NOTES ON CRIME DETECTION AND INVESTIGATION

CDI-1: FUNDAMENTALS OF CRIMINAL INVESTIGATION

CRIMINAL INVESTIGATION – is an art which deals with the identity and location of the offender and
provides evidence of guilt through criminal proceedings.

INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim:

a. to identify the guilty party;
b. to locate the guilty party; and
c. to provide evidence of his guilt.

PRIMARY JOB OF AN INVESTIGATOR

The primary job of the investigator is to discover whether or not an offense has been committed
under the law, after determining what specific offense has been committed, he must discover how it was
committed, by whom, where it was committed, when and why it was committed (Cardinal points of
Investigation 5W’s and 1H).

SIX CARDINAL POINTS OF INVESTIGATION

WHAT specific offense has been committed? Nature of crime
WHERE crime was committed? Place or location
WHEN it was committed? Time and date
WHOM it was committed? Persons/s involved
WHY it was committed? Reason or motive of
Committing the crime
HOW it was committed? Manner, method or modus
operandi

QUALITIES OF A GOOD INVESTIGATOR

1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen power of observation

TRAINING
Training, as one of the foundations of investigation, is concededly a vital ingredient in the creation
of a total investigator. Experience alone does not make one good investigator. Many who had been
hostage to this notion often ended in jeopardy. The ideal conjugal partnership is training and experience.
The fusion of the best training and vast experience is a formidable force that can threat even the most
sophisticated technology and syndicated crimes. The necessity of training as a purveyor of change builds
the investigator’s confidence. It widens his vision for professional growth and strengthens his will to
survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety
College is the institution that trains uniformed personnel of the Philippine National Police to become a
certified investigator.

THREE TOOLS OF INVESTIGATION

1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.

Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator from informants,
vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as
prisoners and ex-convicts.
 2. INTERVIEW AND INTERROGATION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or
known.
This is the questioning of a person believed to possess knowledge that is in official interest to the
investigator.

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

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity,
Rapport, Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify himself to
the subject by name, rank and agency. Except, when there is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators, such
friendly atmosphere is a vital for both the subject and the investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the
investigator.
Inquiry – after all information have been given by the subject, that is the time for the investigator
to as question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost courtesy
and thanking the subject for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)

INTERROGATION –is a questioning of a person suspected of having committed an offense or a

person who is reluctant to make full disclosure of information in his possession which is pertinent to the
investigation.

What are the purposes of Interrogation?

a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional stimuli
that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and
decide what motivation would prompt him to tell the truth, and then provide those motives through
appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and
friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing
with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because he knows
that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and one is
informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory experts
against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the extent of confessing:

CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement

officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in
investigation where there is strict observance of the Miranda Doctrine.

MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court
Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It
was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines.

3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes. In
cases where there are no significant physical evidence to be found, then the use of instrumentation is
relatively unimportant.

PHASES/STAGES OF CRIMINAL INVESTIGATION

1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS

METHODS OF IDENTIFYING CRIMINALS

a. By confession or admission of the criminal himself
b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. Judicial Confession– those made by the accused in open court. The plea of guilt may be during
arraignment or in any stage of the proceedings where the accused changes his plea of not guilty
to guilty.

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of

guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates
but does not incriminate. It is also an acknowledgement that a fact, action or circumstances are true
which strongly infer or directly admit guilt but lacks the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. Confession or admission must be taken preferably in writing and under oath
 2. It must be written in the language known and understood by the accused, if not it must be clearly
translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent and independent
counsel chosen by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

a. Known criminals
b. Unknown criminals
Methods of Identification by witness
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal Illustration)
The value of identification by eyewitness depends on:
a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility;
c. The lapse of time.
What are the procedures of identification by eyewitness?
a. Physical line-up – is a means of selecting a suspect from a group of innocent persons usually
composed of seven to ten persons. The purpose of line-up is to eliminate the power of
suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the crime
and made immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with
other facts, the identity of the person can be inferred.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:
a. The suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the
crime scene. The suspect may leave some clues at the scene such as weapons, tools, garments
or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen
goods in the possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a
distinct pattern of how a crime is committed and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct and different from the other. It is a criminal
trademark, logo or brandname.

2. TRACING AND LOCATING THE CRIMINALS

INFORMANT – is a person who gives information to the police relevant to a criminal case about the
activities of criminals or syndicates.

TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
 g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

SURVEILLANCE – is the secret observation of persons, places,and vehicles for the purpose of obtaining
information concerning the identities or activities of the subject.
a. Surveillance of Place (fixed/ stake-out)
b. Shadowing
c. Roping

SURVEILLANT – is the person who maintains the surveillance or performs the observation.

SUBJECT – the person or place being watched or surveyed.

KINDS OF SURVEILLANCE
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping

How to conduct surveillance of place?

A careful survey of the surrounding area should be made. The character of the neighborhood,
residents and transient should be noted. The observation point should be selected properly. When
observation is conducted from a ‘plant’, surveillance agents must be extremely careful not to reveal their
true activity. Observation maybe made through a window or other aperture so as to be unnoticed from
the outside. Venetian blinds afford the best coverage, but may appear to be out of place of some
buildings. An alternative is to lower the roller of draw shades another inch from the window. Binoculars
are generally essentially equipment of the plants, as they facilitate positive identification of person
entering or leaving the place under and observation. A still or video camera with telephoto lens can also
be used effectively. Agents should take careful notes of what they observe and should record detailed
descriptions of all individuals entering the target. A chronological log is usually the best of recording
pertinent occurrences.

TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant
available, volume of pedestrian traffic and importance of concealing the surveillance.

METHODS OF SHADOWING
a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view at all
times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents
detection.
d. Progressive/Leap from method – poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.

What are the things that should be avoided during shadowing?

a. Don’t meet the eye of the subject
b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. Don’t make notations ostensibly
How to detect foot surveillance?
A subject who is suspicious of being under surveillance may resort to trickery in order to verify his
suspicion. When a subject resort to such trickery, it is good policy to change agents, for the suspect may
have ‘spotted’ one or more of his surveillants.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.

How to elude foot surveillance?

Common method to elude foot surveillance in which surveillants must be prepared and guard
against are the following:
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing

AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of surveillance
vehicles available, the volume of vehicular traffic in the area, the importance of concealing the
surveillance from the subject, and the subject’s estimated ability to detect and elude surveillance. At all
times each vehicle should be occupied by at least two agents; one to concentrate on driving, and the
other to observe, take notes, operate radio equipment, or to dismount and continue the surveillance on
foot.

How to detect automobile surveillance

As in the case of foot surveillance, a subject who believes he is being followed may resort to
trickery in order to verify his suspicions. Some of the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down
How to elude automobile surveillance
a. Committing traffic violations
b. Using double entrances to driveways; in one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a
decoy.
UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a
different and unofficial identity in order to obtain information.

DEFINITIONS
a. Undercover- an investigative technique in which the Agent’s/Investigator’s official identity is
concealed to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged
documents.
 3. GATHERING EVIDENCE

CRIME SCENE INVESTIGATION

It is the conduct of processes, more particularly, the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect/s at the crime scene.

SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551 (PNP
Law). The former law placed the Philippine National Police Crime Laboratory as an Operational Support
Unit. The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO) which is
field operation. This is now an innovation because the SOCO now gathers all evidence at the crime
scene and takes custody of them, marking and tagging them which otherwise the duty of the criminal
investigator before.

What Constitute a Crime Scene?

a. Crime scene can be understood to include all areas in which the criminal, any possible victim and
any eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.

GOLDEN RULE AT CRIME SCENE INVESTIGATION

Never touch, move, or alter any object at the crime scene unless it has been photographed,
measured, and sketched from any conceivable angle.

UPON RECEIPT OF THE CRIME INCIDENT

1. The Desk Officer shall:

a. Record the date and time the report/complaint was made, the identity of the person who
made the report, place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

2. The First Responder shall:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER

A. Receipt of Briefing and Designation of Command Post
Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI
Evidence Custodian stays and receives the pieces of evidence turned over to him for safekeeping by
the other evidence collectors.

B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)

a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific assignments; and
g. From his assessments, he develops a general theory of the crime scene.

C. Preparation of Narrative Report

The Team leader uses the systematic approach in making a narrative report.

D. Documentation of the Crime Scene

The photographer begins taking photographs as soon as possible. The evidence collectors do not
touch or moved any evidence once it is located until it has been identified, measured and recorded.
PHOTOGRAPHING THE CRIME SCENE
The main objective crime scene photography is to create an accurate objective visual record of
the crime scene before any item ismoved as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – photograph of the over-all scene.
Distance: From the doorway to the room and other corners of the room
2. Mid-Range View
Distance: Eight or ten feet from the victim
3. Close-up View – every physical evidence must be photographed in close-up view and for
different angles.

CRIME SCENE SKETCHES

A rough sketch is prepared indicating the actual measurement of things with scale and proportion
observed and oriented to the North Pole. All necessary information is placed in the sketch.

ELEMENTS OF SKETCH
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title

SPECIFIC KINDS OF SKETCHES

a. Sketch of Locality- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
b. Sketch of the Ground- picture of the scene of the crime with its nearest physical
surrounding.
c. Sketch in Details – the immediate scene only.
d. Exploded/ cross projection – gives the clear impression of the scene in cases where blood
stains or bullet holes are found.

SKETCHING METHODS
a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch

TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves measuring the
distance of an object from two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an
object along a straight line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string, chalk
line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or some method of
measuring angles between two lines. One point is selected as the origin and a line extending
from the origin becomes an axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up like
a lid of a hinged box, with the four walls opening outward. Measurements are then indicated
from a point on the floor to the wall.

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photograph and sketched to
systematically look for physical evidence that may prove useful in establishing that a crime has been
committed and to determine what method of operation the perpetrator may have used.

METHODS OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the path
parallel to one side of the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for large
crime scene.
 c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each
searcher is assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion.

E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.Notes must
include:
a. Detailed written description of the Crime Scene with locations of recovered physical evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.

F. Collection of Physical Evidence

The competence to recognize and properly collect physical evidence is critical to both solving and
prosecuting crimes.
The team leader is always informed of significant evidence located. The evidence collectors shall
put his initial, location and date of collection on the item and turn it over to the evidence custodian for
documentation and safekeeping.

PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed or which, in general assist in the prosecution of criminal. It embraces any
object, living or inanimate, solid, liquid, or gas state.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:
a. The article must be properly identified
b. Chain of custody must be proved
c. The evidence must be material and relevant

CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment they
were collected, marked and tagged, up to the time of the final disposition of the case.

G. Conduct of Final Survey

The team leader makes a final review on the crime scene to determine whether or not the
processing has been completed.

H. Release of the Crime Scene

The release of the crime scene is done if the investigator is satisfied that all pieces of evidence
have been recovered. Thus, the investigator must evaluate the items recovered from the results of the
interrogations of the suspect/s and the interview of the witnesses. He must bear in mind that upon the
formal release of the crime scene to the proper authority, the warrant is already required for his re-entry
to the crime scene.
 CDI-2: TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRANSPORTATION
- is an act or process of conveying from one place to another
- from the Latin word “Terans” meaning across or and move and “Portare” means to carry

VARIOUS ANCIENT MODES OF TRANSPORATATION

A. MANPOWER
B. ANIMAL POWER
C. WIND POWER

ROADS AND VEHICLES HISTORY

WHEEL
- was invented probably in Western Asia
- one of man’s great inventions

THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)

CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley

RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)

TRAFFIC
- it refers to the movement of persons, goods, or vehicles, either powered by combustion
system or animal drawn vehicle, from one place to another for the purpose of safe travel
- originated from Greco-Roman word Trafico and Greek word Traffiga, origin of which is not
known

THE 5’Es OF TRAFFIC

1. ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and providing
warning to the erring driver for the purpose of deterring and discouraging and or preventing such
violation
2. EDUCATION
- the process of giving training and practice in the actual application of traffic safety knowledge

3. ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the traffic law and
generation; the application of these knowledge to the professional practice of planning, deciding,
and operating traffic system to achieve safe and efficient transportation of persons and goods

4. TRAFFIC ECOLOGY/ ENVIRONMENT

- the study of potentially disastrous population explosion, changes in urban environment due to the
scale and density of new urban concentration and new activities carried out, air pollution, water
pollution and crowding, transport congestion which result therein

5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy

MANAGEMENT
- it is an executive function such as planning, organizing, Directing and supervising, coordinating
operating recording and budgeting traffic affairs
AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

Land Transportation Office

- tasked to enforce laws, rules and regulation governing the registration of motor vehicles,
operation of motor vehicle and traffic rules and regulation as provided by RA 4136 as amended.
Land Transportation Franchising and Regulatory Board
- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
- promulgate rules
- impose and collect fees
- formulate and enforce rules and regulation for transport operation for promotion of safety and
convenience of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-A and
E.O. 202 dated June 19,1987

Department of Transportation and Communications

- in charge of planning programs coordinating implementing and perform administrative function
and promotion development and regulation of dependable and coordinated network of
transportation and communication in order to have fast, safe, efficient and reliable postal
transportation and communication services (EO No. 125.)

