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 lH).

What are the qualities of a good investigator?

Perseverance
Intelligence
Honest
Understanding of the people and environment
Keen power of observation

TOOLS OF INVESTIGATION

INFORMATION
It is the knowledge/data which an investigator acquired from records and persons.
Regular source is acquired from open sources, records, files, Cultivated source are information
furnished by informants/informers, Grapevine source are information given by the underworld
characters such as prisoners or criminals.

INTERVIEW
Is a conversation with a purpose, motivated by a desire to obtain certain information
from the person being interviewed as to what was either 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.

What are the 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)
f. Positive attitude

INTERROGATION
It is the process of obtaining information from persons. Interview is the questioning of
person who is believe to possess knowledge that is official interest to the investigator while
interrogation is a questioning of a person suspected if 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

What should be the attitude of the interrogator?

a. Dominate the interview
b. Avoid distracting mannerism
c. Language
d. Dress
e. Preliminary conduct
f. Presence of other person
g. Place

Description of the interrogation room

a. Privacy can be achieved by having one door, absence of windows,
Soundproof wall, and telephone without ringing bell
b. Simplicity- medium size room, bare walls, no glaring lights, minimum furniture
c. Seating arrangement- straight back chair for the suspect, table with flat surface, the
back of the suspect must be facing the door.
d. Technical aid- installation of recording device and one-way mirror.

Legal requirements of interrogation

The statement of the subject must be obtained voluntary and trustworthy and not by
means or use of threat, fear, coercion, duress or any improper tactics which will vitiate the free
will of the subject. Remember RA 7438.

General Suggestions Regarding the Interrogation of Criminal Suspects

1. Interview the victim, the accuser, or the discoverer of the crime before interrogating the
suspects.
2. Be patient and persistent. Never conclude an interrogation at a time when you feel
discouraged and ready to give up; continue for a little while longer.
3. Make no promises when asked, “What will happen to me if I tell the truth?”
4. View with skepticism the so-called conscience-stricken confession.
5. When a subject has made a repeated denials of guilt to previous investigators, first question
him, whenever circumstances permit, abut some other unrelated offense of a similar nature
of which he is also considered to be guilty.
6. An unintelligent, uneducated criminal suspect, with low cultural background should be
interrogated on a psychological level compared to that usually employed in the questioning
of a child.

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, then provide those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship
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 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 are more than one suspect. The suspect 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:

A Philosophy of Interview and Interrogation:

The RIGHT officer
Asking the RIGHT questions
In the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers
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.

What are the ways of identifying the criminals?

a. By confession and admission
b. Eyewitness
c. Circumstantial evidence
d. Associative evidence
Confession – it is the declaration of an accused expressing/acknowledging his guilt of the
offense charged.

Effects of confession:
a. May be given in evidence against him in the investigation or trial of
the offense with which he is charged; and
b. Maybe given to prove the guilt of his companions but it will pass a lot
of organization and debate.

Types of Confession
Judicial Confession
Made by the suspect/accused in open court

Extra-Judicial Confession
This kind of confession is inadmissible unless corroborated by proof of corpus delicti.
The confession to be admissible, it must be voluntary, in writing and made with the assistance of
a counsel of his own choice with full understanding of the consequence of such confession. (get
separate for separate crimes).
Admission
An 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.

What are the two kinds of criminals?

a. Known fugitive
b. Unknown fugitive
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 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- what induces the person to act
b. Intent- the result or accomplishment of the act
c. Opportunity- the physical possibility that the suspect could have committed the crime

What is 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.

What is corpus delicti?

 It is the body of the crime or fact of specific loss or injury sustained.

Explain the meaning and importance of modus operandi?

Modus operandi means the method of operations. It enables the investigators to
recognize a pattern of criminal behavior, to predict, approximate the next target of the criminals
and to assist complainants to recognize the suspect by means of recorded information concerning
the characteristics of criminal activities.

Informant – is a person who gives information to the police.

What are the different types of informant?

a. Anonymous- Do not wish to be identified
b. Rival- elimination- eliminate competition
c. False- no value
d. Frightened- motivated by anxiety
e. Self aggrandizing- hangs about the fringes of the criminals
f. Mercenary- sell information
g. Double crosser- to get more information
h. Woman- most dangerous specie
i. Legitimate- operators of legit business
What are the motives of informant in giving information?
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

Surveillance- it is the secret observation of places, persons, 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

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.
a. Shadowing- the act of following a person, depends on the number of surveillants
available, volume of pedestrian traffic and importance of concealing the surveillance.

Methods of shadowing
b. One man- Extremely difficult and should be avoided, if unavoidable keep subject in
view at all times.
c. Two man- two agents are employed to follow the subject
d. ABC method- reduces the risk of losing the subject, affords greater security agents
detection
 e. 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.
f. Combined foot- auto surveillance- employment of surveillant on foot and agents in an
automobile.

What are the things 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 ostensively

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 and 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- is a form of investigation in which the investigator assumes a different and

unofficial identity in order to obtain information.
Consider using an undercover operation only when conventional investigative techniques
have not been effective or are not practical. Use of police personnel, as undercover agent is an
ethical approach to the problem of securing information about criminal operations from the
inside. It is surveillance from a position of advantage. It is dangerous work, but often
preferable to using an underworld informant- probably the only other source of such
information. Undercover agents make excellent witnesses, unlike the underworld
informants whose credibility can be attacked because of crime histories, the police agent is a
person of good reputation and character.

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.
What are the common types of places of assignment for undercover work?
a. Neighborhood c. Organizational
b. Social d. Work
Penetration:
a. undercover operation techniques are applied continuously and not merely over a
limited period of time.
b. Initial penetration is concealed
c. Access is created such that the agent is accepted into the target group or organization
d. Effort is continued by the agent until he acquires the desires placement or position,
thus gaining complete access to the objective of the investigative effort
e. Penetration is exceedingly difficult, time consuming and most delicate form of
investigative activity, but often the most rewarding.
Special Qualification of Undercover Agent:
a. Thorough knowledge of the area, the people and customs were agent will operate
b. Preferably single and unmarried
c. Thorough knowledge of the language or dialect spoken in the area of operation.
Operational Security Guidelines on Undercover Assignments.
a. The agent’s appearance must be inconspicuous
b. The SUBJECT should cultivate the AGENT, rather than the reverse
c. Analyze SUBJECT and appeal to his ego, vanity and interest
d. Obtain SUBJECT’S confidence (Rapport)
e. Play along with the SUBJECT’S plan
f. Don’t be impatient, over-anxious or too eager
g. Don’t displayed more interest in statements or actions of the SUBJECT and of
the SUBJECT’S associates than is compatible with the cover story.
h. Don’t betray knowledge of the SUBJECT’S background which was gained
from the preliminary investigation. Or files
 i. Don’t get involved with SUBJECT’S girlfriend.
j. Don’t let any relations with SUBJECT incur enmity, envy or jealousy
of the SUBJECT’S associates.
k. Don’t become unnecessarily friendly with women
l. Don’t overact the cover story. Don’t reveal more cover story details than
necessary.
m. Don’t carry weapons unless told to do so
n. Don’t make unexplainable trips or phone calls
o. Don’t maintain contact with personal friends or relatives
p. Don’t display money more than the amount provided for by the cover story
q. Don’t reveal the true identity unless is a part of preconceived plan
r. Don’t drink intoxicating beverages if it can be avoided.
s. Don’t assumes the “big shot” attitude. An outstanding characteristics
will bring the AGENT under scrutiny.
t. Beware of entrapment
REMEMBER: THE COMPROMISE OF YOUR TRUE IDENTITY COULD ENDANGER
YOUR LIFE OR COMPROMISE THE MISSION.

CRIME SCENE INVESTIGATION

It is the conduct of processes, more particularly, the recognition, 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.
What Constitute a Crime Scene?
A. The 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.

Receipt of report of a Crime Incident

The Desk Officer shall:

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. Inform his superior officer
or the duty officer regarding the report.
. Team Leader
. Evidence Collectors
. City of Municipal/Health Officer
. Crime Photographer
. Sketcher/Measurer
. Evidence Custodian/Security Officer
Security and Protection of the crime Scene

First Responder
. Must be able to properly preserve the crime scene in order to get maximum
scientific information that will help in the successful prosecution of the perpetrator                 of
he crime.

The First Responder shall:

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

Basic Equipment
 . Police line
. Marker
. Camera with film
. Evidence collection kit
. Video camera and tape recorder
. Measuring device e.g. ruler and measuring tape
. Flood lights, hand gloves, masks, eye goggles, hairnet
. Recording materials e.g. chalk, bond paper, pencil, clipboard, pentel pens
Approaching the Crime Scene

. Be alert for discarded evidence

. Make pertinent notes as to possible entry and exit points of the perpetrator

Designation of a 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.

Initiation of Preliminary Survey

. Makes a general assessment
. Takes a cautious walk- through
. Takes down extensive note to document important factors
. Establishes the evidence most likely to be encountered
. Defines the extent of the search area
. Determines the personnel and equipment needed, and makes specific assignments
From his assessments, he develops a general theory of the crime scene.
Removable inferences about what happened are produced from the crime scene
appearance and information from what happened. These theories will give the crime
investigator to document specific conditions and recognize valuable physical evidence.

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.

Crime Scene Photography

Main Objective
. To create an accurate objective visual record of the crime scene before any item is
moved as possible physical evidence.

Guidelines for taking photographs of a Crime Scene

. Photographs of a crime scene should be taken as soon as possible, before note

taking, sketching or a search for evidence begins.
. The pictures should illustrate the original, uncontaminated condition of the crime
scene.
. Photographs should be taken of the crime scene only, without spectators or police
personnel.
. To adequately present the crime scene initially, the photographs must form an
organized sequence and show all relevant locations and objects.
. The crime scene photographs must progress from general to specific
The Major Types of Pictorial Views
1. Long- range photograph of the over all scene
Distance: From the doorway to the room and other corners of the room
2. Mid- range photograph
Distance: Eight or ten feet from the victim
3. Close- up photograph
 Crime Scene Sketches
Sketches are useful in questioning of suspects and witnesses as wall as in the writing of
investigative reports.
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 are placed in the
sketch.
Sketches are excellent companions to photograph. Where photograph provide exact
details, sketches offer accurate information about the placement of objects and they show
relationship and distances between things.

Elements of sketch
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
Specific kinds of sketch
a. Locality- give picture of the scene, the crime and its environs, including neighboring
buildings, roads, etc.
b. Ground- picture of the scene of the crime with its nearest physical surrounding
c. 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
Types of Measurements
1. Rectangular coordinates method
2. Triangulation method
3. Baseline method
4. Compass point method
5. Cross projection method

Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.

Notes must include:

. Detailed written description of the Crime Scene with locations of physical
evidence received
. The time when the physical evidence was discovered
. The person who discovered and collected physical evidence
. Hoe the evidence was packaged and marked
. The disposition of the item when it was collected

Documentation
These documentation are made by the crime scene investigator for purposes of future
crime scene reconstruction which help the prosecutor and the judge understand conditions at the
crime scene.
Narrative Report
Represent scene in a general to specific scheme, consider structured factors such as:
lights on/off, newspaper on driveway/in house, drapes pulled, open or shut. This written record
could serve as the only source of information for refreshing one’s memory month or years after a
crime has been processed.

Preparation of Narrative Report

The team leader uses the systematic approach in making a narrative report.
1. Represent Crime Scene in a general to specific scheme.
2. Includes structural factors such as:
. Lights on/off
. Newspaper on driveway/in home
. Drapes pulled, on or shut
 Crime Scene Search
The search for physical evidence is done using the accepted methods of search depending
upon the actual location to be searched.
A crime scene search could only be started after it has been photograph and sketched.
Objectives of a Crime Scene Search
. To systematically look for physical evidence that may prove useful in establishing
that a crime has been committed.
. To determine what method of operation the perpetrator may have used.

Different Search Methods

a. Strip- the searchers will proceed at the same pace along the path parallel to one side
of the rectangle.
b. Spiral- the searchers will follow each other in the path of a spiral, beginning in the
outside and spiraling towards the center. Clockwise/counter clockwise.
c. Zone- the area to be searched is divide into four quadrants and each searcher is
assigned to one quadrant.
d. wheel- for area to be searched approximately circular or oval
e. Point to point- searcher will stand in a straight line and move forward together.

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 re found in connection
with the investigation and aid in establishing the identity of the suspect.

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

What is chain of custody?

It is the number of persons who handle the evidence between the time of the commission
of the offense and the ultimate disposition of the case and should be kept to minimum.
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.

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.

Proper Handling, Collection and Preservation of Evidence

Biological Evidence for DNA Analysis
Introduction
DNA examination of recovered pieces of evidence will surely lead to the conviction of
the perpetrator of a crime of violence if the following critical points are strictly observed:
1. Documentation of Physical Evidence at the Crime Scene- if the recovered pieces of physical
evidence are not properly documented, its origin can be questioned. No physical evidence
 shall be moved until its original condition and position have been recorded by note,
photograph, videotape and sketching.
2. Proper Collection of Evidence for Examination- evidence that could be subjected for DNA
analysis is generally limited to substances that are biological nature. It should be
remembered that not all biological materials submitted to the DNA Forensic laboratory will
provide sufficient DNA for analysis. Likewise, the biological activity of the evidence will
be lost if not properly collected.
3. Preservation- biological specimens which, are not properly preserved will decomposed and
deteriorate. This will seriously affect the outcome of the DNA typing.
4. Marking of Evidence – for purpose of identification.
5. Individual Packaging and Sealing- improper packaging will possibly cause cross
contamination. Substitution or switching of evidence is also possible.
6. Proper Chain of Custody- the different persons responsible for the custody of the evidence
from the time of collection up to the time the evidence reaches the court on critical in a
successful prosecution of a criminal case.

The capability of a Forensic DNA laboratory to provide maximum scientific information will
highly depend on the condition of the biological evidence submitted for analysis.

A. Blood Evidence
A. 1 Liquid Blood Samples
1. Blood extraction from a person should be done by a qualified medical practitioner
2. Five (5) ml of blood should be collected of each of the two (2) vacutainers with EDTA as an
anti- coagulant and kept in the refrigerator prior to submission to the DNA laboratory.
3. Blood clot could be transferred with a spatula to a test tube counting saliva or to a cotton
cloth and then air- dried or gauze.
4. Liquid blood should be collected with a sterilized syringe or pipette and transferred to a
sterile test tube with EDTA as preservative. Liquid Blood Sample could likewise be
absorbed by a cotton cloth and thoroughly air- dried.
5. Collected liquid Blood Samples from the Crime Scene must be refrigerated only and
submitted to the forensic DNA laboratory as soon as possible.
6. Blood mixed with water could be collected into a plastic container using a syringe and frozen
prior to submission to the DNA laboratory.
7. Label the specimen with the case number, time and date of collection, location as well as the
initials of the evidence collector.

A. 2 Blood Stains
1. Wet bloodstains on movable objects should first be air- dried before they are sent to the
DNA laboratory for analysis.
2. When thoroughly dried, each item should be placed in separate paper bags, properly labeled
and sealed.
3. Wet blood stains on immovable large object should be rubbed or wipe it with clean cotton
cloth or gauze and allowed to air dry before putting it inside a paper bag .
4. Small movable objects with dried blood stains should be separately collected, labeled,
packaged and sealed prior to its submission to the DNA laboratory.
5. Dried bloodstains on big movable objects like carpets, upholstery and the like can be
collected by cutting a bloodstained portion with a sharp instrument.
6. Each cutting should be labeled accordingly and individually packed and sealed.
7. Collect an unstained portion of the item to serve as control.
8. Dried blood spatters on immovable surface can be lifted from its surface using a fingerprint
tape. Each tape should be packaged and labeled properly.
9. Dried bloodstains on large immovable objects should be scrapped off and placed in a clean
paper packet.
10. The packet is then placed in a paper envelope, which is sealed and properly labeled prior to
the immediate submission to the laboratory.
11. Dried bloodstains are removed from painted surfaces of motor vehicles by scraping them off
using a sharp instrument. Collect control samples.
 B. Semen and Seminal Stains

1. Collect liquid seminal fluid from victims using cotton swabs and refrigerate
2. Liquid semen sample can be collected using a clean disposable syringe or pipette and placed
into a sterile test tube. Keep it refrigerated and submit it at once to the laboratory for
analysis.
3. It can likewise be absorbed by a clean cotton cloth or gauze and then allowed to air dry.
When thoroughly dried, it can already be packaged, sealed and properly labeled.
4. Under wears and other articles with wet seminal stains must be allowed to air dry thoroughly
prior to the collection of the item.
5. Dried seminal stains on big movable objects such as carpets, upholstery, and other can be
collected by cutting a seminal stained portion with a pair of scissors.
6. Place each cutting in separate paper packets. Seal the container and properly label prior to
submission to the DNA laboratory. Collect control samples.

DONTs
1. DNA test is very sensitive and vulnerable to contamination by other DNA services.
Avoid contamination with other human DNA.
2. Do not handle with bare hands.
3. Avoid long- term storage of tissues
4. No ice is required and dry ice should never be use to cool the tube of blood.
5. Do not mouth pipette any body fluid regardless of the source.
6. Avoid drying of wet stained garments under direct sunlight or exposing it to an electric fan.
7. Do not collect a wet garment or garment with a wet blood stains in a sealed air-tight
container.
Do not use plastic bag in the collection of blood specimen.

NOTES ON 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 as 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 are 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 8 Crimes Against Persons

(Destruction of Life)

Art. 246. Parricide

Committed by any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants or descendants, or his spouse. Penalty: Reclusion
perpetua (20 yrs. And 1 day to 40 yrs) to death.

Art. 247. Death or physical injuries inflicted under exceptional circumstances

Committed by 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.
If he shall inflict upon them physical injuries of any kind, he shall be exempted from
punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect to
their daughters under 18 yrs old, and their seducer, while 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

ELEMENTS OF MURDER:
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.

TREACHERY – plain and simple: Treachery means that the offender party was not
given opportunity to make a defense.
- To establish treachery, the evidence must show that the accused made some
preparation to kill the victim in such a manner to insure the execution of the
crime or make it impossible or hard for the person attacked to defend himself.
But killing done at the spur of the moment is not treacherous.
- Abuse of superior strength and nighttime are absorbed in treachery.
- In treachery, what is decisive is that the attacks was executed in such a
manner as to make it impossible for the victim to retaliate.
- The killing of the victim frontally does not negate treachery when the victim
was killed after already being in a helpless condition.
 - It may also be appreciated even if the attack was frontal but no less
unexpected and sudden, giving the victim no opportunity to repel it or offer
any defense of his person.
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. (lost of
fortune).
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.

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. Plain.

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 yrs. & 1 day to 40 yrs.) to death.

ART. 249. Homicide

Committed by any person who, not falling within the provisions of Art. 246 (Parricide)
shall kill another without the attendance of any of the circumstances enumerated in Art. 248
(Murder) shall be deemed guilty of homicide.
Penalty: Reclusion temporal (12 yrs. & 1 day to 20 yrs.)

ART 255 . Infanticide

Committed by any person who shall kill any child less than three days of age (less than
72 hours).
Penalty: The penalty provided in parricide and murder shall be imposed
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 yrs & 1 day to 12 yrs). If committed
by maternal grandparents or either of them, the penalty shall be reclusion temporal (12 yrs & 1
day to 20 yrs).

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to

discover and documents 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 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.
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.

Law of Multiplicity of Evidence.

The greater the number of points of similarities and dissimilarities of two persons
compared, the greater is the probability for the conclusion to be correct.

Determination of time of death. 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

Livor Mortis (Discoloration of the body; setting of blood in the dependent regions 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 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:

Carbon monoxide poisoning/ cyanide- cherry red to pinkish color
Asphxia- dark lividity
Phosphororus poisoning- dark brown

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

Diffusion. Coagulated inside blood vessel; Change in position will change its location.

Rigor Mortis (Stiffening of the body)

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 decompostion
- 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 smaller
muscles 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.
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 algor mortis
- illness
- clothes
- obesity
- room temperature

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.

Other external violence Marks

a. Contusion- an injury in the substance of the skin, discoloration of the surface due to
extravesation of blood. This is due to the application of a blunt instrument.
b. Hematoma- this is the extravesation of blood in the newly formed cavity.
c. Incised wound- produced by forcible contact on the body by sharp edge instrument.
d. Stab wound- produced by the forcible application and penetration of a sharp
instrument.
e. Punctured wound- penetration of a sharp pointed weapon
f. Lacerated wound- tearing of the skin due to forcible contact of a blunt instrument.

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
proceed 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 would
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 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

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. Unlawful taking of personal personal property
2.  The property must belong to another
3. The taking is done with violence against, intimidation of any person or force
upon things
4. The taking is with intent to gain

How robbery 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.

Notes: 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
owner legal 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 complexed 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 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 jamps
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothings- 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 any thing of value which he knows to have been derived from
the proceeds of crime or robbery or theft.
Fence- include 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:

5. The safe return of the victim
6. 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:

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 black out 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 procedures includes:
3. Thorough interview of the victim. All details should be obtained.
4. Re interview all witnesses
5. Conduct surveillance
6. Determine whether the kidnapper is familiar with the victims, residential area, habits
and financial status.
7. 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.
TRAFFIC OPERATION AND ACCIDENT SCENE INVESTIGATION

DEFINITIONS:

Traffic - refers to the movement of persons, goods, or vehicle, either powered by

combustion system or animal drawn, from one place to another for the purpose                         of
travel.

Accident - is 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 – is any event that results in unintended injury or property damage
attributable directly or indirectly to the action of a motor vehicle or its load.

Motor Vehicle – is every device which is self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated upon
rails.

Trafficway - is the entire width between boundary lines of every way or place of which any
part is open to the use of the public for purposes of vehicular traffic as a matter
of right or custom.

Key Event - an event on the road which characterizes the manner of occurrence of a motor
vehicle traffic accident.

Debris - is the accumulation of broken parts of vehicles rubbish, dust and other
materials left at the scene of the accident by a collision.

Skid Marks – are marks left on the roadway by tires which are not free to rotate, usually
because brakes are applied strongly and the wheels locked.

Scuff marks – are signs on the road by tires that are sliding or scrubbing while the wheel is still
turning.

KINDS OF TRAFFIC ACCIDENTS:

1. Motor Vehicle traffic accident – is any motor vehicle accident occurring on a trafficway.
e.g. ordinary collision between automobiles on a highway.
2. Motor Vehicle non-traffic accident – is any motor vehicle accident which occurs entirely in
any place other than a trafficway.
e.g. accident on a private driveway.
3. Non-Motor vehicle traffic accident – is any accident occurring on a traffic way involving
persons using the trafficway or travel or transportation, but not involving a motor vehicle
in motion.
e.g. pedestrian and cyclist in a trafficway.

CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENT ACCORDING TO KEY

EVENT

Running on road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Non-collision on road: Overturning . . . . . . . . . . . . . . . . . . . 2
Other non-collision . . . . . . . . . . . .. 3
Pedestrian . . . . . . . . . . . .. . . . . . . . 4
Other motor vehicle in traffic . . . . 5
Parked motor vehicle . . . . . . . . . . 6
Railroad train . . . . . . .. . . . . . .. . . 7

Collision on road with : Bicycle . . . . . . . . . . . . . . 8

Animal . . . . . . . . . . . . . 9
Fixed object . . . . . . . . . 10
Other object . . . . . . . . . 11

CLASSIFICATION OF ACCIDENT ACCORDING TO SEVERITY:

Property Damage . . . . . . . . . . .. . . . 1
Slight . . . . . . . . .. . . . . . . . 2
Non-fatal : Less Serious . . . . . .. . 3
Serious . . . . .. . . . . .. 4
Fatal . . .. . . .. . . . . . . . . . .. . . . . .. 5

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT:

1. Perception of hazard – is seeing, feeling, or hearing and understanding the usual or
unexpected movement or condition that could be taken as a sign of the accident about
to happen.
2. Start of evasive action – is the first action taken by a traffic unit to escape from a
collision course or otherwise avoid a hazard.
3. Initial Contact – is a first accidental touching of an object collision course or
otherwise avoid a hazard.
4. Maximum Engagement – is a greatest collapse or overlap in a collision. The force
between the traffic unit and the object collided with are the greatest at maximum
engagement.
5. Disengagement – is separation of a traffic unit in motion from an object with which it
has collided. Force between the object ceases at this time.
6. Stopping – is coming to rest. It usually stabilize the accident situation.
7. Injury – is receiving bodily harm.
Point of possible perception – is the place and time at which the unusual or unexpected
movement or condition could have been perceived by a normal person.
Point of no escape – is that place and time after or beyond which the accident cannot be
prevented by the traffic unit under consideration.
Final position – is the place and time when objects involved in an accident finally come
to rest without application of power.
Fatal accident – is any motor vehicle accident that results in fatal injuries to one or more
persons.
Non-fatal injury accident – is any motor vehicle accident that results in injuries other
than fatal to one or more person.
 Property damage accident – is any motor vehicle accident in which there is no injury to
any person but only damage to the motor vehicle, to other motor vehicles, or to other property
including injury to animals.

Reasons for violation of traffic laws

1. physical disabilities or infirmities
2. ignorance of traffic laws
3. lack of training and experience
4. wrong attitude towards driving
5. drivers of public utility vehicles for increased compensation
6. driver’s apathy towards signs, signals and markings
7. influential persons violate because they feel they are exempt from punishment.

Consideration that acts as deterrents to motorist and pedestrians

1. fear of fine or punishment
2. loss of driving privilege
3. possibility of being involved in accident
4. positive area of good citizenship doing what is right and setting an example
Traffic operation - 3

FIVE (5) ESSENTIAL STEPS IN THE ENFORCEMENT PROCESS:

1. Detection (of violation) – wholly a police responsibility and entails looking for defects in the
behavior of motorists, pedestrians, vehicle, equipment and roadway condition. Requires
knowledge of law on the part of the police.
2. Apprehension – wholly a police responsibility where the police is required to take action at
once to prevent continued and future violation.
3. Prosecution – while this is a court function the police also provides corresponding influence
through preparation and introduction of evidence or close contact with the prosecuting
officer.
4. Adjudication – while this is obviously a court function, the police provides influence on this
step by acting as witness to the prosecution or supplying additional evidence. This step
determines the guilt or innocence of the accused.
5. Penalization – the court imposes the penalty upon the accused. The penalty is greatly
influenced by previous records of conviction as provided by police.

Three (3) IMPORTANT GOALS OF ENFORCEMENT ACTIVITIES

1. To increase safety level – enforcement effort should be directed towards the
reduction of accidents or minimizing their effects.
2. To increase traffic efficiency.
3. To insure harmonious and comfortable environment

Three (3) MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM

1. Enforcement System – consists of legislation, police and the courts. Legislation
defines and specifies correct or incorrent road user behavior. Police and the courts is
charged with the responsibility of insuring that these laws are adhered to.
2. Road-user system – includes pedestrians, pedal cyclists, drivers, passengers and
others.
3. The traffic system – consists of the entire road and vehicle complex.

KINDS OF TRAFFIC ENFORCEMENT ACTION

1. arrest
2. traffic citation
3. traffic warning

Traffic arrest – is an enforcement action which consists of taking a person into custody for the
purpose of holding or detaining him to answer a charge of law violation before a court.
Arrest is made when the:
1. offense committed is serious
2. detention is necessary to avoid continued violation n
 3. there is reasonable doubt that the violator will appear in court

Traffic citation – a means of having violators appear in court without physical arrest. Kinds of
which are Traffic Citation Ticket and Temporary Operators Permit (TCT/TOP).

Traffic warning – an enforcement action which does not contemplate possible assessment of      
penalty by the court or otherwise as a result of warning alone. It is of three types:      
visual, verbal, and written.

Traffic Supervision – is defined as keeping informed on streets, highways within existing      
regulations to make their use safe and expeditions.

Traffic control – the control of vehicles or pedestrians at a certain point or area by mechanical
means, fixed objects, or manpower.

Traffic Engineering - - is the science of:

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

Functions of Traffic Engineering:

1. fact-finding, surveys and recommendations of traffic rules
2. supervision and maintenance to the application of traffic control devices;
3. planning of traffic regulations

Road Check Objectives:

1. faulty vehicle equipment
2. registration and licensing violations
3. intoxicated drivers
4. the load or cargo of commercial transportation vehicle for load weight

Consideration to be taken when conducting road check:

1. minimum delay to motorist
2. thorough checking procedure
3. protection/safety of both motorist and officers
4. timing, location and frequency

5 levels of activity in Accident Investigation

1. reporting
2. at-scene investigation
3. technical preparation
4. professional reconstruction
5. cause analysis

Following are the technical terms which are commonly used by the investigator in traffic
accident investigation. In this type of examination you have to match the word or group of
words under Column A with the statement under Column B. Write the number of your choice
on the space provided for the answer.

Column A Column B
1. Traffic accident 1. 8 Any object, sign or motor vehicle, shrub, tree, hill
building in or between the field of vision of a driver
so as to alter vision.
2. Direct Cause 2. 14 When normal vision has been lowered as a result of
rain, fogs, haze, darkness or condition of
windshield,
side or rear windows.
3. Cuve weight
3. 11 Greatest collapse or overlap in a collision. The
force
4. Evassive action between the traffic unit and the object collided with
are greatest

5. Possible Point of Perception

4. 10 Movement into the path assigned to another unit.
6. Mechanical Failure
5. ___ Accidental touching of an object collided with by
traffic
7. Direct Cause unit in motion. Before this there is no force
between the
objects colliding, afterwards there is force.
8. Visual Obstruction
6. 16 As the place and time after or beyond which the
accident cannot be prevented by the traffic unit under
9. Point of Impact consideration.

10. Encroachment 7. 4 The action taken as a result of a perception of a

hazard in
an effort to avoid the accident.
11. Maximum Engagement
8. 6 Not performing as intended or design.
12. Final Position
9. 13 That time and place when something a situation
13. Perception of Hazard or a hazard, is first seen, felt or heard.

14. Visual Reduction 10. 5 Negligent behavior or action precipitating the

chain
Of events leading to an accident
15. Initial contact
11. 15 Refers the specific area of vehicle initially
contacted by another object or vehicle.
16. Point of No escape

17. Probable Cause

18. Skid Marks

SELECTIVE EXAMINATION TEST

Direction: This examination consists of 20 statements. Each statement consists of a
general part and four secondary parts (marked ABCD). Examine each
statement with the view of eliminating the least desirable of the secondary
parts. When you have made your selection indicate this by writing it in your
notebook.

ILLUSTRATION
01. Traffic law enforcement is –
a. Police function c. Civilian auxiliary function
b. Court function d. Police-court function
01. The police court enforcement process involves five essential steps. Which of the following
is not included?
a. Detection and Apprehension
b. Prosecution and Adjudication
c. Surveillance and Raid
d. Penalization
02. Which of the following does not belong among the goals of traffic enforcement?
a. To increase safety level
b. To improve lifestyle of drivers
 c. To increase efficiency
d. To insure harmonious and comfortable environment
03. Which of the following consideration does not act as a deterrent to motorists and pedestrian?
a. Fear of fine and punishment
b. Loss of driving privilege
c. Possibility of being involved in accident
d. Increase insurance premium

04. Hazardous traffic and unsafe condition

a. Unsafe behavior and unsafe condition
b. Physical handicapped
c. Mental handicapped
d. Disregarding safety of others
05. Which of the following does not fall under the kinds of police traffic enforcement action?
a. Traffic Arrest
b. Traffic citation ticket
c. Giving warning
d. Guarding business establishment
06. Your decision will be whether you are giving to arrest, cite or warn for the violation you
observed. Which of the following does not include among the factors to consider?
a. degree of violations (senior or minor)
b. appearance of the driver
c. accuracy of observation, use of mechanical or electronic measuring devices
d. traffic and weather condition
07. Pursuit enforcement is traffic is performed by the police when –
a. the driver fails to stop
b. the driver is detected in violation of a traffic rule
c. the offense committed is serious
d. the driver is in violation, but failed to stop when signaled to do so
08. When a violator has been overtaken by pursuit the problem is how?
a. to halt him
b. to come up to him on fact
c. to halt him and come up to him on foot and to take whatever action maybe required
d. to take whatever action required
09. Stopping a violator in a vehicle when you are on foot presents a special problem because –
a. the situation occur while the officer is directing traffic
b. the driver can easily speed away
c. there is always unprecedented
d. the vehicle is faster than you are to ran after it in foot
10. In stopping the violator, which of the following guides should be observed –
a. select a place where it is possible to stop the violator promptly, efficiently and safely
b. He must not pull off the traveled roadway
c. Stopping must be done in safety to you, the driver you stopped, to other drivers and
pedestrians
d. Do not blow the siren abruptly blow the horn in short successive manner to attract the
driver’s attention.
11. In requesting for the driver’s license and vehicle registration certificate, which of the
following does not fall under the right procedure?
a. Be courteous by saying “Good Morning, etc. Sir; May I see your license and vehicle
registration.
b. While waiting for the license ask the driver “What is your name Sir?”
c. Tell the driver to step down his car and hand to you the requested papers
d. Never accept anything other than the papers requested.
12. Road check is being done by deputized traffic policeman in order to inspect and detect –
a. faulty vehicle equipment
b. registration and licensing violation
c. intoxicated drivers
d. all of the above
13. However, in conducting road checks the following is not a factor to consider –
 a. minimum delay to motorists
b. volume of traffic
c. thorough checking procedure
d. protection and safety of both motorists and pedestrians
14. The basic elements of the Highway Transportation System are –
a. Law, People and Enforcement
b. Law, People and Vehicle
c. Government, People and Vehicle
d. Man, Vehicle, Road/Highway Environment
15. Which of the following is not a traffic police work –
a. Traffic Accident Investigation
b. Traffic Direction and Control
c. Follow-up of criminals
d. Traffic law enforcement
16. The authority or legal background for directing traffic is –
a. MMC Ordinances
b. Statutes passed by Congress and Municipal Boards
c. Customs, traditions and more
d. Dictate of Social Norms
17. What is to be done to help eliminate congestion?
a. Coordinate movements of vehicles and pedestrians
b. Implement rerouting scheme
c. Eliminate turns, control parking, use turning lanes and coordinate other intersections
d. Construct median islands
18. The proper way to direct traffic is –
a. To use one hand signal and one at a time at should level only
b. To use hands one at a time either above or shoulder level
c. To use one hand at a time and sometimes two hands signal
d. To use always both hands at shoulder level
19. When directing at night used:
a. Relectorized hand
b. Reflectorized hand gloves and vests
c. Flash lights
d. Flashlights, reflectorized hand gloves and vests
20. Accident classified according to severity are:
a. Fatal, non-fatal, property damage
b. Death, property damage
c. Physical injuries and death
d. Slight, less serious physical injuries

I. DEFINITIONS:
Direction: Give the concise definitions of the following terms:
01. Corpus Delicti
Answer: Body or fact of the wrong
01. Traffic
Answer: refers to movement of people, good, vehicles, or herded or ridden animals
Longer: refers to the movement of persons, goods, or vehicles, either powered by              
combustion system or animal drawn, from one place to another for the purpose of
travel.
02. Accident
Answer: refers to chain of events produced unintended injury death or property damage.
Longer: is an occurrence in a sequence of events which produces unintended injury, death
or property damage.
03. Traffic Law Enforcement Action
Answer: refers to action undertaken by the traffic police such as traffic arrest, citation and
giving warning.
Longer: The part of the police traffic law enforcement involving arrest, citation or warning
of any person believed to have violated a law ordinance or regulation pertaining
on the use of traffic ways when the person has knowledge of those and when it is
 to:
a) prevent such violations from endangering persons or property or
inconveniencing other users of the traffic way:
b) prevent continued violations; and
c) discourage future repetitions
04. Traffic Arrest
Answer: Taking into custody of a traffic violator
Longer: It is an enforcement action which consists of taking a person into custody for the
purpose of holding or detaining him to answer a charge of law violation before
a court.
a) offense committed is serious;
b) detention is necessary to avoid continued violation; and
c) there is reasonable doubt that the violator will appear in court.
05. Traffic Citation
Answer: A ticket issued as a summon for a traffic violation
Longer: It is means of having a violator appear in court without physical arrest. The
issuance of citation is the most common enforcement action by the police. This is
an efficient system since majority of violators with minor offenses are punished
promptly by paying fines at an administrative body without court appearances.
06. Traffic Patrol
Answer: A traffic cop roving within his area of assignment.
Longer: consists of driving or walking here and there in an area or to and for on a road for
the purpose of traffic law enforcement and to provide traffic connected services to
the public.
07. Pursuit Traffic Enforcement
Answer: Chasing traffic violator
Longer: It is a part of routine enforcement activity performed by the police and is used
when the driver is detected in violations. Pursuit is a part of apprehension of a
violator.
08. Traffic Supervision
Answer: maintaining orderliness on the streets
Longer: Keeping order on streets and highways within existing relation to make their use
safe and expeditions.
09. Traffic Direction
Answer: Telling or guiding motorist and pedestrians on a road or highway.
Longer: Telling drivers and pedestrians when, how and where they may or may not move
or stand at a particular place, especially during emergencies or period of
congestion.
10. Traffic Control
Answer: Control of vehicle and pedestrians on the street.
Longer: control of vehicles and pedestrians at a certain point or certain area by
mechanical means, fixed objects or manpower; or is the control of the movement
of people and goods on existing road network by means of such devices as
signals, signs and markings in a short term and a low capital cost in order to
achieve safety, mobility, good environment and energy conservation.
11. Hit and Run
Answer: a driver fleeing away from an accident he met.
Longer: Evading responsibility is a term commonly applied to a traffic accident in which
a driver fails to comply with any of the duties required as stopping, giving aid,
and revealing his identity.
12. Reckless Driving
Answer: Driving with a wanton disregard for the safety of persons or property
Longer: It is primarily dangerous driver conduct and attitude which indicates a lack of
concern for injurious consequences likely to result.
13. Right of Way
Answer: means the right to proceed ahead of another vehicle or pedestrian.
14. Traffic Signs
Answer: are traffic devices installed along busy roads/highways.
 Longer: are devices mounted or portable support where messages are conveyed by means
of words or symbols, officially erected or installed for the purpose of regulating,
warning or guiding traffic.
15. Pavement Markings
Answer: are painted lines found on busy road pavement
Longer: all lines, patterns, words, colors or other gadgets except signs, set into the surface
or applied upon or attached except the pavement or curbing, or to objects within or
adjacent to roadway officially placed for the purpose of regulating, warning or
guiding traffic.
16. Traffic Light Signals
Answer: are the electrical lights signals installed at the center of the street or intersection.
Longer: a power operated traffic control device by which traffic is warned or directed to
take some specific action.
17. Traffic Islands
Answer: are the elevated areas located at the center of the roadway.
Longer: are areas within the roadway constructed in a manner to establish physical
channels thru which vehicular traffic is guided.
18. Safety Campaign
Answer: are programs enunciated or road propaganda intended to inform the public
Longer: are mass publicity campaign aimed to make road users behave more safely.
These basically focus on public information, attitudes, and particular or specific
behaviors, or combinations of these.
19. Biorythm
Answer: man’s theorized cycles and safely interpretations.
Longer: is the theory which asserts that man exhibit a constant variation of life energy and
mood state.
20. Traffic Accident Investigation
Answer: an activity performed by the police to gather information relative to an accident.
Longer: the act of determining what happened and who and what was involved in a traffic
accident, usually at the scene of the accident.

II. ACTION TEST

Direction: A police administrator who knows that an officer who can tell in advance
what action should be taken in a given situation is the one most likely to do                 the
right thing when occasion arises. Write in logical order what you will do                 on
the following situation:
01. You are told by your chief to conduct accident investigation of a collision between two
vehicles, and you were told to establish the chain of events. What are the chronological
arrangement of events. Indicate along one side the numerical sequence.
_____ maximum engagement
_____ stopping or resting
_____ perception of the hazard
_____ initial contact
_____ start of evasive action
_____ disengagement
02. A veteran accident investigator always work in precision, thus, he can quickly terminate or
finish his investigation within utmost reasonable time. These sequences of activities
performed are undertaken as follows:
_____ seeking facts
_____ emergency measures to keep the accident from getting worse
_____ duties resulting from having special knowledge or responsibilities in connection
with the accident
_____ recording information
_____ forming opinions about the accident
03. In conducting at scene investigation, training is required to develop special skills necessary
to perform the following sequence of tasks:
_____ photographs final positions of vehicles
_____ photograph marks and debris on the road at the accident scene
_____ make preliminary tests for intoxication
 _____ measure to locate marks on the road and debris
_____ find and identify possible witnesses
_____ photograph external damage to vehicles and roadside objects
_____ measure to locate final position of vehicles and bodies of persons killed and/or
incapacitated
04. Five times during investigation at the scene the situation can be evaluated well enough to
plan what to do next. These stages of planning are arrange as follows:
_____ when urgent data collection is complete
_____ on arrival at the scene of the accident
_____ on learning of the accident
_____ when emergency is under control
_____ when work at the scene is finished
05. On learning of the accident, the investigator must plan the following sequences of
procedures:
_____ decide whether to go to the scene
_____ ask first exactly when and where did the accident happen
_____ start for the scene
_____ arrange for needed help
_____ choose best approach
_____ be alert for vehicle learning the scene
B. Direction: A police assigned as accident investigator is highly trained in his assigned task.
He knows all the procedures he has to undertake as required. Below, are some
situations where the investigator is called to list or prioritize his action taken.
01. On arrival at the scene of the accident, the investigator should:
_____ select a plan where he could safely (will he block traffic?
Can illuminate the scene? Etc.)
_____ look over bystanders and others for drivers, possible witnesses and volunteer           
helpers.
_____ look for fire and electrical hazards. Get them under control
_____ look for congestions
_____ care for injured
_____ ask for emergency assistance from bystanders or others
_____ locate drivers
_____ look for witnesses at scene
_____ arrange for clearing roadway.
02. When the emergency is already under control, the investigator should:
_____ make preliminary questions to drivers
_____ gather clues for hit-and-run case
_____ question other witnesses
_____ observe vehicle condition
_____ photograph tire marks and location of vehicles
_____ measure to locate marks on road and vehicle final position
_____ record place to which injured persons and damage vehicles were or are to be taken
_____ have road cleared if traffic is constructed
03. When urgent date collections is finished or completed, the investigator should:
_____ decide whether proof of violation is sufficient for arrest
_____ tells drivers what reports they make and dismiss them
_____ have involved parties exchange names and insurance data
_____ determine exact location of accident and record it
_____ make test skids, if needs and not possible later
_____ complete examination of vehicles
_____ make additional photograph. (View obstruction vehicle damages, pavement
condition, control devices, general views)
_____ get additional statement from witnesses remaining at scope
_____ measure for map if location will be difficult to revisit.
_____ clean up location or arrange to have it done
_____ report to headquarters.
04. When work at the scene is finished the investigator should:
_____ notify relatives of dead or injured and owner of the vehicle
 _____ inform other agencies of conditions needing attention
_____ identify all notes with place and title
_____ complete factual data report if not complete at scene
_____ complete report. Submit for approval and file
_____ present case summary to prosecutor
05. On getting facts by interviewing drivers and witnesses, the investigator should:
_____ identify drivers and witnesses
_____ reduced statements into writing
_____ verify the statements based on other facts such as physical
evidence and observations by the investigator.

