I.

Chapter 1 In providing the guilt of the accused in court the fact of the existence of the
GENERAL PRINCIPLES crime must be established; the defendant must be identified and associated
OF INVESTIGATION with the crime scene; competent and credible witnesses must be available;
and the physical evidence must be appropriately identified. The proof of
guilt will depend on the establishment of the essential elements of the crime.
1. Investigation Defined. - - The collection of facts to accomplish threefold The investigator must know by heart the elements of a specific crime.
aim: a) to identify the guilty party; b) to locate the guilty party; and c) to
provide evidence of his guilt. 4. Standard Methods of Recording Investigation:

In the performance of his duties, the investigation must seek to establish the a) Photographs;
six (6) cardinal points of investigation, namely: what specific offense has b) Sketching crime scene;
been committed; how the offense was committed; when it was committed; c) Written noted (what you have seen or observed);
and why it was committed. d) Developing and lifting fingerprints found at the crime scene;
e) Gathering physical evidence;
2. Tools of an investigator in Gathering Facts: f) Plaster cast;
g) Tape recording of sounds;
a) Information – Data gathered by an investigator from other persons in- h) Video tape recording of objects; and
cluding the victim himself and from: i) Written statements of subject(s) and witnesses.

1) Public records; j) Scientific Examination of Real Evidence.

2) Private records; and
3) Modus operandi file. a) The crime Scene Search.
(i) Processing and Securing a Crime Scene. – Processing a crime
b) Interrogation – Skillful questioning of hostile witness and suspects. scene includes the application of diligent and careful methods by an
c) Instrumentation – Scientific examination of real evidence; application of investigator / policemen to recognize, identify, preserve and collect
instrument and methods of the physical science in detecting crime. facts and items of evidentiary value which actually occurred.
3. Phases of Investigation: (ii) Protecting the Crime Scene and the Evidence – Successful crime
scene processing depends upon the policeman’s or investigator skill
The main objective of a police investigator is to gather all facts in order to in recognizing and collecting facts and items of value as evidence,
(a) identify the criminal [though] I) confession; ii) eyewitness testimony; iii) and upon his ability toprotect, preserve, and later, to present these
circumstantial evidence; and iv) associate evidence.]; b) trace and locate in a logical manner.
the criminal; and c) prove by evidence the guilt of the suspect/s. b) Laboratory examination of objects and substances located usually at the
crime scene. Objects and substances needing examination in some
 cases are carried, intentionally or unintentionally, by suspects from the 6. Interview.
crime scene.
k) Scientific Examination of Real Evidence. a) Includes so-called interrogations which are actually interviews.
b) Also includes electing information from witnesses and confidential infor-
c) The crime Scene Search. mants.
(j) Processing and Securing a Crime Scene. – Processing a crime
scene includes the application of diligent and careful methods by an 1. Custodian Investigation.
investigator / policemen to recognize, identify, preserve and collect It is the skillful questioning of a suspect or a hostile witnesses to divulge information
facts and items of evidentiary value which actually occurred. concerning the crime under investigation
(iii) Protecting the Crime Scene and the Evidence – Successful crime
2. Custodial Interrogation.
scene processing depends upon the policeman’s or investigator skill
in recognizing and collecting facts and items of value as evidence,
It is the stage wherein police investigators begin to focus on the guilt of
and upon his ability toprotect, preserve, and later, to present these
the suspect, and the suspect is taken into custody or deprived of his/her
in a logical manner.
freedom of action in any substantial manner.
d) Laboratory examination of objects and substances located usually at the
It must be remembered, however, that police investigator cannot learn
crime scene. Objects and substances needing examination in some
proper interrogation merely by reading books. The success of interrogation de-
cases are carried, intentionally or unintentionally, by suspects from the
pends on its legality, topic, physical insight and experience.
crime scene.

5. Investigator’s Notebook.

a) Purpose: Considering the mass of details and the number of cases

which in some instant cases an investigator is handling, it is very possi-
ble that he might forget some details. Many of the details associated
with the investigation while not essential to the report, might become
points of interest to the court when the case is brought to trial.
b) Recording Notes: The data of the investigation should be recorded in a
complete, accurate and legible fashion so that in the event another inves-
tigator is required to assume the responsibility for the investigation, he
can make intelligent use of the notebook.
 e. Determine and record the names of those persons at the scene
Chapter 2 who may be witnesses, and separate them. These persons should be removed
PROCEDURE AT THE CRIME SCENE from the immediate area of the scene as soon as practicable.

1. Steps to be Followed Upon Arrival at any Crime Scene f. Conduct preliminary questioning of witnesses, suspects and victim(s)
to determine in general the extent of the incident or crime.
a. Record the date, arrival time and weather condition.
b. If an injured persons is on the scene, arrange for medical attention, g. Note the names of all persons officially present. Those present
identification and removal. The scene should be disturbed only to the extent within the immediate area of the scene should be only the minimum number
necessary to have medical aid rendered to the injured or to have a doctor ex- needed to assist the investigator. It may be necessary to request other police-
amined a deceased victim. Each alteration should be accurately recorded. men or officials present to refrain from examining or disturbing objects or as-
c. If the offender is at the scene, apprehend him. pects of the scene.
d. If the scene not fully protected, ensure its protection by using other po-
licemen or other responsible person to keep witnesses, suspects, and victim(s)
who are present from disturbing the scene. .
2. Recording.
(i) It may be necessary to re-route traffic, to prohibit employees from en-
tering their place of employment, or to take other action to prevent any distur- The investigator begins the process of recording pertinent facts and de-
bance of the scene until a complete examination is made. The body of a de- tails of the investigation the moment he arrives at the crime scene. (Of
ceased victim (if there is any) should not be covered until thorough processed course, he records the time when he was initially notified prior to his arrival.)
for evidence. Preventive covering could He writes down the identification of persons involved and what he initially sees.
He also draws a basic sketch of the crime scene and takes the initial photo-
(ii) Early action is taken to protect items of possible evidentiary value that graphs (if a photographer is available). This is to ensure that an image of the
may be destroyed by rain, fire or other cause before collection can be ef- crime scene is recorded before any occurrence that disturbs the scene. As a
fected. For rule, do not touch, alter or remove anything at the crime scene until the evi-
dence has been processed through notes, sketches and photographs, with
example, a raincoat or piece of canvass may be used to cover compres- proper measurements.
sion on the ground that are exposed to rain. Items that will melt should be physical nature of the scene and the crime or offense involved. Consequently,
shielded from the sun or other heat sources. Objects such as food and blood the scene is processed in accordance with prevailing physical characteristic of
should be covered to protect them from contamination. the scene and with the need to develop essential evidentiary facts peculiar to
the offense. a general survey of the scene is always made , however, to note
the location of obvious traces of action, the probable entry and exit points used
by the offender(s) and the size and shape of the area involved.
 may be necessary after the evidence and the statements obtained have been
B. In rooms, buildings, and small outdoor areas, a systematic search of evaluated.
evidence is initiated. (In the interest of uniformity), it is recommended that the
clockwise movement to be used.) The investigator examines each items C. In large outdoor areas, it is advisable to divide the area into strips
encountered on the floor, walls, and ceiling to locate anything that may be of ev- about four (4) feet wide. The policeman may first search the strip on his left as
identiary value. he faces the scene and then the adjoining strips.
You should:
D. It may be advisable to make a search beyond the area considered
(I) Give particular attention to fragile evidence that may be destroyed or to be the immediate scene of the incident or crime. For example, evidence may
contaminated if it is not collected when discovered. indicate that a weapon or tool used in the crime was discarded or hidden by
the offender somewhere within a square-mile area near the scene.
(ii) If any doubt exist as to the value of an item, treat it as evidence until
proven otherwise. (iv) Carefully protect any impression of evidentiary value in surfaces conducive
to making cast or molds. If possible photograph the impressions and make a
(iii) Ensure that the item or area where latent fingerprints may be cast or mold. E. After completing the search of the scene, the investiga-
present is closely examined and that action is taken to develop the prints. tor examines the object or person actually attacked by the offender. For exam-
ple, a ripped safe, a desk drawer the has been pried open or a rooms from
3. Searching for Evidence. which items have been stolen, would be processed after the remainder of the
scene has been examined for traces of the offender. In a homicide case,
A. Each crime scene is different, according to the (v) Note stains, spots, and the position of the victim should be outlined with a chalk or any other suitable
pools of liquids within the scene and treat them as evidence. material before the body is removed from the scene. If the victim has been
pronounced dead by a doctor or is obviously dead, it is usually advisable to
(vi) Note any peculiar odor emitting from the scene. examine the body, the clothing and the area under the body after the remainder
(vii) Treat as evidence all other items, such as hairs, fibers, and earth particles, of the scene has been search. This is to enable the policeman / investigator to
foreign to the area in which they are found - - for example, matter found evaluate all objects of specials interest in the light of all other evidence found at
under the victim’s fingernails. the scene.
F. Methods of Crime Scene Search / Bomb Search (See Chapter 25)
(viii) Proceed systematically and enterruptedly to the conclusion of the (i) Strip Search Method
processing of the scene. The search for evidence is initially completed
when after a thorough examination of the scene, the rough sketch, necessary
photographs and investigative notes have been completed and the inves-
tigator has returned to the point from which the search began. Further search
ILLUSTRATION 1
In this method, the area is blocked out in the form of rectangle. The three (3)
searches A, B, and C proceed slowly at the same pace along paths parallel to
one side of the rectangle. when a piece of evidence is found , the finder an - In this method, the three searches follow each other along the path of a
nounces his discovery and the search must stop until the evidence has been spiral, beginning on the outside and spiraling in toward the center.
cared for. A photographer is called, if necessary. The evidence is collected
and tagged and the search proceeds at a given signal. At the end of the rec- (iv) Zone Search Method
tangle, the searchers turn and proceed along new lanes as shown in the In this method, one search is assigned to each subdivision of a
above illustration. quadrant, then each quadrant is cut into another set of quadrant.

(ii) Double Strip Search Method (v) Wheel Search Method

In this method of search, the area is considered to be approximately circular.

The searches gather at the center and proceed outward along radii or
spokes. The procedure should be repeated several times depending on
ILLUSTRATION 2 the size of the circle and the number of searches. One shortcoming of this
methods is the great increase in the area to be observed as the searcher
The double strip or grid method of search is a modification of the Strip Search depart from the center.
Method (illustration 1). Here the rectangle is traversed first parallel to the base
then parallel to a side.
(iii) Spiral Search Method 4. Collecting Evidence.

This is accomplished after the search is completed, the rough sketch finished and pho-
tographs taken. Fragile evidence should be collected as they are found. All firearms (FA s)
found to have tampered serial numbers (SN s) shall be automatically subjected to
macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A
corresponding report to the Firearms and Explosive Office (FEO) must be
made for verification purpose. In the collection, the investigator should touch The scene is not released until all processing has been completed. The
the evidence only when necessary. release should be effected at the earliest practicable time, particularly when
an activity has been closed or its operations curtailed.
5. Removal of Evidence
11. Sketching Crime Scene.
A. The investigator places his initials, the date and time of discovery on
each item of evidence for proper identification. Pointers to Consider:

B. Items that could not be marked should be placed in a suitable con- A. To establish admissibility, the investigator must have had personal
tainer and sealed. observation of the data in question . In other words, the sketch must be
sponsored or verified.
6. Tagging of Evidence. B. REMINDER: Sketches are not a substitute for notes or photos; they
are but a supplement to them.
Any physical evidence obtained must be tagged before its submission to C. Types of Sketches:
the evidence custodian.
(i) Floor plan or “bird’s-eye view”;
7. Evaluation of Evidence (ii) Elevation drawing ;
(iii) Exploded view; and
Each item of evidence must be evaluated in relation to all the evidences, (iv) Perspective drawing.
individually and collectively.
D. Write down all measurements.
8. Preservation of Evidence. E. Fill in all the details on your rough sketch at the scene. (Final sketch
may be prepared at the office.)
It is the investigator’s responsibility to ensure that the every precaution is
exercised to preserve physical evidences in the state in which it was recov-
ered/obtained until it is released to the evidence custodian.
9. Releasing Evidence

Evidence in the investigator’s possession is released only to the evi-

dence custodian or another person designated by the investigator’s supervisor.

10. Releasing the Scene.

 Chapter 3 a) He must be a practical psychologist who understand the human psyche
INTERVIEW AND and behavior.
INTERROGATION b) He has a sincere interest in people. People who are reclusive generally
are not good interviews.
c) He is calm, has self-discipline and sensitive.
A. INTERVIEW d) He is courteous, decent and sensitive.
e) He is self-assured and professional. He is tactful, i.e., he knows what to
1. Interview Defined. – An interview is the questioning of a person believed to say and how to say it.
posses knowledge that is of official interest to the investigator. f) He is cordial and agreeable, and never officious. But he should avoid
over-familiarity.
2. Importance of Interview. – Inter view in crime investigation is very impor- g) He is purposeful, persistent and patient. Some people just cannot be
tance as the person interviewed usually gives hi account of an incident un- rushed.
der investigation of offers information concerning a person being investi- h) He is analytical.
gated in his own manner and words. i) He is flexible and cautions.
j) He is a good actor and can conceal his own emotion.
Basic Assumption: Nobody has to talk to law enforcers. No law compels a k) He avoids third degree tactics and never deviates from the fundamental
person to talk to the police if he does not want to. Therefore, people will principle that a person must be treated according to humanitarian and
have to be persuaded, always within legal and ethical limits, to talk to law legal receipts.
enforcers. This makes interviewing an art. l) He keeps the rules of evidence in mind.

