FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

CONCEPT AND PRINCIPLES OF CRIMINAL INVESTIGATION

Criminal Investigation - it is an art or science (as well) which deals with the
identity and location of the offender and provides evidence of guilt through criminal
proceedings.
- It Is more an art than a science for it is not governed by rigid rules, but
more often rule by intuition, felicity of inspiration, and to a minor extent, by
chance or luck. (Tradio)

ART
- According to Hans Gross, Criminal investigation is 95% PERSPIRATION, 3%
INSPIRATION, 2% LUCK
SCIENCE
- Criminal Investigation is a SCIENCE because it is based on adequate
preparation and abundance of certain Qualities

 Involves the systematic process of identifying, collecting, preserving,

and evaluating information for purposes of bringing a criminal offender to
justice.
 It Is the collection of facts in order to accomplish the three-fold alms.
 Identify the guilty party;
 Locate the guilty party, and
 Provide evidence of his guilt.

Criminal Investigator
- is a public safety officer who is tasked to conduct the investigation of all
criminal cases as provided for and embodied under the Revised Penal
Code/Criminal Laws and Special Laws which are criminal in nature.
- He is the skilled person who is charged with the duty of conducting criminal
investigation when a crime is committed.

TRAINING:
- The National Forensic Science Training Institute (NFSTI) under the
PPSC, is an institution that trains uniformed personnel of the PNP to become
a certified investigator.
- All investigator in any police unit must be a graduate of prescribed
investigation course (CRIDEC) with a rank of at least P02 or Police Corporal
(pre-requisite to assignment).
SIX CARDINAL POINTS OF INVESTIGATION (5W’s & 1 H)
 WHAT specific offense has been committed? = Nature of crime
 WHERE crime was committed? = Place or location
 WHEN it was committed? = Time and date
 WHOM it was committed? = Persons/s involved
 WHY it was committed? = Reason or motive of committing the crime
 HOW it was committed? = Manner, method or modus operandi

TOOLS OR I’S OF INVESTIGATION

1. INFORMATION - It is the knowledge of facts which the investigator had gathered
from persons or documents, which are pertinent relevant concerning the
commission of criminal activities
TWO GENERAL CLASSIFICATIONS OF SOURCES OF INFORMATION
1. Open Sources - 99% (OVERT)
2. Close Sources -1% (Covert)
SOURCES OF INFORMATION
A. Regular Sources - acquired from open sources, records, files
B. Cultivated Sources - furnished by informant/informer.
C. Grapevine Sources - coming from the underworld characters such
as prisoners or criminals.
FORMS OF INFORMATION
1. Sensory Form - 5 senses
2. Written Form - Affidavits
3. Physical Form - Physical Evidence
2. INTERVIEW AND INTERROGATION
A. Interview defined - it is the simple questioning of a person who
cooperates with the investigator.
B. Interrogation defined - it is a process of obtaining an admission or
confession from those suspects to have committed a crime. It is confrontational in
nature.
3. INSTRUMENTATION - scientific examination of real evidence, application of
instruments and methods of physical sciences in detecting crime. It is the sum total
of the application of all sciences in investigation known as “Criminalistics”.

INFORMER DISTINGUISHED FROM INFORMANT

1. INFORMER - the person who provides information to the police on a
regular basis mainly for purposes of rewards or remuneration
- They are either paid regularly or on a case-to-case basis, or none at
all.
2. INFORMANT- is any person who furnishes the police information relevant
to a criminal case about the activities 2 of criminal or syndicates.
- They provide information to the prober voluntarily without any
consideration.
TYPES OF INFORMANTS
a. Anonymous Informant - one who provides information to law enforcement
while refusing to identify himself or herself
b. Rival-Elimination Informant - gives information to eliminate the rival person
or gang due to competition or other motives such as revenge
c. False Informant - reveals information of no consequence or no value
d. Frightened Informant - motivated by anxiety, he may be one of the lesser
gang members who runs to the police when his gang mates are about to be
involved in dangerous situation or when the gang he belongs is hot on the police
trail. They are considered as the weakest link in the composition of the criminal
chain.
e. Self-Aggrandizing Informant - this kind of informant moves around the center
of criminals, group or syndicate and delight in surprising the police about bits of
information.
f. Mercenary Informant - Sells information. He/she could be one of the members
of the syndicate
g. Double-Crosser Informant - confesses information as an excuse to talk to the
police in order to get more information from them more than he gives
h. Woman Informant - she could be an associate of the syndicate. She uses her
body, charm & beauty to obtain more information.
i. Incidental Informant - individuals who furnish information with no intention of
repeating his services of furnishing information on continuing basis.
j. Casual Informant – individuals who by social or professional position, possesses
or has access to information to the investigation unit, either in response to a
specific request or on his own initiative.
k. Automatic Informants - those by virtue of their official positions are expected
or obligated to furnish information openly to the investigation unit in normal course
of these duty.
l. Recruited Informant - individuals that are selected, trained and utilized as
continues and covert sources of Information concerning specific counterintelligence
targets.
m. Legitimate Informant - operators of legitimate business establishments.
THE ART OF OBTAINING INFORMATION
INTERVIEW - is a conversation with a purpose, motivated by a desire to obtain
certain information from the person being interviewed as to what was done, seen,
felt, heard, tasted, smell or known.
- This is the questioning of a person believed to possess knowledge that is in
official interest to the investigator.
RULES TO BE OBSERVED IN QUESTIONING
a. One question at a time
b. Avoid implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude

INTERROGATION - is the skillful questioning of a hostile person suspecting of

having committed an offense or a person who is reluctant to make a full disclosure
of information in his possession which is pertinent to the Investigation.
Purposes/Objectives of Interrogation
a. To obtain valuable facts.
b. Eliminate the innocent.
c. Identify the guilty party, and
d. Obtain confession

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

LEGAL REQUIREMENTS OF INTERROGATION

The statement of the subject must obtain voluntarily and trustworthy and not
by means or use of threat, fear, coercion, duress or any improper tactics which will
vitiate the free will of the subject.

MIRANDA DOCTRINE - this case which entitled Miranda vs. Arizona, is a US

Supreme Court Jurisprudence which laid down the constitutional rights of the
accused during custodial investigation. It was incorporated in our 1973 Constitution
and later in 1987 Constitution of the Philippines.

Sec. 12, Art. III of 1987 Philippine Constitution

1. Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel. (Miranda Doctrine)
2. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.

Custodial Investigation - any questioning initiated by law enforcement officers

after the person has been taken into custody or otherwise deprived of his freedom
of action in any significant way.
- The questioning of the suspect or person believed to have been committed a
crime after he was taken into custody.

REPUBLIC ACT NO. 7438 - Rights of the Person Arrested, Detained or under
Custodial Investigation:
 Right to remain silent.
  The right to have a competent and independent counsel, preferably of his
own choice who shall at all times be allowed to confer privately with the
person arrested, detained, or under custodial investigation
 If such person cannot afford the service of his/her counsel, he must be
provided with a competent and independent counsel by the investigating
officer
 Shall be allowed visits by or conferences with any members of his immediate
family

CONFESSION AND ADMISSION

Confession - It is the direct acknowledgement of guilt arising from the
commission of a crime. A statement of the suspect directly acknowledging his guilt.
Admission - A self-incriminatory statement by the subject falling short of an
acknowledgment of It is the acknowledgement of fact or circumstance without
accepting guilt
Effects of confession:
a. May be given in evidence against him in the investigation or trial of the
offense with which he is charge.
b. May be given to prove the quilt of his companions but it will pass a lot of
organization and debate.
Types of Confession
1. Judicial Confession - made by the suspect/accused in open court
2. Extra-Judicial Confession - made by the suspect during custodial investigation
this must be supported by evidence of “Corpus Delicti”
RULES TO BE OBSERVED IN TAKING EXTRA-JUDICIAL CONFESSION OR
ADMISSION
1. Must be taken preferably in writing and under oath
2. It Must be written in the language known and understood by the accused,
if not it must be dearly translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent
and independent counsel chosen by the accused
5. Signed by the confessant or thumb marked

PHASES OF INVESTIGATION
The main objectives of a police investigator, is to gather all facts in order to:
PHASE 1. IDENTIFY THE SUSPECT/S through
1. Confession;
2. Eyewitness testimony;
3. Circumstantial evidence; and
4. Associative evidence
PHASE II. LOCATE AND APPREHEND THE SUSPECT/S
PHASE III. GATHER AND PROVIDE EVIDENCE to establish the quilt of the
accused. In proving the guilt of the accused in court, the fact of the existence of the
crime must be established, the accused must be identified and associated with the
crime scene, competent and credible witnesses must be available, and the physical
evidence must be appropriately identified. The investigator must know by heart the
elements of a specific crime.
Kinds of Criminals Identified by Witnesses:
a. Known Criminals (Fugitive) – these are criminals whose pictures are available
from police files and records.
b. Unknown Criminals (Fugitive) - these are criminals whose identification are
furnished by eyewitness only.
 Methods of Identification by witness
a. Portrait Parle (Verbal description) - French word of “speaking
likeness”, depends on the ability of the witness to observe, describe and compare.
b. Rogues Gallery - the use of photographic files, successful if there is an
existing photograph of the suspect on police files
c. General Photograph - variety of facial types showing different features of
the face is presented to the witness by the investigator.
d. Artist/Cartographic sketch - the witness and prober develop a picture of
the criminal with the help of skilled cartographer. (Composite Criminal
Illustration)
Procedures of identification by eyewitnesses:
a. Physical line-up - is a means of selecting a suspect mixed with a group of
innocent persons usually composed of seven to ten persons. The purpose of line-up
is to eliminate the power of suggestion.
b. Physical show-up - only one person is shown to the witness usually at the
scene of the crime and made immediately after the arrest of the suspect.

GENERAL PRINCIPLES OF CRIME SCENE INVESTIGATION

CRIME SCENE - A venue or place where the alleged crime/incident/event has been
committed and the most valuable physical evidence can be found.
a. Primary Scene where original or first criminal act occurred;
b. Secondary Scene any places associated with but other than primary crime
scene. In terms of several crime scene, the area where the corpse of the victim was
dumped is considered as secondary crime scene.

What constitute a Crime Scene?

A. All areas in which the criminal, any possible victim, and any eyewitness move
during the time the crime was committed
B. The boundaries must be established so that the entire crime scene, the area
where the corpse of the victim was dumped is considered as secondary crime scene
C. However, in some crimes, the crime scene may actually comprise several
different sites

LOCARD’S EXCHANGE PRINCIPLE:

(Edmond Locard)
- when two objects some into contact, there is always a transfer of material
from one to another. It states that whenever someone enters or exits an
environment, something physical is added to and removed from the scene

KINDS OF EVIDENCE
1. DIRECT EVIDENCE - It establishes a Tact without the need to refer to inferences
or implications.
2. CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone
or in connection with other facts, the identity of the person can be inferred.
When may circumstantial evidence be sufficient to produce conviction?
a) when there is more than one circumstance
b) when the facts from which the inferences derived are proven
c) when the combination of all the circumstances is such as to produce a conviction
beyond a reasonable doubt.

What must be inferred to prove identity by circumstantial evidence?

a. Motive - is what induces the criminal to act
b. Intent is the result or accomplishment of the act
c. Opportunity is the physical possibility that the suspect could have committed the
crime

It could be inferred from the following:

a. The suspect could have been in the vicinity of the crime scene at the time it was
committed
b. Knowledge of the criminal objective
c. Absence of an alibi on the part of the criminal
PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS
1. CORPUS DELICTI - is the body of the crime or fact of specific loss or
injury sustained. It constitutes the essential parts or elements in the commission of
the crime.
2. ASSOCIATIVE EVIDENCE - these are the pieces of evidence that will link
the suspect to the crime scene. The suspect may leave some clues at the scene
such as weapons, tools, garments.
3. TRACING EVIDENCE - articles which assist the investigator in locating the
criminal. Stolen goods in the possession of the suspect in an example of tracing
evidence.

Crime Reenactment - the process by which written confession of the accused is

used as a script in describing the events of the crime.
Crime Scene Reconstruction - the assessment made by the investigator after the
crime scene investigation, of how the crime is committed.
a. Physical Reconstruction - Physical appearance of the crime scene
reconstructed from the description of the witness and the indication of the physical
evidence.
b. Mental Reconstruction - after physical reconstruction, conclusions are
made about the consistency of the accounts of the various witnesses. No
assumption is made without supporting evidence

What are the components of the crime scene situation which should be
analyzed?
- Suspect arrival at the scene and place of entry, movement of suspect from
the point of entry and his contact with the victim, and place of exit.

CRIME SCENE INVESTIGATION - is a comprehensive Inquiry of a crime by

conducting systematic procedure of various investigative methodologies which
involves recovery of physical and testimonial evidence for the purpose of identifying
the witnesses, and arrest of perpetrator(s) for prosecution

When does CSI commence?

- CSI shall technically commence upon the arrival of the FRs and conclude
with the lifting of the security cordon and release of the crime scene by the
OIC.
Scene of the Crime Operation (SOCO) – a unit within the PNP which is
responsible in processing significant crime scene which are sensational in nature.
First Responders (FRs) - the very first person to arrive and respond at the crime
scene
 - Must be able to property preserve the crime scene in order to get maximum
scientific information that will help in the successful prosecution of the
perpetrator of the crime.
The four priorities of the FR’s upon arrival at the scene:
 To give first aid; or try to save life, possible
 To apprehend the suspected offender
 To protect and if necessary, collect and preserve evidence
 To cordon off and protect the area; investigative
The First Responder shall:
 Cordon off crime scene with whatever available materials like ropes, straws,
human barricade, police line:
 Evacuate injured persons to the nearest hospital:
 Prepare to take “dying declaration of severely injured person with the
following requisites:
6. That death is imminent and the declarant is conscious of the fact
7. That the declaration refers to the cause and surrounding circumstances of such
death
8. That the declaration refers to facts which the victim is competent to testify to;
and
9. That the declaration is offered in a case where the declarant’s death is the
subject of inquiry.
 Prevent entry/exit of persons within the cordoned area; and
 Prepare to brief the CSI Team Leader of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER

A. RECEIPT OF BRIEFING AND DESIGNATION OF COMMAND POST
Command Post - an area which, is ideally located adjacent to the Crime
Scene where the CSI Evidence Custodian stays and receives the pieces of evidence
turned over to him for safekeeping by the other evidence collectors.
B. INITIATION OF PRELIMINARY SURVEY (TEAM LEADER OF CSI OR SOCO)
 Makes a general assessment of the scene;
 Takes a cautious walk through of the crime scene;
 Takes down extensive note to document important factors;
 Establishes the evidence most likely to be encountered;
 Defines the extent of the search area;
 Determines the personnel and equipment needed and makes specific
assignments; and
 From his assessments, he developed a general theory of the crime scene
C. PREPARATION OF NARRATIVEE REPORT
The Team leader uses the systematic approach in making a narrative report.
D. CRIME SCENE DOCUMENTATION
GOLDEN RULE AT CRIME SCENE INVESTIGATION
“Never touch, move, or alter any object at the crime scene unless it has been
photographed, measured, and sketched from any conceivable angle”
MAC RULE
Do not:
M - Move or Mutilate
A - Alter
C- Change or Contaminate the crime scene.

Crime Scene Documentation

1. Note Taking
2. Photographing
3. Videography
4. Sketching

CRIME SCENE PHOTOGRAPHY:

It is conducted to create an accurate, objective, visual and permanent record
of the crime scene before any item is moved or removed as possible physical
evidence. It is recommended to take as many photographs as you can be giving
emphasis to possible physical evidence.
Guidelines for taking photographs of a Crime Scene:
 Photograph should be taken as soon as possible, before note taking,
sketching or a search for evidence begins.
 It must show the original, uncontaminated condition of the crime scene.
 Photograph of the crime scene only should be taken without spectators or
police personnel.
 It must form an organized sequence and show all relevant location & object.
 It must be taken from general to specific

THREE MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range - photograph of the over-all scene. It will depict
the location of the crime.
Distance: From the doorway to the room and other corners of the room
2. Mid-Range View - shows the nature of the crime
Distance: 8 or 10 ft. from the victim
3. Close-up View - shows the details of the crime
Distance: 5 ft. or less from the subject/object

CRIME SCENE SKETCH

- It is the graphic representation of the scene of the crime with complete
measurements of the relative distances of relevant object and conditions:
obtaining therein.
General Kinds of Sketch:
1. Rough Sketch - it is made by the investigator at the crime scene which is full of
important details but without scale of proportion.
- Basis for the finished sketch
- It is the first pencil-drawn outline of the scene and the location of objects
and evidence within its outline.
2. Finished Sketch - is often drawn by a draftsman to show proper relationships
and scales. The finished sketch is more presentable for court room
presentations.

ELEMENTS OF SKETCH
Measurement
Compass direction
Essential items
Scale and proportion
Legend
Title

SPECIFIC KINDS OF SKETCHES

 Sketch of Locality/Neighborhood Sketch - give picture of the scene, the
crime and its environs, including neighboring buildings, roads, etc.
  Sketch of the Ground/Floor Plan/Overview - picture of the scene of the
crime with its nearest physical surrounding
 Sketch in Details - the immediate scene only.
 Exploded/Cross Projection – gives the clear impression of the scene in
cases where blood stains or bullet holes are found.

TYPES OF MEASUREMENT
1. Rectangular Method - this method uses two walls in a room as fixed points,
from which distances are measured at right angle to the object.
2. Triangulation Method - an object is located by drawing two straight lines from
two fixed points creating a triangle; the object is in an angle formed by the line. This
sketching method requires measuring the distance of an object along a straight line
from two widely separated fixed reference points.
3. Baseline Method- a sketching method that makes measurements along from a
single reference line, called a baseline, which can be established by using a length
of string, chalk line, or some other convenient means.
4. Compass Point Method- a sketching method that requires a protractor or some
method of measuring angles between two lines. One point is selected as the origin
and a line extending from the origin becomes an axis from which the angles can be
measured.
5. Cross projection method - a sketching method in which the ceiling appears to
open up like a lid of a hinged box, with the four walls opening outward.
Measurements are then indicated from a point on the floor to the wall.
6. Azimuth/Polar Coordinates - this method requires two people; one hold each
end of a tape measure. This is best suited for large pen areas where there might not
be any reference points by using a handheld GPS (Global Positioning System)

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photographed
and sketched to systematically look for physical evidence that may prove useful in
establishing that a crime has been committed and to determine what method of
operation the perpetrator may have used.
METHODS OF CRIME SCENE SEARCH
a. Strip or Line Search Method – The three (3) searchers A, B, C, proceed slowly
at the same pace along the path parallel to one side of the rectangle.
b. Double Strip or Grid Method - is a modification of the strip search and is
useful for large crime scene, particularly outdoor scenes.
c. Spiral/Circular/Concentric Method – the searchers will follow each other in the
path of a spiral, beginning in the outside and spiraling towards the center or vice
versa in a clockwise or counter-clockwise direction.
d. Zone/Quadrant/Sector Search Method - the area to be searched is divided
into four quadrants and each searcher is assigned to one quadrant.
e. Wheel Search Method/Pie, Radial or Spoke Method - is applicable for area
which is considered to be approximately circular or oval. The area is then divided
into six quadrants in a pie-like fashion. The searchers gather at the center and
proceed outward.

E. NOTES TAKING
Note taking must be a constant activity throughout the processing of the
crime scene. Notes must include:
 Detailed written description of the Crime Scene with locations of
recovered physical evidence;
 The time when the physical evidence was discovered;
 The person who discovered and collected the physical evidence
 The time when evidence was packaged and marked, and
 The disposition of the item when it was collected
F. COLLECTION OF PHYSICAL EVIDENCE
The competence to recognize and property collect physical evidence is
critical to both solving and prosecuting crimes
The team leader is always informed of significant evidence located. These
evidence collectors shall put his initial, location and date of collection on the item
and turn it over to the evidence custodian for documentation and safekeeping.

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

COLLECTION, MARKING, TAGGING AND PRESERVATION OF EVIDENCE:

I. Collection of Evidence this is accomplished after the search is
completed; rough sketch finished and photographs taken.
II. Marking of Evidence any physical evidence obtained must be marked or
tagged before its submission to the evidence custodian. The investigator places his
initials, the date and time of the discovery on each item of evidence for proper
identification. Markings on the specimen:
4. Exhibit Case Number
5. Initials & Signature of the Collecting Officer
6. Time & date of collection
Note: It is also important to include the place or location where the evidence was
collected
III. Tagging of Evidence - this is done through movable object’s wherein
marking on any of its surface is not possible. Tag must contain the markings and
other information about the specimen.
IV. Preservation of Evidence - it is the investigator’s responsibility to
ensure that every precaution is exercised to preserve physical evidence in the state
in which it was obtained/recovered until it is released to the evidence custodian

CHAIN OF CUSTODY - It is the number of persons who handled and possessed the
pieces of evidence the moment they were collected, marked and tagged, up to the
time of the final disposition of the case.
METHODS OF MARKING SPECIFIC KINDS OF EVIDENCE
1. GUNS:
 Revolver - frame, butt, cylinder, barrel and stock.
 Rifles - barrel, frame, bolt or slide.
 All magazines and accessories shall also be marked.
2. REVOLVER CYLINDER - the chamber facing the firing pin must be marked as
soon as it is open for examination.
Note: The direction of the rotation of the cylinder must also be sketched and noted.
e.g. Colt clockwise while 5 & W counter clockwise direction.
3. FIRED EMPTY SHELLS - fired empty cartridges inside the mouth, in case of 22
call on the side of the body of the shell
4. BULLETS OF SLUG - Ogive or nose avoiding the land and groove. They could
also be marked on the base
Procedures needed for the care of physical evidence:
1. The article must be property identified
2. Chain of custody must be proven
3. The evidence must be material and relevant

G. CONDUCT OF FINAL SURVEY

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

H. RELEASE OF THE CRIME SCENE

The release of the crime scene is done if the investigator is satisfied that all
pieces of evidence have been recovered. Thus, the investigator must evaluate the
items recovered from the results of the interrogations of the suspects and the
interview of the witnesses. He must bear in mind that upon the formal release of
the prime some to the proper authority, the warrant is already required for his re-
entry to the crime scene.

RULE 126
Search and Seizure
Section 1. Search warrant defined. A search warrant is an order in writing
issued in the name of the People of the Philippines, signed by a judge and directed
to a peace officer commanding him to search for personal property described
therein and bring before the court. (1)
Section 2. Court where application for search warrant shall be filed -
An application for search warrant shall be filed with the following:
a. Any court whose territorial jurisdiction a crime was committed
b. For compelling reasons stated in the application, any court within
the judicial region where the come was committed if the place of the
commission of the crime is known, or any court within the judicial region
where the warrant shall be enforced However, if the criminal action has
already been fled, the application shall only be made in the court where the
criminal action is pending.

Section 3. Personal property to be seized. A search warrant may be

issued for the search and seizure of personal property: (a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense, or (c) Used or
intended to be used as the means of committing an offense (23)
Section 7. Right to break door or window to effect search. The officer,
& refused admittance to the place of directed search after giving notice of his
purpose and authority, may break open any outer or inner door or window of a
house or any part of a house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully detained therein. (6)
Section 8. Search of house, room, or premise to be made in presence
of two witnesses-No search of a house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof or any member of his family
or in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality. (7a)
Section 9. Time of making search. The warrant must direct that it be
served in the day time, unless the affidavit asserts that the property is on the
person or in the place ordered to be searched, in which case a direction may be
inserted that it be served at any time of the day or night.
 Section 10. Validity of search warrant. A search warrant shall be valid for
ten (10) days from its dare. Thereafter it shall be void.

SEARCH AND SEIZURE WHEN VALID WITHOUT A WARRANT WARRANTLESS

SEARCH INCIDENTAL TO LAWFUL ARREST
This is recognized under Section 12. Rule 175 of the Rules of Court, and by
prevailing jurisprudence. In searches incident to a lawful arrest, the arrest must
precede the search, generally, the process cannot be reversed. Nevertheless, a
search substantially contemporaneous with an arrest can precede the arrest if the
police have probable cause to make the arrest at the outset of the search.
SEIZURE OF EVIDENCE IN “PLAIN VIEW” Under the plain view doctrine, objects
falling in the plain view of an officer who has a right to be in the position to have
that view are subject to seizure and may be presented as evidence The plain view
doctrine applies when the following requisites concur: (1) law enforcement officers
in search of evidence have a prior justification for an intrusion or are in a position
from which they can view a particular area; (2) the discovery of the evidence in
plain view is inadvertent; and (3) it is immediately apparent to the offers that the
item they observed may be evidence of a crime, a contraband or is otherwise
subject to seizure.
SEARCH OF A MOVING VEHICLE a warrantless search of a moving vehicle is
justified on the ground that it is not practicable to secure a warrant, because the
vehicle can be quickly moved out of the locality or jurisdiction in which the warrant
is sought.
CONSENTED WARRANTLESS SEARCH It is fundamental that to constitute a
waiver, it must first appear that (1) the right exists; (2) the person involved had
knowledge, either actual or constructive, of the existence of this right; and (3) that
person had an actual intention to relinquish the right.

CUSTOMS SEARCH It has been traditionally understood that persons exercising

police authority under the customs law may effect search and seizure without a
search warrant in the enforcement of customs laws.
STOP AND FRISK A “stop and frisk” situation, also known as the Terry search,
refers to a case in which a police officer approaches a person who is acting
suspiciously for the purpose of investigating possible criminal behavior, in line with
the general interest of effective crime prevention and detection.

INTELLIGENCE DEFINED
According to Government Commission Task Force – It means the
collection, processing, collation, interpretation, evaluation and dissemination of
information, with references to national security. In certain context, it may also
mean the network or the system for the collection, collation, Interpretation,
evaluation, processing, and dissemination of information. “The term as used here
doesn’t include any police powers or authorities, any legislative function other than
those involve in the collection of information nor any function involved in the
enforcement of laws, orders, or regulation.
According to Military Terminologies - Intelligence is the end product
resulting from the collection, evaluation, analysis, integration and interpretation of
all available information which may have immediate or potential significance to the
development and execution of plans, policies and programs of the users.
According to Police Parlance - The end product resulting from the
collection, evaluation, analysis, Integration interpretation of all available information
regarding the activities of criminal and other law violators for the purpose of
affecting criminals and other law violators for the purpose of affecting their arrest,
obtaining evidence, and forestalling plan to commit crime.

“Principles of Intelligence”
1. Intelligence and operation are Interdependent, Intelligence provides
valuable inputs for effectiveness of police operation on the other hand operation
likewise is needed for continuity of intelligence activities. Operation and intelligence
planners work hand and hand to attain greater degree of success in their common
effort.
2. Intelligence must be useful. It should have an application and significance to
the operation.
3. Intelligence must be available on time. Intel data must be disseminated on
time because late arrival is as good as useless.
4. Intelligence must be flexible Intelligence, Operations must be changeable
according to the present situation, condition and other factors.
5. Intelligence requires continuous security measures, deny unauthorized
personal information about operation and intelligence product, its source and
organization itself. In the handling of classified materials there should be a working
balance between secrecy and operational convenience.

Functions of Intelligence in General

Today all counties have their intelligence services. They may be different in
their organization, efficiency and method but they all have the basic functions such
as:
 The collection or procurement of information
 The evaluation of the information which then become intelligence
 The dissemination of intelligence to those who need it.
 Counter intelligence or negative intelligence, which is dedicated to the
concealment and protection of one’s own information from the adversary
intelligence operation. It is a defensive function of intelligence.

CRITERIA, DOCTRINES, AND PRINCIPLES OF INTELLIGENCE

Criteria
a. Universality of application - it should apply to as many phases and
aspects of intelligence as possible. It should guide not only the production of
intelligence but also the concomitant activities essential to the process as well as
the organization and the thought and actions of the individual composing it.
b. It must be broad - it should form the basis for a formulation of corollary
and subsidiary guides.
c. It must be important, indeed essential, to intelligence - if a guide is
truly important and essential, then its violations should bring its own immediate
penalties.

Doctrines
a. There exists an essential unity between knowledge and action; that
knowledge enhances the effectiveness of action and minimizes the chances of error.
b. “The knowledge requirements of decision-making are complex and beyond
the capacities of anyone necessary to meet their requirements.”

Principles
1. Objectivity - in intelligence, only the well-guided succeed. It is a basic
intelligence concept that there must be unity between knowledge and action. It
follows therefore that intelligence should interact and condition the decision.
Intelligence must be adapted to the needs of the decision; it is both giver and taker.
Action or decision is planned by knowledge and guided by it at every step.
2. Interdependence - Intelligence is artificially subdivided into component
elements to ensure complete coverage, eliminate duplication and to reduce the
overall task or manageable sizes. Nevertheless, each subdivision remains as
essential part of unity, contributes proportionately to the end result; possesses a
precise interrelationship, and interacts with each other so as to achieve a balanced
and harmonious whole.
3. Continuity - Intelligence must be continuous. It is necessary that
coverage be continuous so that the shape of what happens today could be studied
in the light of what happened before, which in turn would enable us to predict the
shape of things to come.
4. Communication – Intelligence adequate to their needs must be
communicated to all the decision makers in manner that they will understand and
form that will permit its most effective use.
5. Usefulness - Intelligence is useless if it remains in the minds, or in the
files of its collectors or its producers. The story must be told and it must be told
well. The story must be convincing and to be convincing it must not only be
plausible or factual but its significance must be shown.
6. Selection - Intelligence should be essential and pertinent to the purpose
at hand. Intelligence involves the plowing through a maze of information,
considering innumerable number of means or of picking the most promising of a
multitude of leads. The requirement of decision-making covers very nearly the
entire span of human knowledge. Unless there is selection of only the most
essential and the pertinent, intelligence will go off in all directions in one
monumental waste of effort
7. Timeliness - Intelligence must be communicated to the decision maker at
the appropriate time to permit its most effective use. This is one of the most
important and most obvious, for Intelligence that is too soon or too late are equally
useless. Timeliness is one principle that complements all the others.
8. Security - Security is achieved by the measures which intelligence takes
to protect and preserve the integrity of its activities. If intelligence has no security,
it might be as well being run like a newspaper to which it is similar.

General Activities in Police Intelligence

1. Strategic Intelligence - it is an intelligence activity which is primarily long
range in nature with little practical immediate operation value
2. Line Intelligence - it is an intelligence activity that has the immediate nature
and value necessary for more effective police planning and operation.
3. National Intelligence - it is the integrated product of intelligence developed by
all the governmental branches, departments concerning the broad aspect of
national security and policy. It is concerned to more than one department or agency
and it is not produced by single entity. It is used to coordinate all the activities of
the government in developing and executing Integrated and national policies and
plans.
4. Counter-Intelligence - phase of intelligence covering the activity devoted in
destroying the effectiveness of hostile foreign activities and to the protection of info
against espionage, subversion and sabotage.
5. Undercover Work - is an investigative process in which disguises and pretext
cover and deception are used to gain the confidence of criminal suspects for the
purpose of determining the nature and extent of any criminal activities that maybe
contemplating or perpetuating.

Functional Classification of Police Intelligence

1. Criminal Intelligence - refers to the knowledge essential to the prevention of
crimes and the investigation, arrest, and prosecution of criminal offenders.
2. Internal Security Intelligence - refers to the knowledge essential to the
maintenance of peace and order.
3. Public Safety Intelligence - refers to the knowledge essential to ensure the
protection of lives and Properties.
Forms of Intelligence
1. Sociological Intelligence – deals with the demographic and psychological
aspects of groups of people. It Includes the population and manpower and the
characteristics of the people, public opinion attitude of the majority of the people
towards matter of public policy and education.
2. Biographical Intelligence - deals with individual’s personalities who have
actual possession of power.
3. Armed Force Intelligence - deals with the armed forces of the nation. It
includes the position of the armed forces, the constitutional and legal basis of its
creation and actual role, the organizational structure and territorial disposition, and
the military manpower recruitment and Order of Battle
4. Geographical Intelligence - deals with the progress of research and
development as it affects the economic and military potential of a nation.

KINDS OF INTELLIGENCE
A. Strategic Intelligence - as defined earlier, it is an intelligence data that are not
of an immediate value. It is usually descriptive in nature, accumulation of physical
description of personalities, modus operandi. It does not have immediate
operational value but rather long range that may become relevant to future police
operations.
B. Line Intelligence - It is the kind of intelligence required by the commander to
provide for planning and conduct tactical and administrative operation in counter
insurgency. This pertains to knowledge of People, Weather, Enemy and Terrain
(PWET) used in planning and conducting tactical and administrative operation in a
counter insurgency.
Intelligence information to be determined in Line Intelligence are:
People - living condition of the people, sources of income, education of the
people, government livelihood projects, extent of enemy influence to the people
Weather - visibility, cloudy, temperature, precipitation (rain), wind
Enemy - location of the enemy, strength of the enemy, disposition, tactical
capability, enemy vulnerability.
Terrain – relief and drainage system, vegetation, surface material, man-
made features. There are military aspects of terrain which includes cover and
concealment, obstacle, critical key terrain features, observation and fields of fire,
and avenues of approach.
C Intelligence (CI) - this kind of intelligence covers the activity devoted in.
Counter destroying the effectiveness of hostile foreign activities and to the
protection of info against espionage, subversion and sabotage. Hence, the three
activities of CI are: protection of information against espionage; protection of
personnel against subversion; and protection of installations and material against
sabotage.
Counter Intelligence is also known as Negative Intelligence a generic term
meaning three different things;
Security Intelligence - means that the total sum of efforts to counsel the
national policies, diplomatic decisions, military data, and any other information of a
secret nature affecting the security of the nation form unauthorized persons. It is an
effort to deny information to unauthorized persons by restricting to those who are
explicitly authorized to possess it.
Counter-Intelligence - counter intelligence is the organized effort to protect
specific data that might be of value to the opponent’s own intelligence organization.
Some of its functions are: Censorship of the following: correspondence, broadcast,
telecast, telephone conversations, telegrams and cables, etc., prevention of the
dissemination of any information that might aid an opponent; maintenance of files
of suspect, surveillance of suspects; mail reading, wiretapping and recording,
infiltration of the enemy Intelligence organized to procure information about its
method, personal, specific operations and interest
Counter-Espionage - in counter-espionage, negative intelligence becomes a
dynamic and active effort. Its purpose is to investigate actual or theoretical violation
of espionage laws, to enforce those laws and to apprehend any violators.
 Five Categories of CI Operation
1. Military Security - it encompasses the measures taken by a command to
protect itself against espionage, enemy operation, sabotage, subversion or surprise
2. Port Frontier and Travel Security - has to do with the application of both
military and civil security measures for CI control at point of entry and departure,
international borders or boundaries.
3. Civil Security - it encompasses active and passive CI measures affecting the
non-military nationals permanently or temporarily residing in an area under military
jurisdiction.
4. Censorship - it is the control and examination of the civil, national, armed
forces, field press, and POWs.
5. Special Operations - counter subversion, sabotage and espionage

Counter Intelligence (CI) Operation

1. Counter Human Intel (HUMINT) - seeks to overcome enemy attempts to use
human sources to collect information or to conduct sabotage and subversion which
includes CI special operations, liaison, counter security, and CI screening.
2. Counter Imagery Intel (IMINT) - includes action taken to determine enemy
SIGINT and related enemy weaknesses, capabilities and activities. These actions
include surveillance radar, photo thermal and infrared systems. Successful counter-
IMINT operations rely heavily on pattern and movement analysis and evaluation of
the enemy.
3. Counter Signal Intel (SIGINT) - determines enemy SIGINT and related enemy
weaknesses, capabilities and activities, assess friendly operations to identify
patterns, profiles and develop, recommend and analyze counter measures.

THE INTELLIGENCE CYCLE

The single most important part of intelligence activity is understanding the
intelligence cycle because MISSION, which is the core of the cycle, serves as the
foundation of all intelligence operations. Every operative must therefore place into
mind the following phases of the cycle:
PHASE 1-Planning the Collection Effort
This phase of the cycle involves the determination of the requirements of
intelligence. It is concerned with identifying the so-called Essential Element of
Information (EEI) item of intelligence or information of the characteristics of the
area of operations and the enemy, which the commander feels he needs before he
needs before he can reasonably arrive at a decision.
With this, the intelligence officer must have a thorough knowledge of the
available sources of information, the collecting agencies and type of info the latter
can provide. He must understand the operations of the command in order to
provide the particular Intel required for success. He must have a thorough
knowledge of the tactics, organizations, and characteristics of the enemy and be
especially competent in the fields of acquisition of operations.

Categories of Intelligence Requirements

In relation to use
a. Executive - information required by executive, governmental and military
commanders; the executive requirements are the basis for decisions and national
policy making.
b. Contributory - information required to complete the staff process makes
staff plans and estimates that contribute to the decision and policy making.
c. Operational - additional intelligence required in planning and carrying out
effectively the decision or policy announced. Decisions and policy require
implementation.
 d. Collateral - higher or adjacent echelons of the government or military
establishment may require information.

In relation to type
a. Basic - general reference materials for use in the planning regarding the
enemies, area of operations, capabilities - static comprehensive.
b. Current - information which is temporary in nature and narrower in scope.
c. Estimative - determines the future courses of action, required by the
executives to plan future military operations and policies.

PHASE 2-Collection of information

This phase of the cycle is concerned with identification of the collecting
agency, the formulation of procedures on the manner of collecting the information
in conjunction with the plans as achieved in phase one
Selection of Collecting Agencies
a. List all available sources, exploit the collecting agencies.
b. Collection will be assigned in accordance with capabilities;
c. Collection directives prepared once the proper collecting agency has been
selected to exploit a particular source:
d. Collection directives do not limit the activities of the collecting agency,
e. Criteria for the selection of collecting agency; suitability, capability, confirmation,
timeliness and balance.
Purpose of the Collection Plan
a. To ensure logical and orderly analysis of the intelligence requirements.
b. To establish a workable collection scheme based on the analysis of the
intelligence requirement.
c. To provide definite and precise directives to collecting agencies
d. To avoid possibility of omission, conflict or unnecessary duplication of collection
effort.
Steps in Developing a Collection Plan
a. List the requirements in the order of priority
b. Breaks the requirements into indication - any evidence of actual or potential
enemy activity or characteristic of an area of operation enemy activity or
characteristic of an area of operation, habitual activities need experience.
c. Fit those indications into existing situations - critical clues, security measures,
attack, defense, etc.
d. Basis for development for specific collection directive-designed to exploit to the
fullest the collection directive, guide doesn’t limit.
e. Selection of Collecting Agencies - criteria for selection-suitability, capability,
confirmation, timeliness and balance. Designation of particular time and place that
the required information is to be reported.
Factors in choosing Collection Agent
In choosing collection agents, they must be selected according to their
capability- agents’ placements or access to the target; multiplicity-more agents;
and balance the number of agents needed per operation.
a. Methods of Collection - collection of information can be done through overt
method (open system) or covert method (secret/clandestine).
b. Collecting Agencies depending on the type of operation, the collecting agency
could be Government Agencies, Intelligence units, or Organizations
c. Trade Crafts includes the use of photography, investigations/elicitation /
interrogation, surveillance, sound equipment, surreptitious entry – keys and locks,
use of an artist, communication

PHASE 3-Processing the Collected Information

 This phase of the cycle is concerned with the examination and collation of all
collected information.
Steps in Processing Raw Information
1. Collection - organization of raw data and information into usable form; grouping
similar items of information so that they will be readily accessible.
2. Recording - is the reduction of information into writing or some other form of
graphical representation and the arranging or this information into writing or some
form of graphical representation and the arranging of this into groups of related
items.
 Police log book and Journal
 Intel-work Sheet – Intel Files
 Situation Maps-Rouges Gallery
 Modus Operandi Files
Evaluation - examination of raw information to determine intelligence value,
pertinence of the information, reliability of the source and agency, and its credibility
or truth of information. Evaluation is the determination of the pertinence of the
information to the operation, reliability of the source of or agency and the accuracy
of the info. Evaluation determines the following:
Pertinence - does it hold some value to current operation? Is it needed
immediately? Reliability- judging the source of info of agency
Credibility - truth of information. Is it possible for the reported fact, or event to
have taken place? Is the report consistent within itself? Is the report confirmed or
corroborated by Information from different sources or agencies? If the report does
not agree with information from other sources which one is more likely to be true?

The Evaluation Guide

ACCURACY OF RELIABILITY OF SOURCE OF

INFORMATION INFORMATION INFORMATION
(CPROPODIT) (CUFNUR)

1 - CONFIRMED by other A – COMPLETE RELIABLE T – Direct Observation by

sources Commander of Unit

2 – PROBABLY TRUE B – USUALLY RELIABLE

U – Report by DPA or
Resident Agent
3 – POSSIBLY TRUE C – FAIRLY RELIABLE V – Report by PNP/AFP
Troops
4 – DOUBTFULLY TRUE D – NOT USUALLY W – Interrogation of
RELIABLE Captured Enemy
5 – IMPROBABLE E – UNRELIABLE X – Observation of gov’t/
civilian employee
6 – TRUTH cannot be F – RELIABILITY cannot Y/Z -Documentary
judged be judged

3. Interpretation - it is establishing the meaning and significance of the

information. It involves the following activities:
 Analysis - shifting and isolating those elements that have significance in
light of the mission or national objective.
 Integration - combining the elements isolated in analysis and known
information to form a logical picture or theory.
 Deduction - the formulation of conclusions from the theory developed,
tested and considered valid – determination of effort and meaning of the
information.
PHASE 4-Dissemination and Use of Information
This phase of the cycle refers to the activities of transferring the processed
Information to the proper users, most particularly the authority that requires the
activity. Processed information can be disseminated through annexes, estimates,
briefing, message, reports, overlays, and or summaries.
The criteria that must be observed in dissemination are:
1. Timeless - must reach the users on time to be of value. It must be disseminated
in accordance with the used urgency and must reach the user in sufficient time to
be
2. Propriety - the message must be dear, concise and complete, as well as in the
proper form for the receiver to readily understand its contents. It must be
disseminated to the correct user, presented in a form that lends itself to immediate
use and distributed by the most effective means appropriate to both time and
security requirements.

Methods of Dissemination
1. Fragmentary orders from top to bottom of the command
2. Memorandum, circulars, special orders
3. Operations order, oral or written
4. Conference-staff members
5. Other report and intelligence documents
6. Personal Contact

Who are the users of intelligence?

1. National leaders and military commanders-formulation of national policies.
2. Advisors and Staff preparations of plans and estimates
3. Friendly nations or other branches of the armed forces.
4. Processor-basis for evaluation and interpretation.
5. Head/chairman of an organization
6. Any person with authority for purposes of planning.

INFORMATION AND ITS SOURCES

Information
Information refers to all evaluated materials of every description including
those derived from observation, reports, rumors, imagery, and other sources from
which intelligence in produced. Information is a communicated knowledge by others
obtaining by personal study, investigation, research, analysis, observation.
Two General classifications of sources of information:
1. Open Sources-99% of the information collected are coming from open sources.
2. Close Sources-1% of information are collected from close sources.
3. Overt Intelligence is the gathering of information or documents procured openly
without regard as to whether the subject or target become knowledgeable of the
purpose.

Open Sources: Includes information taken from

 Enemy activity
 POW and Civilians
 Captured documents
 Map-Weather, forecast, studies, report-Agencies
Covert Intelligence - is the secret procurement of information, which is obtained
without the knowledge of the person or persons safeguarding vital intelligence
interest

Close Sources: Include information which may be taken through

 Surveillance
 Casing and
 Elicitation
 Surreptitious entry
 Employment of technical means (Bugging and Tapping device)
 Tactical Interrogation Observation and Description (ODEX)

PERSONS AS SOURCES OF INFORMATION

Informant Net - It is a controlled group of people who worked through the
direction of the agent handier. The informants, principal or cutouts supply the agent
handler directly or indirectly with Intel information Informants (Asset)- people
selected as sources of Information, which could be voluntary, or in consideration of
a price.
Informant - refers to a person who gives information to the police voluntarily
or involuntarily without any informer those who give information to the police for
price or reward. Consideration.

Categories of Recruited Informants:

1. Spontaneous or Automatic Informant - Informants who by the nature of their
work or position in society have a certain legal, moral or ethical responsibility to
report info to the police.
2. Ordinary (out-of-their-will) Informants - who are under the compulsion to
report info to the police
3. Special Employee informants - who are of a specific operational nature.
Other Classifications of Informant
Other terms related to people who give information are Automatic
Informant, Penetrating Agent, Infiltrating Agent, Full time Informant, Rival
– Elimination Informant, False Informant, Frightened Informant, Self-
aggrandizing Informant, Mercenary Informant, Double Crosser Informant,
Woman Informant, Legitimate Informant.

Common Motives of Informants

People who give information to the police due to various reasons. Their
motives include reward, revenge, fear and avoidance of punishment, friendship,
patriotism, vanity, civic-mindedness, repentance, competition, and other motives

INFORMANT RECRUITMENT
Phases
1. Selection - it is particularly desirable to be able to identity and recruit an
informant who has access to many criminal in-group or subversive organization.
Wide access is probably the single most important feature in the consideration of
recruiting the potential informant
2. Investigation - the investigation of the potential informants who are tentatively
identified as a “probable” must be as thorough as possible. It must establish
possible existing motives as to this person who might assist the police Intel-
community, Failure to do so will deny this office who must perform the approach
and persuasion phase with little more than a guess. If necessary, conduct complete
background investigation (CBI) 3.
3. Approach - approach must be done in a setting from which might include
pleasant surroundings, perhaps a confidential apartment, completely free form any
probability of compromise, preferably in an adjacent city or a remote
4. Testing - the testing program should begin, of course, with the limited
assignment, with a gradual integration area foreign to the informants living pattern
into the more important areas. The occasional testing of an informant should
continue through the entire affiliation
INTELLIGENCE OPERATIONS
Intelligence Operations are the result of intelligence planning. Planning is
always ahead of operation although an operation can be made without a plan. It is
usually due to sudden and inevitable situations but definitely this is poor
Intelligence management.

The 14 Operational Cycles

1. Mission and Target
a. Infiltration-the insertion of action agent inside the target organization
b. Penetration-recruitment of action agent inside the target organization
2. Planning
3. Spotting
4. Partial Background Investigation (PBI) or Complete Background Investigation
5. Recruitment-the only qualification of an agent is to have an access to the target
6. Training
7. Briefing
8. Dispatch
9. Communication-technical method like telephone/radio, non-technical method like
personal meeting, live drop, or dead drop
10. Debriefing
11. Payment – depends upon the motivation or informant
a. Regulatory – pays no bonuses
b. Supplemental – income that is enough to ease his financial worries
12. Disposition-involves activity on rerouting, retraining, retesting, termination
13. Reporting
14. Operational Testing
COVER AND UNDERCOVER ACTIVITIES
1. Cover - the means by which an individual group of organization conceals the
true nature of its acts and or existence from the observer.
2. Cover story - a biographical data through fictional that will portray the
personality of the agent he assumed. With the primary mission of supporting the
cover story. A scenario to cover up the operation.
3. Cover Support - an agent assigned in target areas
Types of Cover
1. Natural Cover - using actual or true background
2. Artificial - using biographical data adopted for the purpose
3. Cover with in a Cover - justification of existence
4. Multiple Cover - any cover you wish.

Organizational Cover is an account consisting of biographical which when

adopted by an individual will assume the personality he wants to adopt
Undercover Assignment is an investigative technique in which agent
conceal, his official identity an obtain information from that organization,

THE UNDECOVER AGENT

Special qualifications include knowledge of the language, area background
regarding events, knowledge about the custom and habits, physical appearance,
and must be an artist.
Factors considered in Selecting Cover Story
1. Mutual Point of Interest
2. Justification of presents
3. Previous and permanent address
4. Efficiency of role and freedom from the movement
5. Means of communication
6. Social and financial status
7. Optional alternate plan
8. Safe departure

Selecting Action Agents

1. Placement - location of prospective agent with respect to the target
2. Access - it is the capability of a prospective agent to obtain the desired
information for the Intel organization
 Primary Access - it is the access to the desired information. Or to perform to
Intel collection mission in the area
 Secondary Access - it is the access to the desired information through a
principal source where the latter has the direct access
 Outside Access - the agent is employed outside the target and merely
monitor information from a third person who is monitoring information in the
area.

AGENT CONTROL
CONTROL - authority to direct the agent to carry out task or requirement on
behalf of the clandestine organization in an acceptable manner and security

Two Categories of Control

1. Positive Control - is characterized by professionalism and rapport like
a. Agent motivation
b. Psychological control
2. Negative Control - characterized by threat and it includes the following:
a. Disciplinary Action includes verbal reprimand for poor performance or
insecure actions withholding certain material rewards, reduction of agent’s salary or
in extreme situation the threat of terminating professional relationship
b. Escrow Account-control of an agent by putting his salary in a bank to be
withdrawn only after a fulfillment of a condition
c. Blackmail

METHODS OF COVERT INTELLIGENCE

SURVEILLANCE
- Surveillance is a form of clandestine investigation which consists of keeping
persons, place or other targets under physical observation in order to obtain
evidence or information pertinent to an investigation. Surveillance of
persons is called Tailing or Shadowing, Surveillance of place is called
Casing or Reconnaissance, and Surveillance of other things, events, and
activities is called Roping.

METHODS OF SHADOWING
a. One-Man Shadow - extremely difficult and should be avoided, if unavoidable
keep subject in view at all times.
b. Two-Man Shadow - two agents are employed to follow the subject.
c. Three-Man Surveillance or ABC Method - reduces the risk of losing the
subject, affords greater security agent detection.
d. Progressive/Leapfrog Method – This is used in attempting to locate the
hideout of a subject from a vantage-point without moving after the subject. The
following day the shadower /agent takes up a watch from the point at which the
subject was last seen. -poor chances of obtaining good results, agents are stations
at a fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance - employment of surveillants on foot and
agents in an automobile.

What are the things that should be avoided during shadowing?

a. Don’t meet the eye of the subject
b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. Don’t make notations ostensibly
How to detect foot surveillance?
A subject who is suspicious of being under surveillance may resort to trickery
in order to verify his suspicion. When a subject resort to such trickery, it is good
policy to change agents, for the suspect may have spotted one or more of his
surveillants.
a. Stopping abruptly and look back
b. Casually looking around
c. Reversing course/retracing steps
d. Boarding bus and alighting just before they start
e. Riding short distance on bus
f. Circling the block on a taxi
g. Entering a building and leaving immediately via another exit
h. Stopping abruptly after turning a corner
i. Using convoys
j. Watching reflection in shop windows
k. Walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. Stopping to tie a shoe string, meanwhile looking around for surveillants
n. Arranging with a friend in a shop, stores or other places to watch for surveillants
How to elude foot surveillance?
Common method to elude foot surveillance in which surveillants must be
prepared and guard against are the following:
a. Jumping off a bus, trains just as the doors are about to close.
b. Leaving a building through the rear or side exits
c. losing one-self in crowds
d. entering theaters and leaving immediately through an exit
e. Pointing out one surveillant to a police to a generally require the agent to explain
his action
f. Using decoys
g. Taking the last tax at a stand
h. Changing clothing

AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and
type of surveillance vehicles available, the volume of vehicular traffic in the area,
the importance of concealing the surveillance from the subject, and the subject’s
estimated ability to detect and elude surveillance. At all times each vehicle should
be occupied by at least two agents; one to concentrate on driving, and the other to
observe, take notes, operate radio equipment, or to dismount and continue the
surveillance on foot.
How to detect automobile surveillance
As in the case of foot surveillance, a subject who believes he is being
followed may resort to trickery in order to verify his suspicions. Some of the
common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one-way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down

How to elude automobile surveillance

a. Committing traffic violations
b. Using double entrances to driveways; in one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or comers, but permitting the drivers to drive
on as a decoy.

Considerations in Surveillance Planning

 Pre-Surveillance Conference - a conference held among the team
members, the police intelligence unit before surveillance is conducted.
 Surveillance Plan - a plan established as required according to type of
personnel, and the general and specific instructions for surveillance.
 Area Target Study - refers to the area of operation of surveillance activities.
 Surveillant - a person who conducts surveillance which includes only
observations.
 Stakeout or Plant is the observation of places or areas from a fixed point.
 Tailing or Shadowing it is the observation of a person’s movement.
 Undercover Man - it refers to a person trained to observe and penetrate
certain organization suspected of legal activities and later reports the
observation and information’s so that proper operational action can be made
 Liaison Program the assignment of trained intelligence personnel to other
agencies in order to obtain information of police intelligence value. (Agencies
like the press, credit agencies, labor unions, telephone companies)
 Safehouse is a place, building, enclosed mobile, or an apartment, where
police undercover men meet for debriefing or reporting purposes
 Drop any person is a convenient, secure and unsuspecting place where
police undercover men meet his action agent for debriefing or reporting
purposes.
 Convoy - an accomplice or associate of the subject used to avoid or elude
surveillant.
 Decoy - a cover supporting the surveillant who can become a convoy
whenever surveillant is burned.
 Contact – any persons whom the subject picks or deals with while he is
under observation and identifies the observer.
 Made when subject under surveillance becomes aware that he is under
observation and identifies the observer.
 Lost when the surveillant does not know the whereabouts of his subject or
the subject had eluded the surveillance.

TYPES OF SURVEILLANCE
According to Intensity and Sensitivity
1. Discreet - subject person to be watch is unaware that he is under observation.
2. Close - subject is aware that he is under observation varied on each occasion.
3. Loose - applied frequently or infrequently, period of observation varied on each
occasion.
According to Methods
1. Stationary - this is observation of place usually a bookie stall, a gambling, joint,
a residence where illegal activities are going on (fixed position).
2. Moving - surveillance follow the subject from the place to place to maintain
continuous watch of his activities.
3. Technical - this is a surveillance by the use of communications and electronic
hardware’s, gadgets, system and equipment.

Special Equipment (Technical Supports)

1. Camera with telephoto lens
2. Moving Picture camera
3. Binoculars
4. Tape recording apparatus
5. Wire taping device
6. Other instrument-miniaturized one-way radio

Methods available to employ in Surveillance

Ordinarily, the methods are surveillance of place, tailing or shadowing (1-2-3-
man shadow), undercover Investigation, special methods include: wiretapping-
concealed microphones – tape recorder television electric gadgets.

Essential Requirements and Appearance in Surveillance

In the actual process of operation, the agent is advised to be of general
appearance, has no noticeable peculiarities in appearance, Agent should not wear
inconspicuous jewelry or clothing, nothing about him to attract attention. He must
have perseverance and able to wait for hours. Alertness, resourcefulness, and being
versatile and quick-witted are his weapons.
Basic Preparations in Surveillance
1. Study the Subject name, address, description, family and relatives, associates,
character and temperament, vice, hobbies, education, others
2. Knowledge of the area and terrain - maps, national and religious
backgrounds, transportation, public utilities
3. Subversive Organization history and background, biography of the official,
identity and background of members and former members, method of identification
employed by the members, files and records, nature, location and accessibility,
meeting
4. Cover Story the scenario must be appropriate to cover up operation and
avoidance of identification of mission.

C. Counter Surveillance - the conduct of operation is coupled with counter

intelligence measures such as window shopping, use of convoys and decoys,
stopping immediately on blind corners, getting out Immediately on public
conveyances, retracing, entering mobile housing

CASING OR RECONNAISSANCE
Casing is the term used in the police organization while reconnaissance is
used in military terms. Casing or reconnaissance is the surveillance of a building
place or area to determine its suitability for Intel use or its vulnerability in
operations. It aids in the planning of an operation by providing needed information.
It assists the agent handler to install confidence in his agent during briefing phase
by being able to speak knowingly about the area of operation. Casing is also
considered a security measure because it offers some degree of protection for those
operating in an area unfamiliar to them.

Methods of Casing
1. Personal Reconnaissance - the most effective method and will produce the
most information since you know Just what you’re looking for.
2. Map Reconnaissance - it may not be sufficient but it can produce a certain
amount of usable information.
3. Research - much information can be acquired through research.
4. Prior Information your unit and of the unit will have file report that they may
provide you with information.
5. Hearsay - information usually gained by the person operating in the area and
performing casing job

OBSERVATION AND DECRIPTION, A.K.A (ODEX)

Observation - a complete and accurate observation by an individual of his
surroundings and encompasses the use of all the major sense to register and
recognized its operational or Intel significance
Description - the actual and factual reporting of one’s observation of the reported
sensory experience encountered by another.
Psychologists estimate that approximately 85% of our knowledge is gathered
through sight, 13% from sense of hearing and only 2% through the three other
senses.

Psychological Processes for accurate observation

 Attention - consist of the psychological process involve in becoming aware
of an existence of fact
 Perception - involved in the understanding this fact of awareness.
 Report involved in identifying the name in one own mind and some fact,
which has been perceived, narrated and identified.

ELICITATION
It is a system or plan whereby information of Intelligence value is obtained
through the process of direct Intercommunication in which one or more of the
parties are unaware of the specific purpose of the conservation. The three phases
are determination of the mission, selection of the subject, and accomplishment of
the mission.

Two Devices in the conduct of Elicitation

 Approach - process of setting people to start talking
 Probe - to keep the people talking incessantly.

Types of Approach:
1. Flattery - people are susceptible to praise so use this weakness as a way of
approaching the subject for elicitation
a. Teacher-Pupil Approach - the subject is treated as an authority than
solicit his view point and opinion on a subject matter
b. Kindred Soul Approach - the subject is placed in a pedestal having some
specialized quality then flatter him/her by showing enough concern for his/her
welfare to pay special attention to his enjoyment.
 c. Good Samaritan Approach - is the sincere and valid offer of help and
assistance are made to the subject
d. Partial-disagreement Approach - seeks to produce talking by the word
“I’m sure if I fully agree”.
2. Provocative Approach-discovers a wide range of conventional gambits
a. Teaser Bait Approach the elicitor accumulates the sources of knowledge
about a particular subject to tempt the subject to give his/her views
b. Manhattan from Missouri Approach the elicitor adopts an unbelievable
attitude above anything. He questions all statements and oppositions.
c. Joe Blow Approach is “I know the answer to everything” approach. The
elicitor adopts the attitude of being approachable of any field.
d. National Pride Approach-nature propensity of all persons to defend
their country and its policies.

Types to Probe
1. Competition Probe - this is effective when used in connection with the teacher-
pupil approach
2. Clarity Probe-used to elicit additional information in an area which the response
is clear
3. High Pressure Probe-it serves to point out contradictions in what the subject
has said
4. Hypothetical Probe- presents a hypothetical situation and to get the subject to
react to the hypothetical situations.

Purposes of Elicitation
1. To acquire info which is unbelievable through other channels
2. To obtain information which although unclassified is not publicity known
3. To provide source of information
4. To assist various individuals
PORTRAIT PARLE (P/P)
It is a means of using descriptive terms in relation to the personal features of
an individual and it can be briefly described as a world description or a spoken
picture. (Anthropometry - no two human beings have the same body measurement)

Identification Methods
1. Branding and mutilation
2. Parade system with portrait parle
3. Fingerprint method

Several methods of acquiring descriptive ability

1. Learns the meaning of numerous words used in describing the various features
of the persons
2. Study and practice the description of the features, such as the eyes, hair or the
nose as they appear on several different persons.
3. Learning a definite order of proceeding from one picture to another.

Methods of obtaining descriptive information

1. Close observation of the person and accurate recording of the terms describing
the features
2. Information describing through interviews of witnesses
3. Examination of observation of photographs and sketches
4. Examination of records
 BACKGROUND CHECKS AND INVESTIGATION
Information needed: Domestic Background, Personal Habit, Business
History, Social or Business Associates, Medical History, Educational Background,
Family History.

TACTICAL INTERROGATION
The need for obtaining information of the highest degree of credibility taken
on the minimum of time can be through interrogation which varies and dependent
entirely on the situation. In tactical interrogation, familiarization of the following is
necessary:
 Interrogation the systematic asking of questions to elicit information in the
minimum of time.
 Interrogator person who does the questioning.
 Interrogee any person who is subjected to the interrogation process in any
of its forms and phases. Suspect any person believed to be associated with
prohibited activity
 Source - a person who for any reason submits information or intelligence,
interest usually on a voluntary basis
 Provocateur - an individual from enemy forces who is deliberately
introduced in our custody with a specific mission of causing some
unfavorable action or reaction on our part
 Screening - initial examination of an interrogee to determine the extent of
his knowledge of persons, places, things or events in which we are interested.
 Formal Interrogation the systematic attempt to exploit to an appropriate
depth those are of the interrogee’s knowledge which have been identified in
the screening process.
 Debriefing - the interrogation of a friendly interrogee who has information at
the direction of or under the control of the friendly intelligence service.
 Interview - Similar to a debriefing although it is less formal and the
interrogee is not necessarily under the control or employment of the
respective intelligence service
 Interrogation Report an oral or written statement of information by the
questioning of an interrogee.

INTERROGATION TECHNIQUES:
Techniques of Approach the purpose is to gain the cooperation of the source and
induce him to answer questions which will follows.
1. The “Open Techniques-the interrogator is open and direct in his
approach and makes no attempts to conceal the purpose of the interrogator. It is
best employed when the interrogee is cooperative. It is frequently used at the
tactical level where time is a major interrogator.
2. The “Common Interest” Technique the interrogator must exert effort
to impress the interrogee of their common Interest. The interrogator must point out
the real advantages the interrogee will receive if he cooperates
3. Record File (we know all technique) – the interrogator prepares a hie
on the source listing all known information (record should be padded to make it
appear to be very extensive). The information must contain the life history of the
interrogee to include his activities and known associates (Party- bio-data of the
interrogee is important). The “we know all is used in conjunction with the record file.
During the approach, the Interrogator may ask the Interrogee about a subject, if he
refuses to cooperate, the interrogator may provide the answer in order to impress
him that the interrogator knows him very well (all is known);
4. Exasperation Techniques (Harassment) effectively employed against
hostile type interrogee. The interrogator must be alert because the interrogee may
fabricate information to gain relief from imitation (monotype). Subject Interrogee is
placed in a longer period of interrogation without rest or sleep. The interrogator
permits the source to go to sleep and subsequently awaken for another series of
questioning (this is done repeatedly). After many repetitions, the interrogee will be
exasperated and will finally cooperate hoping that he can be allowed to rest or
sleep. Ask a question, listen to a reply and then ask the same question repeatedly
(use a tape recorder if possible). The purpose is to bore the interrogee thoroughly
until he begins to answer questions freely to end the harassment
5. Opposite Personality Technique – also known as “Mutt and Jeff”,
“Threat and Rescue”, “Bud Guy – God Guy, “Sweet and Sour”, “Sugar and Vinegar”,
“Devil and Angel”. Use of two (2) interrogators playing opposite roles.
6. Egotist Techniques (Pride and Ego)-usually successful when employed
against an interrogee who has displayed a weakness or a feeling of Insecurity. You
may reverse the technique by complimenting the interrogee in hopes of getting him
to admit certain information to gain credit. Described him as the best person,
superior or comrade.
7. “Silent” Technique-employed against nervous or the confident type of
Interrogee. Look out the Interrogee squarely in the eye with sarcastic smile (force
him to break eye contact first). He may ask questions but the interrogator must not
answer. Patience is needed until the interrogator is ready to break silence.
8. “Question Barrage” Technique (Rapid Fire Questioning) – intended
to confuse the interrogee and put him into a defensive position. The interrogee
become frustrated and confused, he will likely reveal more than he intended, thus
creating opening for further questioning.