GLOSSARY
NOTES ON TRAFFIC

1. Attribute – any inherent characteristic of a road, a vehicle, or a person that affects the
probability of a traffic accident.
2. Cause – the combination of simultaneous and accentual factors without any one of
which result could not have occurred.
3. Coefficient of friction – a number representing the resistance to sliding of two surfaces
in contact; the drag factor of a vehicle or other object sliding on a roadway or other
surface required to keep an object sliding on that surface in motion, divided by the force,
of the object against that surface; measured in pounds per pounds; often designated by
the Greek letter Mu.
4. 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. Compare with induced damage.
5. Drag factor – a number representing the acceleration or decceleration of a vehicle or other
body as decimal fraction of the acceleration of gravity; f-a/g; the horizontal force needed
to  produce acceleration in the same direction divided by the weight of the body to
which the  force is applied. When a vehicle slides with all wheels locked, the coefficient
of friction  and the drag factor have the same value.
6. Factor – any circumstance contributing to a result without which the result could not have
occurred; an element which is necessary to produce the result, but not, by itself,
sufficient;       operational factor, conditional factor.
7. Final position – the location of a vehicle or body when it comes to rest after a collisions;
final position may be controlled or uncontrolled.
8. First contact – the initial touching of the object in a collision; the time and place on a traffic
unit or traffic way where this touching occurs.
9.  Flip – the movement of a vehicle, without touching the ground from a place where its
forward velocity is suddenly stopped by an object such as a curb or furrow-in below its      center
of mass with the result that the ensuing rotation lifts vehicle off the ground. A flip is      usually
sidewise but if it is endwise, it is spoken of as a vault. Compare with fall.
10. Gas skid – a breaking skid mark which is interrupted by release and reapplication of brakes
or which terminates by release of brakes before collision. Compare with skip skid.
11. Highway – the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of public for purposes of vehicular travel, a street, a
publicly maintained traffic way.
12. Impact – the striking of one body against another; a collision of a vehicle with another
vehicle, a pedestrian or some other objects.
13. Induced damage – damage to a vehicle other than contact damage. Often indicated by
crumpling, distortion, bendings, and breaking. Induced damage includes done by another
part of the same vehicle. Compare with the contact damage.
14. Maximum engagement – greatest penetration of one body, such as a vehicle, by another
during collision; instant of greatest force between objects in collision; time and place of this
occurrence; position of the bodies with respect to each other at this instant.
15. Middle ordinate – the perpendicular distance between an arc and its chord at the middle of
the chord.
16. Modifier - a circumstance that alters an attribute permanently or temporarily.
17. Momentum – mass or weight times velocity or speed; momentum is a vector quantity.
18. Motor vehicle accident – an accident involving a motor vehicle in transport, but not
involving aircraft or watercraft.
19. Motor-vehicle traffic accident – any motor vehicle accident that occurs on a traffic way or
that occurs after the motor vehicle runs off roadway but before events are stabilized.
20. Operational factor – functional failure of the highway transportation system that contribute
to the cause of traffic accident. The failures may be malfunctions of perceptions, decision,
or performance in trip planning driving strategy, or evasive tactics.
21. Pedestrian – many person a foot, many person not in or upon a motor vehicle or other road
vehicle.
22. Perception delay – the time from the point of possible perception to actual perception.
23. Point of no escape – the place and time after or beyond which the accident cannot be
prevented by a particular traffic unit.
24. Point of possible perception – the place and time of which the hazard could have been
perceived by a normal person. It precedes actual perception and is the beginning of
perception delay.
25. 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.
26. Professional reconstruction – the effort to determine from whatever information is
available, how the accident happened. Reconstruction used to be referred to as determining
“behavioral” or “mediate” causes of an accident. Reconstruction is the fourth
level of traffic accident investigation. It involves studying results of the accident
considering other circumstances, and applying scientific principles to form opinions relative
to events of the accident which are otherwise unknown or are a matter of dispute.
27. Reaction distance – the distance moved or traveled by a vehicle or other traffic unit during
reaction time.
28. Reaction time – the time from perception to reaction.
29. Reference line – a line often the edge of a roadway, from which measurements are made to
locate spots, especially spots along a roadway.
30. Reference point – a point from which measurements are made to locate spots in an area;
sometimes the intercept of two reference lines; RP. A reference is described in terms of its
relation to permanent landmarks.
31. Reporting – basic data collection to identify and classify a motor vehicle and the persons,.
Property and planned movements involved. Only strictly factual information is wanted, no
opinions. Reporting is the first level of traffic accident investigation.
32. Road – the part of a traffic way which includes both the roadway, which is the traveled
part, and any shoulder along side the roadway. Where there are unmountable curbs, the
road is considered to extend to the guardrail.
33. Roadway – “that portion of a highway improved, designed or ordinarily used for vehicular
travel, exclusive of the term or shoulder. In “roadway” as used herein shall refer to any
such roadways collectively. If there is a curb the roadway is considered to extend the curb;
here roadway may include lanes commonly used for parking. If there is a paved shoulder,
the roadway may be distinguished from the should mainly by a painted line marking the
edge of the roadway.
34. Scuffmarks – a friction mark on a pavement made by a tire which is both rotating and
slipping; acceleration scuff yawmarks, flat time marks.
35. Sequential factors – factors which must follow one another to contribute to the cause of an
accident; generally operational factors.
36. Simultaneous factors – factors which must be present at the same time to contribute to the
cause of an accident; generally, condition factors.
37. Skidmark – a friction mark on a pavement made by a tire that is sliding without rotation.
Sliding of wheels may be due to braking to collision damage, or rarely, to other
circumstances.
38. Skip skid – a braking skidmark interrupted at frequent regular intervals; the skidmark made
by a bouncing wheel on which brakes keep the wheel from turning. Compare with gap
skid.
39. Strategy – adjusting speed, position on the road, and direction of motion giving signals of
intent to turn or slow, or any other action in situations involving potential hazards; any
maneuvers while on trip which make evasive tactics easier or increase the chance of success
in avoiding an actual hazards.
40. Tactics – any action taken by the traffic unit to avoid a hazardous situations; steering
braking, accelerating, etc. to avoid a collision or other accident. Often called evasive
action.
41. Technical preparation – delayed traffic accident data collection and organization for study
and interetation. The data collected are essentially factual. Technical preparation
concludes making additional measurements and photographs, preparing maps and diagrams,
simple speed estimates, matching damage areas, and making experiments to obtain specific
data. It is third level of traffic accident investigation.
42. Traffic – pedestrian, ridden, or herded animals, vehicles, street car, and other conveyance
either singly or together while using any highway for purpose of travel.
43. Traffic accident – an accident involving travel transportation on a trafficway.
44. Traffic unit – an element of traffic; a person using a traffic way for travel or transportation;
vehicle, pedal cyclist, pedestrian, etc.
45. Trafficway – the entire width between property lines or other boundary lines, of every way
or place of which any part is open to the public for purposes of vehicular travel as matter of
right or custom. All highways are traffic ways but traffic ways include also some areas
on private property such as shopping center.
46. triangulation – a method of locating a spot in an area by measurements from two or more
reference points, the location of which are identified for future reference. Compare with
coordinates.
47. Vehicle – every device in, upon or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved by human power or used
exclusively upon stationary rails or trucks.
48. Velocity – time rate of change of position in which direction as well as rapidity is an
element; distance divided by time if velocity is constant; a vector quantity measured in feet
per second (ft per sec) or meters per second ( m per sec); v-d/t.
49. wheel base – the distance from the center of the front wheels to the center of the rear
wheels or, if there is a tandem axle, the distance to the midpoint between the two tandem
axles.
50. Yawmark – a scuff mark made while a vehicle is yawning the mark made on the road by a
rotating tire which is slipping in a direction parallel to the axle of the wheel.

MULTIPLE CHOICE :
For each of the following items or statements, four answers are suggested. Each answer
is assigned letters a,b,c, and d. From the four suggestions, select the one best answer by
encircling the letter preceding it.
1. Q. Any incident involving a motor vehicle in motion that results in injury, death or damage
to property -
A. a. hit and run c. traffic accident
        b. reckless driving d. traffic jam
2. Q. A systematic examination of all the facts relating to conditions, actions and physical
features associated with motor collision or accident –
A. a. traffic engineering c. traffic accident investigation
b. reckless driving d. hit and run
3. Q. Term used for an operator of a vehicle which strikes another vehicle, object or person
and left the scene without stopping to identify himself or render aid –
A. a. hit and run c. third party liability
b. reckless driving d. sidesweeper
4. Q. The privileges of the immediate use of the roadway in preference to another vehicle or
pedestrian –
A. a. liniency c. right of way
b. Immunity d. right hand drive
5. Q. Which of the following does not belong to the key event which characterizes the
manner of occurrence of a motor vehicle accident –
A. a. hazardous condition of the road c. non-collission on the road
b. running off the road d. collission on the road
6. Q. Driving without due regard for the consequences likely to occur, ignoring the rights and
safety of others –
A. a. reckless driving c. overspeeding
 b. hit and run d. sidesweeping
7. Q. A combination of simultaneous and sequential circumstances without any one of which
accident could not have happened –
A. a. key event c. results
b. cause d. chain reaction
8. Q. The traffic accident investigator is chiefly concerned with accidents which involves one
or both of the elements namely –
A. a. Motor vehicles and traffic way c. victim and traffic way
b. motor vehicle and victims d. victim and traffic unit
9. Q. What is particularly useful in trying to discover what the driver or pedestrian did or
should have done, but did not do to avoid the accident or make it less serious –
A. a. perceptive point c. point of possible perception
b. point of impact d. point of maximum engagement
10. A. a. getting the facts c. figuring what happened
b. recording the facts d. follow-up
10. Q. Traffic management is composed of the so-called three (3) E’s, namely traffic
ENFORCEMENT, ENGINEERING, AND –
A. a. elaboration c. education
b. extention d. efficiency

INTRUCTION:
The six (6) basic major activities in ordinary traffic accident investigation are listed
below. With the exception of the first step, write on the black space preceding each item if it
should constitute the 2nd, 3rd, 4th, 5th, and last step in the investigative function priority –

_____ 1. Get ready for investigation

__5th__2. Figure out what happened
__3rd__3. Get the facts.
__Last_4. Follow-up
__2nd__5. Keep the accident from getting worst.
__4th__6. Record the facts.

INSTRUCTION:
Causes of traffic accidents are classified as DIRECT, MEDIATE? OR EARLY. Listed
below are the three definitions of these classifications. Write on the blank space preceding each
definitions the words DIRECT, MEDIATE OR EARLY if you believe it is the cause that best fit
it.

Mediate 1. Some irregular or unusual condition of a vehicle, road, weather or a driver or a

pedestrian that directly explain the accident.
Early 2. Act or negligence on the part of some persons or organizations that permit the
existence of an accident-prone areas.
________ 3. Any unconventional or hazardous behavior or negligence by a traffic unit that is
contributory to the occurred of the accident at the time.

Instruction:
There are three major types of tire marks that helps greatly in the investigation of traffic
accidents, namely the IMPRINTING, SCUFF MARK AND SKID MARK . Listed are the
description of each of these tire marks. Write the word IMPRINT, SCUFF OR SKID on the
blank space preceding each description that you believe best fit.

Imprint 1. Impression of the thread patterns.

Scuff 2. Causes by tires both rolling and sliding forward or sideways, usually found round
on the curve of a road.
Skid 3. Marks made while wheels are not rotating.

Enumerationss:
 Answer as briefly as you can the following enumeration questions necessitating the
number of answers as indicated.
1. The three responsibilities to be completed with by a driver involved in a traffic
accident in order to avoid being tagged as a “Hit and Run”.
a. Stopping (He must stop)
b. Giving Aid (He must give aid)
c. Revealing his identity (He must identify himself)

Direction:
Read the following statements carefully and thoroughly. If the statement is TRUE,
encircle the letter T, if it is DOUBTFUL, or possibly only half true, without any word or phrase
that would make it false, encircle D. If it is FALSE, encircle F.

1. Q. – A traffic unit contributory to an accident, but strikes nothing suffers no

damage or injury is termed non-contact unit –
A. a. T b. D c. F
2. Q. - If there is an accident, it is likely to be more serious if speed is low than it is
high –
A. a. T b. D c. F
3. Q. – Accident is characterized by a syndrome or combination of symptom of
relationship between speed, delayed perception and faulty evasive action.
A. a. T b. D c. F
4. Q. - Signs are put up to help prevent accident. When such signs cannot be seen,
the sign becomes contributory to accident -
A. a. T b. D c. F
5. Q. - Blowouts of tires are blame for more accidents that they cause, nevertheless,
as a factor, it should be accompanied by a corresponding factor of lack of skill                         of
the driver -
A. – a. T b. D c. F
6. Q. - In the Philippines, traffic control and management is an exclusive police
function -
A. – a. True b. False c. Neither
7. Q. - Causes of vehicular traffic accidents in the public through fares are caused by
poor control of traffic flow by the traffic personnel –
A. - a. True b. False c. Neither
8. Q. - As you are driving in a public thoroughfare, you approach an intersection with
the traffic light with a “green color” on but a traffic policeman is standing at the
center of intersection conducting the flow normally. As a driver you will ignore
the traffic man and follow the automatic traffic light –
A. - a. True b. False c. Neithe
9. Q. - Barangay Tanods help the police in many ways to include flow of vehicular
traffic in their localities. Apparently the weakness in the use of tanods is the lack
of traffic education of the said tanod –
A. - a. True b. False c. Neither
10. Q. - As a traffic policeman conducting manually traffic flow at an intersection
should give the right of way to a fire truck on its way to gas up in the Camp
Panopio of Karingal where the gas pumps are located –
A. a. True b. False c. Neither

A REVIEW GUIDE FOR CRIMINOLOGY BOARD REVIEWERS

FOR THE SUBJECT: DRUG EDUCATION & VICE CONTROL

Name of Reviewer: P/INSP. GUERRERO (GERRY) C. MARQUEZ

Registered Criminologist – PRC No. 0127
Registered Professional Teacher – PRC No. 0107169
Professor: PCCR, MLQU, SCST
Drug Abuse Resistance Education (D.A.R.E.) Officer
(Accredited by D.A.R.E. America, U.S.A.)
 Board Reviewer: PCCR, MLQU, LUZON UNIV. CCT, BCF, EAC,
MMC, AUF, ICCT, UM
A REVIEW GUIDE FOR CRIMINOLOGY BOARD REVIEWER
For the Subject : DRUG EDUCATION AND VICE CONTROL
Name of Reviewer : P/Insp. GUERRERO (Gerry) C. MARQUEZ

STUDY OF VICES AND ITS CONTROL

CONCEPT OF VICES
DEFINITION OF VICE

Vice is any immoral conduct or habit, the indulgence of which leads to

depravity, wickedness and corruption of the minds and body.

THE DIFFERENT FORMS OF VICES

a. Alcoholism c. Prostitution
b. Drug Addiction d. Gambling

IMPORTANCE OF THE STUDY OF VICES

a. The study of vices important because these crimes are ever present and persistent in all
forms of society.
b. It is important because vices affect the daily lives of more people than any other crime
whether they are victim or offender.
c. It is important because its evil effects are more disastrous morally any physically than
any other crimes.
d. It is important because organized and commercialized vices disrupt the social make-up of
the community.
e. It is important because the existence of vices in the community causes serious problem in
law-enforcement.
f. It is important because the younger members of the society are greatly affected by vice
problems and its control prevents the growth of prospective criminals.

THE EXISTENCE OF VICES IN THE SOCIETY

The existence of vices in the society has been since time immemorial. It dates back
from the early days of civilization and continued to exist through the middle ages and up to the
present. Despite restrictions and prohibitions imposed by the leaders of the changing generation,
vice has existed.
In every community in the world, big or small, there exists some form of vice which
victimize the people. In the Philippines, vice exist in urban (cities) as well as in rural
(provinces) communities. It is greater in the cities than in the towns.

THE SOCIAL PROBLEMS OF VICE

Vice present varied social problems affecting morality, health, economy, criminality
and efficiency of the government. Drug addiction affects the health and morality of the youth
while gambling and prostitution hampers the efficiency of the government with bribery doled
out by maintainers as an instrument of corruption of government officials. Alcoholism breaks
down the moral fiber of the society.
As a social problem therefore, vice control must be a coordinated effort of the following:
a. The home, school, and the church must campaign for the eradication
of vices in the society.
b. The government and the police as an agency of control must embarked
on a repressive measures against vice maintainers.
c. The people must endeavor to achieve moral education and economic
upliftment through their voluntary participation.

REASONS WHY THE POLICE MUST BE INTERESTED IN VICE PROBLEMS

a. It is a fact that vices cannot be totally eliminated but only at most controlled or
regulated. Vices cater to the emotional lives of men. Its course, like the flow of water in a river
cannot be stopped. It can only regulated, Therefore, continued police action of sincere and
honest law enforcement officers can only control the existence of vices.
 b. Vices are connected with other forms of criminal activities. Criminals are important
customers of vice dens. It is the best place for hiding from policemen, disposing off their loot
(stolen properties), relief and recreation and planning future crimes.
c.   Vice dens are often time the scene of frequent fights that disturbs the peace of the
community.

POLICE PROBLEMS IN VICE CONTROL

1. Clandestine nature of the commission of the acts.

2. Lack of cooperation from players, customers, and victims of vices,
3. Enjoyment of goodwill by vice operators
4. Public apathy and indifference
5. Unwilling government officials to work against vice existence

Clandestine nature of the commission of the acts –

Vice acts are always committed secretly and behind closed doors.
Organized prostitution are normally operated in big hotels and rented houses.
Gambling are done inside clubhouses while drug dens are located in small hidden
rooms. In all cases, the place is guarded with look-outs or hired guards. The
operators oftentimes employ gangsters for their protection.

Lack of cooperation from players, customers, and victims of vices –

The lack of cooperation among persons who could help the police in prosecuting
vice operators is a severe handicap in enforcing vice laws. These gambling players,
customers of prostitutes and victims of drug addiction or other vices who maybe utilized
as witnesses of the police but refused to cooperate with law enforcer for fear of
becoming involved in criminal charges or they have been given special favors and
concessions by the vice operators whom they cooperate and support instead of the police.

Enjoyment of Goodwill by Vice Operators –

Vice operators enjoy goodwill either from the politicians who operates the
government or influential businessmen who has indiscreet participation in vice profits.
These goodwill were earned as a result of the past favors extended by the vice operators
to the politicians during the election campaign or help to put up a business for the
influential businessmen. This is an expression of Filipino “utang-na-loob” sentiments.

Public Apathy and Indifference –

Police control of vice is made difficult by the difference of opinion of the public
as to the nature of regulations to be imposed. Some do not show interest in the
prosecution of vices. Others believed that vices is a necessary evil and as long as vice
does not affect him, he is not interested whether the same is controlled or not. Only
citizens who have no monetary interest in vice and who are civic spirited are usually in
favor of full control of vices.

Unwilling Government Officials to Worked Against Vice Existence –

Corruption makes government officials unwilling to work against the existence of
vices. Operators of vice dens sometimes control the local politicians of a city or town.
This is done by giving “kick-back” money to them or their wives or shares with them the
large profit they received. Gifts of great value are sometime the vehicles of corruption.

ORGANIZED AND COMMERCIALIZED VICES

Commercialized vices are organized vice operations partaking the return of a
Legitimate business enterprise. Sometimes they branches out to legal undertaking or businesses
as a front or cover-up to their illegal activities. They have complete personal for purposes of
management supervisions, operation and even attending to their miscellaneous activities under
the payroll of the organization. They have managers for administration various employees for
routine duties, security guards (bouncers) for their continued protection, look-outs and informers
to prevent police raids and arrests and even practicing lawyers for legal services in case of arrest.
The headman or the operator normally is unidentified. Their businesses are interwooven with
each other ranging from prostitution, drug traffic, gambling and sale of liquors to alcoholics
catering to various farms of customers mostly criminals, pleasure seekers, addict, gamblers and
alcoholics. Oftentimes their operation is known to some government officials and becomes the
greatest headache of law enforcers.

LEGAL ASPECTS AND THE PROBLEM OF ALCOHOLISM

A. DEFINITION OF TERMS
1. Alcoholism – is the state or condition of a person produced by drinking
intoxicating liquors excessively and with habitual frequency. (State vs. Savage, 89 Ala. 17 LBA
426, 7 South, Rep. 183). It is a condition wherein a person is under the influence or intoxicated
with alcohol. His physical condition and behavior has been modified to a certain extent by the
effects of alcohol.
2. Alcoholic Liquor – is any beverages or compound, whether distilled, fermented, or
otherwise, which will produce intoxication or which contains in excess of one percentum of
alcohol and is used as a beverage. (State vs. Oliver, 133 S.C. 125, 130 S.S. Rep. 213).
3. Drunkard – is a person who habitually takes or use any intoxicating alcoholic liquor
and while under the influence of such, or in consequence of the effect thereof, is either
dangerous to himself or to others, or is a cause of harm or serious annoyance to his family or his
affair, or of ordinary proper conduct. He has lesser resistance to the effect of alcohol.
4. Chronic Alcoholics – person who, from the prolonged and excessive use alcoholic
beverages, finally develops physical and psycho-changes and dependence to alcohol. The person
consciously or unconsciously begins to demand on alcohol’s narcotic effects for a “pick-up”, to
sleep at night, to feel “good”, to cope with business or domestic problems, to enjoy social
gatherings, to get away from oneself, to repress inner urges or rebellion or resentment, and to
relieve distressing restlessness.
NOTE: This person develops physical and moral deterioration, difficulties with the law, loss of
his job and family problems.

B. HISTORICAL USE OF ALCOHOL

The drinking of alcohol stimulants goes back to time immemorial. The commercial
use of wine is at least as early as the Code of Hummarabi of Babylonia (2380 BS). In the
Philippines, the use of alcohol dates back even before the discovery of the island but no
established facts could show the actual use of the same started.

C. THE CAUSES OF ALCOHOLISM

1. People drink alcohol beverages habitually as a food with their meals because they
think liquor increases their appetite and make the food taste better.
2. Some believes that drinking liquor gives them a lift because of soothing effect of
alcohol.
3. Many believes that alcohol makes them feel sociable because it lowers their
inhibitions allowing them to make unrestrained conversation.
4. The unnecessary prescription of alcoholic beverages as drug due to its depressant
effects such as retardation of assimilation, reduction of circulation and decrease of
respiration.
5. Alcohol provides an escape from the unpleasant realities of life.
6. By drinking, one deadens the pain of failures, anxieties, inferiorities, frustration and
bolsters the battered ego.
7. In our complex society, the use of alcohol, is widely accepted as a glamorizing
symbol of success and superiority.
8. Sociologists find the causes of drinking in culture group relationships and social
processes. They are used for pleasurable purposes.
9. Psychiatrists explained that alcoholism is a release of repressed homosexuality
(biniboy). This accounts for some drinking done by men with other men or by whom
with other women.
10. And finally, physiologists say that alcoholism results from the excess or deficiency of
certain endocrine secretions in the body.
D. DRUNKENNESS AS A CRIME
Most nations in the world have laws making drunkenness a criminal offense. 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 gaiety of a party and commit no crime at all. It is
only when the drunken person exhibits his condition publicly, or disturbs, endangers, or
injured others that he becomes an offender and therefore, subject to arrest and
punishment . Drunkenness, however, are considered misdemeanor punishable by
existing ordinances of certain cities, towns and municipalities. In the City of Manila, the
use of alcohol and other alcoholic beverages are regulated by ordinances as to TIME,
PLACE, AND PERSON.

Regulations on Liquor as to Time

1. Section 679-d, Revised Ordinances of the City of Manila provides that the
selling , giving away, or otherwise, disposal of any beverages or intoxicating liquors shall be
prohibited during the hours of 2:00 to 5:00 o’clock in the morning everyday including Sundays
and Holidays by bars, saloon, restaurants, and other drinking places, except when the selling,
giving away, or otherwise disposal is done on a private dwelling.
2. Section 52, Republic Act No. 180 (Revised Election Code, as amended) Par.
(2) provides “that it is unlawful to sell, furnished, offer, or take intoxicating liquors on any
registration days and on the two days immediately preceding the day of the voting and during
the voting and canvas”.

Regulations on Liquor as to Place

1. Section 1, Ordinance 4153 of the City of Manila provides that “the serving of beer,
liquor or alcoholic beverages of any kind to public by sari-sari stores or similar establishments is
prohibited”.
2. Section 2, (same Ordinances) provides that “the drinking of beer, liquor, or alcoholic
beverages of any kind in sari-sari stores or similar establishments not licenses as restaurant,
panciteria, carinderia, hotel or bar, as well as in the street, by the sidewalk, in an alley, whether
public or private, and in any park, or plazas is hereby prohibited”.
3. Section 679, par. (g), Revised Ordinances (City of Manila) provides that “no license
shall be granted for the sale of intoxicating liquors in public markets, kiosks, booths, or stand
situated in the public streets, or plazas, or to street vendors or peddlers, or in any case, to an
establishment located within a radius of 200 meters from any institution of learning”.
NOTE: The ordinance apply only to those establishment to be opened in the future but not to
those already existing before.

