REVIEW NOTES IN FUNDAMENTALS OF

CRIMINAL INVESTIGATION AND Investigation is the process of inquiring, eliciting,

INTELLIGENCE soliciting and getting vital information, facts,
circumstances in order to establish the truth.
Criminal Investigation - is the collection of facts to
accomplish a three-fold aim: The word “investigation” came from the latin word
“vestigare”, which means “to track or to trace”.
a. to identify the suspect; b. to locate the suspect; and
c. to provide evidence of his guilt. Basic Elements of Investigative Process
1. Recognition – information relating to
is “the systematic, step-by-step process of determining crime must be recognized by the
whether or not a crime has been committed, and if so, investigator.
who committed it”. 2. Collection – information that is relevant
must be collected by the investigator for
Criminal Investigation as an ART: processing and presentation in court
- It is more an art rather than a 3. Preservation – evidence collected must be
science because it is not governed preserved for future use.
by rigid rules or principles. Types of Investigation
Criminal Investigation as a SCIENCE: 1. Formal Investigation- it is usually done by the
- This primarily apply scientific police to discover facts concerning a civil or
knowledge, principles and criminal case
methodologies in order to discover, 2. Inquest- it is used to describe a form of judicial
identify collect and process facts inquiry. It is conducted by Public prosecutors to
and evidence to promote justice. determined of legal grounds exist in filling a
Criminal Investigation as a PROCESS: criminal complainant against a person.
- It involves the systematic process of 3. Inquisition- it simply refers to any penetrating
identifying, collecting, preserving investigation concerning a religious issued.
and evaluating data or raw facts to 4. Probe- it is an extensive, searching inquiry
produce valuable information to conducted by the government. However, it is
persecute a criminal offender that often associated with committees, usually in the
eventually leads to proper form of legislative inquiries. Examples are the
administration of Justice. investigation conducted by the Senate Blue
Stages: Ribbon Committee.
5. Research- it refers to careful, patient,
1. Detection – is the fact of discovery. It is the chance investigation done by scientists or scholars in
event which triggers the operation of our criminal justice their efforts to identify original sources of data
system. This occurs when a possible crime is observed or causes of problem.
by the police or is reported to its attention. 6. Investigative Reporting – a recent practice
pursued by the members of the press on their
2. Preliminary Investigation – the early of initial stage own initiative. It is designed to serve a dual
of the investigation immediately after the occurrence of purpose:
the crime. This is usually done by first responders or a. to attract readers/viewers, and
patrol officers who take the following primary b. to get to the roots or a problem.
responsibilities on site:
I. Deal with emergencies first: Special Crime Investigation- deals with the study of
major crimes based on applying special investigative
- Neutralize all threats
techniques.
- Render aid to the injured.
Custodial Investigation – is the questioning of a law
- Cordon the crime scene enforcement officer on a person under custody and
otherwise deprived of his freedom or liberty. This is the
II. Record all information and disseminate to stage in investigation where there is strict observance of
available patrol units for possible hot pursuit. the Miranda Doctrine.
III. Wait for investigator.
IV. Make initial/spot report
Miranda vs. Arizona – a US Supreme Court CARDINALS OF INVESTIGATION
Jurisprudence which laid down the constitutional rights
What – the specific offense that had been committed
of the accused during custodial investigation.
How- Mode or manner of the crime
Felony - an act or omission in violation of the Revised
Penal Code Who- person/s involved in the crime (suspects/victims)
Offense - an act or omission in violation of the Special Where- place where the commission of the crime
Penal Laws.
When - date and time of commission of the crime
Misdemeanor - a minor infraction of law such as
violation of an ordinance. Why – motive or reason of the crime

Crime- an act omitted or committed in violation of

public law forbidding or commanding it. Qualities of a Good Investigator
• Integrity-the investigator will encounter
Elements: overflowing temptations of women, money and
other intangible promises.
- Intent/motive- refers to the reason or cause why • Network-information would be obtained easier
a person or group of persons will perpetrate a and faster if the investigation has developed
crime good contacts or source of information.
- Opportunity- consists of the acts of omission • Versatility-a key to adapt and be on the top of
and/or commission by a person (the victim) different situations that would be encountered by
which enables another person or group of an investigator in his quest for truth and justice.
persons (the criminal/s) to perpetrate the crime. • Enthusiasm- no investigator would become
- Instrumentality- is the means or implement successful in his objectives if he does not
used in the commission of the crime. possess this quality.
• Self control-it refers to the ability to control one
Malum in se /Mala in se – the act is inherently evil or self regardless of provoking situation.
bad or per se wrongful. • Tactfulness-it is the ability to deal with other
people effectively without offending them.
Mala Prohibita/Malum Prohibitum- the act is wrong • Intelligence-he must have the knowledge in
because there is a law punishing it. psychology to decipher falsehood from truth.
• Guts- a good investigator has an incompatible
Accused is a person who has been formally charged by courage to face several tremendous obstacles
the prosecutor with a crime within the jurisdiction of the along the way.
tribunal. • Acting Ability- it is the ability to go down to the
level of the lower strata, minor, squatters or even
Witness- A person who gives information about an
the level of the elite, noble or professional.
incident or event. • Timeliness-being prompt in doing his assigned
Criminal is a person who has pronounced conviction or tasks will contribute much in giving justice to
judgment of the offense committed coming from the the aggrieved party.
• Optimistic-positive thinking no matter how
court. Serial killer is someone who murders 3 or
difficult the situation is, would attract positive
more people with “cooling off “periods in between. spirit that would result to positive outcome.
Criminal Investigator (Prober)- A public officer who is • Researched Oriented- this quality makes the
tasked to investigate all crime cases as provided for investigator go beyond the usual beliefs and
practice. This would help him discover new
embodied under the criminal laws.
ways and techniques to solve a problem.
Rules on Investigation;
BASIC FUNCTION OF INVESTIGATORS
1. Intuition- process of manipulating gathered in 1. Providing emergency assistance
the head. 2. Securing the crime scene
2. Chance/luck- sometimes prober relies on luck 3. Photographing, videotaping and sketching.
on investigation. 4. Taking roles and writing reports
3. Felicity of Inspiration- The purpose of prober 5. Searching for obtaining and processing physical
is to solve crime. evidences
 6. Obtaining information from witnesses and INTELLIGENCE is a processed set of information.
suspects. The END product resulting from a collection, evaluation
7. Identifying suspects. and interpretation of information.
8. Conducting sands, surveillances, stake out, and
undercover assignment, and INTELLIGENCE may refer to any of the following:
9. Testifying in court;
10. Investigation monitoring and research. • Processed Information (the end product)
• Organization (institutional structure of the
government tasked to collect information)
Tools in Criminal Investigation (3 I’s) • Activity (the task of collecting information to
1. Information – knowledge which the become intelligence)
investigator gathered and acquired from other STRATEGIC INTELLIGENCE the long range in
persons. (bloodline of intelligence). nature with little practical immediate operation value
Regular sources– Acquired easily from anyone. LINE INTELLIGENCE refers to knowledge, activity
Cultivated sources – Hard to acquire. and organization that is essential to the planning and
execution of operation.
Grapevine sources – coming from criminals.
COUNTER INTELLIGENCE designed to deny
INTELLIGENCE is a processed set of information. information to the enemy.
The product resulting from a collection, evaluation and
interpretation of information which concerns one or TWO GENERAL FORMS OF POLICE
more aspects of foreign nations or of functional or INTELLIGENCE
geographic areas and which is immediately or potentially 1.UNDERCOVER INTELLIGENCE –these types of
significant to the development and execution of PLANS, intelligence in the hands of the detective and patrolman
POLICIES and OPERATIONS. plays an important part in the solution of individual
INTELLIGENCE may refer to any of the following: criminal cases and the apprehension of wanted persons.

• Processed Information (the end product) 2. DEPARTMENTAL INTELLIGENCE –It is derived

from organized information available in the police
• Organization (institutional structure of the
records division, which is concerned with the nature,
government tasked to collect information)
size, and distribution of the police to, which the police
• Activity (the task of collecting information to
records are properly maintained and processed is directly
become intelligence)
related to administrative performance and it is a
principal determining factor in the quality of police
service delivered to the community.
Systems of Gathering Information
1. French System – this involves the practice FORMS OF INTELLIGENCE
of or obtaining information that relies
heavily in buying information. Hence, it 1. Overt – involves those openly conducted by
advocates the extensive use of informers. intelligence personnel such as research and liasoning;
2. English System – this is the practice of
2. Covert – Intel activities undertaken clandestinely in
gathering information that has little regard/
consideration on paid information. It is the order to get the necessary information not available to
system that relies more on the info provide open source.
voluntarily or willingly by patriots or civic PRINCIPLES OF INTELLIGENCE
minded informants
Three General Categories of Sources of information 1. Timeliness – intelligence must reach the user in time
1. Place to serve, as basis for appropriate action.
2. Things
3. Persons 2. Commander’s Need – intelligence must fit the need
of the commander,
3. Principle of Planning – principle of intelligence
which requires careful and thorough setting of ideas.
4. An Integral Part of Military Operation – The nucleus of the Intelligence Cycle is the MISSION.
intelligence activities are made part of any military It is a clear and concise statement of the task to be
operations. accomplished by a unit. It may be in the form of a
mission statement that emanates from higher
5. Flexibility – intelligence activities are based on
headquarters; developed by the command; or deduced by
reason and judgment, and not on fixed procedures.
to answer the 5 “W’s” and 1 “H”. Know what is
6. Imagination and Resourcefulness – are essential for required, where the info will be obtained; collection
a successful intelligence operation. techniques and the time allowable.

7. Principle of Security – anything placed between, PHASE 1 – PLANNING THE COLLECTION

thing protected and potential intruder; EFFORT

8. Principle of Continuity – intelligence activities This phase of the cycle involve the determination of the
follow a single continuous cycle. requirements of intelligence.

9. Need To Know – knowledge for those who have an ESSENTIAL ELEMENT OF INFORMATION
area of interest/ influence and according to the needs of (EEI)- an item of intelligence or information of the
an authorized individual. characteristics of the area of operations and the enemy,
which the commander feels he needs before he can
10. Compartmentalization – intelligence is not reasonably arrive at a decision.
disseminated to an individual or unit due to some
restriction as required by the commander. PHASE 2 – COLLECTION OF INFORMATION

Codes of evaluation as to source and as to information This phase of the cycle is concerned with the
shall be indicated on all information forwarded or identification of the collecting agency, the formulation of
disseminated. procedures on the manner of collecting the information
in conjuction of the phase one.
SOURCE
PHASE 3 – PROCESSING THE COLLECTED
 Completely Reliable – A INFORMATION
 Usually Reliable – B
 Fairly Reliable – C This phase of the cycle is concerned with the
 Not Usually Reliable -D examination and collation of all collected information
 Unreliable - E
PHASE 4 – DISSEMINATION AND USE OF
 Reliability Unknown - F
INFORMATION
INFORMATIONS CODES FRO SOURCES OF
This phase of the cycle refers to the activities of
INFORMATIONS
transferring the processed information to the proper
Confirmed by other Sources 1 Direct users, most particularly the authority that requires the
Observation of the Commander T activity.

Probably True 2 Report Steps in Processing Information (R, E, A)

of Agent U
• Recording – this is the reduction of information to
Possibly True 3 Own writing or some form of graphical representation and the
Troop / Element V arranging of this information into groups of related
items.
Doubtfully True 4 Tactical
Interrogation W • Evaluation – the examination of raw information to
determine its intelligence value, pertinence of the
Improbable 5 information, reliability of the source/ agency and its
Government Personnel X credibility or truthfulness of the information.
Truth cannot be Judge 6 COLLATION – is the organization and grouping of raw
Document Z data to be reduced into a useable form.
THE INTELLIGENCE CYCLE
DATA EVALUATION – after information were 3. Rival Elimination Informant- Giving info to
obtained in relation to the inquiry, the analyst will eliminate rival.
evaluate the information according to its reliability and 4. False Informant- giving false info.
validity, and the relationship of the sources to the 5. Self- Aggrandizing informants- Arrogants
information. “sip-sip”.
6. Mercenary informants- sells info.
In Evaluation, Admiralty Scale must be used.
7. Double Crosser- Gives info. But obtains info
Note : When grading any information, separate the from the police.
source from the information. Do not grade them 8. Women Informant- Most effective &
together, because what may have been a reliable source dangerous informants.
in the past may not be true for the present or future 9. Legitimate Informant- Gives info to prober for
situation. a legitimate reason
10. Incidental Informant- Gives info with no
DATA COLLATION – after evaluating, information’s intention of repeating the service.
acquired should be stored and be retrieved at a later 11. Casual Informant- are individuals who by
stage. These can be integrated or cross referenced with social/professional position/poses or has access
other held information. Storing information can be to information of continuing interest willingly to
manually or electronically. provide info.
Factors to be considered in evaluating information: 12. Frightened Informant- Gives info for reason of
fear.
1. Pertinence or importance of the information 13. Recruited Informant – A person who is
2. Reliability selected cultivated and developed into a
3. Credibility continuous source of info
Analysis (Data Interpretation) – when information is Categories of Recruited Informants:
received, processed and integrated with available
holdings, bits and pieces of info’s should be organized 1. Spontaneous or Automatic Informant –
Informants who by the nature of their work
into forms which facilitates understanding and highlights
or position in society have a certain legal,
further as information requirements.
moral or ethical responsibilities to report
Steps in Analysis info to the police
2. Ordinary run of he Mill Informants –
1. Interpretation or Assessment Informants that are under the compulsion to
2. Integration report info to the police
3. Special Employee – informants who are of
Pitfalls to Avoid: a specific operational nature
 Garbage Information
 Disinformation Motives of informant;
 Intelligence Noise
I. Vanity- gain favorable attention
Intelligence Operations is the result of intelligence II. Civic-mindedness- concerned citizen
planning, planning is always ahead of operation although III. Fear- under illusion or oppression of
an operation can be made without a plan, it is usually enemies.
due to sudden and inevitable situations but definitely this IV. Repentance- those who feel conscience.
is poor intelligence management. V. Avoidance of punishment- to avoid blame
and punishment.
Informer- types of person giving information
VI. Competition-To eliminate competitors.
Types of Informants; VII. Revenge- settle a grudge because someone
took advantage of him.
1. Anonymous informant- does not wish to be
VIII. Jealousy- envious of accomplishment of
known.
others.
2. Confidential Informant- Known by
IX. Remuneration-monetary or material gain
investigator only
How to Communicate with Informants
 1. Meeting should NOT be done in the office of the m. Honesty, discretion and loyalty to
investigator. his job and his organization.
2. There should be a non-recognizable pattern of a n. References for evaluation of the
meeting place. This can be done by having a subject.
meeting in different places. 2. Subjective Interview
3. Code name should be used especially when 3. Objective Interview
using phone when the divulging a very sensitive Three Stages of Interview
and highly confidential information. 1. Preliminary Interview
2. Follow-up Interview
Investigator’s relationship with the Informants 3. Final Interview
1. The Investigators should protect the identity of
the informant. Qualities of a Good Interviewer
2. If the circumstances needed, informant’s identity 4. Rapport – It is the good and harmonious
should be disclosed to proper authorities only. relationship between interviewer and
3. Investigator should treat the informant with interviewee that is necessary in order that the
consideration irrespective of his economic latter will tell the former all useful and factual
status, education and character. information he knows.
4. The investigator should not allow the informant 5. Strong & Forceful Personality- The
to dominate or control any part of the interviewer must have a forceful personality,
investigation. which can be shown in appearance,
communication techniques and force of his
DISCHARGE OF INFORMANTS language.
1. Security Risk 6. Knowledge of Human Behavior- This can help
2. Commission of Crimes the interviewer to gauge the character and
3. Providing False Information intelligence of his interviewee. The former
4. Others should go down on the level of the latter to
attain effective and fruitful interview.
7. Conversational Tone of Voice- The tone of
2. Interview & Interrogation – skillful voice of the interviewer should be
questioning of a person who are reluctant to conversational not confrontational.
divulge valuable information to the authority. 8. Breadth of Interest- The interviewer should
Interview is a simple inquiry/conversation type have a broad practical knowledge of almost
elicitation of information from a willing anything to build common interest between him
victim(s), witness (es) relevant to a certain and his interviewee in order to have a good flow
crime/incident/event under investigation. of communication and understanding.
9. Good Actor- He should know how to use the
TYPES OF INTERVIEW used in Criminal Case power of persuasion by being a good actor,
1. Background Interview salesman and psychologist.
The Background Data that must be indicated; 10. Humility- He must be humbler and courteous to
a. Data and time of interview the interviewee.
b. Setting/place of interview
c. Full name of the subject I.R.O.N.I.C. FORMAT IN INTERVIEW:
d. Address of the subject-past and
present place of residence  IDENTITY- Introduce yourself to the subject.
e. Educational Background  RAPPORT – Establish a relationship to make
f. Names and where about of relatives the subject comfortable during interview.
g. Personality traits, habits and  OPENING STATEMENT – Tell why he is
hobbies invited to interview.
h. Marital Status and numbers of  NARRATION – Make him narrate the story and
children don’t interrupt him while he’s narrating.
i. Profession or vocation  INQUIRY – After the subject narrated the story.
j. Type and tenure of employment or
Ask him what is uncleared to you or clarify the
contract
summary of what he had narrated to see if his
k. Name or employer, superiors, and /
or associates in his job. answer is consistent.
l. Membership in any organization
  CONCLUSION- Thank him for his cooperation 4. Sound Recording
and ask him to expect some invitations again if 5. Sound Motion Picture
he is needed.
Field Inquiry- It is the General Questioning of a
Types of Subject interview according to their person conducted by the investigator.
Attitudes
1. Know Nothing Type- the hesitant type of Purpose of Interrogation
witnesses. They are found among the illiterate
and of low level intelligence. a) To obtain information concerning the
2. Disinterested Type- This is the uncooperative innocence or guilt of suspect.
and indifferent type of subject that should be b) To obtain a confession to the crime from a
flattered first so that they will talk eventually. guilty suspect.
3. Drunken Type- The style of questioning should c) To induce the suspect to make admissions.
be adapted to the psychology of the subject. d) To know the surrounding circumstances of a
4. Suspicious Type- Fear must be removed and the crime.
investigator must apply psychological pressure. e) To learn of the existence and location of
Let him think that his non-cooperation will work physical evidence such as documents or
against him. weapons.
5. Talkative Type- These are the exaggerated
f) To learn the identity of accomplices
witnesses who make additional irrelevant details
of the stories. g) To develop information which will lead to the
6. Honest Type- These are the cooperative and fruits of the crime.
truthful witnesses where the investigator can h) To develop additional leads for the
rely upon, with little or no problem in handling investigation
them. i) To discover the details of any other crime in
7. Boasting Type- These are egocentric person. which the suspect participated.
The investigator must be patient in dealing with
them because they will be good witnesses due to Interrogator- a person performs skillful
their ability of expressing their accounts in the questioning of hostile witness and suspects.
commission of crimes. Interrogee- a subject of interrogation whether a
8. Timid Type- This is shy type of witness that suspect or a victim.
should be approached in a friendly way.
9. Deceitful Type – This is the liar type of witness Techniques in interrogation;
who provides false and misleading information.
I. Emotional Appeal- make the subject feel
guilt and conscience.
Interrogation is the skillful questioning of a II. Sympathetic Appeal- Show sympathy and
hostile witness (es) and suspect(s) passion to subject.
Stages of Interrogation III. Kindness- Offer him friendship
1. Initial Stage IV. Extenuation- Lessen the crime he commit.
2. Focusing Stage V. Shifting the Blame – The interrogator
3. Concluding Phase makes clear his belief that the subject is
obviously not the sort of person who usually
Purpose of Interrogation gets mixed up in a crime like this. The
1. To obtain a confession to the crime interrogator could tell from the start that he
2. To induce the subject to make admission was not dealing with a fellow who is a
3. To discover facts and circumstances surrounding criminal by nature and choice. The trouble
the offense with the suspect lies in his little weakness –
4. To determine the identity of the accomplices he like liquor, perhaps, or he is excessively
5. To develop information which will lead to the
fond or girls or he has had a bad run of luck
recovery of the fruits of the crime
in gambling.
Methods of Recording Interview/ Interrogation VI. Bluff or split pair- Ideal for two or more
1. Mental Note subjects, separately interrogate them into
2. Written Note different rooms and tell the other subject that
3. Stenographic Note
 the other had confess and you are only Analysis- examining the characteristics of
interrogating him. for clarification only. specimen.
VII. Mutt & jeff – Two (2) agents are Comparison- examination of similarities of
employed. Mutt, the relentless investigator, specimens.
who is not going to waste any time because Individualization-Formulation of specimen if
he knows the subject, is guilty. Jeff, of the matches to another.
other hand, is obviously a king-hearted man.
Identification used in criminalistics;
VIII. Pretense of evidence- show him evidence
from the crime scene. 1. Personal Identification- Process of identifying
IX. Jolting- slamming thing to intimidate. person using scientific examination of a part of
his body.
CRIMINAL INTERROGATION SYSTEMS
 Dactyloscopy- Study of Fingerprints
1. Types of Offenders and Approaches to be used in  Anthropometry- Study of measures of
Dealing With Them: body.
a) Emotional Offenders have a greater sense of
 Odontology- Study of teeth and teeth
morality. They easily feel remorse over what they have
prints(bite).
done. The best approach in interrogating this type of
offender is the sympathetic approach.
 Serology- study of body fluids.
b) Non-Emotional Offenders normally do not feel any 2. Firearm Identification- For forensic ballistics.
guilt, so the best way to interrogate them is through the
Procedures of identification by witness;
factual analysis approach, that is, by reasoning with the
subject and letting him know that his guilt has already  Verbal Description – the value of the
been, or will soon be, established. description must depend on the capacity of the
witness to describe the criminal.
Investigation Procedures;
 Photographic files (Rogues Gallery) – witness
Booking of Arrested Suspects may be taken to the headquarters to examine the
photographs in file. The modus operandi file
Booking of arrested suspects shall be undertaken to may also be shown upon knowledge of the
record and document the information surrounding the technique of the commission of the crime.
arrest of the suspect. After arrest, a suspect is taken into  General Photograph – investigator should
police custody and “booked” or “processed”. show the witness the variety of facial types
1. Record the arrest made in the Police Blotter. which do not necessarily represent the criminal.
2. Conduct pat down or strip search of the suspect. The picture only represents different features of
3. Submit the suspect for medical examination. the face. The image of various features such as
4. Take the criminal suspect’s personal information the degree of baldness, length or shape of the
(i.e. name, date of birth, physical characteristics, nose, the shape of mouth ear, etc.
etc.)  Artist’s Assistance – identification may be
5. Record information about the suspect’s alleged made by the employment of an artist to depict a
crime. composite of the features described by the
6. Perform a record search of the suspect’s criminal eyewitness.
background. Phases of Criminal Investigation
7. Take custody of any personal property carried by
the suspect, to be returned upon the suspect’s Phase I – Identify the suspect/s through;
release.
Confession; acknowledgment of guilt.
8. Place the suspect in a police station
lock-up/holding cell or local jail. - Judicial Confession- Made in court,
admissible.
3. Instrumentation- the scientific examination of - Extra-judicial Confession- made outside the
real evidence, application of instrument & court, admissible only when reduce to writing
methods of physical science in detecting crimes. and with the presence of counsel.
A.k.a “criminalistics”
Modus Operandi; A pattern of committing and 3. The combination of all the circumstances results in a
performing crime by specific criminal. moral certainty that the accused, to the exclusion of all
others, is the one who has committed the crime.
Eyewitness testimony; a narration of a person having
direct knowledge of the crime. Factors that Affect the Accuracy of Identification by
Witness
Circumstantial evidence; is the proof of a fact from
which taken either singly or collectively, the existence or 1. Retention- it is the ability of the witness to
a particular fact in dispute may be inferred as a positively identify and remember how the
necessary or probable consequence. criminal looks like. Its distinct physical features
particularly his face and body built are very
Methods of Identifying Criminals
significant.
A. By Confession/Admission of the Criminal himself
2. Visibility- it refers to the prevailing visibility
• Confession- it is the direst acknowledgement by during the time of the commission of an offense
the accused in a criminal case of truth of his in the crime scene.
guilt as to the crime charged or of some parts of
3. Time- it deals with the lapse of time between the
the commission of the criminal act itself.
violation and the identification was made.
• Admission- it is the statement of the facts by the
What must be inferred to prove identity by
accused in a criminal case which do not directly
circumstantial evidence?
involved the acknowledgement of guilt in the
commission of crimes for which he is charged. a. Motive – it may be inferred from circumstances and
from the statements of witnesses that the suspect has
Rules to be observed in taking Confession or
been motivated by a desire for revenge or
Admission
personal gain. Motive is hard to establish in crime
 Confession or admission must be taken
committed by mentally deranged persons.
preferably in writing and under oath; otherwise
it is not admissible as evidence. b. Opportunity – this is the physical possibility that the
suspect could have committed the crime. It may be
 It must be written in language understood by the
deduced from the following
accused, if not, it should be translated to the
language or dialect known to the accused. By Associative Evidence – An evidence which could
link a person to a crime scene.
 It must be freely and voluntarily given.
Deposition is the testimony of a witness reduced to
 Under the 1987 Constitution, it must be taken in
writing under oath or affirmation before a person
the presence of a lawyer chosen personally by
empowered to administer oaths in answer to
the accused.
interrogatories (questions) and cross-interrogations
Types of Criminal Identified by Witness submitted by the party desiring the deposition and the
opposite party.
Known Fugitives – if the criminal is known, then police
records and pictures are available. His relatives and Phase II – Locate and apprehend suspect/s;
friends can offer a description.
Surveillance- Keeping any person, place, or other in
Unknown Criminals – identification of unknown observation to obtain information or evidence.
criminals by eyewitnesses must be approached with
• Surveillant- it is the person who disguises or
caution by the investigator. observes secretly the persons, place and vehicles
Sufficiency of Circumstantial Evidence to Produce for the purpose of obtaining information
Conviction regarding the identity or activity of the subject.
In other words, it is the one who observes the
1. There is more than one circumstance subject.
What is a Subject?
2. The facts from which the inferences are derived have • It refers to the persons, places or vehicles being
been proven watched by the Surveillant.
 4. To discover the characters, habits and hang outs
Types of Surveillance of a subject
1. Overt- it is also known as Open Surveillance 5. To find wanted person
because the subject knows that he is being tailed. 6. To protect a witness
2. Covert- otherwise known as Closed 7. To check the loyalty of an employee where the
Surveillance, since the subject is no aware that pilferage happened
he is being watched. 8. To obtain evidence
Objectives of Surveillance
1. To prevent the commission of a crime
2. To detect criminal activities  Loose tail- know the general impression of the
3. To discover the identities of those who usually subject.
committed crimes in a particular crime prone  Rough tail- without precaution since the subject
area is aware.
4. To discern the attitude and habit of those people  Close tail- too much precaution.
who live or stay in the crime prone area
5. Gather evidence Shadowing;
6. To arrest those law violators in flagrante delicto
 One man- one person following subject, too
risky.
Mission of the Surveillant
P-erson  Two man- two person following, alternately
O-bject risky.
P-lace  ABC Method- Ideal type, less chance of burn
E-vent out.
Things to Remember by a Surveillant  Progressive/LEAP method- Observers are
1. First thing first stationed in every various paths of subject.
2. Be as ordinary/casual as possible  Combined foot auto- observer riding tailing
3. Be of average size, built an general appearance then walk or vice versa.
4. Be patient to wait for long period of time with
out showing any sign of irritation because this Casing or Reconnaissance- Surveillance of building,
can attract attention. place or area to determine its suitability in operations.
Undercover assignment or work- surveillant conceal
Surveillance according to; his identity and interacts directly with the subject.
Intensity; Phase III – Gather and provide evidence to establish the
guilt of the accused.
 Discreet Surveillance- The subject is unaware.
 Close Surveillance- Subject is aware. 1. Real/Autoptice/Object Evidence- A material
 Loose Surveillance- Subject if being secretly evidence relevant to the case.
observed occasionally. 2. Testimonial Evidence- Direct knowledge of
witness to the crime.
Methods;
3. Documentary Evidence- Consist of Letters,
 Stationary- Observing on a fixed point. Symbols, or any that conveys messages.
 Moving surveillance- subject is being followed.
Evidence- Sanctioned by the court, ascertaining the truth
 Technical Surveillance- Using technology to
in judicial proceeding respecting a matter of facts.
observe someone or a place.
Requirements;
Types;
 Must be Relevant and Material.
By Tailing;
 Obtained in accordance to law or rules of court.
Purpose of Shadowing/Tailing
Fruit of Poisonous Tree Doctrine- Illegally
1. To determine the veracity of the information
seized/obtained evidence shall be inadmissible.
given by the informant
2. To detect and prevent criminal activities Physical Evidence- Material which are found in
3. To establish the association of a suspect connection with an investigation and which help
establishing the identity of the perpetrator.
Kinds; • In writing;
 Corpus Delicti is a Latin word for the body of • Signed by such person in the presence of his counsel;
crime, used to describe the physical or material or
evidence that a crime has been committed.
• In the latter’s absence, upon a valid waiver, and in the
 Associative Evidence; and
presence of any of the parents, elder brothers and sisters,
 Tracing Evidence- Which could assist in
his spouse, the municipal mayor, the municipal judge,
locating suspect.
district school supervisor, priest, imam or religious
Circumstantial Evidence – is that evidence which minister chosen by him. (Failure of the arresting officer,
indirectly proves a fact in issue through an inference or the investigator, to observe the above mentioned
which the fact-finder draws from the evidence procedures shall render the extrajudicial confession
established. inadmissible as evidence in any proceeding)
9.The arresting officer, or the investigator, as the case
may be, must, under established regulations, allow the
Custodial Investigation
person arrested, detained, or under custodial
1.The arresting officer, or the investigator, as the case investigation visits by or conferences with any member
may be, shall ensure that a person arrested, detained or of his immediate family, any medical doctor, priest,
under custodial investigation shall, at all times, be imam or religious minister chosen by him or by any
assisted by counsel, preferably of his own choice; member of his immediate family or by his counsel, or by
any local Non-Governmental Organization (NGO) duly
2. The arresting officer, or the investigator, as the case accredited by the Commission on Human Rights (CHR)
may be, must inform the person arrested, detained or or by any international NGO duly accredited by the
under custodial investigation of the following rights Office of the President. His “immediate family” shall
under the Miranda Doctrine in a language or dialect include his spouse, parent or child, brother or sister,
known to and understood by him: grandparent or grandchild, uncle or aunt, nephew or
(1) That he has the right to remain silent; niece, guardian or ward, and fiancé or fiancée; and

(2) That if he waives his right to remain silent, anything 10. After interrogation, the person under custodial
he says can be used in evidence against him in court; investigation shall have the right to be informed of his
right to demand physical examination by an independent
3. That he has the right to counsel of his own choice; and competent doctor of his own choice. If he cannot
afford the services of a doctor of his own choice, he shall
4. That, if he cannot afford one, he shall be provided
be provided by the State with a competent and
with an independent and competent counsel; and
independent doctor to conduct physical examination. If
5. That he has the right to be informed of such rights. the person arrested is female, she shall be attended to
preferably by a female doctor. The physical examination
6. If the person arrested, detained, or under custodial of the person under custodial investigation shall be
investigation has opted to give a sworn statement, the contained in a medical report, which shall be attached to
arresting officer, or the investigator, as the case may be, the custodial investigation report.
must reduce it in writing;
WHAT IS CRIME SCENE INVESTIGATION?
7. The arresting officer must ensure that, before the • It is an investigation conducted by the
sworn statement is signed, or thumb-marked if there is investigator or group of investigator in the area
inability to read and to write, the document shall be read where crime is committed.
and adequately explained to the person arrested, detained
or under custodial investigation by his counsel of choice,
or by the assisting counsel provided to him, in the Golden Rule at the Crime Scene
language or dialect known to him; “Never touch or move any object in the crime scene
unless sketching, photographing and measuring are
8. The arresting officer, or the investigator, as the case completely and thoroughly done.”
may be, must ensure that any extrajudicial confession
made by a person arrested, detained or under custodial Other Rules to be observed by the Investigator upon
investigation shall be: arrival at the Crime Scene:
1. Identify and if possible, retain for questioning the  Spiral Search Method – 3 searchers follow
person who first notified the police. each other along the path of a spiral, beginning
2. Determine the malefactor/perpetrator by direct inquiry on the outside and spiraling in toward the center.
or observe him, if identity is immediate apparent.
o HOT SEARCH – actual search of the
Investigating Team and their Duties Investigating crime scene immediately after the
Team and their Duties commission of a crime.
1. Officer- In- Charge/Team Leader o WARM SEARCH – search of the
He is the head of the team who assigns the general vicinity of the crime scene
responsibilities of each member like sketching, note o COLD SEARCH – investigative
taking etc. search.
2. Assistant OIC/Assistant Team Leader  Zone Search Method – 1 searcher is assigned to
He implements the orders of the leader and acts as OIC each subdivision of a quadrant, and then each
in case of the absence of the latter. quadrant is cut into another set of quadrants.
3. Photographer  Wheel/Concentric Search Method – area is
He photographs the whole crime scene and pieces of considered to be approximately circular. The
evidence.
searchers gather at the center and proceed
4. Sketcher
outward along radii or spokes.
He makes the rough sketch of the crime scene and
eventually the finished sketch. Sketch of the Crime Scene
5. Master Note Taker
He writes down in short hand description and a. Rough Sketch – made by the investigator at the
observation during the crime scene search. crime scene. No scale, proportion is ignored, and
6. Evidence Man everything is approximated. It is to be used as a
He collects, preserve and tags every piece of evidence. basis of the finished sketch.
7. Measurer Elements:
He makes over all measurement of the crime scene.  Measurement
8. Technicians
 Compass direction
They are those who possessed especial skills and
 Essential items
knowledge that may be applied in the crime scene
investigation depending on the needs like medico legal  Scale and proportion
officer, chemist, ballisticians, dactylographer etc.  Legend
9. Utility Men  Title
They are those assigned in the cordoning and isolating
b. Finished Sketch – made primarily for courtroom
the crime scene from unauthorized person.
presentation. Scale and proportion is observed.
Objectives of Crime Scene Search Specific kinds of sketch
• To determine the facts of the crime
• To identify the law breaker  Sketch of Locality – gives a picture of the
• To aid in his or her arrest scene, the crime and its environments, including
• To aid in the criminal prosecution of the such items as neighboring buildings, roads
perpetrator leading to the location or house
 Sketch of Grounds – pictures the scene of the
Kinds of Crime Scene Sketch crime with its nearest physical surroundings.
 Sketch of Details- the sketch of details
 Strip Search Method – area is blocked out in describes immediate scene only.
the form of a rectangle. The three (3) Searchers
A, B, and C, proceed slowly at the same pace Reconstruction of the Crime Scene
along paths parallel to one side of the rectangle. It is the assessment made by the investigator after
the crime scene investigation, of how the crime is
 Double Strip Search Method – modification of
committed.
the Strip Search Method. Here, the rectangle is
traversed first parallel to the base then parallel to Deductive Approach
a side. -This approach entails immediate
assumption of a theory then later
 supports it by collecting corroborative
information. Types of Measurement
Inductive Approach
-This technique requires the collection  *Triangulation – an object is located by
of information first. Analysis and evaluation drawing two straight lines from two fixed points
information follows to develop a theory. creating a triangle; the object is in an angle
formed by the line.
Kinds of Reconstructing the Scene Crime  *Rectangular Method – uses two walls in a
1. Physical Reconstruction room as fixed points, from which distances are
It is based on the physical appearance of the measured at right angle to the object.
crime scene mainly focused on the pieces of the physical  *Baseline or Coordinate – makes
evidence. measurements along from a single reference line
2. Mental Reconstruction called a baseline, which can be established by
Conclusion could be formulated based on the
using a length of string, chalk line, or some other
physical reconstruction taking into account all available
pieces of evidence. convenient means.
 Compass Point – requires a protractor or some
method of measuring angles between two lines.
Kinds of Physical Evidence One point is selected as the origin and a line
1. Corpus Delicti extending from the origin becomes an axis from
These are articles that are essentials parts of the which the angles can be measured.
body of the crime.  *Cross Projection Method – the ceiling
2. Associative Evidences appears to open up like a lid of hinged box, with
These are materials which link the suspect to the the four walls opening outward. Measurements
offense committed. are then indicated from a point on the floor to
3. Tracing Evidences the wall.
These are objects which assist the investigator in
locating the malefactor Photographing the Crime Scene
• Photography-is an art of producing an image by
Special Methods of Collecting Specific Physical action of light with the aid of image forming
Evidence device known as camera and chemical process
1. Blood involved therein.
2. Fingerprints • “There is a saying, that what man could see can
3. Bullets & Fired Cases be recorded thru photography, while in the
4. Firearms, knives & Tools contrary; there are things that can only be
5. Hair & Fibers visible thru photography.”

