SPECIAL CRIME INVESTIGATION 2 CHAPTER 1: BASIC CONCEPT AND REVIEW

WITH SIMULATION ON
INTERROGATION AND INTERVIEW Special Crime Investigation deals with the study of major
Prepared by: Mary Grace O. Galino, RCrim. MSCJ crimes based on the application of special investigative
techniques. The emphasis or value is on physical
NOTES FOR FUTURE LICENSED CRIMINOLOGISTS evidence, real evidence or autoptic can be seen and
COURSE TITLE: Special Crime Investigation 2 with inspected (such as fingerprints, footprints, handprints,
Simulation on Interrogation and Interview tidemarks, cut marks, tool marks, etc.) rather than an
extrajudicial confession or confession made out of court).
CREDIT: Three Units Special crime investigation focuses on specific crimes
which by their nature are difficult and complex or
NO. OF HOURS: Three Hours per Week important to investigate.
SCHEDULE: Section A- TF (7:30 AM- 9:00 AM) Special Crime Investigation is a special study of modern
Section B- TF (9:00 AM- 10:30 AM) techniques in the investigation of serious and specific
Section C- TF (10:30 AM- 12:00 NN) crimes including murder, homicide, rape, parricide,
COURSE DESCRIPTION: This course provides robbery, piracy on the high seas, arson, kidnapping, car
emphasizes on the Constitutional Rights of persons napping, cybercrime cases and other acts of terrorism. The
arrested, placed under investigation, search and seizure. emphasis is on physical evidence rather than an extra
It takes on the conduct of Interview and Interrogations of judicial confession. Special crime investigation focuses on
suspects, person of Interest, and witnesses and simulates specific crimes which by their nature are difficult and
on the different crimes against persons, economic crimes, complex to investigate.
and other special laws on transnational and organized
crimes. The evidence required and the report writing.
REVIEW
LEARNING OUTCOMES:
Investigation- refers to a detailed examination or inquiry
At the end of this subject, the criminology student usually in an official manner, to discover something or
should be able to; somebody.

a. Explain, use, and organize the principles, Criminal Investigation- is a logical process of collection
techniques, methods, and legal requirements of and analysis of facts about persons, things, and places
the following; Crime Scene search for each Crime relative to a crime. It includes the three-fold aims:
falling under Crime Against Property of the 1. Identification of the guilty party
Revised Penal Code and relevant Special Penal 2. The location and whereabouts of the guilty party,
Laws; and
3. Providing admissible evidence to establish the
b. Examine, carryout, and organize the evidence, guilt of the parties involved in the crime.
testimony, and documents required to prepare
and process the filing of cases for each specific A Criminal Investigator is a person who is charged with
crime falling under Crimes Against Property of the carrying on the objectives of the criminal investigation.
Revised Penal Code and relevant Special Penal
Laws; Crime Scene is the venue or place where the alleged
c. Explain, use and understand the principles, crime/incident/event has been committed.
techniques, methods, types, kinds, and legal
requirements of the following: Interview; Probable Cause is a factor or circumstance sufficient to
Interrogation; Symptoms of Guilt; kinds, types, convince a person of normal intelligence that a suspect
and characteristics of subjects under Interrogation was probably involved in a specific crime.
or Interview; types, kinds, knowledge, and skills of
the interviewer, and interrogator; Confession, Custodial Investigation- Investigation conducted by law
Admission, and deposition. enforcement officers after a person has been arrested or
deprived of his freedom of action. It includes an invitation
GRADING SYSTEM to a person who is being investigated in connection with an
offense.
QUIZ - 20%
Attendance, Recitation, and Complaint is a sworn statement charging a person or a
- 30% group of persons of an offense that is subscribed by the
Performance (ARP)
MAJOR EXAMINATIONS - 50% offended party such as the victim/s of the offense
committed, or any other peace officer charged with the
TOTAL 100 % enforcement of the law violated.
Information is an accusation in writing charging a person confined while his case is pending, or has escaped
or a group of persons of an offense that is subscribed by while being transferred from one confinement area
the prosecutor or fiscal. It is substantiated by an oath and to another.
includes the name of the party, the offense committed,
facts of the offense, and other factors relevant. Procedures for Conducting Warrantless Arrest

Corpus Delicti- the body of the crime and refers to the a. Freeze or restrain the suspect(s); Employ
elements of an act that must be present in order to legally necessary force if needed
define it as a crime. b. The police officer should introduce himself and
show proper identification
Arrest- is the taking of a person into custody in order that c. Make a manifestation of authority against the
he may be bound to answer for the commission of an person to be arrested
offense. (Section 1 Rule 113, Rules on Criminal d. Inform the arrested person of the Miranda Doctrine
Procedure) as provided for in the Constitution
e. Secure the person to be arrested
Authority Given to the Arresting Officer in Making an f. Conduct a thorough search for weapons and other
Arrest illegal materials
g. In all cases, no force, or violence shall be used in
1. An officer may summon assistance - an officer making an arrest
making a lawful arrest may orally summon as h. Confiscated evidence shall be properly
many persons as he deems necessary to assist documented
him in effecting the arrest. Every person so i. Bring the arrested person to the Police Station
summoned by an officer shall assist him in j. Prepare a spot report, sworn statement/s of
effecting the arrest when he can render such arresting officers and witnesses, other supporting
assistance without detriment to himself. documents, and processing of evidence.
k. Arrange for an inquest proceeding before the
2. Right of officer to break into building or Office of the Prosecutor prior to reaching the
enclosure - an officer in order to make an arrest regulation period of:
either by virtue of a warrant or without a warrant,
may break into a building or enclosure where the i. Twelve (12) hours for crimes or offenses
person to be arrested is or is reasonably believed punishable by light penalties, or its equivalent
to be, if he is refused admittance thereto, after
announcing his authority and purpose. ii. Eighteen (18) hours for crimes or offenses
punishable by correctional penalties, or their
3. Right to break out from building or enclosure - equivalent
whenever an officer has entered the building or
enclosure to make an arrest, he may break out iii. Thirty-six (36) hours for crimes or offenses
there from when necessary to liberate himself. punishable by afflictive or capital penalties, or
its equivalent as provided for by 125 of the
4. Arrest after escape or rescue – if a person Revised Penal Code; File case to the inquest
lawfully arrested escapes or is rescued, any fiscal on duty.
person may immediately pursue to retake him
without a warrant at any time and in any place Miranda Doctrine- a principle on the rights of a suspect from
within the Philippines. forced self-incrimination during police interrogation as enshrined
in the 1987 Philippine Constitution’s Bill of Rights (Art. III, Sec.
Lawful Warrantless Arrest 12). - MIRANDA vs. STATE of ARIZONA

