in determining if the object or persons was in motion when the blood spattered.

b. Possible for an expert to tell you how the crime was committed as indicated by the blood spots.

c. Possible to trace every spot to its origin by observing its characteristics.

d. Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a
weapon, or it was created by some other weapon.

20. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs, telephone,
doorknobs, etc.

21. When fingerprints are on an object which has a dark color, consider using fluorescent powder as the
standard fingerprint powders are not as effective in developing latent prints on such objects. Aerial
photographs of the crime scene and escape route should be taken, when possible and practicable.

Page 13 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

c. THINGS TO REMEMBER IN THE CONDUCT OF HOMICIDE (GENERIC) INVESTIGATION

o Places of Importance

a. The crime scene. Make a methodical and thorough search.


b. Avenues of approach. How did the killer(s) arrive?
c. Avenues of escape. Investigate and search along this route.
d. Places where victim was seen immediately prior to his death. Who was with him/her? What was
he doing? Was this customary? Get the time.
e. Places where suspect claims he was; places where he was seen before, during and after the
crime was committed for the purpose of checking his alibi.
f. Places where evidence can be found. Weapons or poison, etc. – Where can they be obtained?
Where can they be hidden?
g. Places where the suspect and the victim were frequently seen before the commission of the
crime.
h. Place/s of suspect/s lairs.

o Times of Importance

a. Time of death
b. Time crime was reported
c. Time of arrival of police at the scene
d. Time victim was last known to be alive
e. Time relative to victim’s movement preceding death
f. Time relating to suspect(s) movements.
g. Time the crime scene was turned over by the first responder to the investigator.
h. Time the investigator arrived at the crime scene.
i. Time started/terminated processing of the crime scene by the investigator and the SOCO.
j. Time the recovered evidence was turned to evidence custodian.
k. Time the investigator was dispatched.
l. Time of the arrival of SOCO team at the Crime Scene.

o Persons of Importance

a. Victim - victim’s personal background/history and his/her relationship with other people.
b. Witnesses - Get their statements without delay.
c. Suspects - Isolate them if there is absolute evidence against them.
d. Person who reported the crime - Remember that he probably has key information. Check out his
statement.
e. Persons who stand to gain by the death. This is a sensitive matter. Be circumspect in your
approach.
f. Relatives and other sources of information.

o Things of Importance

a. Body of the deceased.


b. Properties or belongings of the deceased. Here, we may find motive.
c. Weapons – what in particular? Locate, list and record them as evidence.
d. Means of transportation
e. Sounds, shots, screams, arguments, or falling objects.
f. Odors – gunpowder, distinctive smell of poison, etc.

Page 14 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
g. Items of evidence should be legally obtained and carefully preserved.

d. HANDLING THE SUSPECT

a. Obtain the following evidence from the suspect:

a. The suspect’s clothing should be photographed, marked, and sent to the crime laboratory for
examination.
b. Any scratches on the suspect should be photographed.
c. Fingernail scrapings should be obtained.
d. Take blood samples from the suspect in a medically approved manner and with proper legal
justification.
e. Take hair samples.
f. Have the fingerprint technician check the paper money which may have been taken from the
victim’s house for the victim’s fingerprints.
g. Check the suspect’s personal effects very closely for items of evidentiary value.
h. Obtain teeth mark impressions when appropriate.
i. Semen samples in rape or rape with homicide cases should be obtained medically.
j. Consider polygraph examinations.

b. Never take a suspect or a subject to the crime scene in the clothing he was wearing at the time he was
arrested. (This includes shoes.) The accused lawyer may later claim that the clothing was
contaminated at the scene of the crime.

c. Attempt to ascertain the following:


a. The suspect’s mode of living as compared to the amount of his income.

b. The suspect’s mode of living before the crime as compared to his mode of living after the crime.
(Compare his financial condition before the crime with his financial condition after the crime).
c. Compare his behavior before the crime with his behavior after t the crime.
d. Make a methodical and complete check of the suspect’s alibi.