3. The person Interviewed. 5. Planning the Interview. – In planning an interview, the investigator should,
Consider: as a general rule, select a place which will provide him with a psychological
a) His ability to observe. advantage. He should conduct the questioning as soon as possible after
b) His ability to remember. the occurrence.
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy. In planning the interview, the interviewer should consider.
e) His moral weaknesses because of drunkenness, drug addiction, his be- a) The facts of the case which have been established.
ing a pathologicaliar or similar factors. b) The information needed to complete the picture.
f) Emotional weakness springing from such sources as family problems, c) The sources of information that may be consulted such as files and
hatred, revenge, and love. records.
d) The possibility of confronting the suspect with physical evidence.
4. The Interviewer’s Personal Traits. e) The time available for the interview.
f) The time allowed by law.
6. Planning the interview. – Preparation of the Interviewing a witness, the a) The interview should identify himself and the agency to which he be-
law enforcer should mentally review the case and consider what information longs.
the witnesses can contribute. If the case requires it, he should acquaint b) He should try to size up the interviewee and reach a tentative conclusion
himself with the background of the witness. about his types, then use the best interview approach.
c) He should keep in mind the provision of law regarding the rights of peo-
7. Time, place and surrounding Circumstances. ple under custody investigation.
9. The body of the Interview.
a) It is not always possible to fix the time and place of an interview with the
witness can contribute. If the case requires it, be should acquaint himself a) The interviewee should be allowed to tell his own story in his own words
with the background of the witness. without interruption.
b) Interview of arrested persons should be made as soon as possible after (i) This allows for continuity and clearness.
the arrest. (ii) Range of interview is broadened.
c) Conduct interview whenever possible in your own turf, i.e., your office. (iii) It helps the interviewee on the matter later.
d) Have an interview room where there will be privacy. It should be a plain
room but not bleak. There should be few furniture , and no distracting b) Interviewee should keep to the point at issue and should not wander too
pictures, calendars or similar items. far from it.
e) Arrange it so that there will be no interrupt during the interview. c) Interviewer should be alert for hearsay information so he can question
f) Suspects should be interviewed separately and out of sight and earshot the interviewee on the matter later.
of each other. d) Do not interrupt a trend of ideas by abruptly asking a question.
g) If there are two interviewers, let one man be the prime interviewer. e) However, you may guide the interviewee with innocious questions such
h) Arrange chairs so that window light falls on the interviewee and not on as, “And then what did you do?”
the interviewer.
i) The interviewer should adapt his speech to the style best understood by 10. Questioning.
the subject. In dealing with an induce slouching or learning back, and
such positions are not conducive to proper interviews. a) Dominate the interview. Be careful not to allow the interviewee to be the
j) Straight-back chairs should be used for both subject and interviewer. one asking the questions.
Other types of chairs induce slouching or learning back, and such posi- b) Do not ramble. Have a reason for every question asked.
tions are not conducive to proper interviews. c) Follow the order of time and bring out the facts in that questioning and is
k) The interview should identify himself and refrain from pacing about the considered the easiest as people tend to think in terms of what hap-
room. pened first, then second, then third. The interviewer should get step by
step in learning all the details concerning the planning and commission
8. Opening the interview. of the crime and what happened after it was committed
 d) Exhaust each topic before moving on to the next. make a full disclosure of information in his possession which is pertinent to
l) Determine the basis for each materials statement. It might be hearsay. the investigation.
e) Keep your questions simple and understandable. Avoid double-edged or
forked questions. 2. Purpose of Interrogation:
f) The dangers of leading and misleading questions should be borne in
mind. A question which suggests to the witnesses the answer which the a) To obtain information concerning the innocence or guilt of a suspect.
interviewer desires is leading question. Questions which assume mate- b) To obtain a confession to the crime from a guilty suspect.
rial facts that have not been proven are misleading questions. c) To induce the suspect to make admissions.
g) Wait for the answer to one question before asking a second one. d) To know the surrounding circumstances of a crime.
h) Ask important questions in the same tone of voice as the unimportant e) To learn of the existence and location of physical evidence such as doc-
ones. uments or weapons.
i) As rule, avoid trick or bluffing questions. f) To learn the identify of accomplices.
j) Where it is necessary to inquiry into the past history of the interviewee g) To develop information which will lead to the fruits of the crime.
involving something unpleasant, it is wise to use introductory remarks m) To develop additional leads for the investigation.
deploring the need for the question and saying that it is one of the un- h) To discover the details of any other crime in which the suspect partici-
pleasant but necessary duties of an officer. pated.

11. Closing. 3. Preliminary Conduct. -- The interrogator should identify himself at the out-
set and state in general the purpose of the investigation. He must advise
a) Before closing the interview, the law enforcement should make a mental the suspect of his rights against self-incrimination and inform him that he
check of the purpose of the interview and should analyze what he has does not have to answer question and that, if he does answer, this answer
learned then decide whether he has attained his objective . he should can be used as evidence against him. He must inform the suspect of his
be guided in this respect by the 5 W’s and 1 H – What, Where, When, right to counsel and that a state appointed counsel will be made available
Who, Why and How. without cost to him if he so desires. The interrogator may not question the
b) The interview should always leave the door open for a re-interview. suspect unless the latter has definitely waived his right to be silent. Ordinar-
ily the investigator should be alone with the suspect and, of course, the lat-
B. INTERROGATION ter’s lawyer, if he has requested counsel.

II. IN GENERAL 4. The Interrogation Room. – The room should provide freedom from distrac-
tions. It should be designed simply to enhance the concentration of both the
1. Interrogation Defined. – An interrogation is the questioning of a person interrogator and the subject on the matter under questioning.
suspected of having committed an offense or of a person who is reluctant to
 Interrogation Techniques. -- The following are some of the techniques b) Non-Emotional offenders normally do not feel any guilt, so the best way
practiced by experienced investigation. to interrogate them is through the factual analysis approach, that is, by
a) Emotional Appeals – Place the subject in the proper frame of mind. reasoning with the subject and letting him know that his guilt has already
The investigator should provide emotional stimuli that will prompt the been, or will soon be, established.
subject to unburden himself by confiding. Analyze the subject’s per-
sonality and decide what motivation would prompt him to tell the truth, 2. Interrogation of Suspect Whose Guilt in Definite or Reasonably Cer-
then provide those motives through appropriate emotional appeals. tain.
b) Sympathetic Approach – The suspect may feel the need for sympathy
of friendship. He is apparently in trouble. Gestures of friendship may a) Maintain an attitude which shows that you are sure of yourself when you
win his cooperation. conclude that the subject is needed guilty.
c) Kindness – The simplest technique is to assume that the suspect will (i) don’t be very friendly with the subject and do not offer a hand-
confess if he is treated in a kind and friendly manner. shake.
d) Extenuation – The investigator indicates he does not consider his (ii) At the outset, accuse the subject of lying. If he reacts with anger,
subject’s indiscretion a grave offense. this usually indicates innocence, But if he remains calm, you can
e) Shifting the Blame – The interrogator makes clear his belief that the generally conclude that your suspicion of guilt is confirmed.
subject is obviously not the sort of person who usually gets mixed up (iii) Interruption of questioning by the subject may indicate innocence.
in a crime like this. The interrogator could tell from the start that he Silence is equated with guilt.
was not dealing with a fellow who is a criminal by nature and choice. (iv) Do not allow the subject to repeatedly deny his guilt.
The trouble with the suspect lies in his little weakness – he likes (v) Assume that the subject is guilty and proceed to ask why he com-
liquor, perhaps, or he is excessively fond of girls, or he has had a bad mitted the act, instead of wasting time on who did it.
run of luck in gambling. (vi) When interrogating a “big shot”, it may be useful to lower his sta-
f) Mutt & Jeff -- Two (2) agents are employed. Mutt, the relentless in- tus by addressing him by his first name, instead of using a little of
vestigator, who is not going to waste any time because he knows the respect.
subject is guilty. Jeff, on the other hand, is obviously a kind-hearted (vii) Remember that one who is trained in criminal interrogation is eas-
man. ier to question than an ordinary criminal since he has less confi-
III. CRIMINAL INTERROGATION: dence in himself as a liar.