Chain of Custody Kinds of Photograph

• It refers to the number of persons who handled a. Over-all-Photographs- These should be carried
the evidence from the time of its discovery up to clockwise until at least four general view photographs
the ultimate disposition of the case. This should have been taken.
be minimizing as much as possible. b. Photographs of the Deceased- These are views
Alteration of Evidence showing the relationship of dead body with the
• It is the act of mutilating, altering and surrounding.
contaminating physical evidence. c. Photographs of Article of Evidence- These are
1. Intentional Damage photographs of blood stains, weapons or any other
Evidence should be protected against malicious evidence in the crime scene.
destruction. d. Special Photographs- These refers to those
2. Negligence & Accident photographs taken and developed with the used of
Utmost care against accidental markings on special techniques like Photomicrography,
documents, breakage and destruction of fragile materials cinematography, ultra violet and infra red, radio and
must be observed. projection work.
3. Natural Cause e. Photographs of the Environment
Exposure of some evidences may result to its f. Photographs of the Wounds
deterioration. High temperature and humidity may affect g. Photographs of the Body after removal
certain types of evidence
Major Types of Pictorial Views (from general to place where he is serving final judgment or it’s
specific) temporarily confined while his case is pending,
or has escaped while being transferred from one
1. General View or Long-Range – over-all scene. confinement to another.
Time of Making Arrest
2. Mid-Range View – distance: 8-10 ft. from the victim
• An arrest may be made on any day and at any
3. Close-up View – every physical evidence must be time of the day or night.
photographed in close-up view and for different angles.
SEARCH WARRANT
Procedures needed for the physical evidence; • It is an order in writing issued in the name of the
People of the Philippines, signed by a judge and
 The article must be properly identified directed to a peace officer, commanding him to
 Chain of custody must be proved search for personal property described therein
 Evidence must be material and relevant and bring it before the court.
SEARCH WARRANT
Arrest 1. What is being searched for?
• Is the taking of a person into custody in order – Contraband
that he may be bound to answer for the – Instrumentation of crime
commission of an offense. – Weapons
• It is the act of depriving a person of his or her – Fruits of crime
liberty usually in relation to the investigation 2. Where is the search to occur?
and prevention of crime. a. Residence
How arrest is made? b. Business
• An arrest is made by an actual restraint of a c. Vehicle
person to be arrested, or by his submission to the 3. Why is the search to be conducted?
custody of the person making the arrest. a. Probable cause adequately outlined
• No violence or unnecessary force shall be used b. Facts establishing probable cause
in making an arrest. The person arrested shall
not be subject to a greater restraint than is RAID
necessary for his detention. • It is defined as surprise invasion of an area of a
Duty of Arresting Officer building.
• It shall be the duty of the officer executing the Purpose of Raid
warrant to arrest the accused and deliver him to 1. To effect an apprehension
the nearest police station or jail without 2. To gather evidence of an illegal activity by
unnecessary delay. surprising in flagrante delicto
Execution of Warrant 3. To recover stolen property
• The head of the office to which the warrant of The Plan of a Raid should include the ff. factors to
arrest was delivered for execution shall cause the consider:
warrant to be executed within ten days from its 1. Building
receipt. With in ten days after the expiration of 2. Persons
the period, the officer to whom it was assigned 3. Neighborhood
for execution shall make a report to the judge 4. Topography
who issued the warrant. In case of his failure to Characteristics of an Effective Plan of Raid
execute the warrant, he shall state the reasons 1. Simple
therefore. 2. The composition of the raiding team should be
Lawful Warrant less Arrest determined.
A peace officer or a private person may, without a 3. Position and movement must be précised.
warrant arrest a person: 4. Weapons and equipments to be used should be
A. when, in his presence , the person to be arrested properly checked.
has committed, is actually committing, or is 5. Signals for coordination must be adopted and
attempting to commit an offense; studied.
B. When an offense has just been committed and he 6. The point of danger must be known and explain.
has probable cause to believe based on personal 7. Transportation needed must be available.
knowledge of facts or circumstances that the 8. Each member of the raiding team should be
person to be arrested has committed it; familiar with a sketch of the place to be raid.
C. When the person to be arrested is a prisoner
who has escaped from a penal establishment or
 Composition & Assignments of the Raiding Team
1. Raid Commander
He is also known as the Team Leader who is responsible Specialized Crime Investigation 1 With Legal
for supervising all the function and operations of his Medicine and 2 Interrogation and interviews
members.
Special Crime Investigation deals with the study of
2. Assistant Raid Commander
major crimes based on the application of special
He is the second in command who usually relay the
investigative technique.
instruction of the raid commander to the personnel.
HOMICIDE INVESTIGATION
Stages in Raid Operation
1. Approach to the Assembly Point
Homicide Investigation is the official inquiry
2. Warning to the Subject if necessary.
made by the police on the facts and circumstances
3. Attack in case of refusal to surrender.
surrounding the death of a person which is expected to
4. Final Acts.
be unlawful.
5. Post Operation Critics.
Cases Falling Under the SOCO Category
LIFE- sum total of all vital processes by which the
a. Arson
physical integrity of the body is maintained.
b. Homicide
c. Murder
Primary Job of the Investigator
d. Murder
1. To discover whether an offense has been
e. Robbery with Homicide
committed under the law.
2. To discover how it was committed
ENTRAPMENT - A legally sanctioned method of 3. Who committed it and by whom it was
arresting criminals by means of a trap wherein criminals committed
are caught in the act of perpetrating a crime. 4. When it was committed
5. And under certain circumstances why it was
 Buy-bust operation is a form of entrapment. committed
 Instigation is the act of inducing a criminal act
by a law enforcer against an innocent person, if Responsibilities of a Homicide Investigator
not because of such inducement he would not 1. When called upon to investigate violent
have committed it. death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the
investigator brings in the case marks the
difference between a murderer being
convicted and set free.
3. If he interprets a criminal death accidental or
natural, a guilty person is set free.
4. Remember that the police is the first line of
defense in the effective application of
criminal justice.

Mistakes in the Homicide Investigation

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

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated
Basic Guide for the Investigator to look upon is to PHYSICIAN
establish the following: - POINT OF - POINT OF
1. Corpus delicti or facts that crime was VIEW IS VIEW OF
committed TREATMENT CAUSE
2. Method of operation of the suspect - MINOR - RECORD
3. Identity of the guilty party INJURIES ARE ALL
IGNORED INJURIES
HOMICIDE INVESTIGATION PROCEDURES - TO DIAGNOSE EVEN ITS
PATIENT MINOR
Criminal Investigation of homicide is a - TO GAIN
discovery process. The investigator seeks to discover EVIDENCE
and document such facts as type of death, identity of the PON
deceased, cause of death and motivation and identity of INJURIES
the perpetrator. In order to resolve these fundamental AND
questions, the investigation will focus on the cadaver, PRESENT IT
crime scene and post mortem examination. TO THE
The cadaver is often of prime importance as an COURT
investigative factor. The victim’s body can reveal much
through examination of wounds and other types of MEDICAL EVIDENCE- Sanctioned by the rules of
tracing clues that may be present. court
EXPERT TESTIMONY-
FORENSIC MEDICINE
• Law- defined as a rule of conduct, just and Establishing the Facts of Death
obligatory, land down by legitimate authority for The first essential step of the homicide
the common observance and benefit. investigation is to establish that the victim is, indeed,
• Medicine - A science and art of dealing with dead. Police officers do not have the legal authority to
prevention, cure and alleviation of disease. It is pronounce death, only physicians/medical doctor can
that part of science and art of restoring and establish the fact of death. For this reason, the police
preserving health. officer should never assume death unless the condition
• Legal- Refers to anything conformable to the of the victim’s body demonstrates death in a totally
letters or rules of law as it is administered by the obvious manner.
court.
• Jurisprudence - A science of giving wise A. Death – death is defined as the absence of life in
interpretation of the Laws. a living matter.
• Legal Medicine - is that branch of medicine
which deals with the application of medical B. Kinds of Death
knowledge to the purposes of law and in the 1. Somatic Death – Clinical Death
administration of justice. It is a complete, continuous, persistent
• Forensic Medicine - use of medical science to cessation of respiration, circulation and
elucidate legal problems in general without almost all brain functions of an organism. It
specific reference or application to a particular is usually pronounced by a physician or
case. It encompasses a variety of fields in other members of the family.
forensic science such as pathology, 2. Molecular Death- Cellular Death
anthropology, odontology, toxicology, It is the cessation of life of the individual
entomology, and others. cells in the whole body. Characterized by
• Medical Jurisprudence - a branch of law which death of individual cells, which occurs one
concerns with the aspects of law and legal at a time after somatic death.
concepts to medical practice. It includes rights, Nerve cell and brain cells dies after 5
duties, and liabilities of physician, patient and mins. While muscles live longer until onset
health institution. of rigor mortis (2-3 Hours)
• Medical Jurist/Medical examiner/Medico- 3. Apparent Death – State of Suspended
Legal Officer or Expert- A physician with Animation
knowledge and expertise primarily concern with It is the state of temporary cessation of
medico-legal duties. vital activities of the body or vital processes
were depressed to the minimum compatible
ORDINARY MEDICAL JURIST with life.
 C. Signs of Death 2. POST-MORTEM LIVIDITY (Livor Mortis)–
1. Cessation of respiration Discoloration of the body after death when the blood
2. Cessation of Heart Beating and Circulation tends to pool, This pooling of blood begins immediately
3. Cooling of the body after death and becomes fixed in approximately 8-12
4. Insensibility of the body and loss of power hours.
to remove It is a reddish purple to purple coloration in
5. Changes in the eyes dependent areas of the body due to accumulation of
6. Changes in the skin blood in the small vessels of the dependent areas
secondary to gravity
D. Medico-legal classification of death:
1. Natural death- By reason of old age or disease. The Color of Lividity may Indicate the Cause of
2. Violent death- by cause of injuries from outside Death:
force. 1. Carbon monoxide poisoning/ cyanide –
• Accidental death- Due to lack of foresight cherry red to pinkish color
• Negligent death- due to carelessness 2. Asphyxia – (dark lividity) a state of collapse
• Infanticidal death- death of an infant (Less than due to deficiency of oxygen supply in tissues
72 hours) and brain.
• Parricidal death- cause by direct 3. Phosphorous poisoning – dark brown
ascendant/descendant.
• Homicidal death- simply killing of a person TYPES OF LIVIDITY
• Murder- killing with aggravating circumstances 1. Hypostatic – Blood is still in fluid form inside
• Euthanasia- mercy killing blood vessel; change as position of the body
• Suicidal- caused by oneself. changes. Blood remains fluid in the blood
vessel for 6- 8 hours.

Determination of Time of Death (Death 2. Diffusion– Coagulated inside blood vessel;

Estimates/Examination) Change in position will not change its location.
A determination of the time of death should be
attempted in all homicide investigations. This fact is Importance of Post-Mortem Lividity
significant because of its investigative importance in 1. It is a sign of death
corroborating or disputing alibis, or in establishing the 2. It enables the investigator to estimate the
victim’s movements prior to death. Determining death is time of death
not an exact science. 3. It determines the position of the body after
death
1. POST MORTEM RIGIDITY (Rigor Mortis) 4. It may indicate the cause and manner of
Stiffening of the body which occurs 3-6 hours death
after death and is characterized by hardening of the
muscles; the chemical reaction that causes rigidity in the Characteristics of Post-Mortem Lividity
muscle groups or stiffening of the body after death due to 1. It occurs in the most extensive areas of the
the disappearance of Adenosine Triphosphate (ATP) from most dependent portion of the body.
the muscle. 2. It involves the superficial layer of the skin,
- Rigor mortis disappears with decomposition. lungs, intestines, kidneys, and brain.
- Cold and/or freezing will delay the onset of 3. Color is uniform in the tissues.
rigor mortis as well as prolong its presence 4. It is not elevated from the skin, lungs,
- Involves all muscles the same time at the same intestines, kidneys and brain.
rate.It appears first in the smallermuscles such as the jaw 5. There is no injury to the tissues.
and then gradually spread to upper and lower 6. The color may appear and disappear in the
extremities. tissues by shifting the position of the body in
- Instantaneous rigidity can also be found the earlier stages of death.
following ingestion of cyanide and strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in 3. ALGOR MORTIS(Cooling of the body)
the Philippines and other tropical countries and 36 to 48 The body cools following death at
hours during summer in the same. 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: 10. STAGNANT ANOXIC DEATH- Brought
1. Illness about by the failure of circulation.
2. Clothes 11. HISTOTOXIC ANOXIC DEATH- Due to the
3. Obesity failure of the cellular oxidative process, although
4. Room temperature the oxygen is delivered to the tissues, it cannot
be utilized properly.
ONSET AND STAGE OF DECOMPOSITION
Decomposition is the action of bacteria on the Cyanosis- a bluish discoloration of lips and finger
dead body. The onset of decomposition is 1 to 2 days tips.
after death and then finally the dead body becomes Determining cause of death when body is found
skeletal remains in months considering the factors that submerged.
influence the rate of putrefaction. 1. Closed fist and bloated tummy-
1. LIFE CYCLE OF FLIES Drowning in water.
The eggs of ova laid by the flies on the dead 2. Open fist and not bloated- dead before
body will hatch to form maggots within 24 submerged.
hours. The maggots will feed vigorously on
the damaged dead body, then transform into Examination of the Cadaver at the Crime Scene
pupal stage and finally into adult flies 72 External post mortem appearances are very
hours- 4days. informative. The areas of the body showing lividity
indicate the position after death. Wounds and their
2. CHANGES IN THE BLOOD- The blood appearance are particularly significant as they often
remains fluid in the body after death after assist in reconstructing the circumstances of a crime, the
6-8 hours. After which it gradually clotted nature of the murder weapon and the manner of its use.
or coagulated in a slow process until 12 Defense wounds are the result of a person’s
hours wherein the lividity is already fully instinctive reaction of self-protection. It may be found on
developed. the hand in the effort of the victim to grasp the wounding
instrument or by raising the hand to protect the vital
3. CHANGES IN STOMACH - It usually parts of the body. Absence of defense wound does not
takes three to four hours for the stomach to eliminate the possibility that the victim made some form
empty its contents after meals. of defense.

Putrefaction- Process of decay or rotting of body. Injury - Is the scientific impairment of the body
Saponification- Body under goes chemical changes, structure or function caused by outside force or agent.
transform body fat into ADIPOCERE (a grayish waxy
substance formed by the decomposition of soft tissue in Physical Injury- is an injury of the body caused by
dead bodies subjected to moisture.) physical agents which is the application of stimulus to
Mummification- Process of removing liquid to dead the body producing damage or injury to the tissue.
body, this occurs when body is exposed to heat and dry
land. Wound - is a break or solution in the continuity of the
skin or tissues of the body.
Types of Asphyxia by manual strangulation
1. Hanging- with compression of neck using Inflammation - Is a specific tissue response to injury by
ligature due to body’s own weight. the living or inanimate agents, or to electrical, chemical
2. Strangulation- using of ligature to compress etc., characterized by vascular dilatation, fluid exudation
someone’s neck by applying force. and accumulation of leukocytes in the tissues.
3. Drowning- using water to suffocate someone.
4. Suffocation- due to fire gases. Types of wounds
5. Mugging- using wrist to strangle.
6. Throttling- using palms to strangle.  Closed Wound - superficial Closed wound and
7. Burking- using body weight to put on deep closed wound, petechiae, contusion or
someone’s chest. bruise, hematoma or blood cyst, sprain, fracture,
8. ANOXIC DEATH- Associated with the failure discoloration, Concussion, and Internal
of the arterial blood to become normally Hemorrhage b.
saturated with oxygen.  Open Wound - Incised, Lacerated, Punctured,
9. ANEMIC ANOXIC DEATH- Due to a Stab Wound, Avulsion, and Gunshot and shotgun
deceased capacity of the blood to carry oxygen Wound.
  Petechiae- Are minute, pin point, circumscribed
extravasation of blood in the subcutaneous Evidence to Show the Fatal Effects of the Wound
tissues or underneath the mucous membrane. 1. Amount of hemorrhage
 Contusion (Bruise)- Wound in the substance of 2. Size of the injury sustained
the true skin and in the subcutaneous cellular 3. Organs and parts of the body involved
tissues characterized by swelling and 4. Mechanical effects on vital organs
discoloration of t issue due to extravasation of
blood. Gunshot Wounds
 Hematoma- large extraversion of blood in a All gunshot wounds result from the entry of a
newly formed cavity secondary to trauma projectile into the body, and the frequent presence of
characterized by swelling, discoloration and undispersed explosive gases.
effusion of blood underneath the tissues. The location of the wound may also serve to rule
 Sprain- The straining or tearing of the articular out suicide. If the wound is located in an area of the
tendons, ligaments and muscles characterized by body that is relatively inaccessible to the victim,
swelling, discoloration of tissues involve and homicide is indicated. It is also unusual for a suicide
extreme pain. wound to be inflicted in an area other than the head of
 Fracture- It is a break or solution in the chest. However, there have been a number of suicide
continuity of the bone tissues resulting from cases involving wounds in extremities. The presence or
violence. (it can be either simple, compound or absence of a “suicide note” is a poor indicator of suicide
comminuted). or homicide.
 Dislocation- Is the displacement of the articular
surfaces of the bones forming the joints usually Two Types of Wounds:
secondary to trauma. (Simple or compound) 1. entrance wound (POE)
 Cerebral Concussion- Condition of the brain 2. exit wound (POX)
resulting from a sudden jarring or stunning of
the brain which follows a blow on the head Determination whether the wound is suicidal,
characterized by headache or dizziness, homicidal, or accidental
unconsciousness or semi-unconsciousness,
A. Evidence to prove that gunshot wound is suicidal:
relaxed and flaccid muscles, slow and shallow
1. The fire is usually in contact or near contact, as
respiration and rapid but weak pulse
shown by the presence of burning, singeing and
 Internal Hemorrhage- It is the bleeding usually
tattooing of the area around the gunshot wound.
in the cavity or organ s inside the body. (Intra -
2. The presence of usually but one gunshot wound.
cranial, Rupture of organ and Laceration of
In most cases, after a shot, especially at the
Organ).
head, the victim can no longer voluntarily act to
inflict another shot.
Common External Injuries Sustained by the Victim
3. Portions of the body involved are those
from Homicidal Attack
accessible to the hand of the victim utilized in
a. Contusion – an injury in the substance of the
committing suicide, he will not think of the
skin, discoloration of the surface due to
difficult way of ending his life unless he has the
extravasation of blood. This is due to the
intention of deceiving the investigators.
application of a blunt instrument.
4. History of despondency, family problem which
b. Hematoma – this is the extravasation of blood
may cause him to commit suicide.
in the newly formed cavity.
B. Evidence to show that the wound is accidental:
c. Abrasion – an open wound characterized by the
1. Usually there is but one shot.
removal of the epithelial layer of the skin
2. There is no special area of the body involved
brought about by the friction against hard, rough
3. Testimony of the witnesses
object.
d. Incised wound – produced by forcible contact
C. Evidence to show that the wound is homicidal:
on the body by sharp edge instrument.
1. The site or sites of the wound of entrance has no
e. Stab wound – produced by the forcible
point of election.
application and penetration of a sharp
2. The fire is made when the victim is usually some
instrument.
distance away from the assailant
f. Punctured wound – penetration of a sharp
3. Signs of struggle/ defense wound maybe present
pointed weapon
in the victim.
g. Lacerated wound – tearing of the skin due to
4. There maybe disturbance of the surrounding on
forcible contact of a blunt instrument.
the account of the previous struggle.
 5. Wounding firearm is usually not found at the and elastic to admit two or more fingers of the examiner
scene of the crime with a lesser degree of resistance.
6. Testimony of the witnesses 3. DEMI-VIRGINITY - a condition of a woman who
permits any form of sexual liberties as long as they
abstain from rupturing the hymen by sexual act.
SUICIDES 4. VIRGO INTACTA - applied to women who have
had previous sexual act but not yet given birth.
Ways of Committing Suicide DEFLORATION - the laceration or rupture of the
1. By cut-throat hymen as a result of sexual intercourse.
2. By puncturing the left breast SEXUAL DEVIATIONS
3. By gunshot 1. HOMOSEXUALITY - sexual desire towards the
4. By hanging same sex.
5. By drowning 2. INFANTOSEXUALITY - sexual desire towards an
6. By poisoning immature person. Also known as PEDOPHILIA.
3. BESTOSEXUAL - sexual desire towards animals;
ELECTROCUTION also known as bestiality.
4. AUTOSEXUALITY - self –gratification; also known
Accidental Electrocution
as masturbation.
1. Presence of high voltage wire at the scene of
5. GERONTOPHILIA- sexual desire towards an older
death.
person.
2. Body surface injuries as probably site of
6. NECROPHILIA - a sexual perversion characterized
entrance and exit of electric current.
by erotic desire or actual sexual intercourse with a
3. Death develops suddenly as victim not able to
corpse.
get away from the place of electrocution.
7. INCEST - sexual relations between people who, by
4. Absence of evidence to show suicidal or
reason of blood relationship cannot legally marry.
homicidal.
8. SATYRIASIS - excessive sexual urge of men.
9. NYMPHOMANIA - excessive sexual urge of
POST MORTEM EXAMINATION
women.
(AUTOPSY/NECROPSY)
10. FELATTIO - the female agent receives the penis of
- Is the dissection and examination of a dead
a man into her mouth and by friction with the lips and
body, and its organs and structures to determine
tongue coupled with the act of sucking initiates orgasm.
the cause of death of a person/ it is performed
11. CUNNILINGUS - sexual gratification is attained by
within 24 hours of death before organs
licking or sucking the external female genitalia.
deteriorate.
12. ANILINGUS - a form of sexual perversion wherein
a person derives sexual excitement by licking the anus of
SEXUAL OFFENSES AND DEVIATION
another person of either sex.
Virginity = a condition of a female who has not
13. COPROLARIA – saying dirty words during sexual
experienced sexual intercourse and whose genital organs
intercourse to gratify their sexual pleasure
have not been altered by carnal correction.
14. SADISM -(Active Algolagnia) = A form of sexual
perversion in which the infliction or pain on another is
Kinds of Virginity
necessary for sexual enjoyment
15. MASOCHISM (passive Algolagnia) = A form of
1. MORAL VIRGINITY - state of not knowing the
sexual perversion in which the infliction of pain by
nature of sexual life and not hav ing experienced sexual
another is necessary for sexual enjoyment.
relation.
16. FETISHISM - a form of sexual perversion wherein
2. PHYSICAL VIRGINITY - a condition whereby a
the real or fantasied presence of an object or bodily part
woman is conscious of the nature of the sexual life but
is necessary for sexual stimulation and gratification.
not experienced sexual intercourse. Applies to women
17. PYGMALIONISM - a sexual deviation whereby a
who have reached sexual maturity but not experienced
person has sexual desire for statutes.
sexual intercourse.
18. FROTTAGE - a form of sexual gratification
a. TRUE PHYSICAL VIRGINITY - a condition
characterized by the compulsive desire of a person to rub
wherein the hymen is intact, with the edges distinct and
his sex organ against some part of the body of another.
regular, and the opening is small to barely admit the tip
19. VOYEURISM - a form of sexual perversion
of the smallest finger of the examiner even if the thighs
characterized by a compulsion to peep to see persons
are separated.
undress or perform other personal activities
b. FALSE PHYSICAL VIRGINITY - A condition
wherein the hymen is unruptured but the orifice is wide
 Title Eight 3. By means of Inundation, fire, poison,
CRIMES AGAINST PERSON explosion, shipwreck, stranding of vessel,
(Destruction of Life) derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles or with
Art. 246. Parricide – Any person who shall kill his the use of any other means involving great
father, mother, or child, whether legitimate or waste and ruin;
illegitimate, or any of his ascendants or descendants, or 4. On occasion of any of the calamities of an
his spouse, shall be guilty of parricide. earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
Penalty: Reclusion Perpetua (20 years and 1 day to 40 5. With evident premeditation;
years imprisonment) to death. 6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
Elements: outraging or scoffing at his person or corpse.
1. That a person is killed.
2. That the deceased is killed by the accused. Penalty: Reclusion perpetua (20 years& 1 day to 40
3. That the deceased is the father, mother, or child, years imprisonment) to death.
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the Elements of murder:
legitimate spouse, of the accused. 1. That a person is killed.
2. That the accused killed him.
Art. 247. Death or physical injuries inflicted under 3. That the killing was attended by any of the
exceptional circumstances– Any legally married person qualifying circumstances mentioned in Article
who, having surprised his spouse in the act of 248.
committing sexual intercourse with another person, shall 4. The killing is not parricide or infanticide.
kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any TREACHERY
serious physical injury, shall suffer the penalty of Plain and simple, there is treachery if the
destierro. offended party was not given opportunity to make a
If he shall inflict upon them physical injuries of defense.
any kind, he shall be exempt from punishment.
These rules shall be applicable, under the same MEANING OF PREMEDITATION
circumstances, to parents, with respect to their daughters Premeditation is the act of mediating in advance;
under eighteen years of age, and their seducer, while the deliberation upon a contemplated act; a design form to
daughters are living with their parents. do something before it is done.
Any person who shall promote or facilitate The essence of premeditation is that the
prostitution of his wife or daughter, or shall otherwise execution of the criminal act must be preceded by
have consented to the infidelity of the other spouse shall COOL THOUGHT and REFLECTION upon the
not be entitled to the benefits of this article. resolution to carry out the criminal intent during the
space of time SUFFICIENT to arrive at a calm
Penalty: judgment.
Destierro (prohibition to enter the place or places There is no evident premeditation without proof
designated in the sentence, nor within the radius therein of planning.
specified, which shall be not more than 250 and not less
than 25 kilometers from the place designated. EVIDENT – Clear to the eye or judgment.
ART. 249. Homicide – Any person who, not falling
Art. 248. Murder– Any person who, not falling with the within the provisions of Article 246 (Parricide) shall kill
provisions of Article 246, shall kill another, shall be another, without the attendance of any of the
guilty of murder and shall be punished by reclusion circumstances enumerated in the next preceding article
perpetua to death, if committed with any of the (Article 248), shall be deemed guilty of homicide.
following attendant circumstances:
1. With treachery, taking advantage of superior Penalty:Reclusion temporal (12 years& 1 day to 20
strength, with aid of armed men, or employing years imprisonment)
means to weaken the defense or of means or
persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
ART 255 .Infanticide 2. Professionals – are those person who
The killing of a child less than three days of age, worked as robbers as a trade making it their
whether the killer is the parent or grandparent, any other living and having no other means of income.
relative of the child, or a stranger.
Note: Robbery – This is the taking or personal property
Penalty: belonging to another, with intent to gain, by means of
1. The penalty provided in parricide and murder violence against, or intimidation of any person, or using
shall be imposed. force upon anything.
2. If the crime penalized in this article be
committed by the mother of the child to conceal Two Kinds of Robbery:
dishonor, she shall suffer the penalty of prision mayor (6
1. Robbery with violence or intimidation;
years & 1 day to 12 years imprisonment) in its medium
and
and maximum periods. If committed by maternal
2. Robbery with force upon things.
grandparents or either of them, the penalty shall be
a. Belonging to another – person from
reclusion temporal (12 years& 1 day to 20 years
whom property was taken need not be
imprisonment).
the legal owner, possession is sufficient.
The property must be personal property
ROBBERY INVESTIGATION
and cannot refer to real property.
b. Name of the real owner is not essential
Article 293 – Robbery in General
so long as the personal property taken
Any person who, with intent to gain, shall take
does not belong to the accused except if
any personal property belonging to another by means of
crime is robbery with homicide.
violence or intimidation of any person, or by using force
c. Taking of personal property – must be
upon anything shall be guilty of robbery.
unlawful; if given in trust – estafa.
d. As to robbery with violence or
Elements of Robbery
intimidation – from the moment the
1. That there be personal property belonging to
offender gains possession of the thing
another;
even if offender has had no opportunity
2. That there is unlawful taking of that property;
to dispose of the same, the unlawful
3. That the taking must be with intent to gain;
taking is complete.
and
e. As to robbery with force upon things
4. That there is violence against or intimidation
– thing must be taken out of the
of any person, or force upon things.
building.
f. Intent to gain – presumed from
How robbery with force upon things is committed?
unlawful taking – intent to gain may be
The malefactors shall enter the house or building presumed from the unlawful taking of
in which the robbery was committed by any of the another’s property. However, when one
following means: takes a property under the claim of
1. Through an opening not intended for ownership or title, the taking is not
entrance considered to be with intent to gain.
2. By breaking any wall, roof, floor or breaking (U.S. vs. Manluco, et. al., 28 Phil.360)
any window or door. g. When there’s no intent to gain but there
3. By using false key or picklocks is violence in the taking- grave coercion.
4. By using fictitious name or pretending the h. Violence or intimidation must be against
exercise of public authority the person of the offended party, not
5. By breaking of doors, wardrobes, closets or upon the thing.
any kind of locked or sealed furniture or i. General rule: violence or intimidation
receptacle must be present before the “taking” is
6. By taking such furniture or objects away to complete.
be broken or forced open outside the place Exception: when violence results in-
of robbery. homicide, rape, intentional mutilation or
any of the serious physical injuries in
General Types of Robbers par. 1 and 2 of ART. 263, the taking of
1. Amateurs – motivated by greed, the desire property is robbery complex with any of
for a thrill and self-testing. this crime under ART. 294, even if
 taking is already complete when k. Accumulate clues and traces at the scene of
violence was used by the offender. a crime which will serve to identify the
j. Use of force upon thing – entrance to offender.
the building by means described and l. Develop informants in the local underworld
ART. 299 and 302 (Offender must who are aware of the activity of robbery,
enter). The other kind of robbery is one particularly the activity of the semi-skilled
that is committed with the use of force amateur groups. (usually the addict-robber)
upon anything in order to take with m. Conduct a surveillance of likely fences and
intent to gain, the personal property of uncover and trace back stolen property from
another. The use force here must refer its receiver to the robber.
to the force employed upon things in n. Conduct surveillance of known burglars to
order to gain entrance into a building or ascertain if they are presently committing
a house. (People vs. Adorno, C.A. 40 robbery.
0.G.567). o. Accumulate information on various types of
k. When both violence or intimidation and robber, the known and newcomers whether
force upon things concur – it is robbery they are in or out of prison, whether they are
with violence. active.
p. Be alert on a modified modus operandi.
Robbery and Theft, compared. q. In cases where homicide is committed,
follow the pattern of homicide investigation.
a. Both robbery and theft involved unlawful
taking as an elements;
Physical Evidence to be collected:
b. Both involve personal property belonging to
another; 1. Footprints
c. In both crimes, the taking is done with intent 2. Fingerprints
to gain; a. Areas of break
d. In robbery, the taking is done either with the b. Closets – prints may be found in
use of violence or intimidation of person or door and jams
the employment of force upon things; c. Door knobs
whereas in theft, the taking is done simply d. Dressers
without the knowledge and consent of the e. Pieces of furniture
owner. f. Bottles and glasses
g. Walls
Investigative Techniques in Robbery cases: h. Tools
i. Desks
a. The investigator must initiate similar
3. Clothing – sometimes the robbers exchange
preliminary steps upon reaching the crime
their own jackets with that one found.
scene.
4. If a window was broken in effecting entry,
b. Determine the point of entrance and point of
glass particles maybe presents in the trouser
exit by the perpetrator.
cuffs and pockets of suspect. Samples of
c. Determine the value of stolen articles.
broken glass should be collected for possible
d. The full and detailed description of the
future comparison in the event that a suspect
stolen articles.
is picked up.
e. Gather physical evidence.
5. Paint- if a crowbar has been used to force
f. Determine the modus operandi of the
the window, paint may adhere to the tool.
perpetrator as it would give leads in the
Paint samples should be taken for future
identification and arrest of the suspect.
comparison.
g. Full and detailed description of a get-away
6. Tool marks
vehicle if any, or vessel, boat in cases of
7. Tools
piracy.
8. Observed odd behavior patterns in the crime
h. Coordinate with other law enforcement
scene
agencies.
9. Cords and ropes used
i. Exploit investigative leads.
10. Firearms used
j. Written testimony of the complainant
11. Means of escape
witness.
Anti-Piracy and anti-highway robbery law of 1974
(P.D. 532)
 2. That the kidnaps or detains another, or in
Piracy – any attack upon or seizure of any any other manner deprives the latter of his
vessel, or taking away of the whole or part thereof or its liberty;
cargo, equipment or the personal belonging of its 3. That the act of detention or kidnapping must
complements or passengers, irrespective of value be illegal;
thereof, by means of violence against or intimidation of 4. That in the commission of the offense, any
persons or force upon things, committed by any persons, of the following circumstances is present:
including a passengers or member of the compliments of a. That the kidnapping of detention
said vessels in Philippine waters. lasts for more than 3 days
b. That is committed simulating public
Highway Robbery/ Brigandage – the seizure of authority
any person for ransom, extortion or other unlawful c. That any serious physical injuries
purposes, or the taking away of the property of another are inflicted upon person kidnapped
by means of violence against or intimidation of persons or detained of threats to kill him are
or force upon things of other unlawful means committed made; or
by any person or any Philippine highway. d. That the persons kidnapped is a
minor, female, or a public officer.
Anti-Cattlle Rustling Law of 1974 (P.D. 533)
Cattle Rustling – Is the taking away by any Any private individual who shall kidnap or
means, methods or scheme, without the consent of the detain another, or in any other manner
owner/raiser, or any of the above animals (cow, carabao, deprives him of his liberty.
horse, mule or other domesticated member of the bovine
family) whether or not for profit or gain, or whether The perpetrator shall suffer the penalty of reclusion
committed with or without violence against or perpetua to death if:
intimidation of any person or force upon things. It 1. The kidnapping or detention shall have
includes the killing of large cattle, or taking its meat or lasted for more than five days.
hide without the consent of owner/raiser. 2. Committed by simulating public authority.
3. Any serious physical injuries shall have
Anti-fencing law of 1979 (P.D. 1612) been inflicted upon the person kidnapped or
Fencing – is the act of any person, who, with detained or if threat to kill shall have been
intent to gain, for himself or for another shall buy, made.
possess, keep, acquire, concealed, sell or in any other 4. The person kidnapped or detained shall be a
way, deal on any articles, items, objects, or anything of minor, female or public officer.
value which he knows to have been derived from the
proceeds of crime or robbery or theft. The penalty shall be death where the kidnapping
Fence – includes any person, firm, organization, or detention was committed for the purpose of extorting
association or corporation or partnership and other ransom from the victim or any other person, even if none
organization who/ which commits the act of fencing. of the circumstances above mentioned were present in
the commission of the offense.
Article 179 of RPC- Illegal use of Uniforms and
Insignia (penalty arresto mayor which shall be Important factors in Kidnapping Cases:
imprisonment from 1 month and 1 day to 6 months.) 1. The safe return of the victim
2. Identification and apprehension of the
Usurpation. wrongfully seizing and holding (an office suspect
or powers) by force (especially the seizure of a throne or
supreme authority) Initial Investigative Procedures:
Article 177 of RPC- Usurpation of Authority 1. Thorough interview of the victim if already
Penalty Of Prison Correctional in its minimum and released.
medium period which shall be an imprisonment from 2. Search of the crime scene
6 months and 1 day to 4 yrs and 2 months. 3. Interview of the possible witnesses
4. Checking the modus operandi
Article 267 – Kidnapping and Serious Illegal 5. Possible identification through the
Detention photographic files
6. Coordination with other law enforcement
Elements: agencies
1. That the offender is a private individual;
Kidnapping where ransom is involved: 5. Equipped with sophisticated communication
system
Phase I.
Problems in the Investigation of Kidnapping Cases:
When a complaint is received, the family of the
victim is requested to remain in touch to accumulate 1. Out of fear, the family of the victim does not
information needed. The following types of information want to cooperate with the police.
must be taken: 2. The case is only reported after payoff of the
1. How the demand was made ransom money or the victim had been found
2. Request the family to refrain from divulging dead.
the contents of the letter, note or call to
anyone except to the police authorities.
3. Emphasize the importance of news blackout Anti-Hazing Act of 1995, officially designated as
as essential to the victim’s safety Republic Act No. 8049, is a Philippine law that regulates
4. Obtain and preserve the ransom note for the acts of hazing and other initiation rites in fraternities
laboratory examination. and sororities in the country. It prohibits and penalizes
5. Determine if the family intends to pay the physical harm and violence in such practices.
ransom, investigators should avoid giving
the opinion as to ransom payments Republic Act 11648: An Act Providing for Stronger
6. Find ways and means to verify if the victim Protection Against Rape and Sexual Exploitation and
is still alive. Abuse, Increasing the Age for Determining the
7. Conduct family background investigation Commission of Statutory Rape, Amending for the
8. Conduct covert investigation of household Purpose Act No. 3815 as Amended, - the act of buying
helpers and selling of a child for money, or for any
9. Arrange for wiretapping operations in
consideration, or barter, shall suffer the penalty of
accordance with RA 4200
10. Establish possible motives reclusion temporal to reclusion perpetua..
Republic Act 7877: The Anti-Sexual Harassment Act
Phase II. After the victim has been returned or the of 1995 - committed by an employer, employee,
body has been located.
manager, supervisor, agent of the employer, teacher,
After the victim has been returned dead or alive, instructor, professor, coach, trainor, or any person who,
the investigation changes, an all-out investigation are having authority, influence or moral ascendancy over
conducted in accordance with the second objective, to another in a work or training or education environment,
identify and apprehend the suspects. Investigative demands, requests or otherwise requires any sexual favor
procedure includes: from the other, regardless of whether the demand,
1. Thorough interview of the victim. All
request or requirement for submission is accepted or not
details should be obtained.
by the object of said act.”
3. Re interview all witnesses
4. Conduct surveillance REPUBLIC ACT No. 11313 “An Act Defining Gender-
5. Determine whether the kidnapper is familiar Based Sexual Harassment in Streets, Public Spaces,
with the victims, residential area, habits and Online, Workplaces, and Educational or Training
financial status.
Institutions, Providing Protective Measures and
6. If the victim is dead follow the pattern of
Prescribing Penalties Therefor”
homicide investigation
Republic Act No.10168 Terrorism act
Pointers to be considered in Kidnapping Cases:
Republic Act no. 11479, otherwise known as the “Anti-
1. Remember that kidnap for ransom gang
must be treated as witty, experienced and Terrorism Act of 2020.” We consider this latest High
dangerous armed criminals. Court ruling a triumph for all peace-loving and law-
2. Any slightest mistake on the part of the abiding Filipinos as it serves as a stern warning against
police would mean death of the victim malevolent elements that the Philippines is not a safe
3. Initiate secrecy discipline not only on the haven for terrorists.
victim’s family but also within the police.
4. Experienced, trusted personnel must be Republic Act No.9208
utilized Sec. 4-A. Attempted Trafficking in Persons. Offender
failed to or did not execute all the elements of the crime,
by accident or by reason of some cause other than most in your Criminal law book 1) - the principal,
voluntary desistance. who took part directly in the commission of the
crime; the accomplice, who onlv aids in the
any of the following acts shall also be deemed as
commission of the crime and even without his/her
attempted trafficking in persons:
participation the crime will happen; and, the
a) "Facilitating the travel of a child who travels alone accessory who participated not as principal nor
to a foreign country or territory without valid reason accomplice (simple distinction).
therefor and without the required clearance or
Inter-Agency Council Against Trafficking (IACAT) - is
permit from the Department of Social Welfare and
the primary agency tasked to formulate a comprehensive
Development, or a written permit or justification
and integrated program. to prevent and suppress
from the child's parent or legal guardian;
trafficking in persons.
b) "Executing, for a consideration, an affidavit of
Section 20. Inter-Agency Council Against Trafficking, -
consent or a written consent for adoption;
There is hereby established an Inter-Agency Council
C) "Recruiting a woman to bear a child for the Against Trafficking, to be composed of the Secretary of
purpose of selling the child; the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and
d) "Simulating a birth for the purpose of selling the Development as Co-Chairperson and shall have the
child; and following as members:
e) "Soliciting a child and acquiring the custody a) Secretary, Department of Foreign Affairs;
thereof through any means from among hospitals,
clinics, nurseries, daycare centers, refugee or b) Secretary, Department of Labor and Employment;
evacuation centers, and low-income families, for the
c) Administrator, Philippine. Overseas Employment
purpose of selling the child."
Administration;
SEC. 4-B. Accomplice Liability. - Whoever knowingly
d) Commissioner, Bureau of Immigration;
aids, abets, cooperates in the execution of the offense by
previous or simultaneous acts defined in this Act shall be e) Director-General, Philippine National Police;
punished in accordance with the provisions of Section
f) Chairperson, National Commission on the Role of
10(c) of this Act."
Filipino Women; and
SEC. 7. Anew Section 4-C is hereby inserted in Republic
Three (3) representatives from NGOs, who shall be
Act No. 9208, to read as follows:
composed of one (1) representative each from among the
SEC. 4-C. Accessories, - Whoever has the knowledge of sectors representing women. overseas. Filipino workers
the commission of the crime, and without having (OFWs) and children, with a proven record of
participated therein, either as principal or as involvement in the prevention and suppression of
accomplices, take part in its commission in any of the trafficking in persons. These representatives shall be
following manners: nominated by the government agency representatives of
the Council, for appointment by the President for a term
a) "By profiting themselves or assisting the offender
of three (3) years.
to profit by the effects of the crime;
The members of the Council may designate their
b) "By concealing or destroying the body of the crime
permanent representatives who shall have a rank not
or effects or instruments thereof, in order to prevent
lower than an assistant secretary or its equivalent to
its discovery,
meetings, and shall receive emoluments as may be
c) "By harboring, concealing or assisting in the determined by the Council in accordance with
escape of the principal of the crime, provided the existing budget and accounting, rules and
accessory acts with abuse of his or her public regulations.
functions or is known to be habitually quilty of some
Section 21. Functions of the Council- The Council shall
other crime. in the commission of the crime, there are
have the following powers and functions:
three things that you need to remember with respect
to their participation (although you will learn this one
a. Formulate a comprehensive and integrated arrangements to prevent and suppress international
program to prevent and suppress the trafficking in trafficking in persons.
persons;
m. Coordinate with the Department of
b. Promulgate rules and regulations as may be Transportation and Communications (DOTC),
necessary for the effective implementation of this Act: Department of Trade and Industry (DTI), and other
NGOs in monitoring the promotion of advertisement
C. Monitor and oversee the strict implementation of
of trafficking in the internet;
this Act;
n. Adopt measures and policies to protect the rights
d. Coordinate the programs and projects of the
and needs of trafficked persons who are foreign
various member agencies to effectively address the
nationals in the Philippines;
issues and problems attendant to trafficking in
persons; o. Initiate training programs in identifying and
providing the necessary intervention or assistance to
e. Coordinate the conduct of massive information
trafficked persons; and
dissemination and campaign on the existence of the
law and the various issues and problems attendant to p. Exercise all the powers and perform such other
trafficking through the LGUs, concerned agencies, functions necessary to attain the purposes and
and NGOs; objectives of this Act.
F Direct other agencies to immediately respond to the Section 23. Mandatory Services to Trafficked Persons, -
problems brought to their attention and report to the To ensure recovery, rehabilitation and reintegration into
Council on action taken; the mainstream of society, concerned government
agencies shall make available the following services to
g. Assist in filing of cases against individuals,
trafficked persons:
agencies, institutions or establishments that violate
the provisions of this Act; a. Emergency shelter or appropriate housing;
h. Formulate a program for the reintegration of b. Counseling;
trafficked persons in cooperation with DOLE,
C. Free legal services which shall include information
DSWD, Technical Education and Skills Development
about the victims' rights and the procedure for filing
Authority (TESDA), Commission on Higher
complaints, claiming compensation and such other
Education (CHED), LGUs and NGOs;
legal remedies available to them, in a language
i. Secure from any department, bureau, office, understood by the trafficked person;
agency, or instrumentality of the government or from
d. Medical or psychological services;
NGOs and other civic organizations such assistance
as may be needed to effectively implement this Act; e Livelihood and skills training; and
j. Complement the shared government information f. educational assistance to a trafficked child
system for migration established under Republic Act
No. 8042, otherwise known as the "Migrant Workers b) Sustained supervision and follow through
and Overseas Filipinos Act of 1995" with data on mechanisms that will track the progress of recovery,
cases of trafficking in persons, and ensure that the rehabilitation and reintegration of the trafficked
proper agencies conduct a continuing research and persons shall be adopted and carried out.
study on the patterns and scheme of trafficking in SEC. 4. Standards and Requisites for Issuance of and
persons which shall form the basis for policy Obtaining a License to Own and Possess Firearms. -
formulation and program direction; In order to qualify and acquire a license to own arid
k. Develop the mechanism to ensure the timely, possess a firearm or firearms and ammunition, the
coordinated, and effective response to cases of applicant must be a Filipino citizen; at least twenty-one
trafficking in persons; (21) years old and has gainful work, occupation or
business or has filed an Income Tax Return (ITR) for the
l. Recommend measures to enhance cooperative preceding year as proof of income, profession, business
efforts and mutual assistance among foreign or occupation.
countries through bilateral and/or multilateral
In addition, the applicant shall submit the following c) It has completed and submitted all its reportorial
certification issued by appropriate authorities attesting requirements to the SEC; and
the following:
d) It has paid all its income taxes for the year, as duly
a) The applicant has not been convicted of any crime certified by the Bureau of Internal Revenue.
involving moral turpitude: (is an act or behavior that
The application shall be made in the name of the
gravely violates the sentiment or accepted standard
juridical person represented by its President or any of its
of the community like rape, concubinage, abduction
officers mentioned below as duly authorized in a board
etc.)
resolution to that effect: Provided, That the officer
b) The applicant has passed the psychiatric test applying for the juridical entity, shall possess all the
administered by a PNP-accredited psychologist or qualifications required of a citizen applying for a license
psychiatrist; to possess firearms.
c) The applicant has passed the drug test conducted Other corporate officers eligible to represent the juridical
by an accredited and authorized drug testing person are: the vice president, treasurer, and board
laboratory or clinic; secretary.
d) The applicant has passed a gun safety seminar Security agencies and LGUs shall be included in this
which is administered by the PNP or a registered and category of licensed holders but shall be subject to
authorized gun club; additional requirements as may be required by the Chief
of the PNP.
e) The applicant has filed in writing the application to
possess a registered firearm which shall state the SEC. 6. Ownership of Firearms by the National
personal circumstances of the applicant; Government. - All firearms owned by the National
Government shall be registered with the FEO of the PNP
f) The applicant must present a police clearance from
in the name of the Republic of the Philippines. Such
the city or municipality police office; and
registration shall be exempt from all duties and taxes that
g) The applicant has not been convicted or is may otherwise be levied on other authorized owners of
currently an accused in a pending criminal case firearms. For the sake of national security, firearms of
before any court of law for a prime that is punishable the Armed Forces of the Philippines (AFP), Coast Guard
with a penalty of more than two (2) years. and other law enforcement agencies shall only be
reported to the FEO of the PNP.
For purposes of this Act, an acquittal or permanent
dismissal of a criminal case before the courts of law SEC. 7. Carrying of Firearms Outside of Residence or
shall qualify the accused thereof to qualify and Place of Business. - A permit to carry firearms
acquire a license. outside of residence shall be issued by the Chief of the
PNP or his/her duly authorized representative to any
The applicant shall pay the reasonable licensing fees as qualified person whose life is under actual threat or
may be provided in the implementing rules and his/her life is in imminent danger due to the nature of
regulations of this Act. An applicant who intends to his/her profession, occupation or business.
possess a firearm owned by a juridical entity shall
submit his/her duty detail order to the FO of the PNP. It shall be the burden of the applicant to prove that
his/her life is under actual threat by submitting a
SEC. 5. Ownership of Firearms and Ammunition by a threat assessment certificate from the PNP.
Juridical Entity. - A juridical person maintaining its own
security force may be issued a regular license to own and For purposes of this Act, the following professionals are
possess firearms and ammunition under the following considered to be in imminent danger due to the nature of
conditions: their profession, occupation or business:

a) It must be Filipino-owned and duly registered with a) Members of the Philippine Bar;
the Securities and Exchange Commission (SEC);
b) Certified Public Accountants;
b) It is current, operational and a continuing
C) Accredited Media Practitioners;
concern;
d) Cashiers, Bank Tellers;
e) Priests, Ministers, Rabbi, Imams; SEC. 11. Registration of Firearms. - The licensed
citizen or licensed juridical entity shall register
f Physicians and Nurses;
his/her/its firearms so purchased with the FO of the PP in
g) Engineers; and accordance with the type of license such licensed citizen
or licensed juridical entity possesses. A certificate of
h) Businessmen, who by the nature of their business registration of the firearm shall be issued upon payment
or undertaking, are exposed to high risk of being of reasonable fees.
targets of criminal elements.
For purposes of this Act, registration refers to the
SEC. 8. Authority to Issue License. - The Chief of the application, approval, record-keeping and monitoring of
PNP. through the FEQ of the PNR, shall issue licenses to firearms with the FEO of the PNP in accordance with the
qualified individuals and to cause the registration of type of license issued to any person under Section 9 of
firearms. this Act.
SEC. 9. Licenses Issued to individuals. - Subject to the SEC. 12. License to Possess Ammunition Necessarily
requirements set forth in this Act and payment of Included. - The licenses granted to qualified citizens or
required fees to be determined by the Chief of the PNP, a juridical entities as provided in Section 9 of this Act
qualified individual may be issued the appropriate shall include the license to possess ammunition with a
license under the following categories; maximum of fifty (50) rounds for each registered
a) Type 1 license - allows a citizen to own and possess firearm: Provided; That the FEO of the PNP may allow
a maximum of two (2) registered firearms: more ammunition to be possessed by licensed sports
shooters.
b) Type 2 license - allows a citizen to own and possess
a maximum of five (5) registered firearms; SEC. 13. Issuance of License to Manufacture or Deal
In Firearms and Ammunition. - Any person desiring to
c) Type 3 license - allows a citizen to own and possess manufacture or deal in firearms, parts of firearms or
a maximum of ten (10) registered firearms; ammunition thereof, or instruments and implements used
or intended to be used in the manufacture of firearms,
d) Type 4 license - allows a citizen to own and possess
parts of firearms or ammunition, shall make an
a maximum of fifteen (15) registered firearms; and
application to:
e) Type 5 license - allows a citizen, who is a certified
a) The Secretary of the Department of the Interior and
gun collector, to own and possess more than fifteen
Local Government (DILG) in the case of an application
(15) registered firearms,
for a license to manufacture: and
For Types 1 to 5 licenses, a vault or a container
b) The Chief of the PP in the case of a license to deal in
secured by lock and key or other security measures for
firearms and firearms parts, ammunition and gun
the safekeeping of firearms shall be required.
SEC. 15. Registration of Locally Manufactured and
For Types 3 to 5 licenses, the citizen must comply with
Imported Firearms. - Local manufacturers and importers
the inspection and bond requirements.
of firearms and major parts thereof shall register the
SEC. 10. Firearms That May Be Registered. - Only same as follows:
small arms may be registered by licensed citizens or
(a) For locally manufactured firearms and major parts
licensed juridical entities for ownership, possession and
thereof, the initial registration shall be done at the
concealed carry. A light weapon shall be lawfully
manufacturing facility: Provided, that firearms intended
acquired or possessed exclusively by the AFP, the PP and
for export shall no longer be subjected to ballistic
other law enforcement agencies authorized by the
identification procedures; and
President in the performance of their duties: Provided,
That private individuals who already have licenses to (b) For imported firearms and major parts thereof, the
possess Class-A light weapons upon the effectivity of registration shall be done upon arrival at the FO of the
this Act shall not be deprived of the privilege to continue PNP storage facility.
possessing the same and renewing the licenses therefor,
for the sole reason that these firearms are Class "A" SEC. 16. License and Scope of License to Deal. - The
light weapons, and shall be required to comply with License to Deal authorizes the purchase, sale and general
other applicable provisions of this Act. business in handling firearms and ammunition, major
and minor parts of firearms, accessories, spare parts, Accessories refer to parts of a firearm which may
components, and reloading machines, which shall be enhance or increase the operational efficiency or
issued by the Chief of the PNP. accuracy of a firearm but will not constitute any of the
major or minor internal parts thereof such as, but not
SEC. 17. License and Scope of License for Gunsmiths,
limited to, laser scope, telescopic sight and sound
- The license for gunsmiths shall allow the grantee to
suppressor or silencer.
repair registered firearms, The license shall include
customization of firearms from finished or manufactured Arms smuggling refers to the import, export,
parts thereof on per order basis and not in commercial acquisition, sale, delivery, movement or transfer of
quantities and making the minor parts thereof, i.e. pins, firearms, their parts and components and ammunition,
triggers, trigger bows, sights and the like only for the from across the territory of one country to that of another
purpose of repairing the registered firearm. The license country which has not been authorized in accordance
for gunsmiths shall be issued by the Chief of the PNP. with domestic law in either or both country/countries.
SEC. 18. Firearms for Use in Sports and Competitions. Antique firearm refers to any: (1) firearm which was
- A qualified individual shall apply for a permit to manufactured at least seventy-five (75) years prior to the
transport his/her registered firearm/s from his/her current date but not including replicas; (2) firearm which
residence to the firing range/s and competition sites as is certified by the National Museum of the Philippines to
may be warranted. be curio or relic of museum interest; and (3) any other
firearm which derives a substantial part of its monetary
SEC. 19. Renewal of Licenses and Registration. - All
value from the fact that it is novel, rare, bizarre or
types of licenses to possess a firearm shall be renewed
because of its association with some historical figure,
every two (2) years. Failure to renew the license on or
period or event.
before the date of its expiration shall cause the
revocation of the license and of the registration of the Imitation firearm refers to a replica of a firearm, or
firearm/s under said license. The registration of the other device that is so substantially similar in coloration
firearm shall be renewed every four (4) years. Failure to and overall appearance to an existing firearm as to lead a
renew the registration of the firearm on or before the reasonable person to believe that such imitation firearm
date of expiration shall cause the revocation of the is a real firearm.
license of the firearm. The said firearm shall be
Confiscated firearm refers to a firearm that is taken into
confiscated or forfeited in favor of the government after
custody by the PNP National Bureau of Investigation
due process.
(NBI), Philippine Drug Enforcement Agency (PDEA),
The failure to renew a license or registration within the and all other law enforcement agencies by reason of their
periods stated above on two (2) occasions shall cause the mandate and must be necessarily reported or turned over
holder of the firearm to be perpetually disqualified from to the PEO of the PNP.
applying for any firearm license. The application for the
Light weapons are: Class-A Light weapons which refer
renewal of the license or registration may be submitted
to self-loading pistols, rifles and carbines, submachine
to the FEO of the PNP. within six (6) months before the
guns, assault rifles and light machine guns not exceeding
cate of the expiration of such license or registration.
caliber 7.62MM which have fully automatic mode; and
Firearm refers to any handheld or portable weapon, Class-B Light weapons which refer to weapons designed
whether a small arm or light weapon, that expels or is for use by two (2) or more persons serving as a crew, or
designed to expel a bullet, shot, slug, missile or any rifles and machine guns exceeding caliber 7.62MM such
projectile, which is discharged by means of expansive as heavy machine guns, handheld underbarrel and
force of gases from burning gunpowder or other form of mounted grenade launchers, portable anti-aircraft guns,
combustion or any similar instrument or implement. For portable anti-tank guns, recoilless rifles, portable
purposes of this Act, the barrel, frame or receiver is launchers of antitank missile and rocket systems,
considered a firearm. portable launchers of anti-aircraft missile systems, and
mortars of a caliber of less than 100MM.
Ammunition refers to a complete unfixed unit consisting
of a bullet, gunpowder, cartridge case and primer or Loose firearm refers to an unregistered firearm, an
loaded shell for use in any firearm. obliterated or altered firearm, firearm which has been
lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the
licensee and those with revoked licenses in accordance SEC. 30. Liability of a Juridical Person. - The penalty
with the rules and regulations. of prision mayor in its minimum to prision mayor in its
medium period shall be imposed upon the owner,
Forfeited firearm refers to a firearm that is subject to
president, manager, director or other responsible officer
forfeiture by reason of court order as accessory penalty
of/any public or private firm, company, corporation or
or for the disposition by the FO of the PNP of firearms
entity who shall willfully or knowingly allow any of the
considered as abandoned, surrendered, confiscated or
firearms owned by such firm, company; corporation or
revoked in compliance with existing rules and
entity to be used by any person or persons found guilty
regulations.
of violating the provisions of the preceding section, or
Gunsmith refers to any person, legal entity, corporation, willfully or knowingly allow any of them to use
partnership or business duly licensed by the FEO of the unregistered firearm or firearms without any legal
PP to engage in the business of repairing firearms and authority to be carried outside of their residence in the
other weapons or constructing or assembling firearms course of their employment.
and weapons from finished or manufactured parts
SEC. 32. Unlawful Manufacture, Importation, Sale or
thereof on a per order basis and not in commercial
Disposition of Firearms or Ammunition or Parts
quantities or of making minor parts for the purpose of
Thereof, Machinery, Tool or Instrument Used or
repairing or assembling said firearms or weapons.
Intended to be Used in the Manufacture of Firearms,
Major parts or components of a firearm: refers to the Ammunition or Parts Thereof. - The penalty of
barrel, slide, frame; receiver, cylinder of the bolt reclusion temporal to reclusion perpetua shall be
assembly. The term also includes any part or kit designed imposed upon any person who shall unlawfully engage
and intended for use in converting a semi-automatic in the manufacture, importation, sale or disposition of a
burst to a full-automatic firearm. firearm or ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument used or
Minor parts of a firearm: refers to the parts of the intended to be used by the same person in the
firearm other than the major parts which are necessary to manufacture of a firearm, ammunition, or a major part
effect and complete the action of expelling a projectile thereof.
by way of combustion, except those classified as
accessories. SEC, 35. Use of an Imitation Firearm. - An imitation
firearm used in the commission of a crime shall be
SEC. 28. Unlawful Acquisition, or Possession of considered a real firearm as defined in this Act and the
Firearms and Ammunition. person who committed the crime shall be punished in
The crime of unlawful acquisition, possession of accordance with this Act: Provided, That injuries caused
firearms and/or ammunition shall be imposed to those on the occasion of the conduct of competitions, sports,
who: games, or any recreation activities involving imitation
firearms shall not be punishable under this Act.
a) unlawfully acquire or possess a small arm;
SEC. 37. Confiscation and Forfeiture. - The imposition
b) if three (3) or more small arms or Class-A light of penalty for any violation of this Act shall carry with it
weapons are unlawfully acquired or possessed; the accessory penalty of confiscation and forfeiture of
the firearm, ammunition, or parts thereof, machinery,
c) unlawfully acquire or possess a Class-A light
tool or instrument in favor of the goverment which shall
weapon;
be disposed of in accordance with law.
d) unlawfully acquire or possess a Class-B light
SEC. 39. Grounds for Revocation, Cancellation or
weapon;
Suspension of License or Permit, - The Chief of the PNP
e) unlawfully acquire or possess a major part of a or his/her authorized representative may revoke, cancel
small arm; or suspend a license or permit on the following grounds:

SEC. 29. Use of Loose Firearms in the Commission of a. Commission of a crime or offense involving the
a Crime: - The use of a loose firearm, when inherent in firearm, ammunition, of major parts thereof;
the commission of a crime punishable under the Revised
b. Conviction of a crime involving moral turpitude or
Penal Code or other special laws, shall be considered as
any offense where the penalty carries an
an aggravating circumstance.
imprisonment of more than six (6) years;
C. Loss of the firearm, ammunition, or any parts d) "attempts or conspires to commit money
thereof through negligence; laundering offenses referred to in paragraphs (a), (b)
or (c);
d. Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace e) "aids, abets, assists in or counsels the commission
without, the proper permit to carry the same; of the money laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
e. Carrying of the firearm, ammunition, or major
parts thereof in prohibited places; Dismissal for cause f) "performs or fails to perform any act as a result of
from the service in case of government official and which he facilitates the offense of money laundering
employee; referred to in paragraphs (a), (b) or (c) above.
g. Commission of any of the acts penalized under "Money laundering is also committed by any covered
Republic Act No. 9165, otherwise known as the person who, knowing that a covered or suspicious
"Comprehensive Dangerous Drugs Act of 2002", transaction is required under this Act to be reported to
the Anti-Money Laundering Council (AML), fails to do
h. Submission of falsified documents or
so".
misrepresentation in the application to obtain a
license or permit; Noncompliance of reportorial "Unlawful activity" refers to any act or omission or
requirements; and series or combination thereof involving or having
relation, to the following (some of the crimes that can be
j. By virtue of a court order.
considered for money laundering):
What is the evidence needed to file a case of illegal
a) Kidnapping for ransom
possession of firearms?
b) Importation, Sale, Administration, Delivery,
a) Testimonial Evidence - Affidavit of witnesses and
Distribution, Transportation, Manufacture, and
arresting officer.
Possession
b). Documentary Evidence ~ Certificate of non-
of prohibited drugs;
registration and other pertinent documents, police
records, macro-etching and ballistics results and c) Plunder
other related documents.
d) Hijacking
c) Object Evidence - Firearms and other related parts
e) Estafa
and ammunition.
f) Violations of Consumer Act of the Philippines
d) Other relevant evidence
g) Cybercrime
"Monetary Instrument" refers to:(a) Coins or currency of
legal tender of the Philippines or of any other country; h) Smuggling
(b) Drafts, checks and notes; etc.
i) Robbery
Money Laundering Offense. - Money laundering is
committed by any person who, knowing that any a) Placement Stage: The placement stage represents the
monetary instrument or property represents, involves, or initial entry of the "dirty" cash or proceeds of crime into
relates to the proceeds of any unlawful activity: the financial system, Generally, this stage serves two
purposes: (a) it relieves the criminal of holding and
a) "transacts said monetary instrument or property; guarding large amounts of bulky cash; and (b) it places
the money into the legitimate financial system. It is
b) "converts, transfers, disposes of, moves, acquires,
during the placement stage that money launderers are the
possesses or uses said monetary instrument or
most vulnerable to being caught. This is due to the fact
property;
that placing large amounts of money into the Legitimate
c) "conceals or disguises the true nature, source, financial system may raise suspicions of officials
location, disposition, movement or ownership of or
b) Layering Stage: After placement comes the layering
rights with respect to said monetary instrument or
stage (sometimes referred to as structuring). The layering
property;
stage is the most complex and often entails the
international movement of the funds. The primary V. any circumstance relating to the transaction which
purpose of this stage is to separate the illicit money from is observed to deviate from the profile of the client
its source. This is done by the sophisticated layering of and/or the client's past transactions with the covered
financial transactions that obscure the audit trail and institution;
sever the link with the original crime.
vi, the transaction is in any way related to an
c) integration Stage The final stage of the money unlawful activity or any money laundering activity or
laundering process is termed the integration stage. It is at offense under the AMLA, as amended, is being or has
the integration stage where the money is returned to the been committed;
criminal from what seem to be legitimate sources.
vii. any transaction that is similar, analogous or identical
Having been placed initially as cash and layered through
to any of the foregoing.
a number of financial transactions, the criminal proceeds
are now fully integrated into the financial system and Creation of Anti-Money Laundering Council (AMLC).
can be used for any purpose. - The Anti-Money Laundering Council is hereby created
and shall be composed of the Governor of the Bangko
There are many different ways in which the laundered
Sentral ng Pilipinas as Chairman, the Commissioner of
money can be integrated back with the criminal;
the Insurance Commission and the Chairman of the
however, the major objective at this stage is to reunite
Securities and Exchange Commission, as members.
the money with the criminal in a manner that does not
draw attention and appears to result from a legitimate One of the primary function of the AMLC is to require
source. and receive covered or suspicious transaction reports
from covered persons;
"Covered persons", natural or juridical, refers to banks,
non-banks, quasi-banks, trust entities, foreign exchange Investigation of Money Laundering Offenses. - The
dealers, pawnshops, money changers, remittance and AML shall investigate:
transfer companies and other similar entities and all
other persons and their subsidiaries and affiliates a) suspicious transactions;
supervised or regulated by the Bangko Sentral ng b) covered transactions deemed suspicious after an
Pilipinas (BSP); etc. investigation conducted by the AMLC;
"Transaction" refers to any act establishing any right or c) money laundering activities; and
obligation or giving rise to any contractual or legal
relationship between the parties thereto. It also includes d) other violations of the AMLA, as amended.
any movement of funds by any means with a covered
Jurisdiction of Money Laundering Cases. - The Regional
institution
Trial Courts shall have the jurisdiction to tr all cases on
1. "Covered Transaction" is a transaction in cash or other money laundering. Those committed by public officers
equivalent monetary instrument involving a total amount and private persons who are in conspiracy with such
in excess of five hundred thousand pesos public officers shall be under the jurisdiction of
(Php500,000.00) within one (1) banking day. Sandiganbayan.

"Suspicious Transaction" is a transaction, regardless of Prosecution of Money Laundering.

amount, where any of the following circumstance exists:
a) Any person may be charged with and convicted of
i. there is no underlying legal or trade obligation, both the offense of money laundering and the
purpose or economic justification; unlawful activity as defined.

ii. the client is not properly identified; b) The prosecution of any offense or violation under
this Act shall proceed independently of any
iii. the amount involved is not commensurate with the proceeding relating to the unlawful activity.
business or financial capacity of the client;
The elements of the offense of money laundering are
iv. taking into account all known circumstances, it separate and distinct from the elements of the felony or
may be perceived that the client's transaction is offense constituting the unlawful activity.
structured in order to avoid being the subject of
reporting requirements under the act; Freezing of Monetary Instrument or Property. - Upon a
verified ex parte (with respect to or in the interests of
one side only or of an interested outside party) petition o the statements concern the occurrence
by the AMUC and after determination that probable in question and its immediately
cause exists that any monetary instrument or property is attending circumstances.
in any way related to an unlawful activity as defined, the
Court of Appeals may issue a freeze order which shall be
effective immediately, and which shall not exceed six (6)
months depending upon the circumstances of the case:
Provided, That if there is no case filed against a person
whose account has been frozen within the period
determined by the court, the freeze order shall be
deemed ipso facto lifted: Provided, further, That this new
rule shall not apply to pending cases in the courts. In any
case, the court should act on the petition to freeze within
twenty-four (24) hours from filing of the petition. If the
application is filed a day before a non working day, the
computation of the twenty-four (24)-hour period shall
exclude the nonworking days
"A person whose account has been frozen may file a TRAFFIC MANAGEMENT
motion to lift the freeze order and the court must resolve
this motion before the expiration of the freeze order. Traffic Management and Accident Investigation with
Driving
Reporting of Covered Transactions: Covered Institutions
shall report to the AMLC all covered transactions and ROADS AND VEHICLES HISTORY
suspicious transactions within five (5) working days
WHEEL
from occurrence thereof, unless the supervising authority
concerned prescribes a longer period not exceeding ten - was invented probably in Western Asia
(10) working days.
- one of man’s great inventions
Should a transaction be determined to be both a covered
and a suspicious transaction, the covered institution shall THE ROMANS
report the same as a suspicious transaction. - were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000
miles (80, 000 km)

Dying Declaration- The declaration of a dying person, CANALS

made under the consciousness of an impending death, - a body of water used to be channel of sea transportation
may be received in any case wherein his death is the
subject of inquiry, as evidence of the cause and - the first canal was constructed by Engr. James Brindley
surrounding circumstances of such death.
RAILWAYS
Res gestae is a Latin term meaning “things done” or
- channel of transportation wherein a parallel line of
“things transacted.” It refers to the events or
irons were used as roads
circumstances at issue, as well as other events that are
contemporaneous with or related to them. - the first railroad is the Stockton and Darlington line
(1925)
A declaration made spontaneously after a startling
occurrence is deemed as part of the res gestae when; Related Laws
o the principal act, the res gestae, is a  R.A. 10916 (Road Speed Limiter Act of 2016)
startling occurrence;
 R.A. 10913 (The Anti-Distracted Driving Act
o the statements were made before the
declarant had time to contrive or  R.A. 10883 (New Anti-Carnapping Act of
devise; and 2016)/Repealed RA No. 6539
 R.A. 10666 (Children’s Safety on Motorcycles Act of B. ANIMAL POWER – domesticated animals were used
2015) to carry loads
 R.A.10586 (Anti-Drunk and Drugged Driving Act of 1. Ox – cattle which was first used to carry loads in
2013) Mesopotamia
 R.A. 10054 (Motorcycle Helmet Act of 2009) 2. Reindeer - first domesticated in Siberia in the
beginning of Christian era. Deer draws sledge
 R.A. 8750 (Seat Belt Law)
3. Dog - the first domesticated animal used to carry loads
 R.A. 8749 (Clean Air Act)
4. Donkey – first domesticated in the Middle East.
 R.A. 7924 (Metropolitan Manila Development
Donkey caravan carry goods within Southwest Asia and
Authority)
Egypt.
 R.A. 4136 (Land Transportation and Traffic Code)
5. Llama - in pre-Columbian America, the Llama was the
 P.D. 532 (Highway Robbery/Brigandage) only new world animal other than the dog capable of
domestication for transport.
 P.D. 96 (Unlawful use of sirens, dome lights, blinkers
and other unauthorized attachments on motor vehicles) 6. Elephant – the Carthaginians used African elephants
in their war against Rome. Elephants were used to carry
Historical Perspective of Traffic Management heavy loads.
TRANSPORTATION – is the movement or conveying of 7. Horse – In Europe, horses were used to draw wheeled
persons and goods from one location to another. vehicles and for riding for sometime until the
NOMAD (Greek) – to pasture. Refers to pastoralists, introduction of mechanized vehicles.
groups that migrate in an established pattern to find 8. Camel - camel were used to carry loads. Two kinds of
pasture lands for their domestic livestock. camel: two-humped bactrian camel of Central Asia and
Two types of nomads: the one-humped dromnedary camel of Arabia.