A Peace officer or a private person may, without a Search is an examination of an individual’s person, house,
warrant, arrest a person with the following: papers or effect, or other buildings and premises to
discover contraband or some evidence of guilt to be used
1. When, in his presence, the person to be arrested in the prosecution of a criminal action.
has committed, is actually committing, or is
attempting to commit an offense; Search Warrant- is an order in writing issued in the name
of the People of Philippines, signed by the judge and
2. When an offense has just been committed and he directed to a peace officer commanding him to search for
has probable cause to believe, based on personal personal property and bring it before the court
knowledge of facts or circumstances, that the
person to be arrested has committed it; Time of search

3. When the person to be arrested is a prisoner who The warrant should be served during daytime
has escaped from a penal establishment or place unless there is a provision in the warrant allowing service
where he is serving final judgment or temporarily at any time of the day or night.
Validity of Search Warrant CHAPTER TWO: Specialized Crimes Related to
Persons, Property, and Other Special Cases
The search shall be valid for ten (10) days from the
date of issuance Specialized Crimes Related to Persons
Fruits of Poisonous Tree Doctrine- It provides that The term “crimes against the person” refers to a
evidence obtained from an unreasonable search and broad array of criminal offenses which usually involve
seizure cannot be used as evidence in court proceedings. bodily harm, the threat of bodily harm, or other actions
Not only is the evidence obtained from the unreasonable committed against the will of an individual.
search and seizure inadmissible, any evidence resulting
from the unreasonably seized evidence is also tainted and Art. 248. Murder– Any person who, not falling with the
is not admissible as fruits of the poisonous tree. provisions of Article 246, shall kill another, shall be guilty
of murder and shall be punished by reclusion Perpetua to
RAID death if committed with any of the following attendant
circumstances:
Raid – is a surprise invasion of a building or area. It is a
small-scale attack on a limited territory. a. With treachery, taking advantage of superior
strength, with aid of armed men, or employing
Legal Basis. A raid must be legal, have its basis in lawful means to weaken the defense or of means or
process, and be conducted legally. This will be in the form persons to insure or afford impunity;
of a search warrant or warrant of arrest. The raid may be
in pursuit of a person reasonably believed to be guilty of a b. In consideration of a price, reward or promise;
felony when it is known that the felony has just been
committed. c. By means of Inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or
Raid Objectives assault upon a railroad, fall of an airship, or by
means of motor vehicles or with the use of any
a. To have effective apprehension other means involving great waste and ruin;
b. To obtain evidence of illegal activity by surprising
offenders in flagrante delicto d. On the occasion of any of the calamities of an
c. To recover stolen property earthquake, an eruption of a volcano, a destructive
cyclone, an epidemic or another public calamity;
Planning the Raid
e. With evident premeditation;
The success of a raid depends upon intelligent
planning and competent implementation. To achieve the f. With cruelty, by deliberately and inhumanly
necessary element of surprise, the operations must be augmenting the suffering of the victim, or
performed surreptitiously and with speed. outraging or scoffing at his person or corpse.
a. Terrain and buildings should be subjected to close Elements of murder:
study
b. To obtain the necessary data for planning, a a. That a person is killed.
reconnaissance/surveillance of the place should
be conducted b. That the accused killed him.
c. The participants should be informed of the nature
of the mission c. That the killing was attended by any of the
d. The specific assignment and position of each qualifying circumstances mentioned in Article 248.
raiding party, the tactics to be employed, the
equipment and transportation to be used, the d. The killing is not parricide or infanticide.
evaluation of possible danger points, and the
optimum time to be selected should be stressed. Art. 249. Homicide – Any person who, not falling within
the provisions of Article 246 (Parricide) shall kill another,
Composition of Raiding Party: without the attendance of any of the circumstances
enumerated in the next preceding article (Article 248), shall
a. Raid commander, assistant raid commander, be deemed guilty of homicide.
covering or surrounding party;
b. Going in detail or entering the party Homicide (defined) is the unlawful killing of any person,
c. In charge of raiding vehicle which is neither parricide, murder nor infanticide. Intent to
d. In charge of rendering inoperative the subject’s kill is conclusively presumed when death resulted;
vehicle, if any evidence of intent to kill is important only in attempted or
e. Recover who should keep an accurate log of the frustrated homicide.
raid, gather evidence, make inventories, and
testify in court
Elements of Homicide: seducer, while the daughters are living with their
parents.
a. That the person was killed;
 Any person who shall promote or facilitate the
b. That the accused killed him without circumstance; prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the
c. That the accused had the intention to kill, which other spouse shall not be entitled to the benefits
any justifying is presumed; of this article.

d. That the killing was not attended by any of the Death Caused in a Tumultuous Affray- When while
qualifying circumstances of murder, or by that several persons, not composing groups organized for the
parricide of infanticide. common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused
Accidental Homicide- is the death of a person brought and tumultuous manner, and in the course of the affray
about by a lawful act performed with proper care and skill someone is killed, and it cannot be ascertained who
and without homicidal intent. actually killed and deceased, but the person or persons
who inflicted, such person or persons shall be punished by
Art. 246. Parricide – Any person who shall kill his father, prison mayor. (Par. 1 Art. 251 RPC).
mother, or child, whether legitimate or illegitimate, or any
of his ascendants or descendants, or his spouse, shall be If a person cannot be determined who inflicted
guilty of parricide. serious physical injuries on the deceased, the penalty of
prison correctional in its medium and maximum periods.
Elements Parricide Shall be imposed upon all those who shall have used
violence upon the person of the victim. (Par. 2 Art. 251
a. That a person is killed. RPC).

b. That the deceased is killed by the accused. Elements Death Caused in a Tumultuous Affray

c. That the deceased is the father, mother, or child, a. That there be several persons.
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the b. That they did not compose groups organized for
legitimate spouse, of the accused. the common purpose of assaulting and attacking
each other reciprocally.
Art. 255 Infanticide- The killing of a child less than three
days of age, whether the killer is the parent or grandparent, c. That these several persons quarreled and
any other relative of the child, or a stranger. assaulted one another in a confused and
tumultuous manner.
Elements of Infanticide
d. That someone was killed in the course of affray.
a. That the child was killed
e. That it cannot be ascertained who actually killed
b. This is the killing of any child less than 3 days (72 the deceased.
hours) of age, whether the killer is the parent or
grandparent, or any other relative of the child, or a f. That the person or persons who inflicted serious
stranger. physical injuries or who use violence can be
identified.
c. That the accused killed the said child

Art. 247 Death or physical injuries inflicted under Giving Assistance to Suicide - Any person who shall
exceptional circumstances– Any legally married person assist another to commit suicide shall suffer the penalty of
who, having surprised his spouse in the act of committing prison mayor, If a person lends his assistance to another
sexual intercourse with another person, shall kill any of to the extent of doing the killing himself, he shall suffer the
them or both of them in the act or immediately thereafter, penalty of reclusion temporal. However, if the suicide is not
or shall inflict upon them any serious physical injury, shall consummated, the penalty of arresto mayor in its medium
suffer the penalty of destierro. and maximum periods shall be imposed. (Art 253 RPC)