INTELLIGENCE IN NATIONAL SECURITY

Understanding National Security
National Interest - Each nation, regardless of creed or form, has their
national interest to protect and to advance. For national interests, people would
willingly go to war to succeed of perish. What then is national interest? National
interest has been defined in many ways. But for our purposes, we take the context
of national interest to mean the general and continuing end for which a nation act.
The term “national Interest” is used to refer to the general concept of national
security and well-being. National are what the decision-making body in government
determines which beliefs, matters or dictates of conscience are important to the
maintenance of the nation. To secure or support national interest, certain objectives
may be set by a nation.
And what are the Philippines national interests? Invariably, our national
interest includes self-preservation, freedom and independence, territorial integrity,
political stability, and socio-economic welfare. National Principles and Polices-From
our national Interests, national principles and polices are derived. These are:
 That our country shall be a Republican State
 That the defense of the state shall be the concern of all citizens.
 That we, as a people, renounce war to further our national interests.
 That our government shall promote social justice.
 That as a matter of concept, civilian authority is supreme at all times over the
military. This concept is actualized when the President assumes at the same
time the position of the Commander-in-Chief of the AFP.

National Strategy – In furtherance of our national principles and polices, the

leaders of our nation are then able to formulate our strategy.
 National Power – How may a nation measure one’s power? The elements of
national power are numerical strengths and character of population, cultural
development and character of government, geographical location, resources,
economic development and military potential. The degree to which a nation is
strong or deficient in these elements is normally a measure of its national power.

The components of National Power are: Political Strength, Economic Strength,

Cultural Strength, and Military Strength. Political strength stems from the character
of the people and from the type and stability of the government and the soundness
of its foreign policy. Economic strength stems from a combination of factor such as
geographic location, climatic conditions, supply of natural resources, Industrial
capacity, Internal and external communication systems, international trade, and the
size, health and technical competence of the population. Cultural strength stems
from the national unity, the social and moral fiber of the people and the things they
believe in, and from the nature and vigor of national institutions-political, social,
religious, educational, scientific and cultural Military strength is the ability of a
nation to exert pressure by armed force in furtherance of national policy. It consists
of the strength of all the armed forces in combination with other elements of
national power, depending heavily on natural resources, economic strength abroad
base of war industries and a vigorous population, military strength is influenced by
the number and quality of the nation’s military, economic, and political alliances.
 SPECIAL CRIME INVESTIGATION WITH LEGAL MEDICINE
SPECIAL CRIME INVESTIGATION
Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique.
The study concentrates more on physical evidence, its collection, handling,
identification and preservation in coordination with the crime laboratory.
Special Crime Investigation involves a close relationship between the prober in
the field and the crime laboratory technician. They work together as a team,
reacting to and extending one another's theories and findings both working
patiently and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.

PHASES OF SPECIAL CRIME INVESTIGATION

 PRELIMINARY INVESTIGATION
- It is an action taken by the first responder who arrive the crime scene
after detection or report of said crime.
- It serves as foundation for the case
 IN-DEPTH INVESTIGATION
- It is the reexamination of all leads secured during preliminary
investigation
 FINAL INVESTIGATION
- It is the final phase of investigation

The following are some examples of cases subject to Special Crime Investigation
 Homicide
 Murder
 Parricide
 Abortion
 Rape
 Robbery
 Kidnapping
 Carnapping
 Drug Cases
 Bombing
 Arson

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

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed.
5. And under certain circumstances why it was committed.
Responsibilities of a Homicide Investigator
1. When called upon to investigate violent death, he stands on the dead man's
shoes to produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the
difference between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of
criminal justice.

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

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

THE FOUR TYPES OF DEATH ARE

 NATURAL
 ACCIDENTAL NON-CRIMINALS
 SUICIDE
 HOMICIDE: NON-CRIMINAL OR CRIMINAL

NATURAL CAUSES
Natural causes of death include heart attacks, strokes, fatal diseases,
pneumonia, sudden crib deaths and old age
ACCIDENTAL DEATHS
Among the causes of accidental death are falling, drowning, unintentionally
taking too many pills or ingesting a poisonous substance, entanglement in industrial
or farm machinery or involvement in an automobile, boat, train, bus or plane crash.
SUICIDE
- the intentional taking of one's own life
HOMICIDE
- Occurs when one human being causes the death of another human being
- Is another term for the killing of one person by another.
DIFFERENT CRIMES OF KILLING UNDER THE LAW
Title Eight
CRIMES AGAINST PERSONS
(Destruction of Life)
Art. 246. Parricide - Any person who shall kit his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants or descendants, or his spouse,
shall be guilty of parricide .
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to
death
Elements:
1. That a person is killed,
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the legitimate
spouse, of the accused.
Note:
 Parents killing their children or vice-versa - Child/parents may be
legitimate/illegitimate
 Spouse killing the other spouse - their relationship must always be
legitimate
 Killing of other descendants or ascendants - their relationship must
always be legitimate
Art. 247. Death or physical injuries inflicted under exceptional
circumstances. This can be committed by:
a. Any legally marred person who, having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them or both of
them in the act or immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro
b. These rules shall be applicable, under the same circumstances, to parents,
with respect to their daughters under 18 years old and their seducer, while
daughters are living with their parents.
Note:
 If he shall inflict upon them physical injuries of any kind, he shall be exempt
from punishment.
 Any person who shall promote or facilitate prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.
Penalty: Destierro (prohibition to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be not more than 250
and not less than 25 kilometers from the place designated.

Art. 248. Murder - Any person who, not falling with the provisions of Article 246,
shall kill another, shall be guilty of murder and shall be punished by reclusion
perpetua to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed
(men, or employing means to weaken the defense or of means or persons to insure
or afford impunity;
2. In consideration of a price, reward or promise,
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of
vessel, derailment or assault upon a railroad, fall of an airship, or by means of
motor vehicles or with the use of any other means involving great waste and ruin;
4. On occasion of any or other public calamity, of the calamities of an
earthquake, eruption of a volcano, destructive cyclone, epidemic
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his person or corpse. 6
Penalty: Reclusion perpetua (20 years 1 day to 40 years imprisonment) to death
Elements of murder:
1. That a person is killed 3.
2. That the killing was attended by any of the qualifying circumstances
mentioned in Article 240.
3. That the accused killed him.
4. The killing is not parricide or infanticide

TREACHERY OR ALEVOSIA
 Treachery means that the offender party was not given opportunity to make
a defense.
 To establish treachery, the evidence must show that the accused made some
preparation to kill the victim in such a manner to insure the execution of the
crime or make it possible or hard for the person attacked to defend himself,
But killing done at the spur of the moment is not treacherous.
 Abuse of superior strength and nighttime are absorbed in treachery
 In treachery, what is decisive is that the attack was executed in such a
manner as to make it impossible for the victim to retaliate
 The killing of the victim frontally does not negate treachery when the victim
was killed after already being in a helpless condition
  It may also be appreciated even if the attack was frontal but no less
unexpected and sudden, giving the victim no opportunity to repel it on offer
any defense of his person
Evident (plain) - clear to the eye or judgment.
Premeditation - is the act of mediating in advance; deliberation upon a
contemplated act; a design form to do something before it is done.
 The essence of premeditation is that the execution of the criminal act must
be preceded by cool thought and reflection upon the resolution to carry out
the criminal intent during the space of time sufficient to arrive at a calm
judgment.
 There is no evident premeditation without proof of planning.
ART. 249. Homicide-Any person who, not falling within the provisions of Article
246 (Parricide) shall kill another, without the attendance of any of the
circumstances enumerated in the next preceding article (Article 248), shall be
deemed guilty of homicide.
Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255. Infanticide

The killing of a child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger
Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the
child to conceal dishonor, she shall suffer the penalty of prision mayor (6 years & 1
day to 12 years imprisonment) in its medium and maximum periods. If committed
by maternal grandparents or either of them, the penalty shall be reclusion temporal
(12 years 1 day to 20 years imprisonment).

LEGAL MEDICINE
MEDICINE
A science and art of dealing with prevention, cure and alleviation of disease.
It is that part of science and art of restoring and preserving health.

CLINICAL MEDICINE - Obstetrics, Paediatrics, Internal Medicine (Neurology,

Cardiology, Pulmonology, etc.), Surgery (Neurologic Surgery, Thoracic-
Cardiovascular Surgery, Orthopaedics, etc)
DIAGNOSTIC MEDICINE - Pathology, "Radiology, etc.
INVESTIGATIVE MEDICINE - or Forensic Medicine as being offered or served by:
Philippine National Police Crime Laboratory
Medico-Legal Division of the National Bureau of Investigation
Commission on Human Rights
Use of medical science to elucidate legal problems in general without specific
reference or application to a particular case.
It encompasses a variety of fields in forensic science such as pathology,
anthropology, odontology, toxicology entomology and others.
LEGAL MEDICINE is a branch of medicine which deals with the application of
medical knowledge to the purpose of law in the administration of justice.
MEDICAL JURISPRUDENCE - a branch of law which concerns with the aspects of
law and legal concepts to medical practice. It includes rights, duties, and liabilities
of physician, patient and health institution.
Originally, the terms legal medicine, forensic medicine and medical
jurisprudence are synonymous and, in common practice, are used interchangeably
Legal
 Refers to anything conformable to the letters or rules of law as it &
administered by the court
Jurisprudence
 A science of giving wise interpretation of the laws.

PRINCIPLE OF STARE DECISIS

A principle that, when the court has once laid down a principle of law or
interpretation as applied to a certain state of facts, it will adhere to and apply to all
future cases where the facts are substantially the same.

DISTINCTION BETWEEN LEGAL MEDICINE, FORENSIC MEDICINE AND

MEDICAL JURISPRUDENCE
1. Legal Medicine is primary the application of medicine to legal cases
2. Forensic Medicine codes with the application of medical science to elucidate
legal problems
3. Medical Jurisprudence denotes knowledge of law in relation to the practice of
medicine.

STAGES
 Basic (Plain or Simple) level
 Forensic level
 Legal level

MEDICO-LEGAL ASPECTS OF ASSAULTS AGAINST HUMAN BEINGS

1. (Physical) Injury
2. Homicide
3. Sexual in Nature

Medico-Legal Cases
1. Injuries or Deaths involving persons who have no means of being identified.
2. Persons pronounced as "dead on arrival"
3. Death under the following circumstances:
a. Death occurring within twenty-four hours (24 hrs.) of admission when the
clinical cause of death is unknown or indeterminate:
b. Unexpected sudden death especially when the deceased was in apparent
good health,
c. Death due to natural disease but associated with physical evidence
suspicious of foul play,
d. Death as a result of violence, accident, suicide or poisoning, and
e. Death due to improper or negligent act of another person.
4. Physical injuries caused by
a. Gunshot wound; stab wound etc.,
b. Vehicular accident;
c. Asphyxia,
d. Electrocution, Chemical or Thermal insult
e Accident, Attempted, homicide or suicide; and
f. Poisoning
5. Cases involving the mental in competency of the patient.
6. Cases of child abuse, domestic violence, rape, alcoholism and drug addiction.

Difference between a Medical Jurist and an Ordinary Physician

Ordinary Physician Medical Jurist
Ignores trivial injuries not needing Records all injuries to qualify the crime
 treatment or justify the act
Sees injury or disease to be able to Sees injury or disease in order to find
treat out the cause
The purpose is to arrive at a definite Testifies on bodily lesion seen for
diagnosis and institute proper justice
treatment
Legal Medicine Medical Jurisprudence
A branch of medical science A branch of law
It is a medicine, applied to law and It is a law applied to the practice of
administration of justice medicine
It originates from the development of It is based on the principle of
medical science subordination; that is the duty of the
physician to obey the laws in as much
as our government is established on the
principle of government of laws and not
of men and that no one considered
above the law
It is based on the principle of It emanates from the act of congress,
coordination, that legal medicine executive orders, administrative
coordinate medicine to law and justice circulars customs and usages and
decisions of tribunals which have
relation to the practice of medicine

BASIS
The (living) victim still live, or a still alive. - NON-FATAL or NON-MORTAL INJURY-
Physical Injury (slight, less serious, or serious), Mutilation, Administering
Injurious Substance, OR P.I. resulting from tumultuous affray.
The (living) victim dies, or becomes dead-FATAL or MORTAL INJURY-Homicide
(parricide, murder, infanticide), OR death resulting from tumultuous affray.

OTHER DEFINITIONS
Law
- is a rule of conduct, just, and obligatory, laid by legitimate power for
common observance and benefit.
Characteristics of Law
a. It is a rule of conduct
b. It is dictated by legitimate power and
c. Compulsory and obligatory to all (Civil Code by Padilla)
Forms of Law:
a. Written or Statutory Law (Lex Scripta)
This is composed of laws which are produced by the country's legislations
and which are defined, codified and incorporated by the law-making body.
Example: Laws of the Philippines
b. Unwritten or Common Law (Lex non Scripta)
This is composed of the unwritten taws based on immemorial customs and
usages. It is sometimes referred to as case law, common law, jurisprudence or
customary law.

A. Persons authorized to perform autopsies:

1. Health officers
2. Medical officers of law enforcement agencies
3. Members of the medical staff of accredited hospitals
B. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon order of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities,
 4. Whenever the Solicitor General, provincial or city fiscal deem it necessary
to disinter and take possession of the remains for examination to determine the
cause of death,
5. Whenever the nearest kin shall request in writing the authorities

FETAL DEVELOPMENT
 1st month: eyeballs & limb buds;
 2nd month: nose & jaw;
 3rd month: nails & genitalia;
 4th month: bodily hairs;
 5th month: gums;
 6th month: eyelashes;
 7th month: testicles (in males only); months, COMPLETE ALREADY!
Growth and Development:
 3rd-4th most development of friction ridges.
 4th month: Growth of hair in the head
 5th month: nails are distinct
 6th month: eyebrow and eyelashes begin to appear.
 Most active from 5 to 7 years and 13 to 16 years old.
 Growth ceases at 25 years old
 Pubic hair: 13 years for female; 14 y/o male (CLE-0414)
 Mustache & Beard: 16 to 18 years old
 Breast: 13 to 14 years old
 Voices: 16 to 18 years old
 Pubic Hair: may turn gray at 30 years old
 Menstruation: 12 years (in tropical) (CLE-1014)

OTHERS
Tooth Eruption Periods:
TEMPORARY: 0.5-2 y/o (m&f)
PERMANENT: 6-18 y/o (m&f)
Number of Bones:
CHILD: 200 pieces (m&f)
ADULT: 206 pieces (m&f)
Source of the additional six (6) bones: 3 pairs of ossicles or tiny bones found in
both middle ears.
HOMICIDE INVESTIGATION PROCEDURES
Criminal Investigation of homicide is a discovery process. The investigator
seeks to discover and document such facts as type of death, identity of the
deceased, cause of death and motivations and identity of the perpetrator. In order
to resolve these fundamental questions, the investigation will focus on the cadaver,
crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor, The
victim's body can reveal much through examination of wounds and other types of
tracing clues that may be present.
1. Establishing the Facts of
1. The first action of an investigator upon arriving at the crime scene of the
homicide is the verification of death
2. An individual is said to be dead in the medical sense when one of the three
vital function is no longer performing within the body:
a. Respiratory system
b. Cardiac Activity
c. Central nervous system activity
3. In the legal sense, death is considered to occur when all of the three above
vital functions have ceased.
IMPORTANCE OF DEATH DETERMINATION
1. Personality of a person is extinguished by death.
II. Criminal lability is extinguished by death.
III. Property of a person is transmitted to heirs or nearest of skin.
IV. Basis of immediate removal of organs for transplantation
V. Civil case for claim is dismissed

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

Causes of Death
 Immediate (primary) cause of death - this applies to cares when trauma
or disease kill quickly that there is no opportunity for sequelae or
complications to develop The
 Proximate (Secondary) cause of death - the injury or disease was
survived for a sufficiently prolonged Interval which permitted the
development of serious sequelae which actually cause the death.

Kinds of Death
1. Somatic Death - Clinical Death
- It is a complete, continuous, persistent cessation of respiration, circulation
and almost all brain functions of an organism. It is usually pronounced by a
physician or other members of the family.
Clinical Types of Death
 Sociologic death - experience by patient who are abandoned and let alone to
die. The sense of isolation or abandonment
 Psychic death - the patient regresses, gives up or surrenders accepting death
prematurely.
 Biologic death - characterized by the absence of cognitive functions or
awareness despite of the artificial life support
 Physiologic death - a death when all vital organs cease to function
2. Molecular Death Cellular Death
- It is the cessation death of life of the individual cells in the whole body,
which occurs one at a time after somatic
3. Apparent Death-State of Suspended Animation
- It is the state of temporarily cessation of vital activities of the body or vital
processes were depressed to the minimum compatible with life. This condition is not
actually death although classified under the kinds of death, because the person or
organism is still alive although it seems that there are no signs of life

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

CESSATION OF HEART ACTION AND CIRCULATION

There must be an entire and continuous cessation of the heart action and
flow of blood in the whole vascular system. A temporary suspension of the heart
action is still compatible with life.
 As a general rule, if there is no heart action for a period of five minutes death
is regarded as certain.

METHODS OF DETECTING THE CESSATION OF HEART ACTION AND

CIRCULATION:
 EXAMINATION OF THE HEART:
Palpation of the Pulse – pulsation of the peripheral blood vessels may be
made at the region of the wrist or at the neck. The pulsation of the vessels is
synchronous with the heart beat
Auscultation for the Heart Sound at the Precordial Area. The rhythmic
contraction and regulation of the heart is audible through the stethoscope.
Fluoroscopic Examination: Fluoroscopic examination of the chest will reveal
the shadow of the heart in its rhythmic contraction and relation.
By the Use of Electrocardiograph: The heart beat is accompanied by the
passage of electrical charge through the impulse conducting system of the heart
which may be recorded in an electrocardiograph machine
 EXAMINATION OF THE PERIPHERAL CIRCULATION:
Magnus Test - A ligature is applied around the base of a finger with moderate
tightness.
Icard's Test - This consists of the injection of a solution of fluorescein
subcutaneously. If circulation is still present, the dye will spread all over the
body and the whole skin will have a greenish-yellow discoloration due to
fluorescein In a dead man, the solution will just remain at the site of the
injection.
Diaphanous Test - The fingers are spread wide and the finger wets are viewed
through a strong light. In the living, the finger webs appear red but yellow in the
dead.
Opening of Small Artery
Pressure on the Fingernails:
Application of Heat on the Skin:
Palpation of the Radial Pulse:
Dropping of Melted Wax:

CESSATION OF RESPIRATION
A person can hold his breath for a period not longer than 3-1/2 minutes.
METHODS OF DETECTING CESSATION OF RESPIRATION:
 Expose the chest and abdomen and observe the movement during
inspiration and expiration.
 Examine the person with the aid of a stethoscope which is placed at the
base of the anterior aspect of the neck and hear sound of the current o air
passing through the trachea during:
 Examination with a Mirror
 Examination with a Feather or Cotton Fibers:
 Examination with a Glass of Water:
 Winslow's Test:
There is no movement of the image formed by reflecting artificial or sun light on the
water or mercury contained in a saucer and placed on the chest or abdomen if
respiration is not taking place.
2. Identifying the Cadaver
Establishing the identity of the victim is important, it will provide tracing clues
to the motive and identity of the perpetrator, with the identity known, the
investigator can focus attention on the victim's background and establish a possible
motive through such information. Victims encountered in indoor scenes will
normally have identifying data on the body, or such data will be available
throughout the crime scene. In outdoor scenes, such evidence is normally not as
readily available, since the victim is removed from the personal environment and
also outdoor scene may not be discovered for long period of time; thus, evidence
may be destroyed by elements of nature or will be lost. If there are no identifying
papers on the victim's person, fingerprint should be used as means of identification.
If fingerprint identification is unsuccessful, the investigator must rely on other
methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently
useful when the other portions of the body are totally decomposed (Forensic
Odontology). The skeletal remains of the victim may also help to determine identity,
as well as yield other types of information. If bone fractures are noted, they may be
used to identify the deceased, but if only corresponding medical records can be
located. The widths of the pelvic bones are excellent indicators of the victim's sex;
Determination of the victims age maybe more difficult, in that the victims past the
age of eighteen years have generally achieved their maximum skeletal growth.
However, general age determination can be established via dental structure.
LAW OF MULTIPLICITY OF EVIDENCE - the greater the number of points of
similarities and dissimilarities of two persons compared, the greater is the
probability for the conclusion to be correct
A. Points Taken into Consideration when Finding Human Dead Body
Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body
B. Points to be considered in Identifying a Person
1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
B. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and
improper union of the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping
3. Determination of Time of Death (Death Estimates)
A determination of the time of death should be attempted in all homicide
investigations. This fact is significant because of its investigative importance in
corroborating or disputing alibis, or in establishing the victim's movements prior to
death. Determining death is not an exact science.
POST-MORTEM CHANGES
1. ALGOR MORTIS (Cooling of the body)
The body cools following death at approximately 1.5 degrees F per hour,
under normal conditions and assuming the body's temperature at death is 98.6
degrees F (37 degrees C)
Factors Affecting Algor Mortis:
1. Illness
2. Clothes
3. Obesity
4. Room temperature
Changes in the Muscle After Death
After death, the muscles of the body passes through three stages:
 Primary Relaxation or Flaccidity
 Rigor Mortis/ Post Mortem Rigidity
 Secondary Relaxation or Flaccidity
PRIMARY RELAXATION/FLACCIDITY
 During this stage, death is only somatic
 Lasts for 1-2 hours
 Body flattens over area which are in contact with the surface on which it rests
 Muscular imitability and response to mechanical or electrical stimuli persists
2. POST MORTEM RIGIDITY (Rigor Mortis)
a. Stage of Primary Flaccidity (Post-mortem or Period of Muscular
Irritability); - Muscles are relaxed and capable of contracting when stimulated,
pupil is dilated, incontinence of urination and defection. Lasts 3-6 hours after death.
b. Stage of Post-mortem Rigidity (Cadaveric Rigidity / Death
Stiffening / Death Struggle of the Muscles" "Rigor Mortis - 3-6 hours after
death and may last 24 to 36 hours body become rigid due to contraction of the
muscles

CONDITIONS SIMULATING RIGOR MORTIS

 Heat stiffening when a body is exposed to temperatures above 75 degrees
Celsus
 Cold Stiffening when a body is exposed to freezing temperatures, the
tissues become frozen and stiff, due to freezing of the body fluids and
solidification of subcutaneous fat simulating rigor
 Cadaveric spasm is the stiffening of certain group of muscles occurring at
the moment of death, usually associated with violent death due to extreme
nervous tension, or even fatigue.
SECONDARY FLACCIDITY
 After the disappearance of rigor mortis, the muscle becomes soft and flaccid,
due to the dissolution of the muscle proteins which have previously been
coagulated during the period of rigor mortis.
 The body becomes limp again and the muscles are no longer capable of
responding to mechanical or electrical stimulus
 Signals the start of putrefaction or decomposition due to bacteria
 Noted about 48 hours after death
3. POST-MORTEM LIVIDITY (Livor Mortis)
a. Coagulation of the Blood; The stasis of the blood due to the cessation of
circulation enhances the coagulation of blood inside the blood vessel. Blood clothing
is accelerated in cases of death by infectious fevers and delayed in cases of
asphyxia, poisoning by opium, hydrocyanic acid or carbon monoxide poisoning
Ante-Mortem from Post-Mortem Clot:
Ante-Mortem Clot Post-Mortem Clot
Firm in consistency Soft and inconsistency
 Surface of the blood vessel raw after Surface of the blood vessels smooth
the clots are removed and healthy after the clots are removed
Clots homogenous in construction so it Clots can be stripped off in layers
cannot be stripped into layers
Clot with uniform color Clot with distinct layer

b. Post-Mortem Lividity or Cadaveric Lividity / Post-Mortem

Suggillation/Post-Mortem Hypostasis "Livor Mortis"- It is the discoloration of
the body after death when the blood tends to pool in the blood vessels for the most
dependent portion of the body. The blood remains fluid in the body after death for 6
to 8 hours and gradually clot until it is fully developed at about 12 hrs. The
appearance of Post-Mortem Lividity usually starts about 20-30 minutes after death;
thus, it can also be a means in approximating the time of death of the person. But it
is more useful in determining the position of the body after death. The discoloration
of the bloody may vary in color. Usually it is dull-red or reddish purple with some
bluish-black petechiae due to rupture of small engorge capillaries. In carbon
monoxide and cyanide poisoning as well as exposure to cold temperature, the color
is pink while lead color asphyxia. Although the color will become darker and
permanent as it completes

TYPES OF LIVIDITY
1. Hypostatic - Blood is still in fluid form inside blood vessel, change as position of
the body changes. Blood remains fluid in the blood vessel for 6-8 hours
2. Diffusion - Coagulated inside blood vessel; Change in position will not change its
location.

Importance of Cadaveric Lividity

 It is one of the signs of death body
 It may determine the position of the body after death or whether it was
changes after its appearance in the body
 The color of lividity may indicate the cause of death
 It gives us an idea as to the time of death.

Points to be considered which may infer the position of the body at the
time of death:
 Posture of the Body when found
 The body may become rigid in the position in which he died. Post-mortem
lividity may develop in the assumed position
 Post-mortem hypostasis
 Hypostatic lividity will be found in areas of the body in contact with the
surface where the body lies.
 Cadaveric Spasm
 In violent death, the attitude of the body may infer position on account of the
spasm of the muscles. e.g., in drowning the victim may be holding the
seaweeds

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain
3. Color is uniform in the tissues
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the
body in the earlier stages of death
THE COLOR OF LIVIDITY MAY INDICATE THE CAUSE OF DEATH
Dilation of the pupil
 Dilation is enlargement of the black pupil area
 It will start 7 hours after death
 After 12 hours, the whole eve gets cloudy and fishlike

POST-MORTEM DECOMPOSITION
1. AUTOLYSIS OR AUTODIGESTION/AUTODIGESTIVE CHANGES AFTER
DEATH
 After death, proteolytic glycolytic and lipolytic ferments of glandular tissues
continue to act which lead to the autodigestion of organs. This is facilitated
by weak acid and higher temperature.
 This is also seen in the maceration of the dead fetus inside the uterus The
stomach may be perforated, glandular tissues become soft after death due to
auto digestion and the action of autolytic enzymes
 delayed by the alkaline reaction of the tissues of the body, and low
temperature
 appears early in the parenchymatous and glandular tissues
 Decomposition by enzyme
2. PUTREFACTION OF THE BODY
 It is the breaking down of the complex protein into simpler components acted
with the evolution of foul- smelling gases and accompanied by the changes of
color of the body
 Decomposition by bacteria noted after 48 hours after death first appears as a
greenish discoloration generalized swelling and reddish discoloration along
the lines of the superficial veins occur called marbling

Principal changes undergone by the soft tissues of the body during

putrefaction:
a. Changes in the Color of the Tissues - A few hours after death, there is
hemolysis of the blood within the blood vessel and as a result of which hemoglobin
is Iiberated. The hemoglobin diffuses through the walls of the blood vessels and
stains the surrounding tissues thereby imparting a reddish-brown color
- Tissue color gradually changed to greenish-yellow, greenish brown or
greenish black color due to chemical changes in hemoglobin
b. Evolution of Gases in the Tissues - Carbon dioxide ammonia,
hydrogen, sulphurated hydrogen, phosphorated hydrogen and methane gases are
formed. The offensive odor is due to these gases and also due to a small quantity of
mercaptans.
- The formation of gases causes the distention of the abdomen and bloating
of the whole body, Gases formed in the subcutaneous tissues and in the face and
neck cause swelling of the whole body. Small gas bubbles are found in solid visceral
organs and give rise to the "foamy" appearance of the organs:
Effects of the pressure of gases of Putrefaction:
1. Displacement of the blood
2. Bloating of the body
3. Fluid coming out of both nostrils and mouth
4. Extrusion of the Fetus in a gravid uterus
5. Floating of the body
c. Liquefaction of the Tissues - As decomposition progress, the soft
tissues of the body undergo softening and liquefication. The eyeballs, brain,
stomach, intestine, liver, and spleen putrefy rapidly while highly muscular organs
and tissues relatively putrefy late.
Factors Affecting rate of Purification
1. Internal Factors
a. Age
b. Cause of Death
c. Condition of the body
II. External Factors
a. Air and Moisture
b. Condition and type of Soil
c. Presence of Water
d. Effect of Clothing
e. Effect of Coffin
f. Depth of Burial
g. Mass Grave

Special forms of Putrefaction

1. Mummification - A condition at which the body fluids is removed before
decomposition sets in resulting to shrunkening and preservation of the dead body.
Mummification can be either natural or artificial (embalming).
 Natural for the forces of nature such as sunlight, warm climate and
hot dry soil influence the dead body.
 Artificial when the preservation is done with the introduction of some
chemical live formalin, alcohol, phenol, mercury, arsenic and glycerin
and covering the skin with the Vaseling or plaster of paris before
decomposition sets in.
2. Saponification (Adipocere Formation)- It is the formation of a soft,
friable and brownish-white greasy substance in the soft fatty tissues of the body
after death. This substance is called adipocere that is formed by hydrogenation of
the body fats. It can be possibly be seen in the buttocks, trunk, limbs, breast and
cheeks. It prevents or delays the putrefaction of the body.
3. Maceration It is a condition of the dead body, usually the fetus,
characterized by the softening and discoloration of the tissues as well as formation
of blisters in the skin due to the action of autolytic or proteolytic enzymes in the
absence of utero is important in the consideration of legal live birth which shows
evidence of maceration by the following manifestation:
a. Reddish green to reddish brown discoloration of skin,
b. Softness and limpness of the body,
c. Bleb's formation and separation of the epidermis from the
underlying tissues

(PHYSICAL) INJURY
DEFINITION OF TERMS
 Physical - generally refers to the body of a human being, both external and
internal
 Assault - any form of violent and/or offensive action directed towards a
subject
 Physical Assault - any form of violent and/or offensive action directed
towards a human being resulting to any form of injury, either external,
internal, or both
 Injury - any form of disruption in the integrity, state, and/or functioning of
either a part of, many parts of, or the whole human body; It is the scientific
impairment of the body structure or function cause by outside force or agent.
 Physical Injury - a legal terminology of Criminal Law, "but a redundant
Medico-Legal terminology". An injury of the body caused by physical agents
which is the application of stimulus to the body producing damage or injury
to the tissue

Classification of Injury
Based on body location:
With reference to surface level: "superficial or deep",
With reference to body cavity: "external or internal"
With reference to body part: "head, neck, chest, abdomen, back, or limb
(arm, forearm, hand, thigh, leg, or foot”
Based on cause and/or agent
 by mechanical ex, gun-shot, stabbed, fist-blown
by chemical ex corrosive-skin contact, toxic substance-ingestion
by thermal. ex. burn, scald, frost-bite
by electrical ex, lightning-strike, electrocution
by radiation. ex. nuclear explosion exposure, excessive ultra-violet ray
Based on description:
With reference to skin integrity: "penetrating or non-penetrating";
With reference to skin direction: linear or non-linear";
With reference to skin opening "regularly-shaped edge or irregularly-shaped
edge"
Based on manner;
Projectile or Distant infliction ex. gun-fired, arrowed, speared, shrapnel-hit,
explosion- shocked
Contact infliction: ex. stabbed, hacked, axed, but hit, fit blown, slapped, side-
swept
Based on mechanism;
Intended: surgical incision
Accidental ex. fracture secondary to fall from a high location
Induced: ex. stabbed wound
Consequential ex. ruptured artery secondary to sudden increase in blood
pressure
Based on effect
Fatal or Mortal
Non-fatal or Non-mortal
Based on status
Situation #1: The skin is intact, therefore, there is an actual bleeding-CLOSED
INJURY
Situation #2: The skin is of intact, therefore, there is actual blooding OPEN
INURY OF WOUND
Wound
 It is a break or solution in the continuity of the sun or tissues of the body.
Inflammation
 It is a scientific tissue response to injury by the living or in animate agents, or
to electrical, chemical etc., characterized by vascular dilatation, fluid
exudation and accumulation of leukocytes in the tissues.
 Specifically-classified
Closed injuries
1. Contusion (bruise) - a confined, dark discoloration of a surface of the
skin or mucosa of the body, caused by the escape of blood from its vessel,
due to a sudden forceful impact on that location by a blunt object or body
part.
2. Ecchymosis (kiss-mark) - similar to a contusion, an appearance and
cause, but due to a continuous vacuum force or negative pressure exerted on
the surface of the skin or mucosa of the body .
3. Hematoma (lump) - a circumscribed, dark discoloration of a surface of
the skin or mucosa of the body caused by the escape of blood from its vessel
and accumulation into the tissue space, due to a sudden forceful impact on
that location by a blunt object or body part .
4. Erythema (reddening) - a confined, reddish colors of surface of the skin
or mucosa of the body and by the temporary cessation of its blood flow,
maybe out to heat (like in direct sunlight exposure) or autonomic reaction of
the body (like during blushing), or due to a slight sudden impact on that
location by a blunt object or body part (like in an after-slapping indent).

Open injuries or Wounds

1. Abrasion (graze/scratch) - superficial break or disruption in the integrity
of the skin surface or mucosa of the body (including the vulva), caused by a
 sudden forceful impact or continuous rubbing of that body part onto a rough
surface.
2. Laceration (tear) - deep break or disruption in the integrity of the skin
surface or mucosa of the body (including the hymen, vagina and anus), with
irregularly-shaped edges caused by a sudden forceful impact on that location
by a blunt object or body part.
3. Incision (slash/cut) – a superficial or deep break or disruption in the
integrity of the skin surface or mucosa of the body, caused by a sudden or
gradual, forceful strike of a sharp-edged object.
4. Hack (chop) - a deep break or disruption in the integrity of the skin
surface or mucosa of the body, caused by a sudden, forceful strike of a heavy
and sharp-edged object.
5. Puncture (poke) - caused by a sharp-pointed object;
6. Stab (knife-thrust)-caused by a sharp-pointed & sharp-edged object.
7. Gunshot (bullet-wound) - caused by a tiny blunt object which hit the
skin surface or mucosa of the body, at a very fast speed or at a very high
velocity:

Injuries caused by the clinician:

1. Incision - a surgically-induced wound, intended solely to gain access into
deeper portion or cavity of the body, and to widen body opening,
2. Extraction - a maneuver intended to remove a tooth on the jaw, or any
foreign object body cavity, dislodged into a body cavity
3. Excision - a surgical operation intended to remove a part or a portion of
the body,
4. Amputation - a surgical operation intended to remove a body limb or a
portion of it

Neither closed nor open injuries:

1. Subluxation - a partial displacement of bones in a joint, caused by an
external force.
2. Dislocation - a total displacement of bones in a joint, caused by an
external force
3. Decapitation - the total detachment of the head from the rest of the
body, caused by a sudden or gradual distracting force, or a strike by a sharp-
edged object. ('ALWAYS HOMICIDAL")
4. Fracture (bone-break) - a disruption in the integrity & continuity of the
bone caused by a sudden impact of external force exerted on any portion of
it.
5. Burn (scald/frostbite) - a disruption in the integrity of the skin surface or
mucosa of the body caused by contact with ether a very hot or a very cold
substance.
6. Avulsion (dismember) - forceful, sudden or gradual detachment of a part of
the body.
Coup Injury
 Injury at the side of application
Contre Coup
 Injury found opposite the side of application.
Coup Contre Coup
 Injury both at the side and opposite side of application.
Locus Minoris Resistencia
 Injury found on some area offering the least resistance to the force applied.
Extensive Injury
 It involves a greater area of damage

GUN-SHOOTING
 results to gun-shot injury/wound on the body,
  there is ALWAYS a point of entry of the slug (of the bullet) on the body, once
the ACROSE, but NOT ALWAYS a point-of-exit, unless it is thru-and-thru
 usually, the "point-of-entry wound opening is narrower, compared to the
"point-of-exit wound opening:
 there is ALWAYS a contusion or abrasion collar on an entry wound, but NEVER
on an eat wound;
 there is ALWAYS tattooing on the skin portion near the entry wound, if the
muzzle's tip of the gun was fired WITHIN TWO FEET from the body surface,
but NEVER on an exit wound &
 there is ALWAYS smudging on the skin portion around the entry wound, if the
muzzle's tip of the gun was fired while on-contact with the body surfaces
SHARP-POINTED" only
 there is ALWAYS an entry wound, once the thrust was made, but NOT
ALWAYS an exit wound, unless it is thru-and-thru
 the results to a slit-shaped injury/wound;
 usually, the "point-of-entry” wound opening is of SAME DIMENSION as the
"point-of-exit” wound opening, definitely, there is NEITHER tattooing NOR
smudging near the "point-of-entry wound opening
SHARP-POINTED" & "SHARP-EDGED”
 results to a UNI-tapering-shaped Injury/wound,
 usually, the tapering side of the point of entry the object used for stabbing
has only ONE sharp-edged wound opening also has a tailing (like a straight
linear abrasion):
 results to a BI-tapering-shaped injury/wound, if the object used for stabbing
has TWO sharp-edge sides
 there is ALWAYS an entry wound, once the thrust was made, but NOT
ALWAYS an exit wound, unless it is thru-and-thru:
 usually, the point of entry in wound opening is of SAME DIMENSION as the
wound opening &
 definitely, there is NEITHER tattooing NOR smudging near the point-of-entry
wound opening:
Examination of the Cadaver at the Crime Scene
External post mortem appearances are very informative. The areas of the
body showing lividity indicate the position after death. Wounds and their
appearance are particularly significant as they often assist in reconstructing the
circumstances of a crime, the nature of the murder weapon and the manner of its
use.
Defense wounds are the result of a person's instinctive reaction of self-
protection. It may be found on the hand in the effort of the victim to grasp the
wounding instrument or by raising the hand to protect the vital parts of the body.
Absence of defense wound does not eliminate the possibility that the victim made
some form of defense

Evidence to Show the Fatal Effects of the Wound

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

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

Determine the distance of the shooter from the victim (Ranges of Fire)
CONTACT RANGE - the muzzle of the gun touches the skin.
- presence of Abrasion ring
- Clear muzzle imprint
- Gray black discoloration
INTERMEDIATE RANGE - is one in which the muzzle of the weapon is away from
the body at the time of discharge yet is sufficiently close so that power grains
emerging from the muzzle strike the skin producing powder tattooing
DISTANT RANGE - the muzzle of the weapon is sufficiently far from the body so
that there is neither deposition of soot nor powder tattooing
Two Types of Wounds:
1. entrance wound (POE) - surrounded by a reddish-brown area of abraded skin,
small amounts of blood escape through
2. exit wound (POX) - larger and more irregular in appearance; no abrasions ring;
there is far more blood escapes an exit wound

Determination whether the wound is suicidal, homicidal, or accidental

A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of
burning, singeing and tattooing of the area around the gunshot wound
2. The presence of usually but one gunshot wound. In most cases, after a
shot, especially at the head, the victim can no longer voluntarily act to inflict
another shot.
3. Portions of the body involved are those accessible to the hand of the victim
utilize in committing suicide, he will not think of the difficult way of ending his life
unless he has the intention of deceiving the investigators.
4. History of despondency, family problem which may cause him to commit
suicide
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot
2. There is no special area of the body involved
3. Testimony of the witnesses
C. Evidence to show that the wound is homicidal:
1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the
assailant
3. Signs of struggle/ defense wound may be present in the victim
4. There may be disturbance of the surrounding on the account of the
previous struggle.
5. Wounding firearm is usually not found at the scene of the crime
6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether banging is suicidal, homicidal, or accidental
 1. Hanging - a stare of injury or death of the body whereby the ligature
tightened around the neck by the
A. Suicidal Hanging - in death by hanging is usually suicidal unless proven
otherwise. Some evidence to prove suspension of the body are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or
wires
2. Identification of the fibers from the rope in the hands of the victim
3. Evidence of movement of the rope on the beam or anchorage from
upward and downward as the body has been suspended
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body at the victim,
3. Presence of signs of struggle in the clothing, furniture, beddings,
and others.
4. Nature of the window, curtains, and doors
C. Accidental hanging is not common.
2. Strangulation
- Strangulation by ligature is usually homicidal and is done by tying the
ligature around the neck and the two ends pulled in the opposite direction in
such a manner that tightens the ligature. Ligature used may be rope, chain,
wires, vines, rolled clothing.
SUICIDES
Ways of Committing Suicide
1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning
ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes
about through some act of will, lies beyond the bounds of human forceable
consequences.

How Accidental Deaths Occur

1. Examination of the body revealed marked tearing of the wearing apparel,
burns of different degrees on the skin surface, wounds of almost any description
and almost the whole body is affected by the injury.
2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to
house, tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighborhood on account of extreme heat.

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

Principle involved in any Crime Scene Investigation

 Locard's Exchange Principle - it states that whenever someone enters or
exits an environment, something physical is added to and removed from the scene.

PHYSICAL EVIDENCE - Physical evidence deals with material objects. It may be

material left or taken from the scene of a crime by the suspect or victim, or it might
be an impression left in some material.
Definition of Glass - is an amorphous solid which is the combination of sand
(SiO2), soda (Na2CO3), and lime (Cao) that produces a transparent solid when
cooled
How does glass break? Each force causes a deformation that may leave a visible
mark or fracture the glass. These markings can be used to determine direction of
the force, amount of force applied, sequence of impacts.
- Glass acts as an elastic surface and bends away when an initial force is
applied. When the force increases beyond its tensile strength, it CRACKS
FRACTURE PATTERNS OF GLASS
 Radial Cracks - form FIRST and span out in short (spider-like) segments on
the OPPOSITE side of the force.
 Concentric Cracks - come SECOND on the SAME side as the force applied.

Basic Properties of Blood

 Blood is in a liquid state when inside the body, and when it exits the boldly, it
does so as a liquid.
 The presence of blood clots in bloodstains can indicate that the attack was
prolonged, or that the victim was blending for some time after the Injury
occurred.
 8% of total body weight
Types of Blood Stains
 Passive Stain - includes drops, flows and pools, and typically resulted from
gravity acting on an injured body and objects
 Transfer Stain - results from objects coming into contact with existing
bloodstains and leaving wipes, swipes or pattern transfers behind such as a
bloody shoe print or a smear from a body being dragged.
 Projected Stain - also known as Impact stains, Pattern that occurs when a
forge is applied to the source of the blood; includes low, medium, or high
velocity sputters, cast off, arterial spurting expiratory blood blown out of the
nose, mouth or wound. Usually seen at spatter.
 Blood Spatter - is defined as a dispersion of blood spots of varying size
orated when a source of fluid blood is subjected to an external force.
Categories of Blood Spatter
 Impact Spatter - created when a force is applied to a liquid blood source,
 Projection Spatter - caused by arterial, spurting, expiated spray.

Cast Off - results when an object swung in an arc flings blood onto nearby surfaces;
counting the arcs can also show the minimum number of blows delivered.
 Arterial Spray - refers to the spurt of blood released when a major artery is
severed
 Expirated Spatter - is usually caused by blood from an internal injury
mixing it with air from the lungs being expelled through the nose, mouth or
an injury to the airways or lungs
 Gun Shot Spatter - forward spatter is a fine mist and back spatter is larger
and fewer drops
 Arterial Spatter
 Expirated Spatter
VOID PATTERNS
 Avoid occurs when a person or object blocks the path of the blood
 Void Patterns are important because voids can show investigators if a body
was moved from the crime scene
 Determines if objects are missing from the scene

Determining the position of the blood source

 Point of Convergence - is the intersection of two bloodstain paths, where
the stains come from opposite sides of the impact pattern.
 Area of Convergence - is the box formed by the intersection of several
stains from opposite sides of the impact pattern

CLASSIFICATION
 Natural Death
1. Prematurity
2. Very Old Age
3. Disease-Caused
a. Organ Destruction (Cancer)
b. Ineffective (infectious) blood-Sepsis (Septicemia/Septic Shock)
c. Multiple Organ Failure-Cardio-Pulmonary (Respiratory) Arrest
 Non-natural Death:
1. Violent (mauling, stabbing, puncturing, incising, lacerating hacking,
gun-shooting, etc.)
2. "Crime-related" (felonious intentional/deliberate or
negligent/imprudent/OR offensive)
3. MEDICO-LEGAL CASES
 VERY SEVERE INJURY OF THE VITAL ORGAN (of the brain or the heart)
 LOSS OF EFFECTIVE CIRCULATING BLOOD (HYPOVOLEMIA/HYPOVOLEMIC
SHOCK)-"bleeding-to-death"
 LACK OF OXYGEN ENTERING THE LUNGS (ASPHYXIA)
 Unclassified (neither natural nor non-natural)
1. Self-homicidal (suicidal)
2. Self-accidental
3. Phenomenological (unexplainable)
a. Sudden Infant Death Syndrome (S.I.D.S.) or Crib Death
b. Tension Pneumothorax
C. Acute Hemorrhagic Pancreatitis

Pathological Classification
1. Death of Syncope - loss of consciousness, fall of blood pressure, cardiac
standstill, cerebral metabolism, cardiac disease, tussive syncope hysterical syncope
2. Death of Asphyxia - Respiratory obstruction and circulatory arrest, inhalation of
obnoxious gases fumes, drowning and electric shock, compression of the neck and
strangulation, compression of the chest and asphyxia in brain injury.
3. Death of Coma - It is a profound stupor in sickness or after severe injury.
ASPHYXIA by
1. Solid: Internal: CHOKING
External: STRANGULATION by Hanging, Smothering, Ligating, Manual gripping /
Throttling, or Compressing/Crushing.
2. Liquid DROWNING in Water ether salty /non-fresh or non-salty/fresh; or non-water
3 Gaseous: Non-oxygen: SUFFOCATION or Non-carbon dioxide: CARBON MONOXIDE
POISONING

Death by Asphyxia
  A condition resulting from a lack of oxygen in the air of from an obstructing
mechanism to respiration.
 The general term applied to all forms of violent death which results primary
from the interference with the process of respiration on the condition in which
the supply of oxygen to the blood or to the tissues or both has been reduced
below normal level.

Types of Asphyxia
1. Anoxic Death - associated with the failure of the arterial blood to become
normally saturated with oxygen.
2. Anemic Anoxic Death - due to a deceased capacity of the blood to carry
oxygen,
3. Stagnant Anoxic Death - brought about by the failure of circulation
4. Histotoxic Anoxic Death - due to the failure of the cellular oxidative process,
although the oxygen is delivered to the tissues, it cannot be utilized properly.

Types of Mechanical Asphyxia

1. Strangulation (Throttling) - may be with the use of hands or a ligature (such
as rope).
2. Smothering or Suffocation - occurs when entrance of air through the nose and
mouth is blocked or severely restricted.
3. Hanging - the neck is tied while the body is suspended common from suicide.
4. Choking - there is blocking of the internal airway by a foreign object inside or
outside of the victim's body.
5. Crush or Traumatic Asphyxia - brought about by the mechanical compression
of the chest by some heavy object.
6. Drowning - is a type of suffocation induced by the submersion or immersion of
the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in
situations where others present are either unaware of the victim's situation or
unable to offer assistance. After successful resuscitation, drowning victims may
experience breathing problems, vomiting, confusion, or unconsciousness.
Occasionally, victims may not begin experiencing these symptoms for several hours
after they are rescued. An incident of drowning can also cause further complications
for victims due to low body temperature, aspiration of vomit, or acute respiratory
distress syndrome (respiratory failure from lung inflammation).
Autopsy
 A comprehensive study of a dead body performed by trained physician using
recognized dissection procedures and techniques, primary to determine the
true cause of death
 Indicates that, in condition to an external examination, the body is opened
and internal examination is conducted.
Post Mortem Examination
 Refers to an external examination of a dead body without incision being
made, although blood and other fluids may be collected for examination.

Kinds of Autopsies
1. Hospital or Non-Official - Done on a human body with the consent of the
deceased person's relatives for the purpose of:
a. Determining the cause of death
b. Providing correlation of clinical diagnosis and clinical symptoms
c. Determining the effectiveness of therapy
d. Studying the natural course of disease process
e. Educating students and physicians
2. Medico Legal or Official - An examination performed on a dead body purpose
of:
a. Determining the cause, manner or mode and time of death
 b. Recovering, identifying and preserving evidentiary material
c. Providing correlation of facts and circumstances related to death
d. Providing a factual, objective medical report for law enforcement,
prosecution and defense agencies.
e. Separating death due to disease from death due to external cause for
protection of the innocent.

Negative Autopsy
 An autopsy which failed to establish cause of death after all efforts have been
exhausted an autopsy which after a meticulous examination with the aid of
other examination does not yield any definite cause of death
Negligent Autopsy
 An autopsy wherein no cause of death is found on account of imprudence,
negligence, lack of skill and lack of foresight of the examiner

Method of Disposal of the Dead Body

1. Embalming - Artificial Mummification
2. Burial - Inhumation of Interment, is a method of placing the dead body in the
grave
Funeral - It is the procession of the dead body fallowed by grieving relatives,
friends and other persons to the place of burial in accordance with the religion,
custom and traditions
3. Cremation - is the burning of the dead body in to ashes or pulverization of the
body into ashes by the application of heat or flames.
Requirements: permit for cremation, exact identification of the deceased and
exact cause of death has been ascertained.
4. Disposal of the Dead Body to the Sea
5. Use of the Dead body for Scientific Purpose

 Exhumation - It is the raising or disinterring of the dead body or remains

from the grave.
- Refers to the taking out of a body from its tomb or gravesite
- Can be done only upon a lawful order, with permission from the Department
of Health.
- Remains of persons who died of non-dangerous, non-communicate disease
may be disinterred after three (3) years.
- Remains of persons who died of dangerous communicable diseases may be
disinterred after five (5) years.

SHOCK
1. Septicemia or SEPTIC SHOCK - blood infection or sepsis where there is always
livor mortis.
2. Hypovolemia or HYPOVOLEMIC SHOCK - loss of blood in the circulation
resulting in pallor which is the opposite of livor mortis.

DEAD is...
 an adjective word used to denote the state of DEATH;
 Synonymous: DECEASED, LIFELESS,
 non-living state of organisms or species;
 commonly referred to as BODY in the expression "Body Count" which is for
the non-living person, (while "Head Count" is for the living person) in Military,
Law Enforcement, and Investigative settings
SEXUAL IN NATURE
MEDICO-LEGAL PURPOSES
1. for DETECTION OF ANY INJURY and DETERMINATION OF THE EXTENT OF
SUCH INJURY on the subject [victim), with much focus on the anal and/or genital
portions;
2. for DETECTION OF SPECIMEN [assailant's) on the subject (victim) and
IDENTIFICATION OF SUCH SPECIMEN, and if it is possible, its probable source [the
assailant];
3. for COLLECTION with proper labeling, PROCESSING, and PRESERVATION of
identified specimen; &
4. for accurate DOCUMENTATION OF FINDINGS in the form of a report or
certificate to be used as corroborative evidence
MEDICO-LEGAL PROCEDURES
1. PHYSICAL EXAMINATION of the subject: [victim) with much focus on the anal
and/or genital portions;
2. SEMEN DETECTION (on the subject (victim] and/or other surfaces;
3. SPERM DETECTION (through microscopy) from the subject (victim) and/or other
surfaces,
4. MICROSCOPIC EXAMINATION OF DISCHARGE to detect Infection;
5. SEROLOGIC EXAMINATION for blood typing and/or matching; &
6. D-eoxyribo N-ucleic A-cid TESTING for genetic composition matching.

MEDICO-LEGAL EXAMINATION
1. First, IDENTIFICATION OF IDENTITY DETERMINATION of the subject (victim], even
if deceased (name, age, gender, sex background, etc.);
2. DETECTION OF ANY INJURY on the subject (victim) with much focus on the anal
and or genital portions (anal orifice, penis and scrotum (male), and vulva [female]);
3. DETECTION OF PERTINENT SPECIMEN from the subject (victim) (oral, anal,
urethral, and vaginal orifices) and other surfaces (skin, haired-portions, dothes,
linen, etc.), &
4. RECORDING OF ALL THE PERTINENT FINDINGS

MEDICO-LEGAL FINDINGS
1. Injury, in the form of either a:
 Laceration;
 Abrasion
 Contusion
 Combination of any, oral of the three injuries above mentioned
2. Presence of either a;
 Semen
 Sperm
 Blood;
 Pus (infected discharge);
 Foreign object; or
 Combination of any of the five specimens above mentioned

SITES OF INJURY
 for LACERATION, hymen, anal orifice, fourchette, pudendum
 for ABRASION: peri-hymenal portion, labra majora (outer/big lips), labia
minora (inner/small lips), peri urethral portion, fourchette, pudendum (among
females), glans penis (head), penile shaft (body) (among males), anal orifice
 for CONTUSION: hymen, pert- hymenal portion, labia majora (outer/big lips),
labia minora (inner/small lips), peri-urethral portion, fourchette, pudendum
[among females); glans penis (head), penile shaft (body) (among males); anal
orifice
SITES OF SPECIMEN
  for SEMEN: oral cavity, vaginal canal, anal canal, pubic-haired portion, haired
portion of the head,
 for SPERM oral cavity, vaginal canal, anal canal, pubic-haired portion, haired
portion of the head;
 for BLOOD: hymen, vaginal orifice, anal orifice; for PUS (infected discharge):
urethral orifice [among males), vaginal orifice [among females);
 for FOREIGN OBJECT: vaginal canal, anal canal,

MISCONCEPTIONS
"Virginity is based on the INTACTNESS of all the anatomical structures on the
genital portion (for the females); or the ABSENCE of any form of injury (either recent
or remote) on the genital portion (for both males and females)."
"If there is NO INJURY on the hymen (for the females) and/or anal orifice (for
both males and females), then there is NO RAPE

SEXUAL OFFENSES AND DEVIATION

 Virginity - a condition of a female who has not experienced sexual
intercourse and whose genital organs have not been altered by carnal
correction.
 Virgin (or maiden) originally meant a woman who has never had sexual
intercourse. It is derived from the Latin "Virgo", which means "sexually
inexperienced woman"
 Chastity - Chastity derives from the Latin "Castitas", meaning "cleanliness"
or "purity and does not necessarily mean the renunciation of all sexual
relations, but rather the temperate sexual behavior of legitimately married
spouses, for the purpose of procreation, or the sexual continence of the
unmarried. Chastity does not imply virginity.

Kinds of Virginity:
1. MORAL VIRGINITY - state of not knowing the nature of sexual life and not
having experienced sexual relation.
2. PHYSICAL VIRGINITY - a condition whereby a woman is conscious of the nature
of the sexual life but not experienced sexual intercourse. Applies to women who
have reached sexual maturity but not experienced sexual intercourse.
 TRUE PHYSICAL VIRGINITY - a condition wherein the hymen is intact, with
the edges distinct and regular, and the opening is small to barely admit the
tip of the smallest finger of the examiner even if the thighs are separated.
 FALSE PHYSICAL VIRGINITY - A condition wherein the hymen is unruptured
but the orifice is wide and elastic to admit two or mare fingers of the
examiner with less resistance.
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.
4. VIRGO INTACTA - applied to women who have had previous sexual act but not
yet given birth

DEFLORATION - the laceration or rupture of the hymen resulted from sexual

intercourse.
 SPECIALIZED CRIME INVESTIGATION 2
with Simulation on Interrogation and Interview

CRIMES AGAINST PROPERTY INVESTIGATION

What is a Crime Investigation?
Investigation is an inquiry, judicial or otherwise, for the discovery and
collection of facts concerning the matter or matters involved.59 It is the process of
inquiring, eliciting, soliciting and getting vital information/facts/circumstances in
order to establish the truth (PNP, 2011). Crime Investigation is an ensemble of
methods by which crimes are studied and criminals apprehended. The criminal
investigator seeks to ascertain the methods, motives, and identities of criminals and
the identity of victims and may also search for and interrogate witnesses. It is the
lawful, objective, logical search for people and things useful in reconstructing the
circumstances surrounding the commission of a crime (Sabino-Diangson, 2020,
p.17)
General Principles of Investigation
Criminal Investigation is the collection of facts to accomplish three-fold aim (PNP,
2011):
1. To identify the suspect;
2. To locate the suspect, and
3. To provide evidence of his guilt.

According to the PNP Revised Criminal investigation Manual (2011), the investigator
must seek to establish the six (6) cardinal points of investigation, namely:
1. What specific offense has been committed;
2. How the offense was committed;
3. Who committed it
4. Where the offense was committed
5. When it was committed; and
6. Why & was committed

What is a Special Crime Investigation?

Special Crime Investigation is a special study of modern techniques in the
investigation of serious and specific crimes including murder, homicide, rape,
abortion, robbery, arson, kidnapping and blackmail, carnapping and criminal
negligence. Its emphasis is on physical evidence rather than an extra judicial
confession, and focuses on specific crimes which by the nature are difficult and
complex to investigate.

Robbery Investigation
Under the Revised Penal Code Article 293-298 the act of gaining, taking any
personal property belonging to another, by means of violence intimidation of any
person of violence intimidation of any person, or using force upon anything is guilty
of robbery.
The elements of the crime of robbery are (PNP, 2011, p. 171)
 The personal property belongs to another.
 The unlawful taking of that property
 With intent to gain (animus lucrandi)
 Violence against intimidation of any person or force upon things.
 The offense can be committed by a band or with the use of firearms on a
street, road or alley or by attacking a moving train, street car, motor vehicle
or airship or by entering or taking the passenger conveyance by surprise
Robbery in an Inhabited House or Edice for Worship and Private Building
The robbery in an inhabited house or public or edifice devoted for worship or
in an uninhabited place or in a private building is punishable under the Article 299
to 302 of the Revised Penal Code of the Philippines (PNP,2011, p.161)
The elements of robbery in an inhabited house or public or edifice devoted for
worship or in an uninhabited place or in a private building are:
 The culprit must enter the building where the object to be taken is found
 The entrance is effected by any of the following means through an opening
not intended for entrance, breaking any wall, roof or floor, outside door or
window, using false keys, picklocks or similar tools.
 The entrance is not required when the doors (of furniture), wardrobes, chest
or sealed furniture are broken or taking such objects away to be broken
outside the place of robbery.
The evidence needed to file the crime of robbery are (PP, 2011, p.172):
 Testimonial Evidence - Affidavit of complainant and witnesses
 Documentary Evidence - photographs, videos, police reports and other
documents
 Object Evidence - stolen items, weapons and other devices
 Other relevant evidence.

Investigation Checklist for Robbery

Here are some of the things that investigators may have to investigate in case of
robberies particularly when it involves serious injuries or the loss of lives
1. Find out as much as possible about the crime before going to the scene
and upon arrival
2. Overview. Take your bearings at the crime scene so that you get a rough
picture of the areas and what has happened.
3. Start keeping an action log.
4. Cordon off the area or extend the existing cordon if necessary. The
perpetrator s route to and from the scene may need to be cordoned off as well
5. Make sure that a list is made of the people who enter the crime scene.
6. Pause for thought and start planning. This is where the crime scene
analysis starts.
7. Note down your observations continuously. It is a good idea to use a tape
recorder.
8. Take a general photograph of the crime scene. Film the scene with a video
camera
9. Search for and collect, evidence, objects and reference samples etc.
outdoors
10. Search for and collect evidence, objects and reference sample etc.
indoors
11. Take photographs continuously. Photograph all the evidence before
collected. If possible, engage a photographer for specialized trace evidence
photography
12. If the robbery was video/filmed (CCTV), view the video to see where
evidence might be found.
13. Seize any video recordings and films in still cameras
14. Draw a sketch. Mark the places where trace evidence and reference
samples are collected
15. Write a continuous seizure report
16. Find out whether the proceeds of the robbery included bait money
17. Check the crime scene before you leave it. Make sure that you have not
forgotten anything important, such as interrogation reports, memos, equipment etc.

Entry route
After a robbery, it is important to investigate how the offender got in. It is
important to find the entry route, which is not necessarily a door. Look at the
building from the outside and try to find traces of a break-in or other damage to
doors or windows. Check the function of the lock and check whether there are any
pick marks (PNP, 2011, p. 41).
Ask the victim
Find out from the victim what has been stolen and where there are traces of
objects being moved by the perpetrator. That is the place to look for trace evidence
(PNP,2011, p. 41)
Latent footwear prints
Paper on the floor is always of interest since there may be latent footwear
prints on it. Collect all paper and then look for footwear prints on the paper at your
unit or send the papers to the Crime Laboratory for examination. There may also be
latent footwear prints on desk pads. Chair seats, etc. (PNP, 2011, p. 42).
Brigandage Investigation
Article 306-307 of the Revised Penal Code of the Philippines, and the Anti-
Piracy and Anti-Highway Robbery Law of 1974, criminalized the act of committing
robbery in the highway, or kidnapping persons for the purpose of extortion or to
obtain ransom or for any other purpose to be attained by means of force and
violence by more than three armed persons or a band of robbers.

The elements of crime of brigandage according to the PNP Criminal

Investigation Manual 2011 are the following:
 The offense is committed by at least four armed persons.
 The offenders formed a band for the purposes of committing any or all of the
following;
 Robbery in the highway;
 Kidnap persons for ransom;
 Attain any other purpose through force and violence
 There is a preconceived or intended victim

The evidence needed to file a crime of Brigandage are the following (PNP,
2011, p.162)
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - stolen items, weapons and other devices
4. Other relevant evidence.