1. Types of offender and Approaches to be Used in Dealing with Them: b) The subject should be made aware of the fact that the interrogator knows
information indicating his guilt and that the interrogator is not merely
a) Emotional Offenders have a greater sense of morality. They feel re- “:fishing” for evidence.
morse over what they have done. The best approach in interrogating this c) Let the subject know that he is showing signs of deception, some of
type of offender is the sympathetic approach. which are.
 (i) Pulsation of the carotid (neck) artery. i) Tell the subject that eleven (11) if he were your own brother (or any other
(ii) Excessive activity of the Adam’s Apple. close relative), you would still advise him to speak the truth.
(iii) Avoiding the eyes of the interrogator, swinging one leg over the j) Early in the interrogation, have the subject situate himself at the scene of
other, foot wiggling, winging of the hands, tapping of fingers, pick- the crime or in some sort of contact with the victim or the occurrence.
ing fingernails, etc. k) Seek an admission of lying about some incidental aspect of the occur-
(iv) Dryness of the mouth. rence. By achieving this, the subject losses a great deal of ground,
(v) Swearing to the truthfulness of assertions. This is frequently used bringing him nearer to the confession stage, because he can always be
by guilty subjects to strength their assertions of innocence. reminded by the interrogator that he has not been telling the truth.
(vi) “Spotless past Record” – “Religious Man.” These are asserted to l) Appeal to the subject’s pride by welling selected flattery or by a challenge
support statement which the subject knows, and realizes the inter- to his honor. Flattery is especially effective on women subjects.
rogator knows, to be false. m) Point out the uselessness of lying.
(vii) A “Not that I Remember” or “As far As I know” expression should n) Point out to the subject the grave consequence and futility of a continua-
be treated as a veiled admission or half truth. tion of his criminal behavior.
o) Rather than seek a general admission o f guilt, first ask the subject a
d) Sympathize with the subject by telling him that anyone else under similar question regarding some detail of the offense, or inquire as to the reason
conditions or circumstances might have done the same thing. for its commission.
e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of p) When co-offenders are being interrogated and the previously described
his offense. techniques have been ineffective, play one against the other. This is ef-
f) In order to secure the initial admission of reasons, motives or excuses to fective because when two or more persons have collaborated in the com-
the subject. mission of a
g) Sympathize with the subject by: q) criminal offense and are later apprehended for questioning, there is usu-
(i) Condemning his victim. During the questioning, the interrogator ally a constant fear on the part of each participant that one of them will
should develop the notion that the initial blame, or at least some of “talk” in exchange for some leniency or clemency.
the blame, for the crime nests upon the victim. 3. Interrogation of Suspect Whose Guilt is Uncertain:
(ii) Condemning the suspect’s accomplice. Bu the interrogator must
be cautious so that his comments are not misinterpreted by the a) Ask the subject if he knows why he is being questioned.
subject as leniency or exculpation from liability. b) Ask the subject to relate all he knows about the crime, the victim, and
(iii) Condemning anyone else upon whom some degree of moral re- possible suspects.
sponsibility might be placed for the commission of the crime. c) Obtain from the subject detailed information about his activities before,
during and after the occurrence under investigation. This is a good
h) In encouraging the subject to tell the truth, display some understanding method of testing the validity of the subject’s alibi.
and sympathy. d) Where certain facts suggestive of the subject’s guilt are known, ask him
about them rather casually and as though the real facts were not already
 known, to give the subject an opportunity to lie. His answer will furnish a d) View with skepticism the so-called conscience-stricken confession.
very good indication of his possible guilt or innocence, and if he is guilty, e) When a subject has made repeated denials of guilt to previous investiga-
hie position becomes very vulnerable when confronted with the facts tors, first question him, whenever circumstances permit, about some
possessed by the interrogator. other, unrelated offense of a similar nature of which he is also considered
e) At various intervals, ask the subject certain pertinent question in a man- to be guilty.
ner which implies that the correct answers are already known. f) An unintelligent, uneducated criminal suspect, with a low cultural back-
f) Refer to some non-existing incriminating evidence to determine whether ground, should be interrogated on a psychological level comparable to
the subject will attempt to explain it; if he does , that is an indication of that usually employed in the questioning of a child.
guilt.
g) Ask the subject whether he ever thought about committing the offense or 5. Interrogation of Witnesses and other Prospective Information.
one similar to it. If the subject admits he had though about committing
it, this fact is suggestive of his guilt. a) Give the witness or prospective informant an assurance that the offender
h) In theft cases, if the suspect offers to make restitution , that fact is in- will not harm him or any member of his family, and that there is a wit-
dicative of guilt. nesses protection program specially designed to meet that contingency
i) Ask the subject whether he is willing to take a lie-detector test. The inno- when it becomes necessary.
cent person will almost always immediately agree to take practically any b) If such witness or prospective informant refuses to cooperate with the po-
test to prove his innocence, whereas the guilty person is more prone to lice, try to sever any bond between him and the offender, and proceed to
refuse to take the test or to find execuse for not taking it, or for backing interrogate the witness or informant as if he were the suspect.
out of his commitment to take it.
j) A subject who tells the interrogator, “All right I’ll tell you what you want, Chapter 4
but I didn’t do it,” is, in all probability, guilty. DEVELOPMENTAL AND
CONTROL OF CONFIDENTIAL INFORMANTS
4. General Suggestion Regarding the Interrogation of Criminal Susu-
pects. 1. Confidential Informant Defined. – A confidential informant is an individual
information on a confidential basis with the understanding that his identify
a) Interview the victim, the accuser, or the discoverer of the crime before will no be made known.
interrogating the suspect.
b) Be patient and persistent. Never conclude an interrogation at a time a) Scientific approach in criminal investigation can assist law enforcers im-
when you feel discouraged and ready to give up; continue for a little measurably, but there is always that one case wherein the crime labora-
while longer. tory cannot help. This is the reason why investigator must to know the
c) Make no promise when asked, “What will happen to me if I’ll tell the man on the street, the man who can supply information.
truth?” A promise of leniency or immunity may induce an innocent man to b) Law enforcers must develop confidential informants everyday.
confession.
2. Need for Informations. b) Basic considerations.
(i) Contact must be made in a neutral place. The officer making the
a) Informants increase accomplishments in all areas of investigation. contact should not be in uniform or in police vehicles. Contact
b) Without confidential informants, the officer’s sources of information lim- should be made in such a manner that the informant’s association
ited to what he gets through formal interview. with the law enforcement agency will not be disclosed. Get the in-
c) Informants enable law enforcers to infiltrate the criminal element and former away from his local habitat. Call him by phone and let him
help lower criminal morale. Advance information improves crime preven- set the time and place.
tion and enables the police to find out the identify of transient hoodlums. (ii) Plan the Interview as to the type of “approach”. 1] Return of Fa-
d) Informants are an investigative “short cut” to make apprehension”. vor; 2] Monetary Consideration; 3] Appeal to prospect ego; 4] De-
velopment of “friendship” help because the informant respects the
3. Where to find Criminal Informants and Whom to develop. officer”. 5] Involvement in illegal activity; 6] Fear motive; 7] Re-
venge motive; 8] Perverse motive; 9] Bad publicity.
a) Legitimate persons and criminals. (iii) Officer’s ability. [1] Develop an informant to the point that he really
(i) Hoodlums, criminals , fences bookies, barbers, bartenders, pool- respect you. [2] Secretary in contacts cannot be over-emphasized.
room and dancehall operators, prostitutes, madams, pawnbrokers, [3] The informant may expect a few favors in return.
cab drivers, bell hops, service stations attendants, waitresses and
others. A class in themselves are persons who had been accused 5. Use of Informants.
or suspected of a crime.
(ii) Persons engaged in certain occupations should be considered. a) Maximum benefit. The confidential informant should be used for the
maximum benefit of the entire organization, not of only one (1) officer/in-
4. How to Develop Confidential Information vestigator.
b) A designated executive should be aware of the identify of the informant.
a) Constant need. – At least two (2) individual in the law enforcement agency should know
(i) No matter what our scientific development might be, there will al- the identify of confidential informant. This gives him the feeling that he is
ways come that time when we will need informants. really cooperating with the police. It is also possible that something
(ii) Development of confidential informants should therefore be a con- might happen to you which would mean the loss of the informant to the
tinuous process. entire police force. Besides the officer who developed the informant, it is
Evaluation of the individual being considered as possible informant: suggested that the other be a rank-officer to give the informant a feeling
(i) Does he have access to information? of importance.
(ii) Can be develop the trust of his associates? c) Consider a program within your respective commands for the develop-
(iii) Intelligence and physical courage. ment of informants.
(iv) His criminal record and background. (i) Keep records as to the ability of your men to develop informants.
(v) His pattern of behavior.
 (ii) Keep records as to the accomplishments of each of the infor- a) General qualification:
mants. This should tell you who among the informants should be (i) Well trained and experienced.
discarded. (ii) A calm, collected and resourceful individual with good judgement
(iii) Keep record as to fugitive apprehend, loot recovered and cases and wit.
given to you. (iii) Complete self-confidence to feel absolutely certain that he can
(iv) Maintain a tickler system to review your informant’s contribution to successfully play the part of the character he will assume.
your command. (iv) Courage and ability to meet unforeseen situation with quick,
Chapter 5 sound decision.
UNDERCOVER INVESTIGATION (v) Ability to avoid unwise entanglements with women involved in the
case or associated with the subject.
1. Preparation for undercover work should be sufficiently thorough: (vi) Ability to avoid unwise entanglements with women involved in the
case or associated with the subject.
a) To preclude compromise.
b) To minimize danger to the undercover operative. b) Specific qualification:
c) To ensure the ultimate success of the investigation. (i) Ability to act out an assumed role.
(ii) Good memory in an investigation in which no notes can be taken
2. Undercover investigation should not be attempted until other investiga- or reports submitted.
tive techniques have failed or are deemed impractical. (iii) Skill adaptable to the occupation assumed.
3. Factors to consider before undercover investigation is initialted. (iv) Physical appearance and capabilities consistent with his assumed
qualifications.
a) The exact result desired. (v) Well-grounded in the lingo and technique of the subject’s criminal
b) Jurisdiction. operations.
c) The importance of the investigation. (vi) In special situations, the underworld investigator should possess
d) Available planning information. certain linguistic abilities, hobbies, sports, musical talent and per-
e) Availability of qualified personnel. sonal back ground for the particular undercover assignment.
f) The equipment and preparation necessary. 5. Authority for undercover operations must be from the top officer of the or-
g) Danger to the investigator involved. ganization, for this may require coordination with other agencies.
6. The undercover operation must be known to the fewest number of per-
4. General and Specific Qualification. – Undercover work as a selective as- sons. Otherwise, the investigation of the operative himself might be jeopar-
signment requires that the investigator possess, in addition to certain gen- dized.
eral qualifications, specific qualifications required in the type of investigation 7. The background or cover story regarding the assumed identify of the un-
being conducted. dercover operative must be such that he can easily win the confidence of
 the suspect or organization sought to be infiltrated, and should seldom be d) Questioned Documents.
wholly fictitious. e) Dactyloscopy.
8. Badge and credentials must never be carried. f) Photography.
9. A weapon should only be carried if it is consistent with the background g) Polygraph.
story.
10. Provide safe communication systems between the undercover agent and 2. The service of the staff and the facilities of the PNPCLSC are available
Hqs relaying information or instructions. to NBI agents in matters relating to crime. The service cover.
11. Arrangement for drops and safehouses must be made and if necessary , a) Cooperation in certain cases with investigating operatives in the search
the undercover operative himself may be placed under surveillance. of crime scenes to ensure the collection of all materials which may yield
12. The undercover operative must never pose as a criminal unless no other evidence under scientific examination, and the submission of these ma-
approach appears adequate. terials to expert best qualified to undertake their examination.
13. The role of the undercover operative is to gather information or evidence b) Preparation of photographs, plans and scale models of scenes of crimes
against the suspect(s) or the organization, never to instigate the commission or serious accidents as an aid to the presentation of the evidence. Also,
of a crime. reproduction of suspect’s faces.
14. Plans for the operation must provide actions or alternatives in case the un- c) The Scientific examinations. This may cover:
dercover operative is arrested. (i) Remains of the deceased whose death is under investigation.
15. Reminders to the undercover operatives: (ii) Injuries suspected to have been caused by a criminal group.
a) Act as natural as possible. (iii) Firearms, bullets and cartridge shells.
b) Do not overplay the part. (iv) Fingerprints, palm prints and DNA.
c) Do not indulge in any activity which is not in conformity with the assumed (v) Documents including the handwritten or typewritten.
identify. (vi) Laundry and dry cleaner’s marks.
d) Do not make notes unless they are to be mailed or passed immediately. (vii) Clothing and textiles in general.
(use codes and never place return address in letters and envelopes.) (viii) Broken windows, headlamps and windscreens and the compari-
e) Do not use intoxicants to play the part. son of fragments of broken glass.
f) Limit association with women to that necessary to play the part. (ix) Foot and shoe impressions.
Chapter 6 (x) Tool Impression.
SCIENTIFIC AIDS TO (xi) Counterfeit coins, notes and counterfeiting materials.
CRIMINAL INVESTIGATION (xii) Rope and wire.
(xiii) Metal articles such as motor car engines and chassis, bicycles,
1. PNP Crime Laboratory Command. wireless sets and tools of trade, and wooden objects such as axe
a) Forensic Chemistry. handles and carpentry tools to restore erased or obliterated num-
b) Medico-legal bers or brands.
c) Firearms Investigation.
 (xiv) Photomicrography and the microscopic examination of miscella- g) Photographs. Write down and indicate or sketch the exact place and
neous matters requiring a consideration of minute detail. height from which any photographs is taken.
(xv) Substances and traces of substances for identification and corre- h) Sketch (especially in major violent, sensational crimes and accidents.)
lation. i) Insist on a systematic search, that is, the examination or search should
(xvi) Many others. be done in a definite order, methodically, not in a haphazard manner,
3. Principles to be Applied in Judging the Value of Scientific Evidence: whether inside a building orin the open.
j) In your search, consider:
a) If the material collected is common or widespread, its value as evidence (i) The line of approach and departure as well as the scene of the
is small, unless something peculiar can be found about it. crime itself.
b) As a general rule, the rarer and less widely distributed a substances or (ii) Obstacles such as fences, hedges, walls barbed wires, railing, fall
material, the greater its value as evidence when it is found in the course pipes, window sashes and anything that has been moved.
of an examination. (iii) Protuberances and rough edges.
c) The discovery of a number of materials, if taken singly, may have low ev- Chapter 7
identiary value but when taken collectively, their value as evidence may DESCRIPTION OF PERSONS AND
be great. TRACING THE FUGITIVE

4. The Search for Materials.

A. DESCRIPTION OF PERSONS
a) In every case, the first police officer at the scene of the crime should im-
mediately take steps to avoid the loss of useful traces. Wanted Persons.
b) Ensure that no unauthorized person approaches the scene.
c) All persons, including members of a household where the crime was a) Personal data and description should include the following:
committed should immediately be warned not to touch or disturb any-
thing. (i) Name – include aliases.
d) In cases of serious crimes, a guard should, if possible, be posted to pre- (ii) Address – present, and past if any.
vent entry to a room or house. (iii) Sex – because the name may not indicate sex.
e) If committed in the open, all access to the scene of the crime should be (iv) Color – brown, white, negro, etc.
prevented and care taken to protect from the weather any tracks (foot- (v) Nationality.
prints, stains, etc) which may be discovered. (vi) Age – if unknown, make an estimate.
f) The officer examining the crime scene should carefully write down notes (vii) Height – estimate in 2-inch blocks; for example, 5 feet 8 inches
of the scene and its condition. All subsequent activities and discoveries to 5 feet 10 inches.
should also be noted in writing. (viii) Weight – estimate in blocks of 10 pounds; for example, 130 to
140 pounds.
(ix) Build – large, medium, small; stocky or stout, obese, slender or (xxiv) Chin – normal, receding, protruding peculiarities such as small,
slim. large, double, flat or cleft chin.
(x) Posture – erect, stopped, round shouldered, stiff or slumped. (xxv) Neck – short, long, straight, curved; prominent Adam’s Apple,
(xi) Head-shape: round, flat on top, egg-shaped, high crown, or or other peculiarities.
bulging at the back. (xxvi) Shoulders – small, heavy, narrow, broad; square, round or
(xii) Hair – color, thick or thin texture, location or absence of the stooped.
part, sideburns, receding hairline, type of baldness.
(xiii) Ears – small, medium, large; shape: oval, round, triangular or b) Distinctive marks, scars, peculiarities and mannerisms:
rectangular; close to or sticking out from the head; lobes, if un-
usual shape. (i) Scars – size, shape and location.
(xiv) Face – describe as seen from the front; round, square, oval, (ii) Amputation and deformities – location, artificial braces, hearing
broad, long. aid, etc.
(xv) Complexion – smooth, rough, fair, dark. Sun- burned, freckled, (iii) Speech – slow, rapid, accent, stuttering, nasal tone, feminine
sallow, ruddy, pale or florid; indicate peculiarities such as if (for men) or masculine (for women), and general use of words.
pock marked or pimpled. (iv) Dress – neat or sloppy, flashy or conservative; type: work,
(xvi) Forehead – sloping, receding, medium or bulging. sport, business, cheap or expensive; hat and shoes by color
(xvii) Eyebrows – arched, straight, long short, united, thin, thick or and style; suits: color, etc,; shirts: style and color; ties: style
bushy, plucked or penciled. and color.
(xviii) Eyes – Large, medium or small; round or slanted; color; pecu- (v) Jewelry – type and where worn.
liarities such as squint, bloodshot, spots, protruding, sunken, (vi) Perfumes or lotions used.
watery, glass eye, eyebags, piercing, dull, fixed, mobile; (vii) Habits – neatness, use and form of tobacco, use of gum, type
glasses (including bifocals, thickness and type of rim). of drinks and food, drug addiction, scratching, backing, cough-
(xix) Nose – small, medium, large; thin or thick; flaring or small nos- ing, throat-clearing, finger nail-biting, cracking knuckles, shift-
trils. ing feet, gestures.
(xx) Mustache or beard – short, medium or long; color; thick or thin; (viii) General characteristics – describe any of all distinctive identify-
type of beard or side – burns. ing characteristics: for example, loud or unusual laughter, dead
(xxi) Lips – thick, thin, puffy; pouting, retracted over teeth; red, pale pan or poker face, associations with women, expressions,
or blue; hare-lip or other peculiarities. sports, gambling and places frequented, such as dance halls,
(xxii) Mouth – describe as seen from the front; small, medium, large; movie houses, pool parlors.
thin medium, thick.
(xxiii) Teeth – white, dull, stained; firm, loose; decayed; braces; bro- (c) General background – additional information such as the following
ken or chipped; false or jacket; missing; large or small; spaced, may be included: family history, marital status, education, employ-
if noticeable. ment, criminal record, friends and associates, medical history.
 B. TRACING THE FUGITIVE h) Notify former arresting officer.