 If he shall inflict upon them physical injuries of any Acts punishable as assisting suicide
kind, he shall be exempt from punishment. 1. By assisting another to commit suicide, whether
the suicide is consummated or not.
 These rules shall be applicable, under the same
circumstances, to parents, with respect to their 2. By lending his assistance to another to commit
daughters under eighteen years of age, and their suicide to the extent of doing the killing himself.
Euthanasia - commonly known as mercy-killing - is the Mutilation the penalty of reclusion temporal or reclusion
practice of painlessly putting to death a person suffering perpetua, shall be imposed upon any person who shall
from one incurable disease. Euthanasia is not lending intentionally mutilate another by depriving him, either
assistance to suicide. In euthanasia, the person killed does totally or partially, of some essential organ for
not want to die. A doctor who resorts to mercy-killing of his reproduction. (Art. 262)
patient may liable for murder. (Art 248 RPC).
Mutilation (defined) the term "mutilation" means the
Abortion- the wilful killing of a fetus in the uterus or violent lopping or the clipping off of some part of the body.
expulsion of the fetus from the maternal womb which
results in the death of the fetus. It is also the termination of Two kinds of Mutilation
pregnancy by the removal or expulsion from the uterus of a. By intentionally mutilating another by depriving
a fetus or embryo before viability. him, totally or partially, of some essential organ for
reproduction.
Intentional Abortion - This is the wilful killing of the fetus
in the uterus, or the violent expulsion of the fetus from the b. By intentionally making other mutilation, that is by
maternal womb, which results in the death of the fetus. lopping or clipping off any part of the body of the
offended party, other than the essential organ for
Elements of Intentional Abortion reproduction, to deprive him of that part of his
body.
a. That there is a pregnant woman;
Art 263- Serious Physical Injury, injuries inflicted under
b. That violence is exerted, or drugs or beverages this article are the following:
administered, or that the accused otherwise acts a. If the injury causes permanent impairment
upon a such pregnant woman; (insane, impotency, or blindness)
b. If the injury causes incapacitation
c. That as a result of the use of violence or drugs or c. The injury causes deformation or lost of the body
beverages upon her, or any other act of the parts
accused, the fetus dies, either in the womb or after d. If the injury caused the illness or incapacity for
having been expelled therefrom; labor for more than thirty days.

d. That the abortion is intended. Art. 264. Administering injurious substances or

beverages. —to any person who, without intent to kill,
Unintentional Abortion- the penalty shall be prison shall inflict upon another any serious, physical injury, by
correctional in its minimum and medium period shall be knowingly administering to him any injurious substance or
imposed upon any person who shall cause an abortion by beverages or by taking advantage of his weakness of mind
violence, but unintentionally. or credulity.

Elements Unintentional Abortion Art. 265. Less serious physical injuries. — Any person
who shall inflict upon another physical injuries not
a. That there is a pregnant woman; described in the preceding articles, but which shall
b. That violence is used upon a such pregnant incapacitate the offended party for labor for ten days or
woman without intending an abortion. more, or shall require medical assistance for the same
period.
c. That the violence is intentionally exerted;
Art. 266. Slight physical injuries and maltreatment. —
d. As a result of the violence the fetus dies, either in The crime of slight physical injuries shall be punished:
the womb or after having been expelled therefrom.
1. By arresto menor when the offender has inflicted
Physical Injury - Harm is done to a child's psychological physical injuries which shall incapacitate the
or intellectual functioning which may be exhibited by offended party for labor from one to nine days,
severe anxiety, depression, withdrawal, or outward or shall require medical attendance during the
aggressive behavior, or a combination of said behaviors same period.
which may be demonstrated by a change in behavior,
emotional response or cognition; 2. By arresto menor or a fine not exceeding 20 pesos
and censure when the offender has caused
What is the crime of Physical Injuries? They are; physical injuries which do not prevent the offended
party from engaging in his habitual work nor
1. Mutilation (Art 262) require medical assistance.
2. Serious Physical Injuries (Art 263)
3. Administering injurious or beverages(Art 264) 3. By arresto menor in its minimum period or a fine
injurious or not exceeding 50 pesos when the offender shall
4. Less serious physical injuries(Art 265) ill-treat another by deed without causing any
5. Slight physical injuries and maltreatment (Art. 266) injury.
Rape - When and how committed; Rape is committed (Art THEFT is committed by any person who, with intent to gain
266-A) but without violence against, or intimidation of persons nor
force upon things, shall take personal property of another
1. By a man who shall have carnal knowledge of a without the latter's consent
woman under any of the following circumstances:
Elements of Theft
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or a. That there be taking of personal property;
is otherwise unconscious; b. That said property belongs to another;
c. By means of fraudulent machination or grave c. That the taking be done with the intent to gain;
abuse of authority d. That the taking be done without the consent of the
d. When the offended party is under (12) years of owner;
age or is demented, even though none of the e. That the taking is accomplished without the use of
circumstances mentioned above be present. violence against or intimidation of person or force
upon things.
2. By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act Article 310. QUALIFIED THEFT. – The crime of theft shall
of sexual assault by inserting a penis into another be punished by the penalties next higher by two degrees
person's mouth or anal orifice, or any instrument or than those respectively specified in the next preceding
object, into the genital organ or anal orifice of another articles, if committed by a domestic servant, or with grave
person. (R.A. No. 8353, October 22, 1997) abuse of confidence, or if the property stolen is motor
vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of the plantation or fish taken from
Specialized Crimes Related to Property a fishpond or fishery, or if the property is taken on the
occasion of fire, earthquake, typhoon, volcanic eruption, or
Crimes against property are any criminal act that any other calamity, vehicular accident or civil disturbance.
destroys another’s property or that deprives an owner of
the property against the owner’s will. Criminal law CARNAPPING is taking, with intent to gain, a motor
generally considers these crimes less violent crimes, or vehicle belonging to another without the latter’s consent,
crimes against persons, but they can still constitute very or by means of violence against or intimidation of persons,
serious felony charges. or by using force upon things. (Sec. 2, R.A 6539)