Theft Investigation
Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent (RA 3815, 1930, Article
308). It is punishable under Article 308 of the Revised Penal Code of the Philippines.
The elements of Theft are:
 Any personal property belonging to another.
 The personal property is taken with intent to gain.
 The taking is without the owner’s consent.
 Absence of or without violence or intimidation of persons or force upon things

According to the PNP Criminal Investigation Manual (2011), theft is

consummated when the offender is able to take possession of the thing. Once the
thief has full possession of the thing, even he did not have a chance to dispose of
the same, theft is consummated.
The evidence needed to file a crime of Theft are (PNP, 2011, p163)
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - stolen items, weapons and other devices
4. Other relevant evidence

Usurpation Investigation
Usurpation is the occupation of real property belonging tis another person by
means of Violence or intimidation (RA 3815,1930, Article 312). Usurpation is
punishable under the Revised Penal code of the Philippines, Article 312.

The elements of the crime of Usurpation are (PNP, 2011, p. 163):

 The offender takes possession or real property or real right
 The real property belongs to another.
 The taking is through violence or by intimidation of persons.
 The taking is with intent to gain
The evidence needed to file a crime of Usurpation are as follows (PNP,
2011, p. 163):
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - real property rights, weapons and other devices
4. Other relevant evidence

Culpable Insolvency Investigation

Culpable Insolvency also known as Fraudulent insolvency is punishable
under Article 312 of the Revised Penal Code of the Philippines.
The elements of Culpable Insolvency are (PNP, 2011, p.164)
 This offense is committed when a debtor absconds with his property, real or
personal, to the prejudice of his creditors
 Insolvency proceedings are not a requirement.
 Other analogous acts
The evidence needed to file a crime of Culpable Insolvency are as follows:
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - travel documents and transfer contracts
4. Other relevant evidence

Estafa and Bouncing Checks Investigation

Estafa also known as Swindling is an act of defrauding another person by
unfaithfulness or abuse of confidence; deceit or fraudulent acts, and fraudulent
means (IRA 3815,1930, Article 315).
The elements of Estafa are:
 There is deceit.
 There is damage or prejudice to the offended party.
 The deceit is through unfaithfulness or abuse of confidence
 Some by means of false pretenses or fraudulent acts or means
 Other analogous acts

The evidence needed to file a crime of Estafa are as follows (PNP, 2011,
p.165):
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - stolen items, weapons and other devices
4. Other relevant evidence

Bouncing Check Law

According to the Bouncing Check Law, the act of making or drawing and
issuance of a check without sufficient funds or credit is unlawful (BP 22, 1979,
Section 1). The acts which constitute the crime of making or drawing and issuance
of a check without sufficient funds or credit are (PNP, 201, p.165)
1. Any person who makes or draws and issues any check to apply on account or for
value, knowing at the time of Issue that he does not have sufficient funds in or
credit with the drawee bank for the payment of such check in full upon its
presentment or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment
2. Any person who, having sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check, shall fall to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented within a period
of ninety (90) days from the date appearing thereon, for which reason it is
dishonored by the drawee bank

The evidence needed to file the actions for violations of BP 22 are:

1. Testimonial Evidence - affidavit of the complainant and witnesses
2. Documentary Evidence - Notion from the bank for insufficiency of funds,
demand letter, police records and other pertinent documents
3. Object Evidence - the check or any negotiable instruments
4. Other evidence relevant

Three Ways of Committing Estafa

The two indispensable elements of Estafa are Fraud or the deceit employed
to defraud another; and the other one is, Damage or the injury or damage caused
by Estafa (PNP, 2011, p.166). The three ways of committing Estafa are as follows:
1. By using fictitious name.
2. By falsely pretending to possess: power; influence; qualification; property; credit;
agency, business or imaginary transaction; and
3. By means of similar deceit
a. Altering the quality, fineness or weight of anything pertaining to his art or
business as when a jeweler to whom is entrusted a diamond-studded ring changes
the gem with lower quality.
b. Pretending to have bribed any government employee when in fact the
offender converted for his use the money taken under the pretext of a bribe
c. Estafa by obtaining food/accommodation without paying for it, or obtaining
credit by the use of false pretense; or abandoning or surreptitiously credit and food
without paying for it.
d. Estafa by inducing another to sign my document.
e. Estafa by resorting to fraudulent practice to insure success in a gambling
game.
f. Estafa by removing or concealing any court record office files.

Estafa through the Issuance of Postdating a Check without Funds

The elements of Estafa through the issuance of postdating a check without funds
are as follows (PNP, 2011.p.168):
  That the offender has postdated or issued a check in payment of an
obligation contracted at the time of postdating or issuance of such check, not
pre-existing at the time of payment.
 That at the time of the postdating or issuance of said check, the offender had
no funds or the funds deposited were not sufficient to cover the amount of
the check,
 The offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance of such check,
 He postdated or issued such check knowing at the time that he had no funds
in the bank or the funds deposited by him in the bank were not sufficient to
cover the amount of the check;
 He did not inform the payee of such circumstances;
 The payee had been defrauded.
It is important to note the following (PNP, 2011, p. 168-169):
1. It is still essential that the check must be issued in payment of a simultaneous
obligation. So, if it was issued in payment of a pre-existing obligation, there is no
Estafa since the accused obtained nothing for the said check;
2. If a check was issued as a mere guarantee, there is no Estafa since it was not
issued in payment of an obligation. And when the postdated checks were intended
merely as promissory notes, there is also no Estafa;
3. Good faith is a defense regarding the issuance of such checks. The payee’s
knowledge that the drawer has no sufficient funds to cover the postdated checks at
the time of their issuance negates Estafa.
4. Issuance of the check must be a MEANS to obtain a valuable consideration from
the payee (offended party.)

A bad check passer may be prosecuted both for Estafa under the Revised
Penal Code, and under BP 22. This instance may arise when the bouncing check is
issued to pay an obligation incurred simultaneously with or in consideration of the
check.
If the bouncing check was issued to pay a pre-existing obligation, the drawer
is liable only for violation of BP 22. The payee is aware of the insufficiency or lack of
fund in the bank to cover the check at the time it was issued, the drawer may be
held liable for BP 22, not Estafa since there is no deceit by the drawer.
 BP 22 applies even if the check is a crossed check, or a managers check or
was just used as a guarantee.
 Each act of drawing and issuing a bouncing check constitutes a violation of
BP22.
 If the drawer has valid reason to stop payment, he could not be held liable for
BP 22.

Preliminary Steps in Handling Estafa

According to the PNP Criminal Investigation Manual (2011), here is the
preliminary steps in handling Estafa:
1. Duly accomplished complaint sheet.
2. Interview the complainant to determine the extent of fraud and to establish the
following:
a. The amount of damage incurred by the suspects because the amount of
the damage of prejudice is the basis of the penalty.
b. Establish whether it is committed by means of false pretenses or
fraudulent acts or means; or abuse of confidence which is necessary in filing of
cases.
3. Obtain documentary evidence from the complainant to prove the offense, as
follows:
 a. Transaction receipts
b. Acknowledgment receipts
c. Preferably at least three (3) successive Demand Letters.
4. If none, advise the complainant to make a necessary demand letter whether by
personal delivery or registered mail.
5. Establish the amount of damage incurred from the complainant and all the
necessary elements of the offense.
6. Take down the Sworn Statement of the complainant.
7. File case for Violation of Estafa (Article 315).

Procedures in Handling Cases of Bouncing Checks

The procedure in handling cases of Bouncing Check are as follows (PNP,
2011, p.171)
1. Duly accomplished complaint sheet.
2. Interview the complainant to obtain facts and circumstances before taking the
sworn statements
3. Obtain documentary evidence from the complainant for its probative value;
a. The bounced/dishonored checks issued by the suspect/s
b. Determine whether the dishonored checks are issued checks without
sufficient funds or issued with evidence of knowledge of insufficient funds
4. Make sure that the bounced checks was properly marked by the drawee bank
indicating therein whether the reason thereof, i.e., "Account Closed" or
"Insufficiency of Funds”
5. Make necessary case referral before the Prosecutors Office for Violation of BP 22.

Altering the Substance, Quantity or Quality of Things

The Revised Penal Code Article 315 1-A, penalizes the act of Altering the
Substance, Quantity or Quality of Things.
The elements of this crime are as follows:
 Offender has an onerous obligation to deliver something of value
 He alters its substance; quantity and quality
 Damage or prejudice is caused to another

The evidence needed to file the crime of Altering the Substance, Quantity
or Quality of Things are (PNP, 2011, p. 172):
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - stolen items, weapons and other devices
4. Other relevant evidence

Misappropriating/Converting Money or Goods

The crime of misappropriating/converting money or goods received in trust or
commission or for administrator or under any other obligation to deliver or return is
penalized under the Revised Penal Code Article 315, 1-b. The elements of this crime
are (PNP, 2011, p. 173):
 The accused receives personal property for administration, or under any
obligation involving the duty to make delivery of or to return, the same.
For safekeeping or on commission or for administration or under an obligation
involving the obligation to return the same but there is misappropriation or
conversion or denial on his part of such receipt.
 The offender misappropriates or converts the thing received to the prejudice
of another.
  That there is a demand made by the offended party on the offender.
 Other analogous acts

The evidence needed to file the crime of misappropriating/ converting money or

goods received in trust or commission or for administrator or under any other
obligation to deliver or return are:
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - bank records and other fund transfer
4. Other relevant evidence

Taking Undue Advantage of the Signature of the Offended Party in Blank

The crime of Taking Undue Advantage of the Signature of the Offended Party
in Blank is punishable under Revised Penal Code Article 315, 1-C.

The elements of this crime are as follows (PNP,2011,173)

 Any paper with the offended party’s signature in blank
 Offended party delivers the said paper to the offender.
 Any document above the signature of the offended is written by the offender
without authority to do so.
 Prejudice to the offended party.
 Other analogous acts.

The evidence needed to file a crime of Taking Undue Advantage of the Signature of
the Offended Party in Blank are:
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - bank documents
4. Other relevant evidence

Other Forms of Swindling

Other Forms of Swindling are penalized under Article 316 of the Revised
Penal code of the Philippines. The Elements of other forms of swindling are as
follows (PNP), 2011, p. 174)
 Any person who under pretense as the owner of a real property sells or
mortgages the same
 Any person knowing a real property to be encumbered and falsely
representing the same to be unencumbered disposes of the same;
 Any owner of a personal property wrongfully taking it from its lawful
possessor to the prejudice of the latter or any third person.
 Any person who executes a fictitious contract to the prejudice of another.
 Any person who accepts compensation for services which were not actually
rendered but given to him under the belief that they were performed.
 Any surety in a bond in a civil or criminal case without court authority or
before cancellation of ha bond sells or encumbers the properties offered as
collaterals for the issuance of the band.
 Other analogous acts

The evidence needed to file a crime of other forms of swindling are;

1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence - photographs, videos, police reports and other
documents
3. Object Evidence - bank documents and other transactions
4. Other relevant evidence

Arson Investigation
Arson is penalized under Presidential Decree 1613, and Section 10 of
Republic Act 7659 with regards to the imposition of death penalty62. Arson is a
classic heinous crime that requires skillful, scientific and systematic investigation
procedures. The Bureau of Fire Protection (BFP)63 has the power to investigate
all causes of fire and if necessary (RA 6975, 1990, Section 54), file the proper
complaint with the City or provincial Prosecutor who has jurisdiction over the case.
The elements of the crime of Arson are (PNP, 2010, p.176):
 Any person burning a structure (edifice or building or dwelling).
 The burning is intentional and with intent to damage the property.
 Other analogous acts

Basic Methods of Fire Investigation

According to the PNP Criminal Investigation Manual (2010), here is the Basic
Method of Fire Investigation:
A. Preservation of the Fire Scene
a. Consider the fire scene itself as evidence.
b. Avoid contamination, loss or unnecessary movement of physical evidence
within the fire scene.
c. Secure the fire scene from unauthorized intrusion.
d. Limit the access in the fire scene to those persons who only need to be
there.
B. Examination of the Fire Scene
a. Examination should be thorough
b. Analyze fire patterns
c. Trace fire spread.
d. Identify areas and points of origin
e. Identify the fuel involved.
f. Establish the corpus delicti by eliminating all natural or accidental causes
C. Recording the Fire Scene
a. Take photographs of the following:
i. Exterior Views.
ii. Identification of the property/Signage of house addresses number.
iii. building and grounds/Aerial photographs
iv. Interior of the building, room by room, in logical sequence. The
series of shots should start at the main door/ entrance of the premises going
inside. Series of photographs should also depict unburned areas of the
building
v. Evidence, prior to removal, in close-up and wide-angle shots. Use of
"Title Sheet" that shows identifying information of evidence is mandatory
(date/location of evidence / investigating team and other situational
information).
vi. Travel of fire or burn and flame spread patterns.
vii. Label each canister of film used to prevent confusion or loss and
maintain Photographic Log (photo record).
b. Label each canister of film used to prevent confusion or loss and maintain
Photographic Log (photo record)
D. Fire Scene Sketch - A sketch is made to assist investigators in presenting a
dear picture of the involved building to the court. The details may be general
approximation or precise measurements. Supplemented by photographs, drawings
of damage patterns, good documentation of a fire scene can assist an investigator
in re-analyzing a fire scene If previously unknown information becomes available
(PNP, 2010, p. 181)
E. Physical Evidence Examination and Testing
a. Physical evidence should be thoroughly documented before removal.
b. Evidence must be collected, identified, preserved and transported to the
laboratory in the best possible condition. Every effort should be made to prevent
contamination of materials secured as evidence. Containers for evidence may
consist of thick self-sealing plastic bags of various sizes, clean glass mason jars with
rubber washers and screw tops, metal cans with clean pressure or plastic, lids,
clean glass bottles with screw caps, and card-board or plastic boxes of assorted
sizes.
c. Maintain the security and integrity of physical evidence from the time of its
al recovery and collection to its subsequent examination and testing
d. Evidence containing latent prints should be protected so as not to smudge
or destroy the prints.
e. A letter of instruction should be sent to the laboratory with the evidence,
describing the same and what the investigator expects the laboratory technician to
recover via the various laboratory processes

F. Sources of Information
a. Preliminary interview with the owners/occupants
i. This interview is conducted to ascertain the name(s) of
owner(s)/occupant(s) insurance data, employment, etc.
ii. Nothing should be said or implied during this interview to indicate
any suspicion about the person interviewed.
iii. Information obtained in these preliminary contacts may provide a
possible clue as to an accidental fire, or leads on possible suspects and
motives
b. Insurance Firm
i. The insurance agent or broker will provide the name of the
company/les, policy number(s), terms of the insurance and expiration dates,
mortgage payable clause, name of the adjuster, and whether or not the
insurance was in the period of cancellation.
ii. It should also be ascertained, from the agent / broker who solicited
the business, who suggested the amount of coverage and whether the
premium payment was current or delinquent.
iii. The insurance adjusters can provide complete insurance
information regarding the loss.
iv. Adjusters can also supply any statements taken from the assured
and can be able to provide a sworn proof of loss, which will include specific
items claimed to be damaged or lost and which may provide the investigator
with information Indicating an attempted fraud.
v. Should the investigation indicate probable fraud, the adjuster can
request the interested insurance company/ins to withhold payment during
the course of the investigation,
c. Neighborhood Inquiry
i. When conducting a neighborhood inquiry, interview persons within a
wide area of the surrounding community.
ii. Interview the person who discovered the fire, how he/she happened
to be in the area, the location of the fire when initially observed and other
pertinent facts. Interview the person who turned on the alarm
iii. Obtain observations from neighbors concerning the fire, prior to,
during and after the fire.
iv. Ascertain the relationship of the owners(s)/ occupants(s) with the
neighbors.
v. Witness(es) may be able to provide information relative to the
insured s domestic life, financial condition, anticipated sale of the property
 and problems with the property such as flooding, heating, change of routes,
etc.
vi. It is sometimes useful to take statements from any witnesses who
appear to be hostile or who may later change their testimonies
d. Public Records
i. Legal records: deeds, mortgages of real estate and cattels; liens,
encumbrance; local and national taxes; hospital and mental records.
ii. Financial and credit information: building and loan associations;
charge accounts; public utilities (i.e. gas, water, electricity, telephone)
servicemen (i.e., newsboy, milkman, etc.)
iii. Employment records, military records, school records, juvenile
court records

Questioning Principal Suspects

Prior preparation will determine when the investigator should conduct the
initial questioning, All background Information pertaining to the suspect and the
matter under investigation should be known to the investigators prior to the
interview (PNP, 2010, p. 183). Principal witnesses should be questioned separately.
The fewer the investigators present at the interview (two is an ideal team), the
more prone the suspect will be to divulge information (PNP, 2010, p.184).
Guidelines Regarding Statements
Tape-recorded statements - It should be made on a permanent recording, for
their preservation to avoid any alterations and to ensure their availability to the
court, if necessary. Once started, a tape recorder should operate continuously. If for
any reason the recorder is shut off, the subject should be made aware of this and
when the recording is resumed, the reason for shutting off the recorder should be
noted. The subject should be asked if he/she was promised of any reward,
threatened, or forced to continue his/her statement (PNP, 2010, p.184)
 Shorthand Notes - the stenographer should be introduced to the subject.
Some investigators request the subject to initial all pages of the shorthand
notes
 Statements may be narrative or question-and-answer type. There may be
times when the subject will write his own statement, and this is desirable
(PNP, 2010, p.184).
 Statements should contain a complete personal history of the principal
subject, associates, complete and accurate account of the purchases, lease of
rental of the involved property, any strikes, personnel problems, loss of
business, neighborhood change, highway changes, inventory, a complete
account of his activities, prior to, during and after the time of fire, etc.

REPORTING ARSON INVESTIGATION

Preliminary Report
According to the PNP Criminal Investigation Manual (2010), it is not necessary
to go in to details in preparing a preliminary report. This report should be submitted
to the supervisor as soon as possible after preliminary investigation. The
preliminary report on Arson should include the following:
 Owner - his/her personal circumstances
 Occupants - their personal circumstances
 Date and hours of fire - Time five started and Fire Out
 Location of fire - this includes the street address, city or municipality,
province
Person requesting investigation and date of request
 Brief description of the building - refers to the construction and occupancy.
 Available insurance data:
 Name and address of agent
 Name and address of adjuster
  Investigator s conclusion as to the cause of the fire is it accidental?
Suspicious? Incendiary?
 Reason for closing the investigation Accident report may be concluded with
the preliminary report
 Reason for continuing the investigation Note what action is expected to be
taken by the investigator.
 Date of preliminary investigation
 Date of report
 Resume of the facts and information obtained during the course of the
preliminary investigation. It should cite the details for the investigator’s
conclusions.

Final Report
Final report contains a word picture of all information developed during the
investigation. All materials Included should be concise, accurate and complete, as it
becomes a permanent record and maybe used by prosecutors and attorneys in the
preparation of cases for trial (PNP, 2010, p.186).
The final report on Arson should include the following:
A. Case number
B. Date of report
C. Name, title, address of person requesting investigation and date of request
D. Subject: owner(s) or occupant(s), and personal circumstances
E. Date and hour of fire alarm
F. Weather conditions, especially wind direction and strength.
G. Complete and detailed descriptions of building - this includes the
height, construction, type of roof, wiring, plumbing, heating device, air conditioning,
fuel load etc. (Attach sketch) If an automobile or non-structure fire, describe and
give the serial number, license number, make, model, etc.
H. Location of loss - If in the city, give the street name and number and city
name. It rural, give mailing address, distance and direction from the nearest road
intersection, plot or lot number, etc.
I. Occupants
a. Dwelling: List name, age, race, relationship, present address,
telephone number, place of employment. If multiple dwelling, contact all
occupants and obtain the above information
b. Commercial/Institutions: List names, titles and addresses of all
officer and supervisory personnel.
J. Fire History - this is composed of the following:
a. Name and personal circumstances of person(s) who discovered or
reported the fire.
b. Fire departments and companies responded and officers in charge.
c. Detailed history of the fire as learned from BFP personnel. In this
paragraph, lit any unusual circumstances observed by firemen in
extinguishing the fire.
K. Insurance - this includes the following
a. List name, address, telephone number of company, amount of
insurance, date and number of policy and to whom it was issued
b. Agent's name, address, telephone number and name of company
c. Adjuster's name, address, telephone number and name of company
L. Evidence - this is composed of what was found, the date, time, location
and who now has custody, names, titles and addresses of persons securing
evidence; how marked; date and time evidence was taken to the laboratory,
receipt to be made a part of the report. Reports from the laboratory should
also be made a part of the report. Evidence should be secured until the case
is disposed of
 M. Photographs - Note the type of camera used to take the photos; the
name, the and address of the person taking the photos; the name and
address of the person or firm developing the prints, type of film used. List the
order in which the photographs were taken, and what each depicts. Note,
who has custody of the negatives.
N. Fingerprints - if available include three copies of fingerprints and photos
of suspect(s)
O. Suspects - this includes the names, aliases and nicknames of the
suspects), the present address, occupation, places of enjoyment, habits,
associates, family history, and past criminal records and physical descriptions
P. Motive this pertains to the reason or reasons why the suspect committed
the time. The suspect might have related his motives for the commission of
the crime, they may be deduced from the statements of witnesses.
Q. Modus Operandi It describe or narrate in the Investigator s own words
the method, system or manner the suspect entered the building, such as by
using a key, forcing a window or door open. Also outline suspects actions
before, during and after the crime.
R. Property this is the list of the articles that were removed from the
premises before the fire, and if recovered, give the name and address of the
holder. It also includes any articles that the owner said were in the fire and
which you were not able to identify as being there.
S. Witnesses - this includes the names and personal circumstances of
witnesses, their occupation, reliability and availability. State what each can
testify to and, if possible, state whether a witness is prejudiced for or against
the subject. Include a written report of all statements obtained from
witnesses
T. Financial Reports - refers to the reports of the financial status of owners,
suspects or the accused, example: bark statements, mortgage, debts,
bankruptcy, and information pertaining to deeds, ties and taxes;
U. Court Action - This includes the defendant's name, age, and addresses;
Give the names and addresses of court's presiding judge, the prosecutor and
defense counsel the
V. Assisting Officers - this includes Police, and fire arson investigations of
the Bureau of Fire Protection, NBI agents, etc.
W. Subsequent Reporting - refers to additional information to be reported

INTERROGATION AND INVESTIGATIVE INTERVIEW

What is Interrogation?
Interrogation is a process of questioning by which police obtain evidence. The
purpose of an interrogation to elicit from the suspect or from his or her relatives or
associates’ information that they may be suppressing in order to protect the
suspect from being subjected to criminal prosecution (Galerо-Мuftuoglu, 2017, р.
187). Interrogation process largely outside the governance of law except for rules
concerning the admissibility at trial of confessions obtained through interrogation
and limitations on the power of police to detain suspected persons against their will.
Three Objectives of Interrogation
Aside from obtaining information detrimental to a suspects’ case, the
following me the three objectives of Interrogation (Galero-Muftuoğlu, 2017, p. 188)
1. Establish the innocence of a suspect by clearing up facts that seem to point to
guilt
2. Obtain from the suspect or relatives and friends of the suspect
a. The names of accomplices:
b. The facts and circumstances surrounding the crime:
 c. Follow-up leads provided unwittingly, or with ulterior motive, such as
faking an alibi;
d. The location of stolen goods
e. The location of physical evidence, such as documents, a weapon, on a
burglar’s tool
3. Obtain from the suspect alone
a. Admission - it refers to the express or implied statement tending to
support the suspect’s involvement in the crime, but insufficient by itself to prove
guilt
b. Confession - it pertains to an oral or written statement acknowledging
guilt

What is an Investigative Interview?

Interview is defined as a structured conversation where one person or the
interviewer seeks to gather information from another or the "interviewee" as part of
any investigation or intelligence operation. The objective is to obtain accurate and
reliable information while respecting human rights, eliciting facts the aim, not a
confession. In the process of interviewing suspects there is the added potential goal
of obtaining an admission of guilt on a confession. However, this must not be the
primary or sole purpose of the interview as even a confession must be
substantiated by information and evidence. This will reduce the likelihood of a false
confession and will also enable officers to present stronger case against the
suspect, should a confession later be retracted

Investigative interviewing, is a technique developed by practitioners to respond

to the large body of scientific evidence that abusive and coercive techniques elicit
unreliable information. It uses building rapport with the interviewee which prevents
abusive practices, and also improves the collection and reliability of information. It
is a non-coercive approach using open questions to improve the flow of
communication and information (Norwegian Center for Human Rights, 2017)

Goals of Investigative Interview

1. Eliciting more accurate and reliable information during interviews.
2. Strengthening the capacity, efficiency, and professionalism of interviewers.
3. Eliminating reliance on unlawful, ineffective, and counterproductive coercive
questioning techniques.
4. Providing successful, affordable, and accessible methods and practices with
minimal resources.
5. Delivering more effective information-gathering operations
6. Fostering greater public trust in and cooperation with criminal justice institutions
7. Ensuring that no person is subjected to coercion, torture or other forms of is
treatment.
8. Protecting the physical and mental integrity of all persons who interact with
public authorities.

INTERROGATION/INTERVIEW TECHNIQUES
Reid Method
Reid Method, also known as The Reid Technique of Interviewing and
Interrogation, is the interrogation technique widely used by police departments.
The Reid Technique involves three components namely:
A. Factual Analysis
It is an inductive approach where each individual suspect is evaluated
with respect to specific observations relating to the crime. It relies not only
on crime scene analysis, but also on information learned about each suspect.
 Its goal is establishing an estimate of a particular suspect's probable guilt or
innocence based on such things as the suspect to social status like gender,
race, occupation, marital status, etc., opportunity and access to commit the
crime, their behavior before and after the crime, their motivations and
propensity to commit the crime, and evaluation of physical and
circumstantial evidence.
It is also intended to identify characteristics about the suspect and the
crime which will be helpful during an interrogation of the suspect believed to
be guilty such as motive or the suspect's personality type.

Behavior Analysis Interview

It is a non-accusatory question and answer session, involving both standard
investigative questions and structured "behavior provoking questions to elicit
behavior symptoms of truth or deception from the person being interviewed. The
investigator first asks background questions, to establish personal information
about the suspect and allow the investigator to evaluate the suspect's normal
verbal and nonverbal behavior.
The investigator then asks behavior-provoking questions intended to elicit
different verbal and nonverbal responses from truthful and deceptive suspects
(Inbau F., Reid J.E, Buckley, J et al, 2013, p. 63). The investigator will also ask some
investigative questions during this stage. It provides objective criteria to render an
opinion about the suspect's an opinion about truthfulness through evaluating
responses to the behavior provoking and investigative questions
B. Interrogation (NINE Steps)
An interrogation only occurs when the investigator is reasonably
certain of the suspect's involvement in the issue under investigation (Inbau,
F, Reid, J.E Buckley, J et al., 2013, p.99)
This is composed of Nine steps they are: (Inbau F. Reid, J.E, Buckley, et
al. 2013. 100)
1. Direct, Positive Confrontation. This is where the investigator tells the suspect
that the evidence demonstrates the person's guilt. If the person's guilt seem clear
to the investigator, the statement should be unequivocal (Inbau, F Reid J.E, Buckley,
J et al, 2013 p.107).
2. Theme Development. This is where the investigator presents a moral
justification (theme) for the offense, such as placing the moral blame on someone
else or outside circumstances. The investigator presents the theme in a monologue
and in a sympathetic manner (Inbau, F. Reid JE, Buckley J. et al, 2013, p115)
3. Handling Denials. When the suspect asks for permission to speak at this stage,
likely to deny the accusations, the investigator should discourage allowing the
suspect to do so. The innocent suspects are less likely to ask for permission and
more likely to promptly and unequivocally deny the accusation. It is very rare for an
innocent suspect to move past this denial state (Inbau, F., Reid, 1.E., Buckley, J. et
al., 2013.p.139)
4. Overcoming Objections. When attempts at denial do not succeed, a guilty
suspect often malkies objections to support a claim of innocence, phrases such as I
would never do that because I love my job are commonly used. The investigator
should generally accept these objections as if they were truthful, rather than
arguing with the suspect, and use the objections to further develop the theme
(Inbau, F,Red,JE, Buckley, 1. et al., 2013, p. 149). 5. Procurement and Retention of
Suspect's Attention. The investigator must procure the suspect's attention so that
the suspect focuses on the investigator's theme rather than on punishment. One
way the investigator can do this is to close the physical distance between himself or
herself and the suspect. The investigator should also channel the theme down to
the probable alternative components (Inbau, F, Reid, J., Buckley, Jet al, 2013, p.155)
6. Handling the Suspect's Passive Mood. The investigator needs to intensify the
theme presentation and concentrate on the central reasons he or she is offering as
psychological justification and continue to display an understanding and
sympathetic demeanor in urging the suspect to tell the truth (Inbau, F, Red, J. E
Buckley, J, et al 2013.p. 161)
7. Presenting an Alternative Question. The investigator should present two
choices, assuming the suspect's guilt and develop as a logical extension from the
theme, with one alternative offering a better justification for the crime e.g., "Did you
plan this thing out or did it just happen on the spur of the moment? The investigator
may follow the question with a supporting statement "which encourages the
suspect to choose the more understandable side of the alternative (Inbau, F,
Reid,J.E., Buckley, Jet al., 2013.p.168)
8. Having the Suspect Relate Details of the Offense. After the suspect accepts
one side of the alternative thus admitting guilt, the investigator should immediately
respond with a statement of reinforcement acknowledging that admission. The
Investigator then seeks to obtain a brief oral review of the basic events, before
asking more detailed questions (Inbau, F., Reid, J.E., Buckley, J. et al., 2013.p.176)
9. Converting an Oral Confession to a Written Confession. The investigator
must convert the oral confession into a written or recorded confession. The website
provides some guidelines, such as repeating Miranda warnings avoiding leading
questions, and using the suspect's own language (Inbau, F, Reid, J.E, Buckley, J. et
al., 2013, p. 182).

PEACE Method
PEACE model (Planning and Preparation, Engage and Explain,
Account, Closure, Evaluation), developed in the United Kingdom in response to a
number of documented forced confessions and associated wrongful convictions in
the 1980s and '90s (Norwegian Center for Human Rights, 2017)
Step One: Planning and Preparation
It is one of the most important steps in investigative interviewing without it,
interviews may hall before they even begin. Planning-refers to the process of
getting ready to interview, both mentally and strategically. Preparation covers what
needs to be ready prior to the interview such as the location of the interview, the
environment, as well as technical and administrative matters.

Essential Elements of Good Planning

 Obtain as much background information as possible on the incident under
investigation, including all relevant information on the person to be
interviewed.
 Understand the purpose of the interview based on an investigation plan
recognizing all the relevant and competing hypotheses to be explored,
including the possibility that the suspect is innocent
 Assess what additional information is needed and how it can be best
obtained.
 Follow the legislation and associated guidelines and rules.
 Prepare the technicalities of the interview (attending to exhibits, logistics,
venue, equipment functioning, seating, lawyer, interpreter, and so on
(Norwegian Center for Human Rights, 2017)
Step Two: Engage and Explain
Engaging the interviewee and establishing rapport is the first step to
encouraging a conversation. It is the most influential factor in ensuring productive
interviews (Norwegian Center for Human Rights, 2017). At the outset the
interviewee must be informed why they have been brought in for questioning and of
the formalities that apply. Officers must be aware that being interviewed can make
people nervous and conversation that calms the interviewee may be needed.
However, interviewers shall not work towards a pretend "friendship” with
interviewees.
 The aim is to engage the interviewee so that a cooperative and relaxed
relationship (one that stimulates memory and communication) is sustained
throughout the interview (Boyle, and Vullierme, 2015, p. 23). In engaging with the
interviewee, the officer should seek the following (Norwegian Center for Human
Rights, 2017):
1. Create an empathetic and respectful relationship from the outset
2. Explain the reasons, background, rights, formalities and procedures for the
interview, including information about audio/video recording.
3. Establish certain ground rules by telling interviewees:
 That what they have to say is important so they need to report everything
they can and try their hardest not to leave anything out
 Not to edit as they go even If they believe some information has no relevance
to the matter being investigated
 That they need to concentrate because striving to retrieve Memories can be
hard work
 That they should feel free to speak up if the officer: asks a question they do
not understand; asks a question they do not know the answer to;
misunderstands what the interviewee has said; asks a leading or
inappropriate question
Step Three: Account
Interviewers should allow the interviewee to present their uninterrupted free
account of the case or event under investigation, this is after establishing the
rapport and explaining the ground rules for the interview. It is important that the
interviewee is provided with the opportunity to present their side of the story,
before more detailed questions are asked (Norwegian Center for Human Rights,
2017).
Three main steps in getting the free account from the interviewee:
1. Introduce and explain the form and purpose of the free and uninterrupted
account
2. Hand over the initiative (give the floor") to the victim, witness or suspect (as
applicable)
3. Employ active listening while the interviewee presents the free and uninterrupted
account

Active listening assists the interviewer to establish rapport and help elicit a
full and accurate account. Use TED'S PIE: Tell me, Explain, Describe, Show Me-
Precisely, In detail, Exactly. Using this approach helps build rapport and
prevents the interviewer contaminating the account being given. The TED'S PIE-
approach makes use of encouragements/ invitations to obtain an account
(Norwegian Center for Human Rights 2017)
Types of Questioning
 Open-ended Questions - Refers to the questions that allow the suspect to
reply with longer, more detailed responses and lack direction from the
interviewer. These can be questions such as; "What happened?" of questions
that begin by asking the suspect to "tell", "explain" or "describe" some event
or situation (Boyle, and Vullierme, 2015, p. 25).
 Closed Questions - Refers to the questions that require more definite and
distinct answers. Examples include "What time was that? Who else was
present? "What is his address?" Such questions allow more control over what
the suspect says and are useful where the suspect has left out information
that you need However, they can limit the account given (Boyle, and
Vullierme, 2015, p. 26).
 Forced-choice Questions - Refers to the questions that greatly restrict the
possible answers to those that you have determined. The question may be
"Was it a rifle or a handgun?” When the weapon may have been a shotgun,
The suspect may simply pick one of the choices offered in order to please the
interviewer or just move the questioning on. You should avoid these as they
don't suggest an open mind, and because answers may be outside those
 conceived of by the interviewer Do not limit the interview in this way (Boyle,
and Vullierme 2015. p.26)
 Multiple Questions - Refers to the questioning where the interviewer asks
more than one question at the same time. This can easily confuse an
interviewee and make the answers given equally confusing to the
interviewer. An example would be to ask, "When did he say that and what did
he do and who else was present?" (Boyle, and Vullierme, 2015, p.26).
 Leading Questions - Refers to the questions that induce a particular reply
and may be judged to have manipulated the interviewee. An example would
be to ask, "You wanted to injure him, didn’t you? They can lead the suspect
to the point where they agree with what is being said even where they are
uncertain or have no clear memory (Boyle, and Vullierme, 2015.p.26)
Step Four: Closure
As the interview comes to an end, the interviewing officer should explain
what will happen next by giving the interviewee appropriate information about the
next stages of the process: for example, inform suspects of potential pre-trial
detention, tell witnesses whether or not they should expect to attend court, etc.
(Norwegian Center for Human Rights, 2017)
Finally, the interviewee should be asked if they have any questions for the
viewing officer at this stage. This has little or no real effect if the communication
has been coercive. However, if the interview has been conducted as outlined above,
this question may add to the interviewee's perception of having been treated fairly
(Boyle, and Vullierme, 2015, p. 26).
The goals of closure are the following (Norwegian Center for Human
Rights, 2017)
1. Ensure there is a mutual understanding of the interviewee's account by
reviewing and summarizing it
2. Verify that all aspects have been sufficiently covered by checking that
interviewees have given all the information they are able and willing to provide
3. Secure the integrity and dignity of the interview, the legitimacy of any
subsequent criminal proceedings, and keep channels open for future
communication
Step Five: Evaluation
This is the phase wherein the interviewer evaluates the entire process of the
interview and determines if his objectives were met. He also evaluates the method
he used in acquiring used statements from the witness, victim, or suspect and the
effectiveness of said method (Galero-Muftüoğlu 2017, p. 186)
If the interview is evaluated by a supervisor, senior officer or colleague, make
sure that the interviewing officers are given the opportunity to comment on their
own performance, before the evaluator gives their points, starting with what was
positive, moving on to what could be improved next time (Norwegian Center for
Human Rights, 2017).
Mendez Method
The Mendez Principles, also known as the new Principles on Effective
Interviewing for Investigations and Information Gathering. It was named
after Juan Mendez, the Argentine lawyer, torture survivor and former UN Special
Rapporteur. It is a concrete alternative to interrogation methods that rely on
coercion to extract confessions. They provide guidance on obtaining accurate and
reliable information in full respect of the human rights and dignity of all, including
through the implementation of legal and procedural safeguards in the first hours of
police custody (IRCT, 202)
The Mendez Method has three parts, Before, During, and After the
interview.
1. Before the Interview-Ensuring a Non-Coercive Environment
Creating a non-coercive environment involves the respect and fulfilment of
human rights from the first moment of contact between the interviewee and
authorities. This allows law enforcement, intelligence, security or military officials to
create conditions conducive to gathering accurate and reliable information during
the interview, to fulfill State obligations under international law and to protect the
rights of the interviewee. Unlawful and unprofessional behavior, and a lack of
accountability, at the early stages of contact may taint the overall judicial process
irreversibly (Mendez, 2016 14-15)
Keeping the Interviewee Informed
Showing concern for the interviewee from the initial contact is the first
opportunity for creating trust and rapport. This is more likely when an interviewee is
given early, explicit explanations of why they have been brought in questioning,
which formalities apply, and how the interview will proceed. Explaining procedures
and likely activities is an early opportunity to display sincerity, provide
predictability, be respectful and attentive, and promote trust. The right to be
informed by the detaining authority about the reasons for arrest applies regardless
of the manner, or the formality or informality with which an arrest is conducted, and
regardless of the reasons for the deprivation of liberty (Mendez, 2016, p. 15).
Information regarding an interviewee's rights and how to exercise them should be
conveyed verbally, in dear, non-technical, and precise language upon arrest, and it
should also be provided in writing by the detaining authority upon arrival at the
place of detention in a language and format they understand.
Notification of Family or Third Party
A key safeguard for detainees is their right to promptly notify a family
member, friend, or other person of their choice about the fact, place and
circumstances of their detention. The detaining authority is responsible for enabling
the communication with the third party and recording who has been notified and
when the notification took place (Mendez, 2016, p.16). Foreign nationals who are
arrested or detained must be informed immediately of their right to communicate
with a consular or diplomatic representative of their country of origin, and Asylum
seekers should be informed of their right to contact relevant international agencies.
Contact is to be facilitated by the detaining authority (Mendez, 2016, p.17).
Access to a Lawyer
All detained persons being interviewed have a right to a lawyer, including
through legal aid, before any questioning try authorities independent of their status
or formal designation. Access to a lawyer is inextricably linked to the protection of
rights, prevention of torture and other ill-treatment, and helps to protect against
compelled self-incrimination. The interviewer is entitled to a lawyer of their own
choosing, or to have one provided for them free of charge where the interests of
justice so require. The presence of the lawyer is compulsory for detained children
interviewed as suspects (Mendez, 2016, p.17)
Access to Medical Examination and Health Care
Authorities have a duty to protect the integrity and health of all persons in
their custody. Detainees must be expressly guaranteed the right of access to a
doctor and the right to a medical examination by an independent health
professional, without delay from the moment of deprivation of liberty. The detaining
authority is also responsible for providing detainees with access to medical care
throughout their detention. The physical and mental state in which an arrested or
detained person enters the detention facility, including signs or complaints of
excessive force used during the arrest and transportation into custody, should be
recorded by the doctor or other medical professional, Individuals who are to be
interviewed must be physically and psychologically fit for that purpose (Mendez,
2016, p.18)
Preparations for the Interviewer
Once an individual has been identified as a person the authorities wish to
interview, the appointed interviewer should start thorough preparations. Being fully
prepared increases an interviewer's ability to effectively communicate with
interviewees, and hence, the likelihood of obtaining reliable information. Before
commencing an interview, it is crucial to maximize the investigative and evidentiary
value of the information already gathered. When preparing for an interview-and
throughout the process-interviewers should exercise caution to avoid confirmation
bias. Interviewers should continually monitor their own emotions about the subject
matter and their feelings toward the interviewee, to be able to project calm and
self-control throughout the interview (Mendez, 2016, p.19)
2. During the Interview-Establishing and Maintaining Rapport
Effective interviewers are adaptable, listen carefully, communicate empathy,
and adopt the ethos that non-coercive, humane, ethical, lawful and appropriate
questioning serves the interest of all involved the interviewer, the interviewee and
the information-gathering authorities. They recognize that the interviewer's role is
to acquire the best possible information for decisions to be made. Only courts
determine guilt or innocence. The development of rapport is essential is supporting
effective information gathering. During the interview, rapport entails establishing
and maintaining a relationship characterized by: respect and trust, a non-
judgmental mindset, non-aggressive body language Attentiveness; and patience
(Mendez, 2016, p.20).
Information-Gathering Techniques
Active listening helps the interviewer process the information provided by the
interviewee. By listening actively, the interviewer shows that they are following
what the interviewee is saying and making efforts to understand. The interviewer
takes care not to lead interviewee, inadvertently by using verbal or visual cues,
including sounds, gestures or questions, which may be interpreted as agreeing on
disagreeing with what the person is saying, Accurate summaries of what the
interviewee has said may facilitate the positive progression of the interview and
assist the interviewer and interviewee in recalling important details (Mendez,
2016.p.21).
Encountering Reluctance
Interviewers may encounter interviewees who are reluctant to talk and
therefore should anticipate how they will handle such situations. Not wanting or
agreeing to answer questions may be a deliberate choice. This decision must always
be respected and has no bearing on the interviewer's right to the presumption of
innocence. Reasons why an interviewee might be reluctant to talk can include
general anxiety or uncertainty about the process, especially if the person has never
been involved in such a situation before. It is also possible that an interviewee may
be willing to provide information but is unable to do so. This can be because they
did not have the relevant information to begin with, or they failed to register the
details. Interviewers should not draw negative inferences from the interviewee's
failure or refusal to answer questions and should remain non-judgmental when an
interviewee may make admissions to crimes or convey embarrassing information
(Mendez, 2016, p.21)

Suspending the Interview

It is appropriate and permissible for interviewers to suspend the interview in
order to follow up on information received or conduct additional enquiries. Other
reasons to suspend an interview are (Mendez, 2016, p.22):
1. If the interviewee requires medical attention,
2. If a person originally interviewed as a witness becomes a suspect in the course of
an interview; and
3. If the lawyer or the interviewee may request a break, for instance in order to rest
or to consult in private. A refusal to accept such a request by the interviewer may
affect the reliability of information gathered from the interview.
3. After the Interview-Assessment and Analysis
An effective interviewer should always end the interview respectfully and on
a professional note. This increases the likelihood of keeping channels open for
future communication, avoids possible misunderstandings and can improve trust in
public institutions. The interviewer should review the information obtained with the
interviewee and the lawyer, if involved, and, where a written record (as opposed to
an audio video recording) has been made, invite them to sign as a confirmation of
the record's accuracy. Any amendments should be recorded, and if relevant, any
refusal of the interviewee to sign the interview record. Once the interview has been
completed, the interviewer ensures that the information provided during the
process is subject to the appropriate level of privacy and of data protection. The
interviewer should assess and analyze the following (Mendez, 2016, p.23)
1. The value and reliability of the information obtained and how it fits with known
evidence, information gaps and other intelligence gathered.
2. What further enquiries are necessary in order to advance the investigation or
operation, and
3. Whether all relevant safeguards were applied effectively.

Kinesic Interview Method

Kinesic Interview Method involves analyzing a person's behavior to assess
deception (Orlando, 2014). The study of kinesics focused on the observable cute
and physical behavior of the body an order to ascertain the person's current
emotional state and the role the body plays in communicating the information. It
states that, by understanding the vocabulary of the body language, along with the
diagnosis of a person's verbal output, an interviewer could more easily assess a
person's truthfulness or deception regarding current issues under discussion
(Walters, 2002, p. 21). It has two phases: the Practical Kinesic Analysis Phase,
and the Practical Kinesic Interrogation Phase.
Practical Kinesic Analysis Phase
During the analysis phase, the interviewer uses several techniques to
observe and analyze the subject's behavior in order to determine the subject's
truthful and deceptive behaviors or at least to determine those areas most sensitive
to the subject and, therefore, in need of further attention through verbal inquiry. It
recognizes the cues of truthful and deceptive behavior generated by the subject
through:
1. Verbal Cues - this involves the identification of symptoms of speech quality and
content which give the interviewer the most productive body of data necessary to
determine truth and deception.
2. Practical Kinesic Statement Analysis - Assessment of truth and deception
through the use of verbal cues coupled with methods of human recall and
symptoms made self-evident in the statement taking process.
3. Body Language Cues - Refers to the observable body language cues of
deception that are unbalanced or inconsistent in relation to the speech cues or
emotional symptoms generated by the subject at the same time.
4. Kinesic Subject Control - It refers to the various techniques available to the
interviewer to take control and command of the interview environment. From
proxemics to mirroring or the use of enhanced information gathering skills.
5. Confession Behaviors – It is the verbal and nonverbal acceptance cues
generated by a subject who is prepared to give an admission of confession
Practical Kinesic Interrogation Phase
Practical Kinesic Interrogation Phase involves the interviewer determining the
subject's frame of mind in response to the interview stress. It also helps the
interviewer in determining the subject is suffering from personality disorder or
psychosis. It also helps the interviewer determine the subject's personality type
which enables him to understand how the subject thinks and to determine the
subject's strengths to be avoided and the weaknesses that can be exploited. Lastly
it will help the investigator in determining the defense mechanism of the subject
which keeps the subject from having to face the reality of his actions, and by
identifying and disarming these mechanisms, the interrogator can obtain admission
or confession (Walters, 2002, p. 3)
Guidelines on Custodial Investigation
 According to the PNP Operational Procedures Manual (2011), the duties of the
Police during custodial investigation are as follows:
1. The arresting officer, or the investigator, as the case may be, shall ensure that a
person arrested, detained or under custodial investigation shall, at all times, be
assisted by counsel, preferably of his own choice (PNP 2011, p.33)
2. The arresting officer, or the investigator, as the case may be, must inform the
person arrested, detained or under Custodial investigation of the following rights
under the Miranda Doctrine in a language or dialect known to and understood by
him (PNP,2011, p.33)
a. That he has the right to remain silent:
b. That if he waives his right to remain silent, anything he says can be used
in evidence against him in court:
c. That he has the right to counsel of his own choice,
d. That, if he cannot afford one, he shall be provided with an independent
and competent counsel; and
e. That he has the right to be informed of such rights.
3. If the person arrested, detained, or under custodial investigation opted to give a
sworn statement, the arresting officer, or the investigator, as the case may be, must
reduce it in writing (PNP, 2011, p.34)
4. The arresting officer must ensure that, before the sworn statement is signed, or
thumb marked, if there is inability to read and to write, the document shall be read
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 language or dialect known to him (PNP, 2011, p. 341
5. The arresting officer, or the investigator, as the case may be, must ensure that
any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be (PNP, 2011, p.34):
a. In writing;
b. Signed by such person in the presence of this counsel; or
c. In the latter's absence, upon a valid waiver, and in the presence of any of
the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, priest, imam or religious minister chosen
by him It is important to note that failure of the arresting officer, or the investigator,
to observe the above-mentioned procedures shall render the extrajudicial
confession inadmissible as evidence in any proceeding (PNP, 2011, p.34)
6. The arresting officer, or the investigator, as the case may be, must, under
established regulations, allow the person arrested, detained, or under custodial
investigation visits by or conferences with the following:
a. any member of his immediate family,
b. any medical doctor,
c. priest, imam or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any local Non-Governmental Organization
(NGO) duly accredited by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the President
7. After interrogation, a person under custodial Investigation shall have the right to
be informed of his right to demand physical examination by. An independent and
competent doctor of his own choice. If he cannot afford the services of a doctor of
his own choice, he shall be provided by the State with a competent and
independent doctor to conduct physical examination. If the person arrested is
female, she shall be attended to preferably by a female doctor (PNP, 2011, p.34-35).
The physical examination of the person under custodial investigation shall be
contained in a medical report, which shall be attached to the custodial investigation
report.
 TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION
TRANSPORTATION
- is the conveying of persons and goods from one place to another.
- from the Latin word “Terans" meaning across or and move and “Portare”
means to carry
TRAFFIC
- It refers to the movement of persons, goods, or vehicles, either powered by
combustion system or animal drawn vehicle, from one place to another for
the purpose of safe travel.
- It is movement of vehicles, people from point of origin to the point of
destination.
- It is a movement of traffic unit in a traffic way. It is also applied with the
movement of other vehicles, as well as persons, goods or even messages
and articles
Traffic Management
- It is an executive function such as planning, organizing, and directing,
supervising, coordinating, operating, recording budgeting traffic affairs
- It also refers to the activities undertaken by a highway transportation
agency to improve roadway system safety, efficiency, and effectiveness for
both providers, and consumers of transportation services

DEFINITION OF TERMS
 MANAGEMENT - Refers to the skillful use of means to accomplish purpose
 OPERATION - Pertains to a cause of series of acts to effect certain purpose,
manner of action; or a vital or natural process of activity;
 ROADWAY - refers to that part of the traffic way over which motor vehicles
pass. For purposes of construction, repair, and/or maintenance, roads are
classified as
 SHOULDER - it refers to either side of the roadway, especially along
highways
 SIDEWALK - it refers to the paved walkway along the side of a street
 THROUGH HIGHWAY - means every highway or portion thereof on which
vehicular traffic is given the right- of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to yield right of
way to vehicles on such through highway in obedience to either an
authorized stop sign or a yield sign, or other official traffic-control device.
 THRUWAY OR THROUGHWAY - it is a highway that has limited entrances
and exits such as the expressways, freeways, or motorways.
 TRAFFIC WAY - refers to the entire width between boundary lines of every
way or place of which any part is open to the use of the public for purposes of
vehicular traffic as a matter of right or custom.

MAJOR CAUSES OF TRAFFIC CONGESTION

1. Physical Inadequacy
- This is characterized by lack of roads, narrow bridges, railroad crossings,
lack of traffic facilities, etc.
2. Poor Control Measures
- This is characterized by ineffective mechanical control devices, Inefficient
traffic officers, and poor implementation of traffic laws, rules and regulations.
3. Human Errors
- Many traffic congestions are caused by slow drivers or poor diving habits,
pedestrian males, officer's error, poor planning, poor legislation, and traffic
accidents which are mostly attributed to human errors.
4. Poor Maintenance
 - oftentimes motor vehicles stalled in traffic ways because of unrepaired
diggings, cracks on road pavement or unfinished road pavement concreting

SPECIFIC TRAFFIC PROBLEMS

1. Traffic Build-up - It is characterized by the gradual increasing of traffic users in
a given portion of the highway or traffic way.
2. Traffic Congestions - These are conditions on road networks that occurs as use
increases, and is characterized by slower speeds, longer trip times and increased
vehicular queueing.
3. Traffic Jams (snarl-up) - These are situations in highways in which the
movement of traffic users (MVS and pedestrians) is very slow or stationary.
4. Bottlenecks - These are narrow points or areas in highways where traffic
congestions or traffic jams usually occur or traffic may be held up.
5. Gridlocks - A state or condition of severe road congestion arising when
continuous queues of vehicles block an entire network of intersecting streets
bringing traffic in all directions to a complete standstill
6. Accidents - These are events or incidents which may cause unintentional
damage to property, loss of lines, and or death
7. Collisions - These are incidents or instances of one moving traffic unit or person
striking violently against another.
FIVE PILLARS OF TRAFFIC MANAGEMENT
GENERAL PILLARS
1. ENFORCEMENT (of traffic rules)
- the action taken by the police, such as arresting, issuing traffic citation
ticket and providing warning to the erring driver for the purpose of deterring and
discouraging or preventing such violations.
2. EDUCATION (in traffic safety)
- refers to any act or process of imparting or acquiring general knowledge in
traffic or any matters relating to the use of the traffic way or road ways.
3. ENGINEERING (traffic engineering)
- the science of measuring traffic and travel, the study of basic laws relative
to the traffic law and generation the application of these knowledge to the
professional practice of planning, deciding, and operating traffic system to achieve
safe and efficient transportation of persons and goods.
SUBSIDIARY PILLARS
4. ECOLOGY/ENVIRONMENT
- the study of potentially disastrous population explosion, changes in urban
environment due to the scale and density of new urban concentration and new
activities carried out, air pollution, water pollution and crowding, transport
congestion which result therein
5. ECONOMY
- is the study of how people choose to use scarce or limited productive
resources to produce commodities and distribute them for their consumption.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

a. Department of Public Works and Highways
- has responsibility of determining traffic flow planning approval of program
and budget finding of construction and maintenance of road and instrument
b. Local Public Works and Engineering Offices
- local government units and instrumentalities that have the same function as
the DPWH
 - perform such powers within their territorial boundary.

AGENCIES INVOLVED IN TRAFFIC EDUCATION

a. Schools (Public and Private)
b. Public Information Program
c. Citizen Support Groups

AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

a. Land Transportation Office (LTO) - The office is responsible for the following:
(1) Vehicle registration
(2) Vehicle inspections
(3) Driver’s licensing (examinations, suspensions, and revocations)
(4) Public to police on stolen or wanted vehicles
b. Legislative Bodies - included are sensible for the passing and on the Congress,
Provincial Boards, and City and Municipal Councils. They are responsible for the
passing and/or amending of law and/or ordinances.
c. Police Traffic Enforcement - This pillar is not limited to the PNP-HPG (formerly
TMG) but it includes all government personnel who are duly authorized for the
direct enforcement of traffic laws such as:
(1) The Metropolitan Manilla Development Authority (MMDA) for the National
Capital Region (NCR)
(2) Police/Traffic Auxiliaries
(3) LTO Law Enforcement Services/Flying Squad.

TRAFFIC EDUCATION
Traffic Safety Education
- It is the process of training road users in the avoidance and prevention of
traffic related accidents
- Imparting knowledge concerning traffic safety. Training and practice in the
actual application of traffic safety.
- Developing traffic morality

Road Safety - It refers to reduced risk of accident or injury on the roads, achieved
through multi-disciplinary approaches involving road engineering and traffic
management, education and training of road users, and vehicle design.
TRIPOD OF ROAD SAFETY
1. Man Component
2. Engine Component
3. Environment

FACTORS CONTRIBUTING TO ACCIDENTS

 Human Errors
a. going too fast or excessive speed)
b. failing to give at junctions:
c. following too closely;
d. overtaking improperly;
e. misperceiving or misjudging the road situation ahead
f. intoxication of alcohol or drug, and
g. lack of stull
 Road Deficiencies
a. poor design of layout and control at junctions:
b. inadequate signing, road marking, and fighting,
c. slippery roads, and
 d. obstructions on the road such as parked vehicle, ongoing road
construction, etc.
 Main Vehicle Factors
a. Defects in tires, brakes, and lights,
b. absence or non-using of seat belts, and
c. poorly maintained motor vehicles

THE BIORHYTHM - It is a theory, which asserts that man exhibits constant

variation of life energy and mood states. Man's theorized cycles and interpretations
rhythm is peculiar characteristics of most natural phenomena, some examples of
which are:
 diurnal exchange of light and darkness
 The four seasons
 Our wet and dry season
 The waxing of the moon

The Biorhythm Cycle

1. 23 days of physical cycle - is also known as cycle of our strength, endurance
and courage (the male component of a person)
2. 28 days of emotional cycle – also known as the cycle of our sensitivity, love
and intuition (the female component of a person)
3. 33 days of intellectual cycle - is related to thinking, analyzing, judgment,
concentration, composition and etc.
All these cycles are present at the time we are born. When the curve is above
the center line, the biorhythm value is said to be "HIGH" or a person has more
energy to spare. When the curve is below the center line, the biorhythm is said to
be "LOW" or in a recharged period.
The High State The Low State
1. Physically high 1. Physically low
- people are energetic, strong and agile - people tend to be tired and succumb
to sickness
2. Emotionally high 2. Emotionally low
- people are creative, artistic and happy - people are moody, irritable and
depressed
3. Intellectually high 3. Intellectually low
- people think quickly and logically - people find it difficult to think logically
and lacks coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

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

DUTY TO HAVE LICENSE

Chapter III, Art. 1, Sec. 19 of RA 4136
Except as otherwise specifically provided in this Act, it shall be unlawful for
any person to operate any motor vehicle without having in his possession a valid
license to drive a motor vehicle.
Tourists and similar transients:
May be allowed to operate motor vehicle during but not after 90 days of their
sojourn in the Philippines.
LICENSING PROCEDURE
 Age Requirement
 Be able to read and write (English and Filipino or any local dialect)
 Physically fit and mentally fit to drive motor vehicle
 Clinically free from contagious diseases

KINDS OF DRIVING PRIVILEGES/DRIVER'S LICENSE

1. Student Driver's Permit
 Birth Certificate
 Payments receipts for corresponding fees
 At least 16 years of age validity is one year non-renewable
 After 30 days or 1 month he is eligible to apply for Non-Professional Driver's
License
 5 months in case for Professional Driver’s License
2. Non-Professional Driver's License
 At least 17 years of age
 Must pass the practical and written test given by the LTO
 For new applicant he must be a holder of Student Driver's Permit of not less
than 30 days
 Non-renewal for 2 years shall subject the applicant to a written examination
 Validity: 10 years (Effective: 28, October 2021 in line with the provisions of
Republic Act (RA) No. 10930 which amended the Land Transportation and
Traffic Code)
3. Professional Driver's License
 At least 18 years old
 Holder of Student Driver's Permit for at least 5 months (for new applicants)
 Non-renewal for 2 years shall subject the applicant to a written examination.
 Restriction: The type of category of authorized to drive is indicated on the
face of the license
 Validity: 10 years (Effective: 28, October 2021 in line with the provisions of
Republic Act (RA) No. 10930 which amended the Land Transportation and
Traffic Code)
 Note: Under Republic Act No. 10930 which amended the Land Transportation
and Traffic Code, the new licenses that are valid for 10 years will be given to
all driver's license holders who do not have any traffic violations on file.
Those with traffic violations recorded during the validity of their expired
licenses, will be issued renewed licenses that are only valid for five (5) years.

SPECIAL TYPE OF DRIVER'S LICENSE

1. International Driver's License - it is issued for special purpose and issued by
Philippine Motor Association (PMA) now known as Automobile Association of the
Philippines (AAP)
- this kind of license is also issued to foreigner or tourist
- Filipino (Must be a holder of domestic driver's license).
- Tourist (with foreign driver's license issued by their country)
Restriction: Filipino holder of this kind of license must carry with him the
valid local driver’s license.
Validity: Indicated on its face and recognize in countries signatory to the
Geneva Convention
2. Military/Government Driver's License - Issued by the agency for limited and
special purpose.
- Issuance was made by the Armed Forces of the Philippines but the holder
must pass all the test and examination in compliance with the rules and regulations
thereof.
Restriction: The holder must be a military personnel and authored to drive a
military vehicle only
Validity: 3 years
DRIVER'S DUTIES
The license shall be carried by the divert all times when operating a motor
vehicle, and shall be shown and/or surrendered for cause and upon demand to any
person with authority.

DUTIES OF DRIVER IN CASE OF ACCIDENTS

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

EXCEPTIONS TO THE PRECEEDING TOPIC

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

DRIVER'S RESTRICTION CODE

1. Restriction Code No. 1 - limited to drive motorcycle or motorized Tricycles
2. Restriction Code No. 2 - limited to drive vehicle weighing not more than 4,500
kgs
3. Restriction Code No. 3 - limited to drive vehicles weighing more than 4,500
kgs.
4. Restriction Code No. 4 - limited to drive MV with automatic clutch and with a
total gross weight of not more than 4,500 kgs.
5. Restriction Code No. 5 – limited to drive vehicle with automatic clutch and
weighing more than 4500 kgs.
6. Restriction Code No. 6 - Articulated MV with a total GSW (Gross Vehicle
Weight) of 1,600kgs & below
7. Restriction No. 7 - Articulated vehicle with a total gross weight of more than
1,600kgs but not more than 4,500 kgs
8. Restriction No. 8 - Articulated Vehicle with a total gross weight of more than
4,500 kgs.

DRIVER'S LICENSE CONDITIONS

 Wear eye glasses
 Drive only with special equipment for upper limbs
 Drive only with special equipment for lower limbs
 Daylight driving only
 Accompanied by a person with normal hearing
BEHAVIORAL LEVEL OF INTOXICATED DRIVER (Measurement of Blood
Alcohol Level)
 .05% or less the driver is presumed not under the influence of intoxicating
liquor
 Between .08% to .15% driver apparently lack of mental control
 Between .18% to .25% the driver’s behavioral attributes become patently
ominous, laughing, uncoordinated walking, slur speech, and visibility is
blurred
 Between .38% to .50% the average person is physically insensible, as if in a
comma or trance
 Between .40% to .50% the person is numb, paralyzed as if anesthetized
 Level .50% the average person is seemingly dead but other can still drive but
dangerously
 THE CONDUCTOR
- The conductor is responsible for the loading of number of passengers, freight
or cargo inside his public utility motor vehicle.
- He shall be held exclusively liable if he allows more passengers or more
freight or cargo in his public utility vehicle.
THE PASSENGER
- Is a person who is carried or conveyed in an automobile, truck, train,
airplane or other conveyance.
WHO IS A PASSENGER?
- A passenger is one who entered into a contract of carriage express or
implied with a carrier.
- The presence or absence of money or a ticket is however not important as
long as entrance to the vehicle is made.
- One who had stepped on any parts of the vehicle regardless of whether or
not he has already purchased a ticket,
THE PEDESTRIAN
- is one who goes or travel on foot or in a perambulator. He is bound to
observe or obey rules existing traffic management and regulations for his
safety.
PEDESTRIAN CROSSING (PEDXING)
- A driver approaching a pedestrian crossing shall travel at such a speed that
he will be able to stop his vehicle before reaching the pedestrian crossing.
- A driver shall give way to any pedestrian who is on pedestrian crossing
- A driver shall not permit any portion of his vehicle to enter upon a
pedestrian crossing even if any vehicle headed in the same direction is
stopped on the approach side of, or upon the pedestrian crossing.
DUTIES OF THE PEDESTRIAN
 When on a footway, marked cross-walk, or pedestrian crossing, shall keep as
close as practicable to the right side of the footway.
 When crossing a thoroughfare at an intersection shall keep right of
pedestrian crossing in the opposite direction.
 When crossing a thoroughfare or portion of a thoroughfare shall do promptly
by shortest route and most direct route, as my be practicable, to the
thoroughfare boundary.
RESTRICTION ON PEDESTRIAN
 While waiting a vehicle, standing on any portion of the road.
 Proceed from footway towards a vehicle that has not fully stopped for the
purpose of boarding it.
 Alight from or boarding a moving vehicle, or do so to an area where loading
and unloading is prohibited.
 Remain on a pedestrian crossing, or marked cross-walk longer than
necessary for the purpose of passing over the thoroughfare with reasonable
dispatch. Stand up at a footway thoroughfare so as to inconvenience,
obstruct, hinder or prevent the free passage of any other pedestrian or any
vehicle.