1. Who wonder in search for food. 9. Yak – a long-haired type of cattle that lives at high
altitude on the Tibetan platue used to carry heavy loads
2. Who observe annual cycle of pastures whose where horses could not survive.
availability determined by the alteration of hot and cold
or wet and dry season.  3000 BC – the civilization of Egypt, Mesopotamia,
and the Indus Valley developed roads, first for pack
Early Types of Transportation: animals and then for wheeled vehicles.
A. MANPOWER – Early man who had no domesticated  Romans built roads into the conquered regions to help
animals carry their own burdens. consolidate their gains.
1. Carrying Pole - goods are carried by means of pole  Wheel was invented probably in Western Asia, such
invention was a milestone and a great step forward in
2. Backload and Tumpline - goods are carried on the
transportation.
back
 John Palmer introduced his first mail coach in March
3. Sledge on Rollers – moving heavy burdens on sledge
of 1785 and by 1800, the English coach system was in
which rested on a series of rollers
full swing.
4. Sledge on Runners – loads are carried on a sledge
 John L. Macadam perfected the macadamized road in
5. Travois - device used by Native North Americans of England about 1815.
the Great Plains for transporting their tepees and
 In the early 19th century served as a nursery of
household goods. It consisted of two poles, lashed
automobile builders. One of the modern ancestors of the
one on either side of a dog or, later, a horse, with one end modern bicycle was the Hobby Horse or Dan Horse.
of each pole dragging on the ground.
 German Baron Karl Von Drais in 1817 introduced a Traffic Education – process of giving training and
steerable wheel, creating the “draisenne” or “dandy practice in the actual application of traffic safety
horse.” knowledge.
 Frenchman Etienne Lenoir made possible the Traffic Enforcement – deals mostly on the
introduction of motorized carriages by his invention in implementation and enforcement of traffic laws and
the 1860’s and 70’s of the Internal Combustion Engine. rules and regulations.
 Nicolaus Otto and Gottlieb Daimler pioneered the Traffic Ecology or Traffic Environment - includes the
manufacture of gas engines and later Daimler became a study of potentially disastrous population explosion,
successful automobile manufacturer. changes in urban environment due to the scale and
 Rudolf Diesel, a German engineer, developed an density of new urban concentration and new activities
internal combustion engine which is similar with the carried out, air pollution, water pollution and crowding,
gasoline engine but requires no electrical ignition system especially transport congestion which result therein.
or carburetor and sues other form of liquid fuel, the Traffic Economy - deals with the benefits and adverse
diesel fuel. effects of traffic to our economy.
 Automobile found its greatest popularity in the U.S., 5 Essential Steps in the Enforcement Process
where the first Horseless Carriage appeared in the
1. Detection (of violation)
1890’s.
2. Apprehension
 In 1908, Henry ford introduced the Model T, which
was proved so popular that by 1914, Ford had adopted 3. Prosecution
Mass Production methods to meet the demand.
4. Adjudication
 Felix Wankel developed an advanced – type of engine,
named after him, that operates very differently from gas 5. Penalization
and diesel engines. It is started by a moving Kinds of Enforcement Actions
crankshaft. *Traffic Arrest – takes place when a person was taken
Major Causes of Traffic Congestion into custody for the purpose of holding or detaining him
to answer a charge of traffic law violation before a
*Physical Inadequacy – characterized by lack of roads,
narrow bridges, railroad crossing, lack of traffic court.
facilities, etc. *Issuing Temporary Operator’s Permit or Traffic
*Poor Control Measure – characterized be ineffective Violation Receipt – done when the violation of a person
mechanical control devices, inefficient traffic officers, charged contemplates a trial adjudication or disposition
and poor implementation of traffic laws, rules and to determine his guilt.
regulations. *Traffic Warning – done when the violation does not
*Human Errors – many traffic congestion caused by contemplate an assessment by the traffic court.
slow poor planning, poor legislation; and traffic accident International Basic Traffic Signs
which are mostly attributed to human errors.
*Round and Red Sign: regulates the movement of
*Poor Maintenance – oftentimes motor vehicles are turning and passing traffic regulations
stalled in traffic ways because of unrepaired diggings,
crack on road pavement or unfinished road pavement *Round Black Yellow Signs: a warning that you are
approaching a railroad crossing
concreting.
*Equilateral Triangle Red Signs: a sign at the
5 P’s of Traffic intersection directing drivers to yield the right-of-way to
Traffic Engineering – science of measuring traffic and vehicles in the road being crossed
travel.
*Eight-Sided Red and White Stop Sign: the most popular  Reflectorized Markings – markings or gadgets
and understood sign by all tongues and colors; and designed to reflect and become luminous when hit by
vehicles’ headlight.
*Triangle Red and Black Sign: approaching a danger
zone, hill, slope, winding road, and others. Traffic Accident Investigation
Classification of International Traffic Signs TRAFFIC
*Danger warning signs (also known as “caution signs”) - it refers to the movement of persons, goods, or
– these have an equilateral triangular shape with one side vehicles, either powered by combustion system or
horizontal and having red borders. animal drawn vehicle, from one place to
*Regulatory signs – these are signs which impose legal another for the purpose of safe travel
restrictions applicable at particular location usually
- originated from Greco-Roman word Trafico and Greek
enforceable in the absence of such signs. Usually round
word Traffiga, origin of which is not known
in
Important Terms
shape with the exception of “Stop Signs” and “Yield
Signs”. Accident – occurrence in a sequence of events which
usually produces unintended injury, death, or property
*Informative signs (also known “guide signs” or
damage.
“direction signs”) – The rectangular shape white-colored
on blue background is used for informative signs. Motor vehicle – self-propelled and every vehicle which
is propelled by electric power obtained from overhead
Pavement Markings and Markers
trolley wires, but not operated upon rails.
 Pavement Markings – These are the lines usually
Traffic way – entire width between boundary lines of
white and yellow or a combination of yellow and white
every way or place of which any part is open to the use
officially set on the roadway as separation for motor
of the public for purposes of vehicular traffic as a matter
vehicles travelling in the opposite direction or the same
of right or custom.
direction in case of two-lane one-way street, two-lane
two-way street or four-lane two-way street. Roadway – portion of a traffic way which is designed or
ordinarily used for vehicular travel, exclusive of the
CENTER LINE (OR SEPARATION LINE) – crossing of
shoulder.
solid white lines requires special care and is discouraged
Key event – manner of occurrence of a motor vehicle
LANE LINE – changing of lane is allowed provided that
traffic accident.
it is safe to do so and will not result to obstruction.
Skid marks – left on the roadway by tires which are not
BARRIER LINE DOUBLE SOLID YELLOW LINES –
free to rotate, usually because brakes are applied strong
never cross to pass another vehicle unless permitted.
and the wheels locked.
BROKEN YELLOW LINE – passing is allowed
Scuff marks – left on the road by tires that are sliding or
SINGLE SOLID YELLOW LINE – overtaking is scrubbing while the wheel is still turning.
prohibited on both directions.
Classification of Registered Motor Vehicles
BROKEN AND SOLID YELLOW LINES – overtaking
*Private (not for hire, for personal use of their owners)
is permitted on the side of the broken line but not on side
Green with white background
of solid line.
*Public Utility Vehicles (for hire, registered primarily for
 Curb Markings for Restrictions – markings placed on
the conveyance of passengers and other commercial
the curbs or edges of the traffic for restriction or for
goods) Black with yellow background
parking regulation purposes.
*Government (owned by government offices and used
 Object Markings – markings placed on objects on the
for official purposes only) Red (maroon) with white
road or beside the road like humps, rocks or similar
background
hazardous objects on the side of the road.
*Diplomat (Issued to foreign diplomats and consuls 5. Disengagement – separation of a traffic unit in motion
assigned in the Philippines) Blue with white background from an object with which it has collided. Force between
the object ceases at this time.
Kinds of Traffic Accidents
6. Stopping – usually stabilizes the accident situation.
1. Motor Vehicle Traffic Accident – any motor vehicle
accident occurring on a traffic way. 7. Injury – is receiving bodily harm.
2. Motor Vehicle Non-Traffic Accident – any motor Point of no escape – is that place and time after or
vehicle accident which occurs entirely in any place other beyond which the accident cannot be prevented by the
than a traffic way. traffic unit under consideration.
3. Non-Motor Vehicle Traffic Accident – any accident Final position – is the place and time when objects
occurring on a traffic way involving persons using the involved in an accident finally come to rest without
traffic way or travel or transportation, but not application of power.
involving a motor vehicle in motion. 5 Levels of Activity in Accident Investigation
Classification of Accident According to Severity a. Reporting
1. Property Damage Accident – is any motor vehicle b. At-scene investigation
accident where there is no fatal or injury to any person
c. Technical, preparation
but only damage to the motor vehicle or to other
d. Professional reconstruction
property including injury to animals.
e. Cause analysis
2. Slight – accident causing slight damages to properties.
Hit-and-Run Investigation
3. Non-Fata Injury Accident – any motor vehicle
accident that results in injuries other than fatal to one or No driver of a motor vehicle concerned in a vehicle
more persons. accident shall leave the scene of the accident without
aiding the victim, except under any of the following
4. Less Serious – accidents causing less serious injuries
to persons. circumstances:
5. Serious – causing serious injuries to persons. d. Fatal a. If the driver is imminent danger of being seriously
– any motor vehicle accidents that results in death to one harmed by any person or persons by reason of the
or more persons. accident.
Chain of Events in a Vehicular Accident b. If the driver reports the accident to the nearest officers
of the law.
1. Perception of hazard – seeing, feeling, or hearing and
understanding the usual or unexpected movement or c. If the driver has to summon a physician or nurse to aid
condition that could be taken as sign of the the victim.
accident about to happen. 2 Important Considerations
2. Start of evasive action – first action taken by a traffic 1. The driver who flees the scene of an accident is not
unit to escape from a collision course or otherwise avoid necessarily the driver responsible for the accident
a hazard.
2. The hit-and-run driver often will report the damage to
3. Initial Contact – first accidental touching of an object his own vehicle as having been the result of another hit-
collision course of otherwise avoid a hazard. and-run accident in which some “other mysterious
4. Maximum Engagement – greatest collapse or overlap driver” fled without identifying himself.
in a collision the force between the traffic unit and the
object collided with - are greatest at maximum *Last Clear Chance Doctrine states that the contributory
negligence of the party injured will not defeat the action
engagement. if it be shown that the accused might, by the exercise
of reasonable care and prudence, have avoided the
consequences of the negligence of the injured party.
FUEL
*Emergency Rule provides that an automobile driver
- anything that will burn when heated with
who, by the negligence of another and not by his own
sufficient oxygen
negligence, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is
OXYGEN
not guilty of negligence if he makes such a choice which
a person of ordinary prudence placed in such a - aids in combustion; comes from the atmosphere
we breath; the atmosphere contains: 21%
position might make even though he did not make the oxygen, 78% nitrogen and 1% impurities
wisest choice. HEAT
- source of ignition

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

TETRAHEDRON OF FIRE
- a geometric representation of what is required
for fire to exist, namely, fuel, an oxidizing agent,
CDI 6: FIRE TECHNOLOGY AND ARSON heat, and an uninhibited chemical reaction
INVESTIGATION

FIRE TETRAHEDRON

FIRE - Oxygen (oxidizing agent)

- Fuel
- a rapid, self-sustaining oxidation process - Heat
accompanied by the evolution of heat and light - Self-sustained chemical reaction
of varying intensity
- an active chemical reaction that takes place
between fuel, heat and oxygen in the form of Each component of the tetrahedron must
light and noticeable heat be in place for combustion to occur. Remove one
- a chemical reaction; the rapid oxidation of a fuel of the four components and combustion will not
producing heat and light occur. If ignition has already occurred, the fire is
- an oxidation taking place with a rate rapid extinguished when one of the components is
enough to produce heat and light
removed from the reaction.

TECHNOLOGY
OXYGEN (Oxidizing Agent)
- the branch of knowledge that deals with
industrial arts and sciences - a colorless, odorless gas and one of the
- the application of such knowledge that is used to compositions of air which is approximately 21%
produce the material necessity of society percent by volume
-
Oxygen sources: Oxygen
ELEMENTS OF FIRE OR TRIANGLE OF FIRE
requirements:
1. 21% of normal oxygen 1. 12% no fire 48 118 Human skin receives a
first degree burn injury
2. 78% nitrogen 2. 14% flash
point 55 131 Human skin receives a
second degree burn injury
3. 1% other gases 3. 21% fire
point 62 140 A phase where burned
human tissue becomes numb
72 162 Human skin is instantly
FUEL
destroyed
- the material or substance being oxidized or
100 212 Water boils and
burned in the combustion process.
produces steam
140 284 Glass transition
Fuel sources
temperature of polycarbonate
1. Solid
230 446 Melting temperature of
- molecules are closely packed together polycarbonate
2. Liquid 250 482 Charring of natural
cotton begins
- molecules are loosely packed
300 572 Charring of modern
3. Gas protective clothing fabrics begins
- molecules are free to move 600 1112 Temperatures inside a
post-flashover room fire

HEAT
- the energy component of the fire tetrahedron Types of Energy (common sources of heat)
- when heat comes into contact with a fuel, the
1. Chemical Energy
energy supports the combustion reaction
2. Electrical Energy
- heat energy is measured in units of Joules (J),
3. Nuclear Energy
however it can also be measured in Calories (1
4. Mechanical Energy
Calorie = 4.184 J) and BTU's (1 BTU = 1055 J)

CHEMICAL ENERGY
TEMPERATURE
- the most common source of heat in combustion
- a measure of the degree of molecular activity of
reactions
a material compared to a reference point
- a measure of the degree of molecular activity of When any combustible is in contact with
a material compared to a reference point oxygen, oxidation occurs. The reaction of this
- measured in degrees Farenheit or degrees process results in the production of heat.
Celsius ex. Heat generated from burning match, self
heating (spontaneous heating)

ºC ºF Response
37 98.6 Normal human ELECTRICAL ENERGY
oral/body temperature - can generate temperature high enough to ignite
44 111 Human skin begins to any combustible material near the heated area
feel pain
 grow beyond the first material ignited, heat must be
transmitted beyond the first material to additional fuel
Examples:
packages.
1. over current or overload
2. arcing
3. sparking Stages of Fire
4. static
5. lightning - Ignition
- Growth
- Flashover
NUCLEAR ENERGY - Fully-developed
- Decay
- generated when atoms either split apart (fission)
or combine (fusion)
Ex. IGNITION
1. fission heats water to drive steam turbines and - describes the period when the four elements of
produce electricity the fire tetrahedron come together and
combustion begins
2. solar energy is a product of a fusion reaction

GROWTH
- shortly after ignition, a fire plume begins to form
MECHANICAL ENERGY above the burning fuel. As the plume develops,
it begins to draw or entrain air from the
- an energy created by friction and compression surrounding space into the column.

1) Heat of friction - the movement of two surfaces FLASHOVER

against each other, thus producing sparks
2) Heat of compression - heat is generated when a - the transition between the growth and the fully
gas is compressed in a container or cylinder developed fire stages and is not a specific event
such as ignition. During flashover, conditions in
the compartment change very rapidly as the fire
SELF-SUSTAINED CHEMICAL REACTION changes from one that is dominated by the
burning of the materials first ignited to one that
Combustion is a complex reaction that requires a involves all of the exposed combustible surfaces
fuel (in the gaseous or vapor state), an oxidizer, and heat within the compartment.
energy to come together in a very specific way. Once
flaming combustion or fire occurs, it can only continue
FULLY-DEVELOPED
when enough heat energy is produced to cause the
continued development of fuel vapors or gases. - occurs when all combustible materials in the
Scientists call this type of reaction a “chain reaction”. compartment are involved in the fire

DECAY
A chain reaction is a series of reactions that
occur in sequence with the result of each individual - as the fire consumes the available fuel in the
reaction being added to the rest. compartment, the rate of heat released begins to
decline.

FIRE DEVELOPMENT THREE (3) STAGES OF FIRE

1. Incipient phase
2. Free burning phase
When the four components of the fire
3. Smoldering
tetrahedron come together, ignition occurs. For a fire to
1. INCIPIENT STAGE CONDUCTION
- initial stage of fire - heat transfer within solids or between
contacting solids

Characteristics
When a hot object transfers its heat, conduction
- normal room temperature
has taken place. The transfer could be to another object
- oxygen plentiful or to another portion of the same object. As we have
discovered and will be constantly reinforced about,
- thermal updraft rise accumulates at combustion occurs on the molecular level. When an
higher point object heats up, the atoms become agitated and begin to
- temperature at 1000 F collide with one another. A chain reaction of molecules
and atoms, like wave energy, occurs and causes the
- Producing C02, CO, SO2, water and agitated molecules to pass the heat energy to areas of
other gases non-heat.
2. FREE BURNING PHASE
- a phase of burning in which materials or CONVECTION
structures are burning in the presence of
adequate oxygen - heat transfer by the movement of liquids
or gasses

Characteristics
Air that is hotter than its surroundings rises. Air
- fire has involved more fuel that is cooler than its surroundings sinks. Air is made up
of many molecules floating about freely. Even so, it still
- oxygen supply has depleted
has weight. Some molecules are made up of the same
- heat accumulates at upper area element. For example, oxygen in its natural state will
combine with another oxygen atom to form a stable
- temperature exceeds 1,330 F oxygen molecule. In a given volume, air at a given
- area is fully involved temperature will have the same density. When heated, as
in conduction theory, the molecules become agitated and
begin to collide with one another. In the process, the
molecules are demanding more space to accommodate
3. SMOLDERING PHASE
the vibrations and they push into one another as they
- final phase of burning wherein flame seek that space. When that happens, the density of a
ceases but dense smoke and heat given volume is reduced and it weighs less. Because it
completely fill the confined room weighs less, it rises until it reaches equilibrium-the level
at which the weight is the same as the surrounding
atmosphere.
MODES OF HEAT TRANSFER

RADIATION
Heat is by-product of combustion that is of - heat transfer by electromagnetic waves
significant importance to the firefighter. It is heat that
causes fire to sustain its combustion and, more
important, to extend. When heat given off as a product of
The last form of heat transfer occurs by
combustion is exposed to an unheated substance, certain
radiation. As we have already seen, heat energy can be
changes occur that can make the new substance a
transmitted directly when molecules collide with one
contributing factor in extending a fire.
another and cause the waves of heat energy to travel.
 h. Flash point
FLAME CONTACT - the temperature at which the material is
not hot enough to keep burning, but still
- heat may be conducted from one body to another
gives off enough vapors to cause a flame
by direct flame contact
across the surface

PROPERTIES OF FIRE
2. CHEMICAL PROPERTIES
1. Physical properties
2. Chemical Properties a. Endothermic reaction
- are changes whereby energy is absorbed
1. PHYSICAL PROPERTIES or is added before the reaction takes
a. Specific gravity place

- the ratio of the weight of a solid or b. Exothermic reaction

substance to the weight of an equal - reactions or changes that releases or give
volume of water off energy
b. Vapor density c. Oxidation
- the weight of volume of pure gas - a chemical change in which combustible
compared to weight of a volume of dry material and an oxidizing material react
air at the same temperature and pressure
d. Combustion or flame
c. Vapor pressure
- the manifestation of fire is in its gas-
- the force exerted by the molecules on phased combustion; matter that is
the surface of the liquid at the produced by fire.
equilibrium
d. Temperature
Material Ignition
- the measure of the thermal degree of the Temperature
agitation of molecules of a given
substance; the measure of the molecular F
activity within the substance C

e. Boiling Point Gasoline 536

280
- the constant temperature at which the
vapor pressure of the liquid is equal to Kerosene 410
the atmospheric pressure 210

f. Ignition temperature Turpentine 488

253
- the minimum temperature to which the
substance in the air must be heated in Paper 842
order to initiate or cause self-contained 450
combustion without addition of heat
Wood 489
from outside sources
254
g. Fire point
Coal 750
- the temperature at which the material 400
will give off ample vapors to keep
burning
CLASSIFICATIONS OF FIRE - is one deliberately set under
circumstances in which the person
knows that the fire should not be set
I. BASED ON CAUSE
a. Natural fire/ providential
D. UNDETERMINED FIRE CAUSE
b. Accidental fire
- whenever the cause cannot be proven,
c. Intentional Fire/Incendiary the proper classification is undetermined

d. Undetermined
II. BASED ON BURNING FUEL

A. NATURAL FIRE
- involves fires without direct human CLASS A
intervention
- ordinary solid materials such as wood, paper,
Examples: fabrics, etc.
- this will be indicated by deep cited fire, leaves
- Earthquake ashes and embers (glowing coals) after burning
- Typhoon
CLASS B
- Lightning
- flammable liquids such as gasoline, lube oil,
- Spontaneous combustion arising from kerosene, paint thinner, etc.
the storage of combustible materials in
poorly ventilated places
CLASS C
- Explosion from petroleum products,
alcohol and other substances - electrical appliances; causes electric shock

- Sun rays focused on glasses which may

serve as a convex lens CLASS D
- metal fire such as magnesium (white element
burning with dazzling light), sodium (a silver
B. ACCIDENTAL FIRE white metallic element), etc.; creates violent
reaction
- Carelessly discarded cigarettes
- Careless disposition of readily CLASS K
combustible materials
- kitchen oils and fats
- Poorly managed or defective heating
facilities
Fire Classes in the United Kingdom and Europe
- Overheating, spark and electrical defects
A – ordinary combustibles
- Overload electric circuits/ Octopus
connections B – flammable or flammable liquids

- Children playing matches C – flammable gasses

- Use of candles D – combustible metals

E – (this class is no longer existing in Europe)

C. INCENDIARY FIRE F – cooking oils and fats

 4. Exposures
Fire Classes in Australia and Asia
Factors to Consider in Extinguishment:
A – everyday combustibles
1. Time
B – combustible or combustible liquids 2. Weather (temperature, humidity, wind)
C – combustible gasses 3. Fire ( ex. Extent, location, bldg construction,
contents involved)
D – combustible metals 4. Occupancy
5. Ventilation (used for clearing the bldg of smoke
E – electrical equipment and gases)
F – cooking fats and oils
Types of Ventilation:
a. Vertical ventilation - must be worked from the
Fire Classes in the U.S.A. (NFPA)
top to bottom
A – regular combustibles b. Cross or horizontal ventilation - used if gases
have not reached the higher level through the
B – flammable liquids and gasses opening of windows
c. Mechanical force ventilation - a method
C – electrical appliances whereby a device such as smoke ejector is
D – combustible metals utilized to remove faster excessive heat and
dense smoke
K – cooking oils and fats
Factors to determine the location for the opening:

FIRE EXTINGUISHMENT 1. Location of intensity of fire

2. Highest point on the roof
3. Direction of wind
4. Existing exposure
EXTINGUISHING AGENT
5. Extent of fire
1. Class A – water (all agents) 6. Obstruction
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use
ADDITIONAL BASIC TACTICS USED IN
water, soda acid and foam)
EXTINGUISHING FIRE
4. Class D – special powder
5. Class E – all agents 1. RESCUE - any action taken by the firefighters
to remove occupants/ persons from building/
hazards to a safety place
METHODS OF EXTINGUISHMENT
2. OVERHAUL - a complete and detailed checked
1. COOLING – heat absorption. of the structures and materials involved in the
fire to make sure that every spark and ember has
2. SEPARATION – the removal of the fuel. been extinguished and to have assurance against
re-ignition
3. SMOTHERING – by expelling oxygen 3. SALVAGE - an action taken by the firefighters
4. Inhibition or the interruption of chemical in preventing excessive damage by fire, water
chain reaction with the use of salvage cover or by removing
materials out from the burning building

Strategies Used in Firefighting: Types of ladder

1. Locate the fire 1. Ground ladders (10 to 55 ft. long)

2. Confine the fire 2. Aerial ladders
3. Extinguish the fire
Purposes of ladders - an art that deals with the identity and location of
the offender and provides evidence of his guilt in
a. for rescue
criminal proceedings
b. to stretch line into a fire building
c. to provide ventilation by giving access to places that
ELEMENTS OF ARSON
are hard to reach
1. Actual burning took place
2. Actual burning is done with malicious intent
Forms of ground ladders 3. The actual burning is done by person(s) legally
and criminally liable
a. Wall
b. Extension
c. Hook or straight ladder LAW AND JURISPRUDENCE
d. Attic ladder The law on arson in the Philippines is covered
by Articles 320 to 326 of the Revised Penal Code, as
LADDER TERMINOLOGY amended by PD No. 1613, PD No. 1744, and Sec. 50
Rule VIII IRR of RA 6975 which provides that the
1. Bed ladder - the lowest section of an extension Bureau of Fire Protection (BFP) shall have the power to
ladder investigate all causes of fires and, if necessary, file the
2. Fly ladder - the top section of an extension proper complaint with the City/Provincial prosecutor
ladder who has jurisdiction over arson cases.
3. Butt - the bottom end of a ladder
4. Heel - the part of the ladder that touches the
ground
5. Halyard - a rope or cable used to raised the fly LAWS ON ARSON
ladder
6. Pawl or dog - the mechanism located at the end 1.Article 320 – 326 of the Revised Penal Codedefines
of the fly ladder that locks to the bed ladder arson, its forms and penalties
7. Rung - the cross member of the ladder that is 2.PD 1613 – the law amending the law on arsondefining
used for climbing
the prima facie evidence of arson
8. Top or tip - it is the top part of the ladder
9. Hooks - part of a ladder that is used to hook 3. RA 7659- An Act to Impose Death Penalty on Certain
over a roof peak, sills, or walls where the heel Heinous Crimes, amending for that purpose the Revised
does not rest on a foundation. (roof type ladders) Penal Code as amended, other special laws, and for other
10. Stops - made of metal or wood blocks used to purposes
prevent the fly of an extension ladder from
extending out further from the ladder 4.RA 6975 Sec. 54- provides that the Fire Bureau shall
11. Guides - light metal strips of an extension have the power to investigate all causes of fires and if
ladder that guides the fly ladder while it is being necessary file the proper complaint with the
raised or lowered City/Provincial Prosecutor who has jurisdiction over the
case
ARSON INVESTIGATIVE GUIDE AND
PROCEDURES
What Constitutes Arson?
1. Burning
ARSON 2. Willfulness – means intentional and implies that
- the willful and malicious burning of all kinds of the act was done purposely and intentionally
3. Malice – denotes hatred or ill will or a desire for
buildings and structures including personal
revenge; deliberate intention of doing unjustified
properties
harm for the satisfaction of doing it
4. Motive – the moving cause which induces the
commission of a crime; something that leads or
INVESTIGATION influences a person to do something
 5. Intent – the purpose or design with which the perform all the acts of execution (the setting of
act is done and involves the will; an essential the fire to the rags) due to the timely
element of crime, motive is not intervention of another who chases away) the
offender.
Why is arson very hard to investigate?
What is Frustrated Arson?
 In frustrated arson, the fact of having set fire to
Arson is one of the most difficult offenses to some rags and jute sacks soaked in kerosene oil
investigate because the arsonist can be able to set a fire and placed near the partition of the entire soil of
and escape undetected. The fire can consume the scene an inhabited house, should not be qualified as a
and destroy much physical evidence of the offense. consummated arson, in as much as no part of the
Harder forms of evidence are often buried in debris and house had begun to burn, although fire would
grossly altered in appearance. have started in the said partition had it not been
extinguished on time. The crime committed was
frustrated arson.
What Constitutes Burning?
What is Consummated Arson?
 The mere fact that a building is scorched or
discolored by heat is not sufficient nor will bare  The offender did in fact set fire to the roof of the
intention or even an attempt to burn a house house and said house was partially burned. The
amount to arson, if no part of it is burned. crime was consummated arson, notwithstanding
 Yet, if there is actual ignition of any part of the the fact that the fire afterwards extinguished for
building, arson is committed, although there be once it has been started, the consummation of
no flame or the fire immediately goes out of the crime of arson does not depend upon the
itself. extent of the damage caused.
 To burn means to consume by fire and in the  Setting fire to the contents of a building
case of arson, if the wood is blackened but no constitutes the consummated crime of setting
fibers are wasted, there is no burning, yet the fire to a building even if no part of the building
wood need not be in flame or blaze, and the was burned.
burning of any part, however, small is sufficient
to constitute arson, and if the house is charred in
a single place so as to destroy the fibers of the Basis of Liability in Arson:
wood, it is sufficient to constitute arson.
1. Kind and character of the building, whether of
public or private ownership.
What is Attempted Arson? 2. Its location, whether in an uninhabited place or
in a populated place.
 In attempted arson, it is not necessary that there 3. Extent of damage caused; and
be a fire before the crime is committed. No hard 4. The fact of its being inhabited or not.
and fast rule is laid down by the law as to the
requirements for attempted arson. The peculiar
facts and circumstances of a particular case Some of the Arson Evidence that the Investigator
should carry more weight in the decision of the should seek at the Fire scene are the following:
case. Thus, a person intending to burn a wooden
structure, collects some rags, soaks them in 1. Unusually rapid spread of the fire.
gasoline and places them beside the wooden 2. Where it originated?
wall of the building. When he is about to light a 3. Separate fires – when two or more separate fires
match to set fire to the rags, he is discovered by break-out within a building, the fire is certainly
another who chases him away. suspicious.
4. Unusual odors – the odor of gasoline, alcohol,
kerosene and other inflammable liquids are
 The crime committed is attempted arson, indicated by their characteristics and oftentimes,
because the offender begins the commission of arsonists are trapped because of this tell tale
the crime directly by overacts (placing the rags signs.
soaked in gasoline beside the wooden wall of the 5. Objects that appear to be foreign to the scene
building and lighting a match) but he does not such as cans, candles, matches, explosives,
 electrical appliances such as irons, heating act is done and involves the will while MOTIVE
elements, clocks, radios, flammables, trailers, is what induces the criminal.
etc.
6. Charring pattern may indicate fire characteristics.
The fact that the fire feeds on combustible while Motive Can Be Established By:
propagating itself, indicates that the char will I. Economic Gain
generally be deepest from where the fire A. Insurance fraud with the assured directly
originates. When a fire is extinguished quickly, benefiting:
the charring is only slightly below the surface. 1. Desire to move
Fire burning for a longer period of time will – the premises may no longer be desirable
indicate a char that is deep and pronounced. because of the condition of the building,
These facts are most apparent in the charring of the fact that the quarters are outgrown or
wood as a fire burns. The charring from fire on because of the locality.
woods looks like the hide of a black alligator.
2. Disposing of Merchandise
Fire extinguished quickly on wood will show a
– the stocks on hand may have lost value
large alligatoring pattern that has not penetrate
by reason of the seasonal nature of the
the wood to any extent. Fire burning for a long
business, obsolesce, scarcity of materials
period of time on wood will show small
necessary to complete the contracts,
alligatoring pattern but the char will go deep into
overstock in the absence of expected
the wood. The direction of fire can also be taken
order or a changing market.
into consideration with charring. The exposed
side of combustible will have a deeper char than 3. Property Transaction
the unexposed side. – the business itself may no longer be
desirable because of impending
7. Evidence of forcible entry or lack of same may be liquidation, settlement of an estate of
important depending on the circumstances at the which it is a part, the need for cash,
time of the fire. If the investigator determines prospective failure, the comparatively
there was no forcible entry and finds that the greater value of the land, or the
building was secured prior to discovery of the comparatively greater value of the
fire, he can reasonably suspect there is insurance benefits.
possibility that the person who sets the fire
entered the building with a key. Doors and B. Profit by the Perpetrator other than the
windows showing signs of forced entry may assured:
point to arson preceded by burglary or arson by
1. Insurance agents wishing business
someone without a key to the premises.
2. Insurance adjusters desiring to adjust a
loss by securing a contract
3. Business competitors
Motives in Arson 4. Persons seeking jobs as protection
personnel
Motive 5. Salvagers
 Motive is the moving cause which induces a 6. Contractors wishing to rebuild or wreck
person to commit a crime.
Concealment of Crime:
Is Motive Necessary to be Proven in Criminal  the arsonists may set fire to a building
Proceedings? in order to conceal a projected or past
 No. motive is not necessary to be proven in crime. He may wish to divert attention
criminal proceedings but once motive is shown, in order to loot the burning premises or
then intent can easily established. steal in other places. The burning may
 In the crime of arson, the distinction between be for the purpose of destroying
motive and intent is clearly defined. INTENT is evidences.
a material element of arson while motive is not.
INTENT is the purpose of design with which the Punitive Measure:
- An arsonists may use fire as a means of Vandalism
punishing another person for reason of jealousy,
hatred or revenge. – is a general term denoting intentional burning to
destroy properties.

In determining motive, a fire investigator

concentrates on three major factors:
Intimidation or Economic Disabling:
1. Points of origin of the fire
- The fire may be used as a weapon of the 2. Modus operandi of the arsonist
saboteurs, the strikers or the racketeers to 3. Identify of persons who might benefits from the
intimidate or to disable economically as a step fire.
toward forcing submission to certain demands.

Incendiary Materials
Pyromania - materials used to start a fire; combustible fuels
1. Arson Chemicals (liquids) – are incendiary
– is the uncontrollable impulse of a person to burn materials often used by arsonists as accelerants.
anything without motivation. Pyromaniacs Possess excellent properties. Examples: alcohol,
usually do not run away from the scene of the benzene, petroleum ether, gasoline, kerosene,
crime, usually alone and feel satisfied watching naptha, turpentine.
the flame 2. Gases as acetylene, butane, CO, ethylene,
hydrogen, natural gas, propane, these are
common gases resulting in fires from explosion.
Types of Pyromaniacs: These when mix with air possess excellent in
ignition properties and when present in an
1. Abnormal Youth – Epileptics, imbeciles and enclosed area can lead to explosion.
morons may set fire without knowing the 3. Solids as chlorates, perchlorates, chromates,
seriousness of the act. bichromates, nitrates, permanganates – are
2. The Hero Type – a person may set fire on a typical families of oxidizing agents which give
building, subsequently pretends to discover it off oxygen on decomposition thus aiding in
and turn in the alarm so that he will appear a combustion.
hero to the public. A person may burn a building
and endeavor to achieve spectacular rescue in
order to attract the attention of spectators. FIRE CODE OF THE PHILIPPINES
3. Alcoholics and Drug Addicts – persons who
subject themselves to intense artificial stimulants
such as narcotics sometimes develop a strong Republic Act No. 9514
urge toward incendiaries.
4. Sexual Deviates – some sex perverts derive - Approved on December 19, 2008
sexual stimulation from setting a fire and - Repealed PD 1185
watching the flame. Frequently, he is chronic - known as the "Revised Fire Code of the
masturbator who stimulates and enhances his Philippines of 2008".
sexual gratification by means of arson.
Definition of terms
Public Disturbance Abatement - Any act that would remove or neutralize a
- an offender may resort to arson as a means of a fire hazard.
public disturbance because a fire attracts people
and destruction causes confusion that gives rise
to attendant problems that divert police Administrator- Any person who acts as agent of the
attention. owner and manages the use of a building for him.
Blasting Agent - Any material or mixture consisting of a Distillation - The process of first raising the temperature
fuel and oxidizer used to set off explosives. in separate the more volatile from the less volatile parts
and then cooling and condensing the resulting vapor so
as to produce a nearly purified substance.
Cellulose Nitrate Or Nitro Cellulose - A highly
combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material. Duct System - A continuous passageway for the
transmission of air.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic

substance, materials or compound having cellulose Dust - A finely powdered substance which, when mixed
nitrate (nitro cellulose) as base. with air in the proper proportion and ignited will cause
an explosion.

Combustible, Flammable or Inflammable - Descriptive

of materials that are easily set on fire. Electrical Arc - An extremely hot luminous bridge
formed by passage of an electric current across a space
Combustible Fiber - Any readily ignitable and free
between two conductors or terminals due to the
burning fiber such as cotton, oakum, rags, waste cloth,
incandescence of the conducting vapor.
waste paper, kapok, hay, straw, Spanish moss, excelsior
and other similar materials commonly used in
commerce.
Ember - A hot piece or lump that remains after a
material has partially burned, and is still oxidizing
without the manifestation of flames.
Combustible Liquid- Any liquid having a flash point at
or above 37.8_C (100_F).
Finishes - Materials used as final coating of a surface
for ornamental or protective purposes.
Corrosive Liquid - Any liquid which causes fire when in
contact with organic matter or with certain chemicals.
Fire - The active principle of burning, characterized by
the heat and light of combustion.
Curtain Board - A vertical panel of non-combustible or
fire resistive materials attached to and extending below
the bottom chord of the roof trusses, to divide the
Fire Trap - A building unsafe in case of fire because it
underside of the roof into separate compartments so that
will burn easily or because it lacks adequate exits or fire
heat and smoke will be directed upwards to a roof vent.
escapes.

Cryogenic - Descriptive of any material which by its

Fire Alarm - Any visual or audible signal produced by a
nature or as a result of its reaction with other elements
device or system to warm the occupants of the building
produces a rapid drop in temperature of the immediate
or fire fighting elements of the presence or danger of fire
surroundings.
to enable them to undertake immediate action to save life
and property and to suppress the fire.
Damper - A normally open device installed inside an air
duct system which automatically closes to restrict the
Fire Door - A fire resistive door prescribed for openings
passage of smoke or fire.
in fire separation walls or partitions.
Fire Hazard - Any condition or act which increases or Hazardous Operation/Process - Any act of
may cause an increase in the probability of the manufacturing, fabrication, conversion, etc., that uses or
occurrence of fire, or which may obstruct, delay, hinder produces materials which are likely to cause fires or
or interfere with fire fighting operations and the explosions.
safeguarding of life and property.

Horizontal Exit - Passageway from one building to

Fire Lane - The portion of a roadway or public way that another or through or around a wall in approximately the
should be kept opened and unobstructed at all times for same floor level.
the expedient operation of fire fighting units.
Hose Box - A box or cabinet where fire hoses, valves and
other equipment are stored and arranged for fire fighting.
Fire Protective And Fire Safety Device - Any device
intended for the protection of buildings or persons to
Hose Reel - A cylindrical device turning on an axis
include but not limited to built-in protection system such
around which a fire hose is wound and connected.
as sprinklers and other automatic extinguishing system,
detectors for heat, smoke and combustion products and
other warning system components, personal protective
equipment such as fire blankets, helmets, fire suits, Hypergolic Fuel - A rocket or liquid propellant which
gloves and other garments that may be put on or worn by consists of combinations of fuels and oxidizers which
persons to protect themselves during fire. ignite spontaneously on contact with each other.

Fire Safety Constructions - Refers to design and Industrial Baking And Drying - The industrial process of
installation of walls, barriers, doors, windows, vents, subjecting materials to heat for the purpose of removing
means of egress, etc. integral to and incorporated into a solvents or moisture from the same, and/or to fuse
building or structure in order to minimize danger to life certain chemical salts to form a uniform glazing the
from fire, smoke, fumes or panic before the building is surface of materials being treated.
evacuated. These features are also designed to achieve,
among others, safe and rapid evacuation of people
through means of egress sealed from smoke or fire, the Jumper - A piece of metal or an electrical conductor
confinement of fire or smoke in the room or floor of used to bypass a safety device in an electrical system.
origin and delay their spread to other parts of the
building by means of smoke sealed and fire resistant
doors, walls and floors. It shall also mean to include the Occupancy- The purpose for which a building or portion
treatment of buildings components or contents with thereof is used or intended to be used.
flame retardant chemicals.