ROBBERY is the taking of personal property and HIGHJACKING- A term that immediately conjures the
belongings by another, with intent to gain, by means of images of a group of heavily armed and determined men
violence against, intimidation of any person, or use of force and women holding up an airplane, ship, bus, van, or other
upon things. vehicles in order to achieve their nefarious objectives. (R.A
6235)
Classification of Robbery
CATTLE RUSTLING- the taking away by any means,
1. Robbery with violence against, or intimidation of method, or scheme, without the consent of the
persons. owner/raiser, of any of the animals (classified as large
2. Robbery by use of force upon thing. cattle) whether or not for profit or gain, or whether
committed with or without violence against or intimidation
Elements of Robbery in General of any person or force upon things. It includes the killing of
large cattle or taking its meat or hiding without the consent
a. That there be personal property belonging to of the owner/raise. (PD 553)
another;
FENCING- the act of any person who, with intent to gain
b. That there is the unlawful taking of that property for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell, or dispose of, or shall buy and
c. That the taking must be with the intent to gain sell, or anything of value he knows or should be known to
him, to have been derived from the proceeds of the crime
d. That there is violence against or intimidation of any of robbery or theft. (PD 1612).
person/ or force used upon things
Arson- Malicious destruction of property by means of
HIGHWAY ROBBERY- Also known as Brigandage. The fire. (PD 1613)
seizure of any person for ransom, extortion, or other
unlawful purposes, or the taking away of the property of Kinds of arson
another using violence against or intimidation of person or
force upon a thing or other unlawful means, committed by a. Arson (sec. 1 P.D. No. 1613)
any person on any Philippine Highway. b. Destructive Arson (Art. 320, as amended by R.A
No.7659)
Destructive Arson Specialized Crimes Related to Other Special Cases

a. Any ammunition factory and other establishment Kidnapping and Serious Illegal Detention any private
where explosives, inflammable or combustible individual shall kidnap or detain another, or any other
materials are stored manner deprive him of his liberty, shall suffer the penalty
of reclusion perpetua to death; (Art.267 RPC)
b. Any archive, museum, whether public or private,
or any edifice devoted to culture, education or Elements:
social services.
1. That the offender is a private individual
c. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of 2. That he kidnaps or detains another, or in any
persons or property manner deprives the latter of his liberty

d. Any church or place of worship or other building 3. That the act of detention or kidnapping must be
where people usually assemble illegal

e. Any building where evidence is kept for use in any 4. That in the commission of the offense, any of the
legislative, judicial, administrative or other official ff. circumstances are present:
proceeding
a. That the kidnapping or detention lasts for
f. Any hospital, hotel, dormitory, lodging house, more than 3 days
housing tenement, shopping center, public or b. That it is committed simulating public authority
private market, theater or movie house or any c. That any serious physical injuries are inflicted
similar place or building upon the person kidnapped or detained or
threats to kill him are made
g. Any building, whether used as a dwelling or not, d. That the person kidnapped or detained is a
situated in a populated or congested area. minor, female or a public officer.

Qualifying Circumstances: Death Penalty

Malicious Mischief (defined) is the unlawful damaging of
another's property for the sake of causing damage due to a. Purpose is to extort ransom
hate, revenge, or other evil motive. (Art 237)) b. If the victim is killed, raped or tortured as
consequence
Elements of Malicious Mischief
Ransom: Money, price, or consideration paid demanded
1. That the offender deliberately causes crimes redemption of a captured person/s that would release them
involving destruction. from captivity

2. That such act does not constitute arson or other Complex Crime of Kidnapping with Murder - When
crimes involving destruction victim is killed because of his refusal to pay the ransom;
kidnapping being necessary to commit the murder; but
3. That the act of damaging another's property be where he was taken for the purpose of killing him and not
committed merely for the sake of damaging it. for detaining him, crime committed is Murder. When the
victim is killed or dies as a consequence of the detention
Note: These three elements presuppose that the or is raped, or is subjected to torture or dehumanizing acts,
offender acted due to hate, revenge, or other evil the maximum penalty shall be imposed Art 267 (As
motives. Amended RA No. 7659)

What are the crimes classified as malicious mischief; Arbitrary Detention- is committed by a public officer or
employee who detains a person without legal ground
1. Special Cases of Malicious Mischief. (Art 238
RPC) Illegal Detention- Committed by a private individual who
2. Other Mischief (Art 239 RPC) unlawfully kidnaps, detains or otherwise deprives a person
3. Damage and obstruction to means of of liberty
communication(Art 330 RPC)
4. Destroying or damaging statutes, public Slight Illegal Detention. The penalty of reclusion temporal
monuments or paintings(Art 331 RPC shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article
without the attendance of any circumstances enumerated
therein. Art 268 RPC
Elements of Slight Illegal Detention Services Rendered Under Compulsion in Payment of
Debt. The penalty of arresto mayor in its maximum period
a. That the offender is a private individual; to prison correctional in its minimum period shall be
b. That he kidnaps or detain another, or any other imposed upon any person (Art. 274 RPC).
manner deprives him of his liberty;
c. That the act of kidnapping or detention is illegal; 4. Elements;
That the crime is committed without the
attendance of any of the circumstances a. That the offender compels a debtor to work for
enumerated in Art 267 RPC. him, either as a household servant or farm laborer.

Unlawful Arrest. The penalty of arresto mayor and a fine b. That it is against the debtor's will.
not exceeding 500 pesos shall be imposed upon any
person who, in any case other than those authorized by c. That the purpose is to require or enforce the
law, or without reasonable ground therefore, shall arrest or payment of debt as a household servant or farm
detain another for the purpose of delivering him to proper laborer.
authorities. Art. 269 RPC