Regulations on Liquor as to Persons

1. section 821, Revised Ordinances, as amended by Ordinance No. 5052 (City of
Manila) provides that “no person shall be drunk or intoxicated, or behave in a drunken,
boisterious, rude, or indecent manner in any public place, or place, or place open to public view,
or be drunk or intoxicated, or behave in a drunken, boisterious, rude or indecent manner in any
place or premises to the annoyance of another person”.
2. Par. 4, Article 155, Revised Penal Code provides that “it shall be unlawful for any
person who, while intoxicated xxxxxx cause any disturbance or scandal in public places ….
Xxx”.
3. Par. (a), Section 838, Revised Ordinances (City of Manila) provides that “the sale,
giving away, or otherwise disposing of any intoxicating liquors to any minor under eighteen (18)
years of age or any person in an intoxicated condition is prohibited xxxxx except when the
minor buys the liquor for some other person and not for their own use”.
4. Par. (c), provides that “it shall be unlawful for any person under twenty one (21)
years of age to drink alcoholic beverages and intoxicating liquors in any saloon, bar,
inn, restaurant, café, or drinking places or any public places”.

E. THE LEGAL CONCEPT OF INTOXICATION AND CRIMINAL LIABILITY

The Revised Penal Code of the Philippine (Art. 15) provides that intoxication is an
alternative circumstance whenever present in the commission of crimes. An alternative
circumstance is one which must be taken into consideration as either MITIGATING (Art. 13,
RPC) or AGGRAVATING (Art. 14, RPC) according to the nature and effects of the crime and
their other conditions attending its commission.
In order that intoxication maybe considered as a mitigating circumstance, two elements
are necessary to be present:
a. First, that intoxication not be habitual, that is, that the person who commits
the offense in an intoxicated condition has become drunk by accident
and not be habit or custom. In the absence of proof to the contrary,
drunkenness will be presumed not to be habitual.
b. Second, that the intoxication be not planted before the commission of
crime, because if the perpetrator deliberately seeks in alcohol the necessary
courage to execute the crime, or a means with which to suffocate any
remorse, or as a mitigation for his offense, then his intoxication would
constitute a premeditation and cannot afford him any excuse; instead it
should aggravate his criminal liability.

Intoxication is aggravating when it is habitual or intentional and subsequent to the plan to

commit a crime. But under our legal concept, intoxication is no defense in the commission of a
crime.

THE AMOUNT OF ALCOHOL NEEDED TO CONSIDER INTOXICATION A

MITIGATING CIRCUMSTANCE –

The Revised Penal Code does not expressly provide the degree of intoxication needed to
mitigate an offense but obviously, it is that amount of alcohol sufficient to produce such an
effect that must diminish the person’s capacity to know the injustice of his acts and his will to
act accordingly. NOTE: The intoxication must operate to weaken the will of the person and to
enable him to commit crime more easily.

F. ALCOHOLISM AS A POLICE PROBLEM

1. Juvenile delinquency and teenage crime are mostly traceable to the indiscriminate
sale of liquor to minors by stores, saloon, bars and other drinking places.
2. Drunkenness has always been connected with many forms of criminal behavior,
usually characterized by violence or negligence.
3. Drunken drivers have been shown by police records to be the major causes of traffic
and pedestrian accidents in the country resulting to loss of so many lives.
4. Alcoholism is always connected with other forms of vices, the alcoholics being
hooked to drug addiction by way of association with others.
5. Drunkenness works injurious to the health and morality of the people forcing the
alcoholics to depravity and to commit crimes, such as the chronic alcoholics.

G. KINDS OF INTOXICATION
1. Involuntary – when a drunken person does not know the intoxicating strength of
beverage he has taken.
2. Intentional – when a person deliberately drinks liquor fully knowing its effects, either
to obtain mitigation or to find the liquor as stimulant to commit crime.
3. Habitual – when the person finds that drinking his a constant necessary and the vice
ultimately takes hold of him.

H. VARIOUS DEGREE OF INTOXICATION

1. Slight Inebriation – there is reddening of the face. There is no sign of mental
impairment, in coordination and difficulty of speech.
2. Moderate Inebriation – the person is argumentative and overconfident. There is slight
impairment of mental difficulties, difficulty of articulation, loss of coordination of finer
movements. The face is flushed with digested eyeball. He is reckless and shows motor in
coordination. The person maybe certified by the doctor as being under the influence of liquor.
 3. Drunk – the mind is confused, behavior is irregular and the movement is uncontrolled.
The speech us thick and in coordinated. The behavior is uncontrollable.
4. Very drunk – the mind is confused and disoriented. There is difficulty in speech and
marked motor incoordination and often walking is impossible.
5. Coma – the subject is stuperous or in comatous condition. Sometimes it is difficult to
differentiate this condition with other conditions having coma.

I. BRIEF EXPLANATION HOW A PERSON GETS DRUNK

Alcohol has its maximum period of absorption from 30 to 60 minutes after ingestion
and it is absorbed in the stomach and in the intestines. Technically, if alcohol is only inside the
stomach and instestine and not yet absorbed, it is practically outside of the body because it
cannot produce its physiologic and neurologic effects.
The rate of absorption of alcohol in the stomach and intestine depends upon the
following factors:
1. Concentration and total quantity of alcohol taken.
2. Nature of food present in the stomach and intestine.
Fatty foods makes absorption of alcohol slower as compared with sugar
and other carbohydrates and protein.
3. The length of time the gastric contents are held in the stomach prior to the
opening of the pylorus
4. Permeability of the stomach and intestinal membrane to alcohol.
5. Chronic drinkers absorb alcohol faster than non-habitual drinkers.
6. Concentration of alcohol in the beverages between 10 and 20% is the most
rapidly absorbed.

J. SYMPTOMS OF ALCOHOLISM ( Immediately after ingestion)

1. There is a sensation of well-being and slight excitement
2. Actions and emotions are less strained
3. Persons become careless and develops increase of confidence in himself
4. Sense of perception and skilled movement slackened
5. Person becomes irritable, sleepy, gay and pugnacious
6. Persons becomes clumsy and incoordinate
7. Speech becomes thick and slurring
8. Incoordination causes the person to become giddy, stagger and possibly fall
9. Finally, the persos passes to the state of coma or vomitting due to gastro-intestinal
irritation.

K. THE POLICE PROBLEM OF DRUNKEN DRIVER

When is a Driver Drunk?
1. Courts are a little vague is to what why mean by “drunken driving”. Some judges
hold that if the alcohol, has, in any way and to any degree, affected the driver’s coordination or
speed of reflex action, then the driver is under the influence of alcohol.
2. For some other courts, the standard appears to be at the driver is drunk “if he does not
possess the clearness of intellect which he would otherwise possess” – a reasonable sounding
criteriom, though difficult interpret. In some courts on the other hand it appears that man is not
“intoxicated within the meaning of the law ……..unless it is shown that he has lost the control of
either of his mental faculties…… or of the muscles of locomotion”. The essence of this formula
is the meaning of the phrase “lost control”.

Proving a Drunken Driver by Police Investigation –

Drunken driving is a violation of the provisions of the Land Transportation Code and the
offender driver is subject to arrest and punishment, confiscation and cancellation of license to
drive. These drunken drivers are not often detected by the police, and yet, they are great hazards
to traffic. Worst, when they commit car accidents resulting to death of persons involved. Great
problem are encountered by police investigator and these two difficulties are:
1. The difficulty of proving a person is drunk without chemical tests; and,
2. The allegation of the driver that taking a test without his consent is a violation of his
constitutional right against self-incrimination.
L. COMMON DEFENSE OF DRIVER AGAINST A FINDING OF DRUNKENNESS

1. That the odor on his breath is due to anti-freeze which spilled on him when he was
filling the radiator of the car.
2. That he used a mouthwash and perhaps that contained alcohol, thus causing the odor
on his breath;
3. That he is a diabetic and his swaying is due to acidosis or to insulin
4. That he had a blow on the head recently and that is why he is staggering
5. That he did not sleep last night and that is why he is groggy.
6. These findings are the effects of the medicine the doctor is giving him
7. That he has been unable to walk straight ever since he hurt his legs or back.
8. That dust blew into his eye which accounts for the redness.

M. CLINICAL EVIDENCE OF DRUNKENNES OR ALCOHOLISM

Clinical evidences are signs or appearances available to the naked eye of an examining
doctor or police investigators which will prove, prima-facie, that a person is drunk without the
need of a chemical or scientific examination. In acute alcoholism, the clinical evidences are
matters of common knowledge.

Some Forms of Clinical Evidences:

1. Clothing – it is untidy, stained and with smell of alcohol.
2. General Appearances – bloodshot eyes, red-faced, groggy stance coordination is lost.
3. Breath – with varying degree of alcoholic odors
4. Speech Content – incoherent, sarcastic, hostile attitude
5. Eyes – dilated pupils, reddened conunctive or glassy appearance
6. Mentality – lack orientation, clarity of thought, no self-control, euphoria, excitement,
depression
7. Tremor and irregular behavior

PHYSICAL TEST FOR DRUNKENNESS 9ROMBERG’S TEST)

The following physical tests are available to the investigator in determining whether a
person under investigation is under the influence of liquor or not:
1. Let the subject stand straight with heels together and with closed eyes for at least one
minute. If he is not drunk, he will not sway to the front or to the sides, but if he is
drunk, the body will not be stable in the absence of any pre-existing disease.
2. Let the subject stand straight with one foot ahead of the other so that the toes foot
touches the heel of another. This will remove the brace to prevent the side sway. If
drunk, there is more likelihood that the subject will sway sidewise and fall. The test
maybe repeated after the subject is free from the effects of alcohol and make a
comparison of stability.
3. Let the subject sit comfortably in a desk and get samples of his handwritings.
Compare these handwritings with those taken when he is free from alcohol.
4. Let the subject bend down and pick up a small object from the floor. If he stumbles,
then his nervous system is not stable and that he maybe drunk.
5. Let the subjects go straight forward to a corner of a room and rapidly turn quickly
and without stopping. Tell him to walk back. You will notice that the subject may
have uncertainty of steps, sidesteps, or staggers while making the turn and in
walking.
6. Let the subject lift two objects from the table and replace them side by side on the
table without fumbling.
7. Let him pronounce distinctly the words like “truly rural” and note whether there is
slurring of speech, especially in pronouncing some consonants.

ADMISSIBILITY IN EVIDENCE OF CHEMICAL TESTS FOR PROVING INTOXICATION

Any chemical and scientific test for alcohol to determine whether a person is under the
influence of alcohol is admissible as evidence in court. Withdrawal of blood from a person and
extraction of urine sample from a person suspiciously drunk to determine the alcohol
concentration in the blood and/or urine is not self-incriminatory. The act is purely mechanical
and it does not utilize the mental faculties of the person or subject. This is important in crime
detection because the person cannot refuse the investigation in submitting himself to a chemical
or scientific examination.

FORMS OF CHEMICAL AND SCIENTIFIC TESTS OF INTOXICATION

1. Analysis of blood for alcohol contents

2. Analysis of urine for alcohol contents
3. Analysis of saliva for alcohol contents
4. Analysis of breath to determine concentration of alcohol
5. Analysis of body tissue and spinal fluid

THE BLOOD-ALCOHOL TEST

This test is the most widely accepted and direct method of determining the concentration
of alcohol in the blood. This is done by physician, nurse or competent technician upon request
of the police investigator. The following are the present two presumptive standards relating to
the interpretation of blood alcohol contents:
a. If there is 0.05 percent or less by weight of alcohol in a person’s blood, it shall be
presumed that he is not under the influence of intoxicating liquor.
b. If there is 0.15 percent or more by weight of alcohol in a person’s blood, it shall be
presumed that he is under the influence of intoxicating liquor.

If the result of a chemical test indicated blood-alcohol concentration in between these

zones, there is no presumption that the person was or was not under the influence of intoxicating
liquor. But the chemical test result is nevertheless competent evidence to be considered in
establishing whether the person actually was under the influence of intoxicating liquor.

The Urine-Alcohol Test:

Urine examination to determine blood alcohol contents gives an acceptable result to the
court although the use of this chemical test is not yet widespread in our jurisdiction. Sample of
urine must not be taken at one time only because urinary excretion of alcohol varies with time.
Excretion is less during the early stage of absorption and may be more than that in the blood
during the later stage.

TREATMENT AND PREVENTION OF ALCOHOLISM

In the treatment of alcoholism, the attitude of the patient is very important. It must be
directed to develop the following conditions of the mind:
1. The patient must want to be cured;
2. The patient must believe that he can be cured; and
3. That the treatment will not fail.
Similarly, the following should be done to the patient:
1. The patient must be deprived of alcohol slowly;
2. He must be given plenty of rest;
3. He must be given adequate exercise;
4. He must be given proper diet; and,
5. Vitamins should be given to him in order to supplant the inadequate consumption of
his food.

The Three Methods of Therapy (Treatment) on Alcoholism:

1. Aversion Treatment
2. Psychotherapy method
3. Program of Alcoholics Anonymous

1. The Aversion Treatment –

This treatment seeks to create an aversion from alcohol by the administration of a
nauseating drug to be followed by a drink of liquor, and thus develops a dislike of alcohol. The
method maybe rather costly since hospitalization maybe required. Moreover, the effect is not
always lasting and treatment must be repeated. Yet, it is said that this method has proven
effective in more than half of the cases.
2. The Psychotherapy Method –
This cure depends upon showing that the real problem of the alcoholic is not the
alcohol itself but the emotional problem that led the alcoholics to drink. This method therefore,
aims to eliminate these emotional tensions. Through therapeutic interviews, it undertakes to
make the alcoholics aware of why he drinks and to provide him with the strength necessary to
combat his problems.

3. The Program of Alcoholics Anonymous –

This method is based on conversion and fellowship. It emphasizes that alcoholics
understand alcoholism better than anyone else; that man is dependent upon God and must turn to
Him for help; that the alcoholic must sincerely desire to stop drinking; and, that he must admit
that he is an alcoholic and cannot drink in moderation.

The alcoholics is encourage to attend the meetings of ex alcoholics, to participate in their

fellowship, and to make himself available for service to others who are suffering from
alcoholism. Members are forced to acquire habits through group influence even if he fails a
number of times. They may talk over their problems with the group and discover that their
problems are vy no means unique. Members may go where alcohol is served, and may ever
serve it to others themselves, but at the AAA parties and meetings, only milk and softdrinks are
available.

The organization utilizes the intimacy of the primary group as therapeutic tool to effect a
fundamental change in the personality of the alcoholic. Its service is supportive rather than
aggressive, and the individual must learn to assume responsibility for his own cure. It is claimed
that 75% of those who participated in the AAA programs have been rehabilitated.

NOTE: No one type of therapy can be effective in alcoholism because each case differs from
others in terms of environmental factors and the reaction of the personality. Incarceration is
futile in the rehabilitation of chronic alcoholics. It is necessary that a psychological and medical
approach be made to the problem for its effective cure.

II - PROSTITUTION

I. Definition of Terms:
1. Prostitution - It is an act or practice of a woman who engage or habitually
  in sexual intercourse for money or profit.
2. Prostitute - A woman who engage in discriminate sexual intercourse
or acts with males for hire.
3. Pimp - One who provides gratification for the lust of others.
4. Operator or Maintainer – one who owns or manages houses of ill-refute where the
business of prostitution is conducted. Sometimes they are called
“madame or mama san”.
5. White Slavery - The procurement and transportation of women
cross stateliness                                        for immoral purposes.
6. Organized Crime - Includes gambling, prostitution, dope (narcotics) and other
illegal or dubious businesses.
7. Whores/Knocker - It is a name often used for all types of prostitute.

II. INTRODUCTION:

Prostitution and gambling are two vices that have plagued or caused so much
suffering to mankind. There is no country in the world that is free of these vices. Many
efforts and many methods have been devised at various times by man in attempting to
control these two evils. However, up to present there has been no effective method of
control. The police of any country have a responsibility to all of the citizens to make
concentrated effort to eliminate these vices. The reason for this is quite simple. The two
vices, prostitution and gambling, have a demoralizing and deteriorating effect upon any
and all societies. Possibly the single item that makes it most difficult to control these
 vice is the wide diversity of public opinion as to degree of control that is desired. Many
people will verbally condemn the two vices, and yet practice or participate in them.

Prostitution is often called the “oldest profession” in the world and records of
prostitution exist since the beginning of recorded history. Prostitution today, although
controlled and against the law in most countries, is still legal in some other countries. In
some countries the laws are designed to combat the so called commercialized type of
prostitution.

III. Two Basic Reasons Why Prostitution Must Be Suppressed

1. Control of venereal disease (VD)
2. Prevent organized crime

Statistics gathered by health organization throughout the world proved beyond any
doubt that      venereal disease increases with an increase in the amount of prostitution.
Crime syndicate wields      enough money and power to manipulate businesses and officials
of major cities. If not controlled      and prevented it will bared corruption and chaos.
For the existence of most of this organized crime, the individual citizen and no
one else is to blame. A certain segment of people must be involved in partaking of the
services offered by organized crime. Otherwise, if citizens refused these services,
organized crime would go out of business.

The Causes of Prostitution

1. Poor social background and personality handicaps are some of the basis for drift into
prostitution.
2. Previous sexual experience, mostly unfortunate and in or out of wedlock.
3. Contact with persons in or on the fringe of the business of prostitution.
4. Love for money and luxury on the part of the prostitute.
5. Lack of restraining check from neighbors, social environments and laxity of social control
much as the agency for religious training and reforms.
6. The influence of contraceptives and preventive treatment for venereal diseases.
7. Efforts to support another vices such as drug addiction or alcoholism.
8. For the unwilling prostitutes, they are victims of white slave traffic such as kidnapping,
keeping them under physical restraint, forcible abduction of women and victims of crime
against chastity.
9. The indifference of law enforcement authorities in safeguarding the virtues of women and
lack of courage of the victim of white slave trade to pursue the prosecution of cases they
filed against the perpetrators.
10. Social causes of prostitution such as:
a) broken families
b) anonymity of city life
c) poverty and other

IV. Types of Prostitutes on the Basis of Operation

A. CALL GIRLS - These are the part-time prostitutes. They have their own legitimate
work or profession but works as a prostitutes to supplement their income. Sometimes
they are tellers, sales-ladies of department stores, waitresses, beauticians, or engage
in similar jobs that they use to make contacts with customers. They receive telephone
calls from a selected group of customers and make arrangements to meet them at a
designated place. She may work alone or in partnership with an intermediary with
whom she shares her earnings.
B. HUSTLER - is the professional type of prostitutes. She maybe a bar or tavern
“pick-up” or a “street walker”. The bar or tavern “pick-up” frequents places where
liquor is sold, sometimes operating with the consent and knowledge of the
management. The streetwalker is the oldest and the most common type of prostitute.
She may worked with taxi-drivers and commits prostitution in a taxi-cab. Her common
customers are the tourists, gamblers, criminals, Addicts and others. Their operation
is oftentimes associated with swindling their customers.
 B. DOOR KNOCKER - this is the occasional or selective type of prostitute. She is
usually a newcomer in the business. Oftentimes, they are motivated by extreme
desire for money due to poverty or supporting their other vices. She makes contact
thru information coming from the professional and hustler who are  friends who gives
her addresses of prospective customers. She frequents hotels and furnished fun
houses. She caters the affluent male members of the business world.
C. FACTORY GIRLS - are the real professional type of prostitutes. She works in
regular houses of prostitution or brothels. She accepts all comers and has nothing to
do with the selecting and soliciting the customers. She works in regular hours or tour
of duty under the direct supervision of the madam or operator of the prostitution
house. She gets her share of the earnings by commission or per customers.

V. Types of Prostitution Houses

A. DISORDERLY HOUSES – usually ridges several number of factory girls or

professional prostitutes and under the control of an organized crime ring. A
“madam” or “maintainer” supervises the operation supported by a staff of teller
(cashier),  bell or room boys, register clerks, watchmen, pimps and security guards
known as bouncer. Their operation appears to be a legitimate business entity  mostly
under the protection of crooked policemen or law enforcement authorities and their
location is prominently known to all their customers. They have number of small
rooms with the prostitutes staying thereat where they wait for customers. At times,
the house provided with secret exits ready for escaping in case of police raids.

B. FURNISHED ROOM HOUSE -usually operated by an experienced “madam” who

rent rooms to legitimate roomers in order to maintain an appearance of
responsibility Purposely, the madam leaves several rooms not rented to legitimate
roomers  for ready use of the prostitution. These prostitutes are mostly the call girls
who make the room their designated places in perpetrating their business. Their rent
is on per customers basis or they maintain the rent continuously but the prostitutes do
not live there permanently but elsewhere to maintain their anonymity and identity.
These houses could be found mostly in flashy subdivision or residential areas.

C. CALL HOUSES - this is where the customers call and the madam makes the
arrangement and  sends the girls by a transporter who is a man or woman to the
place arrangement. The house appears to be a legitimate business house such as service
agencies, travel offices, coffee shops, beauty parlors and the like duly licensed and
registered as such with the government office. However, the telephone number is limited
only to qualified customers as recommended by their pimps who conducts the
background investigation on the ability of the  prospective customers to pay.

C. MASSAGE CLINICS - these houses are operated under a licensed or permit issued
by the government but acts as a front for prostitution where the act maybe done or as
per arrangement.They operate with barbershops with manicurists or“attendants”
and “massagists” who while servicing their customers may make contacts
or the prostitutes or themselves. These prostitutes are sometimes the newcomers in
the business who do not earn much as attendants or massagists.

VI. Dangers of Prostitution and its nature

1. Prostitution is made punishable by the penal laws of the country and its existence has
been the subject of prohibitions by both national and local government.
2. This activity is inextricably interwoven with many other criminal activities such as
Part of organized criminal syndicate. It is often a hang-out for gunmen, gangsters,
dope peddlers, drug addicts, bootleggers, hijackers and others.
3. The prostitute lives a life of shame and the stigma of mismirched character makes her
impossible to return to normal life.
4. Prostitution as an oldest profession cannot be the subject of regulation with the end in
view of eliminating it but can only be minimized since no law regulate the emotional
lives of men.
 5. For lack of medical supervision and control, the spread of venereal diseases and the
acute effect of syphilis on the male customers may cause mental and
physicaldeterioration of the body and even transmitted to the offspring and wife of
the customer since the diseases is contagious.
6. As part of a lucrative business, the white slave trade victimizes the most innocent
members of our womanhood in the society and therefore, destroys their opportunity
in the future

V!!. Control and Prevention of Prostitution

The following schools of thought are the suggested methods of control and prevention of
the existence of prostitution:
A. THE SCHOOL OF REGULATORY CONTROL –
This method maintains the idea that we cannot do away with prostitution unless
we consider the problems and remove the causes of prostitution. The scheme originated
from the French System of controlling the prostitutes under the direction of Napoleon
Bonaparte in 1808 while he was trying to protect his soldiers from the vile of prostitute
exists as well as the supply, the practice cannot be totally eliminated. Arrests, detention
and punishment of prostitutes would only drive them to clandestine Activities in places
where they cannot be effectively controlled and inspected. In view thereof, the following
regulatory policy has been adopted to provide the necessary protection for the society.