e. Body and Post-Mortem

1. Designate a member of the investigating team to secure the cadaver from the scene up
to the place where the autopsy will be conducted.
2. An investigating officer should remain at the autopsy area to prevent the embalming of
the cadaver and to prevent anyone from touching or removing any of the clothing from
the said cadaver until the medico-legal officer arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the Chief of Office regarding the findings of the medico-legal
officer.

f. Follow-up Investigation

1. Look for possible witness/es, who may be close friends or relatives of the victim, past pictures
of the victim with anyone, or even relatives that can possibly help in the solution of the case.
2. Methodically interview residents in the area and record the interviews by using a tape
recorder or taking notes.
3. Re-enact the crime to possibly establish what transpired at the crime scene.
4. Return to the crime scene during the time of day the crime was committed. (As we are all
creatures of habit, possible witnesses and suspects can be located through this technique).
5. Conduct case conference for regular updates.
6. Check the victim’s and the suspect’s toll calls. (Records of toll calls are usually retained for
approximately three months by the telephone companies).
7. Present photographs and crime reports to several psychiatrists to ascertain what type of
person would commit such a crime, including the motives.

Page 15 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
8. If there is/are already witnesses, keep them separated so that they will give what they
personally observed and not just corroborate what others are saying.

g. Court Preparation

1. Have a diagram of the crime scene and the location of all evidence.

2. Make a list of the evidence on hand and what you hope to prove with it.

3. Be prepared to show the following:

a. Relationship existed between the victim and the suspect.

b. Indications that the suspect threatened to harm the victim.

c. Possible witnesses to the threats.

d. A photograph of the crime scene (before and after processing) can be very helpful.

e. Review everything, including testimony, with the prosecutor before trial.

f. Review with witnesses their testimony to refresh their memory.

Page 16 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

CHAPTER 3

I. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT

a. What law punishes violations of Anti-Child Abuse Exploitation and Discrimination Act?

- Republic Act No. 7610

b. What are the acts in violation of Anti-Child Abuse Exploitation and Discrimination Act?

1. Any person who engages in or promotes, facilitates or induces child prostitution acting as a procurer
of a child prostitute; inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means; taking advantage of influence or relationship to procure a
child as prostitute; threatening or using violence towards a child to engage him as a prostitute; or
giving monetary consideration, goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.

2. Any person who commits the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse;

3. Any manager or owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said establishment and
derive profit

4. Any person who, not being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual
abuse.

5. Any person receiving services from a child in a sauna parlor or bath, massage clinic, health club and
other similar establishments.

6. Any person who shall engage in trading and dealing with children including, but not limited to, the act
of buying and selling of a child for money, or for any other consideration.

7. Any person who attempt to facilitate the travel of a child alone to a foreign country without valid
reason therefore and without clearance issued by the Department of Social Welfare and
Development or written permit or justification from the child's parents or legal guardian.

8. Any person, agency, establishment or child-caring institution recruit’s women or couples to bear
children for the purpose of child trafficking.

9. Any doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking

10. Any person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of
child trafficking

11. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials.

Page 17 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
12. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie
or show or in any other acts.

13. Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development.

14. Any person who shall keep or have is his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places.

15. Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or
have in his company a minor.

16. Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who
allows any person to take along with him to such place or places any minor.

17. Any person who shall use, coerce, force or intimidate a street child or any other child to beg or use
begging as a means of living; act as conduit or middlemen in drug trafficking or pushing; or conduct
any illegal activities.

18. Any establishments and enterprises which promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows.

19. Any establishment which shall be deemed to promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment.

20. Any person who shall employ child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and it’s by products and violence.

21. Any acts that violate confidentiality of records.

22. Other analogous acts.

 NOTE: Child Prostitution and Other Sexual Abuse - Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.

II. ANTI-CHILD PORNOGRAPHY ACT OF 2009

a. What law punishes violations of Anti-Child Pornography Act?

- Republic Act No. 9208

b. What are the acts in violation of Anti-Child Pornography Act?