TRAFFIC ENGINEERING ROAD CLASSIFICATIONS

6. According to political subdivision:
 National Roads – The main road as conduit system with a right of way from
20 meters to 120 meters.
  Provincial Roads – The linkages between two municipalities with right of
way from 15 meters to 60 meters.
 City Roads - The inter-link between municipalities and within the city proper
with right of way of 15 meters.
 Municipal Roads – All roads within the town proper with the right of way of
not less than 10 meters.
7. According to Functions:
 Feeder Road – Intended for farm-to-market traffic.
 Local Collector Road – Intended to collect traffic from feeder road to
municipal road.
 Major Collector Road – Intended as major arteries to collect inter-locality
traffic to provincial road.
 Major Highways – Intended as major arteries to collect inter-locality traffic
to provincial road.
 Expressway – A through traffic for free-flow of vehicular movement.
 Tunnel Road – A passage of wide section cut through hill to shorten
circuitous roadway.
 Subway – An underground conduit running entirely under the ground for fast
travel route of commuters.
 Skyway – A modern urban system of roadway above street level for free-flow
traffic.

8. According to topographical terrain:

 Flat Road
 Zigzag Road
 Steep-hill Road
 Down-hill Road
 Winding-Road
 Mountainous Road
 Roller-coaster Road
SPEED LIMIT AND OTHER RULES ON SPEED
Art. 1, Chapter IV of R.A. 4136 Sec. 35: Restriction as to speed
(a) Any person driving a motor vehicle on a highway shall drive the same at a
careful and prudent speed, not greater nor less than is reasonable and proper,
having due regard for the traffic, the width of the highway, and of any other
condition then and there existing; and no person shall drive any motor vehicle upon
a highway at such speed as to endanger the life, limb and property of any person,
nor at a speed greater than will permit him to bring the vehicle to a stop within the
assured clear distance ahead.

MAXIMUM ALLOWABLE SPEEDS

Passenger Motor Trucks

Cars and and Buses
Motorcycles
1. On open country roads, with no “blind 80 km/hour 50 km/hour
corners” not closely bordered by habitations.
2. On “through streets” or boulevards, clear 40 km/hour 30 km/hour
of traffic, with no “blind corners” when so
designated.
3. On city and municipal streets, with light 30 km/hour 30 km/hour
traffic, when not designated “through
streets”.
4. Through crowded streets, approaching 20 km/hour 20 km/hour
 intersections at “blind corners”, passing
school zones, passing other vehicles which
are stationary, or for similar dangerous
circumstances.

EXCEPTION TO THE SPEED LIMIT

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

TRAFFIC SIGNS - any device mounted on a portable support whereby a message is

conveyed by means of words or symbols officially installed for the purpose of
regulating, warning, or guiding traffic.
Functions:
1. To control traffic
2. To safeguard the flow of traffic

3. To expedite traffic
4. To guide traffic and motorists

Classification of International Signs

1. Danger Warning Signs – also known as “caution signs”. These signs have
equilateral triangular shape with one side horizontal and having red borders.
a. Warn motorist of approaching hazardous road conditions.
b. Seek caution for the approaching road hazards.
c. Call the reduction of speed.
SHAPE: Equilateral Triangle with one side horizontal
COLOR BORDER: Red
BACKGROUND: White
SIGN/MARKING: Black
2. Regulatory Signs – These are signs which impose legal restrictions applicable
at particular location usually enforceable in the absence of such signs.
a. inform road users of certain laws and regulations and
b. special obligations, instructions, or prohibitions which must comply with
and violations of which constitute misdemeanor.
Subdivisions:
Prohibitive signs and restrictive signs - used on specified section of the road
which will be easily seen by motorist to indicate regulation which is prohibitive or
restrictive in nature.
SHAPE: Round
COLOR BORDER: Red
BACKGROUND: White
SIGNS/MARKINGS: Black
Mandatory signs - intended to notify the road users of special rules in which they
must comply for the safety convenience and smooth flow of traffic.
SHAPE: Round
COLOR: Blue
Sign/Markings: White
3. Informative Signs – These signs are also known as “guide Signs”, or “direction
signs.” The rectangular shape white-colored blue background is used for informative
signs, Green background is usually used for route markers and destination signs.
a. Guide motorists along established routes,
b. informs the motorists of the proper roads, and
c. Help motorists along the way in the most simple and direct method
SHAPE: Rectangle
COLORS: Blue or Green
SIGN/MARKINGS: White

THE TRAFFIC SIGNAL LIGHTS

- These refer to any power operated traffic control device by which is warned
or directed to takes some specific actions.
 Red Signal – stop
 Yellow/Amber - indicates that the red signal is about to appear. Stop the
vehicle if you can do so safely, otherwise you may proceed with caution.
 Green – “go” means you proceed, provided that you yield a right of way to
pedestrian and other traffic unit lawfully using the intersection.
 Flashing Red Signal - means bring your vehicle to a complete-stop and
proceed only when it is safe to do so.
 Flashing Yellow Signal - means to proceed with caution.
 Flashing Green Signal - a flashing green signal or a left turn green arrow
with a green signal permits the vehicle facing that signal to turn left, turn
right or go through while opposing traffic faces red signal.
 Green Arrow with or without Red Signal - you may enter the Intersection
to move only in the direction shown by the arrow.

TRAFFIC SIGNAL PHASING

Traffic Phase (Split Phase) – any traffic signal display with its own set of timing
that controls an individual vehicle or pedestrian movement.
Phase Set - any unique combination of vehicle or pedestrian phases occur at the
same time.
Signal Cycle - is one complete set of signal phase sets, a complete sequence of
signal indication of red, yellow, green or any combination of the phase
Cycle Length – the time to complete one cycle Interval is a duration of time during
which the signal indications do not change.
Offset – Number of seconds or number of cycle that the start of green interval
appears at a given traffic control signal after a certain use as a time.

IMPORTANTS PROVISIONS OF R.A. 4136

Section 3. Words and Phrases Used in R.A. 4136
a. Motor Vehicle shall mean any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers, trolley cars,
street- sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used in public highways, vehicles which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes
Trailers - having any number of wheels, when propelled or intended to be propelled
by attachment to a motor vehicle shall be classified as separate motor vehicle with
no power rating.
b. Passenger Automobiles - Shall mean all pneumatic tire vehicles of
types similar to those usually known under the following terms: touring car coupe
cabriolet command car landaulet speedster closed car sports car limousine road
star sedan cycle car (except motor wheel and similar small outfits which are
classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet and
sedan.
c. Articulated Vehicle - shall mean any motor vehicle with a trailer having
no front axle and so attached that part of the trailer rests upon the motor vehicle
and a substantial part of the weight of the trailer and of its load is borne by of the
motor vehicle. Such trailer shall be called as “semi-trailer”.
d. Driver - shall mean every and licensed operator of a motor vehicle.
e. Professional driver – shall mean every and any driver hired or paid for
driving or operating a motor vehicle for hire is a professional driver.
f. Owner - shall mean the actual legal owner of a motor vehicle, in whose
name such vehicle is duly registered with the Land Transportation Commission.
The "owner" of a government-owned motor vehicle is the head of the office or
the Bureau to which the said motor vehicle belongs.
g. Dealer - shall mean every person, association, partnership, or corporation
making, manufacturing, constructing, assembling, remodeling, rebuilding, or setting
up motor vehicles; and every such entity as agent for the sale of one or more
makes, styles, or kinds of motor vehicles, dealing in motor vehicles, keeping the
same in stock or selling same or handling with a view to trading same.
h. Garage - shall mean any building in which two or more motor vehicles,
either with or without drivers, are kept ready for hire to the public, but shall not
include street stands, public service stations, or other public places designated by
proper authority as parking spaces for motor vehicles for hire while awaiting for
soliciting business.
i. Gross weight – shall mean the measured weight of a motor vehicle plus
the maximum allowable carrying capacity in merchandise, freight and/or passenger,
as determined by the Commissioner of Land Transportation.
j. Highways - shall mean every public thoroughfare, public boulevard,
driveway, avenue, park alley, and Callejon, but shall not include roadway upon
grounds owned by private persons, colleges, universities, or other similar
institutions.
k. Parking or parked, for the purpose of this Act, shall mean that a motor
vehicle is parked or parking if it has been brought to a stop on the shoulder or
proper edge of a highway, and remains inactive in that place or close thereto for an
appreciable period of time. A motor vehicle which properly stops merely to
discharge a passenger or to take in a waiting passenger, or to load or unload a
small quantity of freight with reasonable dispatch shall not be considered as parked,
if the motor vehicle again moves away without delay.
l. Tourist - shall mean a foreigner who travels from place to place for
pleasure or culture

PROVISIONS OF RA 4136
1. EXCEEDING REGISTERED CAPACITY (OVERLOADING)
 Passengers, freight or cargo load of a motor vehicle should not be more than
its registered capacity.
All passenger automobiles for hire are required to have the registered
passenger capacity marked plainly and conspicuously on the sides thereof in the
letters and numerals not less than 5cms in height (Sec. 33)
2. CARGO CARRYING DEVICES
The construction of devices for carrying cargo at the rear or sides of trucks
may be allowed, subject to the approval of the Commissioner, but the total net
weight of the device, including cargo, must not exceed 100 kilos (Sec. 32, a)
3. RIDING ON RUNNING BOARD
It is strictly prohibited, except for conductors collecting passenger fare (Sec.
32, c)
4. RIDING ON TOP OF THE MOTOR VEHICLE
Passenger shall not be allowed to ride on top of motor vehicles, but baggage
or freight may be carried on top of the truck, provided that the weight thereof is no
more than 20 kilos per square meter distributed in such a way as not to endanger
passengers or the vehicle’s stability

HITCHING ON TO A VEHICLE
The following practices are prohibited:
a. HANGING ON to or riding on the outside or rear end of any vehicle
b. HOLDING ON to any moving vehicle whether on foot or otherwise
c. DRIVER ALLOWING ANY PERSON TO HANG on to or ride outside of or at
the rear end of the vehicle (Sec. 51)
d. OBSTRUCTION OF TRAFFIC. Obstruction of traffic by operating a motor
vehicle in such a manner as to obstruct, block or impede the passage of another
vehicle is prohibited. This prohibition applies even when discharging or loading
passengers (Sec. 54)

REQUIRED MOTOR VEHICLE ACCESSORIES

 Tires of MVs
 Brakes (b1) Horns
 Headlights –
 Taillights
 Stop Lights
 Motorcycle and Other vehicle lights
 Lights When Parked or Disabled
 Windshield Wiper
 Use of Red Flag
 Mufflers

CLASSIFICATION OF MOTOR VEHICLE

1. Private - MV’s which are used for personal purpose of their Owner (white color
background with green markings)
2. Public Utility Vehicle – These are registered primarily for the conveyance of
passengers and other commercial goods. (Yellow color background with black
markings)
3. Government - These are motor vehicles owned by government offices and are
used for official purposes only. (White color background with red markings)
4. Diplomatic - these are issued to foreign diplomats and consuls assigned in the
Philippines; (White color background with blue markings)
GEOGRAPHICAL DESIGNATIONS OF PLATE NUMBER
Geographical designations of registered motor vehicles can be determined by the
beginning letter.
A - Region 1 (Ilocos) and (CAR)
B - Region 2 (Cagayan Valley)
C - Region 3 (Central Luzon), Superseded by “R” in 2003
D - Region 4-A (CALABARZON) and 4-B (MIMAROPA), superseded by “V” in 2000
E - Region 5 (Bicol Region)
F - Region 6 (Western Visayas)
G - Region 7 (Central Visayas), Superseded by “Y” in 2004 “
H - Region 8 (Eastern Visayas)
J - Region 9 (Zamboanga Peninsula) and ARMM
K - Region 10/13 (Northern Mindanao and CARAGA
L - Region 11 (Davao Region)
M - Region 12 (SOCCSKSARGEN)
N - NCR, 1981-1982, 2009-2010 (with increments of “T”, “O”, and “Q”)
P - National Capital Region, 1982-1991, 2010-2011 (with increments of “T”, “O”,
and “Q”)
R - Region III (Central Luzon Region), overflow Series for Private since 2003
S - Government-owned (Red Plate) Vehicles
T - National Capital Region, 1991-1995, 2011-2012 (with increments of “T”, “O”,
and “Q”)
U - National Capital Region, 1995-1997, 2012-present (with increments of “T”, “O”,
and “Q”)
V – Regions IV-A (CALABARZON) and IV-B (MIMAROPA), overflow Series for private
since 2000
W - National Capital Region, 1997-2001
X - National Capital Region, 2001-2005-
Y - Region VII (Central Visayas Region), overflow series for Private since 2004
Z - National Capital Region, 2005-2009

Schedule of Registration - Registration of motor vehicles should be done

annually which follows the numerical suffixes of their plate numbers.

TABLE 1
MONTHLY SCHEDULE IS BASED ON THE LAST DIGIT OF THE PLATE NUMBER
LAST DIGIT OF THE PLATE NUMBER
(Monthly Schedule)
1 – January
2 – February
3 – March
4 – April
5 – May
6 – June
7 – July
8 – August
9 – September
0 – October
Note: Vehicles may be registered one month in
advance

TABLE 2
WEEKLY SCHEDULE IS BASED ON THE 2ND TO THE LAST DIGIT OF THE PLATE
NUMBER
2ND TO THE LAST DIGIT OF THE SCHEDULE/WEEKLY DEADLINE
PLATE NUMBER
1 2 3 1ST TO 7TH DAY OF THE MONTH
4 5 6 8TH TO 14TH DAY OF THE MONTH
7 8 15TH TO 21ST DAY OF THE MONTH
9 0 22ND TO THE LAST DAY OF THE MONTH

Example: Plate Number – TNG 984

The above motor vehicle shall be registered in April every year because the last
digit is “4” and the day of registration falls in April 15-21 since the second to the
last digit is “8”.
PROTOCOL PLATE NUMBER
1 - President
2 - Vice President
3 - Senate President
4 - Speaker of the House of Representatives
5 - Chief Justice
6 - Cabinet Secretaries
7 - Senators
8 - Representatives (Congressman)
-9 Associate Justice of the Supreme Court
10 - Presiding Justice and other Justices of the Court of Appeals, Solicitor-General
(OSG formerly 13)
11 - Chairman of the Commission on Elections
12 - Cabinet Undersecretary
13 - Currently-None
14 - Chief of Staff of the AFP and Chief PNP
15 - Regional Trial Court Judges
16 - First Level Courts (MTC, Municipal Trial Court, Municipal Trial Court in Cities and
Shariah Circuit Courts)

TEN COMMANDMENTS OF TRAFFIC

1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the
fast lane and the slow lane is the right
2. OBSERVE ROAD COURTESY - yield to emergency vehicle, pedestrians, trains,
vehicle with right of way, vehicles ahead, large vehicles, uphill traffic, vehicles with
momentum, straight traffic, and traffic signs.
RIGHT OF WAY RULE
- The right to proceed ahead of another vehicle or pedestrian.
a. Intersection - when two or more vehicle is entering an intersection the
one on the left will give way to the right vehicle.
b. Pedestrian - drivers should yield to pedestrian crossing except at
intersection whereas the movement of vehicles is regulated by a police
officer.
c. Through highway/ railroad crossing - the driver shall bring to a full
stop before traversing to an intersection. If there is no hazard the driver may
slowdown to 5mph.
d. Police/emergency vehicle - all drivers should yield to emergency vehicle
except as directed by traffic enforcer. Fire trucks are accepted to speed limit
but they are prohibited to have unnecessary speed.
 e. From private road to highway - vehicle from private road must yield to
that on a highway.

First Time Vehicle Rule

- At all intersections without “stop” or “yield” signs (or with stops signs in all
directions) Yield to the vehicle on your right if it has reached the intersection
of same time as your vehicle.
Stop Signs
- Stop at any limit line or crosswalk. Yield to all approaching vehicles on the
through street, go only when it is safe for you to cross. Approaching vehicles
should slow down and allow you to get across safely.
Left Turn
- Signal left turn and yield to approaching traffic until it is completely safe to
finish the turn,
Rotonda
- Vehicles around the rotonda have the right-of-way over vehicles which are
just about to enter.

3. PROHIBITED PARKING
Places where parking is prohibited:
 Near an intersection
 Crosswalk/ pedestrian lane
 Within 6 meters from drive way of any response installation, fire hydrant and
private roads
 Double parking
 Sidewalks, alleys, foot of the bridge
 Places wherein official signs are posted

4. WHEN IN DOUBT, DO NOT OVERTAKE.

- Overtaking lane is the lane to the left of overtaken vehicle going in the
same direction, overtaken vehicle is the privileged vehicle.
CONSIDER THESE IF YOU OVERTAKE:
 Signal the intention.
 Make sure that the overtaking lane is clear and free of oncoming vehicle for
sufficient distance to facilitate proper overtake
 Maneuver at own risk, the vehicle being overtaken is the privileged vehicle.
Drivers keep his lane, maintain speed and yield to overtaking vehicle.
 He shall Increase his speed until the overtaken vehicle has cleared the way
 In a two-lanes, on a divided roadway, they may use either of the lanes
 In an expressway with fast and slow lanes, on a divided roadway, they may
use either of the lanes.
 Overtaking is prohibited at crest of a grade curve, railway crossing, at the
intersection and between construction and caution.

5. THE BUS STOP RULE

 The buses queue up in a single file in their order arrival.
 Lead bus moving toward the center of column of buses lining on the bus stop
zone, and remain until zone is filled with buses, but longer than three
minutes.
6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS
- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking.
In a construction, vehicles should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES

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

8. THE PHILOSOPHY OF PINOY DRIVER

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

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

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

TRAFFIC LAW ENFORCEMENT

- The action taken by the police to compel obedience to traffic laws and
ordinance regulating the use and movement of motor vehicle for the
purpose of creating a deterrent to unlawful behavior by all potential
violators.
- It is also part of enforcement Involving the arrest, issuance of Traffic
Citation, To Ticket or Inspection Report Summons or warning of any person
who is believed to have violated the law, ordinance, or regulation pertaining
the use of traffic roads.

TRAFFIC LAW ENFORCER

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

POLICE TRAFFIC LAW ENFORCEMENT

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

COURT TRAFFIC LAW ENFORCEMENT

- The performed by the court through adjudication and penalization

FIVE ESSENTIAL STEPS IN THE ENFORCEMENT PROCESS

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

GOALS OF ENFORCEMENT ACTIVITIES

1. Increase safety level
2. Increase traffic efficiency
3. Ensure harmony and comfortable environment
4. Maximize safety

ACTIVITIES OF TRAFFIC LAW ENFORCEMENT

1. Preventive activities – Such as preventive patrols, directing, supervising,
traffic, investigating accidents and eliminating road hazards
2. Persuasive activities - such as oral warning, written warning or visible patrols
3. Punitive activities – normally dealt with by the courts, police or traffic
authorities

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM

1. Enforcement system - consists of legislation, police, court and penalties.
2. Road user system - includes pedestrians, pedal cyclist, drivers and passengers
3. Traffic system - composed of entire road and vehicle complex.

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

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

VIOLATIONS
- Those act and omissions against traffic laws

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

REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS

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

POLICE TRAFFIC ENFORCEMENT ACTIONS

- These include arrest and citation of any person.
PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation.
3. Discourage future violation.

KINDS OF ENFORCEMENT ACTIONS

1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a. The offense is serious;
b. Detection is needed to avoid continued violation; and
c. There is reasonable doubt that violators may not appear in court.
2. Traffic citation - made to compel violators to appear in court in absence of
arrest
3. Traffic warning - an act reminding the driver of his violation in order for him to
not do it again. No arrest or citation is made.
TYPES OF WARNING
a. Visual warning - using gestures and signals.
b. Verbal warning - oral warning made when there is newly enacted law 3. Written
warning-combination of verbal warning and citation

TRAFFIC PATROL
- Part of traffic supervision by patrolling to ensure public obedience
OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public

TYPES OF PATROL
1. Line patrol - it is assigned to a particular place.
2. Area patrol - type of patrol assigned to an area of vicinity.

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

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT

1. Decision nature of violation
2. Pursuit technique
3. Safety driving technique
STOPPING AND APPROACHING TRAFFIC VIOLATORS
1. It must be done with consideration to safety of both parties engaging.
2. Upon approaching officer must be from the left side from the rear, be alert.

TRAFFIC ROAD CHECK

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

TYPES OF TRAFFIC CHECK

1. Faulty vehicle
2. Officer directing road check

CONSIDERATION IN ROAD CHECK

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

OBJECTIVE IN DEALING WITH VIOLATORS

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

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

TRAFFIC SUPERVISION, DIRECTION AND CONTROL

- An act of overseeing the traffic to keep order on street and highways within
existing laws
POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:

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

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING

PLACES:
1. Not signalized intersection
2. Signalized intersection
3. Between intersection

SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable
degree.
POLICE TRAFFIC DIRECTION
- It involves telling the public how and when they should not stand and move
POINT/ AREA CONTROL
- It is the part of the traffic direction concerning the control of vehicular/
pedestrian movement
POLICE TRAFFIC ESCORT
- It involves mobile supervision of traffic movement, directing orally and
visually are done to allow free and safe movement of escorted vehicles.
TRAFFIC DIRECTION AND CONTROL
- It is the control direction of traffic units according to proportionate time to
prevent traffic accident to maintain smooth flow of traffic.
MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures
HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle

9. Hang your hand when not in use

10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

WHISTLE SIGNAL
 One long blast for STOP
 Two short snappy blast for GO
 Three blasts to be used TO ASK FOR ASSISTANCE

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture
B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show
your palm.
- Repeat the process at the opposite side.
- Not lower your arm until traffic is ceased
C. GESTURE TO START TRAFFIC
- Stand sideways
- Point your index finger toward the vehicle to start, hold it till he verified,
swing your hand up to your chin
- Drop and repeat the process at the opposite side
- Use it when they are slow or hesitant to move
D. RIGHT TURN GESTURES
- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign
E. LEFT TURN GESTURES
- Vehicles turn left from right, stop vehicle from right and direct vehicle to the
left
- Left turn vehicle from your right, turn around and repeat the procedure
above
- Street with one lane only
a. Allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. Semaphore signals may be used
F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL

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

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

RESPONSIBILITIES OF TRAFFIC ENFORCER

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

FIELD SOBRIETY TEST

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

CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test

EVIDENCE AGAINST DRUNKEN DRIVERS

1. Driver’s admission
2. Co-occupant’s testimony
3. Material witness’s testimony
4. Photograph of drunken driver
5. Video/ voice tape of driver
6. Officer’s testimony

LEGAL ACTION AGAINST DRIVER

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

TRAFFIC ENGINEERING
- Defined as calculating manipulation or direction. It includes forecasting of
future traffic demands.
FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective
APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING
1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN
- Composition of traffic stream
- Traffic volume and capacity
- Origin and destination
II. FACTORS INFLUENCING DESIGN
- Traffic composition
- Traffic volume
- Vehicle speed
- Movement of traffic performance value
III. REGULATION AND CONTROL
a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- Lateral placement
- Pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- One way regulation
- speed control
- curb parking control
- Turning regulation
- stop rule

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES
- Compel attention
- Convey simple meaning at a glance
- allowing time for response
- command respect
2. FUNDAMENTAL TRAITS
- design and outward aspect
- Position and placement
- Maintenance and condition, appearance and visibility
3. TYPES OF TRAFFIC CONTROL
- traffic or road sign
- pavement markings
- traffic light
 - traffic island

AIMS OF SIGNAL CONTROL

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

ADVANTAGES OF SIGNAL INSTALLATION

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

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

FUNCTIONAL CLASSIFICATION OF ROADWAY

1. VEHICLES PASSES SAFELY ON
- Climb lane
- Overtaking lane
- Acceleration lane
- Turning lane
2. PART OF THE ROAD USED FOR:
- Standing lane
- stopping lane
- Bus stop

ACCIDENT
- That occurrence in a sequence of events which usually produces unintended
injury, death or property damage
TRAFFIC ACCIDENT
- An accident involving travel transportation on a traffic way
MOTOR VEHICLE ACCIDENT
- Event resulting in unintended injury or property damage attributable directly
or indirectly to the action of a motor vehicle or its load

KINDS OF TRAFFIC ACCIDENTS

In the investigation of traffic accidents, it is imperative for the traffic investigator to
know the kinds of accidents occurred in order to map out the necessary activities to
be done when responding and investigating.
1. MOTOR VEHICLE TRAFFIC ACCIDENT
 - Any motor vehicle accident occurring on a traffic way (ex. Collision between
automobiles on a highway)
2. NON-MOTOR VEHICLE TRAFFIC ACCIDENT
- Refers to any accident occurring on a traffic way involving persons using the
traffic way or travel or transportation, but not ICLE NON-TRAFFIC ACCID Pedestrian
and a cyclist in a traffic way)
3. MOTOR VEHICLE
- Many motor vehicle accident which occurs entirely in any place other than a
traffic way (ex. Accident on a private driveway)
4. NON-MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- Is any accident occurring in a private traffic way involving persons using
vehicle or transportation but not involving a motor vehicle in motion. (ex. Pedestrian
and cyclist in a private road.)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT

1. PERCEPTION OF HAZARD - it is seeing, feeling or hearing and understanding
the usual or unexpected movement or condition that could be taken as a sign of an
accident about to happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to
escape from a collision course or otherwise avoid a hazard
3. INITIAL CONTACT - the first accidental touching of an object collision course or
otherwise avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision;
the force between the traffic unit and the object collided with are greatest at
maximum engagement
5. DISENGAGEMENT - it is the separation of a traffic unit in motion from an object
with which it has collided; the force between the object ceases at this time
6. STOPPING – this is when the traffic units involved come to rest; it usually
stabilizes the accident situation.
7. INJURY - it is receiving bodily harm; this event does not necessarily occur after
the accident but within any of the chain of events; it may also happen right after the
evasive action taken by the drivers involved or during the initial contact.
STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION
STEP 1. UPON LEARNING THE INCIDENT CHECK THE FOLLOWING
1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened
STEP 2. WHEN EMERGENCY UNDER CONTROL
1. Preliminary question to driver
- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
 - lights
- gear position
- mark the position of vehicle
- look for the unusual things Inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed
STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE
1. Make a test skid
2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- Vehicle damages
- View obstruction
- Present condition
-Control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio
STEP 4. AFTER LEAVING THE SCENE
1. Get the medical report
2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators report
7. Reconstruct the accident
8. Complete the investigation and file it
STEP 5. IF THE CASE GOES TO COURT
1. Seek the desire of the prosecutor to strengthen the case.
2. Return to the scene of the incident to gather additional data
3. Attend the pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

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

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY

1. Fatal Accident – any motor vehicle accident that results in death of one or more
persons.
2. Non-Fatal Accident – any motor vehicle accident that results in injuries other
than fatal (death) of one or more persons.
3. Property damage - there is no fatality or injury to any person but only damage
to the motor vehicle or to other property including injury to animals.

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT

1. Running off road - this is usually characterized by a motor vehicle falling on a
roadside or on a cliff along mountainous roads.
2. Non-collision on road this does not involve any collision.
- Overturning
3. Collision on road of vehicles with the ff:
- Pedestrian
- moving vehicle
- parked vehicle
- Bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT

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

Liabilities Arising From Vehicular Accident

1. Culpa Contractual – liability arising from contractual negligence or that results
in a breach of a contract.
Example: A passenger in a taxi was hurt because of the driver’s negligence
2. Culpa Aquiliana - liability as a result of civil negligence or tort or quasi-delict.
Example: A pedestrian was hit by a taxi and suffered physical injury
3. Culpa Criminal - liability caused by criminal negligence or that which results in
the commission of a crime or a delict.
Example: A passenger in a taxi was hurt because of the driver’s negligence.

HIT AND RUN ACCIDENT INVESTIGATION

 Involves the investigation of motor vehicle accident involving the flight of one
of the participants. First, responsibility for the collision must be determined
and secondly, the identity of the driver of the vehicle who fled the scene
must be established.

WHAT IS HIT AND RUN CASE?

 Evading responsibility is a term commonly applied to a traffic accident in
which a driver fails to comply with any of the duties required (Sec. 55 of RA
4136). Further, it states that no driver of a motor vehicle concerned in a
vehicle accident shall leave the scene of the accident without aiding the
victim, except under any of the following circumstances:
 If the driver is in imminent danger of being seriously harmed by any person
or persons by reason of the accident;
 If the driver reports the accident to the nearest officers of the law; or
  If the driver has to summon a physician or nurse to aid the victim

LEGAL CASES TO BE FILED:

1. Abandonment of one’s victim
2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of Section 55 of RA 4136
7. Civil liability
INVESTIGATING FOR UNKNOWN FACTS
1. Victim’s identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION

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

EXAMINATION OF RECOVERED VEHICLE

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

INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION

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

DOCUMENTS TO BE FILED IN CASE OF DEATH

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

DOCUMENTS TO BE FILED IN CASE OF INJURY

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

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT

INVESTIGATION
 MOTOR VEHICLE – any device which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but
not operated upon rails.
 KEY EVENT an event on the road which characterizes the manner of
occurrence of a motor vehicle traffic accident.
 DEBRIS the scattered broken parts of vehicles, rubbish, dust and other
materials left at the scene of the accident caused by a collision
 SKID MARKS – these are marks left on the roadway by tires which are not
free to rotate, usually because brakes are applied strongly and the wheels
locked 5.
 SCUFF MARKS - are signs left on the road by tires that are sliding or
scrubbing while the wheel is still turning.
 TRAFFIC UNIT – any person using a traffic way for travel, parking or other
purposes as a pedestrian or driver, including any vehicle, or animal.
 HAZARD a hazard is generated when a critical space-motion relationships
between a traffic unit and another object develops due to the movement of
either or both (ex. A curve in the path is a hazard; another traffic unit in the
path is a hazard.)
 SAFE SPEED - the speed adjusted to the potential or possible hazards or the
road and traffic situation ahead; safe speed on the road is determined by the
road rather than the particular driver of a vehicle (ex. A curve ahead is a
hazard and a safe speed for it is a speed at which it can be taken comfortably
 STRATEGY - the adjusting of speed, position on the road, and direction of
motion, giving signals of intent to tum or slow down, or any other action in
situations involving potential hazards
 TACTIC - any action taken by the traffic unit to avoid hazardous situations
like steering, braking or accelerating to avoid collision or other accident.
 IMPACT the striking of one body against another or a collision of a motor
vehicle with another motor vehicle.
 CONTACT DAMAGE – damage to a vehicle resulting from direct pressure of
some foreign object in a collision or roll over; it is usually indicated by
striations, rub-off of material or puncture.
 FACTOR - any circumstance contributing to a result without which the result
could not have occurred or it is an element necessary to produce the result,
but not by itself sufficient.
 PRIMARY CAUSE – a misnomer loosely applied to the most obvious or easily
explained factor in the cause of an accident or the most easily modified
condition factor.
 CAUSE - the combination of simultaneous and sequential factors without any
one of which result could not have occurred.
 ATTRIBUTE - any inherent characteristics of a road, a vehicle, or a person
that affects the probability of a traffic accident.
 MODIFIER – a circumstance that alters an attribute permanently or
temporarily.
 FIRE PROTECTION AND ARSON INVESTIGATION
FIRE
 A rapid, self-sustaining oxidation process accompanied by the evolution of
heat and light of varying intensity
 an active chemical reaction that takes place between fuel, heat and oxygen
in the form of light and noticeable heat
 a chemical reaction; the rapid oxidation of a fuel producing heat and light
 an oxidation taking place with a rate rapid enough to produce heat and light

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

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
 Anything that will burn when heated with sufficient oxygen
OXYGEN
 Aids in combustion; comes from the atmosphere we breath; the atmosphere
contains: 21% oxygen, 78% nitrogen and 1% impurities
HEAT
 Source of ignition

TRIANGLE OF FIRE (glowing mode)

 Oxygen
 Fuel
 Heat

FIRE TETRAHEDRON (flaming mode)

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

OXYGEN (Oxidizing Agent)

- A colorless, odorless gas and one of the compositions of air which is
approximately 21% percent by volume
Oxygen sources:
1. 21% of normal oxygen
2. 78% nitrogen
3. 1% other gases

Oxygen requirements:
1. 12% no fire
2. 14% flash point
3. 21% fire point

FUEL (REDUCING AGENT)

Is anything that will burn when heated with sufficient oxygen. It is the most
important part of the triangle, for fuel is what burns. The nature and properties of
the fuel are essential in combating fires. It comes in three form as solid, liquid or
gas.
Fuel sources
1. Solid
- Molecules are closely packed together
2. Liquid
- Molecules are loosely packed
3. Gas
- Molecules are free to move

THE SOLID FUELS

Types of Flammable solids
Pyrolyzable solid fuels - include many of the ordinary accepted combustibles: wood,
paper and so on.
Non-pyrolyzable solid fuels - solid fuels that are difficult to ignite. A common
example if charcoal. Chemical decomposition does not occur because there are no
pyrolyzable elements present.

THE FOLLOWING ARE GROUP OF SOLID FUELS

 Biomass - it is the name given to such replaceable organic matters like
wood, garbage and animal manure that can be used to produce energy.
 Fabrics and Textiles - A fiber is a very fine thin strand or thread like object
 Plastics - Cellulose Nitrate is a chemical powder used in bombs, they are
also called pyroxylin
 Coal - a black, combustible, mineral solid resulting from the partial
decomposition of matter under varying degrees of temperature.
 Peat - It is partially decayed plant matter found in swamps

THE LIQUID FUELS

Liquid fuels are mainly made form Petroleum, but some synthetic liquids are also
produced. Petroleum is also called crude oil. They may be refined to produce
gasoline, diesel oil, and kerosene.

2 GENERAL GROUPS OF LIQUID FUELS

 Flammable liquids – they are liquids having a flash point of 37.8°C (100 ° F)
and a vapor pressure not exceeding 40 psia (2068.5 um) at 37.8°C
 Combustible liquids – these liquids have flash point at or above 37.8° C
(100 ° F)

THE GAS FUELS

Gaseous fuels are those the which molecules are in rapid movement and random
motion. They have no definite shape or volume, and assume the shape and volume
of their container. There are both natural and manufacture flammable gases, Gas
fuels easily through pipes and are used to provide energy for homes, businesses,
and industries. Examples of gas fuels are acetylene, propane, and butanes

Classification of Gases: BASED ON SOURCE

NATURAL GAS - the gas used to heat buildings, cook food, and provides energy for
industries. It consists chiefly of methane, a colorless and odorless gas. Natural gas
is usually mixed with compounds of foul-smelling elements like sulfur so gas leaks
can be detected, Butane and propane, which make up a small proportion of natural
gas, become liquids when placed under large amount of pressure. When pressure is
released, they change back to gas. Such fuels, often called Liquefied Petroleum Gas
(LPG) or liquefied Natural Gas (LNG), are easily stored and shipped as liquid.
MANUFACTURED GAS – this gas like synthetic liquid fuels is used chief y where
certain fuels are abundant and others are scarce. Coal, petroleum, and biomass can
all be converted to gas through heating and various chemical procedures.

Classification of Gases: ACCORDING TO PHYSICAL CHARACTERISTICS

COMPRESSED GAS - Gas in which at all normal temperature inside its container:
exist solely in the gaseous state under pressure.
LIQUEFIED GAS - gas, which, at normal temperature inside its container, exist
partly in the liquid state and partly in gaseous state and under pressure as long as
any liquid remains in the container.
CRYOGENIC GAS - a liquefied gas which exists in its container at temperature far
below normal atmospheric temperature, usually slightly above its boiling point and
correspondingly low to moderate pressure.

Classification of Gases: ACCORDING TO USAGE

FUEL GASES - flammable gases usually used for burning with air to produce heat,
utilize as power, light, comfort, and process. Most commonly used gases are natural
gas and the LPG (butane and propane)
INDUSTRIAL GASES – This group includes a large number of gases used for
industrial processes as those in welding and cutting (oxygen, acetylene);
refrigeration (freon, ammonia, sulfur dioxide); chemical processing (hydrogen,
nitrogen, ammonia, chlorine); water treatment (chlorine, fluorine).
MEDICAL GASES - those used for treatment such as anesthesia (chloroform,
nitrous oxide), respiratory therapy (oxygen)

OTHER FUELS
CHEMICAL FUELS - Chemical fuels, which are produced in solid and liquid form,
create great amounts of heat and power. They are used chiefly in rocket engines.
Chemical rocket propellants consist of both a fuel and an oxidizer. A common rocket
fuel is the chemical hydrazine.
NUCLEAR FUELS - Nuclear fuels provide energy through the fission or fusion of
their atoms.
Nuclear Fission - split of the nucleus of atoms
Nuclear Fusion - combination of two light nuclei of atom HEAT The energy
component of the fire tetrahedron when heat comes

HEAT
 - The energy component of the fire tetrahedron when heat comes into contact
with a fuel, the energy supports the combustion reaction heat energy is
measured in units of Joules (J), however it can also be measured in Calories
(1 Calorie=4.184 J) and BTU’s (1 BTU=1055 J)
TEMPERATURE
- A measure of the degree of molecular activity of a material compared to a
reference point
- a measure of the degree of molecular activity of a material compared to a
reference point
- measured in degrees Fahrenheit or degrees Celsius

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

SPECIFIC HEAT
The heat capacity or the measure of the amount of heat required raising the
temperature of a unit mass of a substance one-degree.
LATENT HEAT
Sublimation - solid to gas
Melting - Solid to Liquid
Vaporization - Liquid to vapor/gas
Condensation - steam/vapor/gas to water
The amount of heat to produce a change of phase is called.

LATENT HEAT
The quantity of heat absorbed by a substance when the substance from a
solid to liquid to gas

FIVE DIFFERENT TEMPERATURE SCALES ARE IN USE TODAY, THEY ARE:

 Celsius - it has a freezing point of 0°C and a boiling point of 100°C. It is
widely used throughout the world, particularly for scientific works.
 Fahrenheit - it is used mostly in English-speaking countries for purposes
other than scientific works and based on the mercury thermometer. In this
scale, the freezing point of water is 32°F and the boiling point is 212 °F.
 Kelvin or Absolute – it is the most commonly used thermodynamic
temperature scale. Zero is defined as absolute zero of temperature that is, -
273.15 °c, or -459.67 F.
  Rankine - is another temperature scale employing absolute zero as its
lowest point in which each degree of temperature is equivalent to one degree
on the Fahrenheit scale. The freezing point of water under this scale is 492 R
and the boiling point is 672 °R.
 International Temperature Scale – In 1933, scientist of 31 nations
adopted a new international temperature scale with additional fixed
temperature points, based on the Kelvin scale and thermodynamic principles.
The international scale is based on the property of electrical resistively, with
platinum wire as the standard for temperature between -190 and 660°C.

Types of Energy (common sources of heat)

1. CHEMICAL ENERGY
- The most common source of heat in combustion reactions
- When any combustible is in contact with oxygen, oxidation occurs. The
reaction of this process results in the production of heat.
- Ex. Heat generated from burning match, seif heating (spontaneous heating)
2. ELECTRICAL ENERGY
- Can generate temperature high enough to ignite any combustible material
near the heated area.
- Examples:
 Over current or overload
 Arcing
 Sparking
 Static
 Lightning
3. NUCLEAR ENERGY
- Generated when atoms either split apart (fission) or combine (fusion)
- Example
 Fission heats water to drive steam turbines and produce electricity
 Solar energy is a product of a fusion reaction
4. MECHANICAL ENERGY
- An energy created by friction and compression
 Heat of friction - the movement of two surfaces against each other, thus
producing sparks
 Heat of compression – heat is generated when a gas is compressed in a
container or cylinder

SELF-SUSTAINED CHEMICAL REACTION

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

The process of PYROLYSIS

 With all elements of fire present, combustion takes place.
 Before a fuel will burn, it must be changed to its vapor state
 This change usually results from the initial application of heat known as
PYROLYSIS
  Pyrolysis (thermal decomposition) – “chemical decomposition of matter
through the action of heat. In this case, the decomposition causes a change
from a solid state to vapor state. Of the vapor mixes sufficiently with air and
heated to high temperature, combustion results.

Combustion is a self-sustaining chemical reaction producing energy or products

that cause more reactions producing energy or products that cause more reactions
of the same kind. Commonly known as burning.
Spontaneous Combustion: -It is a phenomenon in which a combustible material
generates or produces heat because of internal chemical action (oxidation) and
eventually ignites without any exposure to external sources of fire, spark or
abnormal heat.
Materials prone to spontaneous combustion:
A. Coal E. Grain
B. Dust F. Other plant products
C. Flour G. Porous materials such as rags, paper, etc. soaked in oil.
D. Hay

Flame - The luminous body of a burning gas. It is the manifestation of fire when
the fire is in its gas phased combustion.
Types of Flame
A. Based on Color and Completeness of Combustion
Luminous Flame - is an orange-red, deposit soot at the bottom of a vessel being
heated due to incomplete combustion and has a low temperature.
Non-Luminous Flame - is blue, there is complete combustion of fuel and has
relatively high temperature. It does not deposit soot because it is a product of
complete combustion
B. Based on Fuel and Air Mixture
Premixed Flame - is exemplified by a Bunsen-type laboratory burner where
hydrocarbon (any substance containing primarily carbon and hydrogen) is
thoroughly mixed with air before reaching the flame zone.
Diffusion Flame - is observed when gas (fuel) alone is force through a nozzle into
the atmosphere which diffuses. In the surrounding atmosphere in order to form a
flammable mixture. The flame of the oxyacetylene torch (diffused-dispersed, widely
spread)

C. Based on Smoothness
Laminar Flame - when particle follows a smooth path through a gaseous flame.
Turbulent Flame - are those having unsteady, irregular flows. As physical size, gas
density or velocity is increased, all laminar gas flows tend to become turbulent.

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

Stages of Fire
1. IGNITION
 - Describes the period when the four elements of the fire tetrahedron come
together and combustion begins.
2. GROWTH
- Shortly after ignition, a fire plume begins to form above the burning fuel. As the
plume develops, it begins to draw or entrain air from the surrounding space into the
column.
3. FLASHOVER
The transition between the growth and the fully developed fire stages and is
not a specific event such as ignition. During flashover, conditions in the
compartment change very rapidly as the fire changes from one that is dominated
by the burning of the materials first ignited to one that involves all of the exposed
combustible surfaces within the compartment.
4. FULLY-DEVELOPED
- Occurs when all combustible materials in the compartment are involved in the
fire
5. DECAY
- As the fire consumes the available fuel in the compartment, the rate of heat
released begins to decline
THREE (3) STAGES OF FIRE
1. INCIPIENT STAGE
- Initial stage of fire
Characteristics
- Normal room temperature
- Oxygen plentiful
- Thermal updraft rise accumulates at
higher point
- Temperature at 1000 F
- Producing CO2, CO, SO2, water and other gases

2. FREE BURNING PHASE

- A phase of burning in which
materials or structures are burning in the
presence of adequate oxygen
Characteristics
- Fire has involved more fuel
- Oxygen supply has depleted
- heat accumulates at upper area
- Temperature exceeds 1,330 F
- area is fully involved

3. SMOLDERING PHASE
- Final phase of burning wherein flame
ceases but dense smoke and heat
completely fill the confined room

MODES OF HEAT TRANSFER

Heat is by-product of combustion that is of significant importance to the
firefighter. It is heat that causes fire to sustain its combustion and, more important,
to extend. When heat given off as a product of combustion is exposed to an
unheated substance, certain changes occur that can make the new substance a
contributing factor in extending a fire.
1. CONDUCTION
- Heat transfer within solids or between contacting solids
2. CONVECTION
- Heat transfer by the movement of liquids or gasses
3. RADIATION
- Heat transfer by electromagnetic waves.
The last form of heat transfer occurs by radiation. As we have already seen, heat
energy can be transmitted directly when molecules collide with one another and
cause the waves of heat energy to travel
TYPES OF FIRE EXTINGUISHER
H20 Fire Extinguisher
- Extinguisher filled with water
- Use for Class A and Class B fires EXCEPT class C fires
Liquefied Fire Extinguisher
- Extinguishers that contain Carbon Monoxide Gas
- Use for class A, B, and C fires
Dry Chemical Extinguisher
- Extinguisher that contain chemical powder
- Proposed to fight all classes of fires
Foam Extinguisher
- Extinguisher that contains sodium bicarbonate and a foam-stabilizing agent
in a larger compartment and a solution of aluminum sulfate in an inner
cylinder, reaction between the two solutions forms a stabilized foam of
carbon dioxide bubbles.
Soda-acid Fire Extinguisher
- Filled with sodium bicarbonate mixed with water;
- A small bottle of sulfuric acid is suspended inside (near the top) in such a
way that when the extinguisher is turned up-side-down, the acid mixes with
sodium bicarbonate;
- Carbon dioxide is formed by the reaction which results to the building of
pressure inside the extinguisher; this pressure forces the water solution out
from the container through a hose.
Dry Chemical
- Mixtures of powders and various additives that improve the storage, flow,
and water repellency of the powder
- Sodium bicarbonate, potassium bicarbonate and mono ammonium
phosphate are some of the powders commonly used.
- It Is commonly used in inhibiting the chain reaction.

Two types of Dry Chemical

1. Multi-Purpose Dry Chemical - refers to powders use on Class A, B, C fires.
2. Ordinary and regular dry chemical - Powders that are used on Class B or
Class C fires.

Dry Powder
- It is used to extinguish combustible metals.
- It extinguishes fire by removing the air from the combustible metal.
- Primarily used on Class D fires
Aqueous Film Forming Foam (AFFF)
- It has the ability to seal the surface of burning hydrocarbon fires to prevent
flashback
- It is designed for use with fresh water at a 6-9% mixture.
- It Is generally used in Class B fires and may be applied also to Gass A but
less effective.

HALONS
- It is a generic term for halogenated hydrocarbons and its chemical
compound that contains carbon and one element from the halogens series.
- HALON 1211 or Bromochlorodifluoromethane which discharge partly gas and
liquid,
- HALON 1301 or bromotrifluoromethane is the least toxic of the Halons.
- Halogenated Agents are effective on Class B and Class C.

FLAME CONTACT
- heat may be conducted from one body to another by direct flame contact

PROPERTIES OF FIRE
1. PHYSICAL PROPERTIES
a. Specific gravity
- The ratio of the weight of a solid or substance to the weight of an equal
volume of water
b. Vapor density
- The weight of volume of pure gas compared to weight of a volume of dry air
at the same temperature and pressure
c. Vapor pressure
- The force exerted by the molecules on the surface of the liquid at the
equilibrium
d. Temperature
- The measure of the thermal degree of the agitation of molecules of a given
substance; the measure of the molecular activity within the substance
e. Boiling Point
- The constant temperature at which the vapor pressure of the liquid is equal
to the atmospheric pressure
f. Ignition temperature
The minimum temperature to which the substance in the air must be heated in
order to initiate or cause self- contained combustion without addition of heat from
outside sources
g. Fire point
- The temperature at which the material will give off ample vapors to keep
burning
h. Flash point
- The temperature at which the material is not hot enough to keep burning, but
still gives off enough vapors to cause a flame across the surface

2. CHEMICAL PROPERTIES
a. Endothermic reaction
- Are changes whereby energy is absorbed or is added before the reaction
takes place
b. Exothermic reaction
- Reactions or changes that releases or give off energy
c. Oxidation
- A chemical change in which combustible material and an oxidizing material
react
d. Combustion or flame
- The manifestation of fire is in its gas-phased combustion; matter that is
produced by fire.

Material Ignition Temperature

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

CLASSIFICATIONS OF FIRE
I. BASED ON CAUSE
a. Natural fire/ providential
b. Accidental fire
c. Intentional Fire/Incendiary
d. Undetermined
A. NATURAL FIRE
- Involves fires without direct human Intervention
Examples:
- Earthquake
- Typhoon
- Lightning
- Spontaneous combustion arising from the storage of combustible materials
in poorly ventilated places
- Explosion from petroleum products, alcohol and other substances
- Sun rays focused on glasses which may serve as a convex lens
B. ACCIDENTAL FIRE
- Carelessly discarded cigarettes
- Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
- Overheating, spark and electrical defects
- Overload electric circuits/ Octopus connections
- Children playing matches
- Use of candles
C. INCENDIARY FIRE
- Is one deliberately sat under circumstances in which the person knows that
the fire should not be set
D. UNDETERMINED FIRE CAUSE
- Whenever the cause cannot be proven, the proper classification is
undetermined

II. BASED ON BURNING FUEL

CLASS A
 -Ordinary solid materials such as wood, paper, fabrics, etc.
-This will be indicated by deep cited fire, leaves ashes and embers (glowing
coals) after burning
CLASS B
- Flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.
CLASS C
- Electrical appliances; causes electric shock
CLASS D
- Metal fire such as magnesium (white element burning with dazzling light),
sodium (a silver white metallic element), etc.; creates violent reaction
CLASS E
- Flammable gases such as LPG, LNG, etc.; also creates violent reaction

Classes in the United Kingdom and Europe

A-ordinary combustible
B-flammable or flammable liquids
C-flammable gasses
D-combustible metals
E-this class is no longer existing in Europe
F-cooking oils and fats
Fire Classes in Australia and Asia
A-everyday combustibles
B-combustible or combustible liquids
C-combustible gasses
D-combustible metals
E-electrical equipment
F-cooking fats and oils
Fire Classes in the U.S.A. (NFPA)
A-regular combustibles
B-flammable liquids and gasses
C-electrical appliances
D-combustible metals
K-cooking oils and fats

FIRE EXTINGUISHMENT
EXTINGUISHING AGENT
Class A-water (all agents)
Class B-foam/carbon dioxide (all agents)
Class C-carbon dioxide/powder (never use water, soda acid and foam)
Class D-special powder
Class E-all agents

METHODS OF EXTINGUISHMENT
1. COOLING - heat absorption.
2. SEPARATION - the removal of the fuel.
3. SMOTHERING - by expelling oxygen
4. Inhibition or the interruption of chemical chain reaction

Strategies Used in Firefighting:

 Locate the fire
 Confine the fire
  Extinguish the fire
 Exposures

Factors to Consider in Extinguishment:

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

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

Factors to determine the location

 Location of intensity of fire
 Highest point on the roof
 Direction of wind
 Existing exposure
 Extent of fire
 Obstruction

ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE

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

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

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

Various kinds of Ground Ladder

A. Straight or Hook Ladder
 It contains only one section
 It ranges from 12-16 feet, common size 14 feet.
B. Extension Ladder
  It consists of a bed and one or more fly ladders.
 Extension ladder that has a stay pole is called tormentors.
 It ranges up to 35 feet, extension ladder over 35 feet is called Bangor Ladder.
C. Attic Ladder
 It provides means of reaching an opening for those places which are difficult
to reach without special ladder.
 It can be folded or collapsed for a small room or closet works.
D. Wall Ladder
 It is best used in rescue where a ladder in place is already falls short of
endangered person.
 It allows the user to climb up or down, one-storey at a time.

2. Aerial Ladder - it is mounted on a turntable, capable of extending up to 100

feet, it may have 3 or 4 metal fly sections of ladder that can be raised or lowered by
hydraulically controlled cables.
Various Kinds of Aerial Ladder
a. Hydraulic Aerial Ladder
b. Elevating Platform (Articulated Boom)

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

FIRE DETECTION SYSTEM

The primary purpose of fire detection system is to discover a fire when it is in
its earliest phase and to respond by activating an alarm.

Factors in selecting a fire detector

Type of Structure and type of occupancy
 Estimated fire load
 Cost, Budget allocations
 Local Fire code requirements

CLASSIFICATION OF FIRE DETECTOR

1. Smoke Detector
 Designed to react and activate the alarm when little amount of products of
combustion go into their sensors.
  Smoke detectors are attached to the ceiling or wall in several areas of the
home.
Types of Smoke Detector
A. Ionization Detector
 It uses a radioactive source to transform the air inside it into a conductor of
electrical current.
 Any visible or invisible products of combustion entering this chamber
interrupt the current flow, which, in return activates the alarm.
B. Photoelectric smoke detector
 It consists of a projected light beam to cover large areas, or a reflected light
beam or spot type detector to cover small areas.
Projected light beam - a beam of light is projected from a light source to a
receiving source unit equipped with a photoelectric cell, which monitors the
intensity of the light beam.
Reflected beam - is a single unit containing a light source, alight catcher or
contact point. Smoke entering the chamber obstructs the directed light beam,
reflecting light from the light source onto the photoelectric cell thereby completing
the circuit.
2. Heat Detector
A. Rate-of-rise-detector
 It is calibrated so that a rapid increase in room temperature will cause the
detector to react and activate the alarm.
 It is normally calibrated to allow temperature within a certain range but
automatically activates when the permitted maximum temperature is
surpassed.
B. Fixed-temperature detector
 It is preset to activate at a given temperature.
 This detection unit may come from the manufacturer with a fixed
temperature rating but be equipped with a calibration screw, allowing an
installer or contractor to reset the unit to avoid false alarms.

ARSON INVESTIGATIVE GUIDE AND PROCEDURES

ARSON
- The willful and malicious burning of all kinds of buildings and structures
including personal properties
- The crime of maliciously and intentionally, or reckless, starting a fire or
causing an explosion.
- It comes from the Greek word “ARSIO” meaning to burn.
INVESTIGATION
- An art that deals with the identity and location of the offender and provides
evidence of his guilt in criminal proceedings
ELEMENTS OF ARSON
 Actual burning took place
 Actual burning is done with malicious intent
 The actual burning is done by person(s) legally and criminally liable
LAW AND JURISPRUDENCE
The law on arson in the Philippines is covered by Articles 320 to 326 of the
Revised Penal Code, as amended by PD No. 1613, PD No. 1744, and Sec. 50 Rule
VIII IRR of RA 6975 which provides that the Bureau of Fire Protection (BFP) shall
have the power to investigate all causes of fires and, if necessary, file the proper
complaint with the City/Provincial prosecutor who has jurisdiction over arson cases.
LAWS ON ARSON
1. Article 320-326 of the Revised Penal Code defines arson, its forms and
penalties
2. PD 1613 - the law amending the law on arson defining the prima facie evidence
of arson
3. RA 7659 - An Act to Impose Death Penalty on Certain Heinous Crimes, amending
for that purpose the Revised Penal Code as amended, other special laws, and for
other purposes
4. RA 6975 Sec. 54 - provides that the Fire Bureau shall have the power to
investigate all causes of fires and if necessary, file the proper complaint with the
City/Provincial Prosecutor who has jurisdiction over the case

What Constitutes Arson?

1. Burning - to constitute burning, pyrolysis must take place. In other words, there
must be burning or changing, i.e., The fiber of the wood must be destroyed, its
identity changed. 2. Willfulness - means intentional and implies that the act was
done purposely and intentionally
3. Malice - denotes hatred or ill will or a desire for revenge; deliberate intention of
doing unjustified harm for the satisfaction of doing it
4. Motive – the moving cause which induces the commission of a crime, something
that leads or influences a person to do something
5. Intent - the purpose on design with which the act is done and involves the will;
an essential element of crime, motive is not

ELEMENTS OF ARSON
 Actual burning took place
 Actual burning is done with malicious intent
 The actual burning is done by person(s) legally and criminally liable
 Basis and Extent of Criminal Liability in Arson
 Kind and character of the building
 Its location
 Extent of damage of value
 Its state of being inhabited or not

Stages in the Commission of Arson

A. Attempted Arson
 A person intending to burn a wooden structure, collects some rags, soaks
them in gasoline and places them beside the wooden wall of the building.
When he is about to light a match to set fire to the rags, he is discovered by
another who trailed him away.
 The crime committed is attempted arson, because the offender begins the
commission of the crime directly by overacts (placing the rags soaked in
gasoline beside the wooden wall of the building and lighting a match) but he
does not perform all the acts of execution (the setting of the fire to the rags)
due to the timely intervention of another who chases away) the offender.
B. Frustrated Arson
 The fact of having set fire to some rags and soaked in kerosene oil and
placed near the partition of the entire soil of an inhabited house, should not
be qualified as a consummated arson, in as much as no part of the house has
began to burn, although fire would have started in the said partition had it
not been extinguished on time. The crime committed was frustrated arson.
 The tools used alone are on fire, or a furniture or thing not attached to the
building is on fire (U.S. v. Valdez, G.R. No. L-14128, December 10, 1918)
C. Consummated Arson
 If before the fire was put out, part of the building was burned.
 Setting fire to the contents of a building constitutes the consummated crime
of setting fire to a building even if no part of the building was burned.

PRESIDENTIAL DECREE NO. 1613 – AMENDING THE LAW ON ARSON

(AMENDING ARTICLES 320 TO 326-8, RPC)
Who commits Arson?
 Anyone who burns or sets fire to the property of another.
 Anyone who sets fire to his own property under circumstances which expose
to danger the life or property of another (Sec 1. PD 1613)

Destructive Arson (Sec 2. PD 1613)

The penalty of Reclusion Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is any of the following:
 Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored.
 Any archive, museum, whether public or private, or any edifice devoted to
culture, education or social services.
 Any church or place of worship or other building where people usually
assemble.
 Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property
 Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
 Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater or movie house or any similar place
or building.
 Any building, whether used as a dwelling or not, situated in a populated or
congested area.

Other Cases of Arson (Sec 3. PD 1613)

The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if
the property burned is any of the following:
 Any building used as offices of the government or any of its agencies;
 Any inhabited house or dwelling;
 Any industrial establishment, shipyard, oil well or mine shaft, platform or
tunnel;
 Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest,
 Any rice mill, sugar mill, cane mill or mill central; and
 Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances in Arson (Sec 4. PD 1613)

The penalty in any case of arson shall be imposed in its maximum period;
 If committed with intent to gain;
 If committed for the benefit of another;
  If the offender is motivated by spite or hatred towards the owner or occupant
of the property burned;
 If committed by a syndicate
 The offense is committed by a syndicate if it is planned or carried out by a
group of three (3) or more persons

Prima Facie Evidence of Arson (Sec 6. PD 1613)

 If the fire started simultaneously in more than one part of the building or
establishment.
 Substantial amount of flammable
 If substances or materials are stored within the building note necessary in the
business neither of the offender nor for household us.
 If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing are found in the ruins or
premises of the burned building or property.

METHODS OF PROOF IN ARSON

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

BASIC LINES OF INQUIRY IN ARSON INVESTIGATION

I. POINT OF ORIGIN OF FIRE
 Initially, the important point to be established is the point of origin of fire.
Finding the point where the fire originated is naturally very important to
establishing the cause of the fire.
Techniques and factors considered in determining the point of origin
 Firemen, occupant’s passersby, and others who arrived at the fire scene
during the early stages of the fire may provide information relating to the
location of the fire in its early stages.
 The obvious presence of ”trailers” multiple separate fires, incendiary devices
and other suspicious articles may immediately reveal the origin and cause of
the fire, especially in those instances when an attempted arson has failed
because the fire was rapidly extinguished or it “burned out” because the
arsonist failed to properly ventilate it.
 Another technique related to tracing the normal path of the fire to its origin,
involves tracing the path of the burning to its sources by observing the
intensity of the destruction and charring of the uprights.
 Origin of the fire can also be traced through the so-called FIRE PATTERNS.
KINDS OF FIRE PATTERNS
 Lines or Areas of Demarcation – These are borders defining the
differences in certain heat and smoke effects of the fire upon various
materials. They appear between the affected area and adjacent unaffected or
less affected areas
 Surface Effect – The nature and material of the surface that contains the
fire pattern will have a bearing on the shape and nature of the pattern itself.
 FIRE LANGUAGE
 Alligatoring - large scales indicate rapid, intense heat.
 Calcinations - refer to the changes that occur during a fire in either plaster
or gypsum wall surfaces. It includes the elimination of water from gypsum to
charring the paper surface off the wall board.
 Clean Burn - refers to a fire pattern on surfaces where soot has been burned
away.
 Crazing - refers to the cracking of glass into smaller segments of
subdivisions in an irregular pattern.
 Depth of char – its value is obtained by measuring the distance from the
surface of the original dimensional wood and comparing this with remaining
unburned matter. It indicates the length of the time that a wooden structural
member was exposed to flame. (estimate the duration of a fire)
 Charring – It is an exposure of elevated temperatures in which e material
undergoes chemical decomposition that drives off gases, water vapor, and
various pyrolysis products as smoke. Car shrinks as it forms, and develops
cracks and blisters.
 Fusion - Is the change in formation of metals, glass or plastic due to being
exposed to high temperatures, sometimes it is called melting.
 Spalling - Is the breakdown in tensile strength of concrete or brick, usually
accompanied by a color change. Sometimes it causes chipping.

Telltale in Arson
 Burned Building - the type of the building may indicate a set fire under
some circumstances. A fire of considerable size at the time the first
apparatus arrived at the scene if it is a modern concrete or semi-concrete
building.
 Separate Fires - when two or more separate fires break out within a
building the fire is certainly suspicious.
 Color of smoke - some fires burn with little or no smoke but they are
exception. The observation of the smoke must be made at the start of the fire
since once the fire has assumed a major proportion; the value of the smoke is
lost, because the smoke will not indicate the material used by the arsonist
 Smoke marks – an experience investigator will determine the volume of
smoked involved at a fire and the character as residue deposited on walls or
elsewhere. Smoke marks have often been of assistance in determining the
possibility of a fire
 Size of Fire – this is important when correlated with the type of alarm, the
time received and the time of arrival of the first fire apparatus. Fires make
what might be termed a normal progress. Such progress can be estimated
after an examination of the material burned the building and the normal
ventilation offered to the fire. The time element and the degree of headway
much by the flames become important factors to determine possible
Incendiarism.
 Odor - the odor of gasoline, alcohol, kerosene and other inflammable liquids
which are often used as accelerant is characteristic and oftentimes arsonists
are trapped because of this tell-tale sign. Most of fire setters are inclined to
use substance which will make the blaze certain and at the same time burn
up any evidence of their crime
  Condition of Content - persons tending to set their house on fire frequently
remove objects of value either materially or essentially, Store and other
business establishments oftentimes remove a major portion of the content or
replace valuable merchandise without of style article.