1. The Fugitive. Consider the following: 3. Other Means of Apprehension.

a) His full name and unknown aliases. a) Cover the mail.

b) Description and distinctive marks etc. b) Tail his associates, relatives or girlfriends.
c) Modus operandi. c) Cover the postal telegraph.
d) Motive. d) Where relatives or close friends are known to be in a hospital or insti-
e) Associates, past and present, and girlfriends. tution, cover the same for visits.
f) Habits and hangouts; resorts he is known to frequent. e) If he is a seaman, contact the local shipping or marine agencies (he
g) Criminal record – photograph, fingerprints (NBI record check.) must have papers that will give leads as to his whereabouts.)
h) Residence – last known and previous locations. f) Place a stop at the Department of Foreign Affairs, Passport and Visa
i) Employment – last known and previous employers. Division, if you have reason to believe that the subject will go abroad.
j) Relatives – names and addresses of all available. Sources of Information:
k) Close friends – names and addresses.
l) Physical condition. a) Police officers, PNP records, NBI records, records of local police
m) LTO record check (verification), operators – chauffeur or owners li- agencies, records of other government agencies.
cense. b) Neighborhood checks – residents and storekeepers.
n) Social security number. c) Parole and probation officers.
o) Selective service history. d) Banks – safety deposit box and cancelled checks.
p) Handwriting specimen (for comparison). e) Insurance companies.
f) Public utility companies –MERALCO, MWSS, gas company, and
2. Alarms. transportation companies.
g) Telephone company _ application information and toll charges.
a) Teletype. h) Election Board.
b) Circular. i) Fraternal organizations.
c) “Wanted” cards at various police agencies. j) Military service records – Is he receiving allotments checks? Is he a
d) Stop at local police stations – accident report, minor offenses, traffic patient in a government hospital? Where?
violations, etc. k) Veterans organizations.
e) Stop at court – minor charge arrest. l) School records – for subjects or transfer of his children.
f) If a parolee, notify the Parole Board concerned. m) Labor organizations.
g) If the person frequents the race tracks, notify the authorities at the n) Laundry and dry cleaners.
tracks. o) Loan organizations.
 p) Auto rental agencies and persons from whom he might have bor- ing of the complainant and witness. In such a situation, the investigator has
rowed or rented a car. to go to the field to locate the criminal or, if he is known, to study his habits,
q) Membership in mutual benefit associations - reports of accidents; movements and possible accomplices in the commission of the crimes.
other requests, etc. 2. Definition. Surveillance is the discreet observation of places, persons and
r) Social service and welfare agencies. vehicles for the purpose of obtaining information concerning the identities or
s) Department of Foreign Affairs – information from previous activities of subjects.
passport(s). 3. Objectives of Surveillance:
t) If an alien – Commission on Immigration and Deportation where you a) To detect criminal activities.
can get information on whether he is registered and also the names b) To discover the identity of persons who frequent the establishment and
and addresses of his contacts in the Philippines. determine their relationship.
u) If a naturalized citizen – the Office of the Solicitor General and the c) To discern the habits of person who lives in or frequents place.
courts; application contains all details on the subject and the names d) To obtain evidence of a crime or to prevent the commission of a crime.
and addresses of his witnesses.
v) Prison records will show his correspondence. 4. Shadowing or Tailing. It is the act of following a person. Its objectives are:
w) Credit houses and investigators. a) To detect evidence of criminal activities.
x) Hospital records, including his personal physician. b) To establish the associations of suspect.
y) Stores where subject purchased car, food or clothing. c) To find a wanted person.
z) Bills for car repair, financing, insurance. d) To protect a witness.
1. Employment agencies.
2. Telephone and city directories. 5. Tactics. The subject should be kept unaware that he is being shadowed.
3. Bondsmen, when bail is forfeited. He should not be detected looking directly at the suspect. He should shift
4. Employees of the hotel where subject is known to have been a guest - from left to right, never remaining for long directly behind the subject. Both
slips for phone calls; baggage checked or shipped; walk-in messages; sides of the street should be used. IF he suspects that the subject has be-
guests. come alerted to the tail, he should request immediate removal from the as-
5. Health Department: owner/employee of restaurant; License Department: signment.
photos in applications; marriage license – maiden name of wife, wit- 6. Note. The investigator must maintain s note or long containing a chronologi-
nesses, date, officiating priest. cal record of the activities of both the investigator and the subject. The log
can be used either in the interrogation of the suspect or for purpose of cross-
Chapter 8 examination duri9ng trial.
SURVEILLANCE 7. “Roping” or Undercover Work. It is form of investigation in which the in-
vestigator assumes a different and unofficial identity (a cover story) in order
1. In General. In the investigation of a certain case, a point is reached when to obtain information. The general objectives of an undercover investigation
the investigator sometimes find it difficult to secure leads through question- is to obtain more information.
8. Arrest of Undercover Agent. If an investigator is arrested by the police, he 29. (iv) Consider the pissibility that the subject is wanted for other crimes.
must act in accordance with his orders. If he has not received orders re- (v) Methods of arrest:
garding the disclosure of his identify in case of arrest by other law enforce- 30. [1]With warrant of arrest -- The officer shall inform the person to be ar-
ment offices, he must act according to his judgement. In such a case, if re- rested of the cause of arrest and of the fact that a warrant hs been issued
taining his assumed character does not serve a useful purpose, The investi- for his arrest, except when he flees or forcibly resist before the officer has
gator should to make a statement except to a member of his own organiza- opportunity so to inform him or when the giving of such information will im-
tion. perill he arrest. The officer need not have the warrant in his possession at
Chapter 9 the time of the arrest but after the arrest, if the person arrested so requires,
9. ARREST, RAID, SEARCH AND SEIZURE thet warrant shall be shown to him as son as practicable. [Sec. 7, Rule
10. 113.]
11. A. ARREST 31. [2]Without a warrant of arrest -- The officer shall inform the person to
12. be arrested of his authority and the cause of his arrest, unless the person
13. 1. Arrest and Defined. Arrest is the taking of aperson into custody so he to be arrested is then engaged in the commission of an offense or is pur-
can answer for the commission of an offense. sued immediately after its commission or after an escape, or flees or
14. forcibly resist before the officer has opportunity so to inform him, or when
15. 2. Who are Exempt From Arrest? the giving of such information wil imperil the arrest.
16. Preparation and Supervision of Discreet Surveillance.
17. a) Senators or Members of the House of Representatives, while con- a) Familiarize participating operatives with the case.
gress is in session, in all offense punishable by not more than six (6) (i) Use sketches, photos and maps in the briefing.
years imprisonment. [Sec. 11. Art. VI, 1987 Constituion.] (ii) Make a physical description of the subject(s).
18. (iii) Anticipate contingencies that might arise and plan what to do.
19. b) Diplomatic officials and their domestics. [Rep. Act No. 75.] (iv) Ready coins for bus or jeepney fare and for making phone calls.
20. (v) Determine exits and have them covered.
21. 3. Duty of Arresting Officer. It shall be the duty of the officer executing (vi) Bear in mind the need to secure a search warrant on short notice.
the warrant without unnecessry delay to arrest the accused and to deliver (vii) Ready materials for recording surveillance.
him to the nearest police station or jail. [Sec. 3, Rule 113, Rules of Court.] (viii) Pre-arrange signals.
22. (ix) Maintain contact among the participants.
23. 4. Techniques in Making Arrest. (x) Rotate participants and apportion their distances.
24. (xi) Consider the possibility of counter-surveillance.
25. a) Initial contact with subject.
26. (i) Investigator/operative identifies himself in a clear and audible vioce. b) Choosing proper equipment. Equipment include motor vehicles, boats,
27. (ii) Show identification. handcuffs, binocular, camera, radio equipment, containers for evidence,
28. (iii) Inform the subject that he is under arrest.
 strips of neolite and other materials for disguising motor vehicles (day or 5 (a), Rule 113.] (See the case of Umil v. Ramos, G. R. No. 81567, un-
nighttime), firearms, tear gas, etc. der Appendix “A-2’.)

b) Investigator’s / operative’s conduct. (ii) When an offense has in fact just been committed, and the officer has
personal knowledge of facts indicating that the person to be arrested has com-
(I) Be natural and pleasant but forceful and aggressive. mitted it. [Sec. 5(b), ibid.] (See the case of Nazareno v. Station Commander,
(ii) Dominate the situation. G.R. No. 86332, October 3, 1991, under Appendix “A-2’.)
(iii) Voice must command authority. (iii) When the person to be arrested is a prisoner who has escaped from a penal estab-
(iv) Demand prompt and absolute obedience. lishment or place where he I serving final judgement or temporarily confined while his case is
(v) Nervousness should be controlled. pending, or has escaped while being transfered from one confinement to another. [Sec. 5(c),
ibid.] (iv) If a person lawfully arrested escapees or is rescued, any person may
(vi) Avoid acting “tough” as the subject will be first to detect it.
immediately pursue ot retake him without a warrant at any time and in any
(vii) Avoid profanity ( this reflects personality weakness.)
place within the Philippines. [Sec. 13, ibid.]
(viii) Avoid being reticent or apologetic. (v) When the arrest is made by a bondsman for the purpose of surrenderring
(x) Investigator in charge does the talking and gives the command. the accused. [Sec. 20, Rule 114.]

Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within (vi) Where the accused released on bail attempts to leave the country without
the statutory period, remains valid unless recalled by the issuing court, or if the court permission. [Ibid.]
accused is arrested or has voluntarily submitted himself to the jurisdiction of
the issuing court, unlike a search warrant which has a lifetime of only ten(10) (vii) Violation of conditional pardon, punishable under Art. 159 of the Revised
days from its date of issuance. Penal Code as a case of evasion of service of sentence.

6. When Arrest May be Legally Effected. 7. Planning the Arrest.

a) This is a responsibility of the chief team leader or officer acting in his

a) In general, an arrest can be validly effected oonly upon lawful order
absence.
or warrant of competent court or judge.
b) If the arresting party is composed of two (2) or more members, some-
b) Lawful Warrantless Arrest: body must be placed in charge, preferably the most experienced.
c) Consider the arresting party and covering party.
(I) When, in the law enforcer’s presence, the person to be arrested has d) Consider protection of innocent bystanders.
committed, is actually committing, or is attempting to commit an offense. [Sec. e) Prevent escape of subject.
f) Make a discreet reconnaissance of the area.
 g) Determine weapons and equipment needed. (iii) Avoid congested areas when possible.
h) Consider superiority of manpower and firepower. d) Arrest at Home, Office or Business Establishment :
I) Make the plan simple enough to be understood by the least experi- (i) Restrict the subject’s movement. Do not grant request for per-
enced operative/investigator. sonal privileges before being searched.
j) Consider the element of SURPRISE. (Daybreak has proven satisfac- (ii) Clothing and other things requested should be examined for
tory for a number of successful arrests.) k) Consider SPEED in the execu- weapons or items of evidence before turning them over to the subject.
tion of the plan.
l) Consider overall coordination. 10. Territorial Effectivity of a Warrant of Arrest. Warrants of arrest issued
m) Consider concealment or cover that might be available both in ef- by Metropolitan Trial Courts, Municipal Trial Courts or Municipal Circuit
fecting the arrest and removing the subject from the building. Trial Courts can be served any where in the Philippines without a certifica-
tion by a judge of the Regional Trial Court. [Supreme Court Circular No.
n) The briefing officer should ask the participants if they have any questions 14, 22 Oct 85.]
regarding the plan.
8. Who May Executive Arrest. Among others, members of the PNP and the 11. Duty of Person Making an Arrest Without a Warrant. Any person mak-
NBI may effect arrests. ing an arrest on legal grounds shall, without unnecessary delay and within
the time prescribed under Art. 125 of the Revised Penal Code, take the
9. How to Effect Arrest. person arrested to the proper court or judge for appropriate action. How-
ever, it is not the physical delivery of the arrested person that is required
a) In General. An arrest is made by an actual restraint of the person to under Art. 125 of the RPC, but the filing of an information against the ar-
be arrested, or by his submission to the custody of the person making the rested person in the proper court, where the judge has the authority to is-
arrest. sue an order of release or if confinement.