Metro Manila Development Authority (MMDA)

- created under RA. 7924 and sets policies concerning traffic in Metro Manila, coordinates and
regulates implementation of program related to traffic

Congress and Local Council

- the branch of government primarily tasked to create laws for the welfare of the public

Judiciary
- the branch of government that interprets the law through adjudication of cases

Traffic Management Group (TMG)

- the basis service of the PNP tasked to direct and control traffic, perform accident investigation,
enforce the laws and issue citations.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

Department of Public Works and Highways

- has responsibility of determining traffic flow planning approval of program and budget finding of
construction and maintenance of road and instrument

Local Public Works and Engineering Offices

- local government units and instrumentalities that have the same function as the DPWH
- perform such powers within their territorial boundary

AGENCIES INVOLVED IN TRAFFIC EDUCATION

Schools

Elementary
- tasked to educate children to obey traffic rules through their programmed curricula

Secondary
- tasked to educate students in obeying tha traffic rules by imposing school policies intended for
the welfare of the students

Higher Education
- they offer subjects on driving and traffic safety course or any allied subjects

TRAFFIC EDUCATION
- is priceless gem in the entire scale of social order of the road
- is the process of inculcating to an individual the knowledge, skill, responsibilities and values to
become a fully developed person
- the key to smooth traffic flow is discipline and to acquire discipline people must be educated

PURPOSE OF DRIVER EDUCATION

1) To Instill awareness of one's legal and moral responsibilities in traffic; and
2) To teach abilities required for one to be eligible for a driver’s license.
SAFETY CAMPAIGN
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as road propaganda

BIORHYTHM
- the theory asserting that man exhibit constant variation of energy and mood states

The Environmental Factors in Man’s Theorized Cycles and Interpretation of Biorhythm

1. The exchange of Light and darkness
2. The four seasons
3. Wet and dry seasons
4. The waxing and waning of the moon

The Biorhythm Cycle

1. 23 days of physical cycle
2. 28 days of emotional cycle
3. 33 days of intellectual cycle

The High State

Physically high
- people are energetic, strong and agile
Emotionally high
- people are creative, artistic and happy
Intellectually high
- people think quickly and logically

The Low State

Physically low
- people tend to be tired and succumb to sickness
Emotionally low
- people are moody, irritable and depressed
Intellectually low
- people find it difficult to think logically and lacks coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

LICENSING SYSTEM
- it is the system of issuing license to any person who is qualified to fulfill the responsibilities
required by the licens
- administered by the LTO

DRIVER’S LICENSE
- issued to the drivers as privilege granted by the government providing statutory qualification

LICENSING PROCEDURE

REQUISITES FOR ISSUANCE OF LICENSE

- At least 16 years old for student’s permit
- 17 years old for sub-professional
- 18 years old for professional

KINDS OF DRIVER’S LICENSE

1. Student permit
2. Non-professional
3. Professional
4. Military
5. International

RESTRICTION CODE
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500 kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and weighing more than
4500 kg
DRIVER
- Licensed operator of a vehicle

DUITES OF DRIVER IN CASE OF ACCIDENTS

1. Stop immediately.
2. Show the license to the victim and give the true name, address and contact number.
3. Driver is not allowed to leave the scene without aiding the victim.

EXCEPTIONS TO THE PRECEEDING TOPIC

1. If he is in imminent danger of being seriously harmed by reason of accident;
2. If he reports the accident to the nearest police station; and
3. If he has summoned the physician or nurse to aid the victim.

CONDUCTOR
- Licensed person allowing limited number of passengers, freight or cargo in public utility truck or
buses

TEN COMMANDEMENTS OF TRAFFIC

1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the fast lane and
the slow lane is the right.
2. OBSERVE ROAD COURTESY- yield to emergency vehicle, pedestrians, trains, vehicle with right
of way, vehicles ahead, large vehicles, uphill traffic, vehicles with momentum, straight traffic, and
traffic signs.

Emergency Vehicles:
1. Vehicle with physician
2. Ambulance on emergency call
3. Vehicle with wounded or sick person
4. AFP/ PNP vehicle on official call
5. Vehicle in pursuit of criminals
6. A police or fire on call

RIGHT OF WAY RULE

- the right to proceed ahead of another vehicle or pedestrian

1. Intersection- when two or more vehicle is entering an intersection the one on the left will give way
to the right vehicle.
2. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas the
movement of vehicles is regulated by a police officer.
3. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing to an
intersection. If there is no hazard the driver may slowdown to 5mph.
4. Police /emergency vehicle- all drivers should yield to emergency to emergency vehicle except as
directed by traffic enforcer. Fire trucks are accepted to speed limit but they are prohibited to have
unnecessary speed.
5. From private road to highway- vehicle from private road must yield to that on a highway.

3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection
2. Crosswalk/ pedestrian lane
3. Within 6 meters from drive way of any response installation, fire hydrant and private roads
4. Double parking
5. Sidewalks, alleys, foot of the bridge
6. Places wherein official signs are posted
4. WHEN IN DOUBT, DO NOT OVERTAKE.
- overtaking lane is the lane to the left of overtaken vehicle going in the same direction, overtaken
vehicle is the privileged vehicle

CONSIDER THESE IF YOU OVERTAKE:

1. Signal the intention.
2. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient distance to
facilitate proper overtake.
3. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep his lane,
maintain speed and yield to overtaking vehicle.
4. He shall increase his speed until the overtaken vehicle has cleared the way
5. In a two lanes, on a divided roadway, they may use either of the lanes.
 6. In an expressway with fast and slow lanes, on a divided roadway, they may use either of the
lanes.
7. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection and
between construction and caution.

5. THE BUS STOP RULE

1. The buses queue up in a single file in their order arrival.
2. Lead bus moving toward the center of column of busses lining on the bus stop zone, and remain
until zone is filled with busses, but longer than three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS

- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking. In a construction,
vehicles should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES

- Observe and obey traffic notices sign like notices and pavement markings.

8. THE PHILOSOPHY OF PINOY DRIVER

- Motorist should observe equity of the lead vehicle, doctrine of the last clear chance on rotunda
drive.

9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait embark and alight at bus or
jeepney stop.

10. REMEMBER THE INTERNATIONAL SAFETY REMINDER- “SAFETY FIRST”

TRAFFIC LAW ENFORCEMENT

- the action taken by the police to compel obedience to traffic laws and ordinance regulating the
use and movement of motor vehicle for the purpose of creating a deterrent to unlawful behavior
by all potential violators

TRAFFIC LAW ENFORCER

- a person duly deputized by an agency of government authorized by law to enforce traffic laws,
rules and regulations

POLICE TRAFFIC LAW ENFORCEMENT

- the part performed by the police and other agencies with police power including deterrent to law
violations created by the presence of uniformed police officer and their special equipment, special
assistance to court and prosecutor and incidental service to highway users

COURT TRAFFIC LAW ENFORCEMENT

- the performed by the court through adjudication and penalization

POLICE COURT ENFORCEMENT PROCESS

FIVE ESSENTIAL STEPS

1. DETECTION - wholly police activities and entails looking for defects in the behavior motorist,
pedestrian, vehicle, equipment and roadway condition.
2. APPREHENSION - a police responsibility wherein the police are required action to prevent
continued and future violation.
3. PROSECUTION - it is a court function, the police also provides corresponding influence through
preparation and introduction of evidence or close contact with the prosecution office.
4. ADJUDICATION - it is court function, the police provides influence on this step by as a witness
to the prosecution by supplying additional evidence. It determines the guilt or innocence of the
accused.
5. PENALIZATION - the imposition of penalty upon the accused. Penalty can be influenced by
previous records of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES

1. Increase safety level
2. Increase traffic efficiency
3. Ensure harmony and comfortable environment
4. Maximize safety
ACTIVITIES OF TRAFFIC LAW ENFORCEMENT
1. Preventive activities
2. Persuasive activities
3. Punitive activities

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM

1. Enforcement system
2. Road user system
3. Traffic system

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

CHARACTERISTIC OF TRAFFIC LAWS

1. Laws are developed from experiences of the public over the years.
2. Laws reflect beliefs, behavior and standards agreed upon by society.

VIOLATIONS
- those act and omissions against traffic laws

CLASSIFICATION OF VIOLATION
1. Hazardous traffic violations that cause danger to road users. Unsafe behavior and unsafe
conditions are the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of roads.

REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS

1. Physical infirmities
2. Ignorance
3. Mental disorder
4. Lack of training
5. Wrong attitude
6. Habitual violators
7. PUV drivers are aiming for more compensation

POLICE TRAFFIC ENFORCEMENT ACTIONS

- these include arrest and citation of any person

PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation
3. Discourage future violation

KINDS OF ENFORCEMENT ACTIONS

1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a) the offense is serious;
b) detection is needed to avoid continued violation; and
c) there is reasonable doubt that violators may not appear in court.

2. Traffic citation - made to compel violators to appear in court in absence of arrest.

3. Traffic warning - an act reminding the driver of his violation in order for him to not do it again. No
arrest or citation is made.

TYPES OF WARNING
1. Visual warning - using gestures and signals.
2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of two preceding types with written note of citation.

TRAFFIC PATROL
- part of traffic supervision by patrolling to ensure public obedience

OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public
TYPES OF PATROL
1. Line patrol- it is assigned to a particular place
2. Area patrol- type of patrol assigned to an area of vicinity

TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place
2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. concealed traffic observation - observer is not visible to the public

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT

1. Decision - nature of violation
2. Pursuit technique
3. Safety driving technique

STOPPING AND APPROACHING TRAFFIC VIOLATORS

1. It must be done with consideration to safety of both parties engaging
2. Upon approaching officer must be from the left side from the rear, be alert

TRAFFIC ROAD CHECK

- It is done to inspect the following:
1. Faulty vehicle equipment
2. Registration and licensing procedure
3. Intoxication or cargo check

TYPES OF TRAFFIC CHECK

1. Faulty vehicle
2. Officer directing road check

CONSIDERATION IN ROAD CHECK

1. Minimum delay to motorist
2. Thorough checking procedure
3. Protection and safety of parties involved
4. Timing and location and frequency

OBJECTIVE IN DEALING WITH VIOLATORS

1. Immediate objective- to act against the person
2. Ultimate objective- to change the future of a person

POINTS TO REMEMBER
1. Violators are diversified
2. Conflicts arises in violators
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected

TRAFFIC SUPERVISION, DIRECTION AND CONTROL

- an act of overseeing the traffic to keep order on street and highways within existing laws

POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:

1. Accident scene
2. Emergencies
3. Planned and special events
4. Regular points and integration control
5. Directing pedestrian movement

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING PLACES:

1. Not signalized intersection
2. Signalized intersection
3. Between intersection
SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable degree

POLICE TRAFFIC DIRECTION

- It involves telling the public how and when they should not stand and move

POINT/ AREA CONTROL

- It is the part of the traffic direction concerning the control of vehicular/ pedestrian movement

POLICE TRAFFIC ESCORT

- It involves mobile supervision of traffic movement, directing orally and visually are done to allow
free and safe movement of escorted vehicles.

TRAFFIC DIRECTION AND CONTROL

- It is the control direction of traffic units according to proportionate time to prevent traffic accident
to maintain smooth flow of traffic.

MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures

HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

WHISTLE SIGNAL
1. One long blast for STOP
2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture

B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased

C. GESTURE TO START TRAFFIC

- Stand sideways
- point your index finger toward the vehicle to start, hold it till he verified, swing your hand up to
your chin
- drop and repeat the process at the opposite side
- Use it when they are slow or hesitant to move

D. RIGHT TURN GESTURES

- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign

E. LEFT TURN GESTURES

- Vehicles turn left from right, stop vehicle from right and direct vehicle to the left
- Left turn vehicle from your right, turn around and repeat the procedure above
- Street with one lane only
 a. allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. semaphore signals may be used

F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL

1. Keep intersection open
2. Don’t allow motorist to cross without exit
3. Stop motorist at their lane
4. Prefer to stop the last moving vehicle

TRAFFIC JAM
- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic enforcer and
road construction.
PROCEDURES IN TRAFFIC JAM
1. Determine the cause
2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam

RESPONSIBILITIES OF TRAFFIC ENFORCER

1. Enforce the law without fear or favor and assist public when needed
2. In an intersection, remember the following:
a. personal safety of enforcer
b. policeman’s visibility
c. visibility of officers to traffic
d. non obstruction to traffic
e. ability to effect necessary control
3. Officer shall not leave his post during tour of duty without permission from higher authority. In case
personal necessity he should notify the station.
4. Respond immediately to emergency calls and notify the station
5. Be calm and control the temper even under provoking situation
6. He should be in proper uniform
7. In apprehending issue citation, and do it in one minute

PEDESTRIAN CONTROL

PROGRAM OF PEDESTRIAN ENFORCEMENT BASICALLY DEPENDS ON THE FOLLOWING:

1. Campaign
2. Guiding on the post
3. Warning ticket

DRUNKEN DRIVERS
- it is a driver who drives under the influence of alcohol with 10% of intoxicating level

FIELD SOBRIETY TEST

1. Walk on straight line
2. One foot balance
3. Reading
4. Spelling
5. Counting from 1 to 10
6. Video tape the movement
7. Photograph the unguarded movement

CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test
EVIDENCE AGAINST DRUNKEN DRIVERS
1. Drivers admission
2. Co-occupants testimony
3. Material witnesses testimony
4. Photograph of drunken driver
5. Video/ voice tape of driver
6. Officers testimony

LEGAL ACTION AGAINST DRIVER

1. Submit him to the nearest laboratory for testing
2. Impound the vehicle
3. Confiscate the license
4. Recommend the suspension of privilege
5. Sue him for violation
6. If acquitted recommend suspension of license

TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic demands.

FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective

APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING

1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN

- composition of traffic stream
- traffic volume and capacity
- origin and destination

II. FACTORS INFLUENCING DESIGN

- traffic composition
- traffic volume
- vehicle speed
- movement of traffic
- performance value

III. REGULATION AND CONTROL

a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- lateral placement
- pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- one way regulation
- speed control
 - curb parking control
- turning regulation
- stop rule

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES
- Compel attention
- convey simple meaning at a glance
- allowing time for response
- command respect

2. FUNDAMENTAL TRAITS
- design and outward aspect
- position and placement
- maintenance and condition, appearance and visibility

3. TYPES OF TRAFFIC CONTROL DEVICE

- traffic or road sign
- pavement markings
- traffic light
- traffic island

FUNCTIONAL CLASSIFICATION OF TRAFFIC CONTROL DEVICES

1. Regulatory devices
2. Warning devices
3. Guiding devices

AIMS OF SIGNAL CONTROL

1. Reduce traffic conflict and delay
2. Reduce accident
3. Economize police time

ADVANTAGES OF SIGNAL INSTALLATION

1. Made for well ordered movement
2. Reduce accident frequency
3. Provide means of interpreting heavy traffic
4. Economical over manual control at intersection
5. Coordinating in providing continuous flow of traffic
6. Increase traffic capacity

CLASSES OF TRAFFIC SIGNS

a. DANGER WARNING SIGNS

b. REGULATING SIGNS
- priority signs
- prohibitory signs
- mandatory signs
c. INFORMATIVE SIGNS
- advance sign
- place identification sign
- confirmatory sign

PRINCIPLES OF SIGNS
1. Red triangle connotes hazard
2. Red ring with diagonal line connotes prohibition
3. Blue/ green provides information
4. Signs on blue disc give positive instruction

INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign
3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching danger zone
TRAFFIC LIGHTS
1. Red- stop
2. Amber- slowdown
3. Green- go

PAVEMENT MARKINGS
1. Arrows point to direction
2. Straight lines means no overtaking
3. Broken lines means overtaking is allowed

ROAD CLASSIFICATION

ACCORDING TO POLITICAL SUBDIVISION

1. National road- right of way 20 to 120 meters
2. Provincial road- link between to municipalities, 15 to 60 meters
3. City road- interlink in the city, 15 meters
4. Municipal road- within town proper 10 meters
5. Barangay road- from market to town 2 meters

ACCORDING TO TOPOGRAPHICAL TERRAIN

1. Flat road
2. Zigzag
3. Steep hill
4. Down hill
5. Winding road
6. Mountainous road
7. Roller coaster road

FUNCTIONAL CLASSIFICATION OF ROADWAY

1. VEHICLES PASSES SAFELY ON
- climb lane
- overtaking lane
- acceleration lane
- turning lane
2. PART OF THE ROAD USED FOR:
a. standing lane
b. stopping lane
c. Bus stop

SIDEWALK
- it is the portion of the road that answers the safety of pedestrians

ACCIDENT
- that occurrence in a sequence of events which usually produces unintended injury, death or
property damage

TRAFFIC ACCIDENT
- an accident involving travel transportation on a traffic way

MOTOR VEHICLE ACCIDENT

- event resulting in unintended injury or property damage attributable directly or indirectly to the
action of a motor vehicle or its load

KINDS OF TRAFFIC ACCIDENTS

In the investigation of traffic accidents, it is imperative for the traffic investigator to know the kinds
of accidents occurred in order to map out the necessary activities to be done when responding and
investigating.

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT

- refers to any accident occurring on a traffic way involving persons using the traffic way or travel or
transportation, but not involving a motor vehicle in motion (ex. Pedestrian and a cyclist in a traffic
way)
2. MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- any motor vehicle accident which occurs entirely in any place other than a traffic way (ex.
Accident on a private driveway)
3. MOTOR VEHICLE TRAFFIC ACCIDENT
- any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles on a
highway)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT

1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the usual or
unexpected movement or condition that could be taken as a sign of an accident about to happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to escape from a
collision course or otherwise avoid a hazard
3. INITIAL CONTACT – the first accidental touching of an object collision course or otherwise
avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision; the force
between the traffic unit and the object collided with are greatest at maximum engagement
5. DISENGAGEMENT – it is the separation of a traffic unit in motion from an object with which it has
collided; the force between the object ceases at this time
6. STOPPING – this is when the traffic units involved come to rest; it usually stabilizes the accident
situation
7. INJURY – it is receiving bodily harm; this event does not necessarily occur after the accident but
within any of the chain of events; it may also happen right after the evasive action taken by the
drivers involved or during the initial contact

STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION

STEP 1. UPON LEARNING THE INCIDENT CHECK THE FOLLOWING

1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened

STEP 2. WHEN EMERGENCY UNDER CONTROL

1. Preliminary question to driver
- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
- lights
- gear position
- mark the position of vehicle
- look for the unusual things inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed

STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE

1. Make a test skid
2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- vehicle damages
- view obstruction
- present condition
- control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio

STEP 4. AFTER LEAVING THE SCENE

1. Get the medical report
 2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators’ report
7. Reconstruct the accident
8. Complete the investigation and file it

STEP 5. IF THE CASE GOES TO COURT

1. Seek the desire of the prosecutor to strengthen the case.
2. Return to the scene of the incident to gather additional data
3. Make a pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

IN CASE OF INJURIES:
1. Stop arterial bleeding
2. Ask for help
3. Protect the wound for exposure
4. Cordon the place

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY

1. Fatal
2. non fatal
3. Property damage

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT

1. Running off road
2. Non-collision on road
- overturning
3. Collision on road of vehicles with the ff:
- pedestrian
- moving vehicle
- parked vehicle
- bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT

A. SIMULTANEOUS FACTORS
- Road condition
- Driver’s attitude
- Weather condition
B. SEQUENTIAL FACTORS
- Unsafe greater speed
- Defective vehicle
C. OPERATIONAL FACTOR
- Road hazard
- driver’s non compliance
D. PERCEPTION FACTOR
- driver’s inability to react
- driver’s faulty action to escape

HIT AND RUN INVESTIGATION

- This applies to drivers who failed to stop at a road accident

LEGAL CASES TO BE FILED:

1. Abandonment of one’s victim
2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of section 55 of RA 4136
7. Civil liability
COMMON NATURE OF HIT-AND-RUN
1. Ran over pedestrian
2. Sideswiped pedestrian
3. Collided with moving vehicle while overtaking
4. Collided with moving vehicle while overtaking on opposite direction
5. Damaged parked vehicle
6. Crushed police road block
7. Bumped by stray animal

INVESTIGATING FOR UNKNOWN FACTS

1. Victims identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION

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

EXAMINATION OF RECOVERED VEHICLE

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

INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION

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

DOCUMENTS TO BE FILED IN CASE OF DEATH

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

DOCUMENTS TO BE FILED IN CASE OF INJURY

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

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT INVESTIGATION

1. MOTOR VEHICLE – any device which is self-propelled and every vehicle which is propelled by
electric power obtained from overhead trolley wires, but not operated upon rails
2. KEY EVENT – an event on the road which characterizes the manner of occurrence of a motor
vehicle traffic accident
3. DEBRIS – the scattered broken parts of vehicles, rubbish, dust and other materials left at the
scene of the accident caused by a collision
4. SKID MARKS – these are marks left on the roadway by tires which are not free to rotate, usually
because brakes are applied strongly and the wheels locked
5. TRAFFIC UNIT – any person using a traffic way for travel, parking or other purposes as a
pedestrian or driver, including any vehicle, or animal.
6. HAZARD - a hazard is generated when a critical space-motion relationships between a traffic
unit and another object develops due to the movement of either or both (ex. A curve in the path is
a hazard; another traffic unit in the path is a hazard.)
7. SAFE SPEED – the speed adjusted to the potential or possible hazards or the road and traffic
situation ahead; safe speed on the road is determined by the road rather than the particular driver
of a vehicle (ex. A curve ahead is a hazard and a safe speed for it is a speed at which it can be
taken comfortably
8. STRATEGY – the adjusting of speed, position on the road, and direction of motion, giving signals
of intent to turn or slow down, or any other action in situations involving potential hazards
9. TACTIC – any action taken by the traffic unit to avoid hazardous situations like steering, braking
or accelerating to avoid collision or other accident.
10. IMPACT – the striking of one body against another or a collision of a motor vehicle with another
motor vehicle.
11. CONTACT DAMAGE – damage to a vehicle resulting from direct pressure of some foreign object
in a collision or roll over; it is usually indicated by striations, rub-off of material or puncture.
12. FACTOR – any circumstance contributing to a result without which the result could not have
occurred or it is an element necessary to produce the result, but not by itself sufficient.
13. PRIMARY CAUSE – a misnomer loosely applied to the most obvious or easily explained factor in
the cause of an accident or the most easily modified condition factor.
14. CAUSE – the combination of simultaneous and sequential factors without any one of which result
could not have occurred.
15. ATTRIBUTE – any inherent characteristics of a road, a vehicle, or a person that affects the
probability of a traffic accident.
16. MODIFIER – a circumstance that alters an attribute permanently or temporarily.
 CDI-3: SPECIAL CRIME INVESTIGATION

INTRODUCTION

Special Crime Investigation deals with the study of major crimes based on the application of
special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory. Special Crime Investigation involves a close
relationship between the prober in the field and the crime laboratory technician. They work together as a
team, reacting to and extending one another’s theories and findings both working patiently and
thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical evidence
rather than extra-judicial confession.

HOMICIDE INVESTIGATION

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

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce
his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference
between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal
justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind him. It is
important that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

Title Eight
CRIMES AGAINST PERSON
(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused.
Art. 247. Death or physical injuries inflicted under exceptional circumstances– Any legally married
person who, having surprised his spouse in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Penalty:Destierro(prohibition to enter the place or places designated in the sentence, nor within the
radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place
designated.

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another, shall
be guilty of murder and shall be punished by reclusion perpetua to death, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or employing
means to weaken the defense or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, or by means of motor vehicles or with the use of any
other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4. The killing is not parricide or infanticide.

TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to make a
defense.

MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a design
form to do something before it is done.
The essence of premeditation is that the execution of the criminal act must be preceded by
COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during the
space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.

ART. 249. Homicide – Any person who, not falling within the provisions of Article 246 (Parricide) shall
kill another, without the attendance of any of the circumstances enumerated in the next preceding article
(Article 248), shall be deemed guilty of homicide.

Penalty:Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255 .Infanticide

The killing of a child less than three days of age, whether the killer is the parent or grandparent,
any other relative of the child, or a stranger.

Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its
medium and maximum periods. If committed by maternal grandparents or either of them, the penalty
shall be reclusion temporal (12 years& 1 day to 20 years imprisonment).

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to discover and
document such facts as type of death, identity of the deceased, cause of death and motivation and
identity of the perpetrator. In order to resolve these fundamental questions, the investigation will focus
on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal
much through examination of wounds and other types of tracing clues that may be present.

Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is, indeed,
dead. Police officers do not have the legal authority to pronounce death, only physicians/medical doctor
can establish the fact of death. For this reason, the police officer should never assume death unless the
condition of the victim’s body demonstrates death in a totally obvious manner.

A. Death – death is defined as the absence of life in a living matter.

B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and almost all
brain functions of an organism. It is usually pronounced by a physician or other members of
the family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs one at a time
after somatic death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital processes were
depressed to the minimum compatible with life. This condition is not actually death although
classified under the kinds of death, because the person or organism is still alive although it
seems that there are no signs of life.

C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive and
identity of the perpetrator, with the identity known, the investigator can focus attention on the victim’s
background and establish a possible motive through such information. Victims encountered in indoor
scenes will normally have identifying data on the body, or such data will be available throughout the
crime scene. In outdoor scenes, such evidence is normally not as readily available, since the victim is
removed from the personal environment and also outdoor scene may not be discovered for long period
of time; thus evidence may be destroyed by elements of nature or will be lost. If there are no identifying
papers on the victim’s person, fingerprint should be used as means of identification. If fingerprint
identification is unsuccessful, the investigator must rely on other methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when the other
portions of the body are totally decomposed (Forensic Odontology). The skeletal remains of the victim
may also help to determine identity, as well as yield other types of information. If bone fractures are
noted, they may be used to identify the deceased, but if only corresponding medical records can be
located. The widths of the pelvic bones are excellent indicators of the victim’s sex; Determination of the
victims age maybe more difficult, in that the victims past the age of eighteen years have generally
achieved their maximum skeletal growth. However, general age determination can be established via
dental structure.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
 5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person

1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper union of the
fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide investigations. This fact
is significant because of its investigative importance in corroborating or disputing alibis, or in establishing
the victim’s movements prior to death. Determining death is not an exact science.

POST-MORTEM CHANGES

1. POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death; setting of blood
in the dependent portions of the body following death).
It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of
blood in the small vessels of the dependent areas secondary to gravity. This pooling of blood begins
immediately after death and becomes fixed in approximately 8-12 hours. The investigator can press on
the skin in the dependent regions and if the skin blanches, death has probably occurred less than 12
hours. This becomes fixed after a while and can tell if the body has been moved. This is not a reliable
indicator of time of death. This is a better indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:

1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body
changes. Blood remains fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
 4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body in the
earlier stages of death.

2. POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the
muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the body after
death due to the disappearance of Adenosine Triphosphate (ATP) from the muscle.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
- Involves all muscles the same time at the same rate.It appears first in the smallermuscles such
as the jaw and then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and 36
to 48 hours during summer in the same.

3. ALGOR MORTIS(Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under normal conditions
and assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting AlgorMortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2
days after death and then finally the dead body becomes skeletal remains in months considering the
factors that influence the rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours.
The maggots will feed vigorously on the damaged dead body, then transform into pupal stage and finally
into adult flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted or
coagulated in a slow process until 12 hours wherein the lividity is already fully developed.

7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

External post mortem appearances are very informative. The areas of the body showing lividity
indicate the position after death. Wounds and their appearance are particularly significant as they often
assist in reconstructing the circumstances of a crime, the nature of the murder weapon and the manner
of its use.
Defense wounds are the result of a person’s instinctive reaction of self-protection. It may be found
on the hand in the effort of the victim to grasp the wounding instrument or by raising the hand to protect
the vital parts of the body. Absence of defense wound does not eliminate the possibility that the victim
made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a. Contusion – an injury in the substance of the skin, discoloration of the surface due to
extravasation of blood. This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin brought
about by the friction against hard, rough object.
 d. Incised wound – produced by forcible contact on the body by sharp edge instrument.
e. Stab wound – produced by the forcible application and penetration of a sharp instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

1. Amount of hemorrhage
2. Size of the injury sustained
3. Organs and parts of the body involved
4. Mechanical effects on vital organs

Gunshot Wounds
All gunshot wounds result from the entry of a projectile into the body, and the frequent presence
of undispersed explosive gases. The relative size and appearance of the wound will be affected by the
distance from which the weapon was discharged. Generally, the closer the discharged to the skin, the
greater the damage. This damage is due to explosive gases which precede the projectile at close range.
In some investigations involving firearms, a determination of whether the death was a homicidal, suicide
or accidental is difficult. In making such determination, the distance of the discharge is of great
importance. Majority of suicidal and accidental gunshot cases, arm’s length discharges are involved.
Accordingly, if the wound indicates discharge beyond the victim’s length, homicide is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located in an area of
the body that is relatively inaccessible to the victim, homicide is indicated. It is also unusual for a suicide
wound to be inflicted in an area other than the head of chest. However,there have been a number of
suicide cases involving wounds in extremities. The presence or absence of a “suicide note” is a poor
indicator of suicide or homicide.

Two Types of Wounds:

1. entrance wound (POE)
2. exit wound (POX)

Determination whether the wound is suicidal, homicidal, or accidental

A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of burning, singeing and
tattooing of the area around the gunshot wound.
2. The presence of usually but one gunshot wound. In most cases, after a shot, especially at the
head, the victim can no longer voluntarily act to inflict another shot.
3. Portions of the body involved are those accessible to the hand of the victim utilized in committing
suicide, he will not think of the difficult way of ending his life unless he has the intention of
deceiving the investigators.
4. History of despondency, family problem which may cause him to commit suicide.
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses

C. Evidence to show that the wound is homicidal:

1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/ defense wound maybe present in the victim.
4. There maybe disturbance of the surrounding on the account of the previous struggle.
5. Wounding firearm is usually not found at the scene of the crime
6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1. Hanging – is a state of injury or death of the body whereby the ligature tightened around the neck by
the suspension of the body.

A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some
evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
 3. Evidence of movement of the rope on the beam or anchorage from upward and downward as
the body has been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.

2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck
and the two ends pulled in the opposite direction in such a manner that tightens the ligature. Ligature
used may be rope, chain, wires, vines, rolled clothing.
SUICIDES

Ways of Committing Suicide

1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning

ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes about through some
act of will, lies beyond the bounds of human forceable consequences.
How Accidental Deaths Occur
1. Examination of the body revealed marked tearing of the wearing apparel, burns of different
degrees on the skin surface, wounds of almost any description and almost the whole body is
affected by the injury.
2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to house, tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighborhood on account of extreme heat.

ELECTROCUTION
Accidental Electrocution
1. Presence of high voltage wire at the scene of death.
2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of electrocution.
4. Absence of evidence to show suicidal or homicidal.

ROBBERY INVESTIGATION

Article 293 – Robbery in General

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

Elements of Robbery
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

The malefactors shall enter the house or building in which the robbery was committed by any of
the following means:
1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
 6. By taking such furniture or objects away to be broken or forced open outside the place of
robbery.

General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
2. Professionals – are those person who worked as robbers as a trade making it their living and
having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:

1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the legal
owner, possession is sufficient. The property must be personal property and cannot refer
to real property.
b. Name of the real owner is not essential so long as the personal property taken does not
belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the same,
the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be presumed from the
unlawful taking of another’s property. However, when one takes a property under the
claim of ownership or title, the taking is not considered to be with intent to gain. (U.S. vs.
Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not upon the
thing.
i. General rule: violence or intimidation must be present before the “taking” is complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any of the
serious physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery
complex with any of this crime under ART. 294, even if taking is already complete when
violence was used by the offender.
j. Use of force upon thing – entrance to the building by means described and ART. 299 and
302 (Offender must enter). The other kind of robbery is one that is committed with the use
of force upon anything in order to take with intent to gain, the personal property of
another. The use force here must refer to the force employed upon things in order to gain
entrance into a building or a house. (People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery with
violence.

Robbery and Theft, compared.

a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of person or the
employment of force upon things; whereas in theft, the taking is done simply without the
knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the identification
and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
 k. Accumulate clues and traces at the scene of a crime which will serve to identify the offender.
l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (usually the addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property from its
receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing robbery.
o. Accumulate information on various types of robber, the known and newcomers whether they
are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.

Physical Evidence to be collected:

1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the trouser cuffs
and pockets of suspect. Samples of broken glass should be collected for possible future
comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool. Paint
samples should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or
its cargo, equipment or the personal belonging of its complements or passengers, irrespective of value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
persons, including a passengers or member of the compliments of said vessels in Philippine waters.

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

Anti-Cattlle Rustling Law of 1974 (P.D. 533)

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

Anti-fencing law of 1979 (P.D. 1612)

Fencing – is the act of any person, who, with intent to gain, for himself or for another shall buy,
possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items, objects, or
anything of value which he knows to have been derived from the proceeds of crime or robbery or theft.
Fence – includes any person, firm, organization, association or corporation or partnership and
other organization who/ which commits the act of fencing.
Article 267 – Kidnapping and Serious Illegal Detention

Elements:
1. That the offender is a private individual;
2. That the kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or detained of
threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.

The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person kidnapped or detained
or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above
mentioned were present in the commission of the offense.

Important factors in Kidnapping Cases:

1. The safe return of the victim
2. Identification and apprehension of the suspect

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.
2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I.
When a complaint is received, the family of the victim is requested to remain in touch to
accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call to anyone
except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid giving the
opinion as to ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives

Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify and apprehend the
suspects. Investigative procedure includes:
1. Thorough interview of the victim. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
 5. Determine whether the kidnapper is familiar with the victims, residential area, habits and
financial status.
6. If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced and dangerous
armed criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had been found
dead.
 CDI-4: ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME INVESTIGATION (PRC)

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

Concept of Organized Crime

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

WHAT IS ORGANIZED CRIME?

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

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

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

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

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

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

CHARACTERISTICS OF ORGANIZED CRIMES

- It is a conspiracy activity involving coordination of members.
- Economic gain is the primary goal.
- Economic goal is achieved through illegal means.
- Employs predatory tactics such as intimidation, violence and corruption.
 - 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.
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

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

It is a characteristic of traditional societies that centers on families, patrons and their 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
Pornography

3. BUSINESS and LABOR RACKETEERING

- Casino skimming
- Setting up monopolies in rigid market low tech industries.
- 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.

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:
(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).
 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 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
- lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.

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 person 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
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
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

- 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 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 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 effected 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 cyber crime 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 cyber crimes, thus the enactment of Republic Act 8792 otherwise known as the Electronic
Commerce Act.

RA 8792
- 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

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

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.

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)
- 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
- An Egyptian physician, Islamic theologian and current leader of al-Qaeda.

Hamas
- "enthusiasm“
- an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "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 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

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
- 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
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.

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 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.”
- 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.”
- 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
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, equipments or tools for the manufacture of
firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
- 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, equipments 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:
- 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

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

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.
 CDI-5: DRUG EDUCATION and VICE CONTROL

Drugs

- Any chemically active substance rendering a specific effect on the central nervous system of man.

- A chemical substance that affects the functions of living cells and alters body or mind processes when
taken into the body or applied through the skin.

- Is a chemical substance that brings about physical, emotional or behavioral change in a person taking
it.

- Any chemical substance, other than food, which is intended for used in the diagnosis, treatment, cure,
mitigation or prevention of disease or symptoms.

- The term drug derives from the 14th century French word drogue, which means a dry substance.

When are drugs harmful?

Any drug may be harmful when taken in:

- Excess;
- Dangerous combinations;
- By hypersensitive (allergic) person

Drug Abuse

- Is the overuse or consumption of drugs other than for medical reasons.

- Any non-medical use of drugs that cause physical, psychological, legal, economic, or social damage to
the user or to the people affected by the user’s behavior.
- Using drugs without prescription.
- Abuse of drugs and other substances can lead to physical and psychological dependence.

DRUGS COMMONLY ABUSED

1) STIMULANT
- Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying
sleep, also impale appetite and cause weight loss.

a) Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao

Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s

cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice.

- Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste.

b) Cocaine – an agent that produces a temporary increase of the functional activity or efficiency
of an Organism or any of its parts.

Street names – Coke, Snow, Flake, Bow

Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America.
This drug affects the central nervous system as a stimulant.
 -The name comes from "coca" and the alkaloid suffix -ine, forming cocaine. It is a stimulant,
an appetite suppressant, and a topical anesthetic.

2) Opiates/Narcotic

- Group of drugs that are used medically to relieve pain, but have a high potential for abuse.

-In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural
products in the opium poppy plant, Papaver somniferum.

Narcotic – substance that lessens pain and/or induces stupor.

a). Opium – is the dried latex obtained from the opium poppy (Papaver somniferum). Opium
contains up to 12% morphine, an alkaloid, which is frequently processed chemically to
produce heroin. The latex also includes codeine.

Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy
seeds are derived. Opium is the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine and noscapine. The Latin botanical name
means the "sleep-bringing poppy", referring to the sedative properties of some of these opiates.

b) Morphine – is a potent opiate analgesic drug that is used to relieve severe pain. It was first
isolated in 1804 by Friedrich Serturner, first distributed by him in 1817, and first commercially sold
by Merck in 1827.

- It took its name from the Greek god of dreams Morpheus.

-The most abundant alkaloid found in Opium, the dried sap (latex) derived from shallowly slicing
the unripe seedpods of the opium, or common and/or edible, poppy.

- Morphine can usually be found in tablet form, a syrup, injection or as a suppository form.

- Morphine is usually taken orally via a syrup, tablet or capsule, however, it can come in an
injectable form.

C) Heroin – is processed from morphine, a naturally occurring substance extracted from the seed
pod of certain varieties of poppy plants.

It is typically sold as a white or brownish powder or as the black sticky substance known on the
streets as "black tar heroin”.

3) Hallucinogens
- Drugs that are derived from plants chemical substances which affects the perception, sensation,
behavior and produces hallucination on the user.

Marijuana - is the term used to describe all the plant material like leaves, tops, stems, flowers
and roots from a cannabis plant (Cannabis sativa), dried and prepared for smoking or taken orally
as “brownies”.

-The mind altering component is the tetrahydrocannabinol; THC for short, which is
concentrated in the resin.

4) Depressants/Sedatives
- Drugs that have mild-calming or sleep-producing effect upon the central nervous system.
- e.g. Valium

5) Inhalants - drugs whose volatile vapors are taken in via the nose and trachea.

- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener

5) Opiates/Narcotics

Opiates, sometimes called narcotics, are a group of drugs that are used medically to relieve
pain, but have a high potential for abuse. Some opiates come from a resin taken from the
 seedpod of the Asian poppy. Opiates that are commonly abused are Opium, Morphine,
Codeine, and synthesized or manufactured opiates.

Opium - refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same.

OTHER DANGEROUS DRUGS

Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", "X-TC",

"Adam", "Eden Tablet", or by its any other name - refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form;

Sedatives - Sedative-hypnotics such as tranquilizers, sleeping pills, and sedatives are drugs,
which depress or slow down body functions. These drugs ca be dangerous when not taken
according to physician's instructions.

Ketamine - is an anesthetic that is abused for its hallucinogenic properties. Its predominant
legitimate use is as a veterinary anesthetic.

-can cause dream-like states and hallucinations. Users report sensations ranging from a pleasant
feeling of floating to being separated from their bodies. Some ketamine experiences involve a
terrifying feeling of almost complete sensory detachment that is likened to a near-death
experience.

Amphetamines
-is a psychostimulant drug of the phenethylamine class that produces
increased wakefulness and focus in association with decreased fatigue and appetite.

– Drug that is stimulant to the central nervous system. It is colorless and maybe inhaled, injected
or swallowed. It may be used medically to treat depression, and obesity.

ROUTES OF DRUG ADMINISTRATION

1) Oral Ingestion
- Taken by the mouth and must pass through the stomach before being absorbed in the
bloodstream.

2) Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the capillary system.

3) Injection
- Administered into the body by the use of a stringe or hypodhermic needle.

4) Snorting
- Inhalation through the nose of drugs in gaseous form.

5) Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips.

DEFINITION OF TERMS

DRUG
–Any substance that enters the human body and can change either the function or structure of the
human organism.

MEDICINES
– Drugs used in the diagnosis, cure, treatment, and prevention of disease or for the relief of pain or
discomfort.

THREAPEUTICS
-Use of drugs in treating and preventing disease and in preserving health.

DRUG ABUSE
-Deliberate or unintentional continuous of mind changing chemical substances usually for reasons other
than legitimate medical purposes, that results in any degree of physical, mental.

ABSTINENCE
- Cessation of use of a psycho-active substance previously abused, or on which the user developed drug
dependence.

DRUG DEPENDENCE
-Term relates to physical or psychological dependence or both.
- Impaired control over drug-taking behavior is implied.

DRUG ADDICT
- Person who is physically dependent on one or more psycho-active substances, or whose long term use
has produce tolerance, who has lost control over his intake, and would manifest withdrawal symptoms if
discontinuance were to occur.
DRUG ADDICTION
-A chronic disorder characterized by the compulsive use of a substance resulting in physical,
psychological, or social harm to the user and continued use despite of that harm.

OVERDOSE
- The inadvertent of deliberate consumption of much larger doses that the habitually used by the
individual in question and resulting in serious toxic reaction or death.

POLY DRUG ABUSE

- Use of two or more psycho-active substance in quantities and with frequencies that cause the individual
significant physiological, psychological, or sociological distress or impairment.

REHABILITATION
-Restoration of an optimum state of health by medical, physical, psychological, social and peer group
support for a chemically dependent person and his significant others.

TOLERANCE
-Physiological adaptation to the effects of drugs so as diminish the effects with constant dosages or to
maintain the intensity and duration of effects through increased dosage.

TREATMENT
-Application of planned procedures to identify and change patterns of behavior that are mal-adoptive,
destructive, health injuring or to restore appropriate levels of physical, psychological or social functioning.

CLANDESTINE LABORATORY
-Any facility used for the illegal manufacture of any dangerous drug.

CULTIVATE OR CULTURE
-Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant
which is source of a dangerous drug.

ADMINISTER
-Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means.

CHEMICAL DIVERSION
-Sale, distribution, supply or transport of legitimately imported, in transit, manufactured or procured
controlled precursors and essential chemicals.

DELIVER
-Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means,
with or without consideration.

DEN, DIVE, RESORT

-Place where any dangerous drug and essential chemical is administered, delivered, stored for illegal
purposes.

DRUG SYNDICATE
-Any organized group of two or more persons forming or joining together with the intention of committing
any offense prescribed in RA 9165.
PRACTITIONER
-Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.

ILLEGAL TRAFFICKING
-Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale trading,
transportation, distribution, importation, exportation and possession of any dangerous drugs.

PLANTING OF EVIDENCE
-Willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly
or indirectly, through any overt or covert act any dangerous drugs in the person, house, effects or in the
immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the
commission of any violation of RA 9165.

PUSHER
-Any person who sells, trades, administers, dispense, delivers or gives away to another, distributes,
dispatches in transit or transports dangerous drugs or who acts as a broker.

USE
-Any act of injecting, intravenously or intramuscularly, of consuming any dangerous drugs.

CONFINEMENT
- Refers to the residential treatment and rehabilitation of trainees, clients and patients in a center.

CONFIRMATORY TEST
- An analytical test using a device, tool or equipment with different chemical or physical principle that is
more specific which will validate and confirm the result of the screening test.

CONTROLLED DELIVERY
-The investigative technique of allowing an unlawful consignment of any dangerous drug, essential
chemical to pass into, through out of the country under the supervision of an authorized officer, with a
view to gathering evidence to identify any person involved in any dangerous drug related offense.

DISPENSE
-Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of
prescription.

DRUG DEPENDENT
-Refers to a person suffering from drug dependence.

FINANCIER
- Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under RA 9165.

INSTRUMENT
- Anything that is used or intended to be used, in any manner, in the commission of illegal drug trafficking
or related offenses.

LABORATORY
-Refers to the facility of a private or government agency that is capable of testing a specimen to
determine the presence of dangerous drugs

PROTECTOR/CODDLER
- Any person who knowingly and willfully consents to the unlawful acts provided in RA 9165 and uses
his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows or has reasonable grounds to believe on or suspects, has violated the provisions of
RA 9165 in order to prevent the arrest, prosecution and conviction of the violator.

SCREENING TEST
-A rapid test performed to establish potential/presumptive positive result.

TRADING
-Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices, or acting as a broker in any such transactions whether for
money or any other consideration.

THE PHILIPPINE ANTI DRUG EFFORTS

On February 16, 1972, Philippine Constabulary Anti Narcotics Unit was activated (CANU).

-On March 30, 1972, Republic Act 6425 otherwise known as the ‘Dangerous Drug Act of 1972” was
approved.

-This law created the Dangerous Drug Board as the policy-making and regulatory body on prevention
and control of drug abuse. RA 6425 serves as the backbone of the Philippine drug enforcement system.

-January 3, 1973, President Ferdinand E. Marcos ordered the immediate execution of Chinese national
Lim Seng alias Gan Sou So, top heroin trafficker in the Philippines, by firing squad at the Fort Bonifacio
grounds.

- The execution was aired live in television.

-CANU was renamed as AFP NARCOM on February 1, 1983

-AFP NARCOM functions were absorbed by PNP Narcotics Group in 1991

-PDEA was created upon enactment of RA 9165 in 2002

 Signed June 7, 2002
 Published June 19, 2002
 Took effect July 4, 2002

-Creation of The new Dangerous Drugs Board (DDB) as the policy and strategy formulating body.

-The Philippine Drug Enforcement Agency (PDEA) as its implementing arm.

-In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director General of PDEA.

-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director General vice Anselmo
Avenido.

-In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as PDEA Director General vice Gen.
Dionisio R. Santiago (Ret).

With the creation of PDEA….

-the secretariat of the National Drug Law Enforcement and Prevention Coordinating Center or DEP
Center has been absorbed by the new agency

…Narcotics Group of the PNP;

Narcotics Division of the NBI; and
Narcotics Interdiction Unit of the Bureau of Customs have been abolished

EXECUTIVE ORDER NO. 218

“Strengthening the support mechanism for the Philippine Drug Enforcement Agency”

-issued on June 18, 2003 by President Gloria Macapagal Arroyo.

-Creation of Task Forces: The Office of the President, the PNP, and other agencies which were
performing drug law enforcement and prevention function prior to the enactment of RA 9165 shall
organize anti-drug forces to support the PDEA.

-The PDEA shall exercise operational supervision and provide technical support to the main task
force created by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency

  Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on any dangerous drug
and/or controlled precursor and essential chemicals

-Serves as the implementing arm of the Dangerous Drug Board (DDB).

-Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided in RA 9165.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

-Headed by Director General with the rank of Undersecretary, appointed by the President.

-The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant
Secretary, 1 for Operations and 1 for Administration, also appointed by the President.

POWER AND DUTIES OF PDEA

-To cause the efficient and effective implementation of the national drug control strategy formulated by
the Dangerous Drugs Board;

- Undertake the enforcement of the provisions of Article II of RA 9165 relative to the unlawful acts and
penalties involving any dangerous drugs and/or controlled precursor and essential chemicals;

-Administer oath and issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of RA 9165;

-Arrest and apprehend as well as search all violators and seize or confiscate the effects or proceeds of
the crimes as provided by law;

-Take charge and have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement
agency;

-Establish a forensic laboratory in each PNP office in every province and city in order to facilitate action
on seized or confiscated drugs, thereby hastening their destruction without delay;

- Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations
found to be violating the provisions of RA 9165 and in accordance with the pertinent provisions of the
Anti-Money Laundering Act of 2001;

- Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws
n dangerous drugs, controlled precursors and essential chemicals, and other similar controlled
substances;

-Monitor, and if warranted by circumstances, in coordination with the Philippine Postal Office and the
Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office;

-Conduct eradication programs to destroy wild or illegally grown plants from which dangerous drugs may
be extracted;

-Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise
all activities against drug abuse in every province, city, municipality and barangay;

-Establish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agencies/offices and local government units that will assist in the
apprehension of big-time drug lords;

- Establish and maintain close coordination, operation and linkages with international drug control and
administration agencies and organizations;

-Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
transmit evidence to the proper court;

- Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit
a report to it;
- Coordinate with the DDB for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of RA 9165;

- Initiate and undertake a national campaign for drug prevention and control programs, where it may
enlist the assistance of any department, bureau, office, agency or instrumentality of the government,
including government-owned and/or controlled corporations; and

-Submit annual and periodic reports to the DDB from time to time and perform such other functions as
may be authorized of required under existing laws and as directed by the President.

DANGEROUS DRUG BOARD (DDB)

-Created by virtue of Republic Act 6425 otherwise known as Dangerous Drug Act of 1972
subsequently repealed by RA 9165.

-the policy-making & strategy-formulating body in the planning & formulation of policies & programs on
drug prevention & control.

-It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse
prevention and control strategy.
DANGEROUS DRUG BOARD (DDB)

-DDB composed of 17 members wherein 3 of which are permanent members, the other 12 members are
ex- officio capacity and 2 regular members.

THREE (3) PERMANENT MEMBERS

- At least 7 years of training and experience in the field of the ff: fields in law, medicine, criminology,
psychology or social work.

- Appointed by the president.

-One designated as the Chairman with the rank of Secretary (with the term of 6 years) and the two other
regular members as undersecretary (one with 4 years term and the other 2 years but succeeding
appointment will serve six years and until their successors shall have been duly appointed and qualified.

TWELVE (12) EX- OFFICIO MEMBERS

- Secretary or representative of the following Department:

- DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
- Chairman CHED, NYC
- Director General - PDEA

TWO (2) REGULAR MEMBERS

- President of Integrated Bar of the Philippines (IBP).

- Chairman or President of a non- government organization involved in dangerous drug campaign to be
appointed by the President.

The Director of NBI and Chief, PNP are the permanent consultant of the DDB.

DRUG MULES or “DRUG COURIERS”

-Are individuals who transport dangerous drugs in exchange for a huge amount of money, depending on
the amount of drugs to be delivered and the route/distance to be traveled.

-Women are usually targeted by syndicates since they generally generate mild suspicion from authorities
and the female body has more cavities possible to insert the drugs in, therefore posing less detection
risk.

Methods of Concealment

1. Hidden in luggage/suitcases;
2. Ingestion/Swallowing;
3. Placed in shoes;
4. Placed in bottom part of luggage;
5. Placed inside handbag;
6. Others- Undergoing minor operation, placing in shoeboxes/ books/bottles/parcels, etc.

Factors contributing to the drug courier problem

1. Filipinos are usually enticed by the offer because of the syndicates’ promise of love/marriage, as have
been recorded in several arrests involving Filipina drug couriers. Others are lured by the opportunity to
travel and the promise of a comfortable life while others want a high-paying job and easy money.

2. The drug courier problem can also be attributed to the (1) The prevalence of poverty, (2) Poor
educational background, (3) Easy money, (4) Unemployment and 95) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010 by virtue of Administrative
Order No. 279. It is an inter-agency team tasked in the deterrence, prevention and protection of Filipinos
from being victimized as drug couriers by international drug trafficking syndicates.

The Task Force is composed of 13 agencies, chaired by the Philippine Drug Enforcement Agency and
co-chaired by the Department of Foreign Affairs with the following agencies as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary

MODUS OPERANDI (MO)

Couriers are usually recruited by casual acquaintances they meet in key cities here or abroad, mostly
fellow Filipinos connected to drug syndicates like the African Drug Syndicate (ADS), offering plane
tickets, hotel accommodation and huge amounts of money.

In some instances, members of syndicates befriend/marry potential recruit then later turn him/her into a
courier or cohort. On the other hand, unwitting victims were duped by acquaintances into carrying
packages in exchange for money, not knowing that drugs were placed inside.

Couriers may also be recruited through the internet and social networking sites like Facebook, MySpace,
Tagged, etc. Syndicates also engage in travel & tours businesses/agencies to arrange airline and hotel
bookings of the couriers and use fraudulent documents/fake credit cards.

The ADS is believed to be behind the alarming increase of Filipino drug couriers arrested abroad. They
deliver drugs to their connections in different points around the world by employing drug couriers to
prevent the risk of getting caught themselves. They also use Filipinos as cohorts to recruit fellow OFWs.

The ADS is an international syndicate involved in drug trafficking and cyber crimes.

They use stolen and/or falsified documents to go about with their transaction (i.e. purchase of plane
tickets, hotel bookings) and usually communicate with their cohorts thru phone or the internet.

Members are proficient in English and well-versed, very persistent and are generally friendly which
makes them recruit potential victims easily.