1. Any person, who hires, employs, uses, persuades, induces or coerces a child to perform in the
creation or production of child pornography.

2. Any person, who produces, directs, manufactures or creates any form of child pornography and
child pornography materials.
Page 18 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

3. Any person, who sells, offers, advertises and promotes child pornography and child pornography
materials.

4. Any person who possesses, downloads, purchases, reproduces or makes available child
pornography materials with the intent of selling or distributing them.

5. Any person, who publishes, posts, exhibits, disseminates, distributes, transmits or broadcasts
child pornography or child pornography materials.

6. Any person, who knowingly possesses, views, downloads purchases or in any way takes steps to
procure, obtain or access for personal use child pornography materials.

7. Any person who attempts to commit child pornography by luring or grooming a child.

8. Any acts that violate the confidentiality of records

9. Other analogous acts

III. JUVENILE JUSTICE AND WELFARE ACT OF 2006

a. What law punishes the violations of Juvenile Justice and Welfare Act?

- Republic Act No. 9344

b. What are the acts that constitute the violations of Juvenile Justice and Welfare Act?

1. Any competent authorities who brands or labels children as young criminals, juvenile delinquents,
prostitutes or attaching to them in any manner any other derogatory names.

2. Any acts which shall be considered prejudicial and detrimental to the psychological, emotional,
social, spiritual, moral and physical health and well-being of the child in conflict with the law.

3. Employment of threats of whatever kind and nature.

4. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement.

5. Employment of degrading, inhuman and cruel forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances over the body of the child in conflict with the
law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate,
and degrade his/her personality and dignity.

6. Compelling the child to perform involuntary servitude in any and all forms under any and all
instances.

7. Any acts in violation of confidentiality of records

8. Other analogous acts

Page 19 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

IV. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

a. What law punishes violations of Anti-Violence against Women and Children?

- Republic Act No. 9262

b. What are the acts in violation of Anti- Violence against Women and Children?

1. Causing physical harm to the woman or her child;

2. Threatening to cause the woman or her child physical harm;

3. Attempting to cause the woman or her child physical harm;

4. Placing the woman or her child in fear of imminent physical harm;

5. Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or to desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or her child;

6. Threatening to deprive or actually depriving the woman or her child of custody or access to her/his
family;

7. Depriving or threatening to deprive the woman or her children of financial support legally due her
or her family, or deliberately providing the woman’s children insufficient financial support;

8. Depriving or threatening to deprive the woman or her child of a legal right;

9. Preventing the woman from engaging in any legitimate profession, occupation, business or
activity, or controlling the victim’s own money or properties, or solely controlling the conjugal or
common money, or properties;

10. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
or decisions;

11. Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

12. Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms
or causes substantial emotional or psychological distress to the woman or her child such as
stalking or following the woman or her child in public or private places; peering in the window or
lingering outside the residence of the woman or her child; entering or remaining in the dwelling or
on the property of the woman or her child against her/his will; destroying the property and
personal belongings or inflicting harm to animals or pets of the woman or her child; engaging in
any form of harassment or violence;

13. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support
or custody of minor children or denial of access to the woman’s child/children;
14. Any acts in violation of confidentiality of records
15. Other analogous acts

Page 20 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
 NOTE: The offender is any person who commits an act or series of acts against a woman who is his wife,
former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or illegitimate, within or without the
family abode

V. ANTI-SEXUAL HARASSMENT ACT OF 1995

a. What law punishes the act of sexual harassment?

- Republic Act No. 7877

b. What are the acts that constitute sexual harassment?

1. An employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor or any other person who, having authority, influence or moral ascendancy over another in
a work or training or education environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request or requirement for submission is
accepted by the victim.

2. The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges.

3. The refusal to grant the sexual favor results in limiting, segregating or classifying the employee
which in a way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee; or impair the employees’ rights or privileges under existing labor
laws; or create an intimidating, hostile, or offensive environment for the employee.

4. Any person who is in-charge of the care, custody or supervision of the education, training,
apprenticeship or tutorship, requested for sexual favor as a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or considerations; or perform some sexual advances which result in an
intimidating, hostile or offensive environment for the student, trainee or apprentice.