Fire INVESTIGATOR’S responsibility in arson detection

FIRE INVESTIGATOR’S RESPONSIBILITY IN ARSON DETECTION
 The responsibility of a fireman is “arson detection” rather than arson
investigation.
 What then the firemen should do when responding to a fire scene?
I. Observing general conditions at the scene of the fire.
A. Upon Approaching the Fire
 Observing the elements. The record of a fire should include weather
conditions.
 Observe persons and automobiles-
 Observe color of smoke and flame.
1. Color of smoke is a rather reliable indication of the type of fire to be
extinguished.
2. Color of flame-substances burning are responsible for both color of
smoke and color of flame.
 When white smoke appears before the water from the fire hose comes in
contact with the fire, it indicates humid material burning. e.g., burning hay,
vegetable materials.
 Biting smoke, irritating the nose and throat and causing coughing indicates
presence of chlorine
 White smoke with yellow flame-Indicates burning of humid materials.
 Example: burning hay, vegetable matter.
 Black Smoke accompanied by large flame Indicates use of petroleum
products or rubber and plastics
 Reddish brown smoke presence of nitrocellulose sulfur, sulfuric acid, nitric
acid, hydrochloric acid.
 Meaning of color of Smoke and Fire:
 Red flame presence of petroleum.
 Blue flame-presence of alcohol, aldehyde or ketone.
 Biting smoke-irritating to nose and caused coughing indicate presence of
chlorine.
 Garlic odor smoke presence of phosphorous
 Heavy brown smoke with bright red flame-Nitrogen products.
 White smoke with bright white flame – Magnesium
 Black smoke with red and blue flame-Asphalt
 Purple or lavender flame-Potassium
 Greenish-yellow flame Chlorine or manganese
 Bright reddish yellow flame Calcium
B. Upon Arrival at the Fire Scene
1. Observe number of separate fires, intensity and rapidity of spread.
 Was there more than one fire burning?
 Were doors fastened in an open position to allow the fire to spread
2. Observe odors and methods required to extinguish flames.
 Odors detected at fire are often of value in determining what flammable
substances were present.
II. Observing condition of building openings at the time of a fire.
1. Find out whether doors and windows are locked.
 The possibility of outsiders having gained entrance is important.
2. Determine condition of doors, windows and locks.
 The presence of “jimmy marks “on jambs might be indicative of robbery
followed by arson to cover the crime.
3. Observing owners, occupants and bystanders at the time of a fire.
 Observe dress and manner of persons at the fire.
 Look for familiar faces.
2. Look for arson materials and arson equipment.
 “plants”
 “Trailers”
 “Accelerants”

Points on protecting and preserving evidence

1. Evidence remaining at the scene of a fire can be protected in various ways:
 Do overhauling and salvage work carefully.
 Handle evidence as little as possible.
 Place barricades, or rope off area around evidence.
 Have photos taken by a qualified photographer at the scene of the fire when
evidence must be removed.

Determining the Origin and Cause of the Fire

1. The main reason for conducting a post-fire examination
 “Point of origin of a fire is the location where the fire started.
 The term “area of origin” is sometimes used when fire originates over a large
tract or space, or when the exact point of origin cannot be determined.
 “Multiple points of origin are said to exist when there is more than one place
of beginning.

Evidence Collection
 Physical evidence is any finite or tangible materials, whether in trace or gross
quantity, that may assist in proving the elements of a crime.
 The proper recognition, documentation, collection, analysis and interpretation
of physical evidence can provide valuable information to the investigation
 These are mute evidence but they speak for themselves and they don’t tell
lies compared witnesses or complainants.
 Physical Evidence - Chain of Custody- location and security of an item of
evidence from the time it is discovered at the scene until it is introduced as
evidence in court
 Specimen to be collected in a fire scene
 Ashes and debris on the suspected fire origin.
 Mechanical and electrical device which may be used to start a fire
 Bottles and cans with liquid containing possible inflammable substance and
solvents

Why is arson very hard to investigate?

Arson is one of the most difficult offenses to investigate because the arsonist
can be able to set a fire and escape undetected. The fire can consume the scene
and destroy much physical evidence of the offense. Harder forms of evidence are
often buried in debris and grossly altered in appearance.
What Constitutes Burning?
 The mere fact that a building is scorched or discolored by heat is not
sufficient nor will bare intention or even an attempt to burn a house amount
to arson, if no part of it is burned.
 Yet, if there is actual ignition of any part of the building, arson is committed,
although there be no flame or the fire immediately goes out of itself.
 To burn means to consume by fire and in the case of arson, if the wood is
blackened but no fibers are wasted, there is no burning, yet the wood need
not be in flame or blaze, and the burning of any part, however, small is
sufficient to constitute arson, and if the house is charred in a single place so
as to destroy the fibers of the wood, it is sufficient to constitute arson.

Basis of Liability in Arson:

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

Motives in Arson
Motive
 Motive is the moving cause which induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?

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

Motive Can Be Established By:

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

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

Punitive Measure:
- An arsonist may use fire as a means of punishing another person for reason
of jealousy, hatred or revenge.
Intimidation or Economic Disabling:
- The fire may be used as a weapon of the saboteurs, the strikers or the
racketeers to intimidate or to disable economically as a step toward forcing
submission to certain demands.
Pyromania
- Is the uncontrollable impulse of a person to burn anything without
motivation. Pyromaniacs usually do not run away from the scene of the
crime, usually alone and feel satisfied watching the flame
Types of Pyromaniacs:
1. Abnormal Youth – Epileptics, imbeciles and morons may set fire without
knowing the seriousness of the act.
2. The Hero Type- a person may set fire on a building, subsequently pretends to
discover it and turn in the alarm so that he will appear a hero to the public. A
person may burn a building and endeavor to achieve spectacular rescue in order to
attract the attention of spectators.
3. Alcoholics and Drug Addicts – persons who subject themselves to intense
artificial stimulants such as narcotics sometimes develop a strong urge toward
incendiaries.
4. Sexual Deviates – some sex perverts derive sexual stimulation from setting a
fire and watching the flame. Frequently, he is chronic masturbator who stimulates
and enhances his sexual gratification by means of arson.

Public Disturbance
- An offender may resort to arson as a means of a public disturbance because
a fire attracts people and destruction causes confusion that gives rise to
attendant problems that divert police attention
Vandalism
- Is a general term denoting intentional burning to destroy properties
In determining motive, a fire investigator concentrates on three major
factors:
1. Points of origin of the fire
2. Modus operandi of the arsonist
3. Identify of persons who might benefits from the fire.

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

FIRE CODE OF THE PHILIPPINES

Republic Act No. 9514
- Approved on December 19, 2008
- Repealed PD 1185
- Known as the “Revised Fire Code of the Philippines of 2008”

Definition of terms
 Abatement - Any act that would remove or neutralize a fire hazard.
 Administrator - Any person who acts as agent of the owner and manages
the use of a building for him.
 Blasting Agent - Any material or mixture consisting of a fuel and oxidizer
used to set off explosives.
 Cellulose Nitrate or Nitro Cellulose - A highly combustible and explosive
compound produced by the reaction of nitric acid with a cellulose material.
 Cellulose Nitrate Plastic (Pyroxylin) – Any plastic substance, materials or
compound having cellulose nitrate (nitro cellulose) as base.
 Combustible, Flammable or Inflammable - Descriptive of materials that
are easily set on fire.
 Combustible Fiber - Any readily ignitable and free burning fiber such as
cotton, oakum, rags, waste doth, waste paper, kapok, hay, straw, Spanish
moss, excelsior and other similar materials commonly used in commerce.
 Combustible Liquid - Any liquid having a flash point at or above 37.8_C
(100 F).
 Corrosive Liquid – Any liquid which causes fire when in contact with organic
matter or with certain chemicals.
 Curtain Board - A vertical panel of non-combustible or fire resistive
materials attached to and extending below the bottom chord of the roof
trusses, to divide the underside of the roof into separate compartments so
that heat and smoke will be directed upwards to a roof vent
 Cryogenic - Descriptive of any material which by its nature or as a result of
its reaction with other elements produces a rapid drop in temperature of the
immediate surroundings.
 Damper - A normally open device installed inside an air duct system which
automatically closes to restrict the passage of smoke or fire.
 Distillation - The process of first raising the temperature in separate the
more volatile from the less volatile parts and then cooling and condensing
the resulting vapor so as to produce a nearly purified substance.
 Duct System - A continuous passageway for the transmission of air.
 Dust - A finely powdered substance which, when mixed with air in the proper
proportion and ignited will cause an explosion.
 Electrical Arc - An extremely hot luminous bridge formed by passage of an
electric current across a space between two conductors or terminals due to
the incandescence of the conducting vapor.
 Ember - A hot piece or lump that remains after a material has partially
burned, and is still oxidizing without the manifestation of flames.
 Finishes - Materials used as final coating of a surface for ornamental or
protective purposes.
 Fire - The active principle of burning, characterized by the heat and light of
combustion.
 Fire Trap – A building unsafe in case of fire because it will burn easily or
because it lacks adequate exits or fire escapes
 Fire Alarm – Any visual or audible signal produced by a device or system to
warm the occupants of the building or fire-fighting elements of the presence
or danger of fire to enable them to undertake immediate action to save life
and property and to suppress the fire.
 Fire Door - A fire resistive door prescribed for openings in fire separation
walls or partitions.
 Fire Hazard - Any condition or act which increases or may cause an increase
in the probability of the occurrence of fire, or which may obstruct, delay,
hinder or interfere with fire-fighting operations and the safeguarding of life
and property.
 Fire Lame – The portion of a roadway or public way that should be kept
opened and unobstructed at all times for the expedient operation of the
firefighting units.
 Fire Protective and Fire Safety Device – Any device intended for the
protection of buildings or persons to include but not limited to built-in
protection system such as sprinklers and other automatic extinguishing
system, detectors for heat, smoke and combustion products, and other
warning system components, personal protective equipment such as fire
blankets, helmets, fire suits, gloves and other garments that may be put on
or worn by persons to protect themselves during fire.
 Fire Safety Constructions – Refer to design and installation of walls,
barriers, doors, windows, vents, means of egress, etc. integral to and
incorporated into a building or structure in order to minimize danger to life
from fire, smoke, fumes or panic before the building is evacuated. These
features are also designed to achieve, among others safe and rapid
evacuation of people through means of egress sealed from smoke or fire, the
confinement of fire or smoke in the room or floor of origin and delay their
spread to other parts of the building by means of smoke sealed and fire-
resistant doors, walls and floors. It shall also mean to include the treatment of
buildings components or contents with flame retardant chemicals.
 Flash Point – The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.
 Forcing - A process where a piece of metal is heated prior to changing its
shape or dimensions.
 Fulminate - A kind of stable explosive compound which explodes by
percussion.
 Hazardous Operation/Process – Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely to cause
fires or explosions.
 Horizontal Exit - Passageway from one building to another or through or
around a wall in approximately the same floor level.
 Hose Box - A box or cabinet where fire hoses, valves and other equipment
are stored and arranged for firefighting.
 Hose Reel - A cylindrical device turning on an axis around which a fire hose
is wound and connected.
 Hypergolic Fuel – A rocket or liquid propellant which consists of
combinations of fuels and oxidizers which ignite spontaneously on contact
with each other.
  Industrial Baking and Drying - The industrial process of subjecting
materials to heat for the purpose of removing solvents or moisture from the
same, and/or to fuse certain chemical salts to form a uniform glazing the
surface of materials being treated.
 Jumper- A piece of metal or an electrical conductor used to bypass a safety
device in an electrical system.
 Occupancy - The purpose for which a building or portion thereof is used or
intended to be used.
 Occupant - Any person actually occupying and using a building or portions
thereof by virtue of a lease contract with the owner or administrator or by
permission or sufferance of the latter.
 Organic Peroxide - A strong oxidizing organic compound which releases
oxygen readily. It causes fire when in contact with combustible materials
especially under conditions of high temperature.
 Overloading – The use of one or more electrical appliances or devices which
draw or consume electrical current beyond the designed capacity of the
existing electrical system.
 Owner - The person who holds the legal right of possession or title to a
building or real property.
 Oxidizing Material - A material that readily yields oxygen in quantities
sufficient to stimulate or support combustion.
 Pressurized Or Forced Draft Burning Equipment - Type or burner where
the fuel is subjected to pressure prior to discharge into the combustion
chamber and/or which includes fans or other provisions for the introduction of
air at above normal atmosphere pressure into the same combustion
chamber.
 Public Assembly Building - Any building or structure where fifty (50) or
more people congregate, gather, or assemble for any purpose. Public Way
Any street, alley or other strip of land unobstructed from the ground to the
sky, deeded, dedicated or otherwise permanently appropriated for public use
 Pyrophoric - Descriptive of any substance that ignites spontaneously when
exposed to air.
 Refining - A process where impurities and/or deleterious materials are
removed from a mixture in order to produce a pure element of compound. It
shall also refer to partial distillation and electrolysis.
 Self-Closing Doors – Automatic closing doors that are designed to confine
smoke and heat and delay the spread of fire
 Smelting – Melting or fusing of metallic ores or compounds so as to separate
impurities from pure metals.
 Sprinkler System - An integrated network of hydraulically designed piping
installed in a building, structure or area with outlets arranged in a systematic
pattern which automatically discharges water when activated by heat or
combustion products from a fire, can be attached on each floor
 Standpipe System – A system of vertical pipes in a building to which fire
hoses including a system by which water is made available to the outlets as
needed.
 Vestibule – A passage hall or antechamber between the outer doors and the
interior parts of a house or building.
 Vertical Shaft – An enclosed vertical space of passage that extends from
floor to floor, as well as from the base to the top of the building.
Collection of Liquid Samples for Accelerant Testing
Liquid accelerants may be collected with
a. New syringe
b. Siphoning device
c. Evidence container itself
 d. Sterilize cotton balls or gauge pads may also be used to absorbed the
liquid

Where liquid accelerants are believed to have become trapped in porous

materials such as concrete floor:
a. Lime
b. Diatomaceous earth
c. Flour

Collection of liquid evidence absorbed by solid materials including soils

and sand:
a. Scooping
b. Sawing
c. Scraping
d. Core drilling

Collecting of Solid samples for accelerant testing

Solid accelerant may be common household materials and compounds or
dangerous chemicals. When collecting solid accelerants:
a. The fire investigator must ensure that the solid accelerant is maintained in
physical state in which is found
b. Some Incendiary materials remain Corrosive and Reactive.
c. Ensure the corrosive nature of these residue does not attack the packaging
container

Collection of Gaseous samples

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

Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipment and Components
Before wires are cut, a photograph should be taken of the wires, and the both ends
of the wire should be tagged and cut so that they can be identified as one of the
following:
a. The device or appliance to which it was attached or from which it was
severed
b. The circuit breaker or fuse number or location to which the wire was
attached or from which it was severed
c. The wire’s path or the route it took between the device and the circuit
protector, electrical switches, receptacles, thermostats, relays, Junction boxes,
electrical distribution panels, and similar equipment and components are often
collected as physical evidence.
THE BUREAU OF FIRE PROTECTION (BFP)
Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created
the Bureau of Fire Protection (BFP) to be responsible for the prevention and
suppression of all destructive fires and to enforce the laws on fire.
 Fire Protection is the descriptive term referring to the various methods used
by the bureau to stop, extinguish and control destructive fire for eventual
prevention of loss of life and property. It has the following objectives:
 To prevent destructive fire from starting
 To extinguish (stop or put out) on going destructive fire
 To confine a destructive fire at the place where it began
 To prevent loss of life and property when fire starts

POWERS AND FUNCTIONS OF BFP (SEC. 54, RA 6975)

 The Fire Bureau shall be responsible for the prevention and suppression of all
destructive fires on buildings, houses and other structures, forest, land
transportation vehicles and equipment, ships or vessels docked at piers or
wharves or anchored in major seaports, petroleum industry installations,
plane crashes and other similar incidents, as well as the enforcement of the
Fire Code and other related laws.
 The Fire Bureau shall have the power to investigate all causes of fires and, if
necessary, file the proper complaints with the city or provincial prosecutor
who has jurisdiction over the case.
Organization (Sec. 55)
The Fire Bureau shall be headed by a chief who shall be assisted by a deputy
chief. It shall be composed of provincial offices, district offices and city or municipal
stations.
At the provincial level, there shall be an office of the provincial fire marshall.
In the case of large provinces, district offices may be established, to be
headed by a district fire marshall. At the city or municipal level, there shall be a fire
station, each headed by a city or municipal fire marshall: Provided,
That in the case of large cities and municipalities, a district office with
subordinate fire stations headed by a district fire marshall may be organized as
necessary

ESTABLISHMENT OF FIRE STATION (SEC. 56)

There shall be established at least one (1) fire station with adequate
personnel, firefighting facilities and equipment in every provincial capital, city and
municipality subject to the standards, rules and regulations as may be promulgated
by the Department. The local government unit shall, however, provide the
necessary and or site of the station.

RANK CLASSIFICATION (SEC. 58)

Director
Chief Superintendent
Senior Superintendent
Superintendent Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Sensor Fire Officer III
Senior Fire Officer II
Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer 1
REPUBLIC ACT NO, 9263 AN ACT PROVIDING FOR THE
PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION (BFP) AND
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING
CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS
THEREOF AND FOR OTHER PURPOSES
This Act shall be known as the “Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004.”

ORGANIZATION AND KEY POSITIONS OF THE BFP AND THE BJMP (SEC.3, RA
9263)
The BFP and the BJMP shall be respectively headed by a Chief who shall be
assisted by two (2) deputy chiefs, one (1) for administration and one (1) for
operations, all of whom shall be appointed by the President upon recommendation
of the Secretary of the DILG from among the qualified officers with at least the rank
of senior superintendent in the service: Provided, That in no case shall any officer
who has retired or is retireable within six (6) months from his/her compulsory
retirement age be appointed as Chief of the Fire Bureau or Chief of the Jail Bureau,
as the case may be: Provided, further, That the chief of the Fire Bureau and Chief of
the Jail Bureau shall serve a tour of duty not to exceed four (4) years: Provided,
however, That in times of war or other national emergency declared by Congress,
the President may extend such tour of duty.

APPOINTMENT OF UNIFORMED PERSONNEL TO THE BEP AND THE BJMP

(SEC. 5, RA 9263)
The appointment of uniformed personnel to the BFP and the BJMP shall be
effected in the following manner:
a. Fire/Jail Officer I to Senior Fire/Jail Officer IV. Appointed by the respective
Regional Director for Fire Protection and Regional Director for Jail Management and
Penology for the regional office uniformed personnel or by the respective Chief of
the Fire Bureau and Chief of the Jail Bureau for the national headquarters office
uniformed personnel, and attested by the Civil Service Commission (CSC);
b. Fire/Jail Inspector to Fire/Jail Superintendent. Appointed by the respective
Chief of the Fire Bureau and Chief of the Jail Bureau, as recommended by their
immediate superiors, and attested by the CSC;
c. Fire/Jail Senior Superintendent. Appointed by the Secretary of the DILG upon
recommendation of the respective Chief of the Fire Bureau and Chief of the Jall
Bureau, with the proper attestation of the CSC; and
d. Fire/Jail Chief Superintendent to Fire/Jail Director – Appointed by the
President upon, recommendation of the Secretary of the DILG, with the proper
endorsement by the Chairman of the CSC.

BFP STANDARD OPERATING PROCEDURE NO. IID 2008-01

Based on the degree of amount and value of the total damages incurred in a certain
fire incident.
A. Municipal Fire Marshal -Level 1 - Through its Municipal Investigation and
Intelligence Unit shall have the full responsibility and power to investigate fire
incidents with a total amount of damage not exceeding to twenty million pesos
B. City Fire Marshal -Level II-Through its City Investigation and Intelligence
Branch shall have the full responsibility and power to investigate fire incidents with
a total amount of damage not exceeding to thirty million pesos.
C. District Fire Marshal Level-III-Through its District Investigation and
Intelligence Branch shall have the full responsibility and power to investigate fire
incidents with a total damage amounting to above Thirty Million Pesos, but not
exceeding to forty million pesos. DITB can assume the conduct of investigation on
fire incidents with damages amounting to more than 20 million pesos in Municipal
levels only within their respective jurisdictions.
D. Provincial Fire Marshal -Level III- Through its Provincial Investigation and
Intelligence Branch shall have the full responsibility and power to investigate fire
incidents with a total damage amounting to above thirty million pesos but not
exceeding to forty million pesos. PIIB can assume the conduct of investigation on
fire incidents with damages amounting to more than 20 million pesos in Municipal
levels only within their respective jurisdictions.
E. Regional Director for Fire Protection -Level IV – through its RIIB shall have
the full responsibility and power to investigate fire incidents with a total damage
amounting to above forty million pesos, but not exceeding to sixty million pesos.
F. Chief, Bureau of Fire Protection – National level – Through its IID shall have
the full responsibility and power to investigate fire incidents with a total damage
amounting to above sixty million pesos
Section 7 – in such event that death results from a fire incident, the concerned FAI
shall immediately sought the assistance of the PNP-SOCO, or any other legal/
recognized group for lifting and autopsy of the cadaver found at the fire/crime
scene
 DRUG EDUCATION and VICE CONTROL
DRUGS
 Any chemically active substance rendering a specific effect on the central
nervous system of man.
 A chemical substance that affects the functions of living cells and alters body
or mind processes when taken to the body or applied through the skin.
 Is a chemical substance that brings about physical, emotional or behavioral
change in a person taking it.
 Any chemical substance, other than food, which is intended for used in the
diagnosis, treatment, cure, mitigation or prevention of disease or symptoms.
 The term drug derives from the 14 th century French word drogue, which
means a dry substance.

DRUGS CAN BE NATURAL AND SYNTHETIC/ARTIFICIAL

A. Natural Drugs
- Are active ingredients, secondary metabolic products of plants and other
living systems that may be isolated by extraction. Example: Raw Opium, Marijuana,
Coca Bush
B. Synthetic Drugs
- Are artificially produced substances, synthesized in the laboratory for the
illicit market, which are almost wholly manufactured from chemical compounds in
illicit laboratories. Example: Methamphetamine, Barbiturates

SEVEN CATEGORIES OF DRUGS

The following are the categories of drugs namely:
1. HERBAL DRUGS
- Are plant substance that have drug effects whose use is not generally
regulated by the law. These substances require little processing after the plants are
gathered. These drugs may be grown locally.
2. OVER-THE-COUNTER DRUGS
- are commercially produced drugs that may be purchased legally without
prescription. These drugs are also known as “propriety drugs”.
3. PRESCRIPTION DRUGS
- Are commercially produced drugs that can be legally sold or dispensed only by
a physician or on physician’s order. They are like over-the-counter drugs in that
they are manufactured by pharmaceutical companies, but they differ, in that the
decision to use drugs is legally vested in a licensed physician not in the user.
4. UNRECOGNIZED DRUGS
- Are commercial products that have a psychoactive drug effects but are not
usually considered drugs. These substances are not generally regulated by law
except in so far as standards of sanitation and purity is required.
5. ILLICIT DRUGS
- Are drugs whose sale, purchase prohibited by law. Criminal penalties usually
apply to violation of these laws.
6. TOBACCO
- Is not generally considered a drug, thus, may be classified as an unrecognized
drug. However, tobacco holds such a distinct position in terms of usage patterns,
economic importance, and health consequences that it merits a category to itself.

7. ALCOHOL
 - Although alcohol may be included in the unrecognized drugs, alcohol in
forms such as beer wine, and distilled liquor is one of the most widely used drugs in
our society. It is regarded by many experts as the most commonly abused drug in
our society.

MEDICINE VS. DRUGS

All medicines are drugs, but not all drugs are medicinal drug. Medicinal drugs
A substance which when taken into the human body cures illness and/or relieves
signs/symptoms of disease.

THE "SELF-MEDICATION SYNDROME”

The “self-medication” syndrome is found in users and would be users of drugs
whose sources of information are people or literature other than doctors,
pharmacists and health workers. These could be members of the family, relatives,
and/or neighbors, all of whom may have previously used the drug for their specific
disease or disorder.

ROUTES OF DRUG ADMINISTRATION

1. Oral Ingestion
- Taken by the mouth and must pass through the stomach before being
absorbed in the bloodstream.
2. Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the
capillary system.
3. Injection
- The drug can be administered into the body by the use of a syringe or
hypodermic needle in the following
 Subcutaneous (SC)-drug is administered by injecting the drug just below
the surface of the skin; this is sometimes called “skin popping.”
 Intramuscular (IM) – administration involves the injection of a drug into a
large muscle mass that has a good blood supply, such as the gluteus
maximus, quadriceps, or triceps.
 Intravenous (IV) – the most efficient means of administration which
involves depositing drug directly into the bloodstream, this is also the most
rapid method of drug administration.
4. Snorting
- Inhalation through the nose of drugs not in gaseous form.
5. Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips:
6. Suppositories
- the drug is administered through the vagina or rectum
7. Topical
- application of drugs directly to a body site such as the skin and the mucous
membrane
8. Iontophoresis
- introduction of the drugs into the deeper layer of the skin and the mucous
membrane

THE CONCEPT OF TOXICOLOGY

1. Overdose – when too much of a drug in taken, there may be an over extension
of its effects.
2. Allergy - some drugs cause the release of histamine giving rise to allergic
symptoms such as dermatitis, swelling, bail in blood pressure, suffocation and
death.
3. Idiosyncrasy- for unexplained reasons, morphine, which sedates all men,
stimulates and renders some women Some maniacal Perhaps the phrase “catty
woman” has pharmacological basis since most mammals are sedated by morphine
but some cats become extremely excited by it
4. General Protoplasmic Poison Property -drugs are chemicals and some of
them have the property of being general protoplasmic poisons.
5. Side Effects -some drugs are not receptors for one organ but receptors of other
organs as well. The effect in the other organ may constitute a side effect, which is
unwanted.

THE MEDICAL USE OF DRUGS

 Analgesics relieve pain. However, they may produce the opposite effects on
somebody who suffers form peptic ulcer or gastric irritation.
 Antibiotics combat or control infectious organisms. Ingesting the same
antibiotics for a long time can result in allergic actions and cause resistance
to the drug.
 Antipyretics can lower body temperature or fever due to infection.
 Antihistamines control or combat allergic reactions. People who on
antihistamine therapy must not operate or drive vehicles since these drugs
can cause drowsiness.
 Contraceptives prevent the meeting of the egg cell and sperm cell or
prevent the ovary from releasing egg cells. Pregnant women must not take
birth control pills to avoid congenital abnormalities. This advice also applies
to women suffering from heart disease, varicose veins, breast limps, goiter
and anemia. The effectiveness of oral contraceptives may be reduced when
taken with antibiotic.
 Decongestants relieve congestion of the nasal passages. Prolonged used of
these decongestants might include nasal congestion upon withdrawal
 Expectorants ease the expulsion of mucus and phlegm from the lungs and
the throat. They are not drugs of choice for the newborn that does not know
to cough the phlegm out.
 Laxatives stimulate defecation and encourage bowel movement. They
should not be given to pregnant women and those suffering from intestinal
obstruction. Taking purgatives (stronger than laxatives) unnecessarily might
result in rupture or the intestines or appendix if there is an obstruction.
Constant use to make the intestines DD
 Sedatives and tranquilizers calm and quiet the nerves and relieve anxiety
without causing depression and clouding of the mind. Precautions must be
taken in the use of tranquilizers since they can cause impairment of
judgement and dexterity.
 Vitamins are food substances necessary for normal growth and development
and proper functioning of the body.

When are drugs harmful?

Any drug may be harmful when taken in:
- Excess
- Dangerous combinations,
- By hypersensitive (allergic) person
DRUG ABUSE
Deliberate used of medically useful drugs which have the capacity to alter
mood and behavior without the benefit of a prescription.
Refers to the use of a medically useful mood altering drug for a course
different from the one for which the drug has been indicated:
It refers to the use of a drug with such frequency that causes physical or
mental harm to the user or impairs social functioning

DRUG DEPENDENCE
 Also called as DRUG ADDICTION
 The users continue to take a drug over an extended period of time
 The users find it difficult to stop using the drug
 The users stop taking their drug – only if their supply of the drug is cut off, or
if they are forced to quit for any reason-they will undergo painful physical or
mental distress

(Withdrawal Syndrome) aka Cold Turkey – symptoms that occur after long-term
use of a drug is reduced or stop
 Drug dependence may lead to drug abuse – especially the illegal drugs
abruptly.

TYPES OF DRUG DEPENDENCE

A. PHYSICAL DEPENDENCE – can only be discernible when drug intake is
decreased or stopped and an involuntary illness called the withdrawal syndrome
occurs
 Tolerance
- Occurs when body becomes accustomed to a drug as the drug is repeatedly
taken in the same dose.
- It now requires ever increasing larger doses to achieve the same desired
effect.
 Addiction
- Severe craving for the drug even to the point of interfering with the person’s
ability to function normally
B. PSYCHOLOGICAL DEPENDENCE – Exhibited when a user relies on a due to
achieve a feeling of well-being.
 Habituation
- characterized by continuous desire for a drug
- A person believes that the drug is needed to function at work or home
because drugs often produce an elated/excited emotional state.

DRUG DOSAGE
- A dose of a drug is the amount taken at one time
- The doses taken become an extremely important part of drug abuse
- The most common drug in a dose can be described as
 Minimal dose - the amount needed to treat or heal, that is, the smallest
amount of drug that will produce a therapeutic effect.
 Maximal dose - the largest amount of a drug that will produce a desired
therapeutic effect without any accompanying symptoms of toxicity.
 Toxic Dose - the amount of drug that produces untoward effect or symptoms
of poisoning
  Abusive dose - the amount needed to produce the side effects and action
desired by an individual who improperly uses it
 Lethal dose - the amount of drug that will cause death

CLASSIFICATIONS OF DRUG ABUSERS

A. Situational Users
- Those who use drugs to keep them awake or for additional energy to
perform an important work. Individual may or may not exhibit psychological
dependence.
B. Spree Users
- School age users who take drugs for kicks, an adventurous daring
experience, or as a means of fun.
- There may be some degree of psychological dependence but little physical
dependence due to the mixed pattern of use.
C. Hard Core Addicts
- Those, whose activities revolve almost entirely around the drug experience
and securing supplies.
- They show strong psychological dependence on the drug
D. Hippies
- Those who are addicted to drugs believing that drug is an integral part of
life.

DRUGS COMMONLY ABUSED

1. STIMULANT
- Drug that excite the central nervous system, increasing alertness,
decreasing fatigue, delaying sleep, also impale appetite and cause weight loss.
a. Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato,
Siopao
Methamphetamine hydrochloride/SHABU – a type of amphetamine also
known as “poor man’s cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice.
Shabu - is a white, odorless crystal or crystalline powder with a bitter
numbing taste by
B. Cocaine – an agent that produces a temporary increase of the functional
activity or efficiency of an Organism of any of its parts.
Street names - Coke, Snow, Flake, Bow
Cocaine – is a drug from the leaves of Coca plant, a shrub that originated in
South America. This drug affects the central nervous system as a stimulant.
The name comes from “coca” and the alkaloid suffix -ine, forming cocaine. It
is a stimulant, an appetite suppressant. And a topical anesthetic.
2. OPIATES/NARCOTIC
- Opiates, sometimes called narcotics, are a group of drugs that are used
medically to relieve pain, but have a high potential for abuse. Some opiates
come from a resin taken from the seedpod of the Asian poppy. Opiates that are
commonly abused are Opium, Morphine, Codeine, and synthesized or manufactured
opiates.
Narcotic-substance that lessens pain and/or induces stupor.
a. Opium is the dried latex obtained from the opium poppy (Papaver somniferum).
Opium contains up to 12% morphine, an alkaloid, which is frequently processed
chemically to produce heroin. The latex also includes codeine.
Opium poppy, Papaver somniferum, is the species of plant from which opium
and poppy seeds are derived. Opium is the source of many narcotics, including
morphine (and its derivative heroin), thebaine, codeine, papaverine and noscapine.
The Latin botanical name means the “sleep-bringing poppy”, referring to the
sedative properties of some of these opiates.
b. Morphine is a potent opiate analgesic drug that is used to relieve severe pain. It
was first isolated in 1804 by Friedrich Serturner, first distributed by him in 1817,
and first commercially sold by Merck in 1827.
- It took Its name from the Greek god of dreams Morpheus.
- The most abundant alkaloid found in Opium, the dried sap (latex) derived
from shallowly slicing the unripe seedpods of the opium, or common and/or edible,
poppy.
- Morphine can usually be found in tablet form, a syrup, Injection or as a
suppository form.
- Morphine is usually taken orally via a syrup, tablet or capsule, however, it
can come in an injectable form.
c. Heroin is processed from morphine, a naturally occurring substance extracted
from the seed pod of certain varieties of poppy plants.
- It Is typically sold as a white or brownish powder or as the black sticky
substance known on the streets as “black tar heroin
3. Hallucinogens -Drugs that are derived from plants chemical substances which
affects the perception, sensation, behavior and produces hallucination on the user.
Marijuana is the term used to describe all the plant material like leaves,
tops, stems, flowers and roots from a cannabis plant (Cannabis sativa), dried and
prepared for smoking or taken orally as “brownies”.
The mind-altering component is the tetrahydrocannabinol; THC for short,
which is concentrated in the resin.
4. Depressants/Sedatives
- Drugs that have mild-calming or sleep-producing effect upon the central
nervous system. e.g., Valium
5. Inhalants – drugs whose volatile vapors are taken in via the nose and trachea.
- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter
fluid and air freshener

REASONS WHY PEOPLE TURN TO DRUG ABUSE

A. POVERTY
 This is the most prevalent factor that prompt pushers and abusers alike to
indulge in dangerous drugs
 Pushers were forced by the circumstances to the retailing of prohibited drugs
as a meant or source of livelihood
 Many abusers use dangerous drugs as a vehicle to escape the realities of
poverty and its related problems.
B. IGNORANCE
 Lack of knowledge and Information about how dangerous drugs look like,
their bad effects, legal ramifications or consequences and other aspects of
prohibited drugs
C. PARENTAL INFLUENCES
 Unhappy home, parents showing little or no interest in their children, Abuses
committed by parents such as harsh physical punishments
 Lack of parental values; parents who are permissive and liberal; parental
neglect, domestic violence; role modeling
D. PEER INFLUENCES
 Drug using friends encourage, pressure even, a youth to experiment with
drugs.
E. PERSONALITY FACTORS
 Curiosity or the desire to experience a new state of consciousness
 Escape from physical and mental pain, relief from boredom and frustration,
and desire to escape from harsh realities
 Unable to conform to social standards; weak personality or low sense of self-
esteem.
THE 7 DEADLY SINS-PRIMARY CAUSES OF DRUG ABUSE
1. PRIDE – excessive feeling of self-worth or self-esteem, sense of self-importance.
2. ANGER - unexpressed, deep-seated anger against himself, his family, his friends
or the society in general.
3. LUST - burning sexual desire can distort the human mind to drug abuse.
4. GLUTTONY - “food trip” in the lingo of junkies
5. GREED - wealth, fame, recognition as exemplified by people under pressure in
their work of art, such as musicians, actors, athletes who indulge in drug abuse.
6. ENVY - to get attention from someone: as a sign of protest envy is a major cause
of drug abuse.
7. LAZINESS- “I can’t syndrome”, Incapacity to achieve the breeding ground of
drug abuse. Boredom coupled with poor self-image.

DRUG TRAFFICKING
 Otherwise known as DRUG TRADE
 Generally, refers to the sale and distribution of illegal drugs
 It refers to the illegal process through which narcotics and other illegal drugs
are produced, transported, and sold.
 Drug/Illegal Trafficking is the illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical. (RA 9165)

A. First Important Drug Traffic Route

 Middle East-discovery, plantation, cultivation, harvest
 Turkey-preparation for distribution
 Europe-manufacture, synthesis, refine
 USA - marketing
B. Second Major Drug Traffic Route
 Drugs that originates from the Golden Triangle
Burma/Myanmar

Laos Thailand

In Southeast Asia the “Golden Triangle” approximately produced 60% of

opium in the world, 90% of opium in the eastern part of Asia. It is also the officially
acknowledged source of Southeast Asian Heroin.
 Drugs that originate from the Golden Crescent
 Iran
 Afghanistan
 Pakistan
 India
In Southwest Asia the “Golden Crescent is the major supplier of Opium
poppy, Marijuana and Heroin products in the western part of Asia. It produces at
least 85% to 90% of all illicit heroin channeled in the drug underworld market
  Drugs that originate from the Silver Triangle
 Peru
 Columbia
 Bolivia

THE WORLD’S DRUG SCENE

A. Middle East
 The Becka Valley of Lebanon is considered to be the biggest producer of
Cannabis in the Middle East
 Lebanon also became the transit country for cocaine from South America to
European illicit drug markets.
B. Spain
 This is known as the major transshipment point from international drug
traffickers in Europe and became the paradise of drug users in Europe.
C. South America
 Columbia, Peru, Uruguay, and Chile are the principal sources of all cocaine
supply in the world due to the robust production of the coca plants-sources of
the cocaine drug. Columbia: Coca/Cocaine
D. Mexico
 It is known in the world to be the number one producer of marijuana.
E. Philippines
 The second in Mexico as to the production of Marijuana.
 Also became the major transshipment point for the worldwide distribution of
illegal drugs particularly shabu and cocaine from Taiwan and America.
 It is noted that Philippines today is known as the drug paradise of drug
abusers in Asia
F. India
 The center of the world’s drug map, leading to rapid addiction among its
people.
G. Indonesia
 Northern Sumatra has traditionally been the main canabbis growing area in
Indonesia.
 Bali Indonesia is an important transit point for drugs en route to Australia and
New Zealand
H. Singapore, Malaysia and Thailand
 The most favorable sites of drug distribution from the “Golden Triangle” and
other parts of Asia
I. China
 The transit route for heroin from the “Golden Triangle” to Hongkong. It is also
the country where the “épedra” sunt is cultivated-source of the drug
ephedrine- the principal chemical for producing the drug shabu.
J. Hong Kong
 The world’s transshipment point of all forms of heroin.
K. Japan
 The major consumer of cocaine and shabu from the United States and
Europe.

TYPES OF DANGEROUS DRUGS

A. DEPRESSANTS
 Also known as “downers”, are drugs which act on and depress the central
nervous system causing initial relaxation leading to drowsiness and sleep,
 Used of downers results to impairment of judgment, hearing, speech and
muscle coordination,
 They dull the minds, slow down the body reaction to such extends those
accidental deaths and suicides usually happen.
 SIDE EFFECTS & LONG-TERM EFFECTS DEPRESSANTS
 Loss of body control may result to bone fractures
 Impaired blood pressure regulation and balance control
 Cognitive impairment, memory loss and pseudo- dementia
 Nocturnal urinary incontinence
 Worsening sleep
 Respiratory problem
 Dependency
 Over sedation may lead to death.

TYPES OF DEPRESSANTS
A.1. Narcotics
- The term narcotic basically refers to drugs that produce a depressant, effect
the CNS
- Medically they are potent pain killers, cough suppressant and active
component of anti-diarrhea preparations.
OPIUM & ITS DERIVATIVES
A.1.1 Opium
 It is derived from the Oriental poppy plant papaver somniferum
 Raw opium is dark brown in color and is bitter in taste
 Street name: “gum”, “gamot”, “kalamay” or “panocha”.
A.1.2. Morphine
 6X stronger than opium
 It is the most important alkaloids and constitutes about 10% of the use raw
opium
 Friedrich Serturner, isolated morphine from opium
 Street Name: M. Dreamer, Emma, Emsel, Puibos
A.1.3 Heroin
 Most commonly abused narcotic in the world.
 It was discovered by Alder Wright (1896) Most powerful derivatives of
Opium, bitterer and commonly injected
 Physicians immediately began to use heroin to cure morphine and opium
addiction and called as “Miracle Drug”
 Street Name: BLANCO, BROWN SUGAR, KABAYO, KENGKOY, GAMUT,
MATSAKO, PULBOS, SAPSAP, TINIK
A.1.4 Codeine
 Also known as Methylmorphine. Its effect is weaker in intensity Cough
preparations
 Street Name: School Boys
A.1.5 Methadone
 A synthetic narcotic used as treatment of heroin dependence but also fallen
to abuse.
 Other than methadone, other most commonly top known synthetic opiate
substitute are meperidine word means (demerol) and darvon.

A.2 Barbiturates
 Drugs used for inducing sleep in persons plagued with anxiety, mental stress,
and insomnia.
 Street Name: LILY, BALA, DOWNERS, YELLOW JACKETS, BLUE HEAVENS
A.3 Seconal
 Sudden withdrawal from these drugs is even more dangerous than opiate
withdrawal
A.4 Tranquilizers
 Drugs that calm and relax and diminish anxiety. They are used in the
treatment of nervous states and some mental disorders without producing
sleep
A.5 Volatile Solvents
 Gaseous substances popularly known to abusers as “gas”, “teardrops”.
A.6 Alcohol
 The king of all drugs with potential for abuse
 Most widely used, socially accepted and most extensively legalized drug
throughout the world.

B. STIMULANTS
 Also known as “Uppers” Drugs which induce alertness, wakefulness, elevated
mood, increased speech, mental and motor activity, relieve fatigue or
boredom and decreased appetite.
 E.g., Shabu, Cocaine, Ecstasy

TYPES OF STIMULANTS
B.1 Cocaine
 The drug taken from the coca bush plant Ertyroxylon coca understandably
called “snow” in the junkie jargon
 It is one of the strongest short acting stimulants.
 Taken orally, injected or sniffed as to achieve euphoria or an intense feeling
of “highness”.
 Street Name: COKE, CRACK, DUST, HEAVEN’S DUST, STARDUST, WHITE GIRL,
SPEED BALLS
B.2 Amphetamines
 Usually prescribed to reduce appetite and to relieve minor cases of mental
depression
 This drug is representative of a broad class of stimulants known as “pep pills”
 Street Name: EYE OPENER, LID POPERS, UPPERS, HEARTS
B.3 Shabu/poor man’s cocaine Chemically known as methamphetamine.
 It is a central nervous system stimulant and sometimes called “upper” or
“speed”, It is white, colorless crystal crystalline powder with a bitter numbing
taste
 It can be taken orally, inhaled (snorted), sniffed that (chasing the dragon) or
injected.
 It is considered as the most abused stimulants in the Philippines
 Street Name: SHASHA SPEED SPLASH, UABS, SIS, ICE, SHA
B.4. Nethylenedioxymethamphetamine (MDMA)
 It is a white, yellow or brown in color with a bitter taste and comes in the
form of a tablet, capsule or powder
 Its tablet form comes in various designs and shapes hence
 It is dubbed as “designer drugs.

C. HALLUCINOGENS (PSYCHEDELIC)
 Natural or synthetic psychoactive drugs that produce reactions such as
perceptual alterations and changes in the state of consciousness.
 They consist of variety of mind-altering drugs, which distort reality, thinking
and perceptions of time, sound, space and sensation.

IMMEDIATE EFFECTS
 Hallucinations/Illusions
 Faster heart beat and pulse rate
 Bloodshot Eye/blurred vision/Rapid Eye Movement (REM)
 Dry mouth and throat
  Forgetfulness/inability to think
 Altered sense of time/disorientation
 Impaired reflexes, coordination and concentration
 Acute panic anxiety reaction
 Food-trip & sleepiness (MJ)

C.1 Lysergic Acid Diethylamide (LSD)

 Derived from the fungus Claviceps purpurea which infects wheat. It was
discovered by Dr. Albert Hoffman while working in a Swiss Pharmaceutical
company.
 Known on the streets the best known and most powerful hallucinogens.
Street name: XTC, ADAM, ESSENCE, HERBALS, E
C.2 Mescaline
 Aka STP which stands for serenity- tranquility- peace a drug derived from
the dried tops of the peyote cactus, a small cactus native to Mexico.
 Street Name: CACTUS, BUTTONS, BEAN
C.3 Psilocybin
 Hallucinogenic compound obtained in mushroom, psilocybe Mexicana
 Street Name: MAGIC MUSHROOM
C.4 Phencyclidine (PCP)
 considered as a danger and highly dangerous drug because it can be easily
synthesized
 It is popularly known as angel dust.
C.5 Marijuana (Cannabis Sativa L)
 Marijuana is a Mexican term meaning pleasurable feeling.
 It is the world’s oldest cultivated plant started by the Incas of Peru
 It was also known that marijuana was a “sacred tree” in the belief of the
Assyrians being used during religious rituals -some 9,000 BC.
 The flowering tops of both male and female plant produce a sticky resin
which contains Tetrahydrocannabinol or THC
 Street Name: Mary Jane, MJ, Flower, Pampapogi, Brownies, Damo, Pot Joint,
Dope

VARIOUS TEST FOR DANGEROUS TEST

A. Physical Tests
 weight/volume
 Appearance color, texture
 odor, homogeneity
 pH
 Solubility Microscopic
B. Chemical Test
 Marquis Test-Amphetamines
 Simon’s Test-Methamphetamines
 Chen-Kao’s Test Ephedrine
 Cobalt Thiocyanate Test Ephedrine
 HNO3 Test Opium Alkaloids
 Zwikker’s Test Barbiturates
 FBS Test- Marijuana
 Micro-Diffusion Test Volatile Substance
 Field Test for Dangerous Drugs

DEFINITION OF TERMS
 DRUG - Any substance that enters the human body and can change either
the function or structure of the human organism
 MEDICINES - Drugs used in the diagnosis, cure, treatment, and prevention of
disease or for the relief of pain or discomfort.
 THERAPEUTICS - Use of drugs in treating and preventing disease and in
preserving health.
 DRUG ABUSE - Deliberate or unintentional continuous of mind changing
chemical substances usually for reasons other than legitimate medical
purposes, that results in any degree of physical, mental
 ABSTINENCE - Cessation of use of a psychoactive substance previously
abused, or on which the user developed drug dependence
 DRUG DEPENDENCE - Term relates to physical or psychological dependence
or both Impaired control over drug-taking behavior is implied
 DRUG ADDICT - Person who is physically dependent on one or more psycho-
active substances, or whose long-term use has produce tolerance, who has
lost control over his intake, and would manifest withdrawal symptoms if
discontinuance were to occur.
 DRUG ADDICTION - A chronic disorder characterized by the compulsive use
of a substance resulting in physical, psychological, or social harm to the user
and continued use despite of that harm.
 OVERDOSE - The inadvertent of deliberate consumption of much larger
doses that the habitually used by the individual in question and resulting in
serious toxic reaction or death.
 POLY DRUG ABUSE - Use of two or more psycho-active substance in
quantities and with frequencies that cause the individual significant
physiological, psychological, or sociological distress or impairment.
 REHABILITATION - Restoration of an optimum state of health by medical,
physical, psychological, social and peer group support for a chemically
dependent person and his significant others.
 TOLERANCE - Physiological adaptation to the effects of drugs so as to
diminish the effects with constant dosages or to maintain the intensity and
duration of effects through increased dosage
 TREATMENT - Application of planned procedure to identify and change
patterns of behavior that are mal-adoptive, destructive, health injuring or to
restore appropriate levels of physical, psychological or social functioning.
 CLANDESTINE LABORATORY - Any facility used for the illegal manufacture
of any dangerous drug.
 CULTIVATE OR CULTURE - Any act of knowingly planting, growing, raising,
or permitting the planting, growing or raising of any plant which is source of a
dangerous drug.
 ADMINISTER - Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means.
 CHEMICAL DIVERSION - Sale, distribution, supply or transport of
legitimately imported, in transit, manufactured or procured controlled
precursors and essential chemicals.
 DELIVER - Any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration.
 DEN, DIVE, RESORT - Place where any dangerous drug and essential
chemical is administered, delivered, stored for illegal purposes.
 DRUG SYNDICATE - Any organized group of two or more persons forming or
joining together with the intention of committing any offense prescribed in RA
9165.
 PRACTITIONER - Any person who is a licensed physician, dentist, chemist,
medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.
  ILLEGAL TRAFFICKING - Legal cultivation, culture, delivery, administration,
dispensation, manufacture, sale trading, transportation, distribution,
importation, exportation and possession of any dangerous drugs
 PLANTING OF EVIDENCE - Willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act any dangerous drugs in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of
RA 9165
 PUSHER - Any person who sells, trades, administers, dispense, delivers or
gives away to another, distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker.
 USE - Any act of injecting, intravenously or intramuscularly, of consuming
any dangerous drugs.
 CONFINEMENT - Refers to the residential treatment and rehabilitation of
trainees, clients and patients in a center
 CONFIRMATORY TEST - An analytical test using a device, tool or equipment
with different chemical or physical principle that is more specific which will
validate and confirm the result of the screening test.
 CONTROLLED DELIVERY - The investigative technique of allowing an
unlawful consignment of any dangerous drug, essential chemical to pass into,
throughout of the country under the supervision of an authorized officer, with
a view to gathering evidence to Identify any person involved in any
dangerous drug related offense.
 DISPENSE - Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription
 DRUG DEPENDENT - Refers to a person suffering from drug dependence.
 FINANCIER – Any person who pays for, raises or supplies money for, or
underwrites any of the legal activities prescribed under RA 9165
 INSTRUMENT – Anything that is used or intended to be used, in any manner,
in the commission of illegal drug trafficking or related offenses
 LABORATORY - Refers to the facility of a private or government agency that
is capable of testing a specimen to determine the presence of dangerous
drugs
 PROTECTOR/CODDLER - Any person who knowingly and willfully consents
to the unlawful acts provided in RA 9165 and uses his/her influence of
position in shielding, harboring, screening or facilitating the escape of any
person he/she knows or has posable grounds to believe on or suspects, has
violated the provisions of RA 9165 in order to prevent the arrest prosecution
and conviction of the violator.
 SCREENING TEST - A rapid test performed to establish
potential/presumptive positive result
 TRADING - Transactions involving the illegal trafficking of dangerous drugs
and/or controlled precursors and essential chemicals using electronic devices,
or acting as a broker in any such transactions whether for money or any
other consideration.

THE PHILIPPINE ANTI DRUG EFFORTS

 On February 16, 1972, Philippine Constabulary Anti-Narcotics Unit was
activated (CANU)
 On March 30, 1972, Republic Act 6425 otherwise known as the “Dangerous
Drug Act of 1972” was approved
 This law created the Dangerous Drug Board as the policy-making and
regulatory body on prevention and control of drug abuse RA 6425 serves as
the backbone of the Philippine drug enforcement system.
  January 3, 1973, President. Ferdinand E. Marcos ordered the immediate
execution of Chinese National Lim Seng alias Gan Sou So, top heroin
trafficker in the Philippines, by firing squad at the Fort Bonifacio grounds.
 The execution was aired live in television.
 CANU was renamed as AFP NARCOM on February 1, 1983
 AFP NARCOM functions were absorbed by PNP Narcotics Group in 1991

PDEA was created upon enactment of RA 9165 in 2002

 Signed June 7, 2002
 Published June 19, 2002
 Took effect July 4, 2002
 Creation of the new Dangerous Drugs Board (DOB) as the policy and strategy
formulating body.
 The Philippine Drug Enforcement Agency (PDEA) as its implementing arm
 In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director
General of PDEA
 On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director
General vice Anselmo Avenido
 In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as POEA Director
General vice Gen. Dionisio R. Santiago (Ret).

With the creation of PDEA

 The secretariat of the National Drug Law Enforcement and Prevention
Coordinating Center or DEP Center has been absorbed by the new agency
o Narcotics Group of the PNP;
o Narcotics Division of the NBI; and
o Narcotics Interdiction Unit of the Bureau of Customs have been
abolished

EXECUTIVE ORDER NO. 218

“Strengthening the support mechanism for the Philippine Drug
Enforcement Agency”
 Issued on June 18, 2003 by President Gloria Macapagal Arroyo
 Creation of Task Forces: The Office of the President, the PNP, and other
agencies which were performing drug the enforcement and prevention
function prior to the enactment of RA 9165 shall organize anti-drug forces to
support PDEA
 The PDEA shall exercise operational supervision and provide technical
support to the main task force created by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency
 Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on
any dangerous drug and/or controlled precursor and essential chemicals.
 Serves as the implementing arm of the dangerous drug board (DDB)
 Responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential
element as provided in RA 9165
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
 Headed by Director General with the rank of Undersecretary, appointed
by the President
  The head of the PDEA is assisted by 2 deputies, Director General, with the
rank of Assistant Secretary, 1 for Operations and 1 for Administration,
also appointed by the President.

POWERS AND DUTIES OF PDEA

 To cause the efficient and effective implementation of the national drug
control strategy formulated by the Dangerous Drugs Board;
 Undertake the enforcement of the provisions of Article II of RA 9165 relative
to the unlawful acts and penalties involving any dangerous drugs and/or
controlled precursor and essential chemicals;
 Undertake investigation, make arrest and apprehension of violators and
seizure and confiscation of dangerous drugs.
 Administer oath and issue subpoena and subpoena duces tecum relative
to the conduct of investigation involving the violations of RA 9165;
 Arrest and apprehend as well as search all violators and seize or confiscate
the effects or proceeds of the crimes as provided by law;
 Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of RA 9165
and in accordance with the pertinent provisions of the Anti-Money Laundering
Act of 2001;

DANGEROUS DRUGS BOARD (DDB)

 Created by virtue of Republic Act 6425 otherwise known as Dangerous
Drugs Act of 1972 subsequently repealed by RA 9165.
 The policy-making & strategy-formulating body in the planning & formulation
of policies & programs on drug prevention & control.
 It shall develop and adopt a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy.

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

THREE (3) PERMANENT MEMBERS

 At least 7 years of training and experience in the field of the ff: fields in law,
medicine, criminology, psychology or social work.
 Appointed by the president.
 One designated as the Chairman with the rank of Secretary (with the term of
6 years) and the two other regular members as undersecretary (one with 4
years term and the other 2 years but succeeding appointment will serve six
years and until their successors shall have been duly appointed and qualified.

TWELVE (12) EX-OFFICIO MEMBERS

 Secretary or representative of the following Department
 DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
 Chairman CHED, NYC
 Director General-PDEA
TWO (2) REGULAR MEMBERS
 President of Integrated Bar of the Philippines (IBP).
  Chairman or President of a non-government organization involved in
dangerous drug campaign to be appointed by the President
Note: The Director of NBI and Chief, PNP are the permanent consultant of
the DDB.

DRUG MULES or “DRUG COURIERS”

- Are individuals who transport dangerous drugs in exchange for a huge
amount of money, depending on the amounts of drugs to be delivered and
the route/distance to be traveled.
- Women are usually targeted by syndicates since they generally generate
mild suspicion from authorities and the female body has more cavities
possible to insert the drugs in, therefore posing less detection risk.

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

Factors contributing to the drug courier problem

1. Filipinos are usually entice by the offer because of the syndicates’ promise of
love/marriage, as have been recorded in several arrests involving Filipina drug
couriers. others are lured by the opportunity to travel and the promise of a
comfortable life while others want a high-paying job and easy money.
2. The drug courier problem can also be attributed to the (1) The prevalence of
poverty, (2) Poor educational background, (3) Easy money, (4) Unemployment and
(5) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010
by virtue of Administrative Order No. 279. It is an inter-agency team tasked in
the deterrence, prevention and protection of Filipinos from being victimized as drug
couriers by international drug trafficking syndicates.
The Task Force is composed of 13 agencies, chaired by the Philippine Drug
Enforcement Agency and co-chaired by the Department of Foreign Affairs with the
following agencies as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine
Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary
MODUS OPERANDI (MO)
 Couriers are usually recruited by casual acquaintances they meet in key
cities here or abroad, mostly fellow Filipinos connected to drug syndicates
like the African Drug Syndicate (ADS), offering plane tickets, hotel
accommodation and huge amounts of money.
 In some instances, members of syndicates befriend/marry potential recruit
then later turn him/her into a courier or cohort. On the other hand, unwitting
victims were duped by acquaintances into carrying packages in exchange
for money, not knowing that drugs were placed inside.
 Couriers may also be recruited through the internet and social networking
sites like Facebook, MySpace, Tagged, etc. Syndicates also engage in travel
& tours businesses agencies to arrange airline and hotel bookings of the
couriers and use fraudulent documents/fake credit cards.
 The ADS is believed to be behind the alarming Increase of Filipino drug
couriers arrested abroad. They deliver drugs to their connections in different
points around the world by employing drug couriers to prevent the risk of
getting caught themselves. They also use Filipinos as cohorts to recruit
fellow OFWS. The ADS is an international syndicate involved in drug
trafficking and cybercrimes.

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

THE FOUR PILLARS OF ANTI-DRUG CAMPAIGN
1. Drug Supply Reduction Drive
 Reduce the supply of drugs
 Drive the prices high and create acute shortage of drugs
 Neutralize sources of drugs
2. Drug Demand Reduction Drive
 Reduce the demand side of the drug chain
 Concentrates on anti-drug advocacy efforts – public information and
treatment and rehabilitation
 Targets non-users, casual drug users and addicts/recovering persons
3. Alternative Development/Reform Programs
 Development/livelihood program
 Education program
 Family solidarity/development program
 Good governance program
 Legal reforms
4. International Cooperation
 Neutralize transnational drug syndicates
 Minimize drug trafficking to and from the country
 Exchange of information and technologies
 Multilateral, regional, sub-regional and bilateral assistance and cooperation

COMPARISON OF RA 6425 AND RA 9165

RA 6425 of 1972 RA 9165 of 2002

1. Dangerous drugs are categorized as All drugs are categorized as Dangerous
regulated and prohibited. Drugs
2. Accused can avail of Parole, Pardon These privileges are curtailed
and Probation.
 3. Planting of evidence as a violation Applies to any person
applies only to Law Enforcers.
4. Penalties are lower. Penalties have increased
5. Quantity and quality of drugs are It does not consider quality as basis for
considered in the imposition of the imposition of penalty
penalties
6. Procedures after arrest and Procedure after arrest and confiscation
confiscation of drugs do not involve of drugs has become complicated it
other personalities. requires the presence of other
personalities
7. Destruction of drugs is done in bulk Destruction procedures on dangerous
drugs happens immediately except
retained samples.

CUSTODY AND DISPOSITION OF CONFISCATED, SEIZED, AND/OR DRUGS

(SEC. 21) (RA 10640)
A. The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy
thereof
B. 24 hours-upon confiscation or seizure, quantitative or qualitative examination
C. 24 hours-Certification of Examination results if the volume can’t be completed
within the time frame extended for another 24 hours.
D. 72 hours after filling of criminal case, court shall conduct ocular inspection.
E. 24 hours- order of destruction

PLEA-BARGAINING PROVISION (SEC. 23)

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

Is plea bargaining allowed in drug cases?

Yes, in the landmark case of Salvador Estipona vs. Judge Lobrigo (En Banc),
G.R. No. 226679, August 15, 2017, the Supreme Court declared Sec: 23 of RA 9165
prohibiting plea bargaining in drug cases to be unconstitutional.

“A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in

Drugs Cases).
On August 15, 2017, an En Banc Decision in G.R. No. 226679 - Salvador
Estipona, Jr, vs. Hon, Frank E. Lobrigo was rendered whereby Section 23 of
Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, was
declared unconstitutional for being contrary to the rule-making authority of the
Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution.

PLANTING OF EVIDENCE (SEC. 29) ANY PERSON who is found guilty of “planting”
any dangerous drug and/or controlled precursor and essential chemical, regardless
of quantity and purity, shall suffer the penalty of DEATH. (Life Imprisonment)
AUTHORIZED DRUG TESTING
Authorized drug testing shall be done by any government forensic laboratory or by
any of the drug testing accredited and monitored by the DOH to safeguard the
quality of test results.
 The drug testing shall employ, among others, two (2) testing methods.
 Drug test certificates issued by accredited drug testing centers shall be valid
for a one-year period from the date of issue which may be used for other
purposes.

MANDATORY DRUG TESTING

A. Applicants for driver’s license (Removed by RA 10586 “Anti-Drunk and Driving
Act of 2013”)
B. Applicants for Firearms license & PTCFOR
C. members of the PNP, AFP, & other LEA
D. All persons charged with criminal offense with penalty of not less than 6 years.
E. Al candidates for public office national/ local

RANDOM DRUG TESTING

A. Students of secondary and tertiary schools
B. Officers and employees of public & private offices

LABORATORY EXAMINATION OF APPREHENDED OFFENDERS (SEC. 38)

If the apprehending or arresting officer has reasonable ground to believe that the
person apprehended or arrested, on account of physical signs or symptoms or other
visible or outward manifestation is under the influence of dangerous drugs.
A. 24 hours - subject to screening laboratory examination
B. 15 days – results of the screening laboratory examination or test shall be
challenged after receipt of the result through a confirmatory test.

JURISDICTION OVER DANGEROUS DRUG CASES

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

APPLICATION FOR PROBATION

NOTE: As a General Rule Violations of RA 9165 shall disqualify an offender to avail
of the benefits of PD 968, as amended EXCEPT:
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or Meetings.
Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 70. Probation or Community Service for a First-Time Minor Offender In lieu
of Imprisonment

PROCEDURE TO BE FOLLOWED IN VIOLATION OF RA 9165

  Regional Trial Court (RTC) - Holds the Jurisdiction of Violations of RA 9165
 30 days - Conduct of Preliminary Investigation
 48 hours - Filling of information of the MTC judge who conduct Pl I to the
proper prosecutor.
 24 hours - filling of information
 15 days - Termination of the reinvestigation when prosecutor disagree to the
MTC judge
 60 days - Trial period of the case
 15 days - Decision shall be rendered
 15 days - If no appeal was taken the decision shall become final.

DRUGS INVESTIGATION PROCESSES

A. Initial Investigation
 Gathered information by personnel and from other sources – processing
 Use of informants or special agent (counter surveillance)
 Casing
 Tests Buy
 Entrapment/Poseur buying/buy bust operation

NOT INSTIGATION PROCEDURES:

 Preparation of needs & coordination
 Coordination instructions between all members of the team
 Test buy using marked money
 Pre-arranged signal
 Search Warrant and how it is enforced
 Arrest
B. Investigation Proper - completion of needed documents for inquest to include
crime lab examination of the confiscated contraband
C. Filing of investigation records
D. Testimonies

REPUBLIC ACT 9165

Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002
UNLAWFUL ACTS AND PENALTIES UNDER RA 9165 ICIAL

Section 4. Importation of Dangerous Drugs

Penalty:
Life Imprisonment and fine of Five Hundred Thousand pesos (P500,000,00) to Ten
Million Pesos (P10,000,000.00).