1. Segregation of brothels and soliciting to restricted districts.

2. Public licensing of houses of prostitution
3. Registration of prostitutes to protect them from the exploitation
of white slave trade
4. Periodic medical examination of prostitutes and public health education.
5. Legalization of the practice of prostitution under government supervision
and control to make it more realistic.
6. That arrest of prostitutes be handled by non-police agencies but should be
taken care by social workers and medical men.
7. Finally, the rehabilitation of prostitutes by providing them jobs and
facilities to earn a decent living.

B. THE SCHOOL OF TOTAL REPRESSION –

This method believes that prostitution is both a crime and a vice and therefore,
should be repressed and totally prohibited. It maintains that chastity and continence
should be the rule of conduct for everybody and to allow prostitution would be to abet
immorality and white slave trade. As to licensing of prostitution, this school of thought
argues that it invites men to enjoy promiscuity free and easy and without fear of the law.
While it accepts the fact that men may still indulge in prostitution despite repression
measures, but men would be more cautious, apprehensive and afraid of reproach or arrest
from the decent members of the society. This is an American Plan on the control of
prostitution which suggests the following method of suppressing prostitution:
1. Strict enforcement of all legislation against prostitution and all other vices
or activities connected with it.
2. Education of the public regarding sex, prostitution and venereal diseases.
3. Adoption of medical measures and establishments of medical facilities for the
diagnostic and treatment of venereal diseases.
4. Adoption of codes of self-regulation and organization of community cooperation
5. Making it unlawful for both men and women to engaged in prostitution.
6. Increase of penalties now applicable and existing to prostitution at he persons
` who may be punishable in relation to the practice of prostitution.

VIII. Arguments Advanced for Licensing Prostitutes:

Until about 20 or 25 years in many parts of the world a system of licensing
prostitution was popular. This system reflects some semblance of control. This
licensing system based on the theory that the prostitutes would have to submit to medical
examinations and also would have be recorded by the law enforcement authorities. In
this manner it was believed the police could eliminate the undesirable and the diseased.
 There are many arguments advanced for licensing prostitutes and permitting them
to work in designated districts.
It is claimed that such licensing would reduce sex crimes upon women. That it
would eliminate or greatly reduced the crimes of rape, assault with intent to rape, or
molestation of women or children.
It is also claimed that controlled prostitution would help to prevent the spread of
venereal disease or infection.
All recent experiments in “controlled” prostitution have been a dismal failure.
During WW II the houses of prostitution in many cities throughout the world operated
not only under a form of official municipal approval, but also with the approbation of the
military authorities. Sex crimes did not diminish. Rape flourished, and so did venereal
disease.
It is known today that permissive legislation can control only a few prostitute. No
feasible method of medical control has ever truly prevented the spread of venereal
disease by professional prostitutes. And they will be ably assisted by their unlicensed
sisters who will continue to operate unlawfully.

!X. Police Difficulties in Securing Information on Prostitution:

1. Patrons of houses of prostitution avoid any open contact with the police.
2. Usually letters and complaints received by the police are unsigned and the
caller unidentified or anonymous.
3. It is only by maximum effort through diligent work and investigation on the part of
the police       may rid of a community of this evil. (More often locations of these places
of ill-fame will be discovered by diligent work and investigation on the part of the
police).

X. LEGISLATIVE MEASURES AND STRATEGIES ON PROSTITUTION:

1. Article 202, RPC – Vagrants and Prostitutes

a. 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;
b. Any person found loitering about public or semi-public buildings or places or
trampling
or wandering about the country or the streets without visible means of support;
c. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or
pimps and those who habitually associate with prostitutes;
d. Any person who, not being included in the provisions of other articles of this
Code, shall be found loitering in any inhabited place belonging to another
without any lawful or justifiable purpose;
e. Prostitutes.
For the purpose of this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct are deemed to be
prostitutes.
Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism,
by arresto mayor in its medium period to prison correctional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.

2. Article 201, RPC – Immoral Doctrines, Obscene Publication and Exhibitions. The
penalty of prison correctional in its minimum period or a fine ranging from 200 to
2,000 pesos, or both, shall be imposed upon:
a. Those who shall publicly expound or proclaim doctrines openly contrary to public
morals;
b. The authors of obscene literature, published with their knowledge in any form, and
the editors publishing such literature;
c. Those who in theaters, fairs, cinematographers or any other place open to public
view, shall exhibit indecent or immoral plays, scenes, acts or shows; and
 d. Those who, shall sell, give away or exhibit prints, engravings, sculptures or literature
which are offensive to morals.

3. Article 341, RPC – White Slave Trade

The penalty of prison correctional in its minimum and maximum periods shall be
imposed upon  any person who, in any manner, or under any pretext, shall engage in
the business or shall profit by  prostitution or shall enlist the services of women for
the purpose of prostitution.
4. City (Manila) Ordinance No. 4638 (Vag. Prostitution) (Section 822, RO)
5. MMC Ord. No. 85-04-Child Prostitution Law
Prohibiting minors to work in sauna baths, massage clinics and the like.
6. Section 18, Rule 111, INP Rules and Regulations (PD 765)
House of Ill-Refute
Members of the PNP shall not enter any house suspected or reported as being of ill-refute
except in    the performance of duty and if compiled to enter such place shall report the fact to
their superior officer     as soon as practicable.
7. Senate Bill No. 716 – Anti-Obscenity Act of 1988 -
Sponsored by Senator Shahani, Leticia.

GAMBLING
I. Gambling – it is a game or scheme the result of which depends wholly or chiefly upon
chance or hazard
2. Chance or Hazard – is the uncertainty of the result of the game or when the outcome of
the game is incapable of calculation by human reason, foresight, sagacity or design.
3. Lottery – it is a scheme for the distribution of prizes by chance among persons who have
paid or agreed to pay a valuable consideration for the chance to obtain a prize.
4. “Maintainer” – is the person who sets up and furnishes the means with which to carry on
the gambling game.
5. Conductor – is the person who manages or carries the gambling game.
6. Banker – is the person who keeps the money from which the winner is to be paid.
7. Totalizer – is a machine for registering and indicating the number and nature of bets
made on horse races.
8. Wager – is the bet or consideration placed on gambling games.
9. Prize – is the inequal amount due to the winner.
10. Topada – the illegal cockfighting conducted on a day or at a cockpit not permitted by
law.
11. Gullible Person – person who easily deceived especially in crooked gambling.
12. PAGCOR (Philippine Amusement and Gambling Corporation) – office that
controls/regulates gambling games like the casino.

II. INTRODUCTION:
The laws relating to gambling are not all uniform throughout the world. Moreover, the
interpretation of gambling law, is in many cases, seemingly in consideration with the language
of the statues on the subject. Inspite of this, it is still the responsibility of the police to enforce
such laws.
In gambling as in business, the head of the organization is in a position to take the largest
profit. He may have operating for him many gamblers and proprietors using his equipment and
paraphernalia. Each of those person is engaged in a continuing series of criminal acts and each
act result in unfailing monetary gain. The total number of criminal acts amounts into the
hundred of thousands, for which the head of the organization receives a percent of the profit in
each act. Though collected in small amounts, the total amount is enormous. The general public
is unaware of the tremendous sums of money that are diverted from the normal business
channels in this manner.
The tremendous profits from gambling are used to circumvent the law. Funds are made
available to corrupt to influence, to bribe, to campaign, to employ the best legal, talent to retain
in office friendly, public officials, and to remove unfriendly ones. Gambling profits add to
police difficulty in the control of gambling itself.

III. RELATIONSHIP OF GAMBLING TO OTHER CRIMES:

 Communities in which gambling flourishes attract criminals. The unstable character of
criminal and usual lack of normal relations with other persons cause them to seek
recreation in gambling establishments. Their profits from crime are usually spent rapidly
in some form of vice. The gambling operator is also a criminal and normally welcomes
other criminals and sometimes assists them in disposing of their loot, obtaining weapons
and planning other crimes.

Communities where gamblers always have a high crime rate. Establishments and
districts, containing them are frequently the scenes of murders assaults and drunkenness.
Private persons, when victimized by crooked gambling, sometime commit suicide,
embezzle funds and commit a variety of other serious offenses. The existence of
gambling in a community therefore greatly increases the task of the police. Many
professional gamblers will play only when there is a certainly that they will win. These
gamblers play with gullible (easily deceived) native persons who fail to realize that the
game they play is so fixed and controlled that there is no possibility of their ever
winning. These “sure thing” gamblers used marked cards controlled roulette wheel and
slot machines. The most common of the crooked gamblers are those who play with cards
and dice. They have little difficulty in finding gullible people with whom to play.

IV. CLASSIFICATION OF GAMBLING GAMES

1. Those who are absolutely or per se prohibited

Examples:
a. Under Art. 195, RPC – monte, jueteng, other form of lottery, policy, banking
or percentage game and dog races;
b. Faro and roulette is absolutely prohibited by the Gambling Law.
2. Those which are regulated by law. These games are regulated in the sense that the
law allows the same to be played except on certain specified of the day.
Examples:
a. Cockfighting under Art. 199, Revised Penal Code;
b. Horse Racing under Art. 198, Revised Penal Code;
c. Panguingue, cuajo, domino, mahjong, entre cuatro, and other under Sec. 828,
Revised Ordinances of the City of Manila

IV. REQUISITES/ELEMENTS OF THE CRIME OF GAMBLING

1. That money or other consideration of value is at stake
2. That the result of the games depends wholly or chiefly upon chance or hazrd
In cases of lottery, there must be:
1. consideration;
2. chance, and;
3. prize or the inequal amount due to the winner

NOTE: Lottery becomes punishable only when the participants buys ticket only for purposes of
participating in the lottery but not when the participation is only incidental to buying a certain
good wherein the participation entitles the buyer an equal value of his money’s worth.

VI. ACTS PUNISHABLE IN GAMBLING

1. In cases of gambling games absolutely prohibited under Article 195, Revised Penal
Code:
a. taking part directly or indirectly in gambling;
b. knowingly permitting any form of gambling to be carried on any place owned or
controlled by the offender;
c. being a maintainer, conductor, or banker.

2 . In cases of lottery under Article 196, or banker.

a. Possession of lottery lists which pertains to, or used in the game;
 b. Importation, selling or distribution in connivance with the importer of lottery
tickets
c. Selling or distribution without connivance with importer.
2. In cases of horse racing under Article 198, Revised Penal Code:
a. Betting on horse races during the periods or days not allowed by law, such as:
1. Ordinary working days, but not legal holidays and those not allowed by the
Games and Amusement Board.
2. July 4th (now June 12, Independence Day) under Rep. Act N0. 137.
3. December 30th of each year commonly known as Jose Rizal Day under Rep.
Act No. 229.
4. Any registration or voting days under Rep. Act No.180, as amended (Revised
Election Code).
5. Holy Thursday and Good Friday under Rep. Act No. 946.
b. Maintaining or employing a totalizer or other device or scheme for betting on
races or realizing profit therefrom.
c. Under Rep. Act No. 3063, the operation and maintenance of “bookie joints” not
authorized by the Games and Amusement Board and acting as “collector” or
“solicitor” of bets on horses races for the bookie joints are prohibited.

4. In cases of illegal cockfighting under Article 199, Revised Penal Code:

a. Betting money or other valuables and organizing such cockfights at which bets are
made on a day other that permitted by law.
b. Betting money or other valuables and organizing such cockfights in a place other than
a licenses cockpit.

5. And finally, making bets which are offered and accepted upon the result of a boxing or other
sports contest is punishable by Article 187, Revised Penal Code and Section 830, Revised
Ordinances of the City of Manila.

NOTE: A mere bystander or spectator in a gambling game is not criminally liable, because he
does not take part therein, directly or indirectly. Mere presence in a gambling house or cockpit
is not punishable.

VII. DANGERS OF THE VICE OF GAMBLING:

1. An evil that undermine the social, moral and economic growth of the nation.
2. It is beyond the good morals which has the effect of causing poverty, dishonesty, fraud and
deceit.
3. It causes man to neglect his social obligations and the welfare of his business as a source of
income.
4. Women and mothers who wasted her time at the gambling board may neglect her duties to
the children and cause serious problem and proliferation of juvenile delinquency.

VIII. CONTROL OF GAMBLING AND PROSTITUTION (OBTAINING EVIDENCE

AGAINST A GAMBLING HOUSE AND A HOUSE OF PROSTITUTION)
Laws relating to public morals which mainly concern a Police Department, are those
designed to combat prostitution and gambling. For this reason, a :Vice Division” should be
created within a police department, if it is to suppress gambling and prostitution effectively and
enjoy the advantages of suitable control. Such division fixes responsibility and assures a
continuing and constant control.
Although the police constantly harass the vice operators by arresting employees and
agents and confiscating equipment, they are not able, generally operator. They harass but do not
destroy the organized operator. The police must do more than this if they are to stamp out
commercialized vice. They must smash the head of the organization in its operation is to be
stopped.
The specialization provided by a vice division enables the members of that division to
study the legal procedures relating to the control of gambling and prostitution and to learn
identity, locations and methods of operation of persons engaged in this activities. This centralize
information and police action, thus lessening the possibility of information “leaks” and “tip-
offs”.
 In police organizations, as in business of industry, there are few who prove false to the
trust placed in them. In some instances, police officers have been found to be on the payroll of
the vice operator. Thus, police methods and anticipated police actions have been furnished the
underworld in advance.
The control of gambling and prostitution requires the application of sound judgment.
Decision must be made that often have far-reaching consequences. The Vice Division head
should report directly to the Chief of Police or to an Assistant Chief in a very large department.
This close control of the vice divisions by the head of the department is justified because of the
confidential nature of its work and its significant effect on the health and stability of city
government and on the criminal element of the community. Because gambling and prostitution
operations involves large profits, a strong effort to corrupt officials can be expected to hinders its
control. Even though only one officer is engaged in control of gambling and prostitution, he
should report directly to the chief of police.
Information obtained through the vice division investigations has sometimes revealed
that mayors and high-ranking police officials are corrupt. In the many countries where this has
occurred, those involved have been removed from office and proper criminal proceedings
initiated. Many have been sent to prison.

IX. SUGGESTED CONTROL AND PREVENTIVE MEASURES

1. The government thru its law enforcement agencies must conduct a consistent and
continued raids, arrest and closure of suspect gambling dens.
2. The courts and the law makers must enact and apply the law with more teeth as a
deterrent factor.
3. The economic structure of our country must cater to the large majority of our
population to provide mass employment and prosperity of the people in terms of
income.
4. The building of more recreational and athletic facilities to divert attention of the
people from gambling activities.
5. Active participation of NGO’s (non-government organization) in the campaign
against vices especially gambling.

X. LEGISLATIVE MEASURES/STRATEGIES ON GAMBLING

Generally the laws relating to gambling prohibit any person or persons from profiting
from the operation of any game of chance, or game, apparatus or device in which the outcome is
determined solely by chance, or gambling of any sporting event. Therefore cards dice and other
similar games, devices or apparatus are forbidding where a person or person profit from the play
by taking percentage of each pot or hand, charging a fee of some kind, or when such games are
supported financially by the operator of the enterprise. Wagering (Act of betting) on sporting
events such as horse races, soccer, basketball and other amateur and professional games is
criminal act only when the person or persons concerned take or placed bets outside of that
allowed by the law.
In the Philippine betting on horse racing Jai-Alai and the national, lottery are legal. This
is gambling “per se” even though it is legal; all other gambling is illegal.
Customs dictates the law in many cases and the laws of other countries in relation to
gambling will vary. Therefore, the above definition is probably as close as can be given as an
explanation of gambling that will apply to all types.

LAWS RELEVANT TO GAMBLING

1. PD 1602 - Prescribing Stiffer penalties on illegal gambling
2. PD 510 - Law on Slot Machines
3. PD 449 - Illegal Cockfighting
4. PD 483 - Game fixing in Sports Contest
5. PD 1306 - Jai-Alai bookies
6. RA 3063 - Horse Racing Bookie
7. Art. 195-199 R.P.C. - Forms of Gambling and Betting
8. LOI No. 816 – Exclusion of certain prohibited games under PD 1602
9. Rule III, Sec. 21, PNP Rules and Regulations (PD 765) GAMBLING
No member of the PNP shall engage in any form of gambling prohibited by law.
 10. Sec. 823, R.O. - Gambling Dens (Maintainer/Operator)
11. Sec. 824, R.O. - Gambling Devices, Possession of Pinballs
12. Sec. 827, R.O. - Gambling (Players)
13. Sec. 828, R.O. - Mahjong, Regulated Games
14. Sec. 830, R.O. - Betting in Athletic Contest
15. Sec. 831, R.O. - Illegal Cockfighting (Tupada)

XI. INSTRUCTIONS TO POLICE OFFICERS

Officers on “Post” should bear in mind that unlawful card games, dice games, etc. are
usually carried on in places under a club charter, private dwellings, vacant buildings,
private buildings, cheap bars, upper floor of garages and even large trucks. Gambling
should be suspected whenever the nature of the business carried on in such a place is
suspicious and free inspection of the police is not allowed by the person in charge of the
premises, especially so when the premises are frequented by known gamblers.

XII. HOURS OF WORK OF MEMBERS UNDER THE VICE DIVISION:

Vice Division members should work as a team and their effective strength should not be
assigned to more than one shift. Their hours should be flexible and judged on the basis
of the need. Certain hours of work are more desirable than others. As most gambling
and prostitution violators start between the hours of 7:00 or 8:00 in evening and
diminished around 3:00 or 4:00 in the morning, it is recommended that the vice squad
work as a team during these hours. The hours, should however, remain flexible enough,
change in the event of emergencies and special events.

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.

DRUG ABUSE
Is the overuse or consumption of drugs other than for medical reasons.
Abuse of drugs and other substances can lead to physical and psychological dependence.

DRUG DEPENDENCE
Characterized by the compulsion to use a drug to experience psychological or physical effects
despite deterioration in health, work, and social activities.
It is a cluster of physiological, behavioral and cognitive phenomena of variable intensity in
which the use of psychoactive drug takes on a high priority thereby involving, among others a
strong desire or a sense of compulsion to take the substance and the difficulties in controlling
substance taking behavior in terms of its onset, termination, or levels of use. (RA 9165)

TYPES OF DRUG DEPENDENCE

Physical Dependence - can only be discernible when drug intake is decreased or stopped and
an involuntary illness called the withdrawal syndrome occurs.

Psychological Dependence - Exhibited when a user relies on a drug to achieve a feeling of
well- being. The most extreme from of this is the obsession of the user with the drug, thus
focusing virtually all his interest and activity on obtaining and using it. It is also arises from the
ability to satisfy some emotional or personality needs of an individual.

FORMS OF DRUG DEPENDENCE

Tolerance - A form of physical dependence, occurs when the body becomes accustomed to a
drug as the drug is repeatedly taken in the same dose. It now requires ever- increasing larger
doses to achieve the same desired effect. Tendency to increase dosage to maintain the same
effect in the body.
Habituation - A form of psychological dependence, characterized by continuous desire for a
drug. A person believes that the drug is needed to function at work or home because drugs often
produces an elated/ excited emotional state.
Addiction - a form of physical dependence, severe craving for the drug even to the point of
interfering with the person’s ability to function normally.

SOME RECOGNIZABLE SIGNS OF DRUG ABUSE

Sudden shift in attitudes and demeanor
Mood swings
Highly excitable and displays fits of rage and aggression
Unusual effort to conceal needle marks.
Wearing dark eyeglasses to conceal constricted or dilated pupils and bloodshot eyes
Sudden regression from usual and normal capabilities
Neglect of personal grooming, hygiene and appearance
Engaging in petty crimes to support illicit habit
Association with known drug users

COMMON REASONS WHY PEOPLE TURN TO DRUG ABUSE

Parental influences - unhappy home, parents showing little or no interest in their children,
Abuses committed by parents such as harsh physical punishments; Lack of parental values;
parents who are permissive and liberal; parental neglect; domestic violence; role modeling.
Peer influences - Drug using friends encourage, pressure even, a youth to experiment with
drugs.
Personality Factors - Curiosity or the desire to experience a new state of consciousness;
Escape from physical and mental pain, relief from boredom and frustration, and desire to escape
from harsh realities; unable to conform with social standards; weak personality or low sense of
self esteem.
TYPES OF DANGEROUS DRUGS
DEPRESSANTS Also known as “downers”, are drugs which act on and depresses the central
nervous system causing initial relaxation leading to drowsiness and sleep. Used of downers
results to impairment of judgment, hearing, speech and muscle coordination. They dull the
minds, slow down the body reaction to such extend that accidental deaths and suicides usually
happen.
OTHER NAMES AND HOW DOES IT LOOK LIKE
Barbiturates – Downers, Barbs, Blue Devils, Yellow Jackets, Yellows, Nembutal, Seconal,
Amytal, Tuinals
RED, YELLOW BLUE, or RED AND BLUE CAPSULES
Methaqualone – Qualudes, Ludes Sopors, Mandrakes
TABLET form
Tranquilizers – Valium, Libriu Equanil, Miltown Serax, Tranxene
TABLET or CAPSULE form

TYPES OF DEPRESSANTS
Narcotics - The term narcotic basically refers to drugs that produces a depressant effect on the
Central Nervous System. Medically they are potent painkillers, cough suppressant and active
component of anti-diarrhea preparations. Narcotics relieve pain by acting on specific structures,
called receptors, located on the nerve cells of the spinal cord or brain. The usual method of
administering these drugs into the body is by injecting, ingestion or inhalation.