Occupant- Any person actually occupying and using a

Flash Point - The minimum temperature at which any building or portions thereof by virtue of a lease contract
material gives off vapor in sufficient concentration to with the owner or administrator or by permission or
form an ignitable mixture with air. sufferance of the latter.

Forcing -A process where a piece of metal is heated Organic Peroxide - A strong oxidizing organic
prior to changing its shape or dimensions. compound which releases oxygen readily. It causes fire
when in contact with combustible materials especially
under conditions of high temperature.
Fulminate - A kind of stable explosive compound which
explodes by percussion.
Overloading - The use of one or more electrical
appliances or devices which draw or consume electrical
current beyond the designed capacity of the existing Sprinkler System - An integrated network of
electrical system. hydraulically designed piping installed in a building,
structure or area with outlets arranged in a systematic
pattern which automatically discharges water when
Owner- The person who holds the legal right of activated by heat or combustion products from a fire.
possession or title to a building or real property.

Standpipe System - A system of vertical pipes in a

Oxidizing Material- A material that readily yields building to which fire hoses can be attached on each
oxygen in quantities sufficient to stimulate or support floor, including a system by which water is made
combustion. available to the outlets as needed.

Pressurized Or Forced Draft Burning Equipment - Vestibule - A passage hall or antechamber between the
Type or burner where the fuel is subjected to pressure outer doors and the interior parts of a house or building.
prior to discharge into the combustion chamber and/or
which includes fans or other provisions for the
introduction of air at above normal atmosphere pressure Vertical Shaft - An enclosed vertical space of passage
into the same combustion chamber. that extends from floor to floor, as well as from the base
to the top of the building.

Public Assembly Building - Any building or structure

where fifty (50) or more people congregate, gather, or
assemble for any purpose.
Collection of Liquid Samples for Accelerant Testing
Liquid accelerants may be collected with
Public Way- Any street, alley or other strip of land
a. New syringe
unobstructed from the ground to the sky, deeded,
b. Siphoning device
dedicated or otherwise permanently appropriated for
c. Evidence container itself
public use. d. Sterilize cotton balls or gauge pads may also be
Pyrophoric - Descriptive of any substance that ignites used to absorbed the liquid
spontaneously when exposed to air.
Where liquid accelerants are believed to have become
trapped in porous materials such as concrete floor:
Refining - A process where impurities and/or deleterious
materials are removed from a mixture in order to a. Lime
b. Diatomaceous earth
produce a pure element of compound. It shall also refer
c. flour
to partial distillation and electrolysis.
Collection of liquid evidence absorbed by solid
materials including soils and sand:
Self-Closing Doors - Automatic closing doors that are
designed to confine smoke and heat and delay the spread a. Scooping
of fire. b. Sawing
c. Scraping
d. Core drilling
Smelting - Melting or fusing of metallic ores or
compounds so as to separate impurities from pure Collecting of Solid samples for accelerant testing
metals.
Solid accelerant may be common household materials
and compounds or dangerous chemicals. When
collecting solid accelerants:
 a. The fire investigator must ensure that the solid DRUGS
accelerant is maintained in physical state in
which is found A drug, as defined, is a chemical substance
b. Some incendiary materials remain Corrosive and used as a medicine or in making medicines, which
Reactive affects the body and mind and have potential for abuse.
c. Ensure the corrosive nature of these residue does Without an advice or prescription from a physician,
not attack the packaging container drugs can be harmful.

The term drug derives from the 14th century French

Collection of Gaseous samples word DROGUE, which means a dry substance, then
Method of Collection: derived later into DROGE-VATE from Dutch word
meaning dry barrels.
a. Use of commercially available mechanical
sampling device PHARMACOLOGY – is a branch of medicine
b. Utilization evacuated air sampling cans. These concerns with compositions, actions and effects of drugs
cans are specifically designed for taking gaseous into the body.
samples
c. Use of clean glass bottled filled with distilled Medicine – A drug use to cure any symptoms of an
water. Distilled water use as it has had most of illness
the impurities removed from it. This method
simply require the investigator poured the NATURE/CLASSIFICATIONS OF DRUGS
distilled water out of its bottle in the atmosphere
to be sampled. As distilled water leaves the  Pharmaceutical drugs- These are known as
bottle it is replaced by the gaseous sample your “medicines”
 Over-The-Counter Drugs: (Non-Prescription
Drugs), Non-prescriptive medicines which may
Guide on Interpreting the Damage on Electrical Wire be purchased from any pharmacy or
drugstore without written authorization from
a doctor
Collection of Electrical Equipments and Components  Prescription Drugs: Drugs that require
written authorization from a doctor to allow
Before wires are cut, a photograph should be taken of the
its purchase
wires, and the both ends of the wire should be tagged
 Psychoactive Drugs- Also known as
and cut so that they can be identified as one of the
“recreational drugs”
following:
 Illicit/Illegal Drugs: (Recreational Drugs)
a. The device or appliance to which it was attached Drugs used for non-therapeutic purposes and
or from which it was severed is obtained illegally.
b. The circuit breaker or fuse number or location to
which the wire was attached or from which it The “Self-Medication Syndrome”
was severed The “self-medication” syndrome is found in
c. The wire’s path or the route it took between the users and would be users of drugs whose sources of
device and the circuit protector, information are people or literature other than doctors,
electrical switches, receptacles, thermostats, pharmacists and health workers. These could be
relays, junction boxes, electrical distribution members of the family, relatives, and/or neighbors, all of
panels, and similar equipment and components whom may have previously used the drug for their
are often collected as physical evidence. specific disease or disorder. Self-medication may work
against the good of the user because it can lead to
intoxication and other adverse reactions.

Possible outcomes of self-medication are:

1. Adverse reaction towards the drug, such as

allergies that may be mild or severe.
2. Possible non-response of the patient to the
DRUG EDUCATION AND VICE CONTROL drug effectively due to incorrect drug usage.
 3. Possible drug toxicities, through over dosage 1. Tablet: contains dried, powdered, active drug as well
which may lead to severe reactions such as nausea, as binders and filters to provide bulk and ensure proper
vomiting, rashes, etc. tablet size.
4. Possible habit-forming characteristics due to
periodic use of the drugs even when such are no longer 2. Capsules: comes in two varieties :*Soft gelatin shell
needed. and *Hardshell
3. Cream: Semi-solid emulsion of oil and water, the
Drug Nomenclature/Naming of Drugs main ingredient being water. Emulsifying agents are
added to keep the oil and water well mixed.
This is the system used in identifying the classification
of drugs. The three name classifications of drugs are the 4. Ointment: Semi-solid emulsion of oil and water, the
Chemical/Molecular/Scientific Name, the Generic or main ingredient being oil
Non-Proprietary Name, and the Brand or Trade and
the Proprietary Name. 5. Lotion: Suspension of an active drug in a water base
for external use.
DRUG NOMENCLATURE
6. Powder: Finely ground form of an active drug which
• Chemical Name: This provides an exact description of can be contained in capsules but can also be found in
medications, composition, and molecular structure of glass vials where they must be reconstituted with sterile
drug/s. water before being injected.
• Generic Name: Also known as “common name”, 7. Liquids: Comes in the forms of either solutions or
simpler than the chemical name, given by the suspension
manufacturer who first developed the medication,
becomes the official name that is listed in official 8. Transdermal: A multilayered disk containing a drug
publications. reservoir, a porous membrane (which regulates the
amount of drug released to the skin), and an adhesive
• Trade/Propriety/Brand Name: It is a name under layer to hold it to the skin.
which a manufacturer markets a medication, followed by
the symbol R which indicates that the name is registered 9. Pellet/Bead: Implanted in the body which slowly
and its use is restricted to the owner of the drug. releases the drug to the surrounding tissues.
Nomenclature it is a systematic method of devising a
HOW DRUGS WORK? name specifically in Science or in a particular field such
as in Pharmacology
Most drugs act within a cell, rather than on the
surface of a cell or in the extracellular fluids of the body.
HOW DRUGS ARE ADMINISTERED?
Similar to normal body chemicals, a drug enters a cell
and participates in a few steps of the normal sequence of
The common methods of administration are the
a cellular process. Thus, drugs may later, interfere with
following:
or replace chemicals of normal cellular life, hopefully
for the betterment of the person. The actual action of a
1. Oral – this is the safest most convenient and
particular drug depends on its chemical make-up.
economical route whenever possible. There are
however, drugs, which cannot be administered
When two drugs are taken together or within a
this way because they are readily destroyed by
few hours of each other they may interact with
the digestive juices or because they irritate the
unexpected results. This is one reason a physician should
mucous lining of the gastro-intestinal tract and
always know the names of all drugs one is using. A dose
induce vomiting.
of a drug is the amount taken at one time. The doses
2. Injection – this form of drug administration
taken become an extremely important part of drug abuse.
offers a faster response than the oral method. It
The amount of drug in a dose can be described as:
makes use of a needle or other device to deliver
the drugs directly into the body tissue and blood
circulation.
DRUG FORMS
3. Inhalation – this route makes use of gaseous
Drugs either legitimate or illicit could come into and volatile drugs, which are inhaled and
different forms such as
 absorbed rapidly through the mucous of the MEDICAL USES OF DRUGS
respiratory tract.  Analgesics – Drugs that relieve pain
4. Topical – this refers to the application of drugs  Antibiotics – Drugs that combat infectious
directly to a body site such as the skin and the diseases
mucous membrane.  Antipyretics – Those that can lower body
5. Iontophoresis – the introduction of drugs into temperature or fever due to infection.
the deeper layers of the skin by the use of  Antihistamines – Those that control allergic
special type of electric current for local effect. reactions
 Contraceptives –For birth control
 Decongestant – Those that relieve congestion of
Drug Abuse Jargons the nasal passages
 Expectorants – Those that can ease
 “Opiate” - Narcotic the expulsion of the mucus and phlegm
 “On-the-Nod/ “Nodding” - the state from the lungs and the throat.
produced by opiates like being suspended on the  Laxatives – Those that stimulate defecation and
edge of sleep. encourage bowel movement.
 “Mainline’/ “to shoot” - injecting a drug into  Sedatives and Tranquilizers – Those
the vein that can calm and quiet the nerves and
 “A Hit” - the street slang for relieve anxiety without causing
injection of drugs depression and clouding of the mind.
 “Work” - an apparatus for  Vitamins – Substances that are necessary
injecting a drug for normal growth and development and
 “A Fix” - one injection of opiate proper functioning of the body
 “Juni” - heroin
 “Junkie” - an opiate addict DRUG INTERACTIONS:It refers to the process
 “Skin popping” - to inject a drug under the skin whereby the response to a drug is modified by the
 “A Bag” - a pocket of drug presence of another factor, usually a drug or
 “Cold Turkey” - the withdrawal effect that chemical agent.
occurs after a repeated opiate use
 “Track” - scars on the skin left from the 1. Additive Effect: Two drugs with similar actions are
repeated injection of opiate taken for doubled effect.
 “Overdose” - death occurs because the part
2. Synergistic Effect: The combined effect of
of the brain that controls breathing becomes
two drugs is greater than the sum effect of each
paralyzed.
drug given alone.
 “Speed” - amphetamines
3. Antagonistic Effect: One drug interferes with the
 “Speed Freaks” - amphetamine addicts
action of another drug.
 “Uppers” - street slang for
amphetamines 4. Displacement: The displacement of a drug by a
 “Rush” - the beginning of a high second drug increases the activity of the first drug.
 “High” - under the influence of drugs 5. Interference: One drug inhibits the metabolism
 “Coke” - street slang for cocaine or excretion of a second drug, causing increased
 “Flashback” - user can be thrown back into activity of the second drug.
the drug experience months after the original use 6. Incompatibility: One drug is chemically
of drug. incompatible with another drug causing
 “Acid” - slang term for LSD deterioration when two drugs are mixed in the
 “Acid Head” - LSD user same solution.
 “Drop” - taking drug orally
 “Joint” - an MJ Cigar
 “Roach” - butt end of a joint THE CONCEPT OF TOXICOLOGY
 “Stoned” - the intoxicating effect
of a drug A drug may cause effects because of any of the
 “Trip” - the name for the reaction that following:
is caused by drugs
 “Head” - drug user 1. Minimal dose – amount needed to treat or
 “Downer” - street slang for heal, that is, the smallest amount of a drug that will
depressant produce a therapeutic effect.
 2. Maximal dose – largest amount of a drug that The users stop taking their drug – only if their
will produce a desired therapeutic effect, without any supply of the drug is cut off, or if they are forced to quit
accompanying symptoms of toxicity. for any reason – they will undergo painful physical or
3. Toxic dose – amount of d rug that produces mental distress. The experience of withdrawal distress,
untoward effects or symptoms of poisoning called the withdrawal syndrome, is a sure sign that a
4. Abusive dose – amount needed to produce drug is dependency-producing and that the user is
the side effects and action desired by an individual who dependent on the drug. Drug dependence may lead to
improperly uses it drug abuse – especially the illegal drugs
5. Lethal dose – amount of drug that will cause
death Concept of Drug Addiction

Drug addiction is a state of mind in which a

THE INFLUENCES OF DRUG ABUSE person has lost the power of self-control in respect of a
drug. He consumes the drug repeatedly leaving aside all
Concept of Drug Abuse values of life. In other words a drug addict will resort to
crime even, to satisfy his repeated craving for the drug.
The term Drug Abuse most often refers to the The effects of addiction are mainly deteriorative
use of a drug with such frequency that it causes physical personality Changes. They include insomnia, instability,
or mental harm to the user or impairs social functioning. lack of self-confidence especially when not under the
Although the term seems to imply that users abuse the influence of drug. The addict can not concentrate on any
drugs they take, in fact, it is themselves or others they work. He avoids social contacts. Slowly, mentally,
abuse by using drugs. physically, and morally he becomes from bad to worse
and a burden to the society.
Traditionally, the term drug abuse referred to the
use of any drug prohibited by law, regardless of whether One or more of the following attributes
it was actually harmful or not. This meant that any use of characterizes drug addiction:
Marijuana, for example, even if it occurred only once in
a while, would constitute abuse, while the same level of 1. Compulsion/ Uncontrollable Craving – the
alcohol consumption would not. addict feels a compulsive craving to take drug repeatedly
and tries to procure the same by any means.
The term drug is commonly associated with 2. Tolerance – it is the tendency to increase the
substances that may be purchased legally with dose of the drug to produce the same effect as to that of
prescription for medical use. Other substances that may the original effect.
be purchased legally without prescription and are 3. Addiction – the addict is powerless to quit
commonly abused include alcohol and the nicotine drug use.
contained in tobacco cigarettes (Groiler, 1995). 4. Physical Dependence – the addict’s
physiological functioning is altered. The body becomes
sick, inactive and incapable of carrying out useful
Concept of Drug Dependence activity in the absence of the drug. The withdrawal
syndromes will occur once the drug use is stopped.
Drug abuse must be distinguished from drug 5. Psychological Dependence – Emotional and
dependence. Drug dependence, which is sometimes mental discomfort exist to the individual. The drug
called drug addiction, is defined by basic three addict feels he can not do without the drug, consequently
characteristics (Groiler, 1995). if he does not take the drug his mental processes are
The users continue to take a drug over an extended affected. He can not carryout his work efficiently.
period of time. Just the long this period is dependent on 6. Withdrawal Syndrome – The addict
the drug and the user. becomes nervous and restless when he does not get the
drug. After about 12 hours, he starts sweating. His nose
The users find it difficult to stop using the drug. and eyes becomes watery and continue doing so
They seem powerless to quit the drug use. Users take increasingly for another twelve hours. It is followed by
extraordinary and often harmful measures to continue vomiting, diarrhea, loss of appetite and sleep.
using the drug. They will drop out of school, steal, leave Respiration, blood pressure and body temperature also
their families, go to jail and lose their job to keep using rises. This will continue up to three days. After which,
drug. the trouble starts subsiding and most of it is gone in
about a week’s time. Complete recovery takes place in
three to six months.
How Addiction is acquired?
1. Change in interest – they lose interest in their
People have generally different motivation in studies and in their work. They fail in school, shift
life. The young ones are very much adventurous and from one course to another, transfer of school of
some of them have strong attraction in Drug-taking, lower standard until eventually drop out.
because these “Space are era belongs to them so to
speak, thus, the “IN” thing these days are drugs. To see 2. Frequent shifting of mood – they are euphoric,
drug abusers around seemed to be of a common sight. elated and sometimes even ecstatic when under the
influence of drugs. They would be indifferent,
The drug habit is acquired in three ways: irritable and even hostile when the effect of drug is
waning from the system.
1. Association
2. Experimentation 3. Changes in behavior – they usually spend a lot.
3. Inexperienced doctors They are usually in the company of known drug
users in the community. They come home late; they
Likewise, addiction may be acquired through: become disrespectful and would sell personal or
family valuables.
1. Habituation – closely related to euphoric
effect, and the relief of pain or emotional 4. Changes in physical appearance – if they can be
discomfort. seen while still under the influence of drugs the
2. Toleration – the necessity to increase the following can be noted:
dose to obtain an effect equivalent to the
original dose.
3. Dependence – the altered physiological state The following can also help in identifying drug
brought about by the repeated administration abusers.
of the drug, which necessitates the continued
use of the drug to avoid withdrawal a. They know the lingo of the abusers, i.e.
syndrome. OMAD. Chongki, Bitin, etc.
b. Presence of linear scar in the arms, forearms
What are the Group Classifications of Drug Abusers? and abdomen.
c. Lobule of left ear punctured and some of the
1. Situational Users – those who use drugs to males even wear earrings.
keep them awake or for additional energy to perform an THE GLOBAL DRUG SITUATION
important work. Such individual may or may not exhibit
psychological dependence. Drug abuse has become not only a national issue
or a problem of just a few countries but it is a clear and
2. Spree Users – school age users who take present global danger.
drugs for “kicks’, an adventurous daring experience, or
as a means of fun. There may be some degree of Today, highly entrenched, well-organized drug
psychological dependence but little physical dependence syndicates are behind this menace. They employ the
due to the mixed pattern of use. most advanced and most sophisticated technology
coupled with unlimited financial resources at their
3. Hard Core Addicts – those, whose activities command and disposal. Police agencies around the
revolve almost entirely around the drug experience and world, pooling their resources together are more often
securing supplies. They show strong psychological than not, the losers in a game of hide-and-seek with the
dependence on the drug. international drug syndicates (Sotto, 1994).

4. Hippies – those who are addicted to drugs A. The 1st Important Drug Traffic Route
believing that drug is an integral part of life.
Middle East – discovery, plantation, cultivation,
harvest

IDENTIFICATION OF DRUG ABUSER

Turkey - preparation for distribution
The following markers can help in identifying
them:
 Europe - manufacture, synthesis, refine 9. Indonesia – Northern Sumatra has
traditionally been the main cannabis growing area in
Indonesia. Bali Indonesia is an important transit point for
U.S. - Marketing drugs en route to Australia and New Zealand.
10. Singapore, Malaysia, and Thailand – the
B. The 2nd Major Drug Traffic Route most favorable sites of drug distribution from the
“Golden Triangle” and other parts of Asia.
A. Drugs that originates from the Golden 11. China – the transit route for heroin from
Triangle “Golden Triangle” to H.K.
12. Hong Kong – the world’s transshipment
Burma/Myanmar point of all forms of heroin.
13. Japan – the major consumer of cocaine and
shabu from U. S. and Europe.

Laos Thailand
D. Organized Crime Groups behind the Global Drug
Scene

B. Drugs that originates from the Golden Crescent Columbian Medellin Cartel

- Iran Founded during the 1980’s by Colombian drug

- Afghanistan lords in the name of Pablo Escobar Gaviria and drug
- Pakistan bosses Jose Gonzalo Rodriguez Gacha and the top aid
- India cocaine barons Juan David and the Ochoa Brothers.

The Medellin Cartel is reputedly responsible for

C. World’s Drug Scene organizing world’s drug trafficking network. The
Columbian government succeeded in containing the
1. Southeast Asia – the “Golden Triangle” Medellin Cartel, which resulted in the death, surrender,
approximately produced 60% of opium in the world, and arrest of the people behind the organization. This
90% percent of opium in the eastern part of Asia. It is further resulted to the disbandment of the Cartel led to
also the officially acknowledged source of Southeast its downfall.
Asian Heroin.
2. Southwest Asia – the “Golden Crescent” is
the major supplier of opium poppy, MJ and Heroin Cali Cartel
products in the western part of Asia. It produces at least
85% to 90% of all illicit heroin channeled in the drug The downfall of the Columbian Medellin Cartel
underworld market. is the rise of the Cali Cartel - the newly emerged cocaine
3. Middle East – the Becka Valley of Lebanon monopoly. Gilberto Rodriquez Orajuela –Don Chepe -
is the biggest producer of cannabis in the Middle East. “the chess player” heads the syndicated organization.
Lebanon is also considered as the transit country for Under him, the Cali cartel was considered the most
cocaine from South America to European markets. powerful criminal organization in the world.
4. Spain – major transshipment point for The cartel produces over 90% of cocaine in the
international drug traffickers in Europe – known as “the world. Due to this, it was called the best and the
paradise of drug users in Europe”. brightest of the modern underworld. “ They are
5. South America – Columbia, Peru, Uruguay, professionals of the highest order, intelligent, efficient,
and Panama are the sources of all cocaine supply in the imaginative, and nearly impenetrable” – US - Drug
world. Enforcement Agency.
6. Morocco – the number one producer of
cannabis in the world. (2003 to 2006) The Chinese Triad
7. Philippines – the major transshipment point
for the worldwide distribution of illegal drugs such as The Chinese Triad is also called the Chinese
shabu and cocaine from Taiwan and South America. The Mafia – the oldest and biggest criminal organization in
second world’s supplier of MJ and the drug paradise of the world. It is believed to be the controller of the
drug abusers in Asia. “Golden Triangle”.
8. India – center of the world’s drug map,
leading to rapid addiction among its people.
 1. Narcotics - are drugs, which relieve pain
and produce profound sleep or stupor.
Drug Syndicates in the Philippines Medically, they are potent painkillers, cough
depressants and as an active component of
The Binondo-based Chinese syndicate has been anti-diarrheal preparations. Opium and it
identified as the nucleus of the Triad Society, the derivatives like morphine, codeine and
Bamboo gang based in Taiwan and the 14K based in heroin, as well as the synthetic opiates,
Hong Kong. The Bamboo Gang is the influence of the meperidine and methadone, are classified as
Green Gang of the Chinese Triad while the 14K is the narcotics.
newest among the triads families established only in 2. Opium – derived from a poppy plant –
1947. Papaver somniferum popularly known as
“gum”, “gamot”, “kalamay” or “panocha”.
The most common “modus operandi” by the 3. Morphine - most commonly used and best
syndicates – posing as fishermen along Philippine seas, used opiate. Effective as a painkiller six
particularly, the northern provinces of Luzon such as La times potent than opium, with a high
Union, Ilocos, and Pangasinan where they drop their dependence – producing potential. Morphine
loads of shabu to shoreline based members. The exerts action characterized by analgesia,
syndicates are famously involved in marijuana drowsiness, mood changes, and mental
cultivation and other drug smuggling including drug clouding.
manufacture. 4. Heroin – is three to five times more
powerful than morphine from which it is
THE DANGEROUS DRUGS derived and the most addicting opium
derivative. With continued use, addiction
A. According to Effects occurs within 14 days. It may be sniffed on
swallowed but is usually injected in the
1. Depressants – those that depress the CNS veins.
2. Stimulants – those that stimulate the CNS 2. Codeine – a derivative of morphine,
3. Hallucinogens – those that distort perception, commonly available in cough preparations.
mind; alter moods These cough medicines have been widely
abused by the young whenever hard
B. According to Medical Pharmacology narcotics are difficult to obtain. Withdrawal
symptoms are less severe than other drugs.
1. Depressants 3. Paregoric – a tincture of opium in
2. Narcotics combination with camphor. Commonly used
3. Tranquilizers as a household remedy for diarrhea and
4. Stimulants abdominal pain.
5. Hallucinogens
6. Solvents/Inhalants 4. Demerol and Methadone – common
synthetic drugs with morphine – like effects.
DRUGS COMMONLY ABUSED Demerol is widely used as a painkiller in
childbirth while methadone is the drug of
The Depressants (Downers) choice in the withdrawal treatment of heroin
dependents since it relieves the physical
These are group of drugs, which suppress vital craving for heroin.
body functions especially those of the brain or central 5. Barbiturates – are drugs used for inducing
nervous system with the resulting impairment of sleep in persons plagued with anxiety,
judgment, hearing, speech and muscular coordination. mental stress, and insomnia. They are also of
They dull the minds, slow down body reactions to such value in the treatment of epilepsy and
an extent that accidental deaths and/or suicides usually hypertension. They are available in capsules,
happen. They include the narcotics, barbiturates, pills or tablets, and taken orally or injected.
tranquilizers, alcohol and other volatile solvents. These 6. Seconal – commonly used among
drugs, when taken in, generally decrease both the mental hospitality girls. Sudden withdrawal from
and the physical activities of the body. They cause these drugs is even more dangerous than
depression, relieve pain and induce sedation or sleep and opiate withdrawal. The dependent develops
suppress cough. generalized convulsions and delirium, which
 are frequently associated with heart and central nervous system. A drop of pure
respiratory failure. nicotine can easily kill a person.
7. Tranquilizers – are drugs that calm and
relax and diminish anxiety. They are used in The Hallucinogens (Psychedelic)
the treatment of nervous states and some
mental disorders without producing sleep. Consists of a variety of mind-altering drugs,
8. Volatile Solvents – gaseous substances which distort reality, thinking and perceptions of time,
popularly known to abusers as “gas”, sound, space and sensation. The user experiences
“teardrops”. Examples are plastic glues, hair hallucination (false perception), which at times can be
spray, finger nail polish, lighter fluid, rugby, strange. His “trips” may be exhilarating or terrifying
paint, thinner, acetone, turpentine gasoline, good or bad. They may dislocate his consciousness and
kerosene, varnishes and other aerosol change his mood, thinking and concept of self.
products. They are inhaled by the use plastic
bags, handkerchief or rags soaked in these 1. Marijuana - is the term used to describe all
chemicals. the plant material like leaves, tops, stems,
9. Alcohol – the king of all drugs with flowers and roots from a cannabis plant
potential for abuse. Most widely used, (Cannabis sativa), dried and prepared for
socially accepted and most extensively smoking or taken orally as “brownies”.It is
legalized drug throughout the world. In the a Mexican term meaning pleasurable
field of medicine, it is “valuable” as feeling. The primary active ingredient /mind
disinfectant, as an external remedy for altering component is the
reducing high fever among children, and as tetrahydrocannabinol, which induces
preservative and solvent for pharmaceutical relaxation and heightens the senses. The
preparations like elixirs, spirits and tincture. Cannabis is also known as Ganja in its
herbal form. Marijuana plant was first
The Stimulants (Uppers) introduced in the Philippines by the
Americans at Pasay City in 1955
They produce effects opposite to that of 2. Lysergic Acid Diethylamide (LSD) – This
depressants. Instead of bringing about relaxation and drug is the most powerful of the
sleep, they produce increased mental alertness, psychedelics obtained from ergot, a fungus
wakefulness, reduce hunger, and provide a feeling of that attacks rye kernels. LSD is 1, 000 times
well being. Their medical users include narcolepsy – a more powerful than marijuana as supply,
condition characterized by an overwhelming desire to large enough for a trip can be taken from the
sleep. Abrupt withdrawal of the drug from the heavy glue on the flab of an envelope, from the
abuser can result in a deep and suicidal depression. paste of a postage stamp, or from the hidden
areas inside one’s clothes. LSD causes
1. Amphetamines – used medically for weight perceptual changes so that the user sees
reducing in obesity, relief of mild depression colors, shapes, or objects more intensely
and treatment than normal and may have hallucinations of
2. Cocaine – taken orally, injected or sniffed things that are not real. To him real objects
as to achieve euphoria or an intense feeling seem to change, buildings seem to be
of “highness”. crackling open, and walls pulsating. He
3. Caffeine – it is present in coffee, tea, experiences frequent bizarre hallucinations,
chocolate, cola drinks, and some wake-up loss spatial perceptions, personality
pills. diffusion and changes in values. Usually,
2. Shabu/ “poor man’s cocaine” – chemically users perceive distortion of time, colors,
known as methamphetamine. It is a central sounds and depth. They experience “scent”
nervous system stimulant and sometimes music and sounds in “colors”.
called “upper” or “speed”. It is white, 3. Peyote – Peyote is derived from the surface
colorless crystal or crystalline powder with a part of a small gray brown cactus. Peyote
bitter numbing taste. It can be taken orally, emits a nauseating odor and its user suffers
inhaled (snorted), sniffed (chasing the from nausea. This drug causes no physical
dragon) or injected. dependence and, therefore, no withdrawal
3. Nicotine – an active component in tobacco, symptoms, although in some cases
which acts as a powerful stimulant of the psychological dependence has been noted.
 4. Mescaline – It is the alkaloid hallucinogen purpose for humans but it is occasionally used
extracted from the peyote cactus and can by veterinaries as an anesthetic and sedative for
also be synthesized in the laboratory. It animals.It is popularly known as angel dust.
produces less nausea than peyote and shows
effects resembling those of LSD although
milder in nature. One to two hours after the COMMONLY ABUSED DRUGS
drug is taken in a liquid or powder form,
delusions begin to occur. Optical Drugs that are commonly abused depending on
hallucinations follow one upon another in their pharmacological effects may be classified into:
rapid succession. These are accompanied by
imperfect coordination and perception with a 1. Sedatives – drugs which reduce anxiety and
sensation of impeded motion, and a marked excitement such as barbiturates, non-barbiturates,
sense that time is still standing. Mescaline tranquilizers and alcohol.
does not cause physical dependence. 2. Stimulants – drugs which increase alertness
5. STP – It is a take-off on the motor oil and activity such as amphetamines, cocaine and caffeine.
additive. It is a chemical derivative of 3. Hallucinogens/Psychedelics – drugs which
mescaline claimed to produce more violent affect sensation, thinking, self-awareness and emotion.
and longer effects than mescaline dose. Its Changes in time and space perception, delusions (false
effects are similar to the nerve gas used in beliefs) and hallucinations) may be mild or
chemical warfare. It is less potent than LSD overwhelming, dispensing on dose and quality of the
although its effects are similar to those of drug. This includes LSD, mescaline and marijuana.
psychedelics. 4. Narcotics – drugs that relieve pain and often
6. Psilocybin – This hallucinogenic alkaloid induce sleep. The opiates, which are narcotics, include
from small Mexican mushrooms are used by opium and drugs derived from opium, such as morphine,
Mexican Indians today. These mushrooms codeine and heroin.
induced nausea, muscular relaxation, mood DRUG TESTING
changes with visions of bright colors and
shapes, and other hallucinations. These Field Test - The test describes in the following
effects may last for four to five hours and pages are designed to give investigators emergency
later may be followed by depressions, means of making on-the-spot tentative identification of
laziness, and complete loss of time and samples seized or purchased during the course of
space perceptions. investigations. Results obtained should not be regarded
7. Morning Glory Seeds – The black and as final identification since a number of such drugs are
brown seeds of the wild tropical morning marketed in combination with other chemicals from
glory that are used to produce hallucinations. which they must be separated (by laboratory methods)
The seeds are ground into flour, soaked in before true results can be attained.
cold water, then strained though a cloth and
drunk. They are sold under the names of Care of Apparatus and Reagents - Reagents
“heavenly blues”, “flying dancers’, and should be protected from excessive heat and light. Acid
“pearly gates”. The active ingredient in the reagents should be stored in glass bottles. Reagent
seed is similar to LSD although less potent. stability should be tested from time to time with drugs of
The reactions are likened to those resulting known identify. All apparatus used in making test should
from LSD. Prolonged psychosis is also one be thoroughly cleaned before reusing. Marquis test is
of its effects. used for morphine, codeine, heroin and other opium
8. Methylenedioxymethamphetamine derivatives.
(MDMA) or commonly known as
"Ecstasy", "X-TC", "Adam", "Eden When brought into contact with morphine,
Tablet", or by its any other name - refers to heroin or other opium derivatives, the reagent develops
the drug having such chemical composition, brilliant colors ranging from blue to reddish purple.
including any of its isomers or derivatives in There are some other substances, which also produce
any form; MDMA can induce euphoria, a colors with this reagent. No confusion, however, should
sense of intimacy with others, and arise once the operator is familiar with the specific
diminished anxiety. colors given by the opium alkaloids. It is therefore
2. Phencyclidine (PCP) - Considered as a menace essential that the test be observed with known samples
and highly dangerous drug because it can be before any unknown is tested.
easily synthesized, this drug has no medical
 Making the Test – In making drug tests, the THE TREATMENT AND REHABILTITATION
following are considered: APPROACH

1. Allow the reagent to drain to one end of the A. Assisting the Drug Abuser
ampul
2. Break the ampul between the fingers along the 1. Treatment - the medical service rendered to a
scored line. client for the effective management of physical and
3. Introduce a small bit of sample into the open end mental conditions related to drug abuse.
of one-half of the sample by scraping a cube or
pinch of powder held between the fingers with a Aims of treatment
sharp edge. Tap the closed end so as to shake the
sample further into the tube and thus bring it into a. To prevent death from overdose.
contact with the reagent. b. To treat complications following drug
4. After the test, the ampul should be rinsed with dependency.
water before discarding. c. To make them comfortable during the
withdrawal period.
*** DO NOT THROW AMPUL IN d. To encourage confirmed drug dependent
WASH BAIN OR SINK. clients to undergo rehabilitation and other
specialized services.
NOTE: The value of this test lies in the fact
that a positive reaction indicates the Detoxification - it is a medically supervised
presence of an opium derivative. A negative elimination of drugs from the system of any addicted
result does not rule out the possiblity of the person.
sample being a prohibited drug since
cocaine, methadone, demerol, dromoran, etc. Methods of Detoxification includes:
do not give positive results with this reagent.
A suspected sample that gives a negative 1. Cold Turkey
result should be submitted to the laboratory 2. Substitution – the use of methodex,
for examination. catapres, haemasin,
General Drug Tests dextropropoxyphene, tranquilizer,
etc.
Drugs Test Used 3. Reduction Method – using the same
Color Reaction drug to which the patient is
dependent. The process could be
Opium Marquis test gradual or rapid.
Purple/Violet 4. Acupuncture
Heroin Nitric Acid
Yellow-Green 2. Rehabilitation - the dynamic process directed
Morphine Nitric Acid towards the physical, emotional/psychological,
Red Orange vocational, social and spiritual change to prepare a
Cocaine Cobalt Thiocyanate person for the fullest life compatible with his capabilities
Blue and potentialities, and render him able to become a law
Barbiturates Dille-Kopanyi test abiding and productive member of the community
Violet without abusing drugs.
Or the Zwikker test
Blue color Duration of Rehabilitation - If the patient is found to
Amphetamines Marquis test be an opiate abuser, the treatment prescribed shall be for
Red/Orange -Brown a period of not less than six (6) months.
LSD Para Amino BenZoic
Acid(PABA) Purple Criteria of Rehabilitation
Marijuana Duquenois-Levine test or KN
Test Red Bottom layer a. The patient achieves a drug-free existence.
Shabu Symone’s test b. He becomes adjusted to his family and
Purple peers.
c. Socially integrated to the community.
 d. The client is not involved in socially deviant 2. Drug Information – it is an activity, which
behaviors. focused on the dissemination of basic facts of the causes
and effects of drug abuse with the objective of creating
B. DIAGNOSTIC GUIDELINES awareness and vigilance of the people in the community.