Elements CHAPTER THREE: THE ART OF OBTAINING

INFORMATION
a. That the offender arrests or detains another
person. INTERVIEW – It is the questioning of a person believed to
b. That the purpose of the offender is to deliver him possess information that is relevant to the investigation of
to the proper authorities. a crime or criminal activity.
c. That the arrest or detention is not authorized by
law or there is no reasonable ground therefore. COGNITIVE INTERVIEW – it is a form or technique in the
conduct of interviews with willing and cooperative
Trafficking In Persons -The recruitment, transport, witnesses, where they are given the full opportunity to
transfer or harbouring, or receipt of persons with or without narrate their accounts without intervention, interruption,
consent or knowledge, within or across national borders, and inference from the interviewer.
by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or THE GOLDEN RULE OF INTERVIEW
of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits “Never conduct or let anyone interview if the interviewer
to achieve the consent of the person having control over has not gone to the crime scene. The questioning should
another person for the purpose of exploitation or the be in agreement with the facts and conditions at the crime
prostitution of others or others forms of sexual exploitation, scene. The questioning will lead wayward for the
forced labor, or services, slavery, servitude or the removal interviewer who had not seen personally the crime scene
or sale of organs. RA 9208- Anti Trafficking in Persons and he will not be in a position to distinguish half-truths,
Act of 2003 exaggerations or falsehood from the answers of the person
being interviewed.”
Slavery the penalty of prison mayor and a fine of not
exceeding 10.000 pesos shall be imposed upon anyone Qualities of a Good Interviewer
who shall purchase, sell, kidnap, or detain a human being
for the purpose of enslaving him. (Art. 272 RPC). a. Rapport – it is the development of intimacy
between the interviewer and the interviewee.
Exploitation of Child Labor. the penalty of prison
correctional in its minimum and medium periods and fine b. Forceful Personality- The appearance of the
not exceeding 500 pesos shall be imposed upon anyone interviewee and other qualities such as skills of
who, under the pretext of reimbursing himself of a debt communication techniques and the force of his
incurred by an ascendant, guardian, or person entrusted language are the mainstays of the strength of his
with the custody of a minor, shall, against the latter's will, character.
retain him in his service. (Art. 272 RPC)
c. Knowledge of Human Behavior The ability of the
Elements interviewer to determine the personality and
intelligence of his subject. He must go down and
a. The offender retains a minor in his service; up to the level of understanding of his particular
b. That it is against the will of the minor; subject – the interviewee.
c. That it is under the pretext of reimbursing himself
of a debt incurred by an ascendant, guardian or d. Conversational Tone of Voice- His tone of voice
person entrusted with the custody of such minor. must be conversational, not confrontational as in
interrogation.
 e. Common Interest- His preliminary probing Leaving something on the table-i.e. pen, etc. will often
questions should be aimed to establish common provoke good non-verbal behavior as stress level of
interest between him and the subject. suspect increases (when they pick up the pen, play with it,
etc.
f. Acting Qualities He must possess the qualities of The Suspect’s chair is on a wall so they cannot
an actor, salesman, and psychologist and know see the door and are devoid of pictures/posters on wall. If
how to use the power of persuasion. they can see the door – psychologically they can focus on
it and “If I just make it through that door- I’m free and clear’.
g. Humility He must be courteous, sympathetic and Pictures will allow distractions -have them face a blank
humble, ready to ask apologies for the wall.
inconvenience of the interview.
INTERROGATION
Atmosphere during Interview
The most difficult but most interesting phases of
 Casual Atmosphere. It is a formal conversation criminal investigation and detection. It is the
with/ persons through which conversation is confrontational battle of wits between the investigator and
sought and recorded. Designed to get information the suspect. It is a mental combat where the weapon is
in a casual atmosphere. intelligence and the use of the art. Victory depends upon
proper and effective use of the art.
 Informal Atmosphere. Can be done in a variety
of settings; station, on the street, in home, etc. It INTERROGATION - is the skillful questioning of a hostile
is non – threatening. person suspecting of having committed an offense or of a
person who is reluctant to make a full disclosure of
Non-Accusatory information in his possession which is pertinent to the
Even though the investigator may ask questions investigation.
that have to do with the subject’s direct or indirect
involvement in a crime, this does not make the interview CUSTODIAL INTERROGATION – it denotes the
accusatory. Remember – establish rapport –common investigation conducted by the investigator on the suspect
ground to enhance the talking/conversation. who is under his custody.

Varied Environments – as stated above – can be done in GOLDEN RULE OF INTERROGATION

a variety of places.
“Make him admit something, no matter how small
Proxemics are Kept at the “Social Distance”. Three (3) or trivial. Usually the first admission will lead to another. In
to twelve (12) feet from the interviewee. Keeping the securing the first admission is the biggest stumbling block
subject comfortable is important. Getting into “their in dealing with tough suspects.”
personal space” makes people uncomfortable. Interviews
can be most successfully accomplished at the social Purposes of Interrogation:
distance. The idea is to put cooperative witness/victim at
ease and make them comfortable. Relaxed setting is a. On the part of the suspect, it is to extract
recommended. confession or admission.
b. On the part of the uncooperative or unwilling
Take Note of the ff.: witness, it is to extract the information he
possesses.
 No Miranda Warnings Are Required Unless There
Is Custodial Interrogation Confession Distinguished from Admission
 INTERVIEWER TALKS 10% - INTERVIEWEE
TALKS 90% Confession is defined it is the direct acknowledgement of
 THE AVERAGE TIME OF THE INTERVIEW IS guilt arising from the commission of a crime.
APPROXIMATELY THIRTY (30) MINUTES.
- Also defined as an acknowledgment by a suspect that
Furniture during Interview he/she has committed a crime. It includes an
acknowledgment of the commission of all the elements of
Chairs – The suspect’s chair should not be a comfortable the crime and the person’s involvement in the commission.
one. Should be shorter than or not as high as the
interviewer’s chair. This creates a dominant effect. Kinds of Confessions

The interviewer’s chair should be on wheels – a. Extra-Judicial Confession – those made by the
enabling you to ‘roll in’ or ‘roll out’ as you want to invade suspect during custodial investigation.
their space or give them more space – at your discretion.
b. Judicial Confession – those made by the
accused in an open Court. The plea of guilt during
 arraignment or any stage of the proceedings companions had already confessed. That this
where the accused changes his plea of not guilty weakest link had dealt the fatal blow or that he
to guilty received the lion share of the loot in order to
intrigued him.
Admission is defined – it is an acknowledgement of a fact
or circumstance without accepting the guilt. iii. Drama – the weakest link used to fake pain
and the agony by ordering him to shout,
- Also defined as an acknowledgment by the accompanied by banging a chair on the wall
suspect of certain facts that tend to incriminate him/her to make it appear that a commotion is going
with respect to a particular crime, but which are not on. The other suspect in separate rooms must
sufficiently complete to constitute a confession. hear the DRAMA before telling them that their
. partner had confessed.

Rights of the Accused During Custodial Investigation iv. Feigning Contact with Family Members –
the suspect could be tricked that the
a. Right to remain silent. investigator had gone to the residence and the
family members had supplied facts against
b. Right to counsel of his own choice and if he has the suspect.
none, the government must provide one for him.
v. The Line-up – the complainant, witness or
c. Right to be informed of the nature of the charges victim is requested to point positively the
against him and whatever he says maybe used for suspect who is among persons in the police
or against him. line-up. The witnesses, victims or complainant
are previously coached about the identity of
These rights could be validly waived in writing and with the suspect.
the assistance of Counsel so that the ensuing confession
be admissible in evidence. The confession must also be in vi. Reverse Line-up – the suspect is placed
writing, signed, and sworn to by the accused. among other persons in a line up and he is
identified by several complainant and
Take Note: The rights mentioned above are stated at RA witnesses who will associate the suspect in
7438. other several crimes.

d. Stern Approach – the investigator displays a

THE TECHNIQUES OF INTERROGATION: stern personality towards the suspect by using the
following method:
a. Emotional Appeal – this is a technique where the
investigator, combining his skills in of an actor and i. Jolting – in the questioning process, the
a psychologist, addresses the suspect with an investigator selects the right moment to shout
emotional appeal to confess. a pertinent question in an apparent righteous
outrage. The suspect’s nerves will break to a
b. Sympathetic Approach – the investigator, in his confession.
preliminary or probing questions must dig deep
into the past troubles, plight and unfortunate ii. Indifference – the presence of the suspect,
events in the life of the suspect. An offer of help, the investigator will discuss and debate about
kindness, and friendliness, may win his the string evidence of the case that will result
cooperation. to conviction of maximum penalty.