No violence or unnecessary force shall be used in making an arrest, and 12. Periods Within Which Person Arrested Without a Warrant Should be
the person arrested shall not be subjected to any greater restraint than is Charged in the Proper Forum: Executive Order No. 272, dtd 25 July 1987,
necessary for his detention. [Sec. 2, Rule 113.] amended Article 125 of the Revised Penal Code by extending the period autho-
b) Making the Arrest: rized to detain a person prior to delivery to the judicial authority , to wit: six (6)
(i) Use good judgement in connection with the arrest. to twelve (12) hours fro crimes or offense punishable withlight penalties; nine
(ii) Assume that the subject is armed and will take your life if (9) to eighteen (18) hours for crimes or offenses punishable withcorrectional
given an opportunity. penalties; and eighteen (18) to thirty-six (36) hours for crimes or offense punish-
able with afflictive or capital penalties.
c) Arrest on the Street:
(i) This should be made from the side or fear when possible. 13. Right of Attorney or Relative to Visit Person Arrested. Any member of
(ii) Subject should be forced toward a building. the bar shall, at the request of the person arrested or of another on his behalf,
have the right to visit an confer privately with such person, in jail or any other apeace officer, commanding him to search for personal property described
place of custody at any hour of the day or, in urgent cases, of the night. This therein and to bring it before the court. [Sec. 1, Rule 126.]
right shall be exercised by any relative of the person arrested subject to rea-
sonable regulation. [Sec. 14, Rule 113.] 3. Personal Property to be Seized. A search warrant may be issued for the
Executive Order No. 155, dated 30 March 1987, amending Republic Act No. search and seizure of the following personal property:
857, penalizes any public officer who deprives a person of his right to counsel. a) Property subject of the offense;
The penalty b) Property stolen or embezzled and other proceeds or fruits of the offense;
shall be prision correctional or imprisonment of 6 months and 1 day to and
6 years. c) Property used or intended to be used for committing an offense. [Sec. 2, ibid.]

14. Medical Examination of Arrested Person/Suspect. Immediately after the arrest of a 4. Probable Cause Required for a Search Warrant. Probable cause
person ordered arrested by the court, or of a suspect under investigation, he should be sub- means that sufficient facts must be presented to the judge issuing the warrant
jected to a medical examination. Prior to his release or any change of custody , the suspect
to convince him that circumstances sufficiently establish the need for the is-
should also be medically examined by a medico-legal officer or, in the absence of
suance of the warrant.
such medico-legal officer, by any government physician ib the area.
5. May Things Illegally Seized be Admitted in Evidence? The fruits of an
15. Summoning Assistance for the Arrest. Any officer making a lawful ar-
illegal search are inadmissable as evidence. Any evidence obtained in viola-
rest may verbally summon as many person as he deems necessary to aid him
tion of the right of the people against unlawful searches and seizures shall be
in making the arrrest. Every person so summoned shall aid him in the making
inadmissible for any purpose in any proceeding. [Sec. 3(2), Art. III, 1987 Consti-
of such arrest, when he can render such aid without detriment to himself. [Sec.
tution.]
10, ibid.]
6. May Articles Not Mentioned in the Search Warrant be Seized? Gener-
16. Right of Person Arrested. Republic Act No. 7438 states the rights of a
ally, articles not include in the search warrant may not be seized. However, arti-
person arrested, detained or under custodial investigation.
cles prohibited by a statute, although not included in the search warrant, may be
seized.
B. SEARCH
Thus, if during the progress of a bonafide search for other commodities illegally
possessed, whether with search warrant or not, contraband or items declared
1. Search Defined. Search is an examination of an individual’s person,
as illegal per se are discovered. the contraband can be seized. The sezure of
house, papers or effects, other buildings and premises to discover contraband
goods, the possession of which is forbidden by statute, violates no constitutional
or some evidence of guilt to be used in the prosecution of a criminal action.
right of the accused.
2. 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 to
7. How to Serve a Search Warrant. A search warrant must be served within (ii) It must be noted that in the cases cited above, the crime charged is
ten (10) days from its date (thereafter, it shall be void) [Sec. 9, Rule 126] in the possession of prohibited drugs. Thus, the signature of an accused on
following manner: the receipt is a declaration against the interest and a tacit admission of the
a) The police officer concerned must go to the place indicated in the search crime charged, as mere unexplained possession of prohibited drugs is punish-
warrant and take the things described therein, in the presence of at least one able. The doctrine is therefore not a hard and fast rule as far as the “Receipt
competent witness who is a resident of the for Property Seized” is concerned. If the crime charged is possession of unli-
censed firearms, for example, the doctrine would apply. in other cases, it will
neighborhood. If he is refused admittance to the place of search after giving no- not apply.
tice of his purpose and
(iii) Another document which is made after a search is a CERTIFICA-
authority, he may force himself in to execute the warrant; and if he is detained TION OF PROPERTY SEIZED [See Appendix “B”]. This is signed by the owner
therein, he may force himself out to deliberate himself. [Sec. 6, ibid.] of the seized property, and would seem to fall more under the court pronounce-
ment above than the “Receipt for Property Seized” does.
b) The search must be made at daytime, unless otherwise stated [Sec.
8, ibid.] d) As much as possible, during the opening of safes, drawers, cabinets, ta-
bles, etc., the lifting of the articles should be done by the owner of the house or
c) The officer seizing the property must issue a detailed receipt of the his authorized representative,or by immediate members of his family, to
thins seized to the person in whose possession it was found, or in the absence preclude any suspicion of theft or planting of evidence.
of such person, he must, in the presence of at least one witness, leave such re-
ceipt in the place where such things were seized [Sec. 10, ibid.] e) Thereafter, the officer must immediately deliver the things or property seized to the
judge who issued the warrant, together with an inventory duly verified under oath.
(i) In compliance with this procedure, it has been standard practice to is- [Sec. 11, ibid.]
sue a RECEIPT FOR PROPERTY SEIZED [See Appendix “A”] after a seizure.
the receipt is signed by the seizing officer only and two witnesses. Recent 8. Lawful Warrantless Searches and Seizures:
Supreme Court decisions, however, declare that such receipt when signed by
the accused, is in effect an extrajudicial confession of the commission of the of- a) When there is consent or waiver. To be a valid waiver, the right must
fense charged. [People v de las Marianas, G. R. No. 87215, 30 Apr 91; and exist, the owner must be aware of such right, and he must have an intention to
People v Mauyao, G. R. relinquish it.

No. 84525, 6 Apr 92]. Consequently, if the accused does not sign such b) When evidence to be seized is in “plan view”. The discovery of the
receipt , it may still be used in evidence. Moreover, if the accused DID in fact sign evidence must be inadvertent or unintentional.
the receipt, but he signed it with the assitance of a lawyer of his own choice,
that actwould constitute a valid waiver of his right against self-incrimination. c)Customs search or search made at airports/seaports in order to colllect
duties. this warrantless search is allowed due to urgency.
 j) Be sure to search avery part of the body and clothing.
d) Search of moving vehicles may be made without a warrant because 10. Types of Searches:
it would be impracticable to secure a warrant before engaging in “hot pur-
suit.” a) Wall Search. The purpose is to place the subject in an “off-balance”
position requiring the use of both arms and legs tokeep him from falling to the
c) Routine searhces made at or in the interest of national security, such ground. This is the safest type of search. It does not necessarily require a
as border checks or checkpoints. wall; any object that can support the weight of the subject (such as a car) can
be used. The procedure are:
f) Stop-and-search or stop-and-frisk, where the search precedes the ar- (I) Requiring subject to place both hands on the wall slightly higher than his
rest, and is allowed on grounds of reasonable suspicion. waist. Spread hands as far as possible. Palms should be placed against
the wall, finger extended.
g) Search incidental to a lawful arrest. A person lawful-ly arrested may
be searched for dangerous weapons or anything which may be used as (ii) Extended the subject’s feet back away from the wall as far as possible.
proof of the commission of an offense, without a search warrant. [Sec. 12, Rule Spread them as far apart as possible, toes pointed out. Buttocks should not be
126.] on an arched position.

9. Searches of Persons Arrested. (iii) The subject’s head should be down or bowed at all times.

a) “Probe”, do not “pat”. (iv) Mechanics in executing the “Wall Search”:

(A woman operative should be used to search females.)
[1] If there is only one subject, the leader of the search should be
b) The need to handcuff subject(s). Dangerous and violent criminals, as placed himself at one side, while his subordinate is on the other side;
well as escapes from prisons and escapes artists, must be handcuffed.
[2] To search the other side, the subordinate should move to the opposite
c) Do not stop the search when a weapon is found. side;
d) Look for items which may be used to commit suicide.
e) Look for items of evidence. [3]If there are two or three subjects, move one subject to be searched
f) Searches should never cross the line of fire. on the wall, but out of reach of the others;
g) Do not talk to subject(s) in the sourse of the search.
h) Do not grant subject’s request to attend to something before, during [4] Search both sides of subject, the leader conducting the searches and the
and immediately after the search. subordinate guarding the others;
I) In a search by a single officer, have the gun ready with the hand at a
distance from the subject. [5] Move one subject at a time;
 (iii) Front part of clothing can not be searched.
[6] Subject’s head should be down at all times; (i) This can be extremely dangerous if the subject has know

[7] The subordinate should concentrate on the actions of the subjects and not the action of the 11. Method of Restraint: Handcuff.
leader;
a) This is the best method of restraint. If applied properly, it is a good preven-
[8] When there are more then three subjects, additonal personnel should be tive measure; if improperly applied, it could be dangerous.
summoned;
b) How handcuffs are applied;
[9] In serious apprehensions, the searches should hold his weapon in ready po-
sition throughout the search; (I) Take position directly behind the subject.
(ii) The handcuff is applied when the subject has placed his hand on the
[10] The body must be searched systematically with the foot of the searcher small of his back.
placed tihgtly against subject’s foot, right with right, left with left, anklebone (iii) Do not reach out for the hands of the subject as it will provide him
against anklebone; with an opportunity to grasp the hand of the investigator and throw him off-bal-
ance.
[11] remove any object found, then examine the palm of the hand, including be-
tween the fingers. c) When applying handcuffs, give the following orders to the subject and follow
this procedure:
b) Standing Search.
(I) Raise subject’s hand over his head and spread his feet as far apart (I) First Order: “ Take your right hand off the wall and place it on thes-
as posssible. mall of your back.” Fasten the handcuff to this hand and frimly hold the
(ii) This is not recommended because the subject is in an “on-balance” other handcuff.
position.
(ii) Second Order: “Move up and put your hand against the wall.” Allow
c) Kneeling Search. the subject to move closer to the wall, making certain his feet remain back
(I) Subject kneels on the ground with hands raised over his head. far enough to keep him “off-balance”.
(ii) This is also discouraged for the same reason as the “standing
search”.

d) Prone Search.
(I) Subject lies on his stomach with arms and legs outstretched.
(ii) Subject has both arms and legs free and is at all times in an “on-bal -
ance” position.
 Legal basis. a raid must be legal, having its basis in lawful process and con-
(iii) Third Order: “Take your other hand off the wall and place it on the ducted in a legal manner. This will be in the form of a search warrant or war-
small of your back.” Fasten the other handcuff and double-lock both hand- rant of arrest. The raid may be in pursuit of aperson reasonably believed to
cuffs. be guilty of a felony when it is known that the felony has just been committed.
3. Objectives. The purpose of a raid is usually to:
(i) Final Order: “Stand up and face the wall.” Help the subject in doing
this edge of judo. a) Effect an apprehension;
b) Obtain evidence of illegal activity by surprising the offenders in fla-
12. Transporting a Prisoner. grante delicto; or
c) Recover stolen property.
a) If transported by jeep, the subject is seated on the right rear seat and
the police seats at the rear on the left side facing the subject. Secure the hands 4. Factors Affecting Success or Effectiveness of a Raid:
of the subject under his kness.
a) Size of raiding party.
b) If transported by car, the subject is seated on the left rear seat and
the investigator sits on the right rear seat. Hands of the subject should be se- b) Speed.
cured under his kness.
c) Surprise.
C. RAIDS AND SEIZURES
d) Superiority of arms.
1. Introduction.
e) Simplicity of plan and operation.
a) Every member of a law enforcement organization must know the tech-
nique of conducting a raid. 5. Qualification of Members of a Raiding Party:

b) Raids are usually made after careful investigtion and when other a) Leadership.
methods of accomplishment the mission are not suitable.
b) Good judgement.
c) Whenever available, men experienced in conducting police raids
should be chosen as raid commanders. c) Tact.

2. Raid Defined. A raid is a surprise invasion of a building or area. It is a d) Coolness and stability.
small-scale attack of a limited territory.
 e) Experience.
a) Searches for evidence.
f) Steady nerves and mental stability.
9. Undertakings. As in purely military operations, a raid, to be successful,
g) Discipline. must have the following elements:
6. Composition of a Raiding Party:
a) Mission.
a) Raid commander, assistant raid commander,
covering or surrounding party; b) Reconnaissance.
b) Going-in detail or entering party;
c) In charge of raiding vehicle; c) Plans.
d) In charge of rendering inoperative the subject’s vehicle , if any;
e) Recorder who should keep an accurate log of the raid, gather evi- d) Instructions.
dence, make inventories and testify in court; and
f) Photographer. e) Orders.