5. Any person who directs or induces another to commit any act of sexual harassment or who
cooperates in the commission thereof.

6. Other analogous acts

Page 21 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

CHAPTER 4

I. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

a. What law pertaining to dangerous drugs?

- Republic Act 9165

b. What are the acts punishable under Comprehensive Dangerous Drugs Act?

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

2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous


Drugs and/or Controlled Precursors and Essential Chemicals

3. Maintenance of a Den, Dive or Resort

4. Being Employees and Visitors of a Den, Dive or Resort

5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

6. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for


Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

7. Possession of Dangerous Drugs

8. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs

9. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings

10. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or Meetings

11. Use of Dangerous Drugs

12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof

13. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals

14. Unnecessary Prescription of Dangerous Drugs

15. Unlawful Prescription of Dangerous Drugs

16. Other analogous circumstances

II. DRUGS INVESTIGATIONS (VIOLATION OF COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)

i. COORDINATION REQUIREMENTS

a. PNP units, prior to any anti-drug operations shall, as far as practicable, coordinate with the Philippine
Drug Enforcement Agency (PDEA).

Page 22 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
b. In any case, the PNP anti-drug units shall coordinate/inform the PDEA of the anti-drug operation
within 24 hours from the time of the actual custody of the suspects or seizure of said drugs and
substances as well as paraphernalia and transport equipment used in illegal activities involving such
drugs and/or substances and shall regularly update the PDEA on the status of the cases involving the
said anti-drug operation. (Section 86(a) IRR, RA 9165)

c. The word “As far as practicable” as being used in Section 86, IRR, RA 9165, means that which prior
coordination with the PDEA may be done, practiced or accomplished and which is feasible and
possible to be performed. However, it admits of an exception. The following instances, among others
are deemed not practicable for prior coordination, to wit:

1. In remote places, where coordination is not possible;

2. When coordination will compromise the lives of police operatives, informants and witnesses,
involved in anti-drug operation;

3. When coordination will prejudice the apprehension of drug suspects and confiscation of
dangerous drugs and Controlled Precursors and Essential Chemicals (CPECs);

4. When prior coordination will compromise the entire police operation.

 (Note: In the above instances, post-coordination shall be made in lieu of prior coordination)

III. AUTHORITY TO OPERATE

a. Paragraph (a) to (e) Section 24, RA 6975 as amended by RA 8551.

b. Republic Act 9165 and its IRR.

c. The PNP still possesses authority to conduct anti-illegal drug operations provided that the case shall
eventually be transferred to the PDEA based on Supreme Court Decisions in People of the Philippines
versus Sta. Maria, G.R. No. 171019, February 23, 2007 and People of the Philippines versus Rashamia
Hernandez et. Al., G.R. No. 184804, June 18, 2009. Hence, PDEA deputation is no longer necessary or
required for PNP personnel assigned with anti-drug units.

d. The PNP are not prevented from conducting warrantless arrest under Section 5, Rule 113 and search
incidental to a lawful arrest under Section 13, Rule 126 of the Rules of Court.

IV. INVESTIGATION OF CASES INVOLVING PLANNED OPEATIONS

i. Buy-Bust Operation

1. All warrantless arrest, search, and seizures to be undertaken by PNP member/anti-drug units shall be
in accordance with Section 5, paragraphs (a) and (b), Rule 113, Section 13, Rule 126 of the Rules of
Court, respectively and relevant Supreme Court Decisions.