National Anti-Drug Strategy & 4 Pillars of Anti-Drug Campaign

THE FOUR PILLARS OF ANTI-DRUG CAMPAIGN

1. Drug Supply Reduction Drive

  Reduce the supply of drugs
 Drive the prices high and create acute shortage of drugs
 Neutralize sources of drugs

2. Drug Demand Reduction Drive

 Reduce the demand side of the drug chain
 Concentrates on anti-drug advocacy efforts – public information and treatment and rehabilitation
 Targets non-users, casual drug users and addicts/recovering persons

3. Alternative Development/Reform Programs

 Development/livelihood program
 Education program
 Family solidarity/development program
 Good governance program
 Legal reforms

4. International Cooperation
 Neutralize transnational drug syndicates
 Minimize drug trafficking to and from the country
 Exchange of information and technologies
 Multilateral, regional, sub-regional and bilateral assistance and cooperation

REPUBLIC ACT 9165

Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002

UNLAWFUL ACTS AND PENALTIES UNDER RA 9165

Section 4. Importation of Dangerous Drugs

Penalty:
Life Imprisonment and fine of Five Hundred Thousand pesos (P500,000.00) to Ten Million Pesos
(P10,000,000.00).

Importation of any Controlled precursor and essential chemicals

Penalty:

Imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One Hundred Thousand pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00)

Sec 4"protector/coddler" of any violator of the provisions under this Section.

penalty

-twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

of Dangerous Drugs
Penalty

-life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

Section 6. Maintenance of a Den, Dive or Resort involving dangerous drugs

penalty

–life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or
resort where any controlled precursor and essential chemical is used or sold in any form.

Section 7 Employees and Visitors of a Den, Dive or Resort

12 years and 1 day to 20 years (100,000.00 to 500,000.00).

- (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

- (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same.

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals

- Penalty for Manufacture of Dangerous drugs- life imprisonment and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

- Penalty for manufacture any controlled precursor and essential chemical - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Note:
- The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.

Sec 11. Possession of Dangerous Drugs

- Possession of Dangerous Drugs regardless of purity- penalty provided life imprisonment and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or oil,
and other dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana

Penalty-Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php 400,000.00
to Php 500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams

Penalty- imprisonment of 12 years and 1 day to 20 years and a fine ranging from Php 300,000.00 to Php
400,000.00

-If the quantity of dangerous drugs are less than 5 grams.

- If the quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs

Penalty

-A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months but not exceeds one year
rehabilitation in a government center for the first offense.

- If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions
stated therein shall apply.

Sec 16. Cultivation of plants classified as source of dangerous drugs

Penalty

- Life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)
Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from P100,000.00 to
P500,000.00 shall be imposed upon any person, who acts as a “protector/coddler of any violator of the
provisions of Sec. 16…..

Section 18. Unnecessary Prescription of Dangerous Drugs. –

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00)

and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

– The penalty of life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall make or issue a prescription or any other writing purporting to be a prescription for any
dangerous drug.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following
manner:

The apprehending team having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory and photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy thereof;

-Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and
quantitative examination;

- A certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject
item/s.
- That a final certification shall be issued on the completed forensic laboratory examination on the same
within the next twenty-four (24) hours

After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through
the PDEA shall:

within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ, civil society groups and
any elected public official

Section 23. Plea-Bargaining Provision.

– Any person charged under any provision of this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining .

Section 28 – Criminal Liability of Government Officials and Employees.

- The maximum penalties of the unlawful acts provided in the Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are
government officials and employees.

Section 29. Criminal Liability for Planting of Evidence

– Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the maximum penalty.

Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to
the Board or for treatment and rehabilitation of the drug dependency. The Board shall bring forth the
matter to the Court which shall order that the applicant be examined for drug dependency.

If the examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6) months.

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program.

-Upon certification of the Center that the drug dependent within the voluntary submission program may
be temporarily released, the Court shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may impose.

Dangerous Drug Test Requirements

The following shall undergo mandatory drug testing:
1. applicants for drivers license
2. applicants for Firearms license & PTCFOR
3. members of the PNP, AFP, & other LEA
4. All persons charged with criminal offense with penalty of not less than 6 years.
5. All candidates for public office national/ local

The following shall undergo random drug testing:

1.students of secondary and tertiary schools;

2. officers and employees of public & private offices.

SUPREME COURT DECISIONS

………………The Philippines Supreme Court upheld mandatory, random, suspicionless drug testing of
workers and high school and college students, but struck down as unconstitutional provisions of the
Comprehensive Dangerous Drugs Act of 2002 that required drug tests for candidates for political office or
those charged with criminal offenses.

…………………the court noted that the law says the random drug testing of employees "shall be
undertaken under conditions calculated to protect as much as possible the employee's privacy and
dignity," and that employers are not required to report positive test results to prosecutors. It also found
that "the intrusion into the employee's privacy... is accompanied by proper safeguards, particularly
against embarrassing leakages of test results, and is relatively minimal."

……………….In the case of students, the high court found that drug testing was not only constitutional,
but perhaps even necessary. It noted the presence of drugs in the country "that threatens the well-being
of the people, particularly the youth and school children who usually end up as victims.

………………….Candidates for political office, however, may not be subjected to drug tests as condition
of candidacy, the court held. The drug law's provisions requiring testing of candidates unconstitutionally
added to the constitution's provisions defining the qualification or eligibility of candidates

……….The court was equally kind to people charged with criminal offenses, holding that they cannot be
drug tested because they might incriminate themselves and because drug testing in their cases would
not be random or suspicionless. "To impose mandatory drug testing on the accused is a blatant attempt
to harness a medical test as a tool for criminal prosecution, contrary to the objectives of RA 9165 [the
drug testing law]. Drug testing in this case would violate a person's right to privacy guaranteed under
Section 2, Article III of the Constitution. Worse still, the accused persons are veritably forced to
incriminate themselves

Responsibility and liability of law enforcement agencies in testifying as Prosecution Witness in

Dangerous Drug Cases
- Penalty- 12 years and 1 day to 20 years and a fine of not less than Php 500,000.00 in addition to the
administrative liability.
- For any members of law enforcement agency who, after due notice, fails or refuses intentionally or
negligently to appear as a witness for prosecution.

Section 92. Delay and Bungling in the Prosecution of Drug Cases

– Any government officer or employee tasked with the prosecution of drug-related cases under this act,
who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to
his/her prosecution under the pertinent provisions of the Revised Penal Code.

Non-applicability of the Probation Law for Drug Traffickers and Pushers. – cannot avail of the
privilege granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003

Adopting Salient Provisions of PDEA Memorandum on the preparation of pre-operation report
and PNP-AIDSOTF Memorandum Circular in the conduct of Anti-Illegal Drugs Operations.

Pre-Operations

-Operating Unit to submit to PDEA, the pre-operations report, indicating details such identity, area of
operation, composition, tactics and equipment of the operating unit and duration of the operation. Also
includes the information on the suspect/s.

-Certification of Coordination – prepared by PDEA given to the operating unit which submitted a pre-
operations report.

Exemption of submission of Pre Operations Report:

1. In remote places where coordination is not possible;
2. When coordination will compromise the lives of police operatives, informant and witnesses, involved in
anti-drug operations;
3. When coordination will prejudice the apprehension of drug suspects and confiscation of dangerous
drugs;
4. When prior coordination will compromise the entire police operation.
(In above instances, post coordination shall be made in lieu of prior coordination).

Signatories to the Pre-Operation Report

- signed by the Team Leader.

Conduct of Operation
- Team shall be led by a police commissioned officers except in far flung areas where there are no
assigned PCOs.
- To have at least 1 female member operative who shall be responsible for arresting and frisking female
suspects and for taking custody of children found in the place of operation.

VICES
Vice – is any immoral conduct or habit, the indulgence of which leads to depravity, wickedness and
corruption of the minds and the body.

Different Forms of Vices:

1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling

ALCOHOLIC
-A person who has experienced physical, psychological, social or occupational impairment as
consequence of habitual, excessive consumption of alcohol.

ALCOHOL ABUSE
-Use of ethyl alcohol or liquor in a quantity and with a frequency that causes the individual significant
physiological, psychological, or sociological distress or impairment.

ALCOHOLIC DEPENDENCE
-A chronic lost of control over the consumption of alcoholic beverages despite obvious psychological or
physical harm to the person. Increasing amount are required overtime and abrupt discontinuance may
precipitate a withdrawal symptoms.

ALCOHOLIC LIQUOR
-Any beverages or compound, whether distilled, fermented, or otherwise, which will produce intoxication
or which contains in excess of one percent of alcohol and used as a beverage.

DRUNKARD
- A person who habitually takes or use any intoxicating alcohol liquor and while under the influence of
such, or in consequence of the effect thereof, is either dangerous to himself or to others.

ALCOHOLISM – which is also known as “Alcohol Dependence Syndrome” is a disease characterized by

the following:
a) Craving – strong need or compulsion to drink
b) Loss of Control – frequent inability to stop drinking once a person has begun to drink.
c) Physical Dependence – The occurrence of withdrawal symptoms, such as shakiness and anxiety
when alcohol use is stopped.

SOME PROBLEMS ARISING FROM ALCOHOLISM

a) Loss of employment which can lead to financial problems;
b) Marital Conflict and contribute to domestic violence;
c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public
disorder (Alarm and Scandal).

DRUNKNESS AS A CRIME
-In the Philippines, drunkenness in itself is not a crime because a person may drink to excess in the
privacy of his home or in the party and commit no crime at all.

-It is only when a drunken person exhibits his condition publicly, or disturbs, endangers, or injured others,
that he became an offender and therefore, subject to arrest and punishment.

-Before and during elections, it is unlawful to sell or drink intoxicating liquor, as provided in the election
law.
-Under RA 4136, as amended, driving under the influence of liquor is prohibited.

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative

Circumstances.

- It is considered a mitigating circumstance when the offender has committed a felony in a state of
intoxication, if the same is not habitual.

- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

PROSTITUTION

-act or practice of providing sexual services to another person in return for payment.

-is the exchange of money for the performance of sexual act.

PROSTITUTE
-Customarily used, to refer to a female person who engages in sex in exchange for money as profession.

PHILANDERING
-Is having casual/illicit sex with a number of people.

-It usually refers to men, and often in the context of cheating on a wife or girlfriend.
TO PHILANDER
-Is to carry on romantic and/or sexual affairs outside a committed relationship

PHILANDER
-Is a serial cheater who betrays his spouse or long term partner repeatedly;

-The term usually refers to men (obviously, women have also been known to carry on affairs).

VAGRANTS AND PROSTITUTES (under RPC)

-Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling.

-Any person found loitering about public or semi-public building or places, or tramping or wandering
about the country or to the streets without visible means of support.

-Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those who habitually
associate with prostitutes.

PROSTITUTES –
women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Republic Act No. 10158

Sgned last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from
the country's list of crimes amid concerns it only targets the poor and the disadvantaged.

Although the poor or homeless people can no longer be hauled to jail for vagrancy, the new law
continued to penalize women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual
intercourse or lascivious conduct."

A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not
exceeding P200.

In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in
its minimum period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all persons
serving sentence for violating the vagrancy law shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

RA 7610, as amended, (Special Protection of children against child abuse, exploitation and
discrimination Act)

- Penalize those who engage in or promote, facilitate or induce child prostitution, who commit the act
of sexual intercourse or lascivious conduct with a child exploited in prostitution and who derived
profit on advantage therefrom, whether as a manager or owner of the establishment.

-penalty of reclusion temporal in its medium period to reclusion perpetua

GAMBLING

GAMBLING
-Wagering of money or something of material value on an event with an uncertain outcome with the
primary intent of winning additional money and/or material goods.

ILLEGAL NUMBERS GAME

-Any form of illegal gambling activity which uses numbers or combination as factors in giving out
jackpots.
JUETENG
-Illegal numbers game that involves the combination of numbers as a form of local lottery where bets are
placed and accepted per combination .

MASIAO
-Illegal numbers game where the winning combination is derived from the results of the last game of Jai
Alai or the Special Llave portion

LAST TWO
-Illegal numbers game where the winning combination is derived from the last two numbers of the first
prize of the winning Sweepstakes ticket.

BETTOR (Mananaya)
-Any person, who places bets for himself/herself or in behalf of another person, other than the personnel
or staff of any illegal numbers game operation.

COLLECTOR or AGENT (Cabo, Cobrador)

-Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers
game who is usually in possession of gambling paraphernalia

MAINTAINER, MANAGER OR OPERATOR

-Any person who maintains, manages, or operates any illegal number game in a specific area.

FINANCIERS OR CAPITALIST
-Any person who finances the operations of any illegal numbers game.
PROTECTOR OR CODDLER

-Any person who lends or provides protection, or receives benefits in any manner in the operation of any
illegal numbers game.

RELATED LAWS ON GAMBLING

- Article 195 of RPC. Acts punishable in gambling – any person directly or indirectly take part in any
game of Monte, jueteng, other form of lottery, policy, banking or percentage game, dog races or any
other game the result of which depends wholly upon a chance wherein wagers consisting of money,
articles of value, or representative of value are made.

Article 195 of RPC. (Penalty)

-The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the
penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos,

- The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer,
conductor, or banker in a game of jueteng or any similar game.

Article 196 (RPC). Penalizing any person who shall import into the Philippine Islands from any
foreign place or port any lottery ticket or advertisement, or in connivance with the importer, shall sell or
distribute the same.

-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court

Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any
object or article of value or representative of value upon the result of any boxing or other sports contest.

-The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races

– Penalizing any person who, except during the periods allowed by law, shall bet on horse races.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 199 (RPC). Illegal cockfighting –

Penalizing any person who directly or indirectly participates in cockfights, at a place other than a licensed
cockpit.
- The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court

RA 3063 – Approved June 17, 1961

authorizing licensed race tracks and racing clubs and their authorized agent to offer, take or arrange bets
outside the place, enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not more than two thousand pesos or by
imprisonment for not less than one month or more than six months, or both, in the discretion of the court.
If the offender is a partnership, corporation or association, the criminal liability shall devolve upon its
president, director, or any other official responsible for the violation.

PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents.
Approved on June 13, 1974.

PD 1602 – Approved June 11, 1978.

prescribing stiffer penalties on illegal gambling.

RA 9287 – Approved 2, 2004

An Act increasing the penalties for illegal numbers games, amending certain provisions of P.D. 1602,
and for other purposes.

CDI-6: FIRE TECHNOLOGY AND ARSON INVESTIGATION

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

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

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
- anything that will burn when heated with sufficient oxygen

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

TRIANGLE OF FIRE
For many years, the fire triangle (oxygen, fuel and heat) was taught as the components of fire.
While this simple example is useful, it is NOT technically correct.

TETRAHEDRON OF FIRE
- a geometric representation of what is required for fire to exist, namely, fuel, an oxidizing agent,
heat, and an uninhibited chemical reaction

FIRE TETRAHEDRON

- Oxygen (oxidizing agent)

- Fuel
- Heat
- Self-sustained chemical reaction
 Each component of the tetrahedron must be in place for combustion to occur. Remove
one of the four components and combustion will not occur. If ignition has already occurred, the
fire is extinguished when one of the components is removed from the reaction.

OXYGEN (Oxidizing Agent)

- a colorless, odorless gas and one of the compositions of air which is approximately 21% percent
by volume
-
Oxygen sources: Oxygen requirements:
1. 21% of normal oxygen 1. 12% no fire
2. 78% nitrogen 2. 14% flash point
3. 1% other gases 3. 21% fire point

FUEL
- the material or substance being oxidized or burned in the combustion process.

Fuel sources
1. Solid
- molecules are closely packed together
2. Liquid
- molecules are loosely packed
3. Gas
- molecules are free to move

HEAT
- the energy component of the fire tetrahedron
- when heat comes into contact with a fuel, the energy supports the combustion reaction
- heat energy is measured in units of Joules (J), however it can also be measured in Calories (1
Calorie = 4.184 J) and BTU's (1 BTU = 1055 J)

TEMPERATURE
- a measure of the degree of molecular activity of a material compared to a reference point
- a measure of the degree of molecular activity of a material compared to a reference point
- measured in degrees Farenheit or degrees Celsius

ºC ºF Response
37 98.6 Normal human oral/body temperature
44 111 Human skin begins to feel pain
48 118 Human skin receives a first degree burn injury
55 131 Human skin receives a second degree burn injury
62 140 A phase where burned human tissue becomes numb
72 162 Human skin is instantly destroyed
100 212 Water boils and produces steam
140 284 Glass transition temperature of polycarbonate
230 446 Melting temperature of polycarbonate
250 482 Charring of natural cotton begins
300 572 Charring of modern protective clothing fabrics begins
600 1112 Temperatures inside a post-flashover room fire

Types of Energy (common sources of heat)

1. Chemical Energy
2. Electrical Energy
3. Nuclear Energy
4. Mechanical Energy

CHEMICAL ENERGY
- the most common source of heat in combustion reactions

When any combustible is in contact with oxygen, oxidation occurs. The reaction of this
process results in the production of heat.
ex. Heat generated from burning match, self heating (spontaneous heating)

ELECTRICAL ENERGY
- can generate temperature high enough to ignite any combustible material near the heated area
 Examples:
1. over current or overload
2. arcing
3. sparking
4. static
5. lightning

NUCLEAR ENERGY
- generated when atoms either split apart (fission) or combine (fusion)
Ex.
1. fission heats water to drive steam turbines and produce electricity
2. solar energy is a product of a fusion reaction

MECHANICAL ENERGY
- an energy created by friction and compression

1) Heat of friction - the movement of two surfaces against each other, thus producing sparks
2) Heat of compression - heat is generated when a gas is compressed in a container or cylinder

SELF-SUSTAINED CHEMICAL REACTION

Combustion is a complex reaction that requires a fuel (in the gaseous or vapor state), an oxidizer,
and heat energy to come together in a very specific way. Once flaming combustion or fire occurs, it can
only continue when enough heat energy is produced to cause the continued development of fuel vapors
or gases. Scientists call this type of reaction a “chain reaction”.
A chain reaction is a series of reactions that occur in sequence with the result of each individual
reaction being added to the rest.

FIRE DEVELOPMENT

When the four components of the fire tetrahedron come together, ignition occurs. For a fire to
grow beyond the first material ignited, heat must be transmitted beyond the first material to additional fuel
packages.

Stages of Fire
- Ignition
- Growth
- Flashover
- Fully-developed
- Decay

IGNITION
- describes the period when the four elements of the fire tetrahedron come together and
combustion begins

GROWTH
- shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops, it
begins to draw or entrain air from the surrounding space into the column.

FLASHOVER
- the transition between the growth and the fully developed fire stages and is not a specific event
such as ignition. During flashover, conditions in the compartment change very rapidly as the fire
changes from one that is dominated by the burning of the materials first ignited to one that
involves all of the exposed combustible surfaces within the compartment.

FULLY-DEVELOPED
- occurs when all combustible materials in the compartment are involved in the fire

DECAY
- as the fire consumes the available fuel in the compartment, the rate of heat released begins to
decline.

THREE (3) STAGES OF FIRE

1. Incipient phase
2. Free burning phase
 3. Smoldering

1. INCIPIENT STAGE
- initial stage of fire

Characteristics
- normal room temperature
- oxygen plentiful
- thermal updraft rise accumulates at higher point
- temperature at 1000 F
- Producing C02, CO, SO2, water and other gases

2. FREE BURNING PHASE

- a phase of burning in which materials or structures are burning in the presence of
adequate oxygen

Characteristics
- fire has involved more fuel
- oxygen supply has depleted
- heat accumulates at upper area
- temperature exceeds 1,330 F
- area is fully involved

3. SMOLDERING PHASE
- final phase of burning wherein flame ceases but dense smoke and heat completely fill the
confined room
MODES OF HEAT TRANSFER

Heat is by-product of combustion that is of significant importance to the firefighter. It is heat that
causes fire to sustain its combustion and, more important, to extend. When heat given off as a product of
combustion is exposed to an unheated substance, certain changes occur that can make the new
substance a contributing factor in extending a fire.

CONDUCTION
- heat transfer within solids or between contacting solids

When a hot object transfers its heat, conduction has taken place. The transfer could be to another
object or to another portion of the same object. As we have discovered and will be constantly reinforced
about, combustion occurs on the molecular level. When an object heats up, the atoms become agitated
and begin to collide with one another. A chain reaction of molecules and atoms, like wave energy, occurs
and causes the agitated molecules to pass the heat energy to areas of non-heat.

CONVECTION
- heat transfer by the movement of liquids or gasses

Air that is hotter than its surroundings rises. Air that is cooler than its surroundings sinks. Air is
made up of many molecules floating about freely. Even so, it still has weight. Some molecules are made
up of the same element. For example, oxygen in its natural state will combine with another oxygen atom
to form a stable oxygen molecule. In a given volume, air at a given temperature will have the same
density. When heated, as in conduction theory, the molecules become agitated and begin to collide with
one another. In the process, the molecules are demanding more space to accommodate the vibrations
and they push into one another as they seek that space. When that happens, the density of a given
volume is reduced and it weighs less. Because it weighs less, it rises until it reaches equilibrium-the level
at which the weight is the same as the surrounding atmosphere.

RADIATION
- heat transfer by electromagnetic waves

The last form of heat transfer occurs by radiation. As we have already seen, heat energy can be
transmitted directly when molecules collide with one another and cause the waves of heat energy to
travel.

FLAME CONTACT
- heat may be conducted from one body to another by direct flame contact
PROPERTIES OF FIRE
1. Physical properties
2. Chemical Properties

1. PHYSICAL PROPERTIES
a. Specific gravity
- the ratio of the weight of a solid or substance to the weight of an equal volume of water
b. Vapor density
- the weight of volume of pure gas compared to weight of a volume of dry air at the same
temperature and pressure
c. Vapor pressure
- the force exerted by the molecules on the surface of the liquid at the equilibrium
d. Temperature
- the measure of the thermal degree of the agitation of molecules of a given substance; the
measure of the molecular activity within the substance
e. Boiling Point
- the constant temperature at which the vapor pressure of the liquid is equal to the
atmospheric pressure
f. Ignition temperature
- the minimum temperature to which the substance in the air must be heated in order to
initiate or cause self-contained combustion without addition of heat from outside sources
g. Fire point
- the temperature at which the material will give off ample vapors to keep burning
h. Flash point
- the temperature at which the material is not hot enough to keep burning, but still gives off
enough vapors to cause a flame across the surface
2. CHEMICAL PROPERTIES
a. Endothermic reaction
- are changes whereby energy is absorbed or is added before the reaction takes place
b. Exothermic reaction
- reactions or changes that releases or give off energy
c. Oxidation
- a chemical change in which combustible material and an oxidizing material react
d. Combustion or flame
- the manifestation of fire is in its gas-phased combustion; matter that is produced by fire.

Material Ignition Temperature

F C
Gasoline 536 280
Kerosene 410 210
Turpentine 488 253
Paper 842 450
Wood 489 254
Coal 750 400

CLASSIFICATIONS OF FIRE

I. BASED ON CAUSE
a. Natural fire/ providential
b. Accidental fire
c. Intentional Fire/Incendiary
d. Undetermined

A. NATURAL FIRE
- involves fires without direct human intervention
Examples:
- Earthquake
- Typhoon
- Lightning
- Spontaneous combustion arising from the storage of combustible materials in poorly
ventilated places
- Explosion from petroleum products, alcohol and other substances
- Sun rays focused on glasses which may serve as a convex lens

B. ACCIDENTAL FIRE
 - Carelessly discarded cigarettes
- Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
- Overheating, spark and electrical defects
- Overload electric circuits/ Octopus connections
- Children playing matches
- Use of candles

C. INCENDIARY FIRE
- is one deliberately set under circumstances in which the person knows that the fire should
not be set

D. UNDETERMINED FIRE CAUSE

- whenever the cause cannot be proven, the proper classification is undetermined

II. BASED ON BURNING FUEL

CLASS A
- ordinary solid materials such as wood, paper, fabrics, etc.
- this will be indicated by deep cited fire, leaves ashes and embers (glowing coals) after burning

CLASS B
- flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.

CLASS C
- electrical appliances; causes electric shock

CLASS D
- metal fire such as magnesium (white element burning with dazzling light), sodium (a silver white
metallic element), etc.; creates violent reaction

CLASS E
- flammable gases such as LPG, LNG, etc.; also creates violent reaction

Fire Classes in the United Kingdom and Europe

A – ordinary combustibles
B – flammable or flammable liquids
C – flammable gasses
D – combustible metals
E – (this class is no longer existing in Europe)
F – cooking oils and fats

Fire Classes in Australia and Asia

A – everyday combustibles
B – combustible or combustible liquids
C – combustible gasses
D – combustible metals
E – electrical equipment
F – cooking fats and oils

Fire Classes in the U.S.A. (NFPA)

A – regular combustibles
B – flammable liquids and gasses
C – electrical appliances
D – combustible metals
K – cooking oils and fats

FIRE EXTINGUISHMENT

EXTINGUISHING AGENT
1. Class A – water (all agents)
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water, soda acid and foam)
4. Class D – special powder
5. Class E – all agents
METHODS OF EXTINGUISHMENT
1. COOLING – heat absorption.
2. SEPARATION – the removal of the fuel.
3. SMOTHERING – by expelling oxygen
4. Inhibition or the interruption of chemical chain reaction

Strategies Used in Firefighting:

1. Locate the fire
2. Confine the fire
3. Extinguish the fire
4. Exposures

Factors to Consider in Extinguishment:

1. Time
2. Weather (temperature, humidity, wind)
3. Fire ( ex. Extent, location, bldg construction, contents involved)
4. Occupancy
5. Ventilation (used for clearing the bldg of smoke and gases)

Types of Ventilation:
a. Vertical ventilation - must be worked from the top to bottom
b. Cross or horizontal ventilation - used if gases have not reached the higher level through the
opening of windows
c. Mechanical force ventilation - a method whereby a device such as smoke ejector is utilized to
remove faster excessive heat and dense smoke

Factors to determine the location for the opening:

1. Location of intensity of fire
2. Highest point on the roof
3. Direction of wind
4. Existing exposure
5. Extent of fire
6. Obstruction

ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE

1. RESCUE - any action taken by the firefighters to remove occupants/ persons from building/
hazards to a safety place
2. OVERHAUL - a complete and detailed checked of the structures and materials involved in the fire
to make sure that every spark and ember has been extinguished and to have assurance against
re-ignition
3. SALVAGE - an action taken by the firefighters in preventing excessive damage by fire, water with
the use of salvage cover or by removing materials out from the burning building

Types of ladder
1. Ground ladders (10 to 55 ft. long)
2. Aerial ladders

Purposes of ladders
a. for rescue
b. to stretch line into a fire building
c. to provide ventilation by giving access to places that are hard to reach

Forms of ground ladders

a. Wall
b. Extension
c. Hook or straight ladder
d. Attic ladder

LADDER TERMINOLOGY
1. Bed ladder - the lowest section of an extension ladder
2. Fly ladder - the top section of an extension ladder
3. Butt - the bottom end of a ladder
4. Heel - the part of the ladder that touches the ground
5. Halyard - a rope or cable used to raised the fly ladder
 6. Pawl or dog - the mechanism located at the end of the fly ladder that locks to the bed ladder
7. Rung - the cross member of the ladder that is used for climbing
8. Top or tip - it is the top part of the ladder
9. Hooks - part of a ladder that is used to hook over a roof peak, sills, or walls where the heel does
not rest on a foundation. (roof type ladders)
10. Stops - made of metal or wood blocks used to prevent the fly of an extension ladder from
extending out further from the ladder
11. Guides - light metal strips of an extension ladder that guides the fly ladder while it is being raised
or lowered

ARSON INVESTIGATIVE GUIDE AND PROCEDURES

ARSON
- the willful and malicious burning of all kinds of buildings and structures including personal
properties

INVESTIGATION
- an art that deals with the identity and location of the offender and provides evidence of his guilt in
criminal proceedings

ELEMENTS OF ARSON
1. Actual burning took place
2. Actual burning is done with malicious intent
3. The actual burning is done by person(s) legally and criminally liable

LAW AND JURISPRUDENCE

The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal Code,
as amended by PD No. 1613, PD No. 1744, and Sec. 50 Rule VIII IRR of RA 6975 which provides that
the Bureau of Fire Protection (BFP) shall have the power to investigate all causes of fires and, if
necessary, file the proper complaint with the City/Provincial prosecutor who has jurisdiction over arson
cases.