7. Duties of Covering or Sorrounding Party: f) Execution.

a) covers approach of going-in detail or entering party 10. Planning the Raid. The success of a raid depends upon intelligent plan-
ning and competent implementation. To chieve the necessary elements of sur-
b) Prevents the escapes of criminals. prise, the operation must be performed surreptitiously and with speed.

c) Covers the entire area of the building. a) The terrain and the building should be subjected to close study.

d) Neutralizes fire of barricated criminals. b) In order to obtain the necessary data for planning, a reconnaissance/
surveillance of the place should be conducted.
8. Duties of Going-in Detail or Entering Party:
c) The participants should be informed of the nature of the mission.
a) Calls for surrender of criminals.
d) The spicific assignment and position of each member of the raiding
b) Effects arrests. party, the tactics to be employed, the equipment and transportation to
be used, the evaluation of possible danger points, and optinum time to
c) Incapacities and dislodges criminals.
 be selected should be stressed. e) Things to consider when planning a
raid: (xii) Consider dividing the raiding party into:

(I) Need for surveillance. [1]Cover group: moves into position first, covers advance of raiding
group and avenue of escape.
(ii) number of individuals to be apprehend. Are they armed? With [2]Raid group: disarms and restrains subjects, searches premises,
what? If uncertain, assume they are armed. secures evidence, etc.

(iii) Are photographs and description of subjects available for use in the (xiii) Does every member of the raiding groups know the raid plan com-
briefing? pletely? The identities and duties of all?

(iv) Determine the physical sructure of the place where the criminals are (xiv) What is your move-out plan?
located.
(xv) What are the instructions concerning the use of firearms?
(v) Determine all possible escape route.
(xvi) What are the instructions concerning the possible handling of traf-
(vi) Need to directly photograph the place and immediately area. fic?

(vii) Type of neighborhood where the hideout is located. (xvii) What are the instructions concerning communications, signals,
etc.?
(viii) Volume and kind of activities in the neighborhood at various times
(to determine the most desirable time to conduct the raid). (xviii) How do you identify each other? Arm bands, password, insignia,
etc.?
(ix) Street plans of neighborhood for possible road blocks. (xix) Make sure your plan avoids crossfires.

(x) Do the men have confidence in the ability of the raid leader? (xx) Do you have all the equipment you might need, such as fleshlights
searchlight, vehicles, trsnsceivers, loudspeaker (public address system),
(xi) Consider: [1]Speed- - in moving into position and the execution of firearms, teargas, etc.?
the plan. (xxi) Ask each participants to repeat his duties to the raid leader.
[2]Surprise - - catch subject off-guard.
11. Raid Operation.
[3]Simplicity - - a plan that is easy to remember and understand; this avoids
conclusion. Coordination of individual efforts is an essential element in the success of a raid. The
raiding party shuould act as a team. The members of he teammust thoroughly understand the
objectives, the plan of action and the orders. Each man should hold his assigned position until (ii) Articles which might be used as a means of suicide.
his orders are changed by the team leader. Before leaving the headquarters to proceeds to the (iii) Articles which might be used in escaping.
target, the team laeder must conduct a final briefing personnel. After assembly of the men at
the designated area, which should not be too close to the target area. they should not assume
(iv) Articles which may be used in the commission of the crime.
the appearance of a formal gathering. The raider’s vehicle should be safeguarded to prevent team.
their use by the subject. Vehicle belonging to the subjects should e rendered inoperative by the (v) Proceeds or fruits of the crime (stolen property).
simplest available means. A cordon should be posted, depending upon the availability of men,
to prevent possible escape and restrain people from wandering. In the event the suspect fails b) Disposition of money and other valuable property:
to heed the warning to surrender, entry must be made through one points so that the raiders will (I) Money should be counted and the serial number of bills noted.
not mistake one another. As soon as the raids is completed, guards should be left to protect
the property and to observe or apprehend associates of the suspects. The raiders then re-
assemble at a designated place for a final accounting of all members of the raiding (ii) Valuables should be sealed in a property envelop in the presence of
the prisoner.
12. Coordination With the Local Station Commander.
It is imperative that imedittely before the service of a search warranr the (iii) Property envelope should show a complete inventory of its contents.
team leader should see to it that proper coordination is made with the station
commander having jurisdiction over the target premises. The coordinating (iv) The prisoner should initial the outside of the envelope showing ap-
party is bound merely to relay that their team is conducting an operation in proval of its contents.
their area. This gesture of coordination is not only a manifestation of courtesy
but also a safety measure to avoid the possibility of a mistake encounter. (v) Raiding officer should sign their names on the outer part of the en-
velpe.
13. Dont’s in a Raid:
a) Don’t take unnecessary chances. (vi) A receipt should be given to the prisoner. However, this is qualified
b) Don’t underestimate the ability or courage of the subject(s). by the decision of the Supreme Court declaring as inadmissible in evidence
c) Don’t raid when not properly prepared. the Receipt for Property Seized, signed by the accused, in case where mere
d) Don’t endanger the lives of bystanders. possession of the items seized is punishable.
e) Doc’t use raiders not well-acquainted with each other.
f) Don’t forget gas mask when employing teargas. c) Disposition of articles not covered in a search warrant:
g) Don’t be unnecessary rough on the subject(s).
h) Don’t shoot to kill unless very imperative. (I) If the articles are illicit or contraband, the same must be seized.
I) Don’t touch the evidence unless seen by witnesses, or by the owner
or occupant of the place. (i) Such articles may be used as evidence to prosecute the person.
(iii) Non-contraband articles must be returned to the owners or must
14. Seizures. not be seized in the first place.
a) The following will be seized at the scene of the raid:
(I) Weapons which may be used against the raiding party.
15. Mugshots and Fingerprints. b) Leads.The report provides other investigators with information nec-
essary to further advance their own investigation.
Arresting units shall at all times take the mugshot and fingerprints of all
arrested persons. Copies thereof shall be provided to the PNP Crime Labora- c) Prosecution Action. The report is a statement of facts on which
tory Service to serve as masterfile. designated authorities may base a criminal, corrective or disciplinary ac-
tion.
16. Accomplishment of NUCCR.
3. Criteria. An investigation report is subject to close scrutiny at all levels of
Operating units concerned shall accomplish regularly the NUCCR and command. It must meet certain criteria, some of which are:
all agencies concerned shall be provided whith copies thereof.
a) It must be grammatically correct.
17. Reports on Arrested Persons.
b) Abbreviation must be used a appropriately and correctly.
All arrest made shall be immediately reported to the C, PNP; AIIN, DO,
DIN, DI. c) The report should avoid slang, colloquialism or unnecessary tech-
nical terms.
Chapter 10
REPORT WRITING AND SUPERVISION 4. Requisites of a Good Investigation Report.
OF INVESTIGATIVE REPORTS
a) Accuracy. The report should be a true representation of the
1. In General. A report of investigation is an objective statement of the investigator’s find- facts to the best of the investigator’s ability. Information both favorable
ings. It is an official record of the information relevant to the investigation which the inves- and unfavorable to the suspect should be included. Information should
tigator submits to his superior. The effectiveness of an investigator is judge to a large ex-
tent by his reports of investigation. The reputation of an infestigator is measured to a large
be verified by the statements of other witnesses and by reference to offi-
extent by the kind of report he submits. The report on finished cases provides the vehi- cial records or to other reliable sources. take action on the matter.
cles for higher headquarters to b) Completeness. The question of “whe, who, whar, where, why and how?”
should be answered. The elements of the crime should be established, and
2. Purpose of an Investigation Report. The investigator writes his report in the additional facts developed should tend to prove these elements. The re-
order to achieve the following objectives: port should be documented by appending important statements/letters, finding
of other agencies, and laboratory reports.
a) Record. The report provide a permanent official record of the rele- c) Brevity. Irrelevant or unnecessary materials should be omitted.
vant information obtained in the course of the investigation. 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 (v) Incomplete description.
manner which will make the report easy to read. Form includes proper para- (vi) Neglect to state that subject is dangerous or has homicidal tenden-
graphing,underscoring, capitalization and heading. The report should be writ- cies.
ten in the third person, the investigator referring to himself as “the investi- (vii) Failure to cover obvious leads.
gator.” (viii) Inadequate interviews.
(ix) Lack of imagination in solving the case.
5. Types of Report Writers: (x) Improper handling of evidence.
a) Those who write without thinking. (xi) Failure to report having done things which obviously were done
b) Those who write and think at the same time. (xii) Failure to include essential facts which show jurisdiction, prosecutive ac-
c) Those who think first and write afterwrds. tion taken , and basis for investigative steps taken.
(xiii) Failure to include essential facts which were undoubtedly avail-
6. How Investigators are Rated on Report Writing. able and knows to the investigator.
a) Points considered:
(I) Conciseness. 7. Supervision of Reports.
(ii) Clarity.
(iii) Organization. a) Assure good reports.
(iv) Thoroughness. (I) The Chief must sincerely want good reports.
(i) Accuracy. (ii) Standards of good reporting must be set up so that all will know what
(ii) Adequacy and pertinence of leads is expected of them.
b) Errors of Form:
(iii) Systems of spot-checking must be set up to make sure that the cor-
(I) Misspelling. rection are being made and to assure uniformity.
(ii) Typographical errors.
(iii) Wrong file number. b) Protect the reputation of the department and its officers.
(iv) Wrong block.
(v) Others of the same nature. (I) Good reports reflect favorably on the officers preparing them and on
the department they represent.
c) Errors of Substance:
(ii) Good reports help refute false charges against officers and the de-
(I) Delay in the investigation. partment they represent.
(ii) Delay in reporting.
(iii) Omission in investigation whether intentional or not. c) Methods of supervision:
(iv) Misstatement of facts.
 (I) Tickler system. The supervisory officials keeps a 3” x 5” index card d) Based on the initial investigation, the officer-on-case should prepare
on each case showing basic data, dates, etc., and to whom it was assigned. any of the following Police Reports:
The card is filed behind the officer’s name in the card index box. This system
also assures a regular check on each pending case. (I) ALARM REPORT - - For theft and robbery case (A sample format
of an alarm report is included in this chapter under paragraph 9.)
(ii) Assignment record. This should show the cases assigned to each
officer, and should include a record of reports submitted. (ii) ADVANCE INFORMATION - - For crimes against persons like murder,
parricide, honicide, etc. (A sample format of an advance information is in-
(iii) All reports should be read and signed by the supervisory officials. It is best to have a clude in this chapter under paragraph 9.)
rule that no report can be filed until approved by the supervisor. The supervisor should be held
jointly responsible with reporting officer for important errors in reporting. A form for (iii) CRIME REPORT - - For all others cases like estafa, crimes against
checking errors is recommended. This would serve as a guide for the supervi- chastity, white slavery, etc. (A sample format of a crime report is included in
sors and prevent overlooking relevant errors. Additonally, good supervision as- this chapter under paragraph 9.)
sures a good investigation and a good report. Even if the subordinate officer
complains about it, he will be agood investigator and a good report writer. (iv) INFORMATION REPORT - - For some cases initially taken cognizance of
by apolice station but later turned over to or found out to be handled by
8. Approved SOP in the Investigation of Cases at the PNP. a special operating support unit.
a) Upon receipt of the case, the duty NCO/Desk Officer enters it in the
complaint log book/blotter and then refers it to the OIC/Chief of the Investigation e) The investigator should then take the sworn statements of the com-
unit. plainant(s), witnesses and, if possible, suspect(s). At this stage, the offcer-
on-case should exert all efforts to unearth and gather all evidence relevant to
b) The OIC/Chief of the Investigation Unit assign the case to an investi- the case.
gator. The chief investigator should maintain a logbook of all cases referred
to him, either in person or through communications, recording therein the nature f) Invitation for suspects to appear before nay investigating group
of the case, name of complainant, the name of investigator and the date should be signed by the Group Commander and duly recorded in a book in-
it was assigned. Likewise, the DutyNCO/Desk Officer should also reflect on the tended for this purpose. The result of the invitation should be reflected in the
complaint logbook the name of the investigator to whom the particular case was case folder to form part of the records of the case.
assigned.
a) A PROGRESS REPORT should be submitted by the investigator
c) If the nature of the case so warrant, the officer-on-case should imme- regarding the aprehension of suspects, recovery of evidence and all
diately respond to the crime scene, conduct an ocular inspection and interview other developments on the case.
the complainant, witnesses and all person who could shed light on the case.
 h) Once the suspect has been apprehend and dully investigated, ther (NAMES,PERSONAL
officer-on-case should prepare the corresponding referrral to the inquest CIRCUMATANCES:_____________________________________
fiscal/prosecutor for appropriate recommendation.
AND RESIDENCE OF ALL VICTIMS) LOSES:
I) Before the investigator files the case with the Prosecutor Office, the __________________________________
case should first be endorsed, thru chanel, to the Legal Division for appraisal ,
evaluation, recommendation. (IITEMIZED LIST OF LOSES OF
VICTIMS) :___________________________________
j) A Final Investigative Report, using the format of the Progress Report,
should be prepared by the investigators in all cases involving high govern- (VALUE RECOVERED OR NOT RECOVERED)
ment officials, wherein the complainant is a government agency or entity;
big and sesational cases; or those involving prominent personalities and DATE/TIME/PLACE:_________________________________________
those with insurance coverage.
OF OCCURENCES:___________________________________________