Importation of any Controlled precursor and essential chemicals

Penalty:
Hundred ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One Hundred Thousand pesos (P 100,000.00) to Five Hundred
Thousand Pesos (P500,000.00)

Section 4 protector/coddler”
Penalty of any violator of the provisions under this Section.
Twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from one hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00)

Sections 5. Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs
Penalty
Life imprisonment and fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)

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

Penalty
Life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form.

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

12 years and 1 day to 20 years (100,000.00 to 500,000.00).
a. Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
b. Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same.

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

and Essential Chemicals
Penalty for Manufacture of Dangerous drugs - life imprisonment and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
Penalty for manufacture any controlled precursor and essential chemical -
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00)

Note: The presence of any controlled precursor and essential chemical or

laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug

Sec 11. Possession of Dangerous Drugs

Possession of Dangerous Drugs regardless of purity penalty provided life
imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) -10 grams or more of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or oil, and other
dangerous drugs,
 - 50 grams or more of shabu
- 500 grams or more of marijuana
Penalty - Life imprisonment and fine ranging from Php 400,000.00 to Php
500,000.00 the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty - Imprisonment of 20 years and 1 day to life imprisonment and fine ranging
from Php 400,000.00 to Php 500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams
Penalty - Imprisonment of 12 years and 1 day to 20 years and a fine ranging from
Php 300,000.00 to Php 400,000.00
- The quantity of dangerous drugs are less than 5 grams.
- The quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs Penalty

Penalty
A person apprehended or arrested, who is found to be positive for use of any
dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum
of six (6) months but not exceeds one (1) year rehabilitation in a government center
for the first offense.
If apprehended using any dangerous drug for the second time, he/she shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from Fifty Thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00): Provided, that this Section shall not be
applicable where the person tested also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which
case the provisions stated therein shall apply.

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

Penalty
Life imprisonment and fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from
P100,000.00 to P500,000.00 shall be imposed upon any person, who acts as a
“protector/coddler of any violator of the provisions of Sec. 16.
Section 18. Unnecessary Prescription of Dangerous Drugs. –
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon
the practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations
of practitioners, particularly those who are involved in the care of persons with
severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

The penalty of life imprisonment and a fine ranging from Five hundred thousand
pesos (P500,000,00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall make or issue a prescription or any
other writing purporting to be a prescription for any dangerous drug.

Section 21. Custody and Disposition of Confiscated, Seized, and/or

Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment
The PDEA shall take charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well
as instruments/paraphernalia and/or laboratory equipment so confiscated, stand
and/or surrendered, for proper disposition in the following manner:
The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused of the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy
thereof;
- Within twenty-four (24) hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory for
a qualitative and quantitative examination:
- A certification of the forensic laboratory examination results, which shall be
done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s That a final
certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours
After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seed and are the cored
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall
within twenty-four (24) hours thereafter proceed with the destruction or burning
of the same, in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative of counsel, a
representative from the media and the DOJ, civil society groups and any elected
public official.

Section 28 - Criminal Liability of Government Officials and Employees.

- The maximum Sacom penates of the unlawful acts provided in the Act shall
be mis are government officials and employees imposed, in addition to
absolute perpetual

Section 29. Criminal Liability for Planting of Evidence

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

Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by
himself herself through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, apply to the Board or for
 treatment and rehabilitation of the drug dependency. The Board shall bring
forth the matter to the Court which shall order that the applicant be
examined for drug dependency.
- If the examination by a DOH-accredited physician results in the issuance of a
certification that the applicant is a drug dependent, he/she shall be ordered
by the Court to undergo treatment and rehabilitation in a Center designated
by the Board for a period of not less than six (6) months.

Temporary Release from the Center; After-Care and Follow-Up Treatment

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

Dangerous Drug Test Requirements

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

The following shall undergo random drug testing:

1. Students of secondary and tertiary schools;
2. Officers and employees of public & private offices.

SUPREME COURT DECISIONS

 The Philippine Supreme Court upheld mandatory, random, suspicion-less drug
testing of workers and high school and college students, but struck down as
unconstitutional provisions of the Comprehensive Dangerous Drugs Act of
2002 that required drug tests for candidates for political office or those
charged with criminal offenses.
 The court noted that the law says the random drug testing of employees
“shall be undertaken under conditions calculated to protect as much as
possible the employee’s privacy and dignity,” and that employers are not
required to report positive test results to prosecutors. It also found that “the
intrusion into the employee’s privacy… is accompanied by proper safeguards,
particularly against embarrassing leakages of test results, and is relatively
minimal."
 In the case of students, the high court found that drug testing was not only
constitutional, but perhaps even necessary. It noted the presence of drugs in
the country “that threatens the well-being of the people, particularly the
youth and school children who usually end up as victims.
 Candidates for political office, however, may not be subjected to drug tests as
condition of candidacy, the court held. The drug law’s provisions requiring
testing of candidates unconstitutionally added to the constitution’s provisions
defining the qualification or eligibility of candidates
 The court was equally kind to people charged with criminal offenses, holding
that they cannot be drug tested because they might incriminate themselves
and because drug testing in their cases would not be random or suspicion-
 less. “To impose mandatory drug testing on the accused is a blatant attempt
to harness a medical test as a tool for criminal prosecution, contrary to the
objectives of RA 9165 (the drug testing law). Drug testing in this case would
violate a person’s right to privacy guaranteed under Section 2, Article III of
the Constitution. Worse still, the accused persons are veritably forced to
incriminate themselves.

Responsibility and liability of law enforcement agencies in testifying as

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

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

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

Non-applicability of the Probation Law for Drug Traffickers and Pushers. –

cannot avail of the privilege granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003

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

Pre-Operations
- Operating Units unit and its indicating details such identity, area of
operation, composition, tactics and equipment of the operating unit and
duration of the operation. Also includes the information on the suspect/s
- Certification of Coordination – prepared by PDEA given to the operating
unit which submitted a pre-operations report.

Exemption of submission of Pre-Operations Report:

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

Signatories to the Pre-Operation Report

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

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

Different Forms of Vices:

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

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

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

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

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

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

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

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

SOME PROBLEMS ARISING FROM ALCOHOLISM

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

DRUNKNESS AS A CRIME
- In the Philippines, drunkenness in itself is not a crime because a person may
drink to excess in the privacy of his home or in the party and commit no
crime at all.
- It is only when a drunken person exhibits his condition publicly, or disturbs,
endangers, or injured others, that he became an offender and therefore,
subject to arrest and punishment.
- Before and during elections, it is unlawful to sell or drink intoxicating liquor,
as provided in the election.
- Under RA 4136, as amended, driving under the influence of liquor is
prohibited.

FORMS OF CHEMICAL AND SCIENTIFIC TESTS OF INTOXICATION

 Analysis of blood for alcohol contents
 Analysis of urine for alcohol contents
 Analysis of saliva for alcohol contents
 Analysis of breath to determine concentration of alcohol
 Analysis of body tissue and spinal fluid

THE BLOOD-ALCOHOL TEST

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

Under Article 15 of the Revised Penal Code, Intoxication is considered as

an Alternative Circumstances.
- It is considered a mitigating circumstance when the offender has committed
a felony in a state of intoxication, if the same is not habitual.
- It is considered an aggravating circumstance, when the intoxication is
habitual or intentional.

PROSTITUTION
- act or practice of providing sexual services to another person in return for
payment
- is the exchange of money for the performance of sexual act.
PROSTITUTE
- Customarily used, to refer to a female person who engages in sex in exchange for
money as profession.

PHILANDERING
- Is having casual/illicit sex with a number of people. It usually refers to men, and
often in the context of cheating on a wife or girlfriend.

TOPHILANDER
- Is to carry on romantic and/or sexual affairs outside a committed relationship

PHILANDER
- Is a serial cheater who betrays his spouse or long-term partner repeatedly,
- The term usually refers to men (obviously, women have also been known to carry
on affairs).

VAGRANTS AND PROSTITUTES (under RPC)

 Any person having no apparent means of subsistence, who has the physical
ability to work and who neglects to apply himself or herself to some lawful
calling.
 Any person found loitering about public or semi-public building or places, or
tramping or wandering about the country or to the streets without visible
means of support.
 Any idle or dissolute person who lodges in houses of ill-fame, ruffians or
pimps and those who habitually associate with prostitutes.

PROSTITUTES
- Women, who for money or profit, habitually indulge in sexual intercourse or
lascivious conduct.

Republic Act No. 10158

- Signed last March 27, 2012, amended Article 202 of the Revised Penal Code
removing vagrancy from the country's list of crimes amid concerns it only
targets the poor and the disadvantaged.
- Although the poor or homeless people can no longer be hauled to jail for
vagrancy, the new law continued to penalize women engaged in prostitution.
- RA 10158, defined prostitutes as "women who for money or profit, habitually
indulge in sexual intercourse or lascivious conduct.
- A person found guilty of prostitution is punished by imprisoned from one to
30 days or a fine not exceeding P200.
- In case of recidivism, they are punished by arresto mayor in its medium
period to prison correccional in its minimum period or a fine ranging from
P200 to P2,000, or both, depending on the court.
- With the enactment of the law, all pending vagrancy cases meantime shall
be dismissed and all persons serving sentence for violating the vagrancy law
shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

R.A. 7610, as amended, (Special Protection of children against child
abuse, exploitation and discrimination act)
- Penalizes those who engage in or promote or induce child prostitution, who
commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution and who derived profit on advantage therefrom, whether as a manager
or owner of the establishment
- penalty of reclusion temporal in its medium period to reclusion perpetua

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

ILLEGAL NUMBERS GAME

- Any form of illegal gambling activity which uses numbers or combination as factors
in giving out jackpots.

JUETENG
- Illegal numbers game that involve the combination of numbers as a form of local
lottery where bets are placed and accepted per combination.

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

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

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

COLLECTOR or AGENT (Cabo, Cobrador)

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

MAINTAINER, MANAGER OR OPERATOR

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

FINANCIER OR CAPITALIST
- Any person who finances the operations of any illegal numbers game.

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

RELATED LAWS ON GAMBLING

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

Article 195 of RPC. (Penalty)

- The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in
case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred
or six thousand pesos,
- The penalty of prision correccional in its maximum degree shall be imposed upon
the maintainer, conductor, or banker in a game of jueteng or any similar game.

Article 196 (RPC). Penalizing any person who shall import into the Philippine
Islands from any foreign place or port any lottery ticket or advertisement, or in
connivance with the importer, shall sell or distribute the same.
- The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion
of the court

Article 197 (RPC). Betting in sports Contest - Penalizing any person who shall
bet money or any object or article of value or representative of value upon the
result of any boxing or other sports contest.
- The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races

- Penalizing any person who, except during the periods allowed by law, shall bet on
horse races.
- The penalty of arresto mennor or a fine not exceeding 200 pesos, or both,

Article 199 (RPC). Illegal cockfighting -

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

RA 3063 - Approved June 17, 1961 authorizing licensed race tracks and racing
clubs and their authorized agent to offer, take or arrange bets outside the place,
enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not more than two thousand
pesos or by imprisonment for not less than one month or more than six months, or
both, in the discretion of the court. If the offender is a partnership, corporation or
association, the criminal liability shall devolve upon its president, director, or any
other official responsible for the violation.

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

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in

Sports Contents. Approved on June 13, 1974.

PD 1602 - Approved June 11, 1978. prescribing stiffer penalties on illegal gambling.
RA 9287 - Approved 2, 2004
- An Act increasing the penalties for illegal numbers games, amending certain
provisions of P.D. 1602, and for other purposes.
TECHNICAL ENGLISH 1-LEGAL FORMS

There are four types of operational reports:

1. Patrol Reports
2. Arrest Reports
3. Preliminary Investigation Reports and
4. Supplementary Progress Reports/ Follow-up Reports.

WHAT ARE THE LEGAL FORMS?

The legal forms a firm choose to operate under is an important decision with
implications for how a firm structure it resources and assets.
In criminal law, search means examination of person's body, property or
other area which the person would reasonably be expected to consider as private
by law enforcement officer for finding evidence of crime. Ordinary a search cannot
be conducted without probable cause as the Fourth amendment prohibits
unreasonable searches and seizures.

HOW DO YOU DEFINE A POLICE REPORT?

1. Police Report is any written prepared by the police involving their inter action
with the community.
2. Police Report is an exact narration of facts discovered during the course of crime
investigation which serves as a permanent written record for future reference.
3. Police Report is a permanent written record of police activities classified as
informal and formal which communicate important facts concerning people
involving in criminal activities.

WHAT ARE THE PURPOSES OF POLICE REPORT?

1. Written report to serve as the raw materials from which record are made.
2. Written report to reveal as part of the component of the record system, the direct
relationship between the efficient of the department and the quality of its report
and reporting procedures.
3. Written report to guide police administration for policy formulation and decision
making.
4. Written report to serve as a gauge/yardstick for efficiency evaluation of police
officers.
5. Written report to guide prosecution and courts in the trial of criminal cases
investigated by the police.

WHAT IS POLICE REPORT?

According to Dr. Oscar Soriano, report is basically a story of actions
performed by man. A police report is a chronological or step-by-step account of an
accident that transpired in a given time, at a given place. It is also defined as an
account of an investigation, of an official statement of facts. Police reports result
from the fact that someone has asked for them and needs them for immediate or
future use. In any event, police reporting has become one of the most significant
process in modern police operations.

WHAT ARE THE IMPORTANT USES OF REPORT WRITING?

1. Reports serve as record for police administration in planning, directing, and
organizing the unit's duties.
2. Reports can be used as legal documents in the prosecution of criminals.
3. Reports are utilized by other agencies
4. Reports can be useful to tri-media for public information purposes.
5. Reports can be utilized for search purposes
6. Reports improve the personality of the writer.

WHAT ARE THE CRITERIA TO BE CONSIDERED IN REPORT WRITING?

The Language
1. Clarity- The police report must be dear and it should be written directly and easy
to understand.
2. Accuracy- The police report must conform with the established rules of syntax,
format, spelling and grammar. The data presented must be precise and the
Information given must be factual.
3. Brevity- The police report must be short, with simple sentence, common words
and easy to understand.
4. Specifically- The police report must be specific by using concrete examples. A
good descriptive narration gives life to the written words through particular terms
that project hues, movements, quantities and shapes.
5. Completeness - The police report must be complete by using the 5W's and 1H.
6. Timeliness - The police report must be submitted on time. As much as possible
immediately after the incident has happened.
7. The police report must be considered classified, hence, transmission, handling
and access to these reports should be limited only to police personnel who are
granted by higher authority security clearance. It is a top-secret document.
8. Impartiality- The police report must know what the receiving office needs to
know. Important data must not be omitted or added to conceal responsibility, to
impute liabilities or to favor parties.

WHAT ARE THE TWO TYPES OF POLICE REPORT?

1. An informal report usually is letter on memorandum or any one of many
prescribed or used in day-by-day police operations. It customarily carries three
items besides the text proper, date submitted, subject and persons or person to
whom submitted. It may, however, contain many items of administrative
importance along with the subject matter of the text. Actually, most police reports
may be placed in this category.
2. A formal report suggest a full-dress treatment, including cover, title page, letter
of transmittal, summary sheet, text, appendixes, and perhaps an index and
bibliography.

WHAT ARE THE CLASSIFICATION OF POLICE REPORT?

a. Performance report which contains information as to the status of any activity,
activities, or operations.
b. Fact-finding report which involves the gathering and presentation of data in
logical order, without attempt to draw conclusions.
c. Technical report which presents data on a specialized subject.
d. Problem-determining report which attempts to find the cause underlying a
problem or to find whether or not a problem really exist
e. Problem solution report which analyzes the thought process that lies behind
the solution of particular problem.

HOW ARE POLICE REPORTS CATEGORIZED?

a. Operational Reports, include those relating to the report of police incidents
investigation, arrests, identification of persons, and a mass of miscellaneous report
necessary to the conduct of routine police operations.
b. International Business Reports relate to the reporting necessary to
management of the agency and include financial reports, personnel report,
purchase report, equipment report, property maintenance report and general
correspondence.
c. Technical Report presents data on any specialized subject, but usually relate to
complete staff work and add to the specific knowledge necessary to proper
functioning of police.
d. Summary Report furnish intelligence information necessary to the solution of
crime accident, and police administrative problems.

ANATOMY OF CRIME as explained by Commissioner Dir. Gen. Miguel Coronel.

WHAT ARE THE ELEMENTS FOR CRIME TO HAPPEN?

"For any crime to happen, there are three (3) elements or ingredients that
must be present at the same time and place. These are the MOTIVES, the
INSTRUMENTALITIES and the OPPORTUNITIES.
The Motives are the reasons or cause why a persons or groups of persons
perpetuate a crime. Example are dispute, economic gain, jealousy, revenge,
insanity, and thrill. Intoxication, drug addiction and many others
The Instrumentalities are the means or instrument used in the commission of
the crime. It could be firearm, a bolo, a fan knife, an icepick, poison or obnoxious
substance, a crow bar, a battery-operated hand drill for car napping, motor vehicle,
etc. Both the motives and instrumentalities belong to and are harbored and wielded
respectively by the criminal.
The opportunities consist of the facts of omission and/or commission by a
person (the victim) which enable another person or group of persons (the criminal/s)
to perpetrate the crime. Illustrative example includes leaving one's home or car
unattended for a long time, walking all alone in a well-known crime prone alley,
wearing expensive jewelries in slum area, readily admitting a stranger into one's
residence and the like. Opportunity is synonymous with carelessness, acts of
indiscretion and lack of crime prevention-consciousness on the part of the victim.
The motives give a reason for doing something, especially one that is hidden
or not obvious. "a motive for his murder"
Synonyms: reason, motivation, motivating force, rationale, grounds, cause,
basis, occasion, thinking, the whys and wherefores, object, purpose, intention,
design; more incentive, inducement, impulse, Incitement, influence, lure,
inspiration, stimulus, stimulation, spur, goad, provocation, pressure, persuasion,
consideration.
Whether the crime incident would happen or not, it will depend on the
presence and merging of MOTIVES, INSTRUMENTALITIES and OPPORTUNITIES at the
same time and the same place, the absence of any one ingredient, out of the three
will mean that there shall be no crime. The most that could happen is an accident
arising out of reckless imprudence; since there is no motive. A freak crime incident
shall occur when all the three elements are present and merged at the same and
the same place; but the victim is not the Intended one, due to mistaken identity."

WHAT IS POLICE VISIBILITY?

When we talk about police visibility, we should not limit ourselves to just
presence or being actually physically present. POLICE VISIBILITY is more than
that.

WHAT ARE THE (3) THREE THINGS THAT WE SHOULD CONSIDER IN POLICE
VISIBILITY?
1. Physical Presence,
2. The Patrolling Scheme; and
3. Response
YES, Physical Presence at the area or at the crime scene is very important. It is
the immediate feedback to the public that their police is on the job. Although we
may be actually present in the area but because oftentimes, we are not in proper
police uniform, the community fails to physically see our police presence in the
area. How many times have seen police personnel when respond in civilian clothes,
in T-shirts and shorts, even. Because of the non-wearing of uniform, the police is
seen by the community to look more like criminals than police. Surprisingly too, the
community when ask to pinpoint the nearest Police unit cannot sign easy to identify
and recognized.
Another aspect of police visibility is our Patrolling Scheme, Various patrol
components are joined together to complete the aspect of police visit to ensure a
widespread and redundant coverage. We optimize the deployment of various patrol
elements to have a truly effective crime deterrence.
Another area where the PNP is most often criticized, is the third aspect of police
visibility, that of response. The Police Response should be proper, adequate and
that it really satisfies the requirements, and most especially be timely compensate
for non-presence.

POLICE VISIBILITY
PHYSICAL PRESENCE
Visible as a police
Easy to locate units

PATROLLING SCHEME
Mobile
Integrated
Widespread, supportive and
Redundant coverage
RESPONSE
Proper
Adequate
Timely (ideal; 5 minutes)

WHAT ARE NOTEBOOK AND JOURNALS ENTRIES FOR?

The notebook is one of the basic equipment's which a number of policemen
now a days fail to appreciate and utilize. The notebook shall be playing a significant
role as all subsequent actions expected of the Police Community Precincts
Commander (and even personnel from higher headquarters) will depend on matters
recorded in the notebook which eventually will have to be reflected in the PBS
journal,
Journals exclusively for the PBS shall be maintained at each Police
Community Precincts. While recording matters in the journal shall be the individual's
responsibility of every Beat Policeman, taking action and reporting matters reflected
therein shall be the duty of the Police Community Precincts Commander.
Entries in both the notebook and the journal answer the basic questions of
WHAT, WHO, WHEN, WHERE, WHY and HOW often an incident or problem
encountered by a Beat Police particularly those to be discussed as you get along
with the problems you encountered.
GUIDELINES IN THE PREPARATION AND CLASSIFICATION OF
DEPARTMENTAL GENERAL ORDERS, SPECIAL ORDERS, CIRCULARS,
MEMORANDA
GENERAL ORDERS - orders and/or directives covering organizational set-up,
functional duties, constitution of committees, including departmental
commendations for officers, members and civilian employees, general orders are
prepared for signature of the Superintendent.
SPECIAL ORDERS - dealing on assignments, transfer, temporary duty or special
training, etc. of personnel, Special orders (SO) are prepared for signature of the
Deputy Superintendent under the correspondent line authority.
NUMBERED MEMORANDUM - is a department-wide directions or orders
prescribing guidelines, standing procedures, police, rules and regulations which are
intended for compliance implementation on permanent or continuing basis. These
orders are prepared for signature of the Deputy Superintendent under the usual line
authority.
MEMORANDA (unnumbered) - this is another form of dissemination of directives
or orders which are intended for compliance/ implementation on temporary basis or
lasting only for short period. Memoranda are also used for dissemination by quoting
therein letters of appreciation and other communication from other offices or
individuals, for Informative purposes. They are prepared either for signature of the
Superintendent or the Deputy Superintendent depending on the importance of the
matter. (This was prepared by A. Talata, Adm. Asst. O/As, IMB)

CRIMINAL INVESTIGATION - as defined by Basilio Cael in his book: A guide to

Criminal Investigation. It is the collection and analysis of facts/ truth about persons,
things, places, subject of a crime to identify the guilty party, locate the whereabouts
of the guilty party, and provide admissible evidence to establish the guilt of parties
involved in a crime.

In investigation work, the investigator's effectiveness rest on his adequate

knowledge, skills and the experience about investigative techniques, methods,
procedures, rules and police to include the 5w's and 1H. He must be able to find the
truth about a crime as he persistently endeavors to seek answers to the following;
 WHAT offense has been committed?
 WHERE was the offense committed?
 WHO committed the offense?
 WHEN was the offense committed?
 WHY was the offense committed?
 HOW was the offense committed?
It is therefore a must that investigator are to be educated, trained in such a way
that they make their specialty and they must be taken cared of to be assigned in
their job permanently because of the nature of their investigative work, knowledge
and skills, to transfer them to other assignment would jeopardize criminal
investigation especially those cases needing follow up and case undergoing
adjudication in courts.

WHAT ARE THE GOAL OF CRIMINAL INVESTIGATION?

The criminal investigation must not forget and her in mind the goals of why he is
investigating, namely:
a. To determine if crime has been committed;
b. to legally obtain information and evidence to identify persons responsible;
c. To arrest suspect;
d. To recover stolen property, and
e. to Complete presentation of case to appropriate authority
WHAT ARE THE TOOLS AN INVESTIGATOR IN GATHERING FACTS (3I's)?
1. Information- data gathered from other persons, the victim and from other
records such as public records, private records. Modus Operandi File.
2. Interrogation-skill questioning of witnesses and suspects.
3. Instrumentation scientific examination of real evidence, application of
instrument and methods of the physical sciences in detecting crime such as
microscope, dactyloscopy, ballistics, photography, polygraphy and others.

What are the methods of identifying the offenders?

The criminal Investigator makes use of the following:
1. Confession
2. Eyewitnesses
3. Circumstantial evidence
4. Associate evidence

What are standard methods of recording investigative data?

a. photographs;
b. Sketches of crime scene;
c. Notes about the crime;
d. Fingerprint found at the scene;
e. Physical evidence gathered
f. Plaster
g. Tapes of sounds of voices;
h. Video tape record of objects or sounds
i. Written statement of subject and witnesses, and
j. Computerized and programmed

WHAT AREA THE BASIC FUNCTION OF AN INVESTIGATOR?

The numerous functions among others performed by investigator include;
a. Providing emergency assistance;
b. securing the crime scene;
c. Photographing, videotaping and sketching:
d. Taking notes and writhing reports;
e. Searching for, obtaining and processing physical evidences;
f. Obtaining information from witnesses and suspect,
g. Conducting raids, surveillance, stakeout and undercover assignment, and
h. Testifying in court;
i. Investigation monitoring and search.

WHAT IS POLICE REPORT WRITING FORM?

Every agency has own forms and procedures for completing operational
reports. But there is a standard format on how to prepare a report that is simple yet
complete.
We have what do you call a basic or informational report that deals with the
ordinary miscellaneous, day to day memorandum, letter, or form accomplished by
any member of the unit, section, precinct/station of department in accordance with
the prescribed general orders, special order, circular, numbered memoranda.

WHAT ARE THE CONTENTS OF THE BASIC OR INFORMAL REPORT?

a. The heading of the letter head of the organization.
b. The date of preparation or submission
c. The person or office to whom it is addressed or submitted.
d. The name of the writer or source of the report.
HOW ARE THE LAW ENFORCEMENT REPORTS CLASSIFIED?
1. Administrative Reports
2. Operative reports
Administrative reports, deal with the routine functions of the department or
agency. Such reports may cover proper uniform, reporting procedures and
grievances. This book is primarily concerned with the second type report.
Operational reports, which deal with the activities of the law enforcement officers.

WHAT ARE THE BASIC FUNCTIONS OF THE PHILIPPINE NATIONAL POLICE?

1. CRIME PREVENTION
2 CRIME SOLUTION; and
3. TRAFFIC CONTROL
However, among these three (3) basic functions, the most basic is CRIME
PREVENTION. If we will be dealing with crime prevention or crime deterrence, we
are dealing with police visibility. This is basic role performed by the members of the
PNP. They are required to move around in their complete and proper uniform. To be
felt and seen by the public, so that in case of emergency, people will know that they
have someone to call for assistance and service and they will have a feeling of
security. While the criminals and would be criminals will have a feeling of fear to
commit a crime. In doing these, the members of the PNP are preventing the
commission of the crime by destroying the opportunity to commit a crime.

WHAT IS THE CONCEPT OF POLICE REPORT?

1. Generally, the common thinking about report is any written matter prepared by
the police involving their interaction with the community.
2. Another concept is that a police report is an exact narration of facts discovered
during the course of crime investigation which serves as a permanent written
records for future reference.
3. Likewise, it is a permanent written record of police activities classified as informal
and formal which communicate Important facts concerning people involved in
criminal activities.

WHAT ARE THE FOUR (4) TYPES OF OPERATIONAL REPORTS?

1. Patrol Service Reports
2. Arrest Reports
3. Preliminary Investigation Reports
4. Supplemental Progress Report/follow-up Reports

CRIMINAL INVESTIGATION REPORT WRITING

PURPOSE OF CRIMINAL INVESTIGATION REPORT
(As presented by Basilio G. Cael & Juan Agas in their book A Guide to Criminal
Investigation)
Criminal Investigation reports provide facts to competent authorities and
serve as a record of investigation activities. Criminal Investigation units are
essentially responsible for collecting facts and preparing written reports. Factual
information's are collected and reported on time to allow immediate appropriate
action.
WHAT ARE THE BASIC PURPOSE OF CRIMINAL INVESTIGATION REPORTS?
a. To preserve knowledge/information about a case
b. To provide accurate details about the case
c. To aid other investigation and other agencies concerned
d. to coordinate investigation activities within the organization.
e. To serve as reference by competent authorities.

WHAT ARE THE CARDINAL PRINCIPLES OF GOOD REPORT WRITING?

a. ACCURACY. The writer or investigator must conform to the truth.
b. COMPLETENESS. This requires the inclusion of all relevant pertinent and
material information.
c. BREVITY. Eliminate all irrelevant, unessential and unnecessary materials. It
includes the ability to make the report unified coherent and emphatic.
d. FAIRNESS. The Investigator should take the facts as he finds them and if ever
he has theories, it must be consistent with these facts.
e. FORM and STYLE. The arrangement of the materials presented should be in a
manner that will make the report easy to read. Form includes proper paragraphing,
proper understanding, proper capitulation and proper heading. The report must be
written in the third person, the investigator referring to himself as "The investigator"

WHAT ARE THE TYPES OF REPORTS TO BE PREPARED?

 INITIAL or PRELIMINARY REPORT. This is done as soon as complaint is
received. Reporting process begins when officer completes preliminary
investigation report referred to as case report.
 CASE REPORT. Refers to the initial detailed listing of the facts of the case.

THE PRELIMINARY REPORT CONTAIN THE FOLLOWING:

1. The offense
2. Current date/time
3. Date and time of offense if known
4. Identification date pertaining to victim or other reporting party
5. Location of offense
6. Method of operation
7. Identification data pertaining to suspect(s)
8. Identification of officer(s)

PROGRESS REPORT. Describe progress of the investigation from time to time and
ensures constant follow ups
Termination of investigation may be done due to:
1. Lack of leads, hence case is suspended
2. Waiting for further developments and gathering of evidences.
3. Closed - perpetrator(s) arrested and case filed in the proper court of Jurisdiction

FINAL INVESTIGATION REPORT is rendered when case is completed, that is a

complainant(s), witnesses, sufficiency of evidences and perpetrators are identified
so as to circumstances listed above. warrant filling of case and/or termination of
investigation due to circumstances listed above.

THE POLICE BLOTTER

Circular Number 5 Issued by the General headquarters, Philippine National
Police, dated December 10, 1992, is the rule "PRESCIBING UNIFORM POLICE
BLOTTER FOR THE PHILIPPINES NATIONAL POLICE". This rule shall be followed by
the different police offices and units throughout the country in making an entry of
events and incidents on the police blotter.

Reference
 a. RA 6975 establishing the Philippine National Police
Rules and Regulations Governing the Philippine National Police

Purpose
The purpose of the circular is to prescribe a uniform police blotter for the
Philippine National Police and to define the rules and procedures for making entries.

Definition
A Police Blotter is a record of daily events occurring within the territories and
jurisdiction of given police unit or command. It contains materials details concerning
the event for legal and statistical purposes.

Form and size

The Police Blotter shall be a record book with hard cover and shall be 12
inches by 16 inches in size.
The front cover of the blotter shall contain the name or designation of the
police force and particular police district or station, together with the designation of
the specific police unit or sub-station, the volume or book number the series
number and the period covered.

What are the contents of entry?

The entry in the police blotter should answer the following questions:
a. Who
b. What
c. Why
d. Where
e. When
f. How
g. Disposition of the case.

HOW ARE YOU GOING TO ANSWER THE 5W'S AND 1H?

In answering the 5W's and 1H and the case disposition all details about the event
including:
a. The name of the suspect;
b. The name/s of the victim;
c. The eyewitnesses:
d. The nature of the action or offense;
e. The possible motive;
f. The place,
g. The date and the time of occurrence
h. The significant circumstances that aggravate or mitigate the event or the crime
should be entered along with
i. The identity of the officer,
j. To whom the case was assigned
k. Officer-on-the case;
l. The status of the case;
m. The following are the incidents or transactions that are to be entered in the
police blotter:
1. Violation of laws and ordinance reported and recorded;
2. All calls in which any members of the PNP is dispatched or takes official
action;
3. All fire alarms, report and Information received by station;
 4. Movement of prisoners with corresponding notations on the authority for
such movements;
5. Cases of missing and found persons, animals and property,
6. Vehicular and other types of accidents which require police action:
7. All personal injuries, bodies found and suicides;
8. Damage to property;
9. All case in which a police member is involved;
10. All arrests and returns made; and
11. Miscellaneous case, general and special orders, violation pf rules and
regulation,
12. Any other reportable incident that the substation, station commander, or
higher authority desires to be recorded.
Note: Students will be requested by the professor in charge of the class to have a
Xerox copy of the police blotter for them to see the actual police blotter.

PROCEDURES FOR MAKING ENTRIES IN POLICE BLOTTER

1. All entries in the police blotter shall be handwritten in a clear, concise and simple
manner but must answer as far as practicable, the 5W's and 1H.
2. Only facts are entered in the blotter.
3. No erasures shall be made on the entries. Corrections are made by drawing a
horizontal line over such words or Phrases and the actual entry initiated by the
police officer making the correction.
4. A ball pen or pen with blue, black or blue-black ink is used for making the entries.
5. Misrepresentations in the blotter or any attempt to suppress any information is
punishable criminally and administratively.
6. All entries must be legibly written in longhand and consecutively numbered.
7. Every page of the blotter shall be consecutively or chronologically filled in. No
line or space shall be left blank between any two entries.
8. Any development of the case to be reflected in the blotter should bee new entry
at the time and day it was reported. A reference to the previous entry number of
the case however should be made.
9. During every shift, the duty Sergeant, under the supervision of the Duty of Officer
or Compliant Desk officer, shall make the actual entries on the blotter and at the
end of their tour of the duty, both the Duty Sergeant and duty Complaint Desk
Officer Shall sign the Blotter.

WHOSE UNITS ARE REQUIRED TO MAINTAIN POLICE BLOTTERS?

1. Every Police Station or substation shall maintain a Police Blotter.
2. All PNP operating units or divisions in the Metropolitan Police District, in addition
to the station and sub-station shall likewise maintain a separate blotter.

WHO WILL BE RESPONSIBLE IN SUPPLYING THE POLICE BLOTTERS?

General Headquarters, Philippine National Police shall supply Police blotter to
each PNP unit, station or sub-station who shall reflect the same om their property
books as accountable items The PNP unit commanders shall be responsible for the
proper maintenance, use, safekeeping and accounting of the police blotters.
Pending procurement and issuance of police blotters by GHQ PNP, police
forces shall continue to use the present blotter, provided, the forms and rules shall
be followed.
 TECHNICAL ENGLISH 2- INVESTIGATIVE REPORT WRITING
INTRODUCTION

TECHNICAL WRITING
- The word Technical comes from the Greek word "techne" that means "skill",
Technical writing is a form of technical skills and is used in fields like the military,
police, computer industry, robotics, finance, consumer electronics, biotechnology
and many other fields.
- Technical or Report Writing as a means of communication is readily, cheaply,
and effectively available to all of us if we know how to do it.

Basic Principles of Good Technical Writing

1. The writer of a report must have a specific reader or group of readers in mind;
2. He must decide what the specific purpose of his report is and make sure that
every part of his report contributes to that purpose;
3. He must use specific, single, concrete word and familiar language that will not be
misinterpreted;
4. He must make his report very presentable in format. The layout must conform
with the standard forms of writing.

Two Important Factors of Technical Writing

 SUBJECT MATTER it refers to the objective information that the writer wants
to convey.
 PURPOSE - it refers to the goals that the writer wants to achieve for himself
and his readers after presenting his written output.

Relevant Definition of Terms:

1. Communication is defined as the use of language, spoken or written to
exchange ideas or transfer information. The transfer of information or ideas from
one person to another includes the transmission and receipt of a message to effect
some type of action or change.
2. Report Writing - is a communication that lends itself to a useful tool for people
in a free society to express their thoughts and ideas and to obtain what they need
or want.
3. Report a detailed account of an event, situation, etc., usually based on
observation or inquiry.
4. Reporting is knowingly passing along information to someone else.
5. Fact is anything which either through careful observation or investigation, has
been proven to exist as to have happened.
6. Note Taking is defined as a brief notation concerning specific events that are
recorded while fresh in your mind and used to prepare a report.

Report Writing Process:

1. Interviewing
- This is the first step in the process. Your interview of the victims, witnesses,
and suspects are the backbone of your preliminary investigation.
 - Frequently, the first officer at the scene of the crime has the best
opportunity to solve the crime by conducting a thorough preliminary investigation.
2. Note Taking
- Notes are the basis for your report. You take notes to assist your memory
with specific details, such as names, date of birth, serial numbers, addresses and
phone numbers.
- After you have obtained all possible Information, arrange and organize in
logical order the names that are related by time, place, person, cause and effect.
3. Organizing and Planning
- If your report is property organized and planned, it will be clear, easy to
read, understandable and concise.
- Organizing and planning your narrative are closely related to chronological
order.
- Understand the assignment know what you wanted and why you are
preparing the report. Start to assemble as soon as you are certain of the subject
matter and the purpose of the report.
4. Writing the Narrative
- The task is not only to express your ideas, but to make an impression upon
the mind of the reader as well. In other words, you must write for the benefit of the
reader. Place yourself in his position and try to visualize his problem, his knowledge
of the subject and his dependence upon the report.
5. Proofreading
- Most officers are just thankful to have finished the report and don't take
additional moments or to review their works. Think about who else is going to read
the report.

The last things to ask yourself when proofreading are as follows:

a. Is this report the best I can do?
b. Would I want to read it to the Chief of Police?
c. Is there anything else I can do to make it better?

POLICE REPORT WRITING

- Police Report Writing is considered technical writing, and as such, you will
need to develop special suits and techniques.
- Police Report Writing is the backbone of criminal investigation and
prosecution.
- Quite literally, the success of police operations depends upon the quality of
your reports and your ability to write effectively.
- We rely on written reports to relay information to our superiors, co-workers,
the courts and numerous other agencies.
- We use them to train personnel and to get people to follow procedures and
policies.

Purpose of written reports:

1. To preserve knowledge.
2. To provide accurate details.
3. To aid the personnel and other agencies.
4. To coordinate the activities within the organization.

Qualities of a good report:

1. Accurate
- This means in exact conformity to fact (errorless). A fact is something that
has been objectively verified. You must report the facts correctly and without error.
2. Clear
- The language and format in your report must be simple and to the point.
Clear means plain or evident to the mind of the reader. You should use simple
words so the reader will know exactly what you want him to know. Avoid using
words that can have double meanings, slang, jargon and unnecessary
abbreviations;
3. Complete
- Your report must answer the Who, What, When, Where, Why and How
questions
4. Concise
- This means your report says as much as possible, in as few words as
possible, Conciseness relates to the elimination of unnecessary words and does not
mean short. Most sentences in police reports are 12 to 15 words long.
5. Factual
- Your report must be factual. A fact is something that has been objectively
verified and is presented objectively. You must report the facts correctly and
without error. Avoid reporting opinion, inference (drawing a conclusion), supposition
(assumption of truth), or hearsay as though they were facts.
6. Objective
- You must remember there are always two sides to every story and both
sides have the right to be told. You must not be influenced by emotion, personal
prejudice or opinion. You collect and report the facts in an objective and
professional manner.
7. Prompt
- While you may not relish in report writing, it is the most important task you
will be routinely assigned. Your reports must be completed in a timely manner. Your
reports must be completed as soon as possible. Your credibility may be open to
speculation if this rule is not followed,

Technical Documentation
- Technical communication is useful if the readers can understand and act on
them without having to decode wordy and ambiguous words. Technical
communication services comprise all activities, means and systems that
provide information to its specialized fields.

BASIC GRAMMAR AND MECHANICS

Basic Elements of Grammar
The words in the English language can be designated to one of the eight
categories, known as the Part of Speech
1. Nouns;
2. Pronouns;
3. Verbs;
4. Adjectives;
5. Adverbs;
6. Prepositions;
7. Conjunctions, and
8. Interjections

1. Nouns
- are the labels or names given to the people, places and things about which
human beings communicate with.
a. Abstract Noun -name something that is non- physical that one cannot
readily perceive through any of the senses. (ex. Nationalism, terrorism,
delinquency, morality)
b. Concrete Noun - name something that one can physically see, touch,
taste, hear or smell. (ex. Criminal, police officer, jail, patrol car etc.)
 c. Compound Noun - composed of two or more words acting as a single
unit. (ex. Fingerprint, shotgun, police officer, officer-in-charge)
d. Common Noun - anyone of a class of people, places or things. (ex.
Victim, cop, explosives, station, districts)
e. Proper Noun name a specific person, place, or things (ex. Criminologist,
Diona Macasaquit, College of Criminology, Tarlac City, Police Station)
f. Collective Noun - name a group of people or things, its meaning maybe
either singular or plural depending on how it is used in the sentence. (ex, council,
delegation, jury, team committee, troop)
2. Pronouns
- words that help writers avoid awkward repetition of nouns. They are used in
replacement of nouns. (ex. he, she, me, etc.)
Example:
 Leo is taking up BS Criminology at Central Colleges, Inc.; he will graduate
next year.
 The crime scene was secured. The police officer cordoned it
3. Verbs
- words or group words that express time while showing an action, a
condition or the fact that something exists. Every complete sentence contains at
least one verb. (ex. shoot, stab, run, walk, etc.)
Example:
 Leo punched his classmates because he was being teased by them.
4. Adjectives
- words that qualify the meaning of a noun or pronoun by giving description
about its appearance, location and other characteristics. (ex. fast, beautiful, shiny,
etc.)
Example:
 He is using a sharp bolo to cut their trees
5. Adverbs
- are also modifiers, as they describe words and make them more specific in
a sentence, (usually those words that end with -ly.)
Example:
 He truthfully answered the police officer's questions.
6. Prepositions
- are part of speech that express the relationship between words and phrases
of the sentence, (ex. near, above, beside, across, etc.)
Example:
 Leo was taken at the police station.
7. Conjunction
- are words used to join or connect other words in a sentence.
Example:
 Leo was teary and afraid when he was arrested.
8. Interjections
- are words that have no grammatical connection to other words in a
sentence; they are just statements that express feelings or emotions. (ex. wow,
well, uh, oh, hey, etc.)
Example:
 Ouch! That one hurt.

Sentence
A sentence is a group of words expressing a complete thought or idea. A complete
sentence is made up of a subject and predicate.
Subject
- the topic of the sentence
- tells who is spoken of
- it is a noun or problem
Predicate
- talks about the subject
- talks about what the subject is doing
- It is a verb.

Simple Sentence
- a group of words that can stand alone and give a complete thought.
Compound Sentence
- this is a sentence consisting of two or more independent clauses or simple
sentences joined by a semicolon or a coordinating conjunction.
Compound-Complex Sentence
- contains two or more independent clauses and one or more dependent clauses.

Four Kinds of Sentence:

1. Declarative Sentence - a sentence that states an idea and ends with a period.
Example:
 Anthony is a second year Criminology student.
2. Interrogative Sentence a sentence that asks a question and ends with a
question mark.
Example:
 What is your name?
3. Imperative sentence - a sentence that gives an order or direction and ends
with a period or exclamation mark
Example:
 Please call the police right away!
 Watch out for stray bullets!
4. Exclamatory Sentence - a sentence that conveys emotions and ends with an
exclamation mark.
Example:
 Stop! You are under arrest.
 Help, call the ambulance please!
 Hey! Look at those floating dead bodies

Paragraph
- is a brief composition having only one main thought or idea. It is a group of
related sentences developing into one topic, or with a specific part of longer
composition or a larger topic. It is composed of a topic sentence and supporting
details. A topic sentence contains the main idea or thought of the composition. On
the other hand, the supporting details substantiate or help develop the main idea
expressed in the topic sentence.
Paragraph unity
- a paragraph unity is considered to be unified when all of its supporting
details relate to the main topic

Transitional Markers
- are considered as aid to the readers comprehending the relationship of
thoughts are connected smoothly in the paragraph. (ex: again, because, after, like,
finally, although, as a result, above all, for example, primarily).
REDUNDANCIES
One way to achieve effective police report writing is to eliminate the use of
repetitious expressions. We frequently encounter redundancies such as "free gifts"
and "foreign imports", among others. These expressions are not necessary and
need not to be included because it adds to nothing to what has already been stated.
In some instances, efficient use of key words and sentence structures can facilitate
dear connections in writing. Also, writers employ repetition to further emphasize
and clarify their main point.
The focus of police report writing is to remove needless repetition such as
redundant words that make writing longer, vaguer, not better. Below are examples
of common redundancies used in writing and correspondence. In a few specific
situations, some of the expressions may provide a purpose. Nonetheless, these
terms may cause miscommunication because of unnecessary words. We may delete
the phrase in parentheses to achieve clarity in writing.

HOMONYMS
Homonyms are words that sound alike, but have different meanings. They
generally include two categories of word types: homophones and homographs.
 Homographs are words that are spelled the same, but have different
meanings.
 Homophones are words that sound the same when you pronounce them,
but have different meanings.
POLICE LINGO AND JARGON
Police officers from all over the country tend to use simar words and phrases
 Slang is usually a nonstandard vocabulary developed by a group of people.
You may be familiar with street slang drug slang, and police slang. It is
inappropriate to use slang in your report, unless you are someone
 Jargon is usually the specialized language of a profession. Criminal
professionals, just like other professionals, use a great deal of jargon. You
should not use jargon in your reports

Commonly Used Police Definition of Terms

For a common understanding of the terms used, the following definitions are
taken from the PNP Police Operational Procedures (POP) and the PNP Directorate of
Investigation and Detective Management (DIDM) Criminal Investigation Manual
 ARBITRARY DETENTION - Arbitrary detention begins not merely from the
moment a person is locked up in a prison cell but from the moment such
person is deprived of his liberty without legal grounds. And it ends when such
a person is absolutely freed from any restraint on his person.
 ARREST is the taking of a person into custody in order that he may be bound
to answer for the commission of an offense.
 ARSON is defined as the intentional or malicious destruction of a property by
fire. It is also defined as the criminal burning of property.
 ASSAULT-the term "assault" in Sec.87 (b) (2), Judiciary Act, on the original
jurisdiction of Municipal Courts, means physical injuries. It does not refer to
the crime of direct assault in Art. 148 of the Revised Penal Code
 BEAT PATROL - the deployment of officers in a given community, area or
locality to prevent and deter criminal activity and to provide day-to-day
services to the community.
 BRIBERY-bribery and robbery have little in common as regards their
essential elements. In the former, the transaction is mutual and voluntary. In
the latter case, the transaction is neither mutual nor voluntary but a
consummated by the use of force or intimidation.
 BURDEN OF PROOF - is employed to signify the duty of proving the facts in
dispute on an issue raised between the parties in a cause. The burden of
proof always lies on the party who takes the affirmative in pleading. In
 criminal cases, as every man is presumed to be innocent until the contrary is
proved and burden of proof rests on the prosecutor, unless a different
provision is expressly made by statute.
 BUY BUST OPERATION - is an entrapment technique employed by a peace
officer as an effective way of apprehending a criminal in the act of the
commission of the offense
 CADAVER-a corpse or a dead person
 CHILD-shall refer to person below eighteen (18) years of age or one over said
age and who, upon evaluation of a qualified physician, psychologist or
psychiatrist, is found to be incapable of taking care of himself fully because of
a physical or mental disability or condition or of protecting himself from
abuse.
 CHILD ABUSE-refers to the infliction of physical or psychological injury,
cruelty to or neglect, sexual abuse or exploitation of a child.
 CHILD TRAFFICKING - the recruitment, transportation, transfer, harboring
or receipt of a child purpose of exploitation.
 CIRCUMSTANTIAL EVIDENCE - evidence of circumstances which are strong
enough to cast suspicion upon the defendant and which are sufficiently
strong to overcome the presumption of innocence, and to exclude every
hypothesis except that of the guilt of the defendant
 COMPLAINT- a concise statement of the ultimate facts constituting the
plaintiff's cause or causes of action.
 COMPLAINANT a party or person who makes a complaint or files a formal
charge in the court of law.
 COORDINATION REPORT a report which is used as a means of formal
coordination to be made by the Investigating agency with the police unit or
military unit having operational jurisdiction over the place where a police
case operation shall be conducted.
 CRIME SCENE - a venue or place where the alleged crime/incident/event has
been committed
 CRIMINAL INVESTIGATION it is the collection of facts in order to
accomplish the three (3) fold-aims 1) to identify the guilty party; 2) to locate
the guilty party, and 3) to provide evidence of his (suspect) guilt
 CRIMINAL INVESTIGATOR a public safety officer who is tasked to conduct
the investigation of all criminal cases as provided for and embodied under
the Revised Penal Code/ Criminal Laws and Special Laws which are criminal in
nature. A well-trained, disciplined and experienced professional in the field of
criminal Investigation duties and responsibilities.
 CRIMINAL JURISDICTION- the authority to hear and try a particular offense
and impose the punishment for it
 CRIMINAL LAW one that defines crime, treats their nature and provides for
their punishment. Punishment, in this sense, refers strictly to the penalty
imposed. •
 CRIMINAL LIABILITY requisites, under Art. 4 par. 1 RPC, a person may be
held criminally liable even if the injurious result be greater than the intended,
provided these requisites concur: 1) an intentional felony has been
committed, and 2) the wrong done to the victim be the direct, natural, and
logical consequence of the felony committed.
 CRIMINAL NEGLIGENCE it consists in the failure to take such precautions or
advance measures in the performance of an act as the most common
prudence would suggest, whereby injury is caused to persons or to property.
 CUSTODIAL INVESTIGATION -investigation conducted by law enforcement
officers after a person has been arrested or deprived of his freedom of action.
It includes invitation to a person who is being investigated in connection with
the offense
 DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES any legally named person who having caught his spouse
in the act of committing sexual intercourse with another, shall kill any of
them or both of them in the act or immediately thereafter, or shall inflict
upon them serious injuries, shall suffer the penalty of destierro.
 DETAINEE/DETENTION PRISONER refers to a person arrested due to the
commission of a crime/offence by the arresting unit for custodial
investigation. It likewise includes persons arrested for crimes which are
heinous in nature, against national security and high-profile crimes
 DETENTION - a restraint of personal liberty or deprivation of freedom of
action in any significant manner.
 DETENTION/CUSTODIAL CENTER an institution secured by the PNP Units
concerned for the purpose of providing short term custody of a detention
prisoner thereby affording his safety and preventing escape while awaiting
the court's disposition of the case or transfer to appropriate penal institution.
 DETENTION OFFICER-a Police Commissioned officer (PCO) or Police Non-
Commissioned Officer (PNCO) directly responsible for the administration and
management of the detention facility and the detainees housed therein
 DRAGNET OPERATION-is a police operation purposely to seal off the
probable exit points of fleeing suspects from the crime scene to prevent their
escape.
 DUE PROCESS OF LAW- the requirement that no person shall be held to
answer for a criminal offense without due process of case simply requires
that the procedures fully protect the life, liberty, and property of the citizens
in the state.
 DYING DECLARATION-requisites. In order that a dying declaration may be
admissible, the following requisites must concur; (1) It must concern the
crime involved in and the circumstances surrounding the declarant's death,
2) at the time of the declaration, the declarant must be conscious of
impending death; 3) the declarant must be competent as a witness, and (4)
the declaration must be offered in a criminal case for homicide, murder, or
parricide in which the declarant was the victim.
 E-BLOTTER (Electronic Blotter) - is a computerized system that is now
being accepted by the courts, prosecutors, office and the public in general.
Coordination with the Supreme Court administrator disclosed that they are
amenable to the idea of using e- for the PNP. This is also known as Crime
Incident Recording System (CIRS)
 ELECTRONIC DATA MESSAGE - refers to information generated, sent,
received or stored by electronic, optical or similar means, but not limited to,
electronic data interchange (EDI), electronic mail, telegram, telex, or
telecopy. Throughout these rules, the term "electronic data message” shall
be equivalent to and be used interchangeably with "electronic document”.
 ELECTRONIC DATA – refers to information or the representation of
information, data, figures, symbols, or other modes of written expression,
described or however represented by which a right is established or an
obligation extinguished, or by which a fact be proved and affirmed which is
received, recorded, transmitted, stored, processed, retrieved or produced
electronically. Throughout these rules, the term "electronic document” shall
be equivalent to and be used interchangeably with “electronic data
message”.
 ELECTRONIC SIGNATURE refers to any distinctive mark, characteristic
and/or sound in electronic form, representing the identity of a person and
attach to or logically associated with the electronic data message or
electronic document or any methodology or procedures employed or adopted
by a person and executed or adopted by any person with the intention of
authenticating or approving an electronic data message or electronic
document.
 EMINENT DOMAIN -the right of a government to take and appropriate
private property to public use, whenever public exigency requires it: which
can be done only on condition of providing a reasonable compensation
therefore.
 ENTRAPMENT - while instigation exempts, entrapment does not; the
difference between the two being that in entrapment, the crime had already
been committed while in instigation, the crime was not yet and would not
have been committed were it not for the instigation by the peace officer.
 EVIDENCE-the means sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. These include but
are not limited to documentary, testimonial, electronic and object evidence,
gathered in the course of the investigation.
 EVIDENT PREMEDITATION - involves, in its legal sense, not only a
determination to commit the crime prior the moment of its execution, but
that resolve to carry out the criminal intent must have been there
deliberation, calculation or reflection through a period of time sufficient to
dispassionately consider and accept the final consequences thereof, thus
indicating a greater perversity.
 EXPLOITATION-shall include, at the minimum, child prostitution, child
pornography and other forms of sexual exploitation, child labor, force labor or
services, slavery or practices similar to slavery, servitude, removal and sale
of organs, use in illicit/illegal activities, and participation in armed conflict.
The hiring, employment, persuasion, inducement, or coercion of a child to
perform in obscene exhibitions and indecent shows, whether live or in video
or film or to pose or act as a model in obscene publications or pornographic
materials, or to sell or distribute said materials
 EXPLOSIVES - any chemical compound mixture or device, the primary or
common purpose of which is to function by explosion. The term includes, but
is not limited to, high explosives, black powder, pellet, powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and
igniter.
 EXPLOSIVE INCIDENTS - any explosives-involved situation that
encompasses bombings, incendiary bombings, attempted bombings, stolen
and recovered explosives, threats to government facilities involving
explosives, hoax devices and bomb threats.
 EXPLOSIVE ORDNANCE DISPOSAL (EOD) PERSONNEL - refers to
personnel of the Armed Forces of the Philippines (AFP), Philippine National
Police (PNP), Philippine Coast Guard (PCG), and the National Bureau of
Investigation (NBI).
 FIRST RESPONDERS are members of the police, military, fire, medical
teams, and other volunteer organizations who are expected to be the first to
respond to calls for assistance in cases of incidents involving explosives and
other man made and natural calamities.
 HASTY CHECKPOINTS is an immediate response to block the escape of
lawless elements from a crime scene, and is also established when nearby
checkpoints are ignored or during hot pursuit operations. It is set up by police
personnel conducting mobile patrol on board a marked police vehicle, or
those conducting ISO and foot patrol operations within the vicinity/periphery
of the national or provincial highways.
 HIGH RISK ARREST is the actual restraint of armed persons following a
high-risk stop.
 HIGH RISK STOP - is the actual stopping or accosting of an armed and
dangerous person or persons, aboard vehicle or on foot, including the power
to use all necessary and legal means to accomplish such an end.
 HOT PURSUIT (CROSS JURISDICTIONAL PURSUIT) - (also termed in the
US as fresh pursuit) shall mean an immediate, recent chase or follow up
without material interval for the purpose of taking into custody any person
wanted by virtue of a warrant or one suspected to have committed a recent
offense while fleeing from one police jurisdictional boundary to another that
will normally require prior official inter-unit coordination but which the
pursuing unit cannot at that moment comply due to the urgency of the
situation.
 PERSON OF INTEREST - refers to the person who is suspected to have
committed a crime. It is more commonly known as a "suspect".
 PERSON IN AUTHORITY - refers to all those persons who by direct provision
of law or by appointment of competent authority are charged with the
maintenance of public order and the protection and security of life and
property, as well as all persons who come to the aid of agents of authority; it
being public functionaries are entitled to be considered as agents of
 authority, it is understood, nevertheless that in order that the persons who
come to the aid of an agent of a person authority may be considered as
agents of authority; it is an essential condition that they lend such assistance,
by virtue of an order of request of such agent of authority.
 POLICE BLOTTER-a record or log where all types of operational and
undercover dispatches shall be recorded containing the five (5) W's (WHO,
WHAT WHERE, WHEN and WHY) and one "H" (HOW) of an information.
 POLICE CHECKPOINT a location where the search is conducted which is
duly authorized by the PNP to deter/prevent the commission of crimes,
enforce the law, and for other legitimate purpose.
 REASONABLE DOUBT is not a mere guess that the defendant may or may
not be guilty, it is such a doubt as reasonable man might entertain after a
review and consideration of the evidence
 RECLUSION PERPETUA- the penalty of life imprisonment. However, the
offender is eligible for pardon after serving the penalty for years.
 ROBBERY - the taking of personal property belonging to another with intent
to gain, by means of violence against or intimidation of any person, or using
force upon anything
 SCENE OF THE CRIME OPERATION (SOCO) - is a forensic procedure
performed by trained personnel of the PNP Crime Laboratory through
scientific methods of investigation for the purpose of preserving the crime
scene, gathering information, documentation, collection and examination of
all physical evidence
 SEARCH WARRANT is an order in writing issued in the name of the People
of the Philippines, signed by a Judge and directed to a peace officer,
commanding him to search for personal property described therein and bring
it before the court.
 SPOT CHECK/ ACCOSTING - is the brief stopping of an individual whether
on foot or in a vehicle, based on reasonable suspicion/ probable cause, for
the purpose of determining the individual's identity and resolving the officer's
suspicion concerning criminal activity.

POLICE RECORDS
Record
- refers to the information whether in its original form or otherwise including
documents, signatures, seals, texts, images, sounds, speeches or data
compiled, recorded or stored, as
1. in written form on any material
2. the case may be on film, negative, tape or other medium-so as to be capable of
being reproduced; or
3. any means of recording device or process, computer or other electronic device or
process

TYPES OF POLICE RECORDS

I. Case Records
It is the heart of any police records system. It serves as the basis for an
analysis of offenses and the methods by which they are committed.
a. Complaint Sheet
- It is the foundation record of the police department. It reflects all
information regarding complaints and reports received by the police from citizens
and other agencies or actions taken by the police. (also known as the Police blotter
book)
b. Investigative Report
- contains the findings and actions taken by the investigating officer based on
the inquiries made and by obtaining the available facts of the incident.
1. Initial or Advance Report is an advance information on a new or fresh
case. It is written and submitted immediately after having conducted the initial
investigation of the case.
2. Progress or Follow-up Report - it is the result of the follow-up
investigation of a new or fresh case. It is written and submitted every time or
whenever any development or progress is accomplished in the follow-up
investigation.
3. Final or Closing Report - is a complete written narration of facts based
on an exhausted investigation of the case It is the result of evaluation, summation,
analysis of all facts and circumstances of the case. This is written and submitted
whenever the case is solved and closed. A case is solved and closed when the
offender was arrested; evidence against him was completely gathered to warrant
prosecution and witnesses located to testify in the trial.
4. Technical Report – a report on the laboratory examination of the
physical evidence gathered in order to supplement the findings of the investigator.
5. Accident Report - an investigation report regarding an accident which
includes vehicular accident and damage to property.
6. Wanted Persons Report - a report on persons who are wanted by the
police
7. Daily Record of Events record needed to keep all members of the police
force informed concerning police operations, assignments, and administrative
functions
II. Arrest and Booking Records - these records maintain the arrest and jail
booking report which is required for all persons arrested.
a. Arrest Report-it contains the information regarding the full name of the
offender, charges and circumstances of arrest.
b. Booking Report it contains the list of the prisoners in custody which indicates
the status and disposition thereof.
c. Prisoner's Property Receipt- contains all the information regarding the
property taken from the prisoner and accomplished in duplicate.
III. Identification Records third major division of police records. It provides
identification of criminals which includes names, physical characteristics and in
some cases photographs.
a. Fingerprint Record-heart of any identification system
1. Civilian Fingerprint
2. Alien Fingerprint
b. Criminal Specialty/Modus Operandi (MO) File - contains photographic record
of the modus operandi of criminals
IV. Administrative Records essential in administering personnel matters and
designed to aid in assignment, promotion, and disciplinary action of personnel.
1. Personnel Records
2. Correspondence File
3. Memoranda, Orders, Policy Files
4. Assignment Record
V. Miscellaneous Records these are records which are not related to the
recorded complaints and investigation reports but are essential to the daily police
activities.
POLICE BLOTTER
Complaint Sheet
- it is more commonly known as the Blotter Book, is the foundation record of
the police department. It reflects all information regarding by the police.
complaints and reports received by the police from citizens and other
agencies or actions taken by the police.
 Police Blotter Book (NAPOLCOM Resolution 2009-707)
 E-blotter (Crime Information, Reporting and Analysis System (CIRAS)
Each PNP operating unit shall maintain and utilize the PNP Crime
Incident Reporting and Analysis System (CIRAS) an electronic reporting
system that facilitates crime documentation, modernizes data storage and
provides quick and reliable transmission of crime information from lower
units and NOSU's of the PNP to the National Headquarters at Camp Crame,
Quezon City. This is also known as electronic blotter or more popularly known
as "E-blotter" (PNP Police Operational Procedures 2013)
 Maintenance of a Police Blotter
 Each PNP operating unit shall maintain an official police blotter where
all types of operational dispatches shall be recorded containing the five "W"
(who, what, when, where and why) and one “H” (how) of an information. A
Police Blotter is a logbook that contains the daily registry of all crime incident
reports, official summaries of arrest, and other significant events reported in
a police station (PNP Police Operational Procedures 2013)

Police Blotter for las involving Women and Children

- A separate Police Blotter, however, shall be maintained for crime incident
reports involving violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to
Republic Act (RA) 9262 (Anti-Violence Against Women and their Children Act
of 2004) and RA 9344 (Juvenile Justice and Welfare Act of 2006), respectively
(PNP Police Operational Procedures 2013)

Blotter Procedure
Before entry into the blotter book, the Duty Officer (DO) should first evaluate
if the report is a crime incident, arrest or event/activity, which is for records
purposes only. If the report is a crime incident, the DO shall first accomplish the
Incident Record Form (IRF) from which the entry in the blotter book and IRS shall be
extracted. All other reports shall be recorded directly to the blotter book (PNP SOP
No. 2012-001 “Incident Recording System”)
The following incidents or transactions, among others are entered in the
police blotter (Soriano, 2005)
1. Violations of laws and ordinances reported and recorded
2. All calls in which any member of the PNP is dispatched or takes official action;
3. All firearms, reports and information received by the stations;
4. Movements of prisoners with corresponding notations on the authority for such
movements,
5. Cases of missing and found persons, animals, and property;
6. Vehicular and other types of accidents which require police action;
7. All personal injuries, bodies found, and suicides;
8. Damage of property;
9. All cases in which police member is involved;
10. All arrests and returns made; and
11. Miscellaneous cases, general and special orders, violations of rules and
regulations, and other reportable accidents that the substation, station commander,
or higher authority desires to be recorded.