A definite diagnosis of dependence should only It includes the following information

be made if three or more of the following have been drive activities:
experienced or exhibited at some time during the
previous year. a. Youth-Adult Communication
- parent-youth dialogues
1. A strong desire or sense of compulsion to - family encounters
take the substance.
2. An impaired capacity to control substance- b. Info-Oriented
taking behavior in terms of its onset, Classroom/Community Activities
termination, or levels of use. - Contest in the
3. Substance used with the intention of school/community – essay, slogans,
relieving withdrawal symptoms and with posters,
awareness that this strategy is effective. cartoon, play writing.
4. A psychological withdrawal state.
5. Evidence of tolerance such that increased c. Broadcast Media: TV/Radio or
doses of the substance is required in order to Printed
achieve effects originally produced by lower - plugs, films, slides, spot
doses. (Clear examples of this are found in announcement, music
alcohol and opiate dependent individuals programming, newsletter,
who may tale daily doses of the substance comics, leaflets/brochures,
sufficient to incapacitate or kill non-tolerant magazines, other publications.
users).
6. A narrowing of the personal repertoire of 3. Alternatives – this includes a number of
patterns of substance use (e.g. tendency to ideas for stimulating meaningful involvements for the
drink alcoholic drinks in the same way on youth that can compete successfully with the demands of
weekdays and weekends and whatever the drugs and alcohol. Primarily the emphasis should be on
social constraints regarding appropriate service or constructive and productive pursuits and
drinking behavior). recreational activities that are usually community-based
7. Progressive neglect of alternative pressures such as:
or interests in favor of substance use.
8. Persisting with substance use despite clear 4. Interventions – this strategy is applied to
evidence of overtly harmful consequences. experimenters and potential drug abusers. Activities like
(Adverse consequences may be medical as peer or group counseling should be encouraged in every
with harm to the liver through excessive community. It is applied to the individual/group, which
drinking, social as in the case of loss of a job needs specific assistance and support.
through drug-related impairment of
performance, or psychological as in the case
of depressive mood states consequent to SOCIETAL ROLE IN DRUG ABUSE
periods of heavy substance use). PREVENTION

THE EDUCATIONAL APPROACHES Different sectors of society play vital roles in

preventing drug abuse. All should exert concerted efforts
1. Drug Education – learning situations during to fight the spreading tentacles of this menace.
seminar-workshops, symposiums and lecture forums,
which take up values clarification, leadership training, A. The Individual
coping skills and decision-making. It is a movement,
which utilizes humanistic techniques in both school- The primary role of the individual is to improve
based and community oriented drug abuse prevention his personality and develop traits and characteristics that
programs. would help him build-up his self-concept, thereby
making himself confident. He should develop strong
spiritual and moral values, sharpen his skills in making
decisions, and strengthen his will power. He should
improve his physical qualities as well as his mental community by devoting energies to study the child
faculties. behavior using all available scientific means and devices
in an attempt to provide each child the kind and amount
What a person can do to prevent drug abuse? of education they need.

1. Maintain good physical and mental health. The school take the responsibility of preventing
2. Use drugs properly. Most drugs are the feeling of insecurity and rejection of the child which
beneficial when used under medical advice. can contribute directly to maladjustment and to
3. Understand himself. Accept and respect criminality by setting up objectives of developing the
himself for what he is. child into a well integrated and useful, law abiding
4. Develop potentials. Engage in wholesome, citizens. The school has also the role of working closely
productive and satisfying activities. with the parents and neighborhood, and other
5. Learn to relate effectively with others. Talk community agencies and organizations to direct the child
to others regarding problems. in the most effective and constructive way.
6. Learn to cope with problems and other
stresses with out the use of drugs. D. The Church
7. Seek professional help regarding problems
that are hard to cope with. The church is also committed to fight against
8. Develop strong moral and spiritual values. drug abuse. Religion is a positive force for humanitarian
task of moral guidance of the youth. It is the social
B. The Family institution with the primary role to strengthen faith and
goodness in the community, an influence against crime
The Role of Parents and delinquency. The church influences people’s
behavior with the emphasis on morals and life’s highest
Parents are looked upon by their children as spiritual values, the worth and dignity of the individual,
models. The parents should: and respect for person’s lives and properties, and
generate the full power to oppose crime and
1. Create a warm and friendly atmosphere in delinquency. Just like the family and the school, the
the home. church is also responsible to cooperate with institutions
2. Develop effective means of communication in the community in dealing with problems of children,
with their children. delinquents and criminals as regards to the treatment and
3. Understand and accept the children for what correction of criminal behaviors.
they are and not for what they want them to
be. D. The Police
4. Listen to their children, respect for their
opinions, and guide them in making The police are one of the most powerful
decisions. occupation groups in the modern society. The prime
5. Praise their children for whatever positive mover of the criminal justice system and the number one
achievement they have accomplished no institution in the community with the broad goals of
matter how trivial this may seem. maintaining peace and order, the protection of life and
6. Take time to be with their children no matter property, and the enforcement of the laws. The police are
how busy they are. the authority having a better position to draw up special
7. Strengthen moral and spiritual values. programs against drug abuse and crime in general
because it is the very reason why the police exist. That is
C. The School to protect the society against lawless elements since they
are the best equipped to detect and identify criminals.
Next to the home, the school is the child’s next The police are the agency most interested about crime
impressive world. Here, the child moves about in a and criminals and having the most clearly defined legal
bigger social environment predominantly made up of his power authority to take action against them.
peers and teachers. As part of a broader social process
for behavior influence, it is said that the school is an E. The Government and the other Components of the
extension of the home having the strategic position to CJS
control crime and delinquency. It exercises authority
over every child as a constituent. The teachers are The government and the other components of
considered second parents having the responsibility to the criminal justice system is the organized authority that
mold the child to become productive member of the enforces the laws of the land and the most powerful in
the control of people. Respect for the government is 4. Alcohol Dependent – drinks to have good time,
influenced by the respect of the people running the excessive drinking occurs occasionally but
government. When the people see that public officers drinker may not become alcoholic.
and employees are the first ones to violate the laws, 5. Alcoholic – has lost control of his use of
people will refuse to obey them, they set a bad example alcohol. Alcohol assumes primary goal in his
for others to follow and create an atmosphere conducive life, even to the exclusion of physical health and
to crime and disrespect for the law. In this regard, the interests of family and society in general.
government itself indirectly abets the commission of
crimes. Motives for Drinking

F. The Non-Government Organizations 1. Traditional – social and religious functions.

2. Status – symbol of success and prestige.
The group of concerned individuals responsible 3. Dietary – dining incomplete without wine,
for helping the government in the pursuit of community integral part of today’s way of “gracious
development being partners of providing the common living”.
good and welfare of the people through public service. 4. Social – release tensions and inhibitions so user
When the government is inefficient and unable to can tolerate and enjoy another’s company.
provide the necessary goods and services to the people, 5. Shortcut to Adulthood – user unsure of
these non-government organizations are good helpers in maturity, drinks to prove himself.
providing the required services, thus preventing drug 6. Ritual – fosters group feeling, cocktail parties,
abuse. toasts made to brides, wishes for good health.
7. Path of least Resistance - doesn’t want to drink
G. The Mass Media but doesn’t want to abstain so goes along with
everyone else.
The media is the best institution for information
dissemination thereby giving the public the necessary
need to know, and do help shape everyday views about Alcohol Dependence
drug abuse, its control and prevention.
A person who drinks a lot can become a
dependent on alcohol. This means he can not live
SUBSTANCE ABUSE without it. If he tries to stop drinking, he will have the
shivers and shakes and feels very bad. He may also
A. ALCOHOL experience acute anxiety or fear, delirium and
hallucinations.
Alcohol is colorless, tasteless clear liquid,
which gives a burning sensation to the mouth, NICOTINE – It is the most important active
esophagus and stomach. Like many drugs, alcohol is ingredient in controlled doses. It is an extremely toxic
toxic. It can poison the human body if taken in large substance. A typical cigarette contains 1-2 mg of
amounts or in combination with other drugs. Alcohol is a nicotine. When smoked, less than 1 mg from each
depressant not stimulant. cigarette is filtered or not depending on the
characteristics of the filter, the depth and frequency of
Types of Drinkers inhalation and the length of the butt.

1. Occasional Drinker – drinks on special The Violators – The Persons of Importance

occasions or uses alcohol as a home remedy,
takes only a few drinks per year. a) The Addict or User - A “user” is one who
2. Frequent Drinker – drinks at parties and social injects, intravenously or intramuscularly, or
affairs. Intake of alcohol may be once a week or consumes, either by chewing, smoking, sniffing,
occasionally reaches three or four times per eating, swallowing, drinking, or otherwise
week, uses beverages to release inhibitions and introducing into the physiological system of the
tensions. body, any of the dangerous drugs. An “addict” is
3. Regular Drinker – may drink daily or one who habitually uses dangerous drugs.
consistently on weekends, usually comes from
cultural background where wine or beer is used 1. Determine his history.
with meals to enhance the flavor of the food. 2. Has he just used or administered the drug?
Get urine and, if possible, blood samples for
 analysis within 24 hours after
administration.
3. Is he in possession of the drug? THREAPEUTICS -Use of drugs in treating and
4. Determine the reason for possession. Is it for preventing disease and in preserving health.
sale or for own consumption?
DRUG ABUSE -Deliberate or unintentional continuous
5. If possession is for reason other than
personal use, he must be accordingly of mind changing chemical substances usually for
charged under RA 6425. reasons other than legitimate medical purposes, that
6. Is he suffering from the signs and symptoms results in any degree of physical, mental.
of drug abuse? This will guide the
ABSTINENCE - Cessation of use of a psycho-active
investigator to determine whether the
substance previously abused, or on which the user
violator is an addict or not.
developed drug dependence.
b) The Pusher - “Pusher” refers to any person DRUG ABUSE
who sells, administers, delivers, or gives away to
another, on any terms whatsoever, or distributes  Is the overuse or consumption of drugs other
or dispatches in transit or transport any than for medical reasons.
dangerous drug or who acts as a broker in any  Any non-medical use of drugs that cause
such transaction. physical, psychological, legal, economic, or
social damage to the user or to the people
1. Ordinarily, he is an addict himself. affected by the user’s behavior.
2. If not an addict, determine the reason for his  Using drugs without prescription.
possession of the drug. Is it for sale, for  Abuse of drugs and other substances can lead to
giving away, etc.? physical and psychological dependence.
3. If he is selling, determine his clientele. Get POLY DRUG ABUSE - Use of two or more psycho-
their names and other personal active substance in quantities and with frequencies that
circumstance. cause the individual significant physiological,
4. Determine, if possible, his source of supply, psychological, or sociological distress or impairment.
their names, addresses, etc.
5. Determine the number of times that he had REHABILITATION - Restoration of an optimum state
been arrested and charged for the same of health by medical, physical, psychological, social and
offense. peer group support for a chemically dependent person
6. If he is a recidivist, state so in the complaint and his significant others.
or information to be filed.
DRUG ADDICT - Person who is physically dependent
c. The Narcotic Evidence on one or more psycho-active substances, or whose long
term use has produce tolerance, who has lost control
These include opium and its active components over his intake, and would manifest withdrawal
and derivatives, the coca leaf and beta eucaine, and the symptoms if discontinuance were to occur.
hallucinogenic drugs. It includes all preparations made
from any of the foregoing and other drugs and chemical DRUG ADDICTION - A chronic disorder characterized
preparations; whether natural or synthetics, with the by the compulsive use of a substance resulting in
physiological effects of a narcotic or a hallucinogenic physical, psychological, or social harm to the user and
drug. continued use despite of that harm.

The Volatile Substances – also called the OVERDOSE - The inadvertent of deliberate
Inhalants, Solvents or Deliriants. This are chemicals consumption of much larger doses that the habitually
which when sniffed can produce intoxication effects used by the individual in question and resulting in
such as gasoline, kerosene, thinner, paint, etc. The most serious toxic reaction or death.
popular among them is the solvent rugby. These
chemical substances are significant in narcotic TOLERANCE - Physiological adaptation to the
investigation because of their intoxicating symptoms that effects of drugs so as diminish the effects with constant
do not produce alcoholic breath. dosages or to maintain the intensity and duration of
effects through increased dosage.
IMPORTANT TERMS TREATMENT -Application of planned procedures to
identify and change patterns of behavior that are mal-
adoptive, destructive, health injuring or to restore dispatches in transit or transports dangerous drugs or
appropriate levels of physical, psychological or social who acts as a broker.
functioning.
USE - Any act of injecting, intravenously or
CLANDESTINE LABORATORY-Any facility used intramuscularly, of consuming any dangerous drugs.
for the illegal manufacture of any dangerous drug.
CONFINEMENT- Refers to the residential treatment
CULTIVATE OR CULTURE - Any act of knowingly and rehabilitation of trainees, clients and patients in a
planting, growing, raising, or permitting the planting, center.
growing or raising of any plant which is source of a
CONFIRMATORY TEST- An analytical test using a
dangerous drug.
device, tool or equipment with different chemical or
ADMINISTER - Any act of introducing any physical principle that is more specific which will
dangerous drug into the body of any person, with or validate and confirm the result of the screening test.
without his/her knowledge, by injection, inhalation,
ingestion or other means.
CONTROLLED DELIVERY -The investigative
CHEMICAL DIVERSION - Sale, distribution, supply
technique of allowing an unlawful consignment of any
or transport of legitimately imported, in transit,
dangerous drug, essential chemical to pass into, through
manufactured or procured controlled precursors and
out of the country under the supervision of an authorized
essential chemicals.
officer, with a view to gathering evidence to identify any
DELIVER - Any act of knowingly passing a dangerous person involved in any dangerous drug related offense.
drug to another, personally or otherwise, and by any
DISPENSE - Any act of giving away, selling or
means, with or without consideration.
distributing medicine or any dangerous drug with or
DEN, DIVE, RESORT- Place where any without the use of prescription.
dangerous drug and essential chemical is administered,
DRUG DEPENDENT -Refers to a person suffering
delivered, stored for illegal purposes.
from drug dependence.
DRUG SYNDICATE - Any organized group of two or
FINANCIER - Any person who pays for, raises or
more persons forming or joining together with the
supplies money for, or underwrites any of the illegal
intention of committing any offense prescribed in RA
activities prescribed under RA 9165.
9165.
INSTRUMENT - Anything that is used or intended to
PRACTITIONER - Any person who is a licensed
be used, in any manner, in the commission of illegal
physician, dentist, chemist, medical technologist, nurse,
drug trafficking or related offenses.
midwife, veterinarian or pharmacist in the Philippines.
LABORATORY - Refers to the facility of a private or
ILLEGAL TRAFFICKING - Illegal cultivation,
government agency that is capable of testing a specimen
culture, delivery, administration, dispensation,
to determine the presence of dangerous drugs
manufacture, sale trading, transportation, distribution,
importation, exportation and possession of any PROTECTOR/CODDLER- Any person who
dangerous drugs. knowingly and willfully consents to the unlawful acts
provided in RA 9165 and uses his/her influence, power
PLANTING OF EVIDENCE - Willful act by any
or position in shielding, harboring, screening or
person of maliciously and surreptitiously inserting,
facilitating the escape of any person he/she knows or has
placing, adding or attaching directly or indirectly,
reasonable grounds to believe on or suspects, has
through any overt or covert act any dangerous drugs in
violated the provisions of RA 9165 in order to prevent
the person, house, effects or in the immediate vicinity of
the arrest, prosecution and conviction of the violator.
an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of RA 9165.
SCREENING TEST- A rapid test performed to
PUSHER - Any person who sells, trades, administers, establish potential/presumptive positive result.
dispense, delivers or gives away to another, distributes,
TRADING- Transactions involving the illegal  Creation of Task Forces: The Office of the
trafficking of dangerous drugs and/or controlled President, the PNP, and other agencies which
precursors and essential chemicals using electronic were performing drug law enforcement and
devices, or acting as a broker in any such transactions prevention function prior to the enactment of RA
whether for money or any other consideration. 9165 shall organize anti-drug forces to support
the PDEA.

DRUG DEPENDENCE EXECUTIVE ORDER NO. 218 - The PDEA shall

exercise operational supervision and provide
 Term relates to physical or psychological technical support to the main task force created by the
dependence or both.
PNP.
 Impaired control over drug-taking behavior is
implied.
 Means a state of psychological or physical
dependence or both on dangerous drugs, arising PHILIPPINE DRUG ENFORCEMENT
in a person following the use of drugs on a
periodic or continuous basis. AGENCY (PDEA)
 Serves as the implementing arm of the
A drug dependent can be defined by three basic Dangerous Drug Board (DDB).
 Responsible for the efficient and effective law
characteristics:
enforcement of all the provisions on any
1. Users continue to take the drug over an extended dangerous drug and/or controlled precursor and
period of time; essential chemical as provided in RA 9165.
 Headed by Director General with the rank of
2. Users find it difficult to stop from using the drug; Undersecretary, appointed by the President.
 The head of the PDEA is assisted by 2 deputies
3. Users experience painful physical and mental distress, Director General, with the rank of Assistant
called the withdrawal symptom. Secretary, 1 for Operations and 1 for
Administration, also appointed by the
President.
LAWS RELATED TO DRUGS
POWER AND DUTIES OF PDEA

On March 30, 1972, Republic Act 6425  To cause the efficient and effective
otherwise known as the ‘Dangerous Drug Act of 1972” implementation of the national drug control
was approved. strategy formulated by the Dangerous Drugs
Board;
This law created the Dangerous Drug Board as  Undertake the enforcement of the provisions of
the policy-making and regulatory body on prevention Article II of RA 9165 relative to the unlawful
and control of drug abuse. RA 6425 serves as the acts and penalties involving any dangerous
backbone of the Philippine drug enforcement system. drugs and/or controlled precursor and essential
chemicals;
January 3, 1973, President Ferdinand E. Marcos  Administer oath and issue subpoena and
ordered the immediate execution of Chinese national subpoena duces tecum relative to the conduct
Lim Seng alias Gan Sou So, top heroin trafficker in the of investigation involving the violations of RA
Philippines, by firing squad at the Fort Bonifacio 9165;
grounds.  Arrest and apprehend as well as search all
violators and seize or confiscate the effects or
- The execution was aired live in television. proceeds of the crimes as provided by law;
 Take charge and have custody of all dangerous
EXECUTIVE ORDER NO. 218“Strengthening the drugs and/or controlled precursors and essential
support mechanism for the Philippine Drug chemicals seized, confiscated or surrendered to
Enforcement Agency” any national, provincial or local law
enforcement agency;
 issued on June 18, 2003 by President Gloria
Macapagal Arroyo.
 Establish a forensic laboratory in each PNP  Submit annual and periodic reports to the DDB
office in every province and city in order to from time to time and perform such other
facilitate action on seized or confiscated drugs, functions as may be authorized of required under
thereby hastening their destruction without existing laws and as directed by the President.
delay;
 Recommend to the DOJ the forfeiture of
properties and other assets of persons and/or DANGEROUS DRUG BOARD (DDB)
corporations found to be violating the provisions  Created by virtue of Republic Act 6425
of RA 9165 and in accordance with the pertinent otherwise known as Dangerous Drug Act of
provisions of the Anti-Money Laundering Act of 1972 subsequently repealed by RA 9165.
2001;  the policy-making & strategy-formulating body
 Prepare for prosecution or cause the filing of in the planning & formulation of policies &
appropriate criminal and civil cases for violation programs on drug prevention & control.
of all laws n dangerous drugs, controlled  It shall develop and adopt a comprehensive,
precursors and essential chemicals, and other integrated, unified and balanced national drug
similar controlled substances; abuse prevention and control strategy.
 Monitor, and if warranted by circumstances, in  DDB composed of 17 members wherein 3 of
coordination with the Philippine Postal Office which are permanent members, the other 12
and the Bureau of Customs, inspect all air cargo members are ex- officio capacity and 2 regular
packages, parcels and mails in the central post members.
office;
 Conduct eradication programs to destroy wild or
illegally grown plants from which dangerous THREE (3) PERMANENT MEMBERS(DDB)
drugs may be extracted;
 Initiate and undertake the formation of a  At least 7 years of training and experience in the
nationwide organization which shall coordinate field of the ff: fields in law, medicine,
and supervise all activities against drug abuse in criminology, psychology or social work.
every province, city, municipality and barangay;  Appointed by the president.
 Establish and maintain a national drug  One designated as the Chairman with the rank of
intelligence system in cooperation with law Secretary (with the term of 6 years) and the two
enforcement agencies, other government other regular members as undersecretary (one
agencies/offices and local government units that with 4 years term and the other 2 years but
will assist in the apprehension of big-time drug succeeding appointment will serve six years and
lords; until their successors shall have been duly
 Establish and maintain close coordination, appointed and qualified.
operation and linkages with international drug
control and administration agencies and
TWELVE (12) EX- OFFICIO MEMBERS(DDB)
organizations;
 Create and maintain an efficient special Secretary or representative of the following Department:
enforcement unit to conduct an investigation,
file charges and transmit evidence to the proper  DOJ, DOH, DND, DOF, DOLE, DILG, DSWD,
court; DFA, DepEd,
 Require all government and private hospitals,  Chairman CHED, NYC
clinics, doctors, dentists and other practitioners  Director General - PDEA
to submit a report to it;
 Coordinate with the DDB for the facilitation of
the issuance of necessary guidelines, rules and TWO (2) REGULAR MEMBERS(DDB)
regulations for the proper implementation of RA  President of Integrated Bar of the Philippines
9165; (IBP).
 Initiate and undertake a national campaign for  Chairman or President of a non- government
drug prevention and control programs, where it organization involved in dangerous drug
may enlist the assistance of any department, campaign to be appointed by the President.
bureau, office, agency or instrumentality of the
government, including government-owned
and/or controlled corporations; and The Director of NBI and Chief, PNP are the
permanent consultant of the DDB.
 Foreign Affairs with the following agencies as
members:
DRUG MULES or “DRUG COURIERS” 1.Bureau of Customs
 are individuals who transport dangerous drugs in 2. Bureau of Immigration
exchange for a huge amount of money,
depending on the amount of drugs to be 3.Commission on Higher Education
delivered and the route/distance to be traveled.
 Women are usually targeted by syndicates since 4. Department of Justice
they generally generate mild suspicion from 5. Department of Labor and
authorities and the female body has more
Employment
cavities possible to insert the drugs in, therefore
posing less detection risk. 6. Manila International Airport
Authority
Methods of Concealment 7. National Bureau of Investigation
1. Hidden in luggage/suitcases; 8. Philippine Information Agency
2. Ingestion/Swallowing; 9. Philippine National Police – Aviation
3. Placed in shoes; Security Group

4. Placed in bottom part of luggage; 10. Tourism Infrastructure and

Enterprise Zone Authority (formerly
5. Placed inside handbag; Philippine Tourism Authority)
6. Others- Undergoing minor operation, placing in 11. Office of the President thru the
shoeboxes/ books/bottles/parcels, etc. Office of the Executive Secretary

Factors contributing to the drug courier problem REPUBLIC ACT 9165

1.Filipinos are usually enticed by the offer because of the Some Pertinent Provisions of Comprehensive
syndicates’ promise of love/marriage, as have been Dangerous Drug Act of 2002
recorded in several arrests involving Filipina drug
couriers. Others are lured by the opportunity to travel UNLAWFUL ACTS AND PENALTIES UNDER RA
and the promise of a comfortable life while others want a 9165
high-paying job and easy money.
2.The drug courier problem can also be attributed to the NOTE:
(1) The prevalence of poverty, (2) Poor educational
background, (3) Easy money, (4) Unemployment and 95) Republic Act No. 9346 - Approved on June
the idea of traveling 24, 2006
“AN ACT PROHIBITING THE
IMPOSITION OF DEATH PENALTY IN THE
The Task Force Drug Couriers PHILIPPINES”
 The Task Force Drug Couriers (TFDC) was (R.A. No. 8177), otherwise known as the Act
created on February 08, 2010 by virtue of Designating Death by Lethal Injection is hereby
Administrative Order No. 279. It is an inter-
repealed.
agency team tasked in the deterrence, prevention
and protection of Filipinos from being (R.A. No. 7659), otherwise known as the Death
victimized as drug couriers by international drug Penalty Law, is hereby repealed or amended accordingly.
trafficking syndicates.
 The Task Force is composed of 13 agencies,
chaired by the Philippine Drug Enforcement
Agency and co-chaired by the Department of
PENALTY: Life Imprisonment and fine of Five 50 grams or more of shabu;
Hundred Thousand pesos (P500,000.00) to Ten
500 grams or more of marijuana
Million Pesos (P10,000,000.00).
PENALTY:Life Imprisonment and fine of Four
>Section 4. Importation of Dangerous Drugs.
Hundred Thousand Pesos (P400,000.00) to Five
>Section5. Sale, Trading, Administration, Dispensation, Hundred Thousand Pesos (P500,000.00).
Delivery, Distribution and Transportation of Dangerous
If the quantity of shabu is ten (10) grams or
Drugs.
more but less 50 grams
>Section 6. Maintenance of a Den, Dive or Resort
involving dangerous drugs.
PENALTY: Imprisonment of 20 years and 1 day to
>Section 8. Manufacture of Dangerous drugs
life imprisonment and fine ranging from Php
Note: 400,000.00 to Php 500,000.00
- The presence of any controlled precursor and >If 5 grams or more but less than 10 grams of any
essential chemical or laboratory equipment in the Dangerous Drugs
clandestine laboratory is a prima facie proof of
>300 grams or more of marijuana but less than 500
manufacture of any dangerous drug.
grams
Dangerous drugs - drugs that are manufactured
PENALTY: Imprisonment of 12 years and 1 day to 20
by gathering various substances to make the drug
years and fine ranging from Php300,000.00 to Php
desired. (Methamphetamine, cocaine, rock/crack
400,000.00
cocaine, heroin). These drugs are not normally produced
for medical reasons, they are made to get someone >If the quantity of dangerous drugs are less than 5
"high.“ grams.
Precursor chemicals - are chemicals that are >If the quantity of Marijuana is less than 300 grams.
essential to the production of a controlled substance.
Precursor chemicals have a wide legitimate use in the PENALTY: Imprisonment of 12 years and 1 day to 20
production of consumer goods such as pharmaceuticals, years and fine ranging from
fragrances, flavouring agents, petroleum products, Php 100,000.00 to Php 500,000.00
fertilizers and paints. For example, ephedrine and >Importation of any Controlled precursor and essential
pseudoephedrine, commonly used in cold and chemicals.
decongestant medicine, are precursor chemicals that are
used to produce methamphetamine. >“Protector/coddler" of importation of any controlled
precursor and essential chemicals.
PENALTY: Life Imprisonment and fine of Five
Hundred Thousand pesos (P500,000.00) to Ten >Maintenance of den, dive, or resort where any
Million Pesos (P10,000,000.00). controlled precursor and essential chemical is used or
sold in any form.
>Sec 16. Cultivation of plants classified as source of
dangerous drugs. PENALTY: Imprisonment of 12 years and 1 day to 20
years and fine ranging from
>Sec. 19. Unlawful Prescription of Dangerous Drugs.- Php 100,000.00 to Php 500,000.00
PENALTY: Life Imprisonment and fine of Five Section 7 Employees and Visitors of a Den, Dive or
Hundred Thousand pesos (P500,000.00) to Ten Resort
Million Pesos (P10,000,000.00).
(a) Any employee of a den, dive or resort, who is aware
Sec 11. Possession of Dangerous Drugs, regardless of of the nature of the place as such; and
purity:
(b) Any person who, not being included in the provisions
10 grams or more of opium, morphine, heroin, of the next preceding, paragraph, is aware of the nature
cocaine or cocaine hydrochloride, marijuana resin of the place as such and shall knowingly visit the same.
or oil, and other dangerous drugs,
Section 8. Manufacture any controlled precursor and the same in the presence of the accused or the person/s
essential chemical. from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative
PENALTY: Imprisonment of 12 years and 1 day to 20
from the media and the Department of Justice (DOJ),
years and fine ranging from
and any elected public official who shall be required to
Php 100,000.00 to Php 500,000.00
sign the copies of the inventory and be given a copy
Section 16. Protector/Coddler of provision of Section 16 thereof;
(Cultivation of plants classified as source of dangerous
- Within twenty-four (24) hours upon
drugs).
confiscation/seizure of dangerous drugs, plant sources of
Section 18. Unnecessary prescription of Dangerous dangerous drugs, controlled precursors and essential
drugs. chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the
>>>>>>additional penalty of the revocation of PDEA Forensic Laboratory for a qualitative and
his/her license to practice shall be imposed upon the quantitative examination;
practitioner.
- A certification of the forensic laboratory examination
Sec 15. Use of Dangerous Drugs results, which shall be done under oath by the forensic
Penalty laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject item/s.
- A person apprehended or arrested, who is found
to be positive for use of any dangerous drug, after a - That a final certification shall be issued on the
confirmatory test, shall be imposed a penalty of a completed forensic laboratory examination on the same
minimum of six (6) months but not exceeds one year within the next twenty-four (24) hours
rehabilitation in a government center for the first  After the filing of the criminal case, the Court
offense. shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized
- If apprehended using any dangerous drug for the
and/or surrendered dangerous drugs, and
second time, he/she shall suffer the penalty of controlled precursors and essential chemicals,
imprisonment ranging from six (6) years and one (1) day including the instruments/paraphernalia and/or
to twelve (12) years and a fine ranging from Fifty laboratory equipment, and through the PDEA
thousand pesos (P50,000.00) to Two hundred thousand shall:
pesos (P200,000.00): Provided, That this Section shall  within twenty-four (24) hours thereafter
not be applicable where the person tested is also found to proceed with the destruction or burning of the
have in his/her possession such quantity of any same, in the presence of the accused or the
dangerous drug provided for under Section 11 of this person/s from whom such items were
Act, in which case the provisions stated therein shall confiscated and/or seized, or his/her
apply. representative or counsel, a representative from
the media and the DOJ, civil society groups and
Section 21. Custody and Disposition of Confiscated, any elected public official
Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors
Section 23. Plea-Bargaining Provision.
and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment – Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed
The PDEA shall take charge and have custody of
to avail of the provision on plea-bargaining .
all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as Section 28 – Criminal Liability of Government
instruments/paraphernalia and/or laboratory equipment Officials and Employees.
so confiscated, seized and/or surrendered, for proper
disposition in the following manner: - The maximum penalties of the unlawful acts provided
in the Act shall be imposed, in addition to absolute
The apprehending team having initial custody perpetual disqualification from any public office, if those
and control of the drugs shall, immediately after seizure found guilty of such unlawful acts are government
and confiscation, physically inventory and photograph officials and employees.
Section 29. Criminal Liability for Planting of
Evidence
The following shall undergo random drug
– Any person who is found guilty of "planting" any testing:
dangerous drug and/or controlled precursor and essential
1.students of secondary and tertiary schools;
chemical, regardless of quantity and purity, shall suffer
the maximum penalty. 2. officers and employees of public & private offices.

Program for Treatment and Rehabilitation of Drug

Dependents Components of the Anti-Drug Strategy

- A drug dependent or any person who violates Section Drug Supply Reduction
15 of this Act may, by himself/herself or through his/her Take away drugs from the public through market denial
parent, spouse, guardian or relative within the fourth operations and prevention of diversion from the licit to
degree of consanguinity or affinity, apply to the Board or illicit market; and reduce the proliferation of illegal
for treatment and rehabilitation of the drug dependency. drugs through sustainable alternative development
The Board shall bring forth the matter to the Court programs.
which shall order that the applicant be examined for drug
dependency. Drug Demand Reduction

If the examination by a DOH-accredited Take people away from the lure of drug abuse through
physician results in the issuance of a certification that the policy formulation, preventive education, research,
applicant is a drug dependent, he/she shall be ordered by treatment, rehabilitation and reintegration; provision of
the Court to undergo treatment and rehabilitation in a alternative development programs and forging
Center designated by the Board for a period of not less cooperation with regional and international agencies and
than six (6) months counterparts.
Harm Reduction

Temporary Release From the Center; After-Care and Harm reduction is an evidence-based approach that is
Follow-Up Treatment Under the Voluntary critical to engaging with people who use drugs and
Submission Program. equipping them with life-saving tools and information to
create positive change in their lives and potentially save
- Upon certification of the Center that the drug their lives.
dependent within the voluntary submission program may
be temporarily released, the Court shall order his/her
release on condition that said drug dependent shall report
to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding Republic Act 10586, known as the “Anti-Drunk and
eighteen (18) months under such terms and conditions Drugged Driving Act of 2013″ enacted on May 27,
that the Court may impose. 2013.
Dangerous Drug Test Requirements
The following shall undergo mandatory drug SEC. 7. Mandatory Alcohol and Chemical
testing: Testing of Drivers Involved in Motor Vehicular
Accidents. – A driver of a motor vehicle involved in a
1. applicants for drivers license
vehicular accident resulting in the loss of human life or
2. applicants for Firearms license & PTCFOR physical injuries shall be subjected to chemical tests,
including a drug screening test and, if necessary, a drug
3. members of the PNP, AFP, & other LEA confirmatory test
4. All person charged with criminal offense with penalty
of not less than 6 years.
SEC. 19. Repealing Clause.
5. All candidates for public office national/ local
……………………………………subparagraph (a), 1) Drug addiction
Section 36 of Republic Act No. 9165; and all other laws,
2) Alcoholism
orders, issuances, circulars, rules and regulations or parts
thereof which are inconsistent with any provision of this 3) Prostitution
Act are hereby repealed or modified accordingly.
4) Gambling
Section 36 of RA 9165 -Authorized Drug Testing.
(a) Applicants for driver's license. – No driver's license
shall be issued or renewed to any person unless he/she ALCOHOLISM
presents a certification that he/she has undergone a Is the state or condition of a person produced by
mandatory drug test and indicating thereon that he/she is drinking intoxicating liquors excessively and with
free from the use of dangerous drugs; habitual frequency. ( State vs. Savage, 89 Ala. LBA 426,
7 South, Rep. 183).

Responsibility and liability of law enforcement

agencies in testifying as Prosecution Witness in It is a condition wherein a person is under the
Dangerous Drug Cases influence or intoxicated with alcohol. His physical
- Penalty- 12 years and 1 day to 20 years and a fine of condition and behavior has been modified to a certain
not less than Php 500,000.00 in addition to the extent by the effects of alcohol.
administrative liability.
- For any members of law enforcement agency who,
ALCOHOLISM – which is also known as “Alcohol
after due notice, fails or refuses intentionally or
Dependence Syndrome” is a disease characterized by the
negligently to appear as a witness for prosecution.
following:
a)Craving – strong need or compulsion to drink
Section 92. Delay and Bungling in the Prosecution of
b)Loss of Control – frequent inability to stop drinking
Drug Cases.
once a person has begun to drink.
– Any government officer or employee tasked with the
c)Physical Dependence – The occurrence of withdrawal
prosecution of drug-related cases under this act, who,
symptoms, such as shakiness and anxiety when alcohol
through patent laxity, inexcusable neglect, unreasonable
use is stopped.
delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the
penalty of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years without prejudice to ALCOHOL
his/her prosecution under the pertinent provisions of the Generally describes a specific chemical
Revised Penal Code. compound, ethyl alcohol.
Ethyl Alcohol is a thin, clear, colorless fluid with
Non-applicability of the Probation Law for a mild aromatic odor and pungent taste.
Drug Traffickers and Pushers. – cannot avail of the
privilege granted by Probation Law (PD 968, as
amended). Ethyl alcohol is derived from certain grains and
fruits by Fermentation. In this natural chemical process,
VICES yeast cells act on the sugar content of the grain or fruit
Vice – is any immoral conduct or habit, the indulgence juice and convert the sugar to carbon dioxide and
of which leads to depravity, wickedness and alcohol.
corruption of the minds and the body.

ALCOHOLIC LIQUOR
Different Forms of Vices:
 -Any beverages or compound, whether distilled, - In the Philippines, drunkenness in itself is not a crime
fermented, or otherwise, which will produce intoxication because a person may drink to excess in the privacy of
or which contains in excess of one percent of alcohol his home or in the party and commit no crime at all.
and used as a beverage.
- It is only when a drunken person exhibits his condition
publicly, or disturbs, endangers, or injured others, that he
became an offender and therefore, subject to arrest and
ALCOHOLIC
punishment.
A person who has experienced physical,
- Before and during elections, it is unlawful to sell or
psychological, social or occupational impairment as
drink intoxicating liquor, as provided in the election law.
consequence of habitual, excessive consumption of
alcohol. - Under RA 4136, as amended, driving under the
influence of liquor is prohibited.