9. Sample Forms of Investigation Reports. SUSPECT

S :______________________________________________________
Republic of the Philippines ** (PERSONAL/PHYSICAL DESCRIPTION OF EACH SUS-
PHILIPPINE NATIONAL POLICE ** PECT)
(The Command) **
(Group, District or Unit) **
ADVANCE INFORMATION
Case Report No._____________** Date:___________**
“ Uniform heading for Alarm Report, Advance Information, Crime
Report, Progress Report and Final Report. NATURE OF CASE
:___________________________________________________
ALARM REPORT
VICTIM :_______________________________________________
____
NATURE OF CASE :__________________________________ (NAMES, PERSONAL CIRCUMATANCES OF VICTIM
COMPLAINANT/VICTIM :_________________________________
:_________
__________________________________________
 (IF INJURED, DIAGNOSIS OF THE ATTENDING
PHYSICAIN AND NAME OF THE HOSPITAL

DATE/TIME/PLACE
:____________________________________________________
DATE/TIME/PLACE
OF OCCURENCES :____________________________________________________
:______________________________________________
OF OCCURENCES
SUSPECTS :____________________________________________________
:______________________________________________
(NAMES, PERSONAL CIRCUMSTANCES S U S P E C T S
:____________________________________________________
:_________________________________________ (NAMES, PERSONAL CIRCUMSTANCES, ADDRESS, IF
______ RESIDENCE AND STA- KNOWN, AND PHYSICAL
TUS - WHETHER
:_______________________________________________
_______
:_______________________________________________ DESCRIPTION IF AT-LARGE)
SUSPECTS ARE UNDER ARREST OR NOT)

CRIME REPORT
PROGRESS REPORT
NATURE OF CASE :_________________________________________
COMPLAINANT/VICTIM :_________________________________________ SUBJECT :____________________________________________________
_______
(NAMES,PERSONALCIRCUMATANCES OF COMPLAINT):
TO :____________________________________________________
_______

(INRAPE CASE, INCLOSE THE MEDICAL FINDING):

***Progress Report are submitted if, after the submission of a report, subse- and “clarity” are particularly applicable to this section. it should be a coherent
quent details which are very vital to the case under investigation are gath- presentation of all pertinent facts which sahll be free from arguments or bias
ered, which have not been incorporated in the previous report. and fully supported by evidence. The facts regarding the matters at issue
should be presented in the same manner as that which the allegations are pre-
FINAL REPORT sented in the section “Matters Investigated.” If there are several allegations to
be handled, the presentation should be such that the reader will know at all
SUBJECT :__________________________________________ times which allegation is being considered. The facts of each allegation
should be put together to tell the story, especuially if the investigating officer is
TO :__________________________________________ reporting orally. Short cuts for the sake of brevity are never permissible,
if they involve the omission of a single fact necessary to establish the truth and
I.: AUTHORITY: convey that conviction to a careful reader. Where the only evidence procur-
This section should contain a brief statement of when, where and able concerning an element of the case are the conflicting statements of two
by whom the investigation was made and should cite the authority for making it. witnesses, who seem to be both credible, the investigating officer may quote
If the investigation was made on the basis of oral orders, this facts should be from their testimonies. But this procedure should be the exception rather than
stated, naming the individual issuing the order and the date thereof. If it were the rule, and not to be used in lieu of making a determination of the facts based
made pursuant to written orders, specific reference to the document, stating the on a study, analysis and weighing of evidence.
date and the original directing authority, whether local or higher commander, is
necessary. IV. DISCUSSION:
This section should indicate the presumption and inference from all the
II. MATTERS INVESTIGATED: circumstances of the case to give the directing officer the clearest possible pic-
This section of the report represents the mission of the investiga- ture. It should contain such related factual matters of argument as may be
tor. In essence, it answers the question: “What is the investigation about?” necessary, in addition to the facts presented, to establish the conclusions and
Most of these are written complaints or reports alleging that some persons recommendations based thereon. In simple cases requiring no explanatory
have committed a crime or improperly, or the writer has been unjustly treated. If matter and meriting no mention of mitigating or extenuating circumstances,
the allegations are too long to cite, a synopsis may be set forth and appropriate this section may be omitted, and in this event, this should indicated as fol-
reference made to the copy of the papers in the appendix upon which the inves- lows: “This escape possesses no aspects or conditions requiring specials
tigation was based.
discussion, and there are no mitigating or extenuating circumstances.” Fre-
III. FACTS OF THE CASE: quently, however the evidence is so evenly divided, pro and con, or the attend-
This presents the real truth regarding the matters investigated. ing circumstances are so unusual, that some explanation justifying conclusions
The descriptions “completeness” reached is necessary. In the event acts or irregularity or misconduct are estab-
lished in the case of a person whose past record has been excellent, justice re-
quires that this should be included in the discussion. When the only obtainable
evidence is that contained in the testimony of the informant and of the ac- wrong was committed nor was there a condition requiring correction, the rec-
cused, the facts cannot positively be established. However, the records and ommendation may be that the case be closed.
character of the accuser may be used to assist in determining the appropriate
action. In such case, the investigating officer’s observations and opinions may ____________________________
be presented in this section of the report. Whenever the vailable evidence is (Investigating Officer)
scanty and conflicting , but the investigating officer has strong and well-sup-
ported convictions on the matter, the basis for his conclusions should be pre- NOTE: (Paragraph subdivision should be numbered consecutively all through
sented in the discussion. rather than separately under each subdivision.)

V. CONCLUSIONS: LIST OF EXHIBITS/ANNEXES TO IR

This represents a concise summary of the results of investigation “A” - Complaint Slip/Sheet
as supported by the facts of the case as found and set forth in the report, and “B” - Authority to investigate
should contain no item not supported by the facts. The facts are usually stated “C-1” - Sworn statement of Witness 1
in the order suggested by the statement of the allegation or facts. Conclusion “C-2” - Sworn statement of Witness 2
should not be repetition of the facts, merely worded differently. Since the facts “D-1” - Sworn statement of Suspect 1
upon which they are based will have preceded this section, no further state- “D-2” - Sworn statement of Suspect 2
ment of facts or repetition is necessary or desirable in the conclusion. They “E-1” - Arrest Booking Sheet
represent the investigating officer’s honest, well-studied opinion as to the real “E-2” - Laboratory Reports
truth of the matters at issue. As such, they should contain no apology, or quali- “E-3” - Photographs
ficatio, such as “it appears,” “It is believed,” or “it seems probable.” “E-4” - Other Documentary Evidence

VI. RECOMMENDATIONS: (List of Exhibit/Annexes -- Only five (5) letters are used. In case
of additional sworn statement, and annex “C-3”, etc, and “D-3”, etc, as the case
This should contain the practical suggestion for appropriation to be taken to may be.)
suitably dispose of all phases of the case. They should follow, as far as practi-
cable, the asame sequence as was used in the presentation of the conclu- INDEX TO WITNESSES/SUSPECTS
sions. Recommendations should be consistent with and appropriate to the con-
clusion. They Name Exhibit Page No. Question
constitute the investigating officer’s judgement to the action the directing au-
thority should take, in view of the facts established. They stipulate the proper Witness 1 “C-1” 1-3 1-36
action in the case of a wrong committed, or the remedy of an unsatisfactory sit-
uation or condition found to exist. If the facts and conclusion disclose that no Witness 2 “C-2” 1-6 1-47
 I have the honor you herewith a case of HOMICIDE (DOA) for inquest
Suspect 1 “D-1” 1-4 1-50 only, wherein the victim was one CELESTINO CORPUZ Y SIERRA, 27 years
old, single, jobless, and lastly resident at # 234 Miguelin St., Smapaloc, Manila.
Suspect 2 “D-2” 1-6 1-56 The accused is:

LIST OF PLEADING / COURT ORDER ROMEO DE LA CRUZ Y PEREZ, 25 years old, single, vendor native of
Camarines Norte and residing at # 208 Agliceras St., Sampaloc, Manila.
“F-1” -- Complaint/Letter of Transmital
“F-2” -- Information (UNDER ARREST)
“F-3” -- Warrant of Arrest
“F-4” -- Motions/Petitions ENCLOSURES:
“F-5” -- Memoranda
“F-6” -- Resolution/Decision 1. Crime report dated Nov. 20, 1992;
2. Boking sheet and arrest report of accused;
LETTER TO THE INQUEST PROSECUTOR 3. Sworn statement of Onofre cruz, father of deceased;
4. Sworn statement of Witness, Darius Ortega;
Republic of the Philippines 5. Sworn statement of Witness, Luis Sevilla;
PHILIPPINE NATIONAL POLICE 6. Death certificate of deceased ; and
Headquarters 7. Necropsy report from the Medico-Legal Office.
(Group, District or Unit)
Camp Crame, Quezon City WITNESSES:

1. Onofre Corpuz - No. 228 Miguelin St., Sampaloc, Manila

Date:__________ 2. Darius Ortega - No. 349 Algeciras St., Sampaloc, Manila
____ 3. Luis Sevilla - No. 372 Algeciras St., Sampaloc, Manila
4. Dr. Marcial Zerrudo-c/o Medico-Legal Office, Manila
The Honorable City Prosecutor 5. Dr. Zoilo Belmonte - c/o
ManIla 6. SPO2 Jaime Ortiz - SIG

(Attn: Inquest Prosecutor) FACTS OF THE CASE:

Sir: Investiogation disclosed that the victim and the suspect were log-
time friends. On Nov. 20, 1992, at around 7:30 p.m. two men, together eith
several others had a drinking spree inside the house of the victim. After con- 7. Kinds of Evidence:
suming several bottles of beer, aheated altercation ensued between one of
the victims guest’s and suspect which eventually led to a fishlight. The victims a) Direct, Cumulative, Circumstantial or Corroborative Evidence:
interviewesd but was stabbed by the suspect. The victim was conveyed to
the JRRMH in Manila, but was pronnounced DOA by the attending SOD. The (I) Direct or Positive Evidence - proves the fact in dispute di-
suspect, who was apprehend by the respponding police officer’s, was turned rectly ithout need of any inference or presumption.
over to this office for investigation.
(ii) Cumulative Evidence - Is a additional evidence of the same
The suspect, after having been informed of this constitutyional rights, refused kind, and to the same state of facts.
to give any written statement. However, the suspect was positively identified
as the assailant by herein witness during a confrontation. (iii) Cirsummstantials or Indirect Evidence - is that which tends
to established a fact by proving another. It does not of itself conclusively
On account the foregoing, the suspect was placed under arrest and the establish a disputed fact, but merely creates an inference or presumption
charge of HOMICIDE against him will be brought to the attention of an inquest of its existence.
fiscal for proper disposition and recommendation.
b) Judicial and Extra0Judicial Evidence:
This case will be brought to you by SPO2 Jaime T. Ortiz of this Com-
mand. (I) Judicial - All testimony given by witnesses in court, all docu-
ments produced and read by the court, and all things personally examined by
the court for purpose of proof.
Very respectfully,
(ii) Extra-Judicial - All evidential facts which are known to the
courts only by way of inference from some form of judicial evidence.
EDUARDO G. MERCADO
Chief Insp PNP c) Positive and Negative Evidence:
Investigation Chief
(I) Positive - When the witnesses states that an event happened
RECOMMENDATION: or that thing exists.

(iii) Negative - When the witness states that he did not see or does
____________________________ not know of the happening of the event of the existence of the
(Inquest Prosecutor) thing.
 Chapter 11
(iii) Using the Rules of Evidence, establish the elements of the offense
EVIDENCE as well as the identity of the subject.

(iv) Aside from oral testimony, documentary evidence and physical

1. Evidence Defined. Evidence is means, sanctioned by the Rules of Court, of ascertaining in objects or substances, facts may be established by:
a judicial proceeding the truth regarding a matter of fact. It is the means by which any matter of
fact, the truth of which is submitted for investigation, may be established or disapproved. While [1] Stipulation
evidence is the means, proof is the result of evidence. [2] Judicial notice or facts judicially noticed as part of the
evidence.
2. Object of the Law of Evidence. The object of the law of evidence is to have a scientific in- [3] Certain presumption of law that are unrebutted.
quiry of a matter under investigation to established the truth by use of perception and logic. [4] Certain conclusive presumption of law.

3. Source of Evidence. The source of evidence are the very sources of human knowledge,
namely : (a) our own senses; (b) the testimony of men, whether oral or written; and (c) the infer-
ence which reason draws as to fact unknown, from another which is known. According, these
are the three sources of evidence: real, testimonial and cicumstancial.

4. Distinction Between Evidence and Testimony. Evidence is more comprehensive than

testimony - the latter being the declaration of a witness and evidence being the conclusion from
all the facts established at the trial by testimony, by events, by circumstances, by writing,
records or other memorials.

5. The Instruments of Evidence:

a) Oral testimony.
b) Documents, public or private.
c) physical objects or substances.

6. Necessity of Rules of Evidence in Court Trial.

a) Evidence must be sifted so that the court will receive only the facts of the
case.
b) At the trial:

(I) The prosecution has to establish the corpus delicit or body of the
crime.

(ii) The defendant must be identified as the criminal actor responsible for
the crime.
 (ii) Conclusive Evidence - That which the law does not allow to be
7. Kinds of Evidence: contradicted, as in the case of a conclusive presumption. It is so strong
as to overwhelm all other evidence to the contrary of that which is so
a) Direct, Cumulative, Circumstantial or Corroborative Evidence: convincing as to amount to a demonstration and is uncontrovertibly.