Opium - Refers to the flowering plant of the species papaver somniferum. It is derived from
the Oriental poppy plant which is grown in Asia and can also be found in other areas such as
Mexico. The plant is usually 3 or 4 feet high, raw opium is dark brown in color and is bitter in
taste. A number of alkaloids are derived from this substance, the most of which are morphine,
heroin, and codeine. The plant displays a beautiful flower that ranges in color from white to
purple.
OTHER NAMES: Paregoric, Dover’s powder, Parepectolin
LOOKS LIKE: Dark Brown Chucks
USED: Smoked ; Eaten
Morphine - It is the most important alkaloids and constitutes about 10 % of the use raw
opium. It is converted from raw opium through a relatively simple boiling and filtering process.
One of the most significant development in history took place in the early 19th century, when
Friedrich Serturner, a German scientist isolated morphine from opium.
OTHER NAMES: Pectoral syrup, Sweet Morpheus
LOOKS LIKE: White Crystals, Hypodermic Tablets, Injectable Solutions
USED: Smoked ; Taken Orally ; Injected

Heroin - It is the most commonly abused narcotic in the world. To produce heroin, the
chemist takes an equal amount of morphine and acetic anhydride and heats them together for six
hours. It was discovered by Alder Wright (1896), a British chemist. It promised to cure
addiction from opium and morphine. It is a white, odorless, crystalline powder with a very
bitter taste.
OTHER NAMES : Smack, Horse, Brown Sugar Junk, Mud, Big H, Black Tar
LOOKS LIKE : WHITE to DARK BROWN TAR-LIKE SUBSTANCE
USED: INJECTED or INHALED THOROUGHLY

ÒCodeine - Also known as Methylmorphine. It is similar to morphine , but its effect is weaker
in intensity. Cough preparations generally contain one grain of codeine per fluid ounce. It is also
available in tablet or powder form. It was isolated from morphine in the year 1832.
ÒOTHER NAMES: Empirin, Cough Syrups, Tylenol w/ Codeine
ÒLOOKS LIKE: Dark Liquid , Capsules ,Tablets
ÒUSED: Taken Orally ; Injected
Ò Methadone - a synthetic narcotic used as treatment of heroin dependence but also fallen to
abused. Other than methadone, other most commonly known synthetic opiate substitute are
meperidine (demerol) and darvon.
ÒOTHER NAMES: Dolly, Dolophine, Amidone
ÒLOOKS LIKE: Solution
ÒUSED: Taken Orally ; Injected

EFFECTS OF NARCOTICS
Ò Produced a short lived feeling of pleasure, euphoria and a positive sense of well being known
as “thrill”, “rush”, or “high”.
Ò Constrict pupil of the eye causing difficulty in vision
Ò On a large dose, it causes nausea, vomiting, and difficulty in breathing
Ò It induces sleep with a slow, shallow respiration
Ò Overdose cause convulsion, followed by cessation of respiration leading to death

STIMILANTS Drugs which induce alertness, wakefulness, elevated mood, increased speech,
mental and motor activity, relieve fatigue or boredom and decreased appetite.

TYPES OF STIMULANTS
Ò Cocaine - The drug taken from the coca bush plant. (Ertyroxylon coca) which usually grows
in South America. Cocaine, in its pure form, is also white and made up of shiny, colorless
crystal and understandably called “snow” in the junkie jargon. It is one of the strongest short
acting stimulants.
ÒOTHER NAMES: Coke, Snow Flake, White Blow, Nose, Candy, Big C, Snow-bird,
Lady
ÒLOOKS LIKE: White Crystal-line powder (often diluted)
ÒUSED: Inhaled ; Injected ; Smoked

Ò Amphetamines - usually prescribed to reduce appetite and to relieve minor cases of mental
depression. This drug is representative of a broad class of stimulants known as “pep pills”. The
most common and widely used preparations of the drug are methamphetamine, amphetamine
sulfate, dextroamphetamine, which are known and sold under such trade names as Benzedrine,
and Dexedrine. These drugs achieve their effect by increasing the amount and activity of the
neurotransmitter (noradrenaline) within the brain thus causing psychic effects.
ÒOTHER NAMES: Speed, Uppers, Ups, Black Beauties, Bumblebees, Hearts,
Benzedrine, Dexedrine, Shabu
 ÒLOOKS LIKE: Capsules, Pills, Tablets
ÒUSED: Taken Orally ; Inhaled ; Injected

Ò Methylenedioxymethamphetamine - (MDMA)- It is commonly known as “Ecstasy” It is a

white, yellow or brown in color with a bitter taste and comes in the form of either a tablet,
capsule or powder. Its tablet form comes in various designs and shapes hence it is dubbed as
“designer drugs”. It was first became popular in the US as recreational drug, followed later by
European and eventually gained popularity in other parts of the world including in the
Philippines. Owing to its expensiveness, most abusers are categorized among the elites, yuppies
(young urban professionals) and nocturnal party goers.

Ò Methamphetamine hydrochloride - Commonly known as “shabu”. It is a white odorless

and crystalline powder with bitter taste. It is popularly known as poor man’s cocaine. It is
considered as the most abused stimulants in the Philippines. At present, this chemical has no
known medically acceptable use.

EFFECTS OF STIMULANTS
Ò Causes irritability, restlessness, hyperactivity, anxiety etc.
Ò Impairs judgment and causes deep depression and physical exhaustion after single dose of
moderate strength wears off
Ò Causes undesirable, acute psychotic consequences such as suspiciousness, hostility,
persecutory delusions, violent and destructive behavior and recklessness
Ò Physiological effects like hypertension, chest pain, irregular heart rate, convulsion and cardiac
arrest leading to death.

HALLUCINOGENS More popularly known as “psychedelics ”, is a group of natural or

synthetic psychoactive drugs that produce reactions such as perceptual alterations and changes in
the state of consciousness. These drugs generally produced marked distortion of the senses and
alter the way time is perceived by the user. They produce hallucinations or visions, hence the
name. Chronic use lead to bizarre and anti-social thoughts as well as to disorientation and
confusion. These drugs work by exciting the Central Nervous System and inhibiting the flow of
serotonin, an important neurotransmitter in the brain.

EXAMPLES OF HALLUCINOGENS
Ò Lysergic Acid Diethylamide (LSD) - a compound produced from lysergic acid, a crystalline
substance derived from the fungus claviceps purpurea which infects wheat. It was discovered by
Dr. Albert Hoffman while working in a Swiss Pharmaceutical company. Known on the street as
“acid”, it is the best known and most potent hallucinogens.
ÒOTHER NAMES: LSD, Acid, Green/Red Dragon, White Lighting, Blue Heaven,
Sugar Cubes, Microdots
ÒLOOKS LIKE: Bright Colored Tablets, Thin Squares of Gelatin, Clear Liquid
ÒUSED: Taken Orally ; Can be applied to the Eyes

Ò Mescaline - aka STP which stands for serenity- tranquility- peace- a drug derived from the
dried tops of the peyote cactus, a small cactus native to Mexico.

Ò Psilocybin - hallucinogenic compound obtained in mushroom, psilocybe mexicana.

Ò Phencyclidine (PCP) - considered as a menace and highly dangerous drug because it can be
easily synthesized, this drug has no medical purpose for humans but it is occasionally used by
veterinarians as an anesthetic and sedative for animals. It is popularly known as angel dust.

Ò Marijuana (Cannabis Sativa) - Marijuana is a Mexican term meaning pleasurable feeling. It

is a mixed preparation of the flowering tops, leaves, seeds, and stem of the hemp plant. The
plant may grow from 3 to 10 ft high. The flowering tops of both male and female plant produce
a sticky resin which contains Tetrahydrocannabinol or THC. It is known as the world oldest
cultivated drugs used by the Incas of Peru.

EFFECTS OF MARIJUANA
ÒFaster hear beat and pulse rate
ÒBlood shot eye
ÒDry mouth and throat
ÒAltered sense of time or disorientation
ÒForgetfulness and inability to think
ÒImpaired reflexes/ coordination
ÒAcute panic – anxiety reaction- extreme fear of losing control

FIELD TEST FOR DANGEROUS DRUGS

ÒMarijuana - Duquenois- Levine test (Red)
ÒShabu - Symone’s test (purple)
ÒLSD - Van urk test (Blue purple)
ÒOpium - Marquis Test (violet)
ÒAmphetamines - Marquis test ( red/ orange)
ÒBarbiturates - Dilli Koppanyi/ Zwikkers test (violet/ blue)
ÒCocaine - Cobalt thiocynate (blue)

PHILIPPINE DRUG ENFORCEMENT AGENCY

Ò For thirty years, RA 6425, otherwise known as the Dangerous Drug Act of 1972, had been the
backbone of the Philippine drug Law enforcement system. Recognizing the need to strengthen or
replaced the existing anti- drug laws, Pres. Gloria Arroyo signed RA 9165 or the Comprehensive
Dangerous Drug Act of 2002, on June 7, 2002 and it took effect on July 4, 2002. The new anti-
drug law defines more concrete course of action for the national anti-drug campaign and imposes
heavier penalties on offenders.
Ò The enactment of RA 9165 as reorganized the Philippine Drug Law Enforcement System.
While the DDB remains as the policy making body, it created the PDEA under the office of the
Pres. The new law also abolished the National Drug Law Enforcement and Prevention
Coordinating Center, PNP Nargrp, NBI narcotics unit, and the customs interdiction office.
Personnel of these abolished agencies were to continue to perform their tasks on detail service
with the PDEA subject to a rigid screening process.
Ò The PDEA was officially activated on July 30, 2002 when the Pres. Appointed its first
director Gen, Undersec. Anselmo Avenido Jr. One year after the creation of the PDEA, the Pres.
Issued E.O. 218 on June 18, 2003 to strengthen the support mechanism for the PDEA as the lead
agency in the campaign against illegal drugs. The PNP organized the PNP AIDSOTF, NBI Anti-
drug task force.

RA9165
SECTION 4. IMPORTATION 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)
IMPORTATION OF ANY CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL 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)

MAXIMUM PENALTY FOR THE FOLLOWING:

ÒImport or bring into the Philippines any dangerous drug and/or controlled precursor and
essential chemical through the use of a diplomatic passport, diplomatic facilities or any other
means involving his/her official status intended to facilitate the unlawful entry of the same.
ÒOrganizes, manages or acts as a "financier" of any of the illegal activities
PROTECTOR OR CUDDLER of any violator of this provision shall be penalized by
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)
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)
MAXIMUM PENALTY FOR THE FOLLOWING:
Transpires within one hundred (100) meters from the school
Used of minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein provided be the
proximate cause of death of a victim.
Financier
SECTION 6. MAINTAINANCE OF A DEN,DIVE OR RESORT INVOLVING DANGEROUS
DRUGSPenalty – life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)

ÒThe 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 8. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED

PRECURSOR AND ESSENTIAL CHEMICALS
ÒPenalty 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)
ÒPenalty 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.

AGGRAVATING CIRCUMSTANCES If the clandestine laboratory is established in the ff.

circumstances:
Ò Conducted in the presence or with the help of minor/s:
Ò Established within one hundred (100) meters of a residential, business, church or school
premises
Ò Secured or protected with booby traps
Ò Concealed with legitimate business operations
Ò Employment of a practitioner, chemical engineer, public official or foreigner
SECTION 11. POSSESSION OF DANGEROUS DRUGS
Ò 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)
Ò10 grams or more of opium, morphine, heroin, cocaine/ cocaine hydrochloride,
marijuana resin or oil, LSD, GHB, MDMA,
Ò50 grams or more of shabu
Ò500 grams or more of marijuana
Ò Penalty - Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
Ò If the quantity of shabu is ten (10) grams but not more than 50 grams
Ò Penalty - Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php
400,000.00 to Php 500,000.00
Ò If 5 grams or more but less than 10 grams of any Dangerous Drugs
Ò 300 grams or more of marijuana but less than 500 grams
Ò 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
Ò If the quantity of dangerous drugs are less than 5 grams.
Ò If the quantity of Marijuana is less than 300 grams.
SECTION 12. POSSESSION OF THE EQUIPTMENT, INSTRUMENT OR
APPARATUSAND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS
Penalty - imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima facie
evidence that the possessor has smoked, consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

SECTION 15. USE OF DANGEROUS DRUGS

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
rehabilitation in a government center for the first offense.
ÒIf 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.

SECTION 16. CULTIVATION OF PLANTSCLASSIFIED 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)
SECTION 21. CUSTODY AND DISPOSITION OF CONFISCATED/SIEZED AND/OR
SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS,
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS, INSTRUMENTS,
PARAPHERNALIA AND/OR LABORATORY EQUIPTMENT.
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:
ÒThe 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;
ÒWithin 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;
ÒA 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.
ÒThat a final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours
Ò 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 38. LABORATORY EXAMINATION OR TEST ON APPREHENDED /
ARRESTED OFFENDERS
Any person apprehended or arrested for violating the this Act shall be subjected to screening
laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting
officer has reasonable ground to believe that the person apprehended or arrested, on account of
physical signs or symptoms or other visible or outward manifestation, is under the influence of
dangerous drugs.
If found to be positive, the results of the screening laboratory examination or test shall be
challenged within fifteen (15) days after receipt of the result through a confirmatory test
conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass
spectrometry equipment or some such modern and accepted method, if confirmed the same,
shall be prima facie evidence that such person has used dangerous drugs, which is without
prejudice for the prosecution for other violations of the provisions of this Act: Provided, That a
positive screening laboratory test must be confirmed for it to be valid in a court of law
DANGEROUS DRUGS BOARD
It shall be composed of 17 members wherein
+ 3 of which are permanent members,
+ 12 members shall be ex- officio capacity and
Ò Secretary of the following Department
DOJ DOF
DOH DND
DOLE DepEd
DILG DFA
DSWD
Ò Chairman CHED, NYC
Ò Dir. General of PDEA
+ 2 regular members.
Ò President of Integrated Bar of the Philippines
Ò Chairman or President of a non- government organization involved in
dangerous drug campaign to be appointed by the President.
Ò The Director of NBI and Chief PNP shall be the permanent consultant of
the DDB.

JURISDICTION OVER DANGEROUS DRUG CASES

Ò The Supreme Court shall designate special courts from among the existing RTC in each
judicial region to exclusively try and hear cases involving violation of RA 9165.
Ò The DOJ shall designate special prosecutors to exclusively handle cases involving
violation of RA 9165.

ARSON INVESTIGATION
By:
Prof. JOSE M. BAGKUS

Arson, defined:
It is the malicious destruction of property by fire. It consist of the willful and malicious
burning of all kinds of buildings and structure including personal property.

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 RA 6975 Sec. 54 which provides
that the fire Bureau shall have the power to investigate all cases of fires and, if necessary, file the
proper complaint with the City/Provincial prosecutor who has jurisdiction over arson cases.

Basis and Extent of Criminal Liability in Arson

1. Kind and character of the building
2. Its location
3. Extent of damage of value
4. Its state of being inhabited or not

Stages in the Commission of Arson

1. Attempted Arson – If a person intended to burn a wooden house, collected rags
soaked in gasoline and placed it inside the wall, but when he was about to light it, he
was seen by another who ran after him, the crime is attempted arson.
 2. Frustrated Arson – if the person was able to light the rags but the fire was put       out
before any part of the building was burn.
3. Consummated Arson – if before the fire was put out, part of the building was
burned.
Kinds of Arson
PD 1613 classifies arson into:
1. Destructive Arson (Sec. 2)
2. Other cases of Arson (Sec. 3)
The classification is based on the kind, character and location the property burned,
regardless of the value of the damage caused.

SECTION 2 – Destructive Arson – if the property burned is ny of the following,

1) Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2) Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social service.
3) Any church or place of worship or other building where people usually
assemble.
4) Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property.
5) Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
6) Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, housing or movie house or any similar place       or
building.
7) Any building, whether used as a dwelling or not, situated in a populated or congested
area.

SECTION 3 –Other Cases of Arson – if the property burned is any of the following:
1) Any building used as offices of the government or any of its agencies.
2) Any inhabited house or dwelling.
3) Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel.
4) Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove
or forest.
5) Any rice mill, sugar mill, cane mill or mill central.
6) Any railway or bus station, airport, wharf or warehouse.

SECTION 4 – Special Aggravating Circumstances of Arson

1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
4. If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a group of three

(3) or more persons.

SECTION 5 – CONFISCATION OF OBJECT OF ARSON

The building which is the object of arson including the land on which it is situated shall
be confiscated and escheated to the State, unless the owner thereof can prove that he has no
participation in nor knowledge of such arson despite the exercise of due diligence on his part.

SECTION 6 – Prima Facie Evidence of Arson – any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substance or materials are stored within the
building not necessary in the business of the offender nor for household use.
 3. If gasoline, kerosene, petroleum or other flammable or combustible substances or
materials soaked therewith or containers, thereof or any
       mechanical, electrical, or electronic contrivance designed to start a fire or       ashes
or traces or any of the foregoing are found in the ruins or premises of       the burned
building or property.
4. If the building or property is insured for substantially more than its actual value at the
time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and/or insured.
6. If shortly before the fire a substantial portion of the effects insured and stored in
Building or property had been withdrawn from the premises except in the ordinary
course of business.
7. If a demand for money or other valuable consideration was made before
the fire in exchange for the desistance of the offender for the safety of the person or
property of the victim.

Method of Proof in Arson

Physical evidence in arson are often destroyed. The prove, corpus delicti must be shown
and the identity of the arsonist established.
Corpus delicti – the fact that crime was committed It must be shown by the following.
1. Burning – that there was fire which may be shown by direct testimony of
complainant, firemen responding to the crime, other eyewitness. Burned parts of the building
may also indicate location.
2. Criminal design – must shown that it was willfully and intentionally done. The
presence of the incendiary devices, flammables such as gasoline, kerosene, may indicate that the
fire was not accidental.
3. Evidence of Intent – when valuables were removed before the fire, ill feeling
between the accused and the occupants of the building burned, absence of effort to put out the
fire and such other indicators.

Motives of Arsonists
In criminal prosecution, motive is necessary to identify the accused, thereafter intent can
be shown easily. These are:
1. Economic Gain
a) Insurance Fraud with the assured – benefiting, coupled with the fact that the assured
would transfer to another location
b) Desire to dispose Merchandise – Stocks on hand may have lost market value being
out of season, lack of raw materials, over supply of merchandise.
c) Existing business transaction which the arsonist would like to avoid such as
impending liquidation, settlement of estate, need for cash, prospective business failure, and
increase rentals.
2.   Profit by the Perpetrator other than the assured
a) Insurance agents wishing business with the assured
b) Business competitors planning to drive others
c) Persons seeking job as protection personnel such as security agencies
d) Salvagers and contractors wishing to construct another building
3. Concealment of crime – to hide or commit a crime, arson is committed.
4. Punitive measure – to inflict injury to another due to hatred, jealousy or revenge
5. Intimidation or economic disabling – these are saboteurs, strikers and racketeer to
intimidate management or employers.
6. Pyromania – is the uncontrollable impulse of a person to burn anything without any
motivation. They do not run away from the fire scene since they love watching fire
burning.

Types of Pyromania
a. Abnormal Youth – such as epilectics, imbeciles and morons
 b. Hero type – a person set a building on fire and pretends to discover it, turn in the
alarm or make some rescue works to appear as a “hero”.
c. Drug addicts and alcoholics
d. Sexual deviates and perverts

Factors Affecting Extent of Burning

Burning is complete and free in the presence of air. Most combustible materials are
substance with carbon and hydrogen with mineral matter and oxygen. The spread of fire depend
on the following:
a. Wind velocity and direction
b. Relative humidity, dryness of the materials and the absence of rain
c. Air temperature
d. Nature and condition of any vegetation surrounding the building.
e. Nature of the building construction, as presence of wood and drafts.

Some Causes of Fire

a. Carelessly discarded cigarettes
b. Careless disposition of readily combustible materials
c. Poorly managed or defective heating facilities
d. Spontaneous combustion arising from the storage of articles in poorly ventilated
place
e. Sun rays focused on glasses which may serve as convex lens
f. Explosion from petroleum products, alcohol and other substances
g. Lightning sparks and electrical defects
h. Overheating

Methods Employed by the Arsonists

1. Introduction of Incendiary Materials such as

a. Liquids in the form of gasoline, either which may not require open flame for
ignition, alcohol, kerosene, turpentine, diesel, gas.
b. Certain gases when mixed with air possess excellent ignition property and
when present in enclosed area can lead to an explosion, such as acetylene,
carbon monoxide, natural gas, ethylene, hydrogen and propane.
c. Solids – when solids exist in finely ground or powder condition they form an
excellent combustible substances. Some substances generate intense heat on
contact with water or gives off oxygen on decomposition. Examples:
chlorates, chromates, nitrates

2. Use of “Plants” and other contribances

Plants – are devices which are designed to ignite combustible material sometime
after the initiating action. The arsonist therefore will have the opportunity to
escape from the premises. These are:
a. Heating appliances
like flat iron placed in contact with combustible materials and abandoned until
fire starts.
b. Mechanical devices
1. Clock mechanism which can be arranged so that movements starts
the fire
2. Altered equipments such as broken pipes on oil burner or sprinkler
systems in which combustible fluid has been placed.

What Constitute Arson?

1. Burning – to constitute burning, there must be some burning or charring, e.g. the
fiber of the wood must be destroyed, its identity changed.
2. Wilfulness – means intentional and implies that the act was done purposely and
intentionally.
3. Malice – in its broadest sense, denotes hatred or ill will or a desire for revenge,
whereas in a legal sense, it has much more a narrow meaning.
4. Motive - is the moving cause which induce the commission of a crime.
5. Intent – is the purpose or design within which the act done and involves the will.

Tell Tale Signs

a) Burned Building – the type of the building may indicate a set fire under some
circumstances. A fire of considerable size at the time the first apparatus arrive at the
scene if it is a modern concrete or semi-concrete building.
b) Separate Fires – when two or more separate fires break out within a building the fire
is certainly suspicious.
c) Color of smoke – some fires burn with little or no smoke but they are exception. The
observation of the smoke must be made at the start of the fire since once the fire has
assumed a major proportion, the value of the smoke is lost, because the smoke will
not indicate the material used by the arsonist.
1. When white smoke appears before the water from the fire hose comes in contact with
the fire, it indicates humid material burning. E.g. – burning hay, vegetable materials.
2. Biting smoke, irritating the nose and throat and causing coughing indicates presence
of chlorine.
3. Black smoke indicates lack of air but if accompanied by large flames, it indicates
petroleum and petroleum products and rubber.
4. Color of flame – the color of the flame is a good indication of the intensity of the
fire, an important factor in determining incendiarism.

5. A reddish glow indicates heat of 5000C, a real light about 100C. Red flame indicates
presence of petroleum. Blue flame indicates use of of alcohol as accelerant.
6. Smoke marks – an experience investigator will determine the volume of smoked
involved at a fire and the character as residue deposited on walls or elsewhere.
Smoke marks have often been of assistance in determining the possibility of a fire
having more than one place of origin.
e. Size of Fire – this is important when correlated with the type of alarm, the time
received and the time of arrival of the first fire apparatus. Fires make what might be termed a
normal progress. Such progress can be estimated after an examination of the material burned the
building and the normal ventilation offered to the fire. The time element and the degree of
headway much by the flames becomes important factors to determine possible incendiarism.
f. Direction of Travel – while it is admitted that no two fires burn in identical fashion,
yet is can be shown that fire make normal progress through various types of building.
Considering the type of construction, the building materials, combustibility of contents, channel
of ventilation and circumstances surrounding the sending of alarm, an experienced investigator
can determine whether a fire has spread abnormally fast.
g. Intensity – the degree of heat given off by a fire and the color of its flame oftentimes
indicate that some accelerant has been added to the material normally present in a building and
the investigator must look for further evidence pointing to use of such accelerants. Difficulty in
extinguishing the fire is often a lead to suspect presence of such fluid as gasoline and kerosene.
h. Odor – the odor of gasoline, alcohol, kerosene and other inflammable liquids which
are often used as accelerant is characteristic and oftentimes arsonists are trapped because of this
tell-tale sign. Most of fire setters are inclined to use substance which will make the blaze certain
and at the same time burn up any evidence of their crime.
i. Condition of Content – persons tending to set their house on fire frequently remove
objects of value either materially or sentimally. Store and other business establishments
oftentimes remove a major portion of their content or replace valuable merchandise without of
style article.
j. Doors and windows – locked doors and obstructed entrance and passage ways
sometimes point to an attempt to inspect firm in their fight to put out the fire. Doors and
windows showing signs of forced entry may point to arson preceded by burglary or arson byt
someone without a key to the premises.
k. Other suspicious circumstances – interested bystanders, familiar faces and discovery
of some objects which might be part of a mechanical fire-setting device among the debris.
Basic Lines of Inquiry
1. Origin of the fire
 2. Motive
3. Identification of prime suspect
4. Identification of fire setter

Point of Origin of the Fire

Initially, the important point to be established is the point of origin of fire – in other
words, at what particular place in the building the fire started. This may be established by an
examination of the witness, by inspection of the debris at the fire scene or by both methods.