DRUNKARD
KINDS OF INTOXICATION
A person who habitually takes or use any
intoxicating alcohol liquor and while under the influence 1. Involuntary – when a drunken person does not know
of such, or in consequence of the effect thereof, is either the intoxicating strength of the beverage he has taken.
dangerous to himself or to others.
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.
ALCOHOLIC DEPENDENCE
3. Habitual – when the person finds that drinking is a
- A chronic lost of control over the consumption
constant necessary and the vice ultimately takes to hold
of alcoholic beverages despite obvious psychological or
of him.
physical harm to the person. Increasing amount are
required overtime and abrupt discontinuance may
precipitate a withdrawal symptoms.
VARIOUS DEGREE OF INTOXICATION
1. Slight Inebriation – there is a reddening of the face.
ALCOHOL ABUSE There is no sign of mental impairment, in coordination
and difficulty of speech.
Use of ethyl alcohol or liquor in a quantity and
with a frequency that causes the individual significant 2. Moderate Inebriation – the person is argumentative
physiological, psychological, or sociological distress or and overconfident. There is slight impairment of mental
impairment. difficulties, difficulty of articulation, loss of coordination
of finer movements. The face is flushed with digested
eyeball.
SOME PROBLEMS ARISING FROM
3. Drunk – the mind is confused, behavior is irregular
ALCOHOLISM
and the movement is uncontrolled. The speech is thick
a) Loss of employment which can lead to financial and uncoordinated. The behavior is uncontrollable.
problems;
4. Very Drunk – the mind is confused and disoriented.
b) Marital Conflict and contribute to domestic violence; There is difficulty in speech and marked motor un-
coordination and often walking is impossible.
c) Drinking at inappropriate times and behavior can lead
to legal consequences, such as public disorder (Alarm 5. Coma – the subject is stuporous or in comatose
and Scandal). condition. Sometimes it is difficult to differentiate this
condition with other conditions having coma.
Alcohol has its maximum period of absorption from 30
DRUNKNESS AS A CRIME to 60 minutes after ingestion and it is absorbed in the
stomach and in the intestines.
 Technically, if alcohol is only inside the stomach PHILANDER
and intestine and not yet absorbed, it is practically
- Is a serial cheater who betrays his spouse or long term
outside of the body because it cannot produce its
partner repeatedly;
physiologic and neurological effects.
- The term usually refers to men (obviously, women have
also been known to carry on affairs).
Under Article 15 of the Revised Penal Code,
intoxication is considered as an Alternative
Circumstances. PIMP – One who provides gratification for the lust of
others. A male procurer of clients for a prostitute.
- It is considered a mitigating circumstance
when the offender has committed a felony in a state of
intoxication, if the same is not habitual.
CALL GIRLS – These are the part time prostitutes.
- It is considered an aggravating circumstance, They have their own legitimate work or profession. They
when the intoxication is habitual or intentional. receive telephone call from a selected group of
customers and make arrangements to meet them at a
designated place.
THE THREE METHODS OF THERAPHY
HUSTLER – Is the professional type of prostitutes. She
(TREATMENT) ON ALCOHOLISM
maybe a bar or tavern “pick-up or a street walker” The
1.Aversion Treatment – used of certain medicine that street walker is the oldest and the most common type of
would give an adverse taste with alcoholic beverage. prostitute.
2.Psychotheraphy method – making the person DOOR KNOCKER – This is the occasional or
understand the cause of his alcoholism through selective type of prostitute. Oftentimes they are
counseling. motivated by extreme desire for money due to poverty or
supporting their own vices. She frequent hotels and
3. Program of Alcoholics Anonymous – treatment
furnished fun houses. She caters the affluent male
through socialization/peer gathering with co –
members of the business world.
alcoholics.
FACTORY GIRLS – Are the real professional type of
prostitutes. She works in regular houses of prostitution.
PROSTITUTION She accepts all comers and has nothing to do with the
selecting and soliciting customers. She works in regular
- act or practice of providing sexual services to another hours or tour of duty under the direct supervision of the
person in return for payment. madam or operator of the prostitution house.
-is the exchange of money for the performance of sexual VAGRANTS AND PROSTITUTES (under RPC)
act.
- Any person having no apparent means of
PROSTITUTE subsistence, who has the physical ability to work and
-Customarily used, to refer to a female person who who neglects to apply himself or herself to some lawful
engages in sex in exchange for money as profession. calling.

PHILANDERING - Any person found loitering about public or semi-

public building or places, or tramping or wandering
- Is having casual/illicit sex with a number of people. about the country or to the streets without visible means
of support.
- It usually refers to men, and often in the context of
cheating on a wife or girlfriend. - Any idle or dissolute person who lodges in
houses of ill-fame, ruffians or pimps and those who
TO PHILANDER
habitually associate with prostitutes.
-Is to carry on romantic and/or sexual affairs outside a
committed relationship
PROSTITUTES – women, who for money or profit, child exploited in prostitution and who derived profit
habitually indulge in sexual intercourse or lascivious on advantage therefrom, whether as a manager or owner
conduct. of the establishment.
- penalty of reclusion temporal in its medium
period to reclusion perpetua
Republic Act No. 10158
signed last March 27, 2012, amended Article
202 of the Revised Penal Code removing vagrancy from GAMBLING
the country's list of crimes amid concerns it only targets
the poor and the disadvantaged. - Wagering of money or something of material
value on an event with an uncertain outcome with the
Although the poor or homeless people can no primary intent of winning additional money and/or
longer be hauled to jail for vagrancy, the new law material goods.
continued to penalize women engaged in prostitution.

ILLEGAL NUMBERS GAME

Cont. Republic Act No. 10158
- Any form of illegal gambling activity which
RA 10158, defined prostitutes as "women who uses numbers or combination as factors in giving out
for money or profit, habitually indulge in sexual jackpots.
intercourse or lascivious conduct."
A person found guilty of prostitution is punished
by imprisoned from one to 30 days or a fine not JUETENG
exceeding P200. - Illegal numbers game that involves the
combination of numbers as a form of local lottery where
bets are placed and accepted per combination .
Cont. Republic Act No. 10158
- In case of recidivism, they are punished by
arresto mayor in its medium period (imprisonment from MASIAO
two months to four months) to prison correccional in its - Illegal numbers game where the winning
minimum period (imprisonment from six years to two combination is derived from the results of the last game
years and four months) or a fine ranging from P200 to of Jai Alai or the Special Llave portion
P2,000, or both, depending on the court.
- With the enactment of the law, all pending
vagrancy cases meantime shall be dismissed and all LAST TWO
persons serving sentence for violating the vagrancy law - Illegal numbers game where the winning
shall immediately be released. combination is derived from the last two numbers of the
first prize of the winning Sweepstakes ticket.

RELATED LAWS ON THE PROTECTION OF

WOMEN AND CHILDREN. BETTOR (Mananaya)
RA 7610, as amended, (Special Protection of - Any person, who places bets for himself/herself
children against child abuse, exploitation and or in behalf of another person, other than the personnel
discrimination Act) or staff of any illegal numbers game operation.

- Penalize those who engage in or promote, COLLECTOR or AGENT (Cabo, Cobrador)

facilitate or induce child prostitution, who commit the
act of sexual intercourse or lascivious conduct with a
- Any person who collects, solicits or produces - The penalty of prision correccional in its maximum
bets in behalf of his/her principal for any illegal numbers degree shall be imposed upon the maintainer, conductor,
game who is usually in possession of gambling or banker in a game of jueteng or any similar game.
paraphernalia

RELATED LAWS ON GAMBLING

MAINTAINER, MANAGER OR OPERATOR
- Article 196 (RPC). Penalizing any person who
- Any person who maintains, manages, or operates any shall import into the Philippine Islands from any
illegal number game in a specific area. foreign place or port any lottery ticket or
advertisement, or in connivance with the importer, shall
sell or distribute the same.
FINANCIERS OR CAPITALIST
-The penalty of arresto mayor in its maximum
- Any person who finances the operations of any period to prision correccional in its minimum period or a
illegal numbers game. fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court
PROTECTOR OR CODDLER
- Any person who lends or provides protection, or
receives benefits in any manner in the operation of any Article 197 (RPC). Betting in sports Contest –
illegal numbers game. Penalizing any person who shall bet money or any object
or article of value or representative of value upon the
result of any boxing or other sports contest.
REQUISITES/ELEMENTS OF THE CRIME OF - The penalty of arresto menor or a fine not
GAMBLING exceeding 200 pesos, or both,
1. That money or other consideration of value is
at stake;
Article 198 (RPC). Illegal betting on horse
races
2. That the result of the games depends wholly – Penalizing any person who, except during the periods
or chiefly upon the chance. allowed by law, shall bet on horse races.
- The penalty of arresto menor or a fine not exceeding
200 pesos, or both,
RELATED LAWS ON GAMBLING
- Article 195 of RPC. Acts punishable in gambling –
any person directly or indirectly take part in any game of Article 199 (RPC). Illegal cockfighting –
Monte, jueteng, other form of lottery, policy, banking
or percentage game, dog races or any other game the Penalizing any person who directly or indirectly
result of which depends wholly upon a chance wherein participates in cockfights, at a place other than a licensed
wagers consisting of money, articles of value, or cockpit.
representative of value are made. - The penalty of arresto menor or a fine not exceeding
200 pesos, or both, in the discretion of the court

RELATED LAWS ON GAMBLING

- Article 195 of RPC. (Penalty) RA 3063 – Approved June 17, 1961

- The penalty of arresto mayor or a fine not authorizing licensed race tracks and racing clubs
exceeding two hundred pesos, and, in case of recidivism, and their authorized agent to offer, take or arrange bets
the penalty of arresto mayor or a fine ranging from two outside the place, enclosure of track where the races
hundred or six thousand pesos, held.
 Penalty - fine of not less than one thousand (c) Communication refers to the transmission of
pesos not more than two thousand pesos or by information through ICT media, including voice, video
imprisonment for not less than one month or more than and other forms of data.
six months, or both, in the discretion of the court. If the
(d) Computer refers to an electronic, magnetic, optical,
offender is a partnership, corporation or association, the
electrochemical, or other data processing or
criminal liability shall devolve upon its president,
communications device, or grouping of such devices,
director, or any other official responsible for the
capable of performing logical, arithmetic, routing, or
violation.
storage functions and which includes any storage facility
or equipment or communications facility or equipment
directly related to or operating in conjunction with such
PD 449 – Cockfighting Law of 1974 – Approved May 9,
device. It covers any type of computer device including
1974.
devices with data processing capabilities like mobile
phones, smart phones, computer networks and other
devices connected to the internet.
PD 483 - Penalizing Betting, Game-fixing or point
shaving and Machinations in Sports Contents. Approved (e) Computer data refers to any representation of facts,
on June 13, 1974. information, or concepts in a form suitable for
processing in a computer system including a program
suitable to cause a computer system to perform a
function and includes electronic documents and/or
PD 1602 – Approved June 11, 1978.
electronic data messages whether stored in local
prescribing stiffer penalties on illegal gambling. computer systems or online.
(f) Computer program refers to a set of instructions
executed by the computer to achieve intended results.
RA 9287 – Approved 2, 2004
(g) Computer system refers to any device or group of
An Act increasing the penalties for illegal interconnected or related devices, one or more of which,
numbers games, amending certain provisions of P.D. pursuant to a program, performs automated processing
1602, and for other purposes. of data. It covers any type of device with data processing
capabilities including, but not limited to, computers and
mobile phones. The device consisting of hardware and
software may include input, output and storage
components which may stand alone or be connected in a
network or other similar devices. It also includes
INTRO TO CYBER CRIME AND computer data storage devices or media.
ENVIRONMENTAL LAWS
(h) Without right refers to either: (i) conduct undertaken
Republic Act 10175 “CYBERCRIME PREVENTION without or in excess of authority; or (ii) conduct not
ACT OF 2012”. covered by established legal defenses, excuses, court
SEC. 3. Definition of Terms. — For purposes of this orders, justifications, or relevant principles under the
Act, the following terms are hereby defined as follows: law.

(a) Access refers to the instruction, communication with, (i) Cyber refers to a computer or a computer network,
storing data in, retrieving data from, or otherwise the electronic medium in which online communication
making use of any resources of a computer system or takes place.
communication network. (j) Critical infrastructure refers to the computer
(b) Alteration refers to the modification or change, in systems, and/or networks, whether physical or virtual,
form or substance, of an existing computer data or and/or the computer programs, computer data and/or
program. traffic data so vital to this country that the incapacity or
destruction of or interference with such system and
assets would have a debilitating impact on security,
national or economic security, national public health and communication’s origin, destination, route, time, date,
safety, or any combination of those matters. size, duration, or type of underlying service.
(k) Cybersecurity refers to the collection of tools,
policies, risk management approaches, actions, training,
Cybercrime Offenses. — The following acts constitute
best practices, assurance and technologies that can be
the offense of cybercrime punishable under this Act:
used to protect the cyber environment and organization
and user’s assets. (a) Offenses against the confidentiality, integrity and
availability of computer data and systems:
(l) Database refers to a representation of information,
knowledge, facts, concepts, or instructions which are (1) Illegal Access. – The access to the whole or any part
being prepared, processed or stored or have been of a computer system without right.
prepared, processed or stored in a formalized manner
and which are intended for use in a computer system. (2) Illegal Interception. – The interception made by
technical means without right of any non-public
(m) Interception refers to listening to, recording, transmission of computer data to, from, or within a
monitoring or surveillance of the content of computer system including electromagnetic emissions
communications, including procuring of the content of from a computer system carrying such computer data.
data, either directly, through access and use of a
computer system or indirectly, through the use of (3) Data Interference. — The intentional or reckless
electronic eavesdropping or tapping devices, at the same alteration, damaging, deletion or deterioration of
time that the communication is occurring. computer data, electronic document, or electronic data
message, without right, including the introduction or
(n) Service provider refers to: transmission of viruses.
(1) Any public or private entity that provides to users of (4) System Interference. — The intentional alteration or
its service the ability to communicate by means of a reckless hindering or interference with the functioning of
computer system; and a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering
(2) Any other entity that processes or stores computer
or suppressing computer data or program, electronic
data on behalf of such communication service or users of
document, or electronic data message, without right or
such service.
authority, including the introduction or transmission of
(o) Subscriber’s information refers to any information viruses.
contained in the form of computer data or any other form
(5) Misuse of Devices.
that is held by a service provider, relating to subscribers
of its services other than traffic or content data and by (i) The use, production, sale, procurement, importation,
which identity can be established: distribution, or otherwise making available, without
right, of:
(1) The type of communication service used, the
technical provisions taken thereto and the period of (aa) A device, including a computer program, designed
service; or adapted primarily for the purpose of committing any
of the offenses under this Act; or
(2) The subscriber’s identity, postal or geographic
address, telephone and other access numbers, any (bb) A computer password, access code, or similar data
assigned network address, billing and payment by which the whole or any part of a computer system is
information, available on the basis of the service capable of being accessed with intent that it be used for
agreement or arrangement; and the purpose of committing any of the offenses under this
Act.
(3) Any other available information on the site of the
installation of communication equipment, available on (ii) The possession of an item referred to in paragraphs
the basis of the service agreement or arrangement. 5(i)(aa) or (bb) above with intent to use said devices for
the purpose of committing any of the offenses under this
(p) Traffic data or non-content data refers to any
section.
computer data other than the content of the
communication including, but not limited to, the (6) Cyber-squatting. – The acquisition of a domain name
over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same, to be imposed shall be (1) one degree higher than that
if such a domain name is: provided for in Republic Act No. 9775.
(i) Similar, identical, or confusingly similar to an (3) Unsolicited Commercial Communications. — The
existing trademark registered with the appropriate transmission of commercial electronic communication
government agency at the time of the domain name with the use of computer system which seek to advertise,
registration: sell, or offer for sale products and services are prohibited
unless:
(ii) Identical or in any way similar with the name of a
person other than the registrant, in case of a personal (i) There is prior affirmative consent from the recipient;
name; and or
(iii) Acquired without right or with intellectual property (ii) The primary intent of the communication is for
interests in it. service and/or administrative announcements from the
sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
Computer-related Offenses:
(aa) The commercial electronic communication contains
(1) Computer-related Forgery. — (i) The input,
a simple, valid, and reliable way for the recipient to
alteration, or deletion of any computer data without right
reject. receipt of further commercial electronic messages
resulting in inauthentic data with the intent that it be
(opt-out) from the same source;
considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly (bb) The commercial electronic communication does not
readable and intelligible; or purposely disguise the source of the electronic message;
and
(ii) The act of knowingly using computer data which is
the product of computer-related forgery as defined (cc) The commercial electronic communication does not
herein, for the purpose of perpetuating a fraudulent or purposely include misleading information in any part of
dishonest design. the message in order to induce the recipients to read the
message.
(2) Computer-related Fraud. — The unauthorized
input, alteration, or deletion of computer data or program (4) Libel. — The unlawful or prohibited acts of libel as
or interference in the functioning of a computer system, defined in Article 355 of the Revised Penal Code, as
causing damage thereby with fraudulent intent: amended, committed through a computer system or any
Provided, That if no damage has yet been caused, the other similar means which may be devised in the future.
penalty imposable shall be one (1) degree lower.
SEC. 5. Other Offenses. — The following acts shall
(3) Computer-related Identity Theft. – The intentional also constitute an offense:
acquisition, use, misuse, transfer, possession, alteration
(a) Aiding or Abetting in the Commission of
or deletion of identifying information belonging to
Cybercrime. – Any person who willfully abets or aids in
another, whether natural or juridical, without right:
the commission of any of the offenses enumerated in this
Provided, That if no damage has yet been caused, the
Act shall be held liable.
penalty imposable shall be one (1) degree lower.
(b) Attempt in the Commission of Cybercrime. —
(c) Content-related Offenses:
Any person who willfully attempts to commit any of the
(1) Cybersex. — The willful engagement, maintenance, offenses enumerated in this Act shall be held liable.
control, or operation, directly or indirectly, of any
SEC. 6. All crimes defined and penalized by the Revised
lascivious exhibition of sexual organs or sexual activity,
Penal Code, as amended, and special laws, if committed
with the aid of a computer system, for favor or
by, through and with the use of information and
consideration.
communications technologies shall be covered by the
(2) Child Pornography. — The unlawful or prohibited relevant provisions of this Act: Provided, That the
acts defined and punishable by Republic Act No. 9775 or penalty to be imposed shall be one (1) degree higher
the Anti-Child Pornography Act of 2009, committed than that provided for by the Revised Penal Code, as
through a computer system: Provided, That the penalty amended, and special laws, as the case may be.
SEC. 7. Liability under Other Laws. — A prosecution organ of the juridical person, who has a leading position
under this Act shall be without prejudice to any liability within, based on: (a) a power of representation of the
for violation of any provision of the Revised Penal Code, juridical person provided the act committed falls within
as amended, or special laws. the scope of such authority; (b) an authority to take
decisions on behalf of the juridical person: Provided,
SEC. 8. Penalties. — Any person found guilty of any of
That the act committed falls within the scope of such
the punishable acts enumerated in Sections 4(a) and 4(b)
authority; or (c) an authority to exercise control within
of this Act shall be punished with imprisonment of
the juridical person, the juridical person shall be held
prision mayor or a fine of at least Two hundred thousand
liable for a fine equivalent to at least double the fines
pesos (PhP200,000.00) up to a maximum amount
imposable in Section 7 up to a maximum of Ten million
commensurate to the damage incurred or both.
pesos (PhP10,000,000.00).
Any person found guilty of the punishable act under
If the commission of any of the punishable acts herein
Section 4(a)(5) shall be punished with imprisonment of
defined was made possible due to the lack of supervision
prision mayor or a fine of not more than Five hundred
or control by a natural person referred to and described
thousand pesos (PhP500,000.00) or both.
in the preceding paragraph, for the benefit of that
If punishable acts in Section 4(a) are committed against juridical person by a natural person acting under its
critical infrastructure, the penalty of reclusion temporal authority, the juridical person shall be held liable for a
or a fine of at least Five hundred thousand pesos fine equivalent to at least double the fines imposable in
(PhP500,000.00) up to maximum amount commensurate Section 7 up to a maximum of Five million pesos
to the damage incurred or both, shall be imposed. (PhP5,000,000.00).

Any person found guilty of any of the punishable acts The liability imposed on the juridical person shall be
enumerated in Section 4(c)(1) of this Act shall be without prejudice to the criminal liability of the natural
punished with imprisonment of prision mayor or a fine person who has committed the offense.
of at least Two hundred thousand pesos (PhP200,000.00)
SEC. 10. Law Enforcement Authorities. — The
but not exceeding One million pesos (PhP1,000,000.00)
National Bureau of Investigation (NBI) and the
or both.
Philippine National Police (PNP) shall be responsible for
Any person found guilty of any of the punishable acts the efficient and effective law enforcement of the
enumerated in Section 4(c)(2) of this Act shall be provisions of this Act. The NBI and the PNP shall
punished with the penalties as enumerated in Republic organize a cybercrime unit or center manned by special
Act No. 9775 or the “Anti-Child Pornography Act of investigators to exclusively handle cases involving
2009”: Provided, That the penalty to be imposed shall be violations of this Act.
one (1) degree higher than that provided for in Republic
SEC. 11. Duties of Law Enforcement Authorities. —
Act No. 9775, if committed through a computer system.
To ensure that the technical nature of cybercrime and its
Any person found guilty of any of the punishable acts prevention is given focus and considering the procedures
enumerated in Section 4(c)(3) shall be punished with involved for international cooperation, law enforcement
imprisonment of arresto mayor or a fine of at least Fifty authorities specifically the computer or technology crime
thousand pesos (PhP50,000.00) but not exceeding Two divisions or units responsible for the investigation of
hundred fifty thousand pesos (PhP250,000.00) or both. cybercrimes are required to submit timely and regular
reports including pre-operation, post-operation and
Any person found guilty of any of the punishable acts investigation results and such other documents as may
enumerated in Section 5 shall be punished with be required to the Department of Justice (DOJ) for
imprisonment one (1) degree lower than that of the review and monitoring.
prescribed penalty for the offense or a fine of at least
One hundred thousand pesos (PhP100,000.00) but not
exceeding Five hundred thousand pesos
Republic Act No. 8792 “Electronic Commerce Act”
(PhP500,000.00) or both.
June 14, 2000
SEC. 9. Corporate Liability. — When any of the
punishable acts herein defined are knowingly committed 'This Law recognizes use of electronic commercial and
on behalf of or for the benefit of a juridical person, by a non-commercial transactions and electronic signature;
natural person acting either individually or as part of an prescribes penalties for piracy of protected materials
through the use of telecommunication networks and for rights of children which include, but not limited to, the
hacking of computer programs; and prescribes grounds Convention on the Rights of the Child, the 2nd Optional
for liability of service providers. Protocol to the Convention on the Rights of the Child on
the Sale of Children, Child Prostitution and Child
REPUBLIC ACT NO. 9995 known as the "Anti-
Pornography, the International Labor Organization (ILO)
Photo and Video Voyeurism Act of 2009".
Convention No. 182 on the Elimination of the Worst
This law is geared towards the prohibition of taking Forms of Child Labor and the Convention Against
photo or video coverage of a person or group of persons Transnational Organized Crime.
performing sexual act or any similar activity or to
Unlawful or Prohibited Acts. - It shall be unlawful for
capture an image of the private area of a person/s such as
a person to commit any of the following acts:
the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the (a) To hire, employ, use, persuade, induce or coerce a
person/s involved and under circumstances in which the child to perform in the creation or production of
person/s has/have a reasonable expectation of privacy; child pornography;
Copying or reproduction, or cause to be copied or
(b) To produce, direct, manufacture or create any
reproduced, such photo or video or recording of sexual
form of child pornography and child pornography
act or any similar activity with or without consideration;
materials;
Selling and distribution or cause to be sold or
distributed, such photo or video or recording of sexual (c) To sell, offer, advertise and promote child
act, whether it be the original copy or reproduction pornography and child pornography materials;
thereof; or publishing and broadcasting, or cause to be
published or broadcast, whether in print or broadcast (d) To possess, download, purchase, reproduce or
media, or show or exhibit the photo or video coverage or make available child pornography materials with the
recordings of such sexual act or any similar activity intent of selling or distributing them;
through VCD/DVD, internet, cellular phones and other (e) To publish, post, exhibit, disseminate, distribute,
similar means or device. transmit or broadcast child pornography or child
RA 8484 – ACCESS DEVICES REGULATION ACT pornography materials;
OF 1998 (f) To knowingly possess, view, download, purchase or
AN ACT REGULATING THE ISSUANCE AND USE in any way take steps to procure, obtain or access for
OF ACCESS DEVICES, PROHIBITING personal use child pornography materials;
FRAUDULENT ACTS COMMITTED RELATIVE (g) To attempt to commit child pornography by
THERETO, PROVIDING PENALTIES AND FOR luring or grooming a child.
OTHER PURPOSES.
REPUBLIC ACT NO.9775 “Anti-Child Pornography
Act of 2009” Digital evidence refers to digital information that may
be used as evidence in a case. The gathering of the
(a) Guarantee the fundamental rights of every child from digital information may be carried out by confiscation of
all forms of neglect, cruelty and other conditions the storage media (data carrier), the tapping or
prejudicial to their development;cralaw monitoring of network traffic, or the making of digital
(b) Protect the child from all forms of exploitation and copies (e.g., forensic images, file copies, etc.), of the
abuse including, but not limited to:cralaw data held; Data obtained from information and
communication technology. Also known as electronic
(1) the exploitative use of a child or children in evidence.
pornographic performances and materials; andcralaw
(2) the inducement or coercion of a child to engage in or Requirement under your domestic law for electronic
perform any sexual activity or practices, through evidence to be admissible in a criminal trial?
whatever means; andcralaw
According to Section 2, Rule 3, A.M. No. 017-01-SC
(c) Comply with international treaties to which the or the Rules on Electronic Evidence, an electronic
Philippines is a signatory or a State party concerning the document is admissible in evidence if it complies with
the rules on admissibility prescribed by the Rules of Destruction Order or Return Order
Court and related laws and is authenticated in the
An order requiring the complete or partial destruction, or
manner prescribed by these Rules. If the evidence was
the return to its lawful owner or possessor, of the
obtained through mutual legal assistance, the
computer data or any related items turned over to the
authentication requirements under the treaty, if met,
court’s custody
are sufficient for the said evidence to be admissible in
criminal trial in the Philippines Where to file an application for a warrant Before any
of the designated cybercrime courts of the province or
CYBER WARRANTS
the city where the offense or any of its elements has been
Warrant to Disclose Computer Data (WDCD) committed, is being committed, or is about to be
committed, or where any part of the computer system
An order to disclose and accordingly, require any person
used is situated, or where any of the damage caused to a
or service provider to disclose or submit subscriber’s
natural or juridical person took place. Cybercime courts
information, traffic data, or relevant data in his/her
in Quezon City, the City of Manila, Makati City, Pasig
controversial or is possession or control
City, Cebu City, Iloilo City, Davao City and Cagayan de
Warrant to Intercept Computer Data (WICD) Oro City shall have the special authority to act on
applications and issue warrants which shall be
An order authorizing law enforcement authorities to enforceable nationwide and outside the
carry out any or all of the following activities: (a) Philippines. Effective Period of Warrants For the
listening to, (b) recording, (c) monitoring, or (d) length of time as determined by the court, which shall
surveillance of the content of communications, including not exceed 10 days from its issuance. Extendible, based
procuring of the content of computer data, either directly, on justifiable, for not more than 10 days from the
through access and use of a computer system or expiration of the original period. Extraterritorial
indirectly, through the use of electronic eavesdropping or Service of Warrants and Other Court Processes For
tapping devices, at the same time that the persons or service providers situated outside the
communication is occurring Philippines, service of warrants and other court
Warrant to Search, Seize and Examine Computer processes shall be coursed through the DOJ – Office of
Data (WSSECD) Cybercrime.

An order authorizing law enforcement authorities to DIGITAL FORENSICS: Digital Forensics is defined as
search a particular place for items to be seized and/or the process of preservation, identification, extraction,
examined and documentation of computer evidence which can be
used by the court of law. It is a science of finding
Warrant to Examine Computer Data (WECD) evidence from digital media like a computer, mobile
phone, server, or network. It provides the forensic team
Upon acquiring possession of a computer divide or
with the best techniques and tools to solve complicated
computer system via a lawful warrantless arrest, or by
digitalrelated cases. Digital Forensics helps the forensic
any other lawful method, law enforcement authorities
team to analyzes, inspect, identifies, and preserve the
shall first apply for a WECD before searching the said
digital evidence residing on various types of electronic
computer device or computer system for the purpose of
devices. Digital forensic science is a branch of forensic
obtaining forensic examination the computer data
science that focuses on the recovery and investigation of
contained therein
material found in digital devices related to cybercrime.
Preservation Order
Cybercrime Investigation
An order requiring a service provider to keep, retain and
Any crime that involves the use of the internet,
preserve:
computers or networked devices is called a cybercrime.
– The integrity of traffic data and subscriber’s Cybercriminals use the internet and computer to commit
information for a minimum period of 6 months from the their virtual crimes. In addition, they target a computer
date of transaction or a network to steal, damage, lock or delete sensitive
personal and financial data.
– Content data for 6 months from the date of receipt of
the order For evidence of a digital crime, cybercrime investigation
is the process of acquiring and recovering critical
forensic digital data from the computers or networks, i.e. This technique requires a court order for investigators to
the internet, involved in the cyberattack. This process is access the needed data. It also depends on how much
essential in cybercrime investigation to identify the information they have. To identify the cybercriminal,
cybercriminal and know what his/her real intention is. investigators work with internet service providers (ISPs)
After investigating and analysing the data, investigators and networking companies to acquire log information
write reports to use in court proceedings and testify in about his/her connections and historical services. In
court hearings. addition, they will know the websites and protocols used
in the crime. Through digital surveillance, they can
1. Performing Background Checks
monitor the cybercriminal’s future activities.
Performing background checks is the process of setting
out the crime scene for a deeper analysis. Investigators
use private and public databases and records to find out 5. Running Digital Forensics
the backgrounds of the potential individuals involved
After collecting enough data about the incident,
in cybercrime. They set a starting point for the
investigators use their digital and technology skills to
investigation by establishing how much information they
conduct forensics. With the use of specific tools that help
have. They try to determine when the crime was
examine the mechanism of the cybercrime in hand, they
committed, who the victim is, and where they can find
use technology and scientific methods to collect,
evidence.
preserve and analyse evidence. To illustrate, they
2. Gathering Information examine the affected or involved digital systems,
including RAM memory, caching devices, hard drives,
The most critical technique in cybercrime investigation
and file systems. This collected forensics supports
is gathering information. It is the process of grabbing as
evidence or confirms the involvement of a suspect in a
much information as possible about cybercrime.
crime.
Investigators try to answer questions like:
How was the crime committed?
CYBERCRIME INVESTIGATION METHODS
Was it an automated attack or a human-based crime?
Assess the Situation
What evidence can be found? And where?
As with any investigation, the officer must first
Do they have access to evidence sources?
determine the specific elements of the crime and whether
Who are the potential criminals? the laws in their jurisdiction support prosecution. For
example, can the charges be sustained even if guilt is
Can anyone perform this attack? Or does it require proven? Given the many new technologies in use, very
specific skills? often common law, and federal and state statutes have
Answers to these sorts of questions are valuable not caught up to the offenses. Another factor to consider
considerations during this process. when investigating cyber crimes is the global nature of
the Internet. It is often beneficial to consult with your
3. Gathering Evidence prosecutor to gain additional insight into specific crimes.
To obtain proof of a cybercrime, investigators use Conduct the Initial Investigation
security cameras, photos, videos, and electronic
surveillance devices that record all digital behaviours, When conducting a cybercrime investigation, normal
including what was used and how and when it was used. investigative methods are still important. Asking who,
They also collect any items that may contain what, where, when, why and how questions is still
cybercrime-related information, such as laptops, mobile important. The investigator should also still ask the
phones, emails, event logs, and databases. Investigators following questions:
must move all evidence to secured devices to avoid  Who are the potential suspects?
hacking.
 What crimes were committed?
4. Tracking and Identifying the Authors of A
Cybercrime  When were the crimes committed?
 Were these crime limited to US jurisdiction?
  What evidence is there to collect? It will also be important to work with the prosecutor to
identify the appropriate charges (based on existing
 Where might the physical and digital
common law and state and federal statutes), and to
evidence be located?
determine what additional information or evidence will
 What types of physical and digital evidence be needed prior to filing charges.
were involved with the crime?
 Does any of the evidence need to be
RULES OF PROCEDURE FOR
photographed/preserved immediately?
ENVIRONMENTAL CASES
 How can the evidence be preserved and
maintained for court proceedings?
Objectives. – The objectives of these Rules are:
Identify Possible Evidence
(a) To protect and advance the constitutional right of
Digital evidence can come in many file types and sizes.
the people to a balanced and healthful ecology;
For example, see Most Common Electronic Devices.
Further, the evidence may be encrypted, protected, or (b) To provide a simplified, speedy and inexpensive
otherwise hidden. If your agency does not have the procedure for the enforcement of environmental
resources, tools, or specific expertise necessary to rights and duties recognized under the Constitution,
identify and collect this evidence, consider partnering existing laws, rules and regulations, and international
with other agencies that do have these capabilities. See agreements;
the Community page for more information.
(c) To introduce and adopt innovations and best
Secure Devices and Obtain Court Orders practices ensuring the effective enforcement of
remedies and redress for violation of environmental
In many cases, investigators may seize electronic
laws; and
devices without a warrant, but must obtain a warrant in
order to conduct a search on the device(s). Multiple (d) To enable the courts to monitor and exact
warrants may need to be obtained if a particular device is compliance with orders and judgments in
connected to multiple crimes. environmental cases.
Warrants should clearly describe all files, data, and
electronic devices to be searched as specifically as Consent decree refers to a judicially-approved
possible and seek approval to conduct analysis off-site settlement between concerned parties based on public
(e.g. at a specialized forensics laboratory). interest and public policy to protect and preserve the
environment.
Subpoenas can also be used to obtain digital evidence.
Many Internet- and communication-based companies Consent decree. The designation of a consent decree as
have guides to assist law enforcement in understanding a mode of settlement gives emphasis to the public
their information sharing policies (see Handling interest aspect in environmental cases and encourages
Evidence from Specific Sources). the parties to expedite the resolution of litigation.
Non-disclosure agreement (NDA) are often times needed A consent decree derives its contractual nature from the
when law enforcement is requesting information from an fact of their being entered into by the parties themselves
Electronic Service Provider (ESP) and they don’t want through which they arrive at a certain compromise with
the ESP to notify the user of someone requesting respect to the issues involved in the case, whereas their
information from their account. judicial feature is acquired through the approval of the
Annotation to the Rules of Procedure for Environmental
Court order is required to compel the ESP for
Cases 103 court. It has a number of advantages:
information above the basic subscriber information.
This could include but not limited to message headers or (1) It encourages the parties (the government and the
IP addresses. This does not include content. violators) to come up with comprehensive,
mutuallyacceptable solutions to the environmental
Analyze Results with Prosecutor
problem, and since the agreement was arrived at
voluntarily, there is a greater possibility of actual discovery and motion for reconsideration of the
compliance; judgment.
(2) It is open to public scrutiny; Motion for postponement, motion for new trial and
petition for relief from judgment shall be allowed in
(3) It allows the parties to address issues other than
highly meritorious cases or to prevent a manifest
those presented to the court; and
miscarriage of justice.
(4) It is still subject to judicial approval and can be
Exclusive list. The enumeration in this section is
enforced through a court order.
exclusive and must be read in conjunction with the
Continuing mandamus is a writ issued by a court in an succeeding provision, infra.
environmental case directing any agency or
SEC. 2. Prohibited pleadings or motions. – The
instrumentality of the government or officer thereof to
following pleadings or motions shall not be allowed:
perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is (a) Motion to dismiss the complaint;
fully satisfied.
(b) Motion for a bill of particulars;
Environmental protection order (EPO) refers to an
(c) Motion for extension of time to file pleadings,
order issued by the court directing or enjoining any
except to file answer, the extension not to exceed
person or government agency to perform or desist from
fifteen (15) days; (d) Motion to declare the defendant
performing an act in order to protect, preserve or
in default;
rehabilitate the environment.
(e) Reply and rejoinder; and
Mineral refers to all naturally occurring inorganic
substance in solid, gas, liquid, or any intermediate state (f) Third party complaint.
excluding energy materials such as coal, petroleum,
natural gas, radioactive materials and geothermal energy.
Precautionary principle states that when human SEC. 4. Who may file. – Any real party in interest,
activities may lead to threats of serious and irreversible including the government and juridical entities
damage to the environment that is scientifically plausible authorized by law, may file a civil action involving the
but uncertain, actions shall be taken to avoid or diminish enforcement or violation of any environmental law.
that threat. SEC. 5. Citizen suit. – Any Filipino citizen in
Strategic lawsuit against public participation representation of others, including minors or generations
(SLAPP) refers to an action whether civil, criminal or yet unborn, may file an action to enforce rights or
administrative, brought against any person, institution or obligations under environmental laws.
any government agency or local government unit or its Upon the filing of a citizen suit, the court shall issue an
officials and employees, with the intent to harass, vex, order which shall contain a brief description of the cause
exert undue pressure or stifle any legal recourse that of action and the reliefs prayed for, requiring all
such person, institution or government agency has taken interested parties to manifest their interest to intervene in
or may take in the enforcement of environmental laws, the case within fifteen (15) days from notice thereof. The
protection of the environment or assertion of plaintiff may publish the order once in a newspaper of a
environmental rights. general circulation in the Philippines or furnish all
Wildlife means wild forms and varieties of flora and affected barangays copies of said order. Citizen suits
fauna, in all developmental stages including those which filed under R.A. No. 8749 and R.A. No. 9003 shall be
are in captivity or are being bred or propagated. governed by their respective provisions.