(I) Direct or Positive Evidence - proves the fact in dispute directly e) Primary (Best) and Secondary Evidence:
without need of any inference or presumption.
(I) Primary or Best Evidence - That which affords the greatest certainty of
(ii) Cumulative Evidence - Is a additional evidence of the same kind, and to the fact in question. A deed or other written in instrument is primary
the same state of facts. evidence of its contents.

(iii) Cirsummstantials or Indirect Evidence - is that which tends to (ii) Secondary Evidence - That which is inferior to a primary evidence,
established a fact by proving another. It does not of itself conclusively and which upon its face shows that better evidence exists.
establish a disputed fact, but merely creates an inference or presumption
of its existence. BEST EVIDENCE RULE. When the subject of inquiry is the contents of a document, no evi-
dence shall be admissible other than the original document itself, except in the fol-
b) Judicial and Extra0Judicial Evidence: lowing cases, where secondary evidence may be presented:

(I) Judicial - All testimony given by witnesses in court, all documents [1] When the original has been lost or destroyed, or cannot be produced in court, without bad
produced and read by the court, and all things personally examined by faith on the part of the offender. The offender may be prove its contents by a copy, or
the court for purpose of proof. by a recital of its contents in some authentic document, or by the testimony of wit-
nesses in the order stated, but only after proof of the execution or existence of the origi-
(ii) Extra-Judicial - All evidential facts which are known to the courts only nal and the cause of its unavailability without bad faith on his part.
by way of inference from some form of judicial evidence.
[2] When the original is in the custody or under the control of the party against
c) Positive and Negative Evidence: whom the evidence is offered, and latter fails to produce it after reasonable notice. The
adverse party must have reason-able notice to produce it. After such notice and after
(I) Positive - When the witnesses states that an event happened or that satisfactory proof of its existence, secondary evidence may be presented as in “(1).”
thing exists.
[3[ When the original consist of numerous accounts or other documents which
(ii) Negative - When the witness states that he did not see or does not cannot be examined in court without great loss of time, and the fact sought to be estab-
know of the happening of the event of the existence of the thing. lished from them is only the general result of the whole; and
d) Prima Facie and Conclusion Evidence:
[4] When the original is a public record in the custody of a public officer or is
(I) Prima Facie Evidence - That which, standing alone, unexplained or recorded in a public office, its contents may be proved by a certified copy issued by the
uncontradicted, is sufficient to maintain the proposition affirmed. It is public officer in custody thereof. [Sec. 3,5,6,7; Rule 130.]
sufficient to establish a fact and, if not rebutted remains sufficient for that
purpose. 8. Forms of Evidence:
a) Real Evidence - That which is addressed to the senses of the court, as when objects are ex- b) Competent.
hibited for the personal observation of the judge. It is also called autoptic preference (evidence
of one’s own sense). Whenever n object has such a relation to the fact at issue as to afford rea- (I) This means that the evidence is not be excluded by the Rules of Court
sonable grounds of belief regarding the fact, such object may be exhibited to or viewed by the or some other law.
court, or its existence, situation, condition or character proved by witnesses, as the court in its
discretion may determine. (ii) When applied to a witness, such witnesses must be qualified to testify.

b) Documentary Evidence - One which is supplied by written instruments, or derived c) Material.

from symbols which ideas are represented on material substances, like letters, wills, deeds, or
contracts. Evidence must have some weight or force or significance. In essence, it is a
higher degree of relevancy.
c) Testimonial Evidence - Testimonial evidence is the testimony or statement of a person,
which may be or written. Often the latter kind are documents, deposition and affidavits. 10. HEARSAY RULE. Under the hearsay rule, the testimony of a witness on matters of which
he has no personal knowledge is not admissible in evidence.
Qualification of Witnesses - All persons who can perceive and, in so perceiv-
ing, can make known their perception to others, may be witnesses, except those who Exception to the Hearsay Rule:
are absolutely or relatively disqualified under the law. Persons who are absolutely dis-
qualified to become witnesses are (I) those who are of unsound mind at the time of their a) Dying Declaration - the declaration of a dying person, made under the consciousness of an
production for examination, to such an extent that they are not capable of intelligently impending death, may be received in any case wherein his death is the subject of in-
making known their perception to others, and (ii) children who appear to the court to be quiry, as evidence of the cause and surrounding circumstances of such death.
of such tender age and inferior capacity as to be incapable of receiving correct impres-
sions of facts regarding which they are examined, or of relating them truly. b) Declaration Against Interest - Statements of a person deceased or outside of the
Philippines, or otherwise unable to testify, against his own pecuniary or proprietary in-
Religious or political beliefs, interest in the outcome of the case, or conviction of terest.
a crime, unless otherwise provided by law, shall bot be grounds for disqualification.
c) Act or Declaration About the Peligree of a person, made by another person related
9. Evidence Must Be: to him by birth or marriage, who is deceased or unable to testify.

a) Relevant. d) Family Reputation or Tradition - Regarding Peligree, which existed prior to the con-
troversy. The witness is a member of the family.
(I) This refers to evidence connected with or which sheds light upon the
disputed. e) Common Reputation, existing before the controversy regarding facts of public or
general interest more than 30 years old, or regarding marriage or moral character.
(ii) The charge in the information or indictment determines the relevancy
of the evidence. f) Statement Forming Part of the Res Gestae. - statement made by a person while a
starting occurrence is taking place or immediate prior or subsequent thereto, with re-
(iii) Relevancy is determined by common sense. It is a matter of logic. If the spect to the circumstances thereof , may be given inevidence as part of the res gestae.
evidence is logically relevant, it is admissible and will be admitted unless a technical So, also statements accompanying an equivocal act material to the issue, and giving it
rule exclude it. a legal significance, may be receive as part of the res gestae.
g) Entries in the course of Business.

h) Entries in official records.

I) Commercial list and the like.

 j) Learned treatises.

k) Testimony or deposition at a former proceeding.

11. Proof Beyond Reasonable Doubt. In a criminal case, the defendant is entitled to an ac-
quittal unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable
doubt does not means such a degree of proof as, excluding possibility of error, pro-
duces absolute uncertainty. Moral certainty only is required, or that degree of proof
which produces conviction in an unprejudiced mind.

12. When circumstantial Evidence is Sufficient to Convicts:

a) When there is more than one circumstances;

b) When the facts from which the inferences are derived are proven; and
c) When the combination of all circumstances is such as to produce a conviction be-
yond reasonable doubt.

13. What is Motive? Motive is the reason which pushes a person to commit an act with a def-
inite result in mind. it is not an element of crime but may be use when the identity of
the offender is unknown.

14. When Should Motive be Proved? Proving motive may become necessary in case there is
doubt as to whether the accused committed the crime or not, or when the evidence on
the commission of the crime is purely circumstantial or inclusive.
 Chapter 12 Any confession obtained in violation of the foregoing shall be inadmissible in
CONFESSION AND ADMISSION evidence against him. furthermore, the officer who secures a confession in violation of
any of these rights may be held liable for damages under Article 32 of the Republic
A. CONFESSION: Act no. 386.

1. Confession Defined. It is the declaration of an accused expressely acknowledging his guilt 5. Corroborating the Extra-Judicial Confession of an Accused. It must be corroborated by
of the offense charged. (Statutory Definition.) evidence of corpus delicti to sustain conviction. This requirement does not mean that
every element of the crime must be proven by evidence independent of the confession,
Confession is an express acknowledgement by the accused, in a criminal case, but rather, that there must be some independent evidence to show that a crime was
of the truth of his guilt as to the crime charged, or of some essential part thereof. (U.S. committed.
Vs. Tea, 23 Phil. 64)
6. Confession Made by a Defendant Against a Co-Defendant. A Confession made by a de-
2. Effect of Confession. The confession of the accused may be given in evidence against fendant is admissible against himself but not against himself his defendant (based on
him in the investigation or trial of the offense with which he is charged. the rule on res inter alios acta), unless the defendant are being prosecuted for a crime
involving conspiracy, the confession of one conspirator may be admitted in evidence
3. Types of Confession: against his co-conspirator.

a) Judicial confession or confession in open court. 7. Best Method of Ratifying a Confession. Confessions made by a suspect before an inves-
tigator should be sworn to preferably before a prosecutor or municipal/city judge.
b) non-judicial confession, which is also called “out-of-court” or extra-judicial confes-
sion. This kind of confession is inadmissible unless corroborated by proof of corpus 8. Crime Reenactment. This is accomplished through the use of movie cameras and tape
delicti. recorders by qualified technicians. In such reenactment procedure, the written confes-
sion is used as the script and the officer should ensure that the details of the crime as
c) Involuntary, which is a “forced” confession, and therefore inadmissible in evidence. reported by the accused are followed during the reenactment. This strengthens the
prosecutors case and serves to convince the judge that the accused, whose face ap-
d) Voluntary, when the confession was not induced by promises of benefit or reward, or by pears on the screen, was not maltreated nor affected by sinister psychological influ-
force, violence, threat, intimidation, duress, or any other means which vitiates the free ence. To be admissible evidence, some person should be able to testify on the authen-
will of the accused. A person who confesses that he committed a crime in effect ticity on the recording.
waives his right to remain silent. therefore, for the confession to be valid, it must not
only be voluntary, but also in writing and made with the assistance of counsel of his own B. ADMISSIBLE:
choice, with full understanding of the consequence of such confession.
1. Admission Defined. It is a voluntary acknowledgement in express terms or by implication,
4. When is a Confession Inadmissible? No person shall be compelled to be a witness by a party in interest or by another by whose statement he is legally bound, against his
against himself. Any person under investigation for the commission of an offense shall interest, of the existence or truth of a fact in dispute material to the issue.
have the right to be informed of his right to remain silent and to have competent and in-
dependent counsel preferably of his own choice. If he cannot afford the service of 2. Distinguished From Confession. A Confession is a voluntary statement either oral or writ-
counsel, he must be provided with one. These rights cannot be waived except in writing ten, made by a person charged with the commission of a crime to another person
and in the presence of counsel. No force, violence, threat, intimidation, or any other wherein the suspect admits participation in, or commission of, the criminal act, while an
means which vitiates the free will shall be used against him. admission is a statement by the accused regarding facts pertinent to crime. The latter
 tends, in connection with proof of other facts, to prove the suspect’s guilt. To be admit-
ted as evidence, an admission must relate to relevant and material fact. a confession is
only admissible against the confessor while an admission may be used even against a
co-defendant.

3. Admission of a Party. The act, declaration or omission of party as to a relevant fact may
be given in evidence against him.

a) Offer of Compromise. In criminal cases, except those involving quasi-offense (crim-

inal negligence) or those allowed by law to be compromised, an offer of compromise by
the accused may be received in evidence as an implied admission of guilt.

b) Plea of Guilty Later Withdrawn or an Unaccepted Offer of Plea of Guilty to a lesser

offense is not admissible in evidence against the accused who made the plea or offer.

c) Offer to Pay or Payment of Medical, Hospital or other Expenses occasioned by an

injury is not admissible in evidence as proof of civil or criminal liability for the injury.

4. Admission by Third Party. The rights of a party cannot be prejudged by an act, declara-
tion, or omission of another, except:

a) An admission by a co-partner or an agent.

b) An admission by a co-conspirator, when the conspiracy has been established by evi-
dence.
c) An admission by one who is in privity with the party against whom the admission is
sought to be used.
d) An act or declaration made in the presence and within the hearing or observation of
party, who does or says nothing, when the act or declaration naturally calls for action or
comments it not true.
 Chapter 13 ANSWER: Yes, sir.
CONSTITUTIONAL REQUIREMENT QUESTION: Having been informed of your right under the Constitution to remain
ON CUSTODIAL INVESTIGATION silent, do you wish to proceed with this investigation?
ANSWER: Yes, sir.
1. Section 12, Article III, 1987 Constitution. QUESTION: Do you wish to be assisted by a counsel of your own choice?
ANSWER: I do not need the assistance of counsel.
(1) Any person under investigation for the commission of an offense shall have QUESTION: You are also reminded that whatever.
the right to be informed of his right to remain silent and to have competent and inde- Statement you will give might be used against you. Is this clearly
pendent counsel preferably of his own choice. If the person cannot afford the service understood by you?
of counsel, he must be provided with one. These right cannot be waived except in ANSWER: Yes, sir.
writing and in the presence of counsel. QUESTION: In short, you are waiving your right to counsel in this investigation/
ANSWER: Yes, sir.
(2) No fortune, force violence, threat, intimidation or any other means which vi- QUESTION: Are you willing to sign a waiver to that effect with the assistance of
tiate the free will shall be used against him. Secret detention place, solitary, incommu- Atty. Antonio Soliman, who is here present?
nicado, or other similar forms of detention are prohibited. ANSWER: Yes, sir.

(3) Any confession or admission obtained in violation of this or Section 17

hereof [ on suspect’s right against self-incrimination] shall be inadmissible in evidence
against him.

(4) The law provides for penal and civil sanctions for violations of this section as well as com-
pensation to and rehabilitation of victims of torture or similar practice, and their fami-
lies.

2. Formats of Sworn Statements in Compliance With Sec 12 Art III of the 1998 Constitu-
tion:

a) Format of Sworn Statement in English:

Sworn statement of JUAN DELA CRUZ