2. The Team Leader shall see to it that prior reports have been submitted which may include but not
limited to the following classified reports:

a. Summary of Information of the Target/s


b. Special Reports
c. Surveillance Report
d. Contact Meeting Report
e. Development Report

Page 23 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

3. The following shall be strictly observed by the Arresting Officers/Investigator-on-Case during the
conduct of Buy-Bust Operations:

a. Arrested person shall be informed of the nature of his arrest and be apprised of his
constitutional rights (Miranda Doctrine);

b. The dangerous drugs, CPECs, paraphernalia and equipment as the case may be, shall be
immediately seized and taken into custody of the apprehending team;

c. The seizing officer shall, as far as practicable, conduct the actual physical inventory, take
photographs and properly mark the items or articles seized or confiscated in the place of
seizure and in the presence of the arrested person/or his counsel or representative and
representatives from the Department of Justice, MEDIA and any elected government officials
who shall be required to sign on the inventory and given each a copy thereof. (Observed the
rule on chain of custody and DOJ Department Circular No. 3 in compliance with Prescribed
Procedures on the Seizure and Custody of Dangerous Drugs.)

 NOTE: DOJ Department Circular No. 3 para 2 and 3 stated that:

o Paragraph 2. All anti-drug operations require physical inventory and


photography of seized and confiscated drugs. – The mandatory nature of the
requirements under Section 21 (1), Article II of RA 9165 and its IRR does not
distinguish between warrantless seizures and those made by virtue of a
warrant. The difference merely lies in the venues of the physical inventory
and photography of the seized items. Thus:

1. In seizures covered by search warrants, the physical inventory and


photography must be conducted in the place where the search warrant was
served;

2. In case of warrantless seizures such as a buy-bust operation, the physical


inventory and photography shall be conducted at the nearest police station
or office of the apprehending officer/team, whichever is practicable; however,
nothing prevents the apprehending officer/team from immediately conducting
the physical inventory and photography of the items at the place where they
were seized.

o Paragraph 3. In case of non-observance of the prescribed procedure, the


apprehending law enforcement officers must present an explanation to justify
the same, and must prove that the integrity and evidentiary value of the
seized items are not tainted. – While lapses in the handling of confiscated
evidence in anti-drug operations may be countenanced, these lapses must
be duly recognized and explained in terms of their justifiable grounds. The
integrity and evidentiary value of the evidence seized must also be shown to
have been preserved.

d. The seizing officer shall submit the seized or confiscated items to the nearest PNP Crime
Laboratory for examination and analysis;

e. The arresting officer shall bring the arrested suspects to their office for proper custody,
documentation and proper disposition;

f. The arrested suspect/s shall be presented to the PNP CRIME LABORATORY (CL) for
physical, medical examination and drug testing;

Page 24 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
g. The assigned Investigator-On-Case shall collate the results of the examinations and prepare
the appropriate charges and refer the case to the prosecutor‟s office for inquest proceedings.
He shall submit the following:
1. Copy of the Spot Report duly received by PDEA
2. Copy of the Receipt of the Inventory of items seized/ Confiscated duly verified under
oath
3. Photograph of the scene
4. Copy of the Receipt of Turn-Over of Evidence
5. Copy of the Receipt of Turn-Over of the arrested suspect/s
6. Copy of the request for and results of the Laboratory, Drug Test and Physical/Medical
examination on the Drugs and the suspect/s
7. Copy of the Booking Sheet and Arrest Report
8. Photographs of the evidence seized and the suspect/s
9. Copy of the Affidavit of Arrest
10. Copy of the Affidavit of Seizing Officer
11. Affidavit of other witnesses, if any
12. Others that may be submitted later

h. The Investigator-On-Case shall thereafter submit a report to the Chief of Office.

i. The Investigator-On-Case shall furnish the PDEA with a complete set of the case folder and
regularly update the same with the status of the case.

j. The Chief of Office and the Investigator-On-Case shall maintain a case monitoring system or
record of the case and shall ensure the religious presence of the PNP witnesses during court
(This is in compliance to PNP MC No. 2008-0801-003 dated August 1, 2008 in relation to
NAPOLCOM MC No. 2007-001).

k. Search and Seizure by Virtue of Warrant

The following rules and procedures shall govern the responsibility of anti-drug units in the
application and implementation of a Search Warrant (SW).
1. All applications for a Search Warrant before the Local Courts shall be approved by the
Regional, Provincial, District, City Directors, Chief of Police and NOSU Directors as the
case maybe, or their duly designated authority. However, if there is reasonable ground to
believe that the application in the local Courts shall compromise the operation, the
applications for SW for violation of RA 9165 may also be filed before the Executive
Judges of Manila and Quezon City as the case maybe with the personal endorsement of
the C, PNP or TDIDM as provided for under Supreme Court A.M. No 08-4-4-SC, dated
July 7, 2009.