CIVIL PROCEDURE RULE 2 PLEADINGS AND SEC. 8. Issuance of Temporary Environmental

PARTIES Protection Order (TEPO). – If it appears from the
verified complaint with a prayer for the issuance of an
SEC. 1. Pleadings and motions allowed. – The Environmental Protection Order (EPO) that the matter is
pleadings and motions that may be filed are complaint, of extreme urgency and the applicant will suffer grave
answer which may include compulsory counterclaim and injustice and irreparable injury, the executive judge of
cross-claim, motion for intervention, motion for the multiple-sala court before raffle or the presiding
judge of a single-sala court as the case may be, may verified answer to the complaint and serve a copy
issue ex parte a TEPO effective for only seventy-two thereof on the plaintiff. The defendant shall attach
(72) hours from date of the receipt of the TEPO by the affidavits of witnesses, reports, studies of experts and all
party or person enjoined. Within said period, the court evidence in support of the defense. Affirmative and
where the case is assigned, shall conduct a summary special defenses not pleaded shall be deemed waived,
hearing to determine whether the TEPO may be except lack of jurisdiction. Cross-claims and compulsory
extended until the termination of the case. counterclaims not asserted shall be considered barred.
The answer to counterclaims or cross-claims shall be
The court where the case is assigned, shall periodically
filed and served within ten (10) days from service of
monitor the existence of acts that are the subject matter
the answer in which they are pleaded.
of the TEPO even if issued by the executive judge, and
may lift the same at any time as circumstances may SEC. 15. Effect of failure to answer. – Should the
warrant. defendant fail to answer the complaint within the period
provided, the court shall declare defendant in default and
The applicant shall be exempted from the posting of a
upon motion of the plaintiff, shall receive evidence ex
bond for the issuance of a TEPO.
parte and render judgment based thereon and the reliefs
SEC. 10. Prohibition against temporary restraining prayed for.
order (TRO) and preliminary injunction. – Except the
RULE 3 PRE-TRIAL
Supreme Court, no court can issue a TRO or writ of
preliminary injunction against lawful actions of SEC. 1. Notice of pre-trial. – Within two (2) days from
government agencies that enforce environmental laws or the filing of the answer to the counterclaim or cross-
prevent violations thereof. claim, if any, the branch clerk of court shall issue a
notice of the pre-trial to be held not later than one (1)
month from the filing of the last pleading.
SEC. 13. Service of summons, orders and other court
The court shall schedule the pre-trial and set as many
processes. – The summons, orders and other court
pretrial conferences as may be necessary within a period
processes may be served by the sheriff, his deputy or
of two (2) months counted from the date of the first pre-
other proper court officer or for justifiable reasons, by
trial conference.
the counsel or representative of the plaintiff or any
suitable person authorized or deputized by the court SEC. 3. Referral to mediation. – At the start of the pre-
issuing the summons. trial conference, the court shall inquire from the parties
if they have settled the dispute; otherwise, the court shall
Any private person who is authorized or deputized by
immediately refer the parties or their counsel, if
the court to serve summons, orders and other court
authorized by their clients, to the Philippine Mediation
processes shall for that purpose be considered an officer
Center (PMC) unit for purposes of mediation. If not
of the court.
available, the court shall refer the case to the clerk of
The summons shall be served on the defendant, court or legal researcher for mediation.
together with a copy of an order informing all parties
Mediation must be conducted within a non-
that they have fifteen (15) days from the filing of an
extendible period of thirty (30) days from receipt of
answer, within which to avail of interrogatories to
notice of referral to mediation.
parties under Rule 25 of the Rules of Court and request
for admission by adverse party under Rule 26, or at their The mediation report must be submitted within ten (10)
discretion, make use of depositions under Rule 23 or days from the expiration of the 30-day period.
other measures under Rules 27 and 28.
SEC. 4. Preliminary conference. – If mediation fails,
Should personal and substituted service fail, summons the court will schedule the continuance of the pre-
by publication shall be allowed. In the case of juridical trial. Before the scheduled date of continuance, the
entities, summons by publication shall be done by court may refer the case to the branch clerk of court
indicating the names of the officers or their duly for a preliminary conference for the following
authorized representatives. purposes:
SEC. 14. Verified answer. – Within fifteen (15) days (a) To assist the parties in reaching a settlement;
from receipt of summons, the defendant shall file a
(b) To mark the documents or exhibits to be Permanent EPO; writ of continuing mandamus. – In
presented by the parties and copies thereof to be the judgment, the court may convert the TEPO to a
attached to the records after comparison with the permanent EPO or issue a writ of continuing mandamus
originals; directing the performance of acts which shall be
effective until the judgment is fully satisfied.
(c) To ascertain from the parties the undisputed facts
and admissions on the genuineness and due execution Nature of the writ. – The writ is a remedy available to a
of the documents marked as exhibits; natural or juridical person, entity authorized by law,
people’s organization, non-governmental organization,
(d) To require the parties to submit the depositions
or any public interest group accredited by or registered
taken under Rule 23 of the Rules of Court, the
with any government agency, on behalf of persons
answers to written interrogatories under Rule 25, and
whose constitutional right to a balanced and healthful
the answers to request for admissions by the adverse
ecology is violated, or threatened with violation by an
party under Rule 26;
unlawful act or omission of a public official or
(e) To require the production of documents or things employee, or private individual or entity, involving
requested by a party under Rule 27 and the results of environmental damage of such magnitude as to prejudice
the physical and mental examination of persons the life, health or property of inhabitants in two or more
under Rule 28; cities or provinces.

(f) To consider such other matters as may aid in its SEC. 2. Contents of the petition. – The verified petition
prompt disposition; shall contain the following:

(g) To record the proceedings in the “Minutes of (a) The personal circumstances of the petitioner;
Preliminary Conference” to be signed by both parties
(b) The name and personal circumstances of the
or their counsels;
respondent or if the name and personal circumstances
(h) To mark the affidavits of witnesses which shall be are unknown and uncertain, the respondent may be
in question and answer form and shall constitute the described by an assumed appellation;
direct examination of the witnesses; and
(c) The environmental law, rule or regulation violated or
(i) To attach the minutes together with the marked threatened to be violated, the act or omission complained
exhibits before the pre-trial proper. The parties or of, and the environmental damage of such magnitude as
their counsel must submit to the branch clerk of to prejudice the life, health or property of inhabitants in
court the names, addresses and contact numbers of two or more cities or provinces.
the affiants.
(d) All relevant and material evidence consisting of the
Evidence not presented during the pre-trial except newly affidavits of witnesses, documentary evidence, scientific
discovered evidence, shall be deemed waived. or other expert studies, and if possible, object evidence;

RULE 4 TRIAL (e) The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any
SEC. 1. Continuous trial. – The judge shall conduct claim involving the same issues in any court, tribunal or
continuous trial which shall not exceed two (2) months quasi-judicial agency, and no such other action or claim
from the date of the issuance of the pre-trial order. is pending therein; (2) if there is such other pending
Before the expiration of the two-month period, the judge action or claim, a complete statement of its present
may ask the Supreme Court for the extension of the trial status; (3) if petitioner should learn that the same or
period for justifiable cause. similar action or claim has been filed or is pending,
SEC. 5. Period to try and decide. – The court shall petitioner shall report to the court that fact within five
have a period of one (1) year from the filing of the (5) days therefrom; and
complaint to try and decide the case. Before the (f) The reliefs prayed for which may include a prayer for
expiration of the one-year period, the court may petition the issuance of a TEPO.
the Supreme Court for the extension of the period for
justifiable cause. The court shall prioritize the SEC. 3. Where to file. – The petition shall be filed with
adjudication of environmental cases. the Supreme Court or with any of the stations of the
Court of Appeals.
SEC. 12. Discovery Measures. — A party may file a (1) Littering, throwing, dumping of waste matters in
verified motion for the following reliefs: public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or
(a) Ocular Inspection; order — The motion must show
permitting the same;
that an ocular inspection order is necessary to establish
the magnitude of the violation or the threat as to (2) Undertaking activities or operating, collecting or
prejudice the life, health or property of inhabitants in transporting equipment in violation of sanitation
two or more cities or provinces. It shall state in detail operation and other requirements or permits set
the place or places to be inspected. It shall be supported forth in established pursuant;
by affidavits of witnesses having personal knowledge of
(3) The open burning of solid waste;
the violation or threatened violation of environmental
law. (4) Causing or permitting the collection of non-
segregated or unsorted wastes;
After hearing, the court may order any person in
possession or control of a designated land or other (5) Squatting in open dumps and landfills;
property to permit entry for the purpose of inspecting or
photographing the property or any relevant object or (6) Open dumping, burying of biodegradable or non-
operation thereon. The order shall specify the person or biodegradable materials in flood prone areas;
persons authorized to make the inspection and the date, (7) Unauthorized removal of recyclable material
time, place and manner of making the inspection and intended for collection by authorized persons;
may prescribe other conditions to protect the
constitutional rights of all parties. (8) The mixing of source-separated recyclable
material with other solid waste in any vehicle, box,
(b) Production or inspection of documents or things; container or receptacle used in solid waste collection
order – The motion must show that a production order is or disposal;
necessary to establish the magnitude of the violation
or the threat as to prejudice the life, health or (9) Establishment or operation of open dumps as
property of inhabitants in two or more cities or enjoined in this Act, or closure of said dumps in
provinces. violation of Sec. 37;

After hearing, the court may order any person in (10) The manufacture, distribution or use of non-
possession, custody or control of any designated environmentally acceptable packaging materials;
documents, papers, books, accounts, letters,
(11) Importation of consumer products packaged in
photographs, objects or tangible things, or objects in
non-environmentally acceptable materials;
digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce (12) Importation of toxic wastes misrepresented as
and permit their inspection, copying or photographing by "recyclable" or "with recyclable content";
or on behalf of the movant.
(13) Transport and dumplog in bulk of collected
The production order shall specify the person or persons domestic, industrial, commercial, and institutional
authorized to make the production and the date, time, wastes in areas other than centers or facilities
place and manner of making the inspection or production prescribe under this Act;
and may prescribe other conditions to protect the
constitutional rights of all parties. (14) Site preparation, construction, expansion or
operation of waste management facilities without an
SEC. 15. Judgment. – Within sixty (60) days from the Environmental Compliance Certificate required
time the petition is submitted for decision, the court pursuant to Presidential Decree No. 1586 and this Act
shall render judgment granting or denying the privilege and not conforming with the land use plan of the
of the writ of kalikasan. LGU;
REPUBLIC ACT NO. 9003 “ECOLOGICAL SOLID (15) The construction of any establishment within
WASTE MANAGEMENT” two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and
Prohibited Acts - The following acts are prohibited:
(16) The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
reservoir, or watershed area and or any portions concept of an ecosystem-based approach to fisheries
thereof. management and integrated coastal area management in
specific natural fishery management areas, appropriately
REPUBLIC ACT NO. 8749 “PHILIPPINE CLEAN
supported by research, technical services and guidance
AIR ACT OF 1999”
provided by the State
This Act establishes a comprehensive air pollution
Application of its Provisions. – The provisions of this
control policy for the country by preserving and
Code shall be enforced in:
protecting air quality, establishing an air quality
management system, prohibiting certain forms of waste (a) all Philippine waters including other waters over
disposal, and regulating emissions which the Philippines has sovereignty and jurisdiction,
and the country’s 200-nautical mile Exclusive Economic
REPUBLIC ACT NO. 9275 “PHILIPPINE CLEAN
Zone (EEZ) and continental shelf;
WATER ACT OF 2004”
(b) all aquatic and fishery resources whether inland,
The Act shall apply to water quality management in all
coastal or offshore fishing areas, including, but not
water bodies: fresh, brackish and marine waters. It shall
limited to, fishponds, fish pens/cages;
be the policy of the State to: prevent, control and abate
pollution of the country’s water resources; promote (c) all lands devoted to aquaculture, or businesses and
environmental strategies for the protection of water activities relating to fishery, whether private or public
resources; formulate a national program of water quality lands; and
management; promote commercial and industrial
(d) all Philippine flagged fishing vessels operating in
processes and products that are environment friendly and
areas governed by a Regional Fisheries Management
energy efficient; etc. The Act among other things shall
Organization (RFMO), in the high seas, or in waters of
provide for: the designation of water quality
other coastal states."
management areas by the Department, in coordination
with the National Water Resources Board; the
designation of water bodies where specific pollutants
from either natural or man-made sources have already
exceeded water quality guidelines as non-attainment
areas for the exceeded pollutants; a national program on
sewerage and septic management; domestic sewage
collection, treatment and disposal; water pollution
permits and charges; offences and penalties; etc.
REPUBLIC ACT NO. 10654 AMENDING
REPUBLIC ACT NO. 8550, OTHERWISE KNOWN
AS "THE PHILIPPINE FISHERIES CODE OF
1998," AND FOR OTHER PURPOSES
(c) To ensure the rational and sustainable development,
management and conservation of the fishery and aquatic
resources in Philippine waters including the Exclusive
Economic Zone (EEZ) and in the adjacent high seas,
consistent with the primordial objective of maintaining a
sound ecological balance, protecting and enhancing the
quality of the environment. The Philippines shall pursue
its commitment to international conventions and
cooperate with other states and international bodies, in
order to conserve and manage threatened , aquatic
species, straddling and highly migratory fish stocks and
other living marine resources;
To adopt the precautionary principle and manage fishery
and aquatic resources, in a manner consistent with the
 or promotional, reinstatements, rank
promotions, salary increases, transfers,
designations, administrative fines and
punishments, resignations, retirements and
dismissals.
 Numbered Memoranda – it contains
TECHNICAL ENGLISH 2 (LEGAL FORMS) AND directives of general concern to, and for
TECHNICAL ENGLISH 1(INVESTIGATIVE compliance by, all units and offices on
REPORT WRITING) specific subjects concerning various phases
POLICE REPORT of external and internal police
administration.
Report is defined as an objective statement of the
findings of an investigator; this is an official record of  Circulars – utilized in the publication of
the information that is relevant to an investigation. law, ordinances, executive orders, republic
Hence, a good report plays an important role in the acts, administrative orders, opinions and
success of any investigation (Bajado – Nano & other valuable information which serve as
Pioquinto, 2014). convenient guides and references for
members in the performance of their official
 It is a chronological or step-by-step account of duties.
an incident that transpired in a given time, at
a given place. It is also defined as an account  Memoranda – used for the dissemination of
of some subjects specifically investigated, or specific orders for
an official statement of facts. implementation/compliance by certain units
 an exact Narration of facts discovered during the or individual members, usually of temporary
course of crime investigation which serves as a nature or lasting for a certain period only.
permanent written record for future reference. This is also utilized for the publications of
 is any written matter prepared by the Police letters or appreciation and other
involving their interaction with the community. communications from various government
 a permanent written record of police activities and/or private offices and individuals.
classified as informal and formal which Other Types of Police Reports
communicates important facts concerning
people involved in criminal activities.
Types of Reports 1. The Case Report-

Informal Reports – is a letter of memorandum or any  Complainant/Assignment Sheet which reflects

one of many prescribed or used methods of all information regarding complains and reports
communications, in a day-by-day police operations. It received by the police from the citizens and
carries three items besides the text proper, the data other agencies, or actions initiated by the police.
submitted, subject, and person or persons to whom  Investigation Report, which contains the
submitted, and it contain many items of administrative findings of an action taken by the investigating
importance along with the subject matter of the text. officer based on inquiries made and by obtaining
Most police reports are placed in this category. the available facts of the incidents.

 General Orders – used to publish matters 2. The Arrest and Booking Report - This record
relating to the modification of the skeleton maintains the arrest and jail booking report, which is
of the organization, shifting of functions required for all persons arrested. It shall bear an arrest
from one command to another, changes of number for each arrest made.
territorial jurisdiction of police precincts,
3. The Identification Report - Identification record is
and those that requires execution of policies
the third major division of police report. Fingerprint
of the administration.
records are the heart identification system. It provides
 Special Orders – used to announce positive identification and the police must supplement it
appointments of personnel, whether original with a record of physical characteristics and in some
cases a photograph of the criminal. Identification reports words that have double meanings, slang, jargon and
have their own number series: an identification number unnecessary abbreviations.
is assigned to each criminal to identify records relating
Complete. A report must answer the “who”, what,
to him.
when, where, why and how questions (5W’s and 1H).
4. The Administrative Report - These are reports It must also contain the elements of the offense. Proper
required in the management of the department personnel note-taking techniques can assure one to write
and designed to aid in assignment, promotion, and complete reports.
disciplinary actions. Such records are so essentials in
Concise. This means that the police report says much
administering personnel matters that they must be
with a few words as possible. Conciseness relates to
maintained in a police department.
the elimination of unnecessary words and does not
5. The Miscellaneous Report - These are reports, which mean short. Writing concise reports includes using
do not relate to recorded complaint and investigation active voice, avoiding wordiness, eliminating
reports but are informational in character. unnecessary words, prepositional phrases, and using
ordinary and commonly understood words. Most
Formal Reports – suggest a full-dress treatment,
sentences in police reports consists of 12 to 15 words.
including cover, title page, letter of transmittal, summary
sheet, text, appendixes, and sometimes index and Factual. A report must be factual. A fact is something
bibliography. that has been objectively verified and is presented
objectively. One must report the facts correctly and
Police Report Writing is considered technical writing.
without error. Avoid reporting opinions, inferences
It is the backbone of criminal investigation and
(drawing conclusions), suppositions (assumptions of
prosecution (Petalvo-Ballares, Marilyn, et al.).
truth), or hearsay as though they were facts.
Police Blotter - an official logbook, covered blue with
Objective. One must remember that there are always
hardbound cover that contains the daily register of all
two sides to every story and both sides have the right to
crime incident reports, official summary of arrests and
be told. The investigation must not be influenced by
other significant events/activities reported in the police
emotion, personal prejudice or opinion. The
station
investigator must collect and report the facts in an
Purpose of a police blotter objective and professional manner.

A written record of arrests and other occurrences Prompt. A report must be completed in a timely
maintained by the police. The report kept by the police manner and submitted at the soonest possible time.
when a suspect is booked, which involves the written One’s credibility may be open to speculation if this
recording of facts about the person’s arrest and the quality of police report is not followed.
charges against him or her.
What does blotter mean?
Qualities of a Good Police Report
1 : a piece of blotting paper.
Accurate. This means that the police report is in exact
2 : a book in which entries (as of transactions or
conformity to fact (errorless). A fact is something that
occurrences) are made temporarily pending their transfer
has been objectively verified. Facts must be reported
to permanent record books police blotter.
correctly and without error. If it’s a criminal incident
report, the elements of the crime are a must for accuracy. Is police blotter — a public document?
One must restrict his/her report to the facts of the
Yes. Moreover, police blotter entries bear details
incident as one saw it or as victim/s and witness/es
imperative to the advancement of cases filed in court.
reported them. One must accurately report the conditions
Because the police blotter is considered a public
of the scene as he/she found them.
document, stakeholders such as media practitioners and
Clear. The language and format in one’s police students among others have perceived such as a
report must be simple and direct to the point. Clear document which they can freely access, view, browse,
means plain or evident to the mind of the reader. The and reproduce.
writer should use simple words so the reader will know
Steps in Report Writing Process
exactly what the reader needs to know. Avoid using
Interviewing make it better?) Most officers are just thankful to have
finished the reports and don’t take additional moment to
It is designed as asking somebody a series of questions
review their works. Think about whom else is going to
to gather information.
read the report.
This is considered as the first step of the process. The
Guidelines in Police Report Writing
investigator’s interview of the victim/s, witness/es, and
suspect/s is the backbone of the preliminary Word Usage
investigation. Normally, the first officer of the crime
Police officers from all over the country tend to use
scene has the best opportunity to conduct interviews. If
similar words and phrases. But you should always make
the officer fails to conduct a successful interviews,
sure that you know the correct definition and spelling of
his/her actions on preliminary investigation is
the words you will use in your reports.
incomplete.
Slang is usually a nonstandard vocabulary developed
Note Taking
by a group of people. It may be a street slang, criminal
It means brief notation concerning specific events while slang, or police slang. It is inappropriate to use slang in
fresh in one’s mind and used to prepare a report. An your report, unless you are quoting someone’s
investigator must take notes to assist his/her memory statements; and
with specific details, such as names, date of birth, serial
Jargon is usually a specialized language of a
numbers, addresses and phone numbers. Neat and
profession. Criminal justice professionals, just like other
accurate notes add to one’s credibility and demonstrate
professionals, use a great deal of jargons. You should
one’s high level of proficiency and professionalism.
avoid using of jargons in your report.
Since notes are made of all pertinent information during
an investigation, they would be of great help especially Tone (First Person and Third Person)
when an investigator is subpoenaed or summoned to
appear in court. You may write your report in either first person or third
person style. Both are acceptable.
Organizing
First person writing style is preferred and the most
It means to arrange the components of something in a widely used. You are referring to yourself as an active
way that it creates a particular structure. Since during the participant.
note taking, all the information gathered are fragments,
the investigator must organize these information into The alternative to first person is the Third person writing
logical manner. The sequence of events must be style. You refer yourself as an assigned officer, the
followed in order to portray the incident clearly. undersigned or this officer. Usually, department policy
specifies which style to use. Police reports should be
Writing the Narrative written in an easily understandable style. The Philippine
National Police organization caters to the Third-Person
In this stage is the preparation of the report. The task is
writing style
not only to express your ideas, but to make an
impression upon the mind of the reader as well. In other The Contents of a Police Report (5Ws and 1H)
words, you must write for the benefit of the reader. Place
yourself in the reader’s position, and try to visualize their WHO. It refers to the complete and correct name.
interest, their knowledge of the subject and their WHAT. . It refers to what type of property was attacked,
dependence upon the report. e.g. building, residence, alley, vacant lot, etc. It refers to
Writing the narrative should be the easiest part of report what type of property was stolen, lost or found. What
writing. Before you begin writing the narrative, stop and items related to the crime were found at the crime scene.
think about what you have done and what you have yet An accurate description of all such properties stolen, lost
to do. or found should be entered in the notes. It refers to what
offense was committed, e.g. murder, homicide, rape,
Proofreading physical injuries, robbery, theft, and violation of special
laws. It refers also to what type of evidence was found or
To proofread, ask yourself the following questions: Is
recovered.
this report the best I can do? Do I want this to be read by
the Chief of Police? (Is there anything else I can do to
WHERE. It concerned with the geographical location of 2. It can be used as legal documents in the prosecution of
the crime scene, property or evidence. criminals.
WHEN. It refers to the date and time when the offense 3. It can be utilized by other agencies.
was committed; property found, suspect apprehended,
4. It can be useful to tri-media for public information
etc.
purposes.
WHY. It refers to the object or desire which motivated
5. It can be utilized for research purposes.
the offense. If it’s crime against person, the object of the
attacked might be revenge, ransom, or sexual pleasure. If 6. It can improve the personality of the
it’s crime against property, the reason may be to acquire writer/investigator.
money and property.
The Paragraph
HOW. It refers to the general manner in which the crime
was committed. Generally, the “who”, “when”, and A paragraph is a brief composition having only one main
“where” appear at the beginning of the report. The reader thought or idea. It is a group of related sentences
needs to know the person/s involved, the date and time developing into one topic, or with a specific part of a
the incident happened, and the location at which it took longer composition or a larger topic.
place. “What” happened is usually unfolded throughout A paragraph is composed of a topic sentence and
the report. The “how” is closely related to the what. The supporting details. A topic sentence contains the main
“why” belongs to before or after the what, depending on idea or thought of the composition. On the other hand,
the situations. These six questions cover the essentials of the supporting details substantiate or help develop the
many typical police report. main idea expressed in the topic sentence.
A police report is written because a crime is committed, Read the paragraph below and identify the topic
and an investigation of it is made. If the writer has failed sentence and the supporting details that help developed
to ask important questions during in the investigation the main idea.
and/ or failed to note the important details in his/her field Memorandum “a note to help the memory.”
note or tickler, then the investigator is in for an
incomplete report, which understandably will be What is an Investigation Report?
unreliable.
An investigation report is a document that details the
Purposes of Police Reports (Foronda, 2009) findings of an investigation as soon as a formal
complaint is filed or an incident occurs. This is where
1. To serve as the raw materials from which records investigators record the issues of the matter, analyze the
system are made. evidence, and formulate a conclusion. It is impartial and
2. To reveal as part of the component of the record based on evidence, not on the opinions of an investigator
system, the direct relationship between the efficiency of or the parties involved
the department and the quality of its reports and Investigative Reports( PNP &BFP)
reporting procedures.
Initial /Preliminary Investigation Report - Initial
3. To guide police administrators for policy formulation investigation is the first action to be undertaken when
and decision making. there is a reported or discovered incident. The conduct of
4. To serve as a gauge/yardstick for efficiency evaluation initial investigation is one of the standard operating
of police officers. procedures in all police stations.

5. To guide prosecutors and courts in the trial of criminal Spot Report- an immediate initial investigative or
cases investigated by the police. incident report addressed to Higher Headquarters
pertaining to the commission of the crime, occurrence of
Important Uses of Police Report (Foronda, 2009) natural or manmade disaster or unusual incidents
involving loss of lives and damage of properties.
1. It serves as records for police administration in
planning, directing, and organizing the unit’s Incident Report is a written account of an event or
occurrence. The purpose of this report is to document
duties.
the exact details of the occurrence as basis for further
actions of concerned public safety officers, incident statements of other witness and by reference to
reports are the jump-off points of investigations designed official records or to other reliable sources;
to ferret out the facts and recommend solutions.  Completeness. The question WHEN, WHERE,
WHAT, WHY, WHO and HOW should be
Progress/ Follow-up Investigation Report – it describe
answered. The elements of crime should be
the progress of the investigation from time to time and
established and the additional facts developed
ensure constant follow up. It contains: identification of
should tend to prove these element. The report
evidences noted, accurate and pertinent other facts.
should be documented by appending important
Progress Report is being submitted if there is new statements, letters, findings of other agencies
finding or development in the case. and laboratory reports:
 Brevity. Irrelevant or unnecessary materials
Final Investigation Report – the complete, more should be omitted:
detailed report, which contains sufficient evidence noted,  Fairness. The investigator should take the facts
identity of perpetrators, which warrant the filing of the as he/she finds them, and if ever he/she has
case to court. theories, it must be consistent with these facts;
AFTER OPERATIONS REPORT-After major  Form and Style. The arrangement of the
operations, a report must be submitted and this is the materials presented should be in a manner which
After Operation Report. This informative report detailing will make the report easy to read. Form includes
every action performed by personnel during police proper paragraphing, underscoring,
operations. This is being done no matter what the result capitalization
of operations was. Format Contents
1. Letterhead
Purposes of an Investigation Report:
2. Date
Record. The report provides permanent official record of 3. Addressee
relevant information obtained in the course of the 4. I – Authority for Investigation
investigation; 5. II – Details of Investigation/Matters
Investigated/ Facts of the Case
Leads. The report provides other investigators with 6. III – Comments/Recommendation/Conclusions
information necessary to further advance their own 7. Annexes (list of exhibits) (appendices)
investigation; and
Parts of an Information Report
Prosecution Action. The report is a statement of facts on
which designated authorities may base a criminal, Heading - The heading contains the reporting
corrective or disciplinary action. unit, date of report, the subject, date of information. The
date acquired, the place acquired, the report number, the
Criteria of Good Investigation Report: reference, the evaluation, the attachments (s) and the
source (s).
An investigator report is subject to close scrutiny at all
level of the command. It must meet certain criteria, some  Reporting Unit-Indicate here the
of which are: branch/Group or Station submitting the.
Standard abbreviations for the designated
 It must be grammatically correct:
office may be used here.
 Abbreviation must be used appropriately and
 Date of report.- Refers to the date when the
correctly; and information report is accomplished by the
 The report should avoid slang, colloquialism originating personnel.
or unnecessary technical terms.  Subject- contains as succinctly as possible
the name or description of the matter (s)
Requisites of Good Investigation Report:
reported upon.
 Accuracy. The report should be a true  Date of information- Give here the date (s)
representation of the facts to the best of the when each particular information was
investigator’s ability. Information both favorable obtained by the reporting officer.
and unfavorable to the suspect should be  Date Acquired- Place here the date (s) when
each item of information was obtained by
included. Information should be verified by
the reporting officer.
  Place Acquired- Give here the place (s) charges. The person who swears the affidavit is
where each item of information was trustworthy is called an "affiant" and may need to appear
obtained by the reporting officer. in court to testify about their affidavit
 Report Number- Insert here the number of
the report. These reports well be numbered The sworn statement refers to a written statement
from one and so on which will be preceded voluntary executed under oath by any person, a suspect
by the project symbol and the letter I or a witness, which may be taken in a “question and
(demoting information); e.g. CA/I/C42 will answer format” or in a “narrative format (affidavit)”
indicate Information Report Number 42 of
Project “Cobra” (Code Symbol CA). Types of Written Statement
 References (s)- State here any pertinent
reference, whether to previously relate Question and Answer type. It is preferable to narrative. It
information reports and/or reference is easier to developed or prove the essential elements of
material and/or operational reports from an offense through questions and answers. However,
which the information was taken. leading and misleading questions should be avoided in
 Evaluation – State here the degree of the Question and Answer Type.
reliability of the information reported, both
as to source and as to contents by use of Leading Question- suggests to the witness, affiant,
evaluation codes (letters and numbers). informant, respondent or complaint the answer which the
 Attachment (s) – Enumerate here the investigator desires.
different annexes appended and pertinent to
the information report. Misleading Questions – is one which assumes a true
 Source (s) – Describe the source to assist the fact not yet testified to by the witness or suspect or
reader in arriving at an evaluation of the contrary to that which he/she has previously stated
report, while at the same time, for security whereby may be induced to give an answer which
reason, protecting the source’s identity. appears to say more than he/she means.

Body - This will contain a narrative discussion Narrative Type (Affidavit). It is hard for the judge to
of the subject(s) of the information report. This should believe that in a narrative type of confession/statement,
cover the important points of the report proper. Always the subject voluntary dictated all that is in the
try to make the report specific (concise), objective, confession/statement.
complete, clear and accurate. No inclusions, opinions,
analysis and the like should be included here. Affidavit vs. Deposition
Writing an affidavit is similar to giving a deposition. A
Comments - This should include the objective
"deponent" is someone who provides truthful
views of the reporting officer and/or P/A and/or filed
sources as to the significants of the information information during a deposition, which is giving sworn
submitted. evidence
outside of court. Deponents are also called witnesses,
Signature- The Case Officer/Agent will affix
and they provide information before the case goes to
his signature.
trial. In some cases, either side might use the information
at trial
Affidavit is a form of sworn statement made in a
narrative style. It is usually started with a “SCILICET” Reports in PPA
which is usually abbreviated as “S.S.” Post Sentence Investigation. After conviction and
SCILICET- used especially on legal documents, as an sentence, an offender or his counsel files a petition for
affidavit, pleading, etc., to verify the place of action. probation with the trial court, which in turn orders the
probation officer to conduct a post sentence investigation
An affidavit is a sworn written statement from a witness to determine whether or not an offender may be placed
in a case. It is a document that sets out the evidence that on probation.
the witness wants to give. The witness who swears an
affidavit is known as a deponent “Infraction Report” refers to the report submitted by
the Probation and Parole Officer on violations
The document is used in court cases or legal matters. committed by a parolee/pardonee of the conditions of his
Any wrong information or lies can lead to perjury
release on parole or conditional pardon while under Prepositions are part of speech that express the
supervision. relationship between words and phrases of the sentence.
“Summary Report” refers to the final report submitted Conjunctions are words used to join or connect other
by the Probation and Parole Officer on his supervision of words in a sentence.
a parolee/pardonee as basis for the latter’s final release
and discharge. A sentence is a group of words expressing a complete
thought or idea. A complete sentence is made up of a
“Progress Report” refers to the report submitted by the subject and a predicate.
Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision. A summons (also sometimes called a “notice to
appear”) is an official order to appear in court. If you
“Carpeta” refers to the institutional record of an inmate are receiving a summons, it might mean that you have
which consists of his mittimus or commitment order been directly charged with a crime or that someone is
issued by the Court after conviction, the prosecutor’s pressing civil charges against you. You might also
information and the decisions of the trial court and the receive a juror summons, telling you that you’ve been
appellate court, if any; certificate of non-appeal, selected for jury duty. The summons will give you a
certificate of detention and other pertinent documents of specific date to appear in court. Failing to appear can
the case; have legal consequences.
Technical writing then is a form of technical skills and is A subpoena is a document that requests information
used in fields like the military, police, computer industry, that could be useful in a case. If you receive a subpoena,
robotics, finance, consumer electronics, biotechnology, you usually aren’t being charged in the case itself.
and many other fields. The word "Technical” comes However, a judge has determined that you might have
from the Greek word 'techne' that means "skill”. information that could help the proceedings. Just like
with a summons, a subpoena will give you a specific
It is also termed as report writing, which is the giving of date to appear in court. You might also face legal
an account or description of an aspect of a particular consequences if you don’t appear.
art, science, trade, or profession learned by experience,
Types of Subpoena
study, observation, or investigation.
subpoena ad testificandum, the person will have to
Writing is a form of communication, it becomes more
attend and testify at the hearing, the trial of an action, an
effective if the writer must consider two important
investigation conducted by a competent authority, or for
factors: the taking of his deposition (Section 1, Rule 21, Rules of
a. the purpose; and b. the subject Court)
matter. subpoena duces tecum- may require the person
subpoenaed to bring with him books, documents, or
Subject matter refers to the objective information that
other things under his control,
the writer wants to convey; whereas, purpose refers to
the goals that the writer wants to achieve for himself A "jurat" refers to an act in which an individual on a
and his readers after presenting his written output. single occasion:

Nouns- The largest of the parts of speech categories (a) appears in person before the notary public and
constitute nouns. The chart below shows the kinds of presents an instrument or document;
nouns with its corresponding description and examples.
(b) is personally known to the notary public or identified
Pronouns are words that help writers avoid awkward by the notary public through competent evidence of
repetition of nouns. They are used in replacement of identity;
nouns.
(c) signs the instrument or document in the presence of
Antecedents are nouns or words that take the place of the notary; and
nouns for which pronoun stands. The italicized word in
(d) takes an oath or affirmation before the notary public
the examples below is the antecedent of the underlined
as to such instrument or document.
pronoun.
Acknowledgments are usually associated with real
estate conveyances, mortgages, powers of attorney, or
agreements.
Judicial Affidavit Rule:
Components of a Judicial Affidavit
1. Identification of Witness: Name, age,
residence, and other relevant personal
information.
2. Statement of Capacity: Clarification on why
the person is a competent witness.
3. Questions and Answers: A sequential
arrangement of questions and answers, akin to a
direct examination.
4. Attestation Clause: A statement affirming the
truthfulness of the contents.
5. Juror's Oath: Confirmation that the affidavit is
executed under oath.
6. Attachments: Any supporting documents,
exhibits, or evidences.
Legal Requirements
1. Sworn Statement: The affidavit must be a
sworn statement executed before a notary public
or other persons authorized to administer oaths.
2. Signatures: It must be signed by the witness,
and the lawyer who conducted or supervised the
examination.
3. Service to Adverse Party: A copy should be
delivered to the adverse party at least three days
before the pre-trial or preliminary conference,
unless a different period is provided by the
court.
Admissibility and Evidentiary Value
The admissibility of a judicial affidavit is subject to the
discretion of the court. Generally, it is accepted as prima
facie evidence of the facts stated therein. However, the
adverse party has the right to cross-examine the affiant
during the trial.
Penalties for False Statements
Furnishing false statements in a judicial affidavit can
lead to criminal charges such as perjury, and can also
have civil consequences including contempt of court.