Friendliness – a friendly approach coupled with iii. Feigning Protection and Consideration –
sincerity may induce confession. the investigator asks series of questions
appearing to be formalities with the
c. Tricks and Bluffs: impression that he knows the answers. That
these questions are asked as matters of
i. The Pretense of Solid Evidence against the considerations of the rights, protection and
Accused – the investigator bluffs the advantage of the suspect.
suspects that even if he will not confess, there
is enough evidence to send him to jail. iv. Opportunity to Lie - the suspect is given all
the opportunities to lie. The suspect is
ii. The Weakest Link – among the suspects, questioned about his personal life and family
there must be a careful selection as to who and friends and his knowledge about the
among them is the weakest link where the commission of the crime. This is repeated
interrogation will begin. By tricks and bluffs, many times.
this weakest link will be told that his
 e. The Mutt and Jeff or Sweet and Sour Method – BASIC GUIDELINES
the first set of investigators must appear to be  Persons are not comfortable revealing sensitive or
rough, mean and dangerous. When they had personal information to a person in authority.
finished the interrogation, the second investigator  Guilty people also fear being detected.
intervenes by stopping the first set of investigators.  Aside from normal fears of the “guilty” person,
By being sympathetic and understanding, he innocent persons are apprehensive as well due to
begins his interrogation. If the suspect still refuses various reasons including: not being believed,
to cooperate, then the process is repeated until loss of esteem by others, retribution,
there is confession. incompetence of investigator.
PRIVACY
f. Removing the Ethnic or Cultural Barrier – If the
suspect is an Ilocano, he should be interrogated Ideal Location:
by an Ilocano investigator and the same with other  free from interruptions and
ethnic or cultural groups. distractions
 ensures behavior will be in response
g. Searching for the Soft Spot – in every man’s to questions not surrounding stimuli
heart, there is always that softest spot. That spots Less than Ideal Location
maybe the youngest child, the wife, the mother, - at the very least, separate witnesses
the brother who acted as his father, the from each other.
grandparents or the best friend. Once discovered,
there must be a face to face meeting with that CHAPTER FOUR: CONDUCT OF CRIME SCENE
person and that heart of steel will melt to pieces. INVESTIGATION

ATMOSPHERE The CSI starts from the arrival of the PNP First
Responders (FRs) to the arrival of the Duty
Accusatory in nature Investigator/IOC and the SOCO-LS Team until the lifting of
The investigator will confront the suspect with the security cordon and release of the crime scene.
his/her guilt. This is done via Positive Confrontation. (Standard Operating Procedure No. ODIDM-2011-008
“Conduct of Crime Scene Investigation”).
Positive confrontation – i.e. “There is no doubt about
your involvement in the robbery. Now we just need to a. Specific Functions, Responsibilities, and
decide where we go from here.” Positive confrontation is Procedures
done while standing – this creates dominance.
The following are the functions and responsibilities of
Strictly Controlled Environment the investigators during the CSI, as well as the procedures
No outside distractions. Stay focused and do not to be observed;
allow subject to get distracted.
1) First Responders
Proximity is closed to the Personal to Intimate
Distance
Three (3) feet to touch. Start out at personal a) Assess whether the situation still poses
space. As you increase their stress, decrease the space to imminent danger and call for back up if
intimate. This creates psychological pressure and necessary.
effectively dominates the encounter. Leaning forward to b) Immediately conduct a preliminary evaluation
ask a question and then leaning back after a truthful of the crime scene. This evaluation should
answer rewards subject for his/her candor/honesty. include the scope of the incident, emergency
services required, scene safety concerns,
Take Note of the ff.:
administration of life-saving measures, and
 No Writing Or Note Taking By Interrogator establishment of security and control of the
 Miranda Warnings Are Required If Subject Is scene;
In Custody c) Promptly inform the immediate commander
 Interrogator Talks 95% - Interrogatee Talks 5 on any updates of the situation;
% d) Save and preserve lives by giving the
 Direct Alignment Of Chairs Face To Face
necessary first-aid measures to the injured
 Chairs In Personal Proximity;
Intimate distance – touching to 18” and their medical evacuation as necessary.
Personal distance – 18” to 36” They shall likewise secure and preserve the
Social distance – 36” to 12 ft crime scene by cordoning off the area to
Public distance – 12 ft and more prevent unauthorized entry of persons
e) Take the dying declaration or statement of
Moving in to intimate spaced increases pressure/stress severely injured person/s (Annex "HH").
 f) Make the initial assessment on whether a or accompany the FRS or the IOC in going to
crime has actually been committed and shall the crime scene;
conduct the preliminary interview of persons b) Conduct SOCO upon receipt of the request
from the concerned police unit,
of interest and witnesses to determine what
c) Turn over the crime scene to the IOC/COP for
and how the crime was committed, security of the area, in case the SOCO Team
g) Arrest the suspect if present in the area; and temporarily suspends the processing. The
h) Turnover the crime scene to the duty COP shall be primarily responsible and
investigator/IOC upon his/her arrival after accountable for securing the crime scene and
he/she has been briefed of the situation. The ensuring its integrity until the return of SOCO
FR shall prepare and submit the First Team and the conclusion of the CSI;
d) Perform the final crime scene survey together
Responders Report (Annex "II") to the IOC
with the IOC and thereafter provide the IOC
and assist him/her until the investigation is the initial results of the crime scene
completed and temporarily turned over to the processing, and
local COP for the continuance of crime scene e) Accomplish the Inventory of Evidence
security. Collected Form (Annex "JJ-4") and furnish the
IOC of copies of the same before leaving the
2) Investigator-On-Case (IOC) crime scene