2. Upon approval by the Chief of Office concerned, the application shall be filed to the Court
of jurisdiction during office hours. However, the application may be filed after office hours,
during Saturdays and Sundays and Holidays provided, the applicant shall certify and
state the facts under oath, to the satisfaction of the Judge, that its issuance is urgent as
provided under Supreme Court Administrative Circular No 19 dated August 4, 1987. In
view of this, concerned units are encouraged to coordinate with and acquire the
addresses and contact numbers of the Judges in their respective jurisdictions.

3. Pursuant to DOJ Department Circular No. 3 para 1 (Compliance with Prescribed


Procedures on the Seizure and Custody of Dangerous Drugs) the following shall be
observed:

Paragraph 1 Physical inventory and photography of seized and confiscated drugs are
required in anti-drug operations. – Section 21 (1), Article II of Republic Act (RA) 9165
entitled “Comprehensive Dangerous Drugs Act of 2002” and its Implementing Rules and
Regulation (IRR) require that after seizure and confiscation of drugs, police officers shall

Page 25 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
immediately physically inventory and photograph the same in the presence of the
following persons:
1. the accused or the person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel;
2. a representative from the media;
3. a representative from the Department of Justice (must be Prosecutor); and
4. any elected public official who shall sign, and shall be given copies of the
inventory.

4. The Search Warrant shall immediately be returned to the issuing Judge with all the pieces
of evidence seized, and inform him on the results of the search conducted. In no case
should the subject Search Warrant be returned beyond the prescribed period.

5. Upon approval of the Court, the seizing officer, in coordination with the Investigator-On-
Case, shall turn over the seized evidence to PNP Crime Laboratory for examination and
proper disposition. The Investigator-On-Case shall prepare the request to the PNP Crime
Laboratory for examination.

6. The arrested suspect/s shall be apprised of his Constitutional Rights and be brought to
the office of the operating unit and shall be turned over to the Investigator-On-Case for
booking, investigation, documentation and appropriate action.

7. The Investigator-On-Case shall submit the arrested suspects to PNP Crime Laboratory
for Drug Test and Physical/Medical Examination.

8. The Investigator-On-Case shall secure and collate all the results of the Laboratory and
Medical Examination for attachment to the case referral to the prosecutor for inquest
proceedings.

9. In cases where the arrested suspect/s are foreign nationals, the Investigator-On-Case
shall make formal communication to the Embassy concerned, Bureau of Immigration and
other concerned government agencies such as Anti-Money Laundering Council (AMLC)
and the National Bureau of Investigations (NBI).

10. The Investigator-On-Case shall prepare the case referral for inquest proceeding before
the Prosecutor’s Office with the following attachments:
a. Copy of the prior coordination form to PDEA (as far as practicable)
b. Copy of the Spot Report received by PDEA
c. Copy of the Receipt of the Inventory of items seized/ confiscated duly verified
under oath
d. Copy of the Certification of Orderly Search
e. Photograph of the crime scene
f. Copy of the Receipt of Turn-Over of Evidence
g. Copy of the Receipt of Turn-Over of the arrested suspect/s
h. Copy of the request for and results of the Laboratory, Drug Test and Medical
examination on the Drugs and the suspect/s.
i. Copy of the Booking Sheet and Arrest Report
j. Photographs of the evidence seized and the suspect/s
k. Copy of the Affidavit of Arrest
l. Copy of the Affidavit of Seizing Officer
m. Affidavit of other witnesses, if any
n. Others that may be submitted later

11. In cases where there is no arrested suspect, the Investigator-On-Case shall prepare the
case referral to the Prosecutor’s Office for appropriate legal action with the following
attachments:
a. Copy of the Search Warrant
b. Copy of return of Search Warrant