UNIT CRIME PERIODIC REPORT (UCPER)

Purpose
To promote consistency in the recording of crime incidence, the PNP adopts a
uniform procedure in reporting and collecting crime data including cases reported
to other law enforcement agencies that are part of the Criminal Justice System (PNP
Police Operational Procedures 2013).

Execution and Procedures

The Chief of Police is primarily responsible for the maintenance of accurate
crime data. Accuracy and integrity of crime recording processes must be ensured
by the Chief of Investigation Section and Crime Registrar
The Chief of Police shall likewise ensure that the crime data are gather from
all sources, such as Barangay, NBT, POEA, IFAR, DENR, DSWD, BOC, BI, and other
agencies with law enforcement functions in the locality Unit Commanders shall
appoint a Crime Registrar who shall be responsible in consolidating and maintaining
crime data files of each unit to ensure consistency and continuity (PNP Police
Operational Procedures 2013).
Recording
A. Incident Reports
All crime incidents whether reported by the victims, witnesses or third parties
must be recorded in the police blotter, even under the following circumstances.
1. When the offender is ill and is unlikely to recover or is too senile or too mentally
disturbed for proceedings to take place.
2. When the complainant an essential witness is dead and the proceedings cannot
be cannot be pursued
3. When the victim or an essential witness refuses, or is permanently unable to
stand as a witness, and
4. The victim or complainant or witness is a minor.
B. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was committed
shall have the primary record and report the same. If a continuing crime is
committed in various areas of responsibilities should be 2003ted and reported as a
single come by the unit taking cognizance of the crime (PNP Police Operational
Procedures 2013)

MEMORANDUM FORMAT
The PNP uses memorandum type as the common medium of communication
and correspondence within the organization. This type of communication is used in
inter-office communications dealing with official matters such requiring
performance of an action by an individual or group of individuals within a specific
police unit, region, province, strict, station, section, or office.
In writing and submitting police reports in the PNP, memorandum type is
required. It has the following basic parts such as:
a. letterhead;
b. addressee (sometimes with the use of attention line),
c. sender,
d. subject,
e. date,
f. the content, and
g. the signature.

 The letterhead is usually printed using the official stationery of the PNP
office or station concerned. In the absence of the printed stationery, an
encoded letterhead is enough including the official logo of the PNP (usually
positioned on the left side) and the logo of the office or station concerned
(usually placed at the right side. one wel ce of the printed stationery, an
encoded letterhead is enough including the official logo of the is usually
printed using
INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL
LAWS

What is Cybercrime?
Cybercrime is an activity done using computers and internet. We can say that
it is an unlawful act wherein the computer either as a tool or target or both.
Cybercrime is any crime that takes place online or primarily online. That can
run the gamut from the aforementioned identity theft and other security breaches
to things like "revenge porn," cyber-stalking, harassment, bullying and even child
sexual exploitation. Terrorists are collaborating more on the Internet, moving that
most terrifying of crimes into cyberspace.

Computer crime has two elements:

1. Computer
2. Crime

Therefore, it involves a crime in a relationship with a computer. The

relationship could involve the direct usage of a computer by the criminal as one of
the first famous computer criminals did.
However, the relationship can be also be indirect, the criminal can not only
use a computer to commit his crime but can also use someone to make changes in
a computer system, by manipulating a key computer user. Thus, one being the
exploitation of weaknesses in the technical IT infrastructure, the other being
exploitation of trust in social fabric of IT users within the organization

Cybersecurity and Cybercrime

"Cybersecurity is the collection of tools, policies, security concepts, security
safeguards, guidelines, risk management approaches, actions, training, best
practices, assurance and technologies that can be used to protect the cyber
environment and organization and user's assets. Organization and user's assets
include connected computing devices, personnel, infrastructure, applications,
services, telecommunication systems, and the totality of transmitted and/or stored
information in the cyber environment. Cybersecurity strives to ensure the
attainment and maintenance of the security properties of the organization and
user's assets against relevant security risks in the cyber environment. Cyber
Security involves protection of sensitive personal and business information through
prevention, detection and response to different online attacks. Cyber security
actually preventing the attacks,

Cyber Security-Privacy Policy:

Before submitting your name, e-mail, address, on a website look for the sites
privacy policy. Keep Software Up to Date: If the seller reduces patches for the
software operating system your device, install them as soon as possible Installing
them will prevent attackers form being able to take advantage. Use good password
which will be difficult for thieves to guess. Do not choose option that allows your
computer to remember your passwords.

DISABLE REMOTE CONNECTIVITY:

 Some PDA's and phones are equipped with wireless technologies, such as
Bluetooth, that can be used to connect to other devices or computers. You should
disable these features when they are not in use.

ADVANTAGES OF CYBER SECURITY

The cyber security will defend us from critical attacks.
1. It helps us to browse the site, website.
2. Internet Security process all the Incoming and outgoing data on your computer
3. It will defend us from hacks and virus.
4. Application of cyber security used in our PC needs update every week

SAFETY TIPS TO CYBER CRIME

1. Use antivirus Software
2. Insert Firewalls
3. Uninstall unnecessary software
4. Maintain backup
5. Check security settings
Cybercrime and cybersecurity are issues that can hardly be separated in an
interconnected environment. The fact that the 2010 UN General Assembly
resolution on cybersecurity addresses cybercrime as one major challenge
underlines this. Cybersecurity plays an important role in the ongoing development
of information technology, as well as Internet services. Enhancing cybersecurity and
protecting critical information Infrastructures are essential to each nation's security
and economic well-being. Making the Internet safer (and protecting Internet users)
has become integral to the development of new services as well as government
policy.

The Convention on Cyber Crime distinguishes between four different types

of offenses
1. Offenses against the confidentiality, integrity and availability of computer data
and systems such as illegal access, illegal interception, data interference, system
interference, and misuse of device.
2. Computer-related offenses, such as computer-related forgery and computer-
related Fraud
3. Content-related offenses, such as offenses related to child pornography, And
4. Copyright-related offenses, such as offenses related to copyright infringements
and related rights

Even though this typology of cybercrime is not wholly consistent, as the

fourth category does not focus on the object of legal protection but on the method,
which in turn brings about overlap between categories. Nonetheless, the categories
serve as a useful basis for discussing the phenomena of cybercrime globally.
The term "cybercrime" is used to cover a wide variety of criminal conduct. As
recognized crimes include a broad range of different offenses, it is difficult to
develop a typology or classification system for cybercrime.
One approach can be found in the Convention on Cybercrime, which
distinguishes between four different types of offenses:
1. offenses against the confidentiality, integrity and availability of computer
data and systems:
2. computer-related offenses;
3. content-related offenses;
4. copyright-related offenses.
This typology is not wholly consistent, as it is not based on a sole criterion to
differentiate between categories. Three categories focus on the object of legal
protection: "offenses against the confidentiality, integrity and availability of
computer data and systems; content-related offences; and copyright related
offenses. The fourth category of computer-related offenses" does not focus on the
object of legal protection, but on the method used to commit the crime. This
inconsistency leads to some overlap between categories.
In addition, some terms that are used to describe criminal acts (such as
"cyberterrorism" or "phishing") cover acts that fall within several categories.
Nonetheless, the four categories can serve as a useful basis for discussing the
phenomena of cybercrime.

Types of cybercrime Description

1. Financial Crimes Credit Card Frauds, Money Laundering
2. Cyber pornography Pornographic Websites; Online
distribution
3. Online Gambling Millions of websites, all hosted on
servers abroad, offer online gambling.
4. IP crimes Software Piracy; Copyright
Infringement, Trademarks Violation;
Theft of Computer Source Code.
5. Email spoofing A spoofed email is one that appears to
originate from one source but actually
has been sent from another source.
6. Cyber defamation This occurs when defamation takes
place with the help of computers and/or
the Internet e.g., someone publishes
defamatory matter about another on a
website.
7. Cyber stalking This involves following a person's
movements across the Internet by
posting messages (sometimes
threatening) on bulletin boards
frequented by the victim, entering chat-
rooms frequented by the victim,
constantly bombarding the victim with
emails etc.
8. Unauthorized access Also known as Hacking. Involves
gaining access illegally to a computer
system or network and in some cases
making unauthorized use of this access.
Hacking is also the act by which other
forms of cyber-crime (e.g., fraud,
terrorism) are committed.
9. Theft Theft of any information contained in
electronic form such as that stored in
computer hard disks, removal storage
media, etc. Can extend to identity theft.
10. Email Bombing This refers to sending a large number of
emails to the victim resulting in the
victim's email account (in case of an
individual) or mail servers (in case of a
company or an email service provider)
crashing.
11. Salami Attacks These attacks are often used in
committing financial crime and are
based on the idea that an alteration, so
insignificant, would go completely
unnoticed in a single case e.g., a bank
employee inserts a program, into the
bank's servers, that deducts a small
 amount of money (say 5 cents a month)
from the account of every customer.
This unauthorized debt is likely to go
unnoticed by an account holder.
12. Denial of Service (DNS) attack This involves flooding a computer
resource with more requests than it can
handle, causing the resource (e.g. a
web server) to crash thereby denying
authorized users the service offered by
the resource. Another variation to a
typical denial of service attack is known
as a Distributed Denial of Service
(DDoS) attack wherein the perpetrators
are many and are geographically
widespread. It is very difficult to control
such attacks and is often used in acts of
civil disobedience.
13. Virus/worm Viruses are programs that attach
themselves to a computer or a file and
then circulate themselves to other files
and to other computers on a network.
They usually affect the data on a
computer, either by altering or deleting
it. Worms, unlike viruses do not need
hosts to attach themselves and do this
repeatedly till the eat up all the
available space on a computer’s
memory.
14. Logic Bombs These are event dependent programs
where programs kick into action only
when a certain event (known as a
trigger event) occurs. Some viruses
may be termed logic bombs because
they lie dormant throughout the year
and become active only on a particular
date (e.g., Chernobyl virus)
15. Trojan attacks An unauthorized program which
functions from inside what seems to be
an authorized program, thereby
concealing of what is actually doing.
16. Web jacking This occurs when someone forcefully
takes control of a website (by cracking
the password and later changing it)
17. Cyber-Terrorism Hacking designed to cause terror. Like
conventional terrorism, ‘e-terrorism’
utilizes hacking to cause violence
against persons or property, or at least
cause enough harm to generate fear.

Classification of Computer Crimes

Computer crime encompasses a broad range of activities.
1. Financial fraud crimes - Financial fraud can be broadly defined as an
intentional act of deception involving financial transactions for purpose of personal
gain, Fraud is a crime, and is also a civil law violation.
2. Internet fraud - means trying to trick or scam someone else using the Internet.
This usually means that the person who is being tricked lases money to the people
scamming them. Internet fraud can take place on computer programs such as chat
rooms, e-mail, message boards, or Web sites.
3. Computer fraud - is any dishonest misrepresentation of fact intended to let
another to do or refrain from doing something which causes loss. In this context, the
fraud will result in obtaining a benefit by:
a. Altering in an unauthorized way. This requires little technical expertise and
is a common form of theft by employees altering the data before entry or entering
false data, or by entering unauthorized instructions or using unauthorized processes
b. Altering, destroying, suppressing, or stealing output, usually to conceal
unauthorized transactions. This is difficult to detect;
c. Altering or deleting stored data;
4. Other forms of fraud may be facilitated using computer systems,
including
 Bank fraud- is the use of potentially illegal means to obtain money, assets,
or other property owned or held by a financial institution, or to obtain money
from depositors by fraudulently posing as a bank or other financial institution.
For this reason, bank fraud is sometimes considered a white-collar crime.
 Carding - is a form of credit card fraud in which a stolen credit card is used
to charge pre-paid cards. Carding typically involves the holder of the stolen
card purchasing store-branded gift cards, which can then be sold to others or
used to purchase other goods that can be sold for cash
 Identity theft also known as identity fraud, is a crime in which an imposter
obtains key pieces of personally identifiable information, such as Social
Security or driver's license numbers, in order to impersonate someone else.
 Extortion- (also called shakedown, outwrestling and exaction) is a criminal
offense of obtaining money, property, or services from an individual or
institution, through coercion
 Theft of classified information
 Classified information is sensitive information to which access is restricted
by law or regulation to particular classes of people. A formal security
clearance is required to handle classified documents or access classified
data. The operation of assigning the level of sensitivity to data is called data
classification.
A variety of internet scams, many based on phishing and social engineering,
target consumers and businesses.
Cyberterrorism
- Government officials and information technology security specialists have
documented a significant increase in Internet problems and server scans
since early 2001. But there is a growing concern among government
agencies such as the Federal Bureau of Investigations (FBI) and the Central
Intelligence Agency (CIA) that such intrusions are part of an organized effort
by cyberterrorists', foreign intelligence services, or other groups to map
potential security holes in critical systems. A cyberterrorist is someone who
intimidates or coerces a government or an organization to advance his or
her political or social objectives by launching a computer-based attack
against computers, networks, or the information stored on them.
Cyberterrorism in general can be defined as an act of terrorism committed
through the use of cyberspace or computer resources (Parker 1983). As
such, a simple propaganda piece in the Internet that there will be bomb
attacks during the holidays can be considered cyberterrorism. There are also
hacking activities directed towards individuals, families, organized by groups
within networks, tending to cause fear among people, demonstrate power,
collecting information relevant for ruining peoples' lives, robberies,
blackmailing etc.

Cyber-extortion
 - Cyber-extortion occurs when a website, e-mail server, or computer system is
subjected to or threatened with repeated denial of service or other attacks
by malicious hackers. These hackers demand money in return for promising
to stop the attacks and to offer “protection”. According to the Federal
Bureau of Investigation, cyber-crime extortionists are increasingly attacking
corporate websites and networks, crippling their ability to operate and
demanding payments to restore their service. More than 20 cases are
reported each month to the FBI and many go unreported in order to keep
the victim's name out of the public domain. Perpetrators typically use a
distributed denial-of-service attack. An example of cyberextortion was the
attack on Sony Pictures of 2014.
Computer as a target
These crimes are committed by a selected group of criminals. Unlike crimes
using the computer as a tool, these crimes require the technical of the perpetrators.
As such, as technology evolves, so too does the nature of the crime. These crimes
are relatively new, having been in existence for only as long as computers have
which explains of how unprepared society and the world in general is towards
combating these crimes. There are numerous crimes of this nature committed daily
on the internet:
Crimes that primarily target computer networks or devices include:
1. Computer viruses
2. Denial-of-service attacks
3. Malware (malicious code)
Computer as a tool
Internet fraud, Spamming, Phishing, and Carding (fraud)
When the individual is the main target of cybercrime, the computer can be
considered as the tool rather than the target.
These crimes generally involve less technical expertise. Human weaknesses
are generally exploited. The damage dealt is largely psychological and intangible,
making legal action against the variants more difficult. These are the crimes which
have existed for centuries in the offline world. Scams, theft, and the likes have
existed even before the development in high-tech equipment. The same criminal
has simply been given a tool which increases his potential pool of victims and
makes him all the harder to trace and apprehend.
What does Spamming mean?
Spamming is the use of electronic messaging systems like e-mails and other
digital delivery systems and broadcast media to send unwanted bulk messages
indiscriminately. The term spamming is also applied to other media like in internet
forums, instant messaging, and mobile text messaging, social networking spam,
junk fax transmissions, television advertising and sharing network spam.
Crimes that use computer networks or devices to advance other ends
include:
Fraud and identity theft (although this increasingly uses malware, hacking or
phishing, making it an example of both computer as target and computer as tool
crime)
Information warfare.
Phishing scams
Spam
Propagation of illegal obscene or offensive content, including harassment and
threats
Phishing is mostly propagated via email. Phishing emails may contain links to
other websites that are affected by malware. Or, they may contain links to fake
online banking or other websites used to steal private account information.
Phishing is the fraudulent attempt to obtain sensitive information such as
usernames, passwords and credit card details by disguising oneself as a trustworthy
entity in an electronic communication. Typically carried out by email spoofing or
instant messaging, it often directs users to enter personal information at a fake
website which matches the look and feel of the legitimate site. Phishing is an
example of social engineering techniques being used to deceive users. Users are
often lured by communications purporting to be from trusted parties such as social
web sites, auction sites, banks, online payment processors or IT administrators.
Obscene or offensive content
The content of websites and other electronic communications may be
distasteful, obscene or offensive for a variety of reasons. In some instance, these
communications may be legal. The extent to which these communications are
unlawful varies greatly between countries, and even within nations. It is a sensitive
area in which the courts can become involved in arbitrating between groups with
strong beliefs. One area of internet pornography that has been the target of the
strongest efforts at curtailment is child pornography, which is illegal in most
jurisdictions in the world.
Online harassment
Various aspects needed to be considered when understanding harassment
online.
Whereas content may be offensive in a non-specific way, harassment directs
obscenities and derogatory comments at specific individuals focusing for example
on gender, race, religion, nationality, sexual orientation. This often occurs in chat
rooms, through newsgroups, and by sending hate e-mail to interested parties.
Harassment on the internet also includes revenge porn.
Drug trafficking
Darknet markets are used to buy and sell recreational drugs online. Some
drug traffickers use encrypted messaging tools to communicate with drug mules.
The dark web site Silk Road was a major online marketplace for drugs before it was
shut down by law enforcement (then reopened under new management, and then
shut down by law enforcement again). After Silk Road 2.0 went down, Silk Road 3
Reloaded emerged. However, it was just an older marketplace named Diabolus
Market, that used the name for more exposure from the brand's previous success.

CATEGORIES OF CYBER CRIME

We can categorize cybercrime in two ways.
The computer as a target -using a computer to attacks other computer, e.g.,
Hacking, virus/worm attacks, Dos attack etc.
The computer as a weapon using a computer to commit real world crime e.g., cyber
terrorism, credit card fraud and pornography etc.

Investigation
A computer can be a source of evidence (see digital forensics). Even when a
computer is not directly used for purposes, it may contain records of value to
criminal investigators in the form of a logfile. In most countries are required, by law,
to keep their logfiles for a predetermined amount of time. For example, a European
wide Data Retention Directive (applicable to all EU member states) states that all E-
mail traffic should be retained for a minimum of 12 months
Methodology of cybercrime investigation
There are many ways for cybercrime to take place, and investigations tend to
start with an IP Address trace, however that is not necessarily a factual basis upon
which detectives can solve a case. Different types of high-tech crime may also
include elements of low-tech crime, and vice versa, making cybercrime
Investigators an indispensable part of modern law-enforcement. Methodology of
cybercrime detective work is dynamic and is constantly improving, whether in
closed police units, or in international cooperation framework.

Legislation
Due to easily exploitable laws, cybercriminals use developing countries in
order to evade detection and prosecution from law enforcement. In developing
countries, such as the Philippines, laws against cybercrime are weak or sometimes
nonexistent. These weak laws allow cybercriminals to strike from international
borders and remain undetected. Even when identified, these criminals avoid being
punished or extradited to a country, such as the United States, that has developed
laws that allow for prosecution. While this proves difficult in some cases, agencies,
such as the FBI, have used deception and subterfuge to catch criminals. For
example, two Russian hackers had been evading the FBI for some time. The FBI set
up a fake computing company based in Seattle, Washington. They proceeded to
lure the two Russian men into the United States by offering them work with this
company. Upon completion of the interview, the suspects were arrested outside of
the building. Clever tricks like this are sometimes a necessary part of catching
cybercriminals when weak legislation makes it impossible otherwise. President
Barack Obama released in an executive order in April 2015 to combat cybercrime.
The executive order allows the United States to freeze assets of convicted
cybercriminals and block their economic activity within the United States. This is
some of the first solid legislation that combats cybercrime in this way. The
European Union adopted directive 2013/40/EU. All offenses of the directive, and
other definitions and procedural institutions are also in the Council of Europe's
Convention on Cybercrime.

Penalties
Penalties for computer related crimes in New York State can range from a
fine and a short period of jail time for a Class A misdemeanor such as unauthorized
use of a computer up to computer tampering in the first degree which is a Class C
felony and can carry 3 to 15 years in prison.
However, some hackers have been hired as information security experts by
private companies due to their inside knowledge of computer crime, a phenomenon
which theoretically could create perverse incentives. A possible counter to this is for
courts to ban convicted hackers from using the Internet or computers, even after
they have been released from prison though as computers and the Internet become
more and more central to everyday life, this type of punishment may be viewed as
more and more harsh and draconian. However, nuanced approaches have been
developed that manage cyber offender behavior without resorting to total computer
or Internet bans. These approaches involve restricting individuals to specific devices
which are subject to computer monitoring or computer searches by probation or
parole officers.
Awareness
As technology advances and more people rely on the internet to store
sensitive information such as banking or credit card information, criminals
Increasingly attempt to steal that information. Cybercrime is becoming more of a
threat to people across the world. Raising awareness about how information is
being protected and the tactics criminals use to steal that information continues to
grow in Importance. According to the FBI's Internet Crime Complaint Center in 2014
there were 269,422 complaints filed. With all the claims combined there was a
reported total loss of $800,492,073. But cybercrime does yet seem to be on the
average person's radar. There are 1.5 million cyber-attacks annually, that means
that there are over 4,000 attacks a day, 170 attacks every hour, or nearly three
attacks every minute, with studies showing us that only 16% of victims had asked
the people who were carrying out the attacks to stop. Anybody who uses the
internet how one is being protected while online tant to be aware of for any reason
can be a victim, which is why it is important
Intelligence
As cybercrime has proliferated, a professional ecosystem has evolved to
support individuals and groups seeking to profit from cybercriminal activities. The
ecosystem has become quite specialized, including malware developer botnet
operators, professional cybercrime groups, groups specializing in the sale of stolen
content, and so forth. A few of the leading cybersecurity companies have the skills,
resources and visibility to follow the activities of these Individuals and group. Wide
variety of information is available from these sources which can be used for
defensive purposes, including technical indicators such as hashes of infected files or
malicious IPs/URLs, as well as strategic information profiling the goals, techniques
and campaigns of the profiled groups. Some of it is freely published, but consistent,
on-going access typically requires subscribing to an adversary intelligence
subscription service. At the level of an individual threat actor, threat intelligence is
often referred to that actor's "TTP", or "tactics, techniques and procedures," as the
infrastructure, tools, and other technical indicators are often trivial for attackers to
change Computer viruses are forms of code or malware programs that can copy
themselves and damage or destroy data and systems. When computer viruses are
used on a large scale, like with bank, government or hospital networks these
actions may be categorized as cyberterrorism. Computer hackers also engage in
phishing scams, like asking for bank account numbers, and credit Card theft.

CYBER INTELLIGENCE PROCESS

Cyber threat intelligence is just as cutting-edge as it sounds: it's a type of
cybersecurity solution that seeks to pro valuable intel that helps any business stay
ahead of threats with ease. Over the years, this particular approach evolved
immensely and now boasts much higher levels of effectiveness, thanks to its use of
well-designed stat and advanced technological innovations.
What does it consist of?
It can be broken up into six key elements that closely work together to help
protect your technological infrastructure and in-house systems.
Step #1: Direction
As the initiating effort of the cyber -threat intelligence process, this step entails
defining the information needed to make the best decisions in the shortest possible
time frame. Generally, the information used for this part is pieced together through
various points of data, such as the nature of the attack, the devices involved, and
what was compromised.
Step #2: Collection
Also known as data collection, this step entails collecting both digital and physical
evidence depending on the nature of an incident. Such information includes audit
logs, IP addresses, CCTV footage, or physical evidence.
Step #3: Processing
After data is collected in dan previous step, service providers must move on to this
next step which entails "translating" information into more organized, decipherable
forms. During this step, firms focus on decoding Information, organizing raw data
into groups, and tagging information that fits a specific context or source.
Step #4: Analysis
During this step, a firm must establish a timeline using the data collected from the
processing stage. They will analyze any contradictory information to create a
clearer understanding of the events as they unfolded.
Compared to other parts of the process in question, analysis is often considered as
one of the most time-consuming stages of the cycle. It is almost always led by a
human analyst and aided by advanced software and tools to complete the process
efficiently.
Step #5: Dissemination
Throughout the dissemination stage, experts deliberate on the gathered intel from
the previous steps so that they can determine the limitations, available courses of
action, and opportunities for cybersecurity improvement.
Step #6: Feedback
Once the five previous steps of the cyber-intelligence process are completed, firms
are ready to take action based on the previous steps in the cycle. During this step,
certain actions can be taken to counteract the presence or effects of any threats
such as retaliation, a new security feature implementation, or adding more data to
the cycle for recanalization.

What is a Cybercrime Warrant?

Cybercrime warrants are judicial orders that involve the following acts relevant to
computer data:
 The keeping of data that is protected from deterioration
 Disclosure of confidential data or information
 Monitoring and listening of the content of communications
 Search, seizure, and/or examination
 Custody and destruction of computer data

These are in connection with Republic Act [RA] No. 10175[2] which also known as
the "Cybercrime Prevention Act of 2012”
The purpose of this rule is not to replace the existing Rules of Criminal Procedure
but to expand the same. The provisions of which shall remain to govern the
preliminary investigation as well as all stages of prosecution of criminal actions that
involves any violations of RA 10175.

What is the applicable rule with respect to the issuance of Cybercrime

Warrants?
Pursuant to Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court is
vested with the power to promulgate rules concerning the pleading, practice, and
procedure in all courts. Thus, in order to complement the state policy leading to the
enactment of RA 10175, the Supreme Court, having in mind the necessity to
provide rules for the detection, Investigation, and prosecution of cybercrime
offenses, especially for the application, issuance, and implementation of court
warrants technically-suited to the nature of cybercrime offenses, promulgated A. M.
No. 17-11-03-SC, [3] otherwise known as the Rule on Cybercrime Warrants.

What are the 4 cybercrime warrants [A.M. No. 17-11-03-SC]?

The Rule on Cybercrime Warrants also provides the forms of four types of warrants
which are:[4] The warrants to intercept computer data, an order in writing which
authorizes the listening, recording, monitoring, or surveillance of the content of
communications through the use of a computer system, electronic eavesdropping or
tapping devices;
The warrants to disclose computer data, which is a written order that
authorizes the issuance of an order to reveal confidential data and command any
person or service provider to disclose subscriber's information or any relevant data
he/she possess;
The warrants to examine computer data, which is a requirement by the law
enforcement authorities before searching the computer system of the lawfully
arrested person/s in order to gain forensic examination of latter's computer data;
Lastly, the warrants to search, seize, and examine computer data. It is an order in
writing which authorizes the law enforcement authorities, to search the particular
place relevant to the commission of the violations of cybercrime, in order to seize or
examine.
The application for warrant can be filed before any of the cybercrime courts
designated by law where the offense the elements of which has been committed or
the location of any part of the computer system used or the place where The
damage to a natural or juridical person arises.

Warrant to disclose computer data

A warrant to Disclose Computer Data is defined under Section 4.2 of the Rules on
Cybercrime Warrants as;
Section 4.2. Warrant to Disclose Computer Data (WDCD). - A WDCD is an order in
writing issued in the name of the People of the Philippines, signed by a judge, upon
application of law enforcement authorities, authorizing the latter to issue an order
to disclose and accordingly, require any person or service provider to disclose or
submit subscriber’s information, traffic data, or relevant data in his/her or its
possession or control (5)
This provision is in pursuant to the provision in the Cybercrime Prevention Act of
2012 which provides that;
SEC. 14. Disclosure of Computer Data. - Law enforcement authorities, upon securing
a court warrant, shall issue an order requiring any person or service provider to
disclose or submit subscriber's information, traffic data or relevant data in his/its
possession or control within seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and assigned for investigation and
the disclosure is necessary and relevant for the purpose of investigation. (6)
It is important to remember that only judges have the authority to issue warrants
since this is provided in our Constitution.

How long are cybercrime warrants valid?

Cybercrime warrants are valid only up to a period not exceeding ten (10) days after
its issuance. This is provided under Section 2.5 of the Rule on Cybercrime Warrants
which provides that:
Section 2.5. Effective Period of Warrants. - Any warrant issued under this Rule
shall only be effective for the length of time as determined by the court, which shall
not exceed a period of ten (10) days from its issuance. The court issuing the
warrant may, upon motion, extend its effectivity based only on justifiable reasons
for a period not exceeding ten (10) days from the expiration of the original period.
[7]
Moreover, under Section 4.1 of the Rules on Cybercrime Warrants:
Section 4.1. Disclosure of Computer Data. - Pursuant to Section 14, Chapter IV
of RA 10175, law enforcement authorities, upon securing a Warrant to Disclose
Computer Data (WDCD) under this Rule, shall issue an order requiring any person or
service provider to disclose or submit subscriber's information, traffic data or
relevant data in his/her is possession or control within seventy-two (72) hours from
receipt of the order in relation to a valid complaint officially pocketed and assigned
for investigation and the disclosure is necessary and relevant for the purpose of
investigation.[8] Thus, the law enforcer should be able to execute the warrant
within 10 days otherwise the warrant will be void if executed beyond the period
provided by the law.

How can a person or entity be subject of a cybercrime warrant?

In light of the passage of RA 10175 or the Cybercrime Prevention Act of 2012, said
law provides that a court shall grant the issuance of a warrant "upon written
application and the examination under oath or affirmation of the applicant and the
witnesses he may produce and the showing: [1] that there are reasonable grounds
to believe that any of the crimes enumerated herein above has been committed, or
is being committed, or is about to be committed: (2) that there are reasonable
grounds to believe that evidence that will be obtained is essential to the conviction
of any person for, or to the solution of, or to the prevention of, any such crimes; and
(3) that there are no other means readily available for obtaining such evidence. "[9]
The Supreme Court, in view of its Constitutional power to promulgate rules
concerning procedures in all courts, [10] has issued on July 3, 2018, A.M. No. 17-11-
03-SC or the Rule on Cybercrime Warrants.

Stalking Defined
Carrie walks back to her dorm room, but she cannot shake the feeling that
she's being watched. Over the last two weeks, she has received several blocked
calls to her cell phone. Sometimes she will answer the calls, and other times she
lets it go to voicemail. When she answers, no one speaks, and whoever it is does
not leave a voicemail message. Carrie has also been getting emails to her school
account. The emails tell her that she is pretty, and there will be comments about
the pants or shirt she wore that day. Tonight, Carrie feels she needs to talk to the
police because she feels someone is stalking her.
The definition for stalking is when a perpetrator singles out a
specific person and causes the person emotional distress and causes the
individual to fear for his or her life, safety, or safety of others. A stalker
can be a former boyfriend or girlfriend, an acquaintance or a stranger.
In order for stalking to be a crime, there has to be two or more occasions of
visual or physical proximity; non-consensual communication, either written or
verbal; threats; or a combination of any of these occasions. In the example, Carrie
has had a combination of these occasions and is being subjected to several types of
stalking.
Types of Stalkers
Actions define the type of stalking, but personalities combined with the
actions define the type of stalker:
1. Rejected Stalker- This type of stalker becomes upset when the friendship or
romantic relationship has ended. The rejected stalker is not only self-centered and
jealous but also over-dependent and persistent.
2. Resentful Stalker - The resentful stalker feels humiliated that the relationship
has ended and seeks revenge upon the victim. Resentful stalkers are often
irrationally paranoid and are known to verbally assault their victims.
3. Predatory Stalker-The predatory stalker seeks power and sexual gratification.
They will not make physical contact but will use surveillance to track the victim.
4. Intimacy Seeker- The intimacy-seeking stalker seeks an intimate and romantic
relationship with the victim. When the stalker is rejected by the victim, he or she
will continually phone the victim, write the victim letters, and can become Jealous
and violent if the victim enters into a relationship with someone else.
5. Incompetent Suitor- The incompetent suitor stalker usually has inadequate
social skills. They want a relationship with the victim but do not have the ability to
realize he or she is not meant to be with the victim.
6. Erotomania and Morbidly Infatuated- This type of stalker feels that the
victim loves them even though they may not have had any contact with the victim.
The stalker is usually paranoid, prefers suitors in a higher social class, and will
repeatedly approach the victim.

Cyberstalking is the use of the Internet or other electronic means to stalk or

harass an individual, group, or organization. It may include false accusations,
defamation, slander and libel. It may also include monitoring, identity theft, threats,
vandalism, solicitation for sex, or gathering Information that may be used to
threaten, embarrass or harass.

The Hacker, Hacking Tactics and the Victim

Who is the hacker?
Hacking emerged with the invention of computers. The term "hacker" has a
variety of definitions. Among computer professionals, it is applied to someone who
is proficient at software programming, debugging systems, or identifying
vulnerabilities in a given computer, software application, or computer network.
These are valuable skills for computer programmers and technicians. However,
hacker has taken on a negative meaning among the public and the media. Outside
the computer industry, the term is now generally used to describe a person with
these who decode to apply them toward a damaging or illegal purpose.
The basic difference is this: hackers build things, crackers break
them

Types of Hackers
The security community has informally used references to hat color as a way
different type of hacker are identified, usually divided into three types:
1. White hat
2. Black hat
3. Gray hat

White hat hackers, also known as ethical hackers, strive to operate in the public's
best interest, rather than to create turmoil. Many white hat hackers work doing
penetration, hired to attempt to break into the company's networks to find and
report on security vulnerabilities. The security firms then help their customers
mitigate security issues before criminal hackers can exploit them.
Black hat hackers intentionally gain unauthorized access to networks and systems
with malicious intent, whether to steal data, spread malware or profit from
ransomware, vandalize or otherwise damage systems or for another reason
including gaining notoriety. Black hat hackers are criminals by definition because
they violate laws against accessing systems without authorization, but they may
also engage in other illegal activity, including identity theft and distributed denial-
of-service attacks
Gray hat hackers fall somewhere between white hat hackers and black hat
hackers. While their motives may be similar to those of white hat hackers, gray hats
are more likely than white hat hackers to access systems without authorization; at
the same time, they are more likely than black hat hackers to avoid doing
unnecessary damage to the systems they hack. Although they aren't typically-or
only-motivated by money, gray hat hackers may offer to fix vulnerabilities they
have discovered through their own, unauthorized, activities rather than using their
knowledge to exploit vulnerabilities for illegal profit. A black hat hacker accesses
systems without authorization and steals or damages data

The Hacker Attitude

1. The world is full of fascinating problems waiting to be solved
2. No problem should ever have to be solved twice
3. Boredom and drudgery are evil
4. Freedom is good
5. Attitude is no substitute for competence

Hacking techniques that are commonly used to get your Personal

information in an unauthorized way.
Hacking techniques
1. Bait and switch
- Using bait and switch hacking technique, an attacker can buy advertising
spaces on the websites. Later, when a user dicks on the ad, he might get directed to
a page that's infected with malware. This way, they can further install malware or
adware on your computer. The ads and download links shown in this technique are
very attractive and users are expected to end up clicking on the same.
2. Cookie theft
- The cookies of a browser keep our personal data such as browsing history,
username, and passwords for different sites that we access. Once the hacker gets
the access to your cookie, he can even authenticate himself as you on a browser. A
popular method to carry out this attack is to encourage a user's IP packets to pass
through attacker's machine.
Also known as SideJacking or Session Hijacking, this attack is easy to carry
out if the user is not using SSL (https) for the complete session. On the websites
where you enter your password and banking details. It’s of utmost importance for
them to make their connections encrypted.
3. ClickJacking Attacks
- Click Jacking is also known by a different name, Ul Redress. In this attack,
the hacker hides the actual UI where the victim is supposed to click. This behavior is
very common in app download, movie streaming, and torment websites While they
mostly employ this technique to earn advertising dollars, others can use it to steal
your personal information.
4. Virus, Trojan etc.
- Virus or trojans are malicious software programs which get installed into the
victim's system and keeps sending the victims data to the hacker. They can also
lock your files, serve fraud advertisement, divert traffic, sniff your data, or spread
on all the computer connected to your network.
5. Phishing
- Phishing is a hacking technique using which a hacker replicates the most-
accessed sites and traps the victim by sending that spoofed link. Combined with
social engineering. It becomes one of the most commonly used and deadliest attack
vectors.
 Once the victim tries to login or enters some data, the hacker gets that
private information of the target victim wind the trojan running on the fake site,
Phishing via iCloud and Gmail account was the attack route taken by hackers who
targeted the "Fappening" leak, which involved numerous Hollywood female
celebrities
6. Eavesdropping (Passive Attacks)
- Unlike other attacks which are active in nature, using a passive attack, a
hacker just monitors the computer systems and networks to gain some unwanted
information.
The motive behind eavesdropping is not to harm the system but to get some
information without being identified. These types of hackers can target e-mail,
instant messaging services, phone calls, web browsing, and other methods of
communication. Those who indulge in such activities are generally black hat
hackers, government agencies, etc.
7. Fake WAP
- Even just for fun, a hacker can use software to fake a wireless access point.
This WAP connects to the official public place WAP. Once you get connected the
fake WAP, a hacker can access your data, just like in the above cases. It is one of
the easiest hacks to accomplish and one just needs a simple software and wireless
network. Anyone can name their WAP as some legit name like “Heathrow Airport
WiFi” or “Starbucks WiFi” and start spying on you. One of the best ways to protect
yourself from such attacks is using a quality VPN service.
8. Waterhole attacks
- If you are a big fan of Discovery or National Geographic channels, you could
relate easily with the waterhole attacks. To poison a place, in this case, the hacker
hits the most accessible physical point of the victim.
For example, if the source of a river is poisoned, it will hit the entire stretch of
animals during summer. In the same way, hackers target the most accessed
physical location to attack the victim. That point could be a coffee shop, a cafeteria,
etc.
Once hackers are aware of your timings, using this type of hacking, they
might create a fake Wi-Fi access point and modify your most visited website to
redirect them to you to get your personal information. As this attack collects
information on a user from a specific place, detecting the attacker is even harder.
One of the best ways to protect yourself again such types of hacking attacks is to
follow basic security practices and keep your software/OS updated
Denial of Service (DoS\DDoS)
- A Denial of Service attack is a hacking technique to take down a site or
server by flooding that site or server with a lot of traffic that the server is
unable to process all the requests in the real time and finally crashes down.
This popular technique, the attacker floods the targeted machine with tons
of requests to overwhelm the resources, which, in turn, restrict the actual
requests from being fulfilled. For DDoS attacks, hackers often deploy botnets
or zombie computers which have got the only work to flood your system with
request packets. With each passing year, as the malware and types of
hackers keep getting advanced, the size of DDoS attacks keeps getting
increasing.
Keylogger
- Keylogger is a simple software that records the key sequence and strokes of
your keyboard into a log file on your machine. These log files might even
contain your personal email IDs and passwords. Also known as keyboard
capturing, can be either software or hardware. While software-based
 keyloggers target the programs installed on a computer, hardware devices
target keyboards, electromagnetic emissions, smartphone sensors, etc.
- Keylogger is one of the main reasons why online banking sites give you an
option to use their virtual keyboards. So, whenever you're operating a
computer in public setting, try to take extra caution.

Hacker vs. cracker

The term hacker was first used in the 1960s to describe a programmer or an
individual who, in an era of highly constrained computer capabilities, could increase
the efficiency of computer code in a way that removed, or hacked, excess machine-
code instructions from a program. It has evolved over the years to refer to a person
with an advanced understanding of computers, networking, programming or
hardware.
For many in technology, the term hacker is best applied to those who use
their skills without malicious intent, but over time the term has been applied to
people who use their skills maliciously. To counter the trend of labeling willful
technologists as criminals, the term cracker was proposed for criminal hackers, with
the intention of removing the stigma from being labeled a hacker.
Famous hackers
While many famous technologists have been considered hackers, including
Donald Knuth, Ken Thompson, Vinton Cerf, Steve Jobs and Bill Gates, black hat
hackers are more likely to gain notoriety as hackers in mainstream accounts: Gates
was also caught breaking into corporate systems as a teenager before founding
Microsoft.

Risk management typically falls into 8 areas:

1. Avoidance- Take a close look at want information you store and what you need
to store. For example, 1-2 years after a purchase maybe you don't need the credit
card number anymore and can blank it out with a permanent marker but still keep
the receipt in case of a tax audit.
2. Prevention- I think this is self-explanatory, prevent access to data, prevent the
removal of data from the business, etc.
3. Reduction- Reduce a loss if it does occur. Take measure like placing limits on
the amount that can be withdrawn from a bank account at any time.
4. Separation- Separate names from credit card numbers whenever possible.
Separate user names from passwords (store them in separate databases). Separate
customer data from the internet by only accessing it on a computer that doesn't
have an internet connection or email account.
5. Duplication-You actually want to reduce the duplication of customer data as the
less duplicates the less chances of theft but you may want to duplicate firewalls,
etc.
6. Transfer- This is the biggest one, transfer the risk of storing credit card data to a
third-party processor like PayPal or your bank. Let them take the risk of storing
credit cards. Also, insurance is a form of transfer as you are transferring your risk to
the insurer.
7. Retention- As a last resort, be aware of the risk be risk your face but if you
cannot effectively manage if you must retain it or avoid it (by not engaging in
business).
Cyber-crime tactics: how to avoid becoming a victim
Cybercrime is on the rise, affecting millions of consumers and organizations all over
the world. Graham Day author of December's Book of the month. Security in the
Digital World, says: "Attackers are slowly discovering all the ways that devices can
be used to attack others. As this knowledge develops, the number and
sophistication of attacks also increase."
It's important to be aware of the tactics cyber criminals use and how you can
protect yourself.

How do cyber criminals attack?

Three methods that cyber criminals use to attack as defines Security in the Digital
World:
1. Social engineering: the attacker tries to manipulate you into giving them either
your information, or access to your computer so that they can get the information
themselves. This can take place through many types of communication, including
the telephone (vishing), email (phishing), text messages (smishing) or chats within
games or apps. The aim of social engineering is to exploit human nature by
targeting common human traits such as the fear of being attacked.
2. Malware: Malware is malicious software that will damage or harm your
computer, network or information with the sole intent of infecting your system.
Some malware will attempt to take control of the system, allowing the attacker to
do anything they want with it or information on the device, deny you the device or
the information, or benefit from taking control of the device or information. Malware
is constantly altered by attackers to create new strains, so it is almost impossible to
keep track. Known strains include Trojans, Jailbreaks, viruses, bots and worms.
3. Ransomware: Petya, Wanna Cry and Not Petya are all strains of ransomware
that affected the computer systems organizations worldwide, Ransomware is a type
of malware that is delivered by social engineering and blocks access to the
information stored on your device/system. Users will be denied access to their
information unless they pay a “ransom” to the attacker -usually in an electronic
currency such as bitcoin.
These methods may be used on their own, or you could fall victim to an attack that
uses a combination. The attacker uses more than one type of communication to
make you more confident that you are not being duped or manipulated
Who are the victims of cybercrime??
If you have a website, you're vulnerable to become a victim of cybercrime.
Cybercrime Laws in the Philippines
Republic Act No. 10175-known as the "Cybercrime Prevention Act of 2012”
The State recognizes the vital role of information and communications Industries
such as content production, telecommunications, broadcasting electronic
commerce, and data processing, in the nation's overall social and economic
development.
The State also recognizes the importance of providing an environment conducive to
the development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality, integrity, and availability
of information and data stored therein, from all forms of misuse, abuse, and illegal
access by making punishable under the law such conduct or conducts.
In this light, the State shall adopt sufficient powers to effectively prevent and
combat such offenses by facilitating their detection, Investigation, and prosecution
at both the domestic and international levels, and by providing arrangements for
fast and reliable international cooperation.

Definition of Terms.
1. Access refers to the instruction, communication with, storing data in, retrieving
data from, or otherwise making use of any resources of a computer system or
communication network.
2. Alteration refers to the modification or change, in form or substance, of an
existing computer data or program.
3. Communication refers to the transmission of information of information through
ICT media, including voice, video and other forms of data.
4. Computer refers to an electronic, magnetic, optical, electrochemical, or other
data processing or communication device, or grouping of such devices, capable of
performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly
related to or operating in conjunction with such device. It covers any type of
computer device including devices with data processing capabilities like mobile
phones, smart phones, computer networks and other devices connected to the
internet.
5. Computer data refers to any representation or of facts, information, 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 electronic data messages whether stored in local computer systems or
online.
6. Computer program refers to a set of instructions executed by the computer to
achieve intended results
7. Computer system refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated
processing 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 computer data storage devices or media.
8. Without right refers to either. (1) conduct undertaken without or in excess of
authority; or (II) conduct not covered by established legal defenses, excuses, court
orders, justifications, or relevant principles under the law.
9. Cyber refers to a computer or a computer network, the electronic medium in
which online communication takes place.
10. Critical infrastructure refers to the computer systems, and/ or networks,
whether physical or virtual, and/or the computer programs, computer data and/or
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 safety, or any
combination of those matters.
11. Cybersecurity refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies that can
be used to protect the cyber environment and organization and user's sets
12. Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.
13. Interception refers to listening to, recording, monitoring or surveillance of the
content of communications including procuring of the content of data, either
directly, through access and use of a computer system or indirectly, through the
use of electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.
14. Service provider refers to:
(1) Any puts provider refers to that provides to users of its service the ability
to communicate by means of a com System; and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
15. Subscriber’s information refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to
subscribers of its services other than traffic or content data and by which identity
can be established:
(1) the type of communication service used, the technical provisions taken
thereto and the period of service;
(2) the subscriber’s identity, postal or geographic address, telephone and
other access numbers, any assigned network address, billing and payment
information, available on the basis of the service agreement or arrangement; and
(3) any other available information on the site of the installation of
communication equipment, available on the basis of the service agreement or
arrangement.
16. Traffic data or non-content data refers to any computer data other than the
content of the communication including, but not limited to, the communication's
origin, destination, route, time, date, size, duration, or type of underlying service.

PUNISHABLE ACTS-Cybercrime Offenses

1. Offenses against the confidentiality, integrity and availability of computer data
and systems:
1) Illegal Access. The access to the whole or any part of a computer system
without right.
2) Illegal Interception. - The interception made by technical means without
right of any non-public transmission of computer data to, from, or within a computer
system including electromagnetic emissions from a computer system carrying such
computer data.
3) Data Interference. The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or electronic data
message, without right, including the introduction or transmission of viruses
4) System Interference. The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right or
authority, including the Introduction or transmission of viruses.
5) Misuse of Devices
a. The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
i. A device, including a computer program, designed or adapted primarily for
the purpose of committing any of the offenses under this Act; or
ii. A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent that it be
used for the purpose of committing any of the offenses under this Act.
b. The possession of an item referred to in paragraphs 5(a) or (b) above with intent
to use said devices for the purpose of committing any of the offenses under this
section.
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, if such a domain name is:
a. Similar, identical, or confusingly similar to an existing trademark registered with
the appropriate government agency at the time of the domain name registration:
b. Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
c. Acquired without right or with intellectual property interests in it.

2. Computer-related Offenses:
1) Computer-related Forgery.
a. The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that It be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly
readable and intelligible; or
b. The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent or
dishonest design
2) Computer-related Fraud. The unauthorized input, alteration, or deletion
of computer data or program or Interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, that if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
3) Computer-related Identity Theft. The intentional acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying information
belonging to another, whether natural or juridical, without right: Provided, that if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.

3. Content-related Offenses:
1) Cybersex. The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity,
with the aid of a computer system, for favor or consideration
2) Child Pornography. The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or ed Anti-Child Pornography Act of 2009,
committed through a computer system: Provided. That the penalty to be imposed
shall be (1) one degree higher than that provided for in Republic Act No. 9775.
Unsolicited Commercial Communications.
The transmission of commercial electronic communication with the use of computer
system which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
a. Third is a prior affirmative consent from recipient; or
b. The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
c. The following conditions are present:
1. The commercial electronic communication contains a simple, valid, and
reliable way for the recipient to reject. Receipt of further commercial electronic
messages (opt-out) from the same source.
 2. The commercial electronic communication does not purposely disguise the
source of the electronic message; and
3. The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the recipients
to read message.
3) Lisel. The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended committed through a computer system or any
other similar means which may be devised in the future.
4. Other Offenses. The following acts shall also constitute an offense
1) Aiding or abetting in the Commission of Cybercrime - Any person who
willfully abets or aids in the commission of any of the offenses enumerated in this
Act shall be liable.
2) Attempt in the Commission of Cybercrime – Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, through and with the use of
information and communication technologies shall be covered by the relevant
provisions of this Act: Provided, that the penalty to be imposed shall be one (1)
degree higher than the provides for by the Revised Penal Code, as amended, and
special laws, as the case may be:
Lability under Other Laws – A prosecution under this Act shall be without prejudice
to any liability for violation of provision of the Revised Penal Code, as amended, or
special laws.

Penalties
A. Any person found guilty of any of the punishable acts enumerated
below
a. Offenses against the confidentiality, Integrity and availability of computer data
and systems:
b. Computer-related offenses
 Shall be punished with imprisonment of prision mayor or a fine of at least
Two hundred thousand pesos (PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.
B. Any person found guilty of the punishable act under Section 4(a)(5)
a. Offenses against the confidentiality, integrity and availability of computer data
and systems:
b. Misuse of Devices.
 Shall be punished with imprisonment of prision mayor or a fine of not more
than Five hundred thousand pesos (PHP500,000.00) or both.
 If punishable acts in Section4(a)are committed against critical infrastructure,
the penalty of reclusion temporal or a fine of at least Five hundred thousand
pesos (PhP500,000.00) up to maximum amount commensurate to the
damage incurred or both, shall be imposed.
C-Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(1)
a. Content-related Offenses:
(1) Cybersex
  Shall be punished with imprisonment of prision mayor or a fine of at least
Two hundred thousand pesos (PhP200,000.00) but not exceeding One million
pesos (PhPI,000,000.00) or both.
D-Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(2)
b. Content-related Offenses:
(2) Child Pornography
 Shall be punished with the penalties as enumerated in Republic Act No. 9775
or the "Anti-Child Pornography Act of 2009: Provided, That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act
No. 9775, if committed through a computer system.
E-Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(3)
c. Content-related Offenses:
(3) Unsolicited Commercial Communications
 Shall be punished with imprisonment of arresto mayor or a fine of at least
Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty
thousand pesos (PhP250,000.00) or both.
F-Any person found guilty of any of the punishable acts enumerated in
Section 5
Section 5. Other Offenses
 Shall be punished with imprisonment one (1) degree lower than that of the
prescribed penalty for the offense or fine of at least One hundred thousand
pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos
PhP500,000.00) or both.

Corporate Liability
When any of the punishable acts herein defined are knowingly committed on
behalf of or for the benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a leading position
within, based on:
(a) a power of representation of the juridical person provided the act committed
falls within the scope of such authority
(b) an authority to take decisions on behalf of the juridical person: Provided. That
the act committed falls within the scope of such authority; or
(c) an authority to exercise control within the juridical person, the juridical person
shall be held liable for a fine equivalent to at least double the fines imposable in
Section 7 (Liability under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws) up to a maximum of Ten million pesos
(PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made
possible due to the lack of supervision or control by a natural person referred to and
described in the preceding paragraph, for the benefit of that juridical person by a
natural person acting under its authority, the juridical person shall be held liable for
a fine equivalent to at least double the fines imposable in Section 7 up to a
maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the
criminal liability of the natural person who has committed the offense.
ENFORCEMENT AND IMPLEMENTATION
Law Enforcement Authorities
The National Bureau of Investigation (NBI) and the Philippine National Police (PNP)
shall be responsible for the efficient and effective law enforcement of the provisions
of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned
by special investigators to exclusively handle cases involving violations of this Act.

Duties of Law Enforcement Authorities

To ensure that the technical nature of cybercrime is given crime and its prevention
is given focus and considering the procedures involved for international
cooperation, law enforcement authorities specifically the computer or technology
crime divisions or units responsible for the investigation of cybercrimes are required
to submit timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the
Department of Justice (DOJ) for review and monitoring.

Real-Time Collection of Traffic Data

Law enforcement authorities, with due cause, shall be authorized to collect or
record by technical or electronic means traffic data in real time associated with
specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date,
size, duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclose will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities
in the collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon
written application and the examination under oath or affirmation of the applicant
and the witnesses he may produce and the showing: (1) that there are reasonable
grounds to believe that any of the crimes enumerated hereinabove has been
committed, or is being committed, or is about to be committed: (2) that there are
reasonable grounds to believe that evidence that will be obtained is essential to the
conviction of any person for, or to the solution of, or to the prevention of, any such
crimes, and (3) that there are no other means readily available for obtaining such
evidence.

Preservation of Computer Data

The integrity of traffic data and subscriber information relating to
communication services provided by a service provider shall be preserved for a
minimum period of six (6) months from the date of the transaction. Content data
shall be similarly preserved for six (6) months from the date of receipt of the order
from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six
(6) months: Provided, that once computer data preserved, transmitted or stored by
a service provider is used as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the Prosecutor shall be
deemed a notification to preserve the computer data until the termination of the
case.
The service provider ordered to preserve computer data shall keep
confidential the order and its compliance.
Disclosure of Computer Data
Law enforcement authorities, upon securing a court warrant, shall issue an
order requiring any person or service provider to disclose or submit subscriber's
information, traffic data or relevant data in his/its possession or control within
seventy-two (72) hours from receipt of the order in relation to a valid complaint
officially docketed and assigned for investigation and the disclosure is necessary
and relevant for the purpose of investigation.

Search, Seizure and Examination of Computer Data

Where a search and seizure warrant is properly issued, the law enforcement
authorities shall likewise have the following powers and duties.
1. To secure a computer system or a computer data storage medium
2. To make and retain a copy of those computer data secured;
3. To maintain the integrity of the relevant stored computer data;
4. To conduct forensic analysis or examination of the computer data storage
medium;
5. To render inaccessible or remove those computer data in the accessed computer
or computer and communications network.
The law enforcement authorities may order any person who has knowledge
about the functioning of the computer system and the measures to protect and
preserve the computer data therein to provide, as is reasonable, the necessary
information, to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to
complete the examination of the computer data storage medium and to make a
return thereon but in no case for a period longer than thirty (30) days from date of
approval by the court.

Custody of Computer Data

All computer data, including content and traffic data, examined under a
proper warrant shall, within forty-eight (48) hours after the expiration of the period
fixed therein, be deposited with the court in a sealed package, and shall be
accompanied by an affidavit of the law enforcement authority executing it stating
the dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data. The law
enforcement authority shall also certify that no duplicates or copies of the whole or
any part thereof have been made, or if made, that all such duplicates or copies are
included in the package deposited with the court. The package so deposited shall
not be opened, or the recordings replayed, or used in evidence, or then contents
revealed, except upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.

Destruction of Computer Data

Upon expiration of the periods as provided in Sections 13 and 15, service
providers and law enforcement authorities, as the case may be, shall immediately
and completely destroy the computer data subject of a preservation and
examination.

Exclusionary Rule
 Any evidence procured without a valid warrant or beyond the authority of the
same shall be inadmissible for any proceeding before any court or tribunal.

Restricting or Blocking Access to Computer Data

When a computer data is prima facie found to be in violation of the provisions
of this Act, the DOJ shall issue an order to restrict or block access to such computer
data.

Noncompliance
Failure to comply with the provisions of Chapter IV hereof specifically the
orders from law enforcement authorities shall be punished as a violation of
Presidential Decree No. 1829 with imprisonment of prision correctional in its
maximum period or a fine of One Hundred thousand pesos (Php 100,000.00) or
both, for each and every noncompliance with an order issued by law enforcement
authorities.

Jurisdiction
The Regional Trial Court shall have jurisdiction over any violation of the
provisions of this Act, including any violation committed by a Filipino national
regardless of the place of commission. Jurisdiction shall lie if any of the elements
was committed within the Philippines or committed with the use of any computer
system Wholly or partly situated in the country, or by when such commission any
damage is caused to a natural or juridical person who, at the same time the offense
was committed, was in the Philippines.

General Principles relating to International Cooperation

All relevant international instruments on international cooperation in criminal
matter, arrangements agreed on the basis of unform or reciprocal legislations, and
domestic laws, to the widest extent possible for the purposes of investigation or
proceedings concerning criminal offenses related to computer systems and data, or
for the collection of evidence in the electronic form of a criminal offense shall be
given full force and effect.

Department of Justice
There is hereby created an Office on Cybercrime within the DOJ designated as
the central authority in all matters related to the international mutual assistance
and extradition.

Cybercrime Investigation and Coordinating Center

An inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the Office of
the President, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity plan.
Composition
1. Executive Director of the Information and Communications Technology Office
under Department of Science and Technology (ICTO-DOST) as Chairperson
2. Director of the NBI as Vice Chairperson;
Members
  the Chief of the PNP;
 Head of the DOJ Office of Cybercrime; and
 one (1) representative from the private sector and academe
The CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.

What is Environmental Law?

Environmental law, also known as environmental and natural resources
law, is a collective term describing the network of treaties, statutes, regulations,
common and customary laws addressing the effects of human activity on the
natural environment. The core environmental law regimes address environmental
pollution. A related but distinct set of regulatory regimes, now strongly influenced
by environmental legal principles, focus on the management of specific natural
resources, such as forests, minerals, or fisheries. Other areas, such as
environmental impact assessment, may not fit neatly into either category, but are
nonetheless important components of environmental law. It is defined as a
complex and interlocking body of statistics, common law, treaties,
conventions, regulations and policies, and it operate to regulate the
interaction of humanity and the rest of the biophysical or natural
environment for the purpose of reducing or minimizing the impacts of
human activity, both on natural environment for its own sake and on
humanity itself.

What do environmental laws regulate?

Environmental laws cover a wide range of topics including the following:
1. Air Quality- Air quality laws protect the air from pollution and may include
measures to protect the air from things like ozone depletion.
2. Water Quality- Environmental laws may protect water from pollution. They may
also determine who can use water and how to handle potential problems like
treating waste water and managing surface run off.
3. Waste Management- Municipal waste, hazardous substances and nuclear
waste all fall in the category of waste management.
4. Contaminant Cleanup- Not all environmental law focuses on preventing
pollution, Contaminant cleanup deals with addressing pollution after it happens.
Laws may include protocols for cleanup as well as civil and criminal punishment for
polluters.
5. Chemical Safety- Chemical safety regulations manage things like pesticide use
and chemicals in products like plastic bottles.
6. Hunting and fishing-Environmental laws may regulate and protect wildlife
populations. Lawmakers determine who can hunt and fish and how these activities
are regulated.
7. Major environmental legislation

From environmental law to environmental order

The concepts of economic order and social order are well-known; the term
environmental order is however largely unknown and is common neither as a set
phrase nor as a concept. By giving the examples of economic order and social
order, however, is also giving some indication of the direction considerations
surrounding environmental order are taking: economic order, comprising private
ownership of the means of production and competition, and social order, marked by
social justice and social security, must be expanded to include environmental order
so that the economic system which prevails in Germany and in the European Union
can, with justification, be called a social and environmentally sound market
economy, Environmental order, understood as the whole gamut of regulations and
institutions serving the protection, care and development of the natural foundations
of human life, is geared towards the sustainability and standardization of care of the
environment. It is more than peripheral short-term environmental protection
effected on a case-by-case basis to ward off risks, rather it means blanket,
comprehensive and long-term protective care in line with the enduring
responsibility we bear for the world around us, for the world we share with others
and for the world of the generations to come.

Law and care of the environment

Environmental law: the "ecological nuancing of law
During and after the First World War, law was given an “economic nuance”
and thus became economic law; today environmental law has, with the newly
created concept of environment policy, been subsumed in giving an “ecological
nuance” to legal norms in public law, criminal law, private law and international law,
designed to protect and look after the natural foundations of human life, in other
words, care of the environment. I prefer here to speak of care of the environment as
opposed to environmental protection since this term lays particular stress on
structuring and preventative aspects rather than o the warding off of dangers.
Traditional legal areas such as water law and commission control law and more
recent fields such as nature conservation law are, under environmental law, linked
to ne regulatory areas such as protection against hazardous substances and the
environmental impacts of genetic engineering, the avoidance, recovery and
disposal of waste, soil protection, energy saving, radiological protection and nuclear
safety. On the whole, environmental law gears legal provisions with an “ecological
nuance” to the new-found objective of protecting and caring for the environment, in
other words the environmental media soil, water and air and flora and fauna
including climate, landscape and the eco-balance as well as the relationship
between these sectors of the environment both among themselves and with man.

The principle of immissions and the principle of emissions

The standards to be met either now or in the future by the environment both
as regards quality and quantity may be subsumed in the term environmental
quality. Under the principle of immissions (from the Latin immittere=to send in),
these standards can be expressly termed environmental quality standards and
anchored in law, especially by determining certain limits on human interventions
which may not be exceeded-for example in laying down immission levels for air
quality control. The standards may also emerge along the lines of the principle of
emissions (from the Latin emitter=to send out) as a result of the application of
geared legal measures to avoid or reduce human impacts on the environment at
source, for example by determining, in line with the state-of-the-art, emission levels
for hazardous substances to be emitted into water bodies. Standards of immissions
and emissions are regularly linked.

Threefold function
In taking on the task of caring for the environment, law has a threefold
function, the most significant being its existential function in care of the
environment. Law is designed to secure mankind's life, survival and health and give
men and women an existence worthy of human dignity. On the other hand, the
existential function is complemented by the social function whereby environment
law helps provide facilities for people to relax in and enjoy the natural environment
and the landscape. Thirdly, law also has an aesthetic function when it allows us to
experience the diversity, uniqueness and beauty of the environment.

PRINCIPLES INFLUENCING ENVIRONMENTAL LAWS

1. Environmentalism
2. Ecology
3. Conservation
4. Stewardship
5. Responsibility and sustainability

Areas of Concern
1. air quality and water- pesticides and hazardous chemicals
2. Global climate change-waste management and agriculture
3. Agriculture- remediation of biodiversity and species on contaminated land
protection
4. biodiversity and species protection- management of public lands and natural
resources

Pollution Control
Water quality laws govern the release of pollutants into water resources,
including surface water, ground water, and stored drinking water. Some water
quality laws, such as drinking water regulations, may be designed solely with
reference to human health. Many others, including restrictions on the alteration of
the chemical, physical, radiological, and biological characteristics of water
resources. May also reflect efforts to protect aquatic ecosystem more broadly.
Regulatory efforts may include identifying and categorizing water pollutants,
dictating acceptable pollutant concentrations in water resources, and limiting
pollutant discharges from effluent sources. Regulatory areas include sewage
treatment and disposal, industrial and agricultural waste water management, and
control of surface runoff from construction sites and urban environments.