FIRE – ARSON INVESTIGATION

INTRODUCTION

The value of property destroyed by destructive fires in the Philippines in the past five
years reached several billions of pesos.
Besides the enormous waste of property, careless persons and arsonists caused a number
of deaths and serious physical injuries and also exposed to danger a thousand lives each year.
Considering the resulting economic loss, the danger and the dislocation of humans and terror
spread by an arsonist, it is not surprising to learn that the crime of Arson was considered a
heinous crime in 1991 under RA 7659.

FIRE TECHNOLOGY – Definition:

Fire - The active principle of burning characterized by the heat and light of combustion. –
(PD 1185)
Abatement – any act that would remove or neutralize a fire hazard.
Combustible, Flammable or inflammable – descriptive of materials that are easily set on fire.
Fire hazard - any condition or act which increased 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.
Flash point – the minimum temperature at which any materials gives off vapor in sufficient
concentration to form an ignitable mixture with air. Jumper – a piece of metal or an             
electrical conductor used to bypass a safety device in an electrical system.
Overloading - the use of one or more electrical appliances or devices which draw or consume
electricity beyond the designed capacity of the existing electrical system.
Pyrophoric – descriptive of any substance that ignites spontaneously when exposed to air.
Sprinkler system – an integrated network of hydraulically designed piping installed in a             
building structure or are when outlets arranged in a systematic pattern which                          
automatically discharges water when activated by heat or combustion products from
a fire.
Arc - a high temperature luminous electric discharge across a gap.
Arson - the crime of maliciously and intentionally, or recklessly, starting a fire or causing an
explosion.
Backdraft – an explosion resulting from the sudden introduction of air (I.e. oxygen) into a
confined space containing oxygen-deficient superheated products of incomplete
combustion.
Bleve – Boiling liquid expanding vapor explosion
Flashover – a transition phase in the development of a contained fire in which surfaces
exposed to thermal radiation reach ignition temperature more or less simultaneously              and
fir spread rapidly throughout the space.
Fuel – a material that yields heat through combustion.
Heat – a form of energy characterized by vibration of molecules and capable of initiating and
supporting chemical changes and changes of state.
Ignition – the process of initiating self-sustained combustion.
Self-ignition – ignition resulting from self heating –Synonymous with spontaneous ignition.
Point of origin – the exact physical location where a heat source and fuel come in contact with
each other and a fire begins.
Pyrolysis – the chemical decomposition of a compound into one or more other substances by
heat alone; pyrolysis often precedes combustion.
Rekindle – a return to flaming combustion after apparent but incomplete extinguishment.
Short circuit – an abnormal connection of low resistance between normal circuit conductors
where the resistance is normally much greater, this is an overcurrent situation but it is
not an overload.
Smoke – an airborne particulate product of incomplete combustion suspended in gases,
vapors, or solid and liquid aerosols.
Smoldering – combustion without flame, usually with incandescent and smoke.
Arson – page 2

Spalling - chipping or pitting of concrete or masonry surfaces.

Vapor - the gas phase of a substance, particularly of those that are normally liquids or
solids at ordinary temperature.
Ventilation – l. Circulation of air in any space by natural wind or convection or by fans               
blowing air into or exhausting air our of a building. 2. A fire-fighting               
operation of removing smoke and heat from the structure by opening windows           
and doors or making holes in the roof.
Venting - the escape of smoke and heat through openings in a building.

FIRE TRIANGLE

The fire triangle is a simple model, from the science of firefighting, for understanding the
ingredients necessary for most fires. It has largely been replaced in the industry by the fire
tetrahedron, which provides a more complete model, also described below.

The “triangle” illustrates the rule that in order to ignite and burn, a fire requires three elements –
heat, fuel, and oxygen. The fire is prevented or extinguished by “removing” any one of them. A
fire naturally occurs when the elements are combined in the right mixture (e.g.,, more heat
needed for igniting some fuels, unless there is concentrated oxygen).

When a fire runs out of fuel it will stop. Fuel can be removed naturally, as where
the fire has consumed all the burnable fuel, or manually, by mechanically or      
chemically removing the fuel from the fire. Fuel separation is an important factor
in wildland fire suppression, and is the basis for most major tactics. Other fuels may       
also be chemically altered to prevent them from burning at ordinary temperatures,
perhaps as part of a fire-prevention measure.
Without sufficient heat, a fire cannot begin, and it cannot continue. Heat can be
removed by dousing some types of fire with water; the water turns to steam, taking the
heat with it. Note that water will actually increase or spread some other types of fire.
Separating burning fuels from each other can also be an effective way to reduce the heat.
In forest fires, burning logs are separated and placed into safe areas where there is no
other fuel. Scraping embers from a burning structure also removes the heat source.
Turning off the electricity in an electrical fire removes the heat source, although other
fuels may have caught fire and continue burning until the firefighter addresses them and
their fire triangles too.
 Oxygen may be removed from a fire by smothering it with an aqueous foam or some
inter gas (e.g., carbon dioxide, Halon), dry chemicals, or enclosing it where the fire will
quickly use up all of the available oxygen. A candle snuffer uses this principle. Oxygen
for the fire may also be instantaneously consumed, if only for a moment, by more
‘sophisticated’ means such as using explosives to ‘snuff’ an oil well gas fire. Once the
gas fire is out, it is not hot enough to start again, but workers must be extremely careful
not to created sparks! See Red Adair.

Arson – page 3

Fire tetrahedron

The fire tetrahedron.

The fire triangle is a useful teaching tool, but fails to identify the fourth essential element of fire:
the sustaining chemical reaction. This has led to development of the fire tetrahedron: a
triangular pyramid having four sides (including the bottom). In most fires, it does not matter
which element gets removed; the fire fails to ignite, or it goes out. However, there are certain
chemical fires where knowing only the “fire triangle” is not good enough.

Combustion is the chemical reaction that feeds a fire more heat and allows it to continue. With
most types of fires, the old fire triangle model works well enough, but when the fire involves
burning metals (lithium, magnesium, etc.), it becomes useful to consider the chemistry of
combustion. Putting water on such a fire could result in the fire getting hotter (or even
exploding) because such metals can react with water in an exothermic reaction to produce
flammable hydrogen gas. Therefore, other specialized chemical must typically be used to break
the chain reaction of metallic combustion and stop the fire.

FACTORS INFLUENCING BURNING:

Most ordinary combustible substances are compounds of carbon and hydrogen, often
containing mineral matter and oxygen. When they burn completely and freely in the air, the
carbon reacts with the oxygen to form carbon dioxide; the hydrogen combines with the oxygen
to form water; and the mineral matter remains behind as ash. In the first stages of a fire the
building structure and the materials such as wood and cloth contained in building, are merely
heated and give off gases and vapors. With increased head and exposure to flames, these
materials finally reached the ignition point and burst into flame.

The rate and extent of the spread of fire depends on a number of factors, chief among which are
the following:
a. Wind velocity
b. Relative humidity, dryness of the materials and the absence of rain
c. Air temperature
d. Nature and condition of any vegetation surrounding the building
e. Nature of building construction
METHOD OF HEAT TRANSFER
Conduction – heat travel through solids or between solids in contact with each other or through
intervening heat conducting medium.
Convection – heat travels from one molecule to another, but the particles or molecules are
themselves in motion. Gases , in particular, being heated tend to circulate and spread the heat
through circulating medium/.
Radiation – heat energy or through intervening space by heat rays or electromagnetic wave
without an intervening medium.
Arson – page 4

CLASSIFICATION OF FIRE

A - Ordinary Combustible Fires (ex. Wood, plastics, etc…)

B - Flammable fires (ex. Gasoline, alcohol)
C - Energized Electrical Fire
D - Combustible Metals (ex. Magnesium, or Sodium)

METHODS OF ENTINGUISHMENT

1. Cooling – by reducing the heat to below the ignition temperature

2. Blanketing – prevent the oxygen from combining with the fuel
3. Smothering – by expelling oxygen
4. Removing or starving the fire by removing fuel.

FIRE/ARSON INVESTIGATION

Fire Investigation – the process of determining the origin, cause, and development of a fire or
explosion.
Nature of Fire Investigation – a fire or explosion investigation is a complex endeavor involving
skill, technology, knowledge and science. The proper methodology of a fire investigation is to
first determine the origin(s), then investigate the cause; circumstances, conditions or agencies
that brought the ignition source, fuel, and oxidant together.

SYSTEMATIC APPROACH

The systematic approach recommended is that of the scientific method, which is used in the
physical sciences. This method provides for the organizational and analytical process desirable
and necessary in a successful fire investigation.
(Ref. Fig. 2)

SCIENTIFIC METHOD
RECOGNIZE THE NEED (Identify the problem)
DEFINE THE PROBLEM
COLLECT DATA
ANALYZE THE DATA-(Inductive reasoning)
DEVELOP A HYPOTHESIS
TEST THE HYPOTHESIS – (deductive reasoning)
SELECT FINAL HYPOTHESIS
Recognize the need.
Determine that a problem exist. In this case, a fire or explosion has occurred and the cause of
should be determined and listed so that future, similar incidents can be prevented.

Define the problem.

Define in what matter the problem can be solved. In this case a proper origin and cause
investigation should be conducted. This is done by an examination of the scene and be a
combination of other data collection methods, such as the review of previously conducted
investigations of the incident, the interviewing of witnesses or other knowledgeable persons, and
the result of scientific testing.
Collect Data
Facts about the fire incident are now collected. This done by observation, experiment, or other
direct data-gathering means. This is called empirical data because it is based on observation or
experience and is capable of being verified.

Arson – page 5

Analyze the data (Inductive Reasoning)

The total body of the empirical data collected is carefully examined in the light of the
investigator'’ knowledge, experience and training (KET). Subjective or speculative information
cannot be included in the analysis, only facts that can be proven clearly by observation or
experiment.

Develop a Hypothesis
Based on the data analysis, the investigator should now produce a hypothesis or group of
hypothesis to explain the origin and cause of the fire or explosion incident. This hypothesis
should be based solely on the empirical data that the investigator has collected.
Test the Hypothesis (Deductive Reasoning)
The investigator compares his or her hypothesis to all known facts. The testing maybe either
cognitive or experimental. If the hypothesis cannot withstand an examination by deductive
reasoning, it should be discarded as not probable and a new hypothesis should be tested. It may
include the collection of new data. This process needs to be continued until all feasible
hypothesis have been tested. Otherwise the fire cause should be listed as “undetermined.”

INVESTIGATION DURING THE FIRE

1. Observation during the fire
2. Color of smoke
3. Color of flame
4. Direction of fire travel
5. Location of flames
6. Odors

EXAMINATION DURING THE DIRE

Exterior Openings
1. Preliminary Examination of the scene
2. Photography
3. Observation of the spectators

INVESTIGATION OF SCENE AFTER THE FIRE

1. Safeguarding the scene 14. Interior Arrangement
2. Order of search 15. Witnesses
3. Locating the point of origin 16. Persons first arriving at the scene
4. Examination of the point of origin 17. Watchmen
5. Traces of accelerants 18. Occupants
6. Altered protective device 19. Owners
7. The physical evidence an its collection 20. Photography and sketching
8. Container s 21. Packaging and Forwarding of evidence
9. Ashes and debris 22. Sources of information
10. Fingerprint and Impressions 23. Material files
11. Stoves and fireplaces 24. Central index
12. Tools 25. Insurance Companies files
13. Documents 26. Check list

                                          CAUSES OF FIRE

1. Accidental fire cause – involve all those where the proven cause does not involve a
deliberate human act to ignite or spread into an area where the fire should not be.
2. Natural fire cause – it involve fires cause without direct human intervention, such as lighting
etc….
3. Incendiary fire cause – is one deliberately set under circumstances in which the person
knows that the fire should not be set.
4. Undetermined fire cause – whenever the cause cannot be proven, the proper classification is
undetermined.

Arson – page 6

CRIMINAL (ARSON) STAGE OF INVESTIGATION

Criminal burning has always treated as a serious offense. The old Roman Law of “incendium”
though broader in scope than common law arson, included willful burning which endangered
another’s property, setting fire to cities, and causing conflagration by rioting. The penalty for
this crime at one time required that the offender be burned alive. Today we find, depending on
the jurisdiction, degrees of arson carrying penalties of up to 20 years in prison or even life
imprisonment. Under RA 7659 (Death Penalty Law) – If death result as a consequence of arson
the mandatory penalty of death shall be imposed. The method of investigation of the arson fire
is not basically different in any respect from that of the fire that results accidentally. Lacking
any real basis for decision the two, every fire should be investigated as though it could be the
result of arson.

The determination that a fire has been intentionally set is central to all fire investigation and is
one of the more difficult phases of that investigation.
Arson – is the criminal burning of property. (Nolledo)

Arson – The crime of maliciously and intentionally, or recklessly starting a fire or causing an
explosion. (NFPA 921)

Arson – A crime committed by a person who burns or sets fire to the property of another, or who
sets fire to his own property under circumstances which expose to danger the life or property of
another. – Sec. 1 PD 1613.

A criminal investigator is a person who collects facts to accomplish a threefold aim – Phases of
Investigation:

1. Identify the criminal or guilty party – the identity of the criminal is discovered in one or
more of the following ways: confession; eyewitness testimony, or circumstantial evidence.
2. Locate the criminal or guilty party – commonly the answer to the question of the criminal’s
whereabouts falls easily out of the solution of the problem of his identity.
3. Provide evidence of his guilt for court presentation – the most difficult phase of
investigation, namely: gathering the facts necessary in the trial to prove the guilt of accused
beyond reasonable doubt.
Exigent or Emergency Circumstance:
A search conducted under exigent or emergency circumstance deals with a warrantless
search based on the fact that the time needed to obtain a warrant is not possible or practicable.
For fire investigators, exigent or emergency circumstances involve a landmark decision
in the US Supreme Court entitled Michigan v Tyler (436 US 499, 56 L Ed. 2 nd 286) in 1978.
This decision supports a warrantless entry by fire fighters for suppression activities and redefines
the fire investigator’s activities in the subsequent investigation as to the origin and cause of the
fire.

SC Conclusion:
We hold that an entry to fight a fire requires no warrant, and that once in the building, officials
may remain there for a reasonable time to investigate the cause of the blaze. Therefore,
additional entries to investigate the cause of the fire must be pursuant to a warrant procedure
governing administrative searches. Evidence discovered in the course of such investigation is
admissible at trial, but if the investigating officials find probable cause to believe that arson has
occurred and require further access to gather evidence for a possible prosecution they may obtain
a warrant only upon a traditional showing of probable cause applicable to searches for evidence
of crime. (436 US 512,56 L ed 2nd 500)
Arson – page 7
STAGES IN THE COMMISSION OF A FELONY
Consummated
A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
Example: At a little past midnight Miguel noticed that the thatched roof of his house was on
fire. When looking at the window, he saw the culprit beside the house carrying a stick burning
at its end. Miguel shouted for help and succeeded in extinguishing the fire after a small part of
the roof was burned. The SC held: That the crime was consummated arson – “the
consummation of the crime does not depend upon the extent of the damage caused. “ (People vs.
Hernandez, 54 Phil. 122)

Frustrated
It is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator. Example: Luke prepares a kerosene-soaked rag and
places it in the combustible portion of Peter’s house with intent to burn the latter. Luke lights
the rag and while the latter is burning he runs away (Performs all acts of execution). Before the
fire emitting from the rag consumes any part of the house, Peter, the owner discovers the fire
and puts it out (The felony is not produced due to the timely intervention of the owner
independent of the will of the culprit Luke). Attempted
There is an attempt when the offender commences the commission of a felony, directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance (No voluntary desistance).
Example:
Juan gets a rag and soaks it with kerosene with intent to burn the house of Pedro. Juan puts the
rag in a combustible portion of Pedro’s house and while in the act of striking his match in order
to burn the rag soaked with kerosene, Juan is arrested by a policeman who happens to pass by.
Preparatory acts, like buying a match does not constitute attempted arson. There is only an
attempted arson if the overt act is begun, that is, a direct movement to do the act is executed.
Malice. There must be a malicious intent to burn otherwise no crime of arson exists. Malice is
the intent to do injury to another. Fires caused by negligence or accident do not constitute arson.
The intent must be inferred from the facts. The condition surrounding the act such as threats,
quarrels, expressions of dislike, application for fire insurance, and so forth, may supply a basis
for inferring intent. The prosecution must show that a burning was accomplished with criminal
design. The law presumes that a fire is accidental in origin; hence the criminal design must be
beyond reasonable doubt.

Methods of Proof
The investigation of arson often presents a complex problem because the methods
employed by incendiaries and the manner in which they operate are far greater in number and
more varied in aspect than those employed by most other types of criminal. Proof of the
commission of the offense is rendered more difficult because the physical evidence, normally
providing material assistance in an investigation, is often destroyed by the criminal act itself.
The same basic elements of all criminal investigations, however, are required of arson inquiries,
namely, the establishment of the corpus delicti and the identification of the perpetrator.
Corpus delicti – Body or substance of the offense or in the accepted legal sense means merely
the fact that a crime has been committed. Since in law every fire is presumed to be accidental
Arson – page 8
origin until proved otherwise, his presumption must be overcome an arson charge can be
established. Evidence must be adduced to show the corpus delicti of the offense, that is, the
existence of the essential facts demonstrating that the offense had been committed. It must be
emphasized that the unsupported confession of a person with respect to the burning is
insufficient and inadmissible in the absence of a substantial and independent showing of the
corpus delicti.
To establish the corpus delicti the following two facts must be established:
1. Burning
2. Criminal design
What constitutes burning?
A structure is not burn within the meaning of an accusation of arson by heat. Any appreciable
burning is sufficient. It is not necessary that there be a flame of that the structure be consumed
or materially injured. The ignition satisfies the requirement of burning.
Fire patterns – are the visible or measurable physical effects that remain after a fire. These
include thermal effects on materials, such as charring, oxidation, consumption of combustibles,
smoke and soot deposits, distortions, melting, color changes, changes in the character of
materials, structural collapse, and other effects.
Burn Pattern –
a. Char Blisters – Convex segments of carbonized material separated by cracks or crevasses
that form on the surface of char, forming on materials as wood as the result of pyrolysis or
burning.
b. Spalling – Chipping or pitting of concrete or masonry surfaces.
Pyrolysis – The chemical decomposition of a compound into one or more other substances by
heat alone; pyrolysis often precedes combustion. Further, in a fire there are both combustion
and pyrolysis occurring and it is proceeding in layers below the surface of fuel where there’s
nearly total deprivation of oxygen.
Role of Pyrolysis:
The greatest part of the flaming fires is the flame itself in which the combustion reaction
is taking place solely between gases. This remains true even though the fuel that feeds the
flames is solid, e.g. wood, cloth, paper, plastic, or even coal. How then does the solid fuel
maintain a gaseous reaction in the flames that burn around it? The answer lies primarily in the
phenomenon of pyrolysis or heat decomposition reactions, which occurs within the solid fuel as
a result of being strongly heated by the surrounding flames.
Other Evidence – once the corpus delicti is established, any legal and sufficient evidence, direct
or circumstantial, may be introduced to show that the act was committed by the accused and that
it was done with criminal intent. In arson cases direct evidence is ordinarily lacking with respect
to the connection of the offender with the crime and the great reliance must be placed on
circumstantial evidence. The following general types of evidence will usually be encountered in
addition to those already discussed.
Evidence Associating the Suspect with the Scene. Clue materials such as tools, matches and
articles of clothing may be found at the scene and sometimes traced to the suspect. Similarly,
the suspect may have carried on his person or clothing traces which link him to the crime scene.

Evidence showing intent. The actions of the suspect can frequently offer evidence of criminal
intent. Example, anticipating of a fire may be shown by such circumstances as the removal of
valuable articles or the substitution of inferior articles. Ill feeling or unfriendly relations
between the accused and the occupants of the burned building may be shown. The absence of
any effort to extinguish the fire or to turn in the alarm in the presence of opportunity is
significant. The flight of the suspect may be incriminating.

70

Arson – page 9
MOTIVES OF ARSON

The National Center for the Analysis of Violent Crime has identified the six motive
classifications as the most effective in identifying offender characteristics for fire setting
behavior, as follows:
Vandalism – is defined as mischievous or malicious fire setting that results in damage to
property. Common targets include educational facilities and abandoned structures, but also
include trash fires and grass fires.
Vandalism fire setting includes the following:
a. Willful and Malicious mischief
b. Peer or group pressure

These are fires that are often attributed to juveniles or adolescents.

Excitement – the excitement-motivated firesetter may enjoy the excitement that is provided by
actual firesetting or the activities surrounding the fire suppression efforts, or may have a
psychological need for attention. The offender is often a serial firesetter, he will generally
remain at the scene during the fire and will often get in position to respond to, or view the fire
and the surrounding activities.

It includes the following:

a. Thrill seeking
b. Attention seeking
c. Recognition – hero or vanity firesetter
d. Sexual gratification or perversion
Revenge - the revenge motivated firesetter retaliates for some real or perceived injustice. The
event or circumstance that is perceived may have occurred months or years before the fire
setting activity. It is well planned, one-time event or may represent serial fire setting, with little
or no pre-planning. Serial offenders may direct their retaliation at individuals, institutions or
society in general.

It includes the following:

a. Personal retaliation
b. Societal retaliation
c. Institutional retaliation
d. Group retaliation

Crime Concealment – this category involves fire setting that is secondary or a collateral criminal
activity, perpetrated for the purpose of concealing the primary criminal activity. In some cases,
however, the fire may actually be part of the intended crime, such as revenge. Many people
erroneously believe that a fire will destroy all physical evidence at the crime scene.