LAWS ON ARSON
1. Article 320 – 326 of the Revised Penal Code
- defines arson, its forms and penalties
2. PD 1613 – the law amending the law on arson
- defining the prima facie evidence of arson

3. RA 7659
- An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that purpose
the Revised Penal Code as amended, other special laws, and for other purposes
4. RA 6975 Sec. 54
- provides that the Fire Bureau shall have the power to investigate all causes of fires and if
necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over
the case

What Constitutes Arson?

1. Burning
2. Willfulness – means intentional and implies that the act was done purposely and intentionally
3. Malice – denotes hatred or ill will or a desire for revenge; deliberate intention of doing unjustified
harm for the satisfaction of doing it
4. Motive – the moving cause which induces the commission of a crime; something that leads or
influences a person to do something
5. Intent – the purpose or design with which the act is done and involves the will; an essential
element of crime, motive is not

Why is arson very hard to investigate?

Arson is one of the most difficult offenses to investigate because the arsonist can be able to set a
fire and escape undetected. The fire can consume the scene and destroy much physical evidence of the
offense. Harder forms of evidence are often buried in debris and grossly altered in appearance.

What Constitutes Burning?

 The mere fact that a building is scorched or discolored by heat is not sufficient nor will bare
intention or even an attempt to burn a house amount to arson, if no part of it is burned.
  Yet, if there is actual ignition of any part of the building, arson is committed, although there be no
flame or the fire immediately goes out of itself.
 To burn means to consume by fire and in the case of arson, if the wood is blackened but no fibers
are wasted, there is no burning, yet the wood need not be in flame or blaze, and the burning of
any part, however, small is sufficient to constitute arson, and if the house is charred in a single
place so as to destroy the fibers of the wood, it is sufficient to constitute arson.

What is Attempted Arson?

 In attempted arson, it is not necessary that there be a fire before the crime is committed. No hard
and fast rule is laid down by the law as to the requirements for attempted arson. The peculiar
facts and circumstances of a particular case should carry more weight in the decision of the case.
Thus, a person intending to burn a wooden structure, collects some rags, soaks them in gasoline
and places them beside the wooden wall of the building. When he is about to light a match to set
fire to the rags, he is discovered by another who chases him away.

 The crime committed is attempted arson, because the offender begins the commission of the
crime directly by overacts (placing the rags soaked in gasoline beside the wooden wall of the
building and lighting a match) but he does not perform all the acts of execution (the setting of the
fire to the rags) due to the timely intervention of another who chases away) the offender.

What is Frustrated Arson?

 In frustrated arson, the fact of having set fire to some rags and jute sacks soaked in kerosene oil
and placed near the partition of the entire soil of an inhabited house, should not be qualified as a
consummated arson, in as much as no part of the house had begun to burn, although fire would
have started in the said partition had it not been extinguished on time. The crime committed was
frustrated arson.

What is Consummated Arson?

 The offender did in fact set fire to the roof of the house and said house was partially burned. The
crime was consummated arson, notwithstanding the fact that the fire afterwards extinguished for
once it has been started, the consummation of the crime of arson does not depend upon the
extent of the damage caused.
 Setting fire to the contents of a building constitutes the consummated crime of setting fire to a
building even if no part of the building was burned.

Basis of Liability in Arson:

1. Kind and character of the building, whether of public or private ownership.
2. Its location, whether in an uninhabited place or in a populated place.
3. Extent of damage caused; and
4. The fact of its being inhabited or not.

Some of the Arson Evidence that the Investigator should seek at the Fire scene are the following:
1. Unusually rapid spread of the fire.
2. Where it originated?
3. Separate fires – when two or more separate fires break-out within a building, the fire is certainly
suspicious.
4. Unusual odors – the odor of gasoline, alcohol, kerosene and other inflammable liquids are
indicated by their characteristics and oftentimes, arsonists are trapped because of this tell tale
signs.
5. Objects that appear to be foreign to the scene such as cans, candles, matches, explosives,
electrical appliances such as irons, heating elements, clocks, radios, flammables, trailers, etc.
6. Charring pattern may indicate fire characteristics. The fact that the fire feeds on combustible while
propagating itself, indicates that the char will generally be deepest from where the fire originates.
When a fire is extinguished quickly, the charring is only slightly below the surface. Fire burning for
a longer period of time will indicate a char that is deep and pronounced. These facts are most
apparent in the charring of wood as a fire burns. The charring from fire on woods looks like the
hide of a black alligator. Fire extinguished quickly on wood will show a large alligatoring pattern
that has not penetrate the wood to any extent. Fire burning for a long period of time on wood will
show small alligatoring pattern but the char will go deep into the wood. The direction of fire can
also be taken into consideration with charring. The exposed side of combustible will have a
deeper char than the unexposed side.
7. Evidence of forcible entry or lack of same may be important depending on the circumstances at
the time of the fire. If the investigator determines there was no forcible entry and finds that the
building was secured prior to discovery of the fire, he can reasonably suspect there is possibility
 that the person who sets the fire entered the building with a key. Doors and windows showing
signs of forced entry may point to arson preceded by burglary or arson by someone without a key
to the premises.

Motives of Arson
Motive
 Motive is the moving cause which induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?

 No. motive is not necessary to be proven in criminal proceedings but once motive is shown, then
intent can easily established.
 In the crime of arson, the distinction between motive and intent is clearly defined. INTENT is a
material element of arson while motive is not. INTENT is the purpose of design with which the act
is done and involves the will while MOTIVE is what induces the criminal.

Motive Can Be Established By:

I. Economic Gain
A. Insurance fraud with the assured directly benefiting:
1. Desire to move
– the premises may no longer be desirable because of the condition of the building, the fact
that the quarters are outgrown or because of the locality.
2. Disposing of Merchandise
– the stocks on hand may have lost value by reason of the seasonal nature of the business,
obsolesce, scarcity of materials necessary to complete the contracts, overstock in the
absence of expected order or a changing market.
3. Property Transaction
– the business itself may no longer be desirable because of impending liquidation,
settlement of an estate of which it is a part, the need for cash, prospective failure, the
comparatively greater value of the land, or the comparatively greater value of the
insurance benefits.
B. Profit by the Perpetrator other than the assured:
1. Insurance agents wishing business
2. Insurance adjusters desiring to adjust a loss by securing a contract
3. Business competitors
4. Persons seeking jobs as protection personnel
5. Salvagers
6. Contractors wishing to rebuild or wreck

Concealment of Crime:
 the arsonists may set fire to a building in order to conceal a projected or past crime. He
may wish to divert attention in order to loot the burning premises or steal in other places.
The burning may be for the purpose of destroying evidences.

Punitive Measure:
- An arsonists may use fire as a means of punishing another person for reason of jealousy, hatred
or revenge.

Intimidation or Economic Disabling:

- The fire may be used as a weapon of the saboteurs, the strikers or the racketeers to intimidate or
to disable economically as a step toward forcing submission to certain demands.

Pyromania
– is the uncontrollable impulse of a person to burn anything without motivation. Pyromaniacs
usually do not run away from the scene of the crime, usually alone and feel satisfied watching the
flame

Types of Pyromaniacs:
1. Abnormal Youth – Epileptics, imbeciles and morons may set fire without knowing the seriousness
of the act.
2. The Hero Type – a person may set fire on a building, subsequently pretends to discover it and
turn in the alarm so that he will appear a hero to the public. A person may burn a building and
endeavor to achieve spectacular rescue in order to attract the attention of spectators.
3. Alcoholics and Drug Addicts – persons who subject themselves to intense artificial stimulants
such as narcotics sometimes develop a strong urge toward incendiaries.
 4. Sexual Deviates – some sex perverts derive sexual stimulation from setting a fire and watching
the flame. Frequently, he is chronic masturbator who stimulates and enhances his sexual
gratification by means of arson.

Public Disturbance
- an offender may resort to arson as a means of a public disturbance because a fire attracts people
and destruction causes confusion that gives rise to attendant problems that divert police attention.

Vandalism
– is a general term denoting intentional burning to destroy properties.

In determining motive, a fire investigator concentrates on three major factors:

1. Points of origin of the fire
2. Modus operandi of the arsonist
3. Identify of persons who might benefits from the fire.

Incendiary Materials
- materials used to start a fire; combustible fuels
1. Arson Chemicals (liquids) – are incendiary materials often used by arsonists as accelerants.
Possess excellent properties. Examples: alcohol, benzene, petroleum ether, gasoline, kerosene,
naptha, turpentine.
2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, propane, these are common
gases resulting in fires from explosion. These when mix with air possess excellent in ignition
properties and when present in an enclosed area can lead to explosion.
3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates, permanganates – are typical
families of oxidizing agents which give off oxygen on decomposition thus aiding in combustion.

FIRE CODE OF THE PHILIPPINES

Republic Act No. 9514

- Approved on December 19, 2008
- Repealed PD 1185
- known as the "Revised Fire Code of the Philippines of 2008".

Definition of terms
Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and manages the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.

Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base.

Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth,
waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in
commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain
chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending
below the bottom chord of the roof trusses, to divide the underside of the roof into separate
compartments so that heat and smoke will be directed upwards to a roof vent.
Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other
elements produces a rapid drop in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.

Distillation - The process of first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified
substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will
cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a
space between two conductors or terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing
without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits
or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the
building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate
action to save life and property and to suppress the fire.

Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the
occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the
safeguarding of life and property.

Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed at all
times for the expedient operation of fire fighting units.

Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to
include but not limited to built-in protection system such as sprinklers and other automatic extinguishing
system, detectors for heat, smoke and combustion products and other warning system components,
personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that
may be put on or worn by persons to protect themselves during fire.

Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents,
means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger
to life from fire, smoke, fumes or panic before the building is evacuated. These features are also
designed to achieve, among others, safe and rapid evacuation of people through means of egress
sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their
spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors.
It shall also mean to include the treatment of buildings components or contents with flame retardant
chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration
to form an ignitable mixture with air.

Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.

Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or
produces materials which are likely to cause fires or explosions.
Horizontal Exit - Passageway from one building to another or through or around a wall in approximately
the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for
fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consists of combinations of fuels and oxidizers which
ignite spontaneously on contact with each other.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of
removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical
system.

Occupancy - The purpose for which a building or portion thereof is used or intended to be used.

Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease
contract with the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire
when in contact with combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices which draw or consume electrical
current beyond the designed capacity of the existing electrical system.

Owner - The person who holds the legal right of possession or title to a building or real property.

Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support
combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure
prior to discharge into the combustion chamber and/or which includes fans or other provisions for the
introduction of air at above normal atmosphere pressure into the same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather,
or assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded,
dedicated or otherwise permanently appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a mixture in order
to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the
spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure
or area with outlets arranged in a systematic pattern which automatically discharges water when
activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each
floor, including a system by which water is made available to the outlets as needed.

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

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

Collection of Liquid Samples for Accelerant Testing

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

Where liquid accelerants are believed to have become trapped in porous materials such as concrete
floor:
a. Lime
b. Diatomaceous earth
c. flour

Collection of liquid evidence absorbed by solid materials including soils and sand:
a. Scooping
b. Sawing
c. Scraping
d. Core drilling
Collecting of Solid samples for accelerant testing
Solid accelerant may be common household materials and compounds or dangerous chemicals. When
collecting solid accelerants:
a. The fire investigator must ensure that the solid accelerant is maintained in physical state in which
is found
b. Some incendiary materials remain Corrosive and Reactive
c. Ensure the corrosive nature of these residue does not attack the packaging container

Collection of Gaseous samples

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

Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipments and Components

Before wires are cut, a photograph should be taken of the wires, and the both ends of the wire should be
tagged and cut so that they can be identified as one of the following:
a. The device or appliance to which it was attached or from which it was severed
b. The circuit breaker or fuse number or location to which the wire was attached or from which it was
severed
c. The wire’s path or the route it took between the device and the circuit protector,
electrical switches, receptacles, thermostats, relays, junction boxes, electrical distribution panels,
and similar equipment and components are often collected as physical evidence.