a) Make a thorough assessment of the crime Policy Guidelines on Processing of Persons Present at
scene based on the briefing of the FR; the Crime Scene during Post-Incident Situations
b) Assume full control and responsibility over the
crime scene and conduct inquiry into the These policy guidelines prescribe the operational
incident. If necessary, the IOC may extend the procedures in processing and handling persons present at
search outside of the crime scene, the crime scene, be they the suspects, victims or
c) Request SOCO assistance from the PNP CL witnesses. The aim is to clearly define police courses of
office through the station TOC if required actions in dealing with persons who, for any reason and
(PNP Investigation Manual, 2011). If not, personal circumstance, are at the crime scene during post-
he/she may proceed with the CSI ensuring incident situations.
observance of the procedures in the collection
and preservation of evidence and As soon as the perpetrators surrender, or when they
accomplishing CSI forms including Persons are captured or arrested, the IC shall ensure that the
who entered the Crime Scene. Significant following are accomplished:
Persons Present at the Vicinity of the Crime
Scene. Evidence Log Crime Scene Sketch 1) Processing, Debriefing and Documentation:
and Inventory of Evidence Collected.
d) Present the written Request for the Conduct a) Victims;
of SOCO to the SOCO TL. The SOCO Team b) Perpetrators,
shall not process the crime scene unless the c) Witnesses, and
request has been received indicating that the d) Key participants in the incident.
concerned police unit shall remain and
provide all the necessary security and support 2) Venue of Processing, Debriefing and
to the SOCO Team during the whole process Documentation-Considering the instability of the
until after the crime scene is released, and situation, the safety of the responders and persons
e) Brief the SOCO TL upon their arrival at the found at the scene of the crime, and the
crime scene and jointly conduct the preservation of the place of incident, the venue of
preliminary crime scene survey. the processing, debriefing and investigation shall
f) Coordinate with the PNP Legal Service for the be at a neutral and secured place
filing of appropriate motion for the release and
disposition of submitted evidence after the b. Release of the Crime Scene
case is dismissed at the Prosecutor's Office or
terminated or resolved by the Court. 1) The IOC shall decide on the release of the crime
scene upon consultation with the SOCO Team
3) SOCO Leader. He/she shall ensure that all pieces of
potential evidence have been collected and
a) Respond only upon request through the appropriately documented. Any re-entry of the
Operations Center and after the IOC has IOC or other investigative units into the crime
already made the proper assessment of the scene after its release to the owner will require a
crime scene. The SOCO Team shall not join Search Warrant issued by the Court,
any operations conducted by the local police
 2) The IOC shall accomplish the IOC/Investigator's victims, the local traffic investigator shall immediately
CSI form (Annex "LL") before the cordon shall be inform the nearest PNP Highway Patrol Group Office which
lifted, shall then take the lead in the investigation under the
3) The IOC or the COP shall turn-over the crime Special Investigation Task Group (SITG) which shall be
scene to the owner of the property or where the activated to manage the case.
crime scene is a public place, to any local person
in authority using the Release of the Crime Scene While road or traffic accidents may seem ordinary,
Form (Annex "MM"); yet some accidents such as hit-and-run cases are usually
4) The IOC shall accomplish and submit the fatal or cause serious injuries to the victims. It is therefore
Investigator's Report with all the required imperative that evidence is collected to help identify and
attachments to the COP within two days if prosecute the suspect.
practicable from the date of incident, and
5) The CSI Report shall be the first entry in the Case a. Find out as much as possible about the accident
Folder for the investigation of the incident. both before going to the scene and upon arrival.
b. Start keeping an action log.
INVESTIGATION OF OTHER CRIMES c. Cordon off the area or extend the existing cordon
if necessary.
a. Homicide Investigation is the official inquiry made by d. Take a general photograph of the accident scene.
the police on the facts and circumstances surrounding Film the scene with a video camera.
the death of a person which is expected to be unlawful. e. Pause for thought and start planning.
f. Note down your observations continuously. It is a
Responsibilities of a Homicide Investigator good idea to use a tape recorder.
g. Establish the directions in which the different
1. When called upon to investigate violent death, parties were travelling before the collision. Take
he stands on the dead man’s shoes to photographs in the relevant directions at the same
produce his instincts against those suspects. height as the parties were prior to the collision.
2. The enthusiasm and intelligence the h. Draw a sketch. Measure and mark the places
investigator brings in the case marks the where evidence and reference samples are
difference between a murderer being collected.
convicted and set free. i. Photograph and, if appropriate, video
3. If he interprets a criminal death accidental or continuously. Photograph all damage, injuries and
natural, a guilty person is set free. other evidence.
4. Remember that the police is the first line of j. Search for and collect trace evidence, objects,
defense in the effective application of criminal reference samples etc. that may be relevant to the
justice. accident investigation.
k. Write a continuous seizure report.
Mistakes in the Homicide Investigation
1. The mistakes of the homicide investigator c. Robberies (of banks, houses, etc.)
cannot be corrected.
2. The homicide investigator should not cross a. Find out as much as possible about the crime
the three bridges which he burns behind him. before going to the scene and upon arrival.
It is important that competent personnel b. Overview. Take your bearings at the crime scene
adequately handle the case. so that you get a rough picture of the area and
what has happened.
Three Bridges: c. Start keeping an action log.
a. The dead person has been moved d. Cordon off the area or extend the existing cordon
b. The cadaver is embalmed if necessary. The perpetrator‟s route to and from
c. The body is burned or cremated the scene may need to be cordoned off as well.
e. Make sure that a list is made of the people who
Basic Guide for the Investigator to look upon is to establish enter the crime scene.
the following: f. Pause for thought and start planning. This is
1. Corpus delicti or facts that crime was where the crime scene analysis starts.
committed g. Note down your observations continuously. It is a
2. Method of operation of the suspect good idea to use a tape recorder.
3. Identity of the guilty party h. Take a general photograph of the crime scene.
Film the scene with a video camera.
i. Search for and collect evidence, objects and
b. Traffic or Road Accidents reference samples etc. outdoors.
j. Search for and collect evidence, objects and
The local police traffic investigator shall reference samples etc. indoors.
investigate all road or traffic accidents. However, in case k. Take photographs continuously. Photograph all
of Major Traffic Accidents such as those that attract the evidence before it is collected. If possible,
national media attention or those that involve numerous
 engage a photographer for specialized trace s. Examine legs and feet. Any blood on the soles of
evidence photography. the feet? Any marks or injuries indicating that the
l. If the robbery was video/filmed (CCTV), view the body was dragged?
video to see where evidence might be found. t. Describe and photograph clothes in detail.
m. Seize any video recordings and films in still u. Examine the pockets. Make a list of the contents.
cameras. v. Describe the presence of blood and any other
n. Draw a sketch. Mark the places where trace stains on the clothing.
evidence and reference samples are collected. w. The clothes should be taken in charge in
o. Write a continuous seizure report. connection with the autopsy
p. Find out whether the proceeds of the robbery
included bait money. e. Sexual Offenses
q. Check the crime scene before you leave it. Make
sure that you have not forgotten anything In the case of sexual offences the most important
important, such as interrogation reports, memos, trace evidence is often to be found on the persons
equipment etc. involved. It is therefore important to treat these persons in
the same way as crime scenes as regards the collection
d. Suicide and preservation of evidence. This is extremely important
to avoid contamination. (Refer to 5.10 to 5.14 of the PNP
a. Find out as much as possible about the crime Criminal Investigation Manual 2010).
before going to the scene and upon arrival from
the first officer on the scene and any other police a. Find out as much as possible about the crime
officers who are there. before going to the scene and upon arrival from
b. Overview. Take your bearings at the scene so that the first responder and any other police officers
you get a rough picture of the area and what has
who are there.
happened. Always bear in mind that a murder may
have been committed. b. Overview. Take your bearings at the crime scene
c. Take a general photograph of the scene. Film the so that you get a rough picture of the area and
scene with a video camera. what has happened.
d. Note down your observations continuously. It is a c. If the victim is a woman or child, immediately refer
good idea to use a tape recorder. the matter to the WCPD (Women and Children
e. Decide whether you need help from an expert Protection Desk) of your unit for assistance in the
such as a forensic pathologist, biologist etc.
handling of the victim and to ensure that proper
f. Make a note of signs of death. If possible,
measure the body temperature; write down the procedures are observed. Start keeping an action
relevant times. The checklists are only meant as a log.
guide and not as a substitute for critical thinking. d. Cordon off the area or extend the existing cordon
In some cases certain items can probably be left if necessary
out, while others must be added. e. Take a general photograph of the crime scene.
g. In the case of hanging: cut down the rope so that Film the scene with a video camera.
the knot remains intact for further examination.
f. Pause for thought and start planning. This is
h. Hair. Are injuries concealed by hair? Has hair
been torn off? Foreign substances? where the crime scene analysis starts.
i. Check for bleeding in the ears. g. Note down your observations continuously. It is a
j. Examine the root of the nose and nostrils. good idea to use a tape recorder.
k. Check whether there are any foreign objects in the h. Decide whether you need help from an expert
oral cavity. such as a forensic pathologist, biologist etc.
l. Examine the neck for skin scrapings, red spots
i. Take photographs continuously. Photograph all
and strangulation marks.
m. Examine the arms for bruises caused by gripping the evidence before it is collected. If possible,
and resistance. engage a photographer for specialized trace
n. Check for marks made by syringes, especially in evidence photography.
the crook of the arm. j. Search for and collect evidence, objects and
o. Examine wrists for old or new cuts. reference samples etc. that are relevant to the
p. Examine the hands and under the nails for injuries crime investigation. Pay attention to the risk of
due to resistance and for swellings, hairs and skin
contamination.
fragments. If shots have been fired, collect primer
particles from the hands. k. Write a continuous seizure report.
q. Cover the hands with paper bags to facilitate the l. Check the crime scene before the cordon is lifted.
continued search for skin fragments, hairs, fibres. Make sure that you have not forgotten anything
r. Examine the front and back of the body from top important, such as interrogation reports. A suspect
to bottom. may enter the crime scene area after the cordon
 has been lifted, and this must not be allowed to  Corrosive, flammable, hazardous (toxic) and
destroy the value of the evidence collected. explosive substances
 Air that is polluted by solvents and chemicals
f. Drug-related Crime and Illegal Manufacture of  Hydrogen gas, which forms explosive mixtures
Drugs with air – do not switch on the lights.