Waste Management
Waste management laws govern the transport, treatment, storage, and
disposal of all manner of waste including municipal solid waste, hazardous waste,
and nuclear waste, among many other types. Waste laws are generally designed to
minimize or eliminate the uncontrolled dispersal of waste materials into the
environment in a manner that may cause ecological or biological harm, and Include
laws designed to reduce the generation of waste and promote mandate waste
recycling. Regulatory efforts include identifying and categorizing waste types and
mandating transport, treatment, storage, and disposal practices.

Contaminant Cleanup
Environmental cleanup laws govern the removal of pollution or contaminants
from environmental media such as soil, sediment, surface water or ground water.
Unlike pollution control laws, cleanup laws are designed to respond after the fact to
environmental contamination, and consequently must often define not only the
necessary response actions but also the parties who may be responsible for
undertaking (or paying for) such adions, Regulatory requirements may include rules
for emergency response, liability allocation, site assessment, remedial investigation,
feasibility studies, remedial action, post-remedial monitoring, and site reuse.

Chemical Safety
Chemical safety laws govern the use of chemicals in human activities,
particularly man-made chemicals in modern industrial applications. As contrasted
with media-oriented environmental laws (e.g., air or water quality laws), chemical
control laws seek to manage the (potential) pollutants themselves. Regulatory
efforts include banning specific chemical constituents in consumer products (e.g.,
Bisphenol A in plastic bottles), and regulating pesticides.
Resource Sustainability What is Sustainability?
The terms Sustainable and Sustainability are used to describe many different
approaches toward improving our way of life. Sustainability does not (and should
not) have a rigid definition. Here are some views of what Sustainability con
encompass....
 Stability means reducing our harm on the environment and ultimately
reversing the harm we have already cause.
 Sustainability means renewing resources at a rate equal to or greater than
the rate at which they are consumed.
 Sustainability means living within the resources of the planet without
damaging the environment now or in the future
 Sustainability means creating an economic system that provides for quality of
life while renewing the environment and its resources.
 A sustainable community is one that resembles a living system where all the
resources (human, natural and economic) are renewed and in balance for
perpetuity.
 Sustainability is creating a world where everyone can have fulfilling lives and
enjoy a rich level of well-being within the limits of what nature can provide.
 Sustainability means taking the long-term view of how our actions affect
future generations and making sure we don’t deplete resource or cause
pollution at rates faster than the earth is able to renew them.
 Sustainability means living a life of dignity in harmony with nature
 Some of the many uses of the word sustainable include: Sustainable Business
/ Sustainable Development/ Sustainable Agriculture / Sustainable Living /
Sustainable Community.
A sustainable resource is a resource that can be continuously replenished, or there
is an endless amount of it that can be captured or harnessed and useful towards
providing energy without there being a decrease in supply

Impact assessment
Environmental impact assessment
Environmental impact assessment (EA) is the assessment of the
environmental consequences (positive and negative) of a plan, policy, program, or
actual projects prior to the decision to move forward with the proposed action. In
this context, the term environmental impact assessment (ELA) is usually used when
applied to actual projects by individuals or companies and the term strategic
environmental assessment (SEA) applies to policies, plans and programs ten
proposed by organs of state. Environmental assessments may be governed by rules
of administrative procedure regarding public participation and documentation of
decision making, and may be subject to judicial review.
Water resources-Water resources laws govern the ownership and use of
water resources, including surface water and ground water. Regulatory areas may
include water conservation, use restrictions, and ownership regimes.
Mineral resources - Mining law
Mineral resource laws cover several basic topics, including the ownership of
the mineral resource and who can work them. Mining is also affected by various
regulations regarding the health and safety of miners, as well as the environmental
impact of mining.
Forest resources - Forestry law
Forestry laws govern activities in designated forest lands, most commonly
with respect to forest management and timber harvesting. Ancillary laws may
regulate forest land acquisition and prescribed burn practices. Forest management
laws generally adopt management policies, such as multiple use and sustained
yield, by which public forest resources are to be managed. Governmental agencies
are generally responsible for planning and implementing forestry laws on public
forest lands, and may be involved in forest inventory, planning, and conservation,
and oversight of timber sales. Broader initiatives may seek to slow or reverse
deforestation,
Wildlife and plants
Wildlife laws govern the potential impact of human activity on wild animals,
whether directly on individuals or populations, or indirectly via habitat degradation.
Similar laws may operate to protect plant species. Such laws may be enacted
entirely to protect biodiversity, or as a means for protecting species deemed
important for other reasons. Regulatory efforts may include the creation of special
conservation statuses, prohibitions on killing, harming, or disturbing protected
species, efforts to induce and support species recovery, establishment of wildlife
refuges to support conservation, and prohibitions on trafficking in species or animal
parts to combat poaching.
Fish and game- Fisheries law
Fish and game laws regulate the right to pursue and take or kill certain kinds
of fish and wild animal (game), Such laws may restrict the days to harvest fish or
game, the number of animals caught per person, the species harvested, or the
weapons or fishing gear used. Such laws may seek to balance dueling needs for
preservation and harvest and manage both environment and populations of fish and
game. Game laws can provide a legal structure to collect license fees and other
money which is used to fund conservation efforts as well as to obtain harvest
information used in wildlife management practice.

Principles
Environmental law has developed in response to emerging awareness of and
concern over issues impacting the entire world. While laws have developed
piecemeal and for a variety of reasons, some effort has gone into identifying key
concepts and guiding principles common to environmental law as a whole. The
principles discussed below are not an exhaustive list and are not universally
recognized or accepted. Nonetheless, they represent important principles for the
understanding of environmental law around the world. Sustainable development
Defined by the United Nations Environment Programme as “development that
meets the needs of the present without compromising the ability of future
generations to meet their own needs”, sustainable development may be considered
together with the concepts of integration (development cannot be considered in
isolation from sustainability) and interdependence (social and economic
development, and environmental protection, are interdependent). Laws mandating
environmental impact assessment and requiring or encouraging development to
minimize environmental impacts may be assessed against this principle.
The modern concept of sustainable development was a topic of discussion at
the 1972 United Nations Conference on Human Environment (Stockholm
Conference), and the driving force behind the 1983 World Commission on the
Environment and Development (WCED, or Bruntland Commission). In 1992, the first
UN Earth Summit resulted in the Rio declaration, Principle 3 of which reads: “The
right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations”. Sustainable development
has been a core concept of international environmental discussion ever since,
including at the World Summit on Sustainable Development (Earth Summit 2002),
and the United Nations Conference on Sustainable Development (Earth Summit
2012, or Rio+20)

Equity - Intergenerational equity

 Defined by UNEP to include intergenerational equity - "the right of future
generations to enjoy a fair level of the common patrimony”-and intragenerational
equity-“the right of all people within the current generation to fair access to the
current generation’s entitlement to the Earth’s natural resources”-environmental
equity considers the present generation under an obligation to account for long-
term impacts of activities, and to act to sustain the global environment and
resource base for future generations. Pollution control and resource management
laws may be assessed against this principle.

Transboundary responsibility
Defined in the international law context as an obligation to protect one’s own
environment, and to prevent damage to neighboring environments, UNEP considers
transboundary responsibility at the international level as a potential limitation on
the rights of the sovereign state. Laws that act to limit externalities imposed upon
human health and the environment may be assessed against this principle.
Public participation and transparency
Identified as essential conditions for “accountable governments, industrial
concerns," and organizations generally, public participation and transparency are
presented by UNEP as requiring "effective protection of the human right to hold and
express opinions and to seek, receive and impart ideas, a right of access to
appropriate, comprehensible and timely information held by governments and
industrial concerns on economic and social policies regarding the sustainable use of
natural resources and the protection of the environment, without imposing undue
financial burdens upon the applicants and with adequate protection of privacy and
business confidentiality," and "effective judicial and administrative proceedings”.
These principles are present in environmental impact assessment, laws requiring
publication and access to relevant environmental data, and administrative
procedure
Precautionary principle
One of the most commonly encountered and controversial principles of
environmental law, the Rio Declaration formulated the precautionary principle as
follows:
In order to protect the environment, the precautionary approach shall be
widely applied by States according to their capabilities. Where there are threats of
serious or irreversible damage, lack of full scientific certainty shall not be used as a
reason for postponing cost-effective measures to prevent environmental
degradation.
The principle may play a role in any debate over the need for environmental
regulation.
Prevention
The concept of prevention can perhaps better be considered an overarching
aim that gives rise to a multitude of legal mechanisms, including prior assessment
of environmental harm, licensing or authorization that set out the conditions for
operation and the consequences for violation of the conditions, as well as the
adoption of strategies and policies. Emission limits and other product or process
standards, the use of best available techniques and similar techniques can all be
seen as applications of the concept of prevention.
Polluter pays principle
The polluter pays principle stands for the idea that "the environmental costs
of economic activities, including the cost of preventing potential harm, should be
internalized rather than imposed upon society at large”. All issues related to
responsibility for cost for environmental remediation and compliance with pollution
control regulations Involve this principle.

TREATIES/CONVENTION/PROTOCOL
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal (1992)
The most comprehensive global environmental agreement on hazardous and
other wastes which aims to protect human haith and the environment against the
adverse effects of hazardous wastes:
1. generation and management
2. trans-boundary movements
3. disposal

CONVENTION ON BIOLOGICAL DIVERSITY

Resulted from the recognition that damage to biodiversity can only be
effectively dealt with in a comprehensive manner (not dealing with specific species
or habitats)
Three main objectives:
1. conservation of biodiversity
2. sustainable use of its components.
3. fair and equitable sharing of the benefits arising from generic resources

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES(CITES)

An international agreement between governments which aims to ensure that
international trade in specimens of wild animals and plants does not threaten their
survival.
Widespread information dissemination about the endangered status of many
prominent species such as the tigers and elephants.

CONVENTION ON MIGRATORY SPECIES OF WILD ANIMALS (BONN

CONVENTION)
It aims to conserve terrestrial, marine and avian migratory species
throughout their range (global scale) which aims to conserve populations of:
 European Bats; Cetaceans of the Mediterranean Sea
 Black Sea and Contiguous Atlantic Area
 Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas
 Seals in the Wadden Sea; African Eurasian Migratory Waterbirds
 Albatrosses and Petrels
 Gorillas and their Habitats

KYOTO PROTOCOL
It broke a new ground by defining three innovative "flexibility
mechanisms" to lower the overall costs of achieving its emissions targets. The
mechanisms enable Partie to access cost effective opportunities to reduce
emissions or to remove carbon from the atmosphere in other countries. Emissions
trading (carbon market) Clean development mechanism-Joint implementation
United Nations Framework Convention on Climate Change (UNFCCC)
  Consider what can be done to reduce global warming and to cope with
whatever temperature increases are inevitable.
 To keep the maximum temperature rise to below 2 degrees Celsius
 The commitment to list developed country emission reduction targets and
mitigation action by developing countries for 2020
 Mechanisms to support technology transfer and forestry.

International law
Global and regional environmental issues are increasingly the subject of
International law debates over environmental concerns implicate core principles of
international law and have been the subject of numerous international agreements
and declarations.
Customary International law is an important source of international
environmental law. These are the norms and rules that countries follow as a matter
of custom and they are so prevalent that they bind all states in the world. When a
principle becomes customary law is not clear cut and many arguments are put
forward by states not wishing to be bound. Examples of customary international law
relevant to the environment include the duty to warn other states promptly about
icons of an environmental nature and environmental damages to which another
state or states may be exposed, and Principle 21 of the Stockholm Declaration
(good neighborliness' or sic utere).
Numerous legally binding international agreements encompass a wide variety
of issue-areas, from terrestrial, marine and atmospheric pollution through to
wildlife, and biodiversity protection. International environmental agreements are
generally multilateral (or sometimes bilateral) treaties (a. k. a. convention,
agreement, protocol, etc.).

Protocols are subsidiary agreements built from a primary Treaty.

They exist in many areas of international law but are especially useful in the
environmental field, where they may be used to regularly incorporate recent
scientific knowledge. They also permit countries to reach agreement on a
framework that would be contentious if every detail were to be agreed upon in
advance. The most widely known protocol in international environmental law is the
Kyoto Protocol, which followed from the United Nations Framework Convention on
Climate Change. while the bodies that proposed, argued, agreed upon and
ultimately adopted existing international agreements vary according to each
agreement, certain conferences, including:
 1972's United Nations Conference on the Human Environment,
 1983's World Commission on Environment and Development,
 1992's United Nations Conference on Environment and Development and
 2002's World Summit on Sustainable Development have been particularly
important.

Multilateral Environmental agreements sometimes create an International

Organization, Institution or Body responsible for implementing the agreement.
Major examples are the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) and the International Union for
Conservation of Nature (IUCN).
International environmental law also includes the opinions of international courts
and tribunals. While there are few and they have limited authority, the decisions
carry much weight with legal commentators and are quite influential on the
development of international environmental law. One of the biggest challenges in
international decisions is to determine on adequate compensation for
environmental damages. The courts include the international court of justice (ICJ),
the international tribunal for the law of the sea (ITLOS) the European court of
justice, European court of human rights and other regional treaty tribunals.

Philippine Environmental Laws

The words "economy" and "ecology" both came from the Greek word oikos,
which means "home." A home is not house where division can be allowed.
Ecology is the study of the interactions between organisms and their environment.
Ecologists might investigate the relationship between a population of organisms and
some physical characteristic of their environment, such as concentration of a
chemical; or they might investigate the interaction between two populations of
different organisms through some symbiotic or competitive relationship.
For example, an interdisciplinary analysis of an ecological system which is being
impacted by one or more stressors right include several related environmental
science fields. In a setting where a proposed industrial development could impact
certain species by water and air pollution, biologists would describe the flora and
fauna, chemists would analyze the transport of water pollutants to the marsh,
physicists would calculate air pollution emissions and geologists would assist in
understanding the marsh soils and bay muds.
The 1987 Constitution spells out our national policy on the protection of our
environment in a lot of ways, the present Provisions in our fundamental law are
more forward-looking than our 1973 and 1935 Constitutions.
Environmental Law is still at its cradle years in our country. Although the embryo of
environmentalism has long been implanted into our consciousness by our
indigenous customs and traditions, it has not, until recently, been translated to a
body of coherent national policies and legal principles. The glacial growth of
environmental law in the county may be attributed to the fact that for most part of
our existence as a nation, activities inimical to the environment minimal.

RA of 9003- "Ecological Solid Waste Management Act of 2000

An act providing for an ecological solid waste management program, creating
the necessary institutional mechanisms and incentives, declaring certain acts
prohibited and providing penalties, appropriating funds therefore, and for other
Purposes.
Segregation and collection of solid waste shall be conducted at the barangay
level specifically for biodegradable, compostable and reusable waste.
Provided that the collection of non-recyclable materials and special wastes
shall be the responsibility of the municipality or city (Section 10)

The three R's - reduce, reuse and recycle - all help to cut down on the amount of
waste we throw away. They conserve natural resources, landfill space and energy.
Sitting a new landfill has become difficult and more expensive due to environmental
regulations and public opposition.
The Three R’s
There is a common mantra that many of us were taught as children but do
not always think of on a daily basis. The mantra is reduce, reuse, recycle, otherwise
known as the three r’s. Over the last half century, the amount of waste created per
person in the United States has almost doubled. The concept and promotion of the
three Rs was created to help combat the drastic increase in solid waste production.
The First 'R'- Reduce
The concept of reducing what is produced and what is consumed is essential
to the waste hierarchy. The logic behind it is simple to understand – if there is less
waste, there is less to recycle or reuse. The process of reducing begins with an
examination of what you are using, and what it is used for. There are three simple
steps to assessing the reduction value of an item or process-
Is there something else that can be used for this purpose? Using multi-use
items is essential to beginning reduction. One example would be a coffeepot and a
cappuccino maker. Both of them do distinctly different things, but you can buy a
coffeepot that has a steaming attachment on it so it can do both. The purchase of
the one item means that you don’t use two. It reduces the amount of production,
and the amount of waste packaging material that will be generated. Is this
something in that need to be done? A lot of our waste material comes from items
that are considered to be disposable. Not in the sense that you use something once
and then throw it away, that can actually be a part of environmental responsibility
when you are working with medical items - disposable in this sense means whether
or not what the item allows you to do has any real meaning or purpose.
Is the item a part of something that you need to do, or want to do in your life?
There is a limit to what you need to be prepared for in life. Chances are you won't
need a car that is equipped to handle a sandstorm in the desert. Buying one
encourages production, wastes your resources and creates more generative waste
than you can imagine. Always make sure that what you consume, or keep in your
life as preparation-matches the reality of potential opportunity in your life.
Here are some of things you can do to reduce the waste:
1. Print on both sides of the paper to reduce paper wastage.
2. Use electronic mail to reach out to people instead of sending paper mail.
3. Remove your name from the mailing lists that you no longer want to receive.
4. Use cloth napkins instead of paper napkins.
5. Avoid using disposable plates, spoons, glass, cups and napkins. They add to the
problem and result in large amount of waste.
6. Avoid buying items that are over-packaged with foil, paper, and plastic. This
excess packaging goes to waste
7. Buy durable goods that have long warranty. They generally run longer and save
landfill space.
Number 3 deals with the problems created by living within a culture of
consumerism. This type of consumption driven culture also makes fulfilling the
second "R" difficult, but it is getting easier to do.

The Second 'R'- Reuse

You may have a box of things you keep that are broken or that you don't
have a use for that you hang on to in-case you find another use for them; or you
may find bargains on old furniture or go trash picking and get things that you can
refinish in either case you are working towards reusing the item. Learning to reuse
items, or re-purpose them for a use different then what they are intended for is
essential in waste hierarchy. One of the best examples for how this is being done
today is the modular construction of homes and office buildings that is being
created out of discarded shipping containers. These large, semi-truck sized metal
containers represent a huge waste problem. Repurposing them as homes and
offices saves them from the landfills and doesn't require the additional expenditure
of nature resources to melt down and reconfigure the metals used to create them.
You may either reuse those items for your own use or donate so that others
can use them. You can reuse below items like:
1. Old jars and pots: Old jars and pots can be used to store items in kitchen. They
can also be used to store loose items together such as computer wires.
2. Tires: Old tires can either be sent to recycling station or can be used to make tire-
swing.
3. Used wood: Used wood can be used as firewood or can be used woodcrafts,
4. Newspaper: Old newspapers can be used to pack items when you're planning to
move to another home or store old terms.
5. Envelopes: Old and waste envelopes can be used by children to make short notes
6. Waste paper: Waste paper can be used to make notes and sketches and can be
send to recycling center when you don't need them anymore.

Items that can be donated to others include:

1. Old books: Your old books can be used by poor children or can be donated to
public libraries
2. Old clothes: Your unwanted clothes can be used by street children or can be
donated to charity institutions.
3. Old electric equipment: Old electric equipment can be donated to schools or
NGO's so that they can use them
4. Rechargeable batteries: Rechargeable batteries can be used again and again
and helps to reduce unnecessary wastage as opposed to batteries.
Apart from this, you can build a compost bin and reuse many waste items like used
tea bags. The waste then degrades and turns into compost that help your plants
grow and shine.

The Third 'R'-Recycling

The last stage of the waste hierarchy is to recycle. To recycle something
means that it will be transformed again into a raw material that can be shaped into
a new item. There are very few materials on the earth that cannot be recycled. One
of the issues facing communities that want to become more involved with a
recycling effort is that while the relying collection and sorting process may be
affordable to implement, there still has to be a facility to receive and transform the
discarded waste into a raw material. More progress is being made toward uniting
recycling plants with industries that can process the waste material through
agreements and incentive credits.
One need to learn as to what products can be recycled and what not. By
carefully choosing the products that can be recycled, can be a first step towards
efficient recycling.
1. Buy products from market that are made up of recycled materials i. e. the
product should be environment friendly.
2. Buy products that can be recycled such as glass jars.
3. Invent new ways to recycle different items.
4. Avoid buying hazardous materials that could pose difficulty for you to recycle.
Buy non-toxic products, whenever possible.
5. By products that have been made from recycled material
6. Use recycled paper for printing or making paper handicrafts

REPUBLIC ACT NO.9003-This Act shall be known as the "Ecological Solid

Waste Management Act of 2000
Policies of this Act
a) Ensure the protection of public health and environment;
b) Utilize environmentally-sound methods that maximize the utilization of valuable
resources and encourage resources conservation and recovery.
c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measure, including composing,
recycling, reuse, recovery, green charcoal process, and others, before collection,
treatment and disposal in appropriate and environmentally sound solid waste
management facilities in accordance with ecologically sustainable development
principles.
d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding incineration;
e) Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery,
f) Encourage greater private sector participation in solid waste management;
g) Retain primary enforcement and responsibility of solid waste management with
local government units while establishing a cooperative effort among the national
government, other local government units, non-government organizations, and the
private sector;
h) Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments;
i) Institutionalize public participation in the development and implementation of
national and local integrated, comprehensive and ecological waste management
programs; and
j) Strengthen the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and non-
formal education in order to promote environmental awareness and action among
the citizenry.

Definitions of Terms
1. Agricultural waste shall refer to waste generated from planting or harvesting
of crops, trimming or pruning of plants and wastes or run-off materials from farms
or fields;
2. Bulky wastes shall refer to waste materials which cannot be appropriately
placed in separate containers because of either its bulky size, shape or other
physical attributes. These include large worn-out of broken household commercial,
and industrial items such as furniture, lamps, bookcases, filing cabinets, and other
similar items;
3. Bureau shall refer to the Environmental Management Bureau;
4. Buy-back center shall refer to a recycling center that purchases or otherwise
accepts recyclable materials from the public for the purpose of recycling such
materials;
5. Collection shall refer to the act of removing solid waste from the source or from
a communal storage point;
6. Composting shall refer to the controlled decomposition of organic matter by
micro-organisms, mainly bacteria and fungi, into a humus-like product,
7. Consumer electronics shall refer to special wastes that include worn-out,
broken, and other discarded items such as radios, stereos, and TV sets:
8. Controlled dump shall refer to a disposal site at which solid waste is deposited
in accordance with the minimum prescribed standards of site operation;
9. Department shall refer to the Department of Environment and Natural
Resources;
10. Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or
placing of any solid waste into or in any land;
11. Disposal site shall refer to a site where solid waste is finally discharged and
deposited
12. Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source, segregated
transportation, storage, transfer, processing, treatment, and disposal of solid waste
and all other waste management activities which do not harm the environment
13. Environmentally acceptable shall refer to the quality of being re-usable,
biodegradable or compostable, recyclable and not toxic or hazardous to the
environment;
(n) Generation shall refer to the act or process of producing solid waste;
14. Generator shall refer to a person, natural or juridical, who last uses a material
and makes it available for disposal or recycling;
15. Hazardous waste shall refer to solid waste or combination of solid waste
which because of its quantity, concentration, or physical, chemical or infectious
characteristics may
16. Leachate shall refer to the liquid produced when waste undergo
decomposition, and when water percolate through solid waste undergoing
decomposition. It is a contaminated liquid that contains dissolved and suspended
materials;
17. Materials recovery facility - includes a solid waste transfer station or sorting
station, drop-off center, a composting facility, and a recycling facility;
18. Municipal waste shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters
19. Open dump shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and consideration for
environmental and health standards;

INSTITUTIONAL MECHANISM
National Solid Waste Management Commission. There is hereby established a
National Solid Waste Management Commission, hereinafter referred to as
Commission, under the Office of the President. The Commission shall be composed
of fourteen (14) members from the government sector and three (3) members from
the private sector. The government sector shall be represented by the heads of the
following agencies in their ex-officio capacity:
(1) Department or shall be rent and Natural Resources (DENR),
(2) Department of Enverior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways (DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;
(13) Technical Educatiation suits Development Authority (TESDA); and
(14) Philippine Information Agency.

The private sector shall be represented by the following:

a) A representative from non-government organizations (NGOs) whose
principal purpose is to promote recycling and the protection of air and water quality
(b) A representative from the recycling industry, and
c) A representative from the manufacturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or
sectors as it may deem necessary.
Provided, that representatives from the NGOs, recycling and manufacturing or
packaging industries shall be nominated through a process designed by themselves
and shall be appointed by the President for a term of three (3) year Provided,
further, That the Secretaries of the member agencies of the Commission shall
formulate action plans for the respective agencies to complement the National Solid
Waste Management Framework. The Department Secretary and a private sector
representative of the Commission shall serve as chairman and vice chairman,
respectively. The private sector representatives of the Commission shall be
appointed on the basis of their Integrity, high degree of professionalism and having
distinguished themselves in environmental and resource management. The
members of the Commission shall serve and continue to hold office until their
successors shall have been appointed and qualified Should a member of the
Commission fail to complete his/her term, the successor shall be appointed by the
President of the Philippines but only for the unexpired portion of the term. Finally,
the members shall be entitled to reasonable traveling expenses and honoraria.
The Department, through the Environmental Management Bureau, shall provide
secretariat support to the Commission. The Secretariat shall be headed by an
executive director who shall be nominated by the members of the Commission and
appointed by the chairman.

Powers and Functions of the Commission. -

The Commission shall oversee the implementation of solid waste
management plans and prescribe policies to achieve the objectives of this Act. The
Commission shall undertake the following activities:

(a) Prepare the National Solid Waste Management Framework;

(b) Approve local solid waste management plans in accordance with its rules and
regulations,
(c) Review and monitor the implementation of local solid waste management plans;
(d) Coordinate the operation of local solid waste management boards in the
provincial and city/municipal levels;
(e) To the maximum extent feasible, utilizing existing resources, assist provincial,
city and municipal solid waste management boards in the preparation, modification,
and implementation of waste management plans,
(f) Develop a model provincial, city and municipal solid waste management plan
that will establish prototypes of the content and format which provinces, cities and
municipalities may use in meeting the requirements of the National Solid Waste
Management Framework;
(g) Adopt a program to provide technical and other capability building assistance
and support to local government units in the development and implementation of
source reduction programs,
(h) Develop and implement a program to assist local government units in the
identification of markets for materials that are diverted from disposal facilities
through re-use, recycling, and composting, and other environment-friendly
methods: environmental rules and regulations;
(i) Develop a mechanism for the imposition of sanctions for the violation of
environmental rules and regulations;
(j) Manage the Solid Waste Management Fund,
(k) Develop and prescribe procedures for the issuance of appropriate permits and
clearances;
(l) Review the incentives scheme for effective solid waste management, for
purposes of ensuring relevance and efficiency in achieving the objectives of this
Act;
(m) Formulate the necessary education promotion and Information campaign
strategies
(n) Establish, after notice and hearing of the parties concerned, standards, criteria,
guidelines and formula that are fair, equitable and reasonable in establishing
tipping charges and rates that the proponent will charge in the operation and
management of solid waste management facilities and technologies;
(o) Develop safety nets and alternative livelihood programs for small recyclers and
other sectors that will be affected as a result of the construction and/or operation of
a solid waste management recycling plant or facility;
(p) Formulate and update a list of non-environmentally acceptable materials in
accordance with the provisions of the that proper consultation be conducted by the
Commission with all concerned Act. For this purpose, it shall be necessary that
proper consultation be conducted by the Commission with all concerned industries
to ensure a list that is based on technological and economic viability;
(q) Encourage private sector initiatives, community participation and investments
resource recovery-based livelihood programs for local communities.
(r) Encourage all local government agencies and all local government units to
patronize products manufactured using recycled and recyclable materials
(s) Propose and adopt regulations requiring the source separation and post
separation collection, segregated collection, processing, marketing and sale of
organic and designated recyclable material generated in each local government
unit; and
(t) Study and review the following:
i. Standards, criteria and guidelines for the promulgation and implementation
of an integrated national solid waste management framework; and
ii. Meetings - The Commission shall meet at least once a month
The presence of at least a majority of the members shall constitute a quorum. The
chairman, in his absence the vice-chairman, shall be presiding officer. In the
absence of the heads of the agencies mentioned in Section 4 of this Act, they may
designate permanent representatives to attend the meetings.
The National Ecology Center. There shall be established a National Ecology
Center under the Commission which shall provide consulting, information, training,
and networking services for the implementation of the provisions of this Act. In this
regard, it shall perform the following functions:
(a) Facilitate training and education in integrated ecological solid waste
management
(b) Establish and manage a solid waste management information data base, in
coordination with the DTI and other concerned citizens.

1. On solid waste generation and management techniques as well as the

management, technical and operational approaches to resource recovery;
2. Of processors/recyclers, the list of materials being recycled or bought by them
and their respective prices
(c) Promote the development of a recycling market through the establishment of a
national recycling network that will enhance the opportunity to
(d) Provide or face and disseminate stance in pilot modeling of solid waste
management facilities, and
(e) Develop, test and disseminate model waste minimization and reduction auditing
procedures for evaluating options. The National Ecology Center shall be headed by
the director of the Bureau in his ex officio capacity. It shall maintain a multi-
sectoral, multi-disciplinary pool of experts including those from the academe,
inventors, practicing professionals, business and industry, youth, women and other
concerned sectors, who shall be screened according to qualifications set by the
Commission. Role of the Department- For the furtherance of the objectives of this
Act, the Department shall have the following functions:
(a) Chair the Commission created pursuant to this Act;
(b) Prepare an annual National Solid Waste Management Status Report;
(c) Prepare and distribute information, education and communication
materials on solid waste management,
(d) Establish methods and other parameters for the measurement of waste
reduction, collection and disposal
(e) Provide technical and other capability building assistance and support to
the LGUs in the development and implementation of local solid waste management
plans and programs;
(f) Recommend policies to eliminate barriers to waste reduction programs;
(g) Exercise visitorial and enforcement powers to ensure strict compliance
with this Act,
(h) Perform such other powers and functions necessary to achieve the
objectives to this Act, and
(i) Issue rules and regulations to effectively implement the provisions of this
Act.

Visitorial Powers of the Department - The Department or its duly authorized

representative shall have access to, and the right to copy therefrom, the records
required to be maintained pursuant to the provisions of this Act. The Secretary or
the duly authorized representative shall likewise have the right to enter the
premises of any generator, recycler or manufacturer, or other facilities any time to
question any employee or investigate any fact, condition or matter which may be
necessary to determine any violation, or which may aid in the effective enforcement
of this Act and its implementing rules and regulations. This Section shall not apply
to private dwelling places unless the visitorial power is otherwise judicially
authorized.

Role of LGUs in Solid Waste Management - Pursuant to the relevant provisions

of R.A. No. 7150, otherwise known as the Local Government Code, the LGUs shall be
primarily responsible for the implementation and enforcement of the provisions of
this Act within their respective jurisdictions. Segregation and collection of solid
waste shall be conducted at the barangay level specifically for biodegradable,
compostable and reusable wastes: Provided. That the collection of non-recyclable
materials and special wastes shall be the responsibility of the municipality or city.
Provincial Solid Waste Management Board. A Provincial Solid Waste
Management Board shall be established in every province, to be chaired by the
governor. Its members shall include:
(a) All the mayors of its component cities and municipalities;
(b) One (1) representative from the Sangguniang Panlalawigan to be
represented by the chairperson of either the Committees on Environment or Health
or their equivalent committees, to be nominated by the presiding officer,
(c) The provincial health and/or general services officers, whichever may be
recommended by the governor,
(d) The provincial environment and natural resources officer,
(e) The provincial engineer;
 (f) Congressional representative/s from each congressional district within the
province,
(g) A representative from the NGO sector whose principal purpose is to
promote recycling and the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging industry

Republic Act No.9275- Philippine Clean Water Act of 2004

The Philippine Clean Water Act of 2004. Republic Act (R.A.) No. 9275 titled
"An Act Providing for a Comprehensive Water Quality Management and for Other
Purposes", also known as the Philippine Clean Water Act of 2004 (CWA) was signed
by former president Gloria Macapagal-Arroyo on March 22, 2004.

Republic Act No.8749-Philippine Clean Air Act of 1999

The State shall promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of local
government units to deal with environmental problems. The State recognizes that
the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay"
- provides for a comprehensive air pollution control policy

Other Philippine Laws on Environment and its protection:

R.A.9729- Climate of 2009.
- An act mainstreaming climate change into government policy formulations,
establishing the framework strategy and program on climate change, creating for
this purpose the climate change commission, and for other purposes.

R.A. No. 9512 – National Environmental Awareness Education Act of 2008

- Consistent with the policy of the State to protect and advance the right of
the people to a balance and healthful ecology in accord with the rhythm and
harmony of nature, and in recognition of the vital role of the youth in nation building
and the role of education to foster patriotism and nationalism, accelerate social
progress and promote human liberation and development, the state shall promote
national awareness on the role of natural resources in economic growth and the
importance of environmental conservation and ecological balance towards
sustained national development.
Republic Act 9175 Chain Saw Act (2002)
- An Act Regulating the Ownership, Possession, Sale, Importation and Use of
Chain Saws, Penalizing Violations and For Other Purposes
Persons authorized to possess or use chain saw:
 Has a subsisting number license agreement, production sharing agreement,
or similar agreements, or a private land number permit;
 Is an orchard and fruit tree farmer;
 Is an industrial tree farmer;
 Is a licensed wood processor and the chain saw shall be used for the cutting
of number that has been legally sold to said applicant
 Shall use the chain saw for a legal purpose
Republic Act No. 8485 Animal Welfare Act of 1998
 - Act to protect and promote the welfare of all animals in the Philippines by
supervising and regulating the establishments and operations of all
facilitates utilized for breeding, maintaining, keeping, treating or training of
all animals either as object of trade or as household pets, Pet animal shall
include bird. Any form of cruelty shalt be penalized
R.A. 8550(1998)- The Fisheries Code of the Philippines
- Defines the policies of the state in the protection, conservation and effective
management of fisheries stock as well as identifying allowable fishing methods in
Philippine coastal waters
Republic Act No. 7942- Philippine Mining Act of 1995
- All mineral resources in public and private lands within the territory and
exclusive economic zone of the Republic of the Philippines are owned by the
State.
- It shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through the
combined efforts of government and the private sector in order to enhance
national growth in a way that effectively safeguards the environment and
protect the rights of affected communities
Presidential Decree No.705 (Revising P.D. No.389)- The Forestry Reform Code
of the Philippines)
Republic Act No. 8550 (The Philippine Fisheries Code of 1998) - An Act
providing for the development, management, and conservation of fisheries and
aquatic resources, integrating all laws pertinent thereto, and for other purposes.
Republic Act No. 7942 (Philippine Mining Act of 1995)- In March 1995,
President Fidel Ramos signed into law the Philippine Mining Act (Republic Act No.
7942) which was designed to revive the mining industry and attract more foreign
investment by defining the agreements for mineral exploitation, and provide the
requirements for acquiring mining rights
Presidential Decree 984 (Revising R.A. 3931- Pollution Control Law)
Presidential Decree No.964 providing for the revision of Republic Act No. 3931,
commonly known as the Pollution Control Law, and for other purposes
RA.7160-Local Government Code of 1991
- Provides that local government should share with the national government
the responsibility in the management and maintenance of ecological balance
within their territorial jurisdiction subject to national policies and other
pertinent provisions of the code.
Presidential Decree 1586- Philippine Environmental Impact Statement
System Republic Act No. 6969 (Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990)-Authorizes the DENR to establish a
program to regulate, restrict or prohibit the importation, manufacture, processing,
sale destruction, use and disposal of chemical substances, and mixture that present
unreasonable risk and/or injury to health or the environment.
Republic Act No. 7586 (NIPAS ACT-An Act Providing for the Establishment and
Management of National Integrated Protected Areas System)
Commonwealth Act No.73 of 1936 (An Act Prohibiting the Hunting, Killing,
Wounding, or Taking of the Tamaraw)
Republic Act 3983 of 1932 (An Act for the Protection of Wild Flowers and Plants)
Presidential Decree No.374 (Amending Certain Section of R.A. 4846-Cultural
Properties Preservation and Protection Act
P.D. 1151(1979) - Philippine Environmental Policy Defines the general policies on
the pursuit of a better quality of life for the present and future generations and
mandates the undertaking the environmental impact assessments for all projects,
which may significantly affect the environment
P.D. 1586(1978)- Establishing an Environment Impact Statement System,
Including Other Environmental Management Related.
- Defines the framework for the implementation of the environmental impact
assessment as the mechanism to reconcile the impacts of development projects on
society and the physical environment.
P.D. 1152(1977) - Air Quality Management
- to achieve and maintain such levels of air quality as to protect public health
and to prevent to the greatest extent practicable, injury and/or damage to plant and
animal life and property, and promote the social and economic development of the
country.
P.D. 1219 (1977) – Providing for the Protection of Coral Ecosystems
- it is necessary that the exploration, exploitation, utilization, and
conservation of these resources be property regulated to ensure the preservation of
the country’s marine environment

P.D. 1015 (1976) – Banning the Operation of Commercial Fishing within a distance
of 7 kilometers from the shoreline.
- it is the policy of the state to uplift the economic condition of the municipal
and small-scale fishermen
P.D.1058 (1976)- Illegal forms of Fishing
- There is a need to increase the penalties for certain acts prohibited by
existing penal laws for a more effective protection of the nation's fish resources
P.D.1067 (1976)- Water Code of the Philippines
- adopts adequate measures to conserve and regulate the use of water in
commercial, industrial and residential areas. It also provides other policy guidelines
in water quality and management of water resources.
P.D. 389 (1974) (P.D. 705) - The Forestry Reform Code
- codifies, updates and raises forestry laws in the country. It emphasizes the
sustainable utilization of forest resources.
P.D.330 & P.D.953- Laws on Penalizing illegal Cutting of Trees
- public forests and forest reserves are important natural resources of the
country which must be preserved and conserved for future generations. It is the
solemn duty of every citizen to protect public forest and forest reserves from
indiscriminate logging, senseless denudation and wanton destruction the detriment
of the present and future generations.
P.D.953 & 1153-Laws on Tree Planting
- The planting of the trees on land adjoining the edge of rivers and creeks in
both a measure of beautification and reforestation and the planting of trees along
roads and areas intended for the common use of owners of lots in subdivisions will
provide shade and healthful environment therein.
P.D.704 (1974) - Preservation of Optimum Productivity of Fishery Resources
through Conservation and Protection.
- there is a compelling need to increase the production of fish to bring down
its price to a level which will be within the reach of our people, and the same time
ensure the continuity of out fishery resources in productive condition through wise
utilization and proper conservation
P.D.331 (1973) - Requiring that all Public Forests be developed, Managed, and
Utilized on a Sustainable Yield Basis with the Benefit of Technical Forestry know-
how of Registered Foresters
- The Philippine forests are the patrimony of the Filipino people and as such
they have to be developed, managed, and utilized in such a manner as to insure
their perpetuity in productive condition for the benefit of all Filipinos, living or yet to
be born
P.D.463(1974)-Providing for a modernized system of administration and
disposition of mineral lands and to promote and encourage the development of
exploitation.
- Mineral production is a major support of the national economy, and
therefore the intensified discovery, exploration, development and wise utilization of
the country's mineral resources are urgently needed for national development.
P.D. 1198(1977)-Reinforces this provision for restoration of mined-out areas to
this original condition to the extent possible. it is the policy of the State to create,
develop, maintain and improve conditions under which man can be most productive
and to insure the attainment of an environmental quality that enhances his dignity
and well-being
P.D. 1251(1977)- Imposing a fee on operating mining companies to be known as
"mine wastes and tailing fee" to compensate for damages to private landowners A
semi-annual fee to be known as "Mine Wastes and Tailings Fee" is hereby imposed
on all operating mining companies at such amount/s to be determined by the
Secretary of National Resources, upon the recommendation of the Director of Mines,
P.D.984(1976)- The Revision of Republic Act No.3931, Commonly Known as the
Pollution Control Law.
- It is hereby declared a national policy to prevent, abate and control pollution
of water, air and land for the more effective utilization of the resources of this
country,
P.D.1181(1977) (supplements the provision of P.D. 984)- Providing for the
Abatement, Control and Prevention of Vehicular Pollution & Establishing the
Maximum Allowance Emissions of Specific air Pollutants from all Types of Vehicle.
- It is the purpose of this Decree to prevent, control, and abates the emission
of air pollution from motor vehicles in order to protect the health and welfare of the
people and to prevent or minimize damage to property, and hazards to land
transportation.
P.D. 600(1974) (amended by P.D. 979) - Water Pollution Control prohibits the
discharge of oil, noxious liquid substances, and other harmful substances into the
country's inland and territorial waters.
P.D.825(1975)- Providing Penalty for Improper Disposal of Garbage and other
forms of Uncleanliness One of the principal aims of the New Society is to effect
social, economic and political reform through discipline and order;
P.D. 856(1975)- Sanitation Code Places the responsibility in the local government
units
P.D. 1144(1977)-Control of Pesticides
- it is a Government policy to provide adequate assistance to the agricultural
sector in line with national objective of increasing food production,

PNP MASTERPLAN SANGYAMAN

Likewise, the Philippine National police has a campaign plan named
SANGYAMAN. It is the PNP’s Master Plan to Help Protect and Preserve our
Environment, Cultural properties and Natural Resources.
 This master plan prescribes the guidelines to be followed by tasked PNP
Units/Offices in assisting lead government agencies in the enforcement of laws over
Philippine territorial waters, lakes, rivers, mountain ranges, forest, to include laws
and ordinances that have been set forth to preserve, protect and enhance our
environment and natural resources, in close coordination with the Department of
the Environment and Natural Resources, Department of Agriculture, National
Museum and other tasked government agencies and non-government organization.
The Philippines is one of the countries in the world blessed with significantly
rich natural resources. In fact, almost all kinds of minerals, metals, precious stones,
animal species, plants and trees can be found in this very unique archipelago.
However, Filipinos and foreigners alike have exploited these resources, and
even worse, to the extent of over exploiting and destroying it. The most affected are
our marine, aquatic and forest resources. The continuing degradation of our
remaining natural resources has reached critical proportion due to illegal
destructive methods for business or personal motives. Further contributing to the
deterioration of our environment is the exacerbating pollution emanating from
vehicles brought about by the rapid urban growth and industrialization.

OBJECTIVES
To protect, conserve, and develop our environment and natural resources, in
coordination with and in direct support of all government agencies

STRATEGIC CONCEPT
1. Operationalization of Integrated Area/Community Public Safety Plan One of the
areas of concern embodied in the Area/Community Public Safety is the protection of
the environment and natural resources/ As part of the strategic concept, the
INTEGRATED AREA COMMUNITY PUBLIC SAFETY PLAN (IA/CPSP) is the blue print for
the protection of lives and properties in a given locality and its concept requires the
total mobilization of all available resources and the simultaneous conduct of
complementary programs that will involve the civilian, police and military
components of society.
The primary responsibility of the PNP is to assist the DENR and other tasked
government agencies in the conduct of the anti-crime operations implementing
appropriate environmental, cultural, and natural resources protection laws.
2. Employment of both territorial units/offices and selected NSU’s in the conduct of
an all-out and sustained campaign to protect and preserve our environment, natural
heritage and natural resources should be executed in tandem concerned
government agencies.

BROAD OBJECTIVES
To protect, conserve and develop our environment and natural resources, in
coordination with and in direct support of all concerned government agencies.

SPECIFIC OBJECTIVES
1. Protect Lives-People must learn to properly utilize and protect our
environment, cultural properties and natural resources. It is unfortunate for our
country to have experienced disasters that claimed thousands of lives which can be
attributed to peoples 'reckless and erroneous utilization of our natural resources.
The disaster that had happened in Ormoc is a clear picture of nature's way of
retaliating to man's irresponsiveness.
 2. Enhance Public Safety- Public safety remains to be the top priority of
the PNP. Destruction of lives and property. Caused by continuous misuse, abuse,
and malpractices of the people on our natural resources must be fully stopped in.
order to protect these resources and promote public safety. Hence, the PNP, being
deputized to enforce environmental laws, should relentlessly conduct operations
that would effect the arrest and conviction of violaton and preempt the same from
ensuing.

Community Participation in the protection, conservation and development of

environment and natural resources. Community participation is an indispensable
element in the protection, conservation and development of natural resources. The
realization of the vision to live in a community with vast source of natural resources
and an environment worthy of emulation will come about through the voluntary
community support and cooperation to environmental protection law enforcement,
prevention and control activities

FIVE (5) IMMEDIATE CONCERNS THAT SHOULD BE ADDRESSED FOR THE

PROTECTION OF THE ENVIRONMENT, CULTURAL PROPERTIES AND
NATURAL RESOURCES
1. Protection of Forest
2. Protection of Fisheries, Marine Life, and Aquatic Resources
3. Ensuing Clean and Safe Land, Air and Water
4. Preservation of Endangered Species and other Wild Life
5. Protection of Cultural Properties

FOREST PROTECTION
Statistics from the Bureau of Forest Development (BFD) maintains that 11.1
million hectares of forest land are covered with timber, satellite data and surveys
conducted by other quarters reveal a considerably smaller figure. According to the
Forestry Development Center of the University of the Philippines, the remaining
living forest may only cover an area of between 1.9 million and 2.4 million hectares.
Similarly, United Nations Food and Agriculture Organization (UN-FAO) predicted that
the country may lose all its forests within 15 years of the continued destructions not
averted,

PROTECTION OF FISHERIES, MARINE LIFE AND AQUATIC RESOURCES

The Bureau of Fisheries and Aquatic Resources (BFAR) claims its inability to
stop illegal fishing and harvesting of has been hampered by lack of finance. The
lack of public awareness and cooperation in matters dealing with conservation is
another stumbling block in efforts to save the country's dwindling natural resources.
Coral reefs are considered one of the most productive ecosystems. Their
direct relationship with fish production has long been established: a healthy reef
supports more fish. And in a country like the Philippines, where a great percentage
of the population depends on the fishing as a means of livelihood, the importance of
coral reefs, cannot be underrated

ENSURING CLEAN AND SAFE LAND, AIR AND WATER

 The continuous alteration of the physical, chemical, nuclear and biological
properties of any water, air and/or land resources of the Philippines, or any
discharge of any liquid, gaseous, or solid wastes at will has created and rendered
harmful, detrimental or injurious effects to public health or welfare, and further
adversely their utilization for domestic, commercial, Industrial, agricultural,
recreational or other legitimate purposes.

PRESERVATION OF ENDANGERED SPECIES AND OTHER WILDLIFE

The profound impact of man’s activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation,
industrial advancement and man's ignorance have caused severe lost to our animal
and plant resources, Recent assessment on the quantity of the varieties of
terrestrial, wetland, and marine species of both flora and fauna revealed a very
disturbing figures. Eighty nine percent (89%) of the 558 species of birds nationwide
are recognized as threatened species, likewise 44% threatened species of mammals
and 8 species of endangered reptiles. Similarly, plants in the vast forest areas in the
country are continuously experiencing destruction.

PROTECTION OF CULTURAL PROPERTIES

The Philippines has a unique and rich cultural heritage. Evidences of this in
the form of ancient churches, ancestral homes, natural and man-made sceneries,
and the treasures contained within them are spread out throughout the island.
However, due to lack of awareness and attention, many of God-made and manmade
structures have fallen into disrepair. Because people have not been properly
educated, many historical landmarks are exploited and art pieces are disposed of
rather indiscriminately.

PROHIBITED ACTS I FINES AND PENALTIES REPUBLIC ACTS

PROHIBITED ACTS l FINES AND PENALTIES I REPUBLIC ACT 6969 TOXIC
SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL ACT OF 1990
Section 13. Prohibited Acts. - The following acts and omissions shall be
considered unlawful;
a. Knowingly use in chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or implementing rules
and regulations or orders;
b. Failure or refusal to submit reports, notices or on the information, access
to records as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
d. Cause, aid or facilitate, directly or indirectly, in the storage, importation or
bringing into Philippine territory, including its maritime economic zones, even in
transit, either by means of land, air or sea transportation or otherwise keeping
storage any amount of hazardous and nuclear wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties.
a). The penalty of imprisonment of six (6) months and one day to six (6)
years and one day and a fine ranging from Six hundred pesos (Php600.00) to Four
thousand pesos (PhP4,000.00) shall be imposed upon any person who shall violate
section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;
 In case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who
shall consent to or shall knowingly tolerate such violation shall be directly liable and
responsible for the act of the employees and shall be criminally liable as a co-
principal;
In case the offender is a government official or employee, he or she shall, in
addition to the above penalties, be deemed automatically dismissed from office and
permanently disqualified from holding any elective of appointive position.
b. The penalty of imprisonment of twelve (12) years and one day to twenty
(20) years, shall be imposed upon any person who shall violate section 13 (d) of this
Act. If the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;
In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to an
exemplary damage of at least Five hundred thousand pesos (PhP500,000.00), If it is
a foreign firm, the director and all officers of such foreign firm shall be barred from
entry into the Philippines, in addition to the cancellation of its license to do business
in the Philippines;
In case the offender is a government official or employee, he or she shall. In
addition to the above penalties be deemed automatically dismissed from office and
permanently be disqualified from holding any elective or appointive position.
c. Every penalty imposed for the unlawful importation, entry; transport,
manufacture, processing, sale or distribution of chemical substances or mixtures
into or within the Philippines shall carry with it the confiscation and forfeiture in
favor of the Government of the proceeds of the unlawful act and instruments, fools
or other improvements including vehicles, sea vessels and aircraft used in or with
which the offense was committed. Chemical substances so confiscated and forfeited
by the Government at its option shall be turned over to the Department of
Environment and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or
importation into the country of hazardous or nuclear wastes shall be under
obligation to transport or send back said prohibited wastes,
Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the
government be forfeited in its favor.
Section 15. Administrative Fines. In all cases of violations of this Act, including
violations of implementing and regulations which have been duly promulgated and
published in accordance with Section 16 of this Act, the Secretary of Environment
and Natural Resources is hereby authorized to impose a fine of not less than Ten
thousand pesos (Php 10,000.00), but not more than fifty thousand pesos
(PhP50,000.00) upon any person or entity found guilty thereof. The administrative
fines imposed and collected by the Department of Environment and Natural
resources shall accrue to a special fund to be administered by the Department
exclusively for projects and research active relative to toxic substances and
mixtures.

PROHIBITED ACTS I FINES AND PENALTIES I REPUBLIC ACT 9003

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
Section 48. Prohibited acts - The following acts are prohibited;
1. Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the
same;
2. Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
established pursuant;
3. The open burning of solid waste.
4. Causing or permitting the collection of non-segregated or unsorted wastes:
5. Squatting in open dumps and landfills.
6. Open dumping. Burying of biodegradable or non-biodegradable materials in flood
prone areas.
7. Unauthorized removal of recyclable materials intended for collection by
authorized persons.
8. The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined in this Act, or closure of
said dumps in violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally acceptable
packaging materials
11. Importation of consumer products packaged in non-environmentally acceptable
materials;
12. Importation of toxic wastes misrepresented as "recyclable" or with recyclable
content.
13. Transport and dump log in bulk of collected domestic. Industrial, commercial
and institutional wastes in areas other than centers or facilities prescribe under this
Act:
14. Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with the land use plan
of the LGU:
15. The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps, or sanitary landfill: and
16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties

1. Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be
punished with a fine of hot less than three hundred pesos (P300.00) but not more
than one thousand pesos (P1,000.00) or render community service for rot less than
one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts
are committed, or both;
2. Any person who violates Sec. 48, pars (2) and (3), shall, upon conviction be
punished with a fine of not less than three hundred pesos (P300.00) but not more
than one thousand pesos (P1,000.00) or imprisonment of not less than one (1) day
but not more than fifteen (15) days, or both;
3. Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction,
be punished with a fine of not less than one thousand pesos (P1,000.00) but not
more than three thousand pesos (P3,000.00) or imprisonment of not less than
fifteen (15) day but to not more than six (6) months, or both,
4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00)
plus and amount not less than five percent (5%) but not more than ten percent
(10%) of his net annual income during the previous year.
5. The additional penalty of imprisonment of a minimum period of one (1) year but
not to exceed three (3) years at the discretion of the court, shall be imposed for
second or subsequent violations of Sec. 48, pars. (9) and (10).
6. Any person who violates Sec. 48, pars (12) and (13) shall, upon conviction, be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than
thirty (30) days but not more than three (3) years, or both,
7. Any person who violates Sec. 48, pars (14), (15) and (16) shall, upon conviction,
be punished with a fine not less than One hundred thousand pesos (P100,000.00)
but not more than One million pesos (P1,000,000.00), or Imprisonment not less than
one (1) year but not more than six (6) years, or both
8. If the offense is committed by a corporation, partnership, or other juridical
identity duly recognized in accordance with the law, the chief executive officer,
president, general manager, managing partner or such other officer-in-charge shall
be liable for the commission of the offense penalized under this Act.
9. If the offender is an alien, he shall, after service of the sentence prescribed
above, be deported without further administrative proceedings.
10. The fines herein prescribed shall be increased by at least ten (10%) percent
every live (3) years to come for inflation and to maintain the deterrent functions of
such fines.

Section 50. Administrative sanctions – Local government officials and officials

of government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations

PROHIBITED ACTS | FINES AND PENALTIES REPUBLIC ACT 9275 PHILIPPINE

CLEAN WATER ACT OF 2004
What are the prohibited acts under R.A. 92757?
Among others, the Act prohibits the following:
 Discharging or depositing any water pollutant to the water body, or such
which will impede natural flow in the water body
 Discharging, injecting or allowing to enter into the soil, anything that would
pollute groundwater
 Operating facilities that discharge regulated water pollutants without the
valid required permits
 Disposal of potentially infectious medical waste into sea by vessel
 Unauthorized transport or dumping into waters of sewage sludge or solid
waste.
 Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Toxic Chemicals Hazardous and Nuclear

Wastes Control Act (Republic. Act No.6969)

 Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act
 Noncompliance of the LGU with the Water Quality Framework and
Management Area Action Plan
 Refusal to allow entry, inspection and monitoring as well as access to reports
and records by the DENR in accordance with this Act
  Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
 Directly using booster pumps in the distribution system or tampering with the
water supply in such a way to alter impair the water quality
 Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutants listed under R.A.
No.6969, into water bodies
 Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.

What are the fines and penalties imposed on polluters?

The following are among the fines and penalties for violators of this Act and its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less tuan Php 10,000
but not more than Php 200,000.
Failure to undertake clean-up operations willfully shall be punished by imprisonment
of not less than two years and mot more than four years. This also includes a fine of
not less than Php 50,000 and not more than Php 100,000 per day of violation.
Failure or refusal to clean up which results in serious injury or loss of life or lead to
irreversible water contamination of surface, ground, coastal and marine water shall
be punished with imprisonment of not less than 6 years and 1 day and not more
than 12 years and a fine of Php 500,000/day for each day the contamination or
omission continues.
In cases of gross violation, a fine of not less than Php 500,000 but not more than
Php 3,000,000 will be imposed for each day of violation. Criminal charges may also
be filed.

PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 8749

PHILIPPINE CLEAN AIR ACT OF 1999
Section 1. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these
Implementing Rules and Regulations, fine of mot less than Ten Thousand Pesos (P
10,000.00) but not more than One Hundred Thousand Pesos (P 100,000.00) or sex
(6) years imprisonment or both shall be imposed. If the offender is a juridical
person, the president, manager, directors, trustees, the pollution control officer or
officials directly in charge of the operation shall suffer the penalty herein provided.
Section 2. Burning of Municipal Waste
Any person who bums municipal waste in violation of Sections 1 and 3 of Rule
XXV shall be punished with two (2) years and one (1) day to four (4) years
imprisonment
Section 3. Buning of Hazardous Substances and Wastes
Any person who bums hazardous substances and wastes violation of Section
1 of Rule XXV shall be punished with four (4) years and one (1) day to six (6) years
imprisonment
Section 4. Burning of Bio-Medical Waste.
Any person who burns bio-medical waste in violation of Section 4 of Rule XXV
shall be punished with four (4) years and one (1) to six (6) years imprisonment
Section 5. Smoking in Public Places
 Any person who smokes inside a public building or an enclosed public place
including public utility vehicles or other means of public transport or in any enclosed
area outside of his private residence, private place of work or any duly designated
smoking area shall be punished with six (6) months and one (1) day to one (1) year
imprisonment or a fine of ten thousand pesos (P 10,000.00)
Section 6. Disposition of Leaded Gasoline.
Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce,
Conveyance or other Disposition of Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce, conveys or otherwise disposes of, in any manner, leaded gasoline shall
be punished with three (3) years and one (1) day to five (5) years imprisonment and
liable for the appropriate fine as provided in Section 1.
Section 7. Manufacture, importation, sale, offer for sale, Introduction into
Commerce, Conveyance or other Disposition of Engines and/or Engine Component
Requiring Leaded Gasoline.
Any person who manufactures, imports, sells, offer for sale, introduces into
commerce, conveys or otherwise disposes of, or in any manner engines and/or
engine components which require the use of leaded gasoline shall be punished with
three (3) years and one (1) day to five (5) years imprisonment and liable for the
appropriate fine ass provided in Section 1.
Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Unleaded Gasoline Fuel which do
not meet the fuel.
Specifications- Any person who manufactures, sells, offer for sale, dispenses,
transports or introduces into commerce unleaded premium gasoline fuel in violation
of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by
the DOE shall be punished with three (3) years and one (1) day to five (5) years
imprisonment and liable for the appropriate fine as provided in Section 1.
Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Automotive Diesel Fuel which do
not Meet the Fuel.
Specifications - Any person who manufactures, sells, offers for sale, dispenses,
transports or introduces into commerce automotive diesel fuel in violation of
Section 3 of Rule XXX1 or which do not meet the fuel specifications as by the DOE
shall be punished with three (3) years and one (1) day to five (5) years
imprisonment and liable for the appropriate fine as provided in Section 1.
Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without Prior
Registration of the Fuel or Fuel Additive with the DOE
Any person who manufactures, processes, or engages in the trade of any fuel
or fuel additive without having the fuel or fuel additive registered with the DOE shall
be punished with two (2) years and one (1) day to four (4) years of imprisonment
and liable for the appropriate fine as provided in Section 1.
Section 12. Misfuelling
Misfueling refers to the act of introducing or causing or allowing the
introduction of leaded gasoline into any motor vehicle equipped with a gasoline
tank filler inlet and labeled "unleaded gasoline only."
Any person who misfuels shall be punished with one (1) year and one(1) day
to three (3) years imprisonment or a fine of twenty thousand pesos (P 20,000.00)

PROHIBITED ACTS I FINES AND PENALTIES | PRESIDENTIAL DECREE 1586

ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF 1978
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the Philippine EIS System is based on the
Section 9.0 provision of P.D. 1586, as follows:
Penalty for Violation. Any person, corporation or partnership found violating Section
4 of this Decree, or the terms and conditions in the issuance of the Environmental
Compliance Certificate, or of the standards, rules and regulations issued by the
National Environmental Protection Council pursuant to this Decree shall be punished
the suspension or cancellation of his/its certificate and/or a fine in an amount not to
exceed fifty thousand pesos (50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection Council."
Section 4 of P.D.1586 states that "No person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area
without first securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative."
Suspension of ECC’s (Environmental Compliance Certificate)
ECC’s may be suspended for violation of Proponents to comply with ECC
conditions. It is noted that ECC suspension does not necessarily mean the
Proponent is absolved of its responsibility in implementing its approved
Environmental Management Plan (EMP) P.D. 1586 does not preclude the fact that
DENR may require the Proponent to institute environmental safeguards/measures to
prevent further threat or actual damage to the environment

Authority to Impose Fines and Penalties

Imposition of fines and penalties is vested on the Directors of the EMB Central
Office or Regional Office upon persons or entities found violating provisions of P.D.
1586 and Its Implementing Rules and Regulations.

Cease and Desist Order

The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO)
based on violations under the Philippine EIS System to prevent grave or irreparable
damage to the environment which cannot be attributed to specific environmental
laws (e.g. RA 8749, RA 9275, RA 6969, etc). Such CDO shall be effective
immediately. An appeal or any motion seeking to lift the CDO shall not stay its
effectivity. However, the DENR shall act on such appeal or motion within ten (10)
working days from filing.

Publication of Firms
The EMB may publish the identities of firms that are in violation of P.D. 1586 and its
Implementing Rules and Regulations despite repeated Notices of Violation.
Scope of Violations-Violations of provisions of PD 1586 and DAO 2003-30 are
classified as follows:
1. Projects with or without ECCs which pose grave and/or irreparable
danger to environment, life and property;
Projects which are established and/or operating without an ECC: A project
that has commenced its implementation is seemed "operating without an ECC",
whether or not it is in actual operation. The phrase "operating without ECC" refers
all projects that were implemented without ECC that should have been required by
the P.D. 1586 IRR. Operating than ECC secured from agencies or entities other than
DENR is also considered operating without EQO until such projects have complied
with the PEISS in securing an ECC.
2. Projects violating ECC conditions and EMP Commitments and other
procedural requirements of the Philippine EIS System:
Violations in relation to ECC conditions are classified as minor and major
offenses, differentiated by schedule of fines based on seriousness and of the
offense:

MINOR Offenses (violations of administrative conditions in the ECC and the EIS
System procedures, rules and regulations that will not have direct significant impact
on the environment but can impede or delay compliance against other ECC
conditions and/or EMP commitments which the Proponent’s environmental
performance, such as
1. Non-submission or delay in submission of reports/requirements
2. transfer of ownership of the project ECC without prior approval from ECC issuing
authority.
3. delay or failure to initiate formation or implementation of ECC conditions which
do not have significant impacts on the environment such as formation of EU, MMT,
EMF, EGF enhancement measures and other similar/equivalent requirements prior
to the required deadline in the ECC
4. non-compliance with other administrative conditions in the ECC
5) non-compliance with administrative and technical procedural guidelines in the
Dao 2003-30 and its Revised Procedural Manual; and
6. Other offenses deemed "minor" at the discretion of the EMB CO/RO Director.

MAJOR Offenses (violations of substantive conditions in the ECC and the EIS
System procedures, rules and regulations that will have significant impact on the
environment and which the Proponent is required to comply), such as
1) non-implementation of substantive conditions in the ECC on the EMP and EMoP
and other related substantive commitments in the EIA Report, including
modifications during EIA Report Review,
2) exceedance of project limits or area;
3) significant addition of project component or product without prior DENR-EMB
approval;
4) major change in project process or technology resulting in unmitigated significant
impacts not addressed by approved EMP;
5) Other offenses deemed "major" at the discretion of the EMB CO/RO Director.

d. Misrepresentations, whether material or minor constitute violations on the theory

that full disclosure in the EIA Report is the key to the effective use of the EIS System
as a planning and management tool.