Page 26 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
c. Copy of the prior coordination form to PDEA (as far as practicable)
d. Copy of the Spot Report received by PDEA
e. Copy of the Receipt of the Inventory of items seized/ confiscated duly verified
under oath
f. Copy of the Certification of Orderly Search
g. Photograph of the crime scene
h. Copy of the Receipt of Turn-Over of Evidence
i. Copy of the request for and results of the Laboratory on the Drugs.
j. Photographs of the evidence seized
k. Copy of the Affidavit of Seizing Officer
l. Affidavit of other witnesses, if any
m. Surveillance Report
n. Artist’s Sketches/Descriptions of suspect/s if any,
o. Others that may be submitted later

12. After the filing of the case, the following shall also be done:
a. The Investigator-On-Case shall submit an after-inquest report or progress report
to the Chief of Office.
b. The Investigator-On-Case shall furnish PDEA with a copy of the case folder with
complete attachments.
c. The operating unit shall regularly update the PNP Directorate for Operations (DO)
and PDEA on the status of the case.
d. The Investigator-On-Case and the arresting officers respectively shall maintain a
case tracking/monitoring system or record of the case and shall inform his
immediate officer and the higher office in writing if the case is dismissed or the
suspect/s is released for further investigation by the prosecutor.
e. The Chief of Office shall ensure that all police witnesses shall religiously attend
and testify in court during the trial and shall require them to submit on after court-
duty report.

V. Clandestine Laboratory and Storage Facility

a. All operations involving clandestine laboratories and storage facilities shall be coordinated with PNP
AIDSOTF for technical assistance, proper assessment and evaluation prior to any negation operation.

b. The investigation shall commence with an intelligence data- gathering process to verify the existence of
the clandestine laboratory or storage facility and to identify the persons involved in its operations. The
intelligence operations shall be appropriately documented by reports supported by sketches, maps,
photographs and other relevant pieces of evidence.

1. Under no circumstance shall any person deliberately use his or her sense of smell, taste, or touch to
identify suspected dangerous drugs, chemicals or hazardous materials or substances. Smoking is
strictly prohibited in the clandestine laboratory site.

2. After a PNP anti-drug unit has successfully seized clandestine laboratory, it shall ensure that the
pieces of evidence are properly preserved. It shall strictly observe the following:

a. All pieces of evidence shall be handled and processed appropriately, having in mind the
possibility of lifting latent prints.

b. Any evidence on hand shall not be moved unless first photographed or videotaped. The
photograph or videotape shall contain the date/time, sequence, and a caption including a
complete description of the vehicle, location, etc. The film shall be restored properly as
evidence.

Page 27 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
c. Once the pieces of evidence have been processed, the bulk chemicals and any contaminated
laboratory hardware, including glassware’s, shall be preserved in the clandestine laboratory until
after the ocular inspection by the Court.
d. All documents found in the laboratory shall be preserved in their totality. They shall also be
examined for fingerprints.

e. In case of possible actual environmental leakage of chemicals in the laboratory or any incident
that would endanger public health and safety, guidelines developed by the DOH and DENR as
per Republic Act 6969 shall be followed.

f. When a clandestine laboratory is dismantled, investigators should conduct back-tracking


investigation on the dangerous drugs, controlled precursor and essential chemicals found in the
laboratory:

1. Collect all documents for paper trail examination and indicators that might lead to
identification of those involved, the origin of the chemicals, and how it was obtained and
brought to the country (diversion or smuggling through the port or coastal areas).

2. Examine controlled chemical containers for labels and markings to determine manufacturer
and country of source or origin.

3. All arrested persons shall be apprised of their Constitutional Rights and conduct post-arrest
interview to elicit further useful information such as who obtained the controlled chemical
and when, where and how it entered the country.