The chemicals that are handled in illegal drug

The PDEA (Philippine Drug Enforcement Agency) laboratories occur in various mixtures, in ongoing
is the lead agency in the anti-illegal drug operations and processes, in open vessels or in any form other than in
the PNP must coordinate with the agency whenever it closed original packages. As a result, such
launches operations against illegal drugs. However, there substances/chemicals may be or become explosive,
are also drug-related crimes such as murder/homicide and flammable, corrosive or hazardous. In the event of any
uncertainty, seek assistance of experts.
rape. The following are checklists to help the police
investigator: (Refer to sections 5.1 & 5.2 of The PNP Checklist for investigations in connection with production
Criminal Investigation Manual 2010) of illegal drugs

Check whether drugs are handled on the premises a. Find out as much as possible about the accident
by looking carefully for powder, hashish, tablets, ampules both before going to the scene and upon arrival.
etc. Also pay attention to indirect signs of drug handling, b. Decide whether you need help, for example from
for example: a chemist from the SNLFS, or a bomb technician.
Always contact the PDEA before action is taken
 Ziplock bags and other miniature plastic bags against a drug laboratory.
 Colourless capsules, sometimes wrapped in c. Start keeping an action log.
crumpled foil d. Cordon off the area or extend the existing cordon
 Mirror, tube, razor blade kits‟, used to handle if necessary.
cocaine e. Carry out a security check. Wearing appropriate
 Pipes, filter papers protective clothing, scene-of crime officers are to
 Syringes, needles check for traps, after which the chemist assesses
 Dram glasses and egg-cups with remains of the risks associated with the handling of
injected amphetamine or heroin chemicals.
 Bent, burnt spoons and citric or ascorbic acid for f. Turn off the heat for the still, hot plate etc. NB: Do
injection of heroin not turn off the water or cooling and ventilation
 Scales fans.
g. Make sure that a list is made of the people who
 PET bottles containing colourless liquid
enter the crime scene.
h. Take a general photograph of the crime scene.
There are instant drug test kits for tests of
Film the scene with a video camera.
suspected amphetamine, heroin, cocaine and cannabis.
i. Pause for thought and start planning.
These tests can be performed on site and provide a
j. Note down your observations continuously. Take
preliminary answer within a few minutes.
photographs continuously. Photograph all the
evidence before it is collected and all places where
Do not use test kits in the following cases:
there is laboratory equipment. If possible, engage
a photographer, in particular for specialized trace
 If the powder is not soluble in water. The material
evidence photography.
may consist of explosives, which may explode
k. Make a sketch. Mark the places where evidence
when they come into contact with the liquid in the
and reference samples are collected.
test kit.
l. Search for and collect evidence, objects and
 If there is a very small quantity of material, i.e. reference samples etc. that are relevant to the
trace quantities. crime investigation.
 If the suspected drugs are in liquid form m. Write a continuous seizure report.
n. Check the crime scene before the cordon is lifted.
Drug laboratories Make sure that you have not forgotten anything
important, such as interrogation reports. A suspect
Extreme caution must be taken in connection with may enter the crime scene area after the cordon
operations against illegal drug laboratories, since the has been lifted, and this must not be allowed to
following may be present: destroy the value of the evidence collected.
 Booby traps
 Persons who are armed
 Persons who use chemicals as weapons
6. Fraud (Forged or counterfeit documents, banknotes
etc.)

a. Anti-fraud operations are usually carried out in the

form of a planned house search. It is therefore
possible to plan properly in a way that is not
possible in the case of an acute crime scene
investigation. Many of the checklist items are valid
nevertheless.
b. Find out as much as possible about the crime
before going to the scene. Contact the Central
Bank before the search is made if there is a
suspected counterfeit workshop on the premises.
c. Start keeping an action log.
d. Take a general picture. Film with a video camera.
e. Note down your observations continuously. It is a
good idea to use a tape recorder. The checklists
are only meant as a guide and not as a substitute
for critical thinking. In some cases certain items
can probably be left out, while others must be
added.
f. Make a sketch. Mark the places where trace
evidence and reference samples are collected.
g. Take photographs continuously. Photograph all
the evidence before it is collected. If possible,
engage a photographer for specialized trace
evidence photography.
h. Search for and collect evidence, objects and
reference samples etc. that are relevant to the
crime investigation.
i. Write a continuous seizure report.