It includes the following:

a. Murder concealment
b. Burglary concealment
c. Destruction of records or documents

Profit – Fires set for profit involve those set for material or monetary gain, either directly or
indirectly. The direct gain may come from insurance fraud, eliminating or intimidating business
competition, extortion, removing unwanted structures to increase property values, or from
escaping financial obligation.
Subcategory of profit motive category:
a. Fraud-motivated fires may include commercial or residential properties
b. Fraud to collect insurance
Arson – page 10

c. Fraud to liquidate property

d. Fraud to dissolve a business
e. Fraud to conceal a loss or liquidate inventory
Extremist – motivated firesetting is committed to further a social, political, or religious cause.
Fires have been used as a weapon of social protest since revolutions first began. Extremist
firesetters may work in groups or as individuals. Also, due to planning aspects and the
selections of their targets, extremist firesetters generally have a great degree of organization, as
reflected in their use of more elaborate ignition or incendiary devices.
a. Terrorism – the targets set by terrorists may appear to be at random; however, target
locations are generally selected with some degree of political or economic
significance. Fires or explosions become a means of creating confusion, fear or
anarchy. The terrorist may include fire as but one of a variety of weapons, along
with explosives, used in furthering his or her goal.
b. Riot/Civil disturbance

METHODS OF THE ARSONIST

a. Incendiary materials
b. Liquid
c. Gases
d. Solids
e. “Plants” and other contrivances

Heating appliances
a. Heaters
b. Sparkers

Mechanical devices
a. Clock mechanism
b. Altered equipment
c. Trailers
d. Inflammable gases
e. Chemical devices
f. Explosives

Fire Scene Reconstruction – The process of recreating the physical scene during fire scene
analysis through the removal of debris and the replacement of contents or structural elements in
their pre-fire positions.

Fire Damage Assessment – Investigators will be making assessments of fire spread throughout
the examination of the scene. These assessments include recognizing and documenting heat
movement and intensity patterns and analyzing the important and direction of each pattern
found.

Origin determination – Determination of the origin of the fire will frequently involve the
coordination of information derived from:
a. The physical marks (fire pattern) left by the fire;
b. The observations reported by person who witnessed the fire or were aware of
conditions present at the time of the fire;
c. The analysis of the physics and chemistry of fire initiation, development, and growth
as an instrument to related known or hypothesized fire conditions capable of
producing those conditions.

File name – arson-acm-32407

REVIEW NOTES ON POLICE REPORT WRITING
Prof. Normita M. Mercado

Definition of a Report:
A report is defined as a story of actions performed by men.
In police report, it is a chronological or step by step account of an incident that took
place at a given time.
 Traditionally, a report meant a “police report”, or the narrative you have to write after
completing an investigation. But, actually, reports take many different forms. A report is defined
as the following: any documentation recorded on a departmental form, or other approved
medium (computer disks), and maintained as a permanent record.

Other Definitions:
A Police Report is an exact narration of facts discovered in the course of an investigation
which serves as a permanent written record for present and future use.
It is also defined as any written matter prepared by the police involving their interaction
with members of the community.
It is a permanent written records of police activities which communicate facts concerning
people involved in criminal activities.
It is a written record of an officer’s statement concerning his theory and opinion about
the case investigated.

Uses and Purposes of Reports:

Police reports are written at the scene of many events and, as a result, used for a wide
variety of reasons. You should remember that every report you write might be the one that
“goes around the world” and is read by everyone.
l. Criminal Investigations – When you write a report documenting a criminal act,
that report becomes the basis for coordination of the complete investigation
and prosecution of the crime. It is also used to gain information for statistical
reporting and crime analysis. Whether the investigation is conducted by patrol
officers, general investigators, or a specialty unit of investigators, the original
crime report is the source document. Initial crime reports are also used to
compare past and current crimes to determine modus operandi and identify
suspects.
2. Newspapers and the Media – Crime reports, and in some cases all reports, are
available to the press and the media. In most states, some parts of the crime reports
may be deleted, for example, names of juvenile suspects and victims of certain
crimes. However, in general, the press has the right of access to reports. The result
is they read exactly what you have written, including misspellings and grammatical
errors.
3. Reference Materials – Because reports are permanent documents, they provide
an excellent source of historical information. They maybe used to document       the
agency’s actions, refresh your memory or determine liability.
4. Statistical Data for Crime Analysis – The rapid development of compute
technology, including expert systems and automated pin maps, has resulted in
improved crime analysis. The source document for that information remains       the
crime report you write in the field. Your reports are used to identify       trends,
locations, and methods of operations. The result of that analysis       maybe directed
patrol.
5. Documentation – Reports are used to document the action of the department       and
its officers. Because police departments are typically reactive, reports
document what actions were taken to stop the criminal activity or arrest the
suspect. They provide evidence of the department’s responsiveness to the
community and its needs.
6. Officer’s Evaluation – It is common for supervisors to use reports to evaluate
an officer’s performance. An experienced supervisor can determine your
ability to organize information, level of education, technical knowledge,
intelligence, and pride in the job. A report discloses an officer’s weaknesses,
7. Statistical reporting – Crime reports are the source documents for the           
collection of statistical data. Agencies report crime statistics to various state and
federal agencies. Statistical reports may also be generated for budget purposes, city
council briefings, and other special-interest groups.

Report Writing Audience:

 Your reports must be self-explanatory because numerous people make decisions based on
the information in your reports. Depending on the nature of the event, any or all of the
following may read your report:
1. Police Departments: Supervisors, and administrators of both your department
      and those cooperating in investigations;
2. Attorneys: Prosecution, defense, civil, and judges – all attorneys who may read your
reports;
3. Jurors: In both criminal and civil trials;
4. Administrators: From your department and jurisdiction, as well as from city, county,
and state jurisdictions;
5. Medical Professionals: Doctors, psychiatrists and psychologists;
6. Corrections: Country jail and state and federal prison staff, including probation
officers and parole agents;
7. Insurance Companies: The parties involved in claims;
8. Media: Newspapers, radio and television;
9. Regulatory agencies: Motor vehicle departments, insurance commissioners, alcohol
beverage control, consumer affairs.

Two General Types of Police Reports:

1. Basic or Informal Report – This report deals with the ordinary, miscellaneous,
usual, day to day memorandum, letter, or form accomplished by any member
  of a unit, section, precinct, bureau or division within a department in
accordance with prescribed regulation. Usually, this report contains the                   following
items:
The heading or the letterhead of the organization, office or section where
the writer is assigned.

The date of preparation or submission.

The person or office to whom it is addressed or submitted.

The text proper.

The name of the writer or the source of the report.

Basic or informal reports are generally informal in nature. It seldoms goes out of the
police department.
2. Investigative or Formal Report – This report covers a full dress treatment in
the presentation of the case. It is an exact and exhaustive narration of facts,
without any addition or subtraction, which were discovered during the course
of the investigation.

This report is classified as Initial or Advance Report, Progress or

Follow-                   up Report and Final or Closing Report.

a. Initial or Advance Report – It is an advance information on a new or fresh

case assigned to an investigator. It is written and submitted immediately after
having conducted the initial investigation of the case.

b. Progress or Follow-up Report – It is the result of the follow-up

investigation of the fresh or new case. It is written and submitted every time
or whenever any development or progress is accomplished in the follow-up
investigation.
 It is through these progress reports that a supervisor can determine if the
detective is working on his case and, therefore, serve as a gauge or yardstick
for the detective’s efficiency.
c. Final or Closing Report – It is a complete written narration of facts based
on an extensive investigation of the case by the detective who initially started
the investigation of the case; it is the result of evaluation, summation,
analysis of all the facts and circumstances surrounding the case; tying all                   loose ends
pertinent, thereto so as to form a clear and composite picture of the
crime committed in the minds of the readers for prosecutorial and judicial
actions.
This final or closing report is written and submitted whenever the case is
solved and classified as closed. It is categorized as solved and closed when
the offender is finally arrested, the evidence against him is completely to
warrant prosecution, and witnesses are located to testify the trial.
Final or closing report is the proof of the successful culmination of a work
well done. But before a case is considered solved and eventually closed, an
investigator has to undertake a hazardous, persevering hit and miss follow-up
actions to verify information which will lead to the final solution of the case.

Values of Reports:

1. Reports are filed because they are needed for the efficient operation of law
      enforcement activities.
2. Reports are permanent records of all the important facts of a case. They are
      stockpile of information to be drawn upon by all individuals on a law
enforcement team. The efficiency of a department is directly related to the
quality of the reports and its reporting procedures.
3. Reports are written to serve as raw materials from which records systems are
      made.
4. Reports are written to reveal as part of the component of the record system,
the direct relationships between the efficiency of the department and the
quality of its ports and reporting procedures.
5. Reports are written to guide administrators for policy formulation and
      decision making.
6. Reports are written to serve as gauge or yardstick for efficiency evaluation
                  of police officers.
7. Reports are written to guide prosecutors and courts in the trial of criminal
cases investigated by the police.

Qualities of Good Reports:

All police reports must contain certain qualities which can be categorized as follows;
1. Accuracy – accuracy is one of the essential qualities of report writing.
Literally, accuracy means in exact conformity to the fact: errorless.
Being accurate is being exacting. This can be attained by guarding
against careless thinking, expressions and calculations.

A fact is something that has been objectively verified. You must report
the facts correctly and without error. The identification of facts is imperative
to establish the corpus delicti or body of the crime in your report. You must
restrict your report to the facts of the incident as you saw them or as victims
and witnesses reported to you. You must accurately report the conditions
of the scene as you found them. Avoid reporting opinions, inferences
(drawing a conclusion), suppositions (assumption of truth), or hearsay as
though they were facts.
An investigator is a fact finder. Therefore, all the contents of his report
must be based on facts – facts which are known through the use of any or all
of his five senses.
 When you refer to appendages on top of house which receive TV signals,
they are called antennas but when you are referring to the appendages on an
insect, you mean antennae.

2. Brevity – it is conciseness of expression. It is also a means of checking the

development of your own ideas and the accuracy of your expression. Being
brief is a courtesy to the reader.
Brevity or conciseness also means saying much in fewer words as
possible. Conciseness relates to the elimination of unnecessary words and
does not mean short. Suggestions to help you write concise reports include
using active voice, avoiding wordiness, eliminating unnecessary prepositional
phrases, and using ordinary and commonly understood words. Most sentences
in police reports are 12 to 15 words.

Avoid redundant ideas. It will only defeat the purpose of the writer. The
reader gets tired of seeing the same word or word groups, carelessly                   distributed
in a sentence in a paragraph. Repetition and wordiness should not                   be
encouraged if they are not important in the report.

A writer thinks that the more there are, the more emphatic the impression.
Using the words “herewith”, or “hereto” after “Enclosed”, “Attached”,
“Submitted”, “Referred”, “Transmitted”, and similar expressions is                    meaninglessly
wordy. In a sentence, Enclosed please and the Photostats of the                    different transmittals
ending in your office, you better omit “please find” as                     the reader will surely do. So,
it should read “Enclosed are the Photostats of                     the different transmittals pending in
your office”.

Below is the list of wordy expressions, changed to shorter interpretations.

WORDY SHORTER INTERPRETATIONS

At a period of time when when

At this present writing now
Due to the fact that because
For the reason that because
In compliance with your for
Request or pursuant to as requested
Your request or on request
In the event that in case of (if)
In the majority of circumstances usually
In this time and age today
In (with) reference to about (concerning to)
In view of the fact that as
Notwithstanding the fact that although (or even though)
Under date of on (of, or dated)

Exercise: Try changing these wordy statements into a more concise ones:

1. Enclosed herewith please find the Xeroxed copy of the endorsement

provided you a year ago.
2. Submitted hereto are nominees to represent the unit in the seminar.
3. Our uniform and invariable policy is to get rid of “scalawag”.
During the course of our investigation, subject officer was found guilty
of malversation of government funds.
4. We are sad to tell you that perhaps we may not be in a position to disclose
casualties.
 3. Clarity – Clarity means plain or evident to the mind of the reader. Good       English
is relative. It can be right for one reader, wrong for another.
A writer must always worked for clarity in Police Report Writing. He is
Duty-bound to service his readers by letting them understand easily what he is
trying to get across. Remember that the readers have no time to look into
meanings of difficult words, but it is just a waste of time and effort on the part of
the readers.

The language and format in your police report must be simple and direct
as possible – meaning direct to the point. You should use simple word so the
reader will know exactly what you want him to know. Avoid using words that can
have double meanings. Common words are more jargon, and unnecessary             abbreviations.
Common words are more powerful that uncommon ones for the
simple reason that they can be understood by a number of people.

How To achieve Clarity/Clearness in Your Report:

1. Avoid impressive impressions – These are big words, stilted, bombastic, and
high fallowing. Try to compare the following BIG WORDS and their SIMPLE
COUNTERPART.

BIG WORDS SIMPLE COUNTERPART

Magnitude size
Maximize develop fully
Approximately about
Commence begin, start
Correlate match
Promulgate issue
Modification change, amend
Expedite hurry, hasten
Accumulate gather
Acquaint tell
Ameliorate improve
Inadvertency mistake
Liquidate pay
Terminate end
Remuneration pay
In lieu of instead

Examples in sentences:

1. In lieu of his prestigious position, he was made a “bouncer”.

2. The program has commenced before we arrived.
3. Make some modifications in your report.

4. I interpose no objection to your going abroad.

5. An army career offers you the opportunity to peregrinate in foreign countries.
2. Avoid an unwitting language transfer – Clearness is knowing what to say and saying
it as simple as possible. However, in trying to know what to say, some Filipino
attempt at language transference. Linguists have coined this expression to aptly
described how one transfers what he thinks is his home language to a target language,
in this case, from Filipino to English. Unconsciously, his written communication
becomes semantically ill formed, thereby, resulting in bigotry, losing clarity in the
process.

Examples:

a. ang kanyang  mga marka ay katamtaman lamang.)

 b. I was disgraced in a car accident.
c. I hope you take her for granted.
3. Avoid illiteracy in using the word – This refers to the misuse of an English word. It is
not the only language transference that distorts an English utterance of a Filipino but
our illiteracy in using the words. Never mistake farther for further. The former
applies to distance. (He can go farther than South). The second applies to degrees.
(He gave up further information on the insurance business).

Below are expressions which are interchangeably used in one another:

1. Adapt (to make correspond, to adjust)
You have to adapt yourself to the climate.
Adopt (to choose or take at one’s self, as a child, as an option, or a course
of action)
We must adopt your suggestions.
2. Advice (a noun meaning counsel or suggestions of information).
Our company welcomes your advice.
Advise (a verb meaning to counsel)
He advises me on personnel management.
3. Affect (a verb meaning to modify or influence)
Your wife’s behavior affects your career.
Effect (maybe a noun or verb; as a noun, it means outcome or result);as a       verb, it
means to accomplish or bring about)
The effect of radiation is damaging. (noun)
I want to effect changes in the community. (verb)
4. Course (career, direction or line of motion)
In the course of our conversation, I learned his motives.
Coarse (rough, not refined)
He has a coarse language
5. Eminent (distinguished)
He is an eminent statistician.
Imminent (impending, about to happen)
It would have been an imminent disaster had the soldier not taken the       rescue.
6. Price (the amount of money asked or given for something; cost; value; worth)
The price of this percolator is commensurate to its durability. Price (as
noun, something offered or given to a person winning in a contest.
The prize is a given to the hundredth buyer of the percolator.
7. Illicit (an adjective meaning unlawful)
She is having an illicit affair.
Elicit (a verb meaning to draw out information, etc.)
I elicit the information that their transaction was illicit.

8. Complement (full number of quantity, a complete set; to supply a deficiency)

The office drapes complement the oil painting.
Compliment (a formal act or expression of courtesy; to flatter or praise)
I heard an honest compliment about his exemplary behavior.
9. their (belonging to them; used attributively)
Your sheriff intends to confiscate their property.
there (in the place; at that point or stage)
There is that questionable property for confiscation.
10. stationary (fixed; not moving)
His assignment is stationary in nature.
Stationery (writing material)
He uses the first- class stationery in his office.
4. Complete – Completeness in report in writing means that all the facts
discovered during the conduct of investigation must be reported. Do not
omit some facts just to attain brevity. This will mislead the reader particularly       if
decision-making is involved. Partially stated facts are misleading as       falsehoods.
Your report must answer the who, what, when, where, why, and how
questions. It must also contain the elements of the offense (corpus delicti)
 and your probable cause to stop, detain, arrest, search, and seize. Your memory
is not sufficient to assure the completeness of the reports. Proper note-taking
techniques assure you will write complete reports.

The Five W’s in Report Writing:

Who was involved? – You need to include all victims, witnesses and suspects.
It is up to you to locate everyone involved at the scene.
What happened? – Through your preliminary investigation, you must determine what
took place. Was it crime, civil problem, or medical aid? What type of property was taken? What
vehicles were used? What was point of entry? What type of weapon was used?
When did it happen? – You must determine the time of occurrence. You are also
responsible for recording when other events occurred at the scene. When did the investigators
arrive? When did the sergeant arrive?

Where did it happen? – You are responsible to locate the exact location where the event
took place. If possible, use a street address, landmarks, or exact measurements. You are also
responsible for the description of the area where the crime occurred. Was it a business complex,
shopping mall, or single-family residence?

Why did it happen? – The why is most crimes is an integral part of the motive. Generally
speaking, motives are revenge, monetary or personal grin narcotics addiction, infliction of bodily
injury, or sexual gratification.

5. Factual – Everything an investigator writes in his report must be based on

facts – facts discovered during the course of his investigation. The simplest                   words
constructed in short, declarative sentence – styling, in the third person,                   is all that is
need.
The police investigator is a fact finder. Hence, all the contents of his report
     must be factual. There should be no substraction or addition of data gathered
during the conduct of investigation. If the investigator states in his report that                  the
victim has a wound on her left breast, that is a fact because it is based on                  his sense of
sight. It is a statement based on facts – it can be proven.

As an investigator, you must report the facts correctly and without error.
Avoid reporting opinion, inference (drawing a conclusion), supposition                  (assumption
of truth), hear to say as though they were facts. Opinion
inference, and supposition are frequently based on logical premises; however,
they can be based on prejudice and bias, thereby leaving you open for                   criticism.
6. Specific – The report must be particular, definite, detailed. Use specific words
Specific words that help you in conveying your ideas most clearly to the reader. You
make a direct mental connection with the readers of your report. The reader can
picture in his mind what you have in your mind.

If someone will report a certain police officer because of the abuses he has
committed against the complainant, he would not be specific if he would not mention
his full name and rank, his unit assignment, the details of his offences and everything
about what happened. He has to go on details. It is not enough that he will just be
reporting that a certain police made abuses on him.

Concretize abstract words. Instead of saying “weapon” specify what kind of

weapon. Let’s say “automobiles.” You can specify this as a 1985 Toyota Corolla,
Flaming red, with plate number as WCX 419.

Avoid using poor phrases in police report writing. Expressions like “It was
determined”, It was learned” should be avoided. Take note of the following
paragraph:
 “On June 30, 1990, Primo Dimapuno was arrested and held for investigation for
robbery. It was determined that he has around the vicinity when the complaint found
out that his safe containing jewelry is no longer on his bedsides table.”

Review Notes on Report Writing - 10

The question is “Who determined?”

The following expression are not specific, therefore, they should be substituted
with better ones, more concrete in treatment.

1. At an early date, in the near future, the earliest possible time.

You will be notified at an early date.

Mention the particular date. When? This month? This year?

2. Compromise

I have a compromise to attend to.

Name the particular engagement.

3. Party (When referred to somebody as in the legal parlance)

The said party is guilty of murder.

Name the particular person or party you are referring to.

7. Objective – You must always remember that there are always two sides to
every story, and both sides have a right to be told. You must not be influenced by
emotion, personal prejudice, or opinion. You collect and report the facts in an
objective and professional manner.

8. Current or Up-to-Date – The report must be current. Investigative reports must

be submitted on time. It should be submitted even a few hours late or delay  renders
the report useless or obsolete. It is not any more a report but rather a  news story.
Every investigative report be it initial, progress or final must be  submitted as soon as
possible.

Investigative reports submitted of time is a measure/gauge/yardstick of

the efficiency of a police investigator. It shows how dedicated and efficient
police investigator he is.

9. It must be written in proper form – Form refers to the arrangement of the materials
presented. The mechanical set up. It refers to anything that will make your report
more easily read and useful as a reference.

Form includes proper paragraphing, indention, punctuation, capitalization,

syllabication, numbers, spelling, abbreviations – these are the mechanics in
police report writing.
Review Notes on Report Writing - 11

Types of Reports:

The following types of reports are commonly used in every police departments:

1. Arrest Report – Arrest Reports are used to document the events that occur
when you arrest a suspect. Many officers take little pride in or time and
energy to complete arrest reports, yet the arrest report is one of the most
important an investigator will write. You must include your probable cause
to stop, detain, and arrest the suspect. An arrest report also lays groundwork
for your probable cause to search for fruit or instrumentalities of the crime.

2. Clearance Report – Clearance Report are used to document the disposition of

a criminal case. Dispositions includes arrest, identification of the suspect without
arrest, recovery of property, restitution, or filing a criminal complaint. You seldom
used clearance reports for non-criminal incidents.

3. Crime Report – Crime Reports, sometimes called “face-sheets”, are completed

when your preliminary investigation results in the conclusion that a crime occurred.
The report documents your preliminary investigation and must include the corpus
delicti or elements of the crime. It may also include suspect descriptions, property
taken, evidence collected, property damage, and injuries to the victim. It should also
include information about the suspect’s modus operandi.

4. Daily Activity Report – You may record daily activity on a Daily Activity       Report
or Officer’s Log. Typically, the report includes the location of the       activity, amount of
time spent, the names of people you talked to, and a brief       disposition. In many
agencies, you may use a mobile data terminal or lap-top       computer to record the
information.

5.   Evidence Report – The collection and preservation of evidence at a crime

scene may be documented in an evidence report. You use it to document the
chain of evidence. You may also use it to request forensic examination of the
evidence.

5. Incident Report – Incident Reports document events that are not crimes.
Depending on the activity in your jurisdiction, 70 percent of your calls for service
may not be crimes, for example, medical aid calls and civil disputes. In many of these
cases, you will have to write a report documenting your actions. Incident reports may
also be called service or miscellaneous reports.

6. Memorandums – A memo is a report on a departmental form and is used to

clarify the daily operation of the department. You may use memos to request
information and to respond to requests for information. You frequently write memos
concerning personnel request, maintenance requests, and training.

7. Narcotics or Intoxication Reports – Narcotics or Intoxication Reports re used

to document the suspect’s condition when under the influence of drugs or alcohol. In
opiate influences case, the report may include a diagram showing he location of
puncture wounds. It is not uncommon to complete an intoxication report for a suspect
arrested for driving under the influence of alcohol/or a drugs or for public
intoxication.
Review Notes on Report Writing - 12

8. Supplemental Reports – In many cases, you are not the first officer on the
scene, yet you may still conduct part of the investigation. You will need to document
your actions in a supplemental report to information you discover after you have
written the original report.

9. Traffic Accident Reports – Traffic Accident Reports document facts at the

scene of a traffic collision. You report may include statements of witnesses,
diagrams, and photographs. Depending on your department’s policy and state law,
traffic officers may use a “short” form of the report for non-injury accidents.

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