VI. FINANCIAL INVESTIGATION

a. During the intelligence/surveillance phase of the anti-drug operations, the PNP operating units must also
gather information on possible money laundering activities of target personalities and their
cohorts/accomplices.

b. Operating units must check/examine the financial records of the suspect/s which include, among others,
the following:

1. Bank accounts records (Bank statements, deposit slips, uncashed checks, credit card monthly
billings, debit/credit memos, wire transfers, cashier's checks, foreign exchange sold);

2. Business records (Articles of Incorporation/By-Laws, board minutes, stock record books);

3. Deeds of conveyances (Deed of Sale, Deed of Donation, Deed of Transfer, etc.);

4. TCTs, ORs/CRs of vehicles;

5. Payment of bills, purchase of materials, stock certificates; and

6. Anything that will show that the money went into financial institutions or where the money
went/spent and where it came from.

c. If there is a need for financial investigation on the case, the PNP-Anti Drug Unit shall refer the matter to
the Anti-Money Laundering Council (AMLC) for appropriate action.

VII. INVESTIGATION OF CASES INVOLVING UNPLANNED OPERATIONS

Page 28 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION
a. In Flagrante Delicto Cases - Acts committed in violation of RA 9165 subject for warrantless arrest,
search, and seizure which is classified in this Manual as unplanned operation with the exception of
cases enumerated under planned operation.

b. Other In flagrante delicto cases in violation of RA 9165:


1. Search made incidental to a valid arrest;
2. Search of moving vehicles, vessels and aircrafts;
3. Seizure of dangerous drugs, which are concealed in smuggled items;
4. When there is a consented search;
5. Seizure of evidence in plain view (evidence which can be seen in plain view without need of search
done in Police Check-Points, Routine Police Patrol and Inspections) and
6. Other analogous police operations.

c. Procedures stated in Section 12.3 para 3 shall be observed by the PNP personnel or anti-illegal drug
units, in the enforcement of warrantless arrest under Section 5, Rule 113 and Section 13, Rule 126 of
the Rules of Court.

VIII. DOJ DEPARTMENT CIRCULAR NO. 1 (Resolutions A Quo of Cases Covered by Automatic Review)

This particular DOJ circular provides inter alia: “In the interest of the service, pursuant to existing laws and
to prevent public confusion and pre-emptive results, no copy of the resolution in the cases covered by
automatic review of the Secretary of Justice shall be released and/or promulgated pending the exercise of
such review; Department Circular (DC) 46, dated 26 June 2003, “Automatic Review of Dismissed Cases
Involving R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002)” Any resolution released in violation
hereof shall be invalid as having been issued without authority/unlawfully and the officers/persons
responsible for such release shall be administratively and criminally dealt with.

IX. DOJ DEPARTMENT CIRCULAR NO. 2-A in relation to DOJ Department Circular No. 46

In the interest of public service and pursuant to existing laws, effective upon issuance hereof and until
otherwise ordered, the dismissal of all cases, whether on inquest/preliminary investigation or on appeal, filed
for violation of RA No. 9165 and involving the maximum penalty of life imprisonment to death, shall be
subject to automatic review, as follows:

a. For cases dismissed by City and Provincial Prosecutors, by the Regional State Prosecutor having
jurisdiction over the Prosecution Office concerned; and

b. For cases dismissed by the Chief State Prosecutors and City Prosecutors of cities in Metropolitan Manila
by the Secretary of Justice.

The entire record of the case shall be elevated to the reviewing authority concerned within three (3)
days from issuance of the resolution dismissing the complaint or appeal, as applicable. The automatic review
shall be summary in nature and shall be completed within sixty (60) days from receipt of the case records.
This Department Circular shall apply to covered cases which have been dismissed, prior to the issuance
hereof if such dismissal has not yet attained finality as of the date of this Circular.

____ End of Topic ____

“And we also thank God continually because, when you received the word
of God, which you heard from us, you accepted it not as a human word,

Page 29 of 30
Criminal Detection and Investigation (CDI)
SPECIAL CRIME INVESTIGATION

but as it actually is, the word of God, which indeed at work in you who
believe.”
1 Thessalonians 2:13

Page 30 of 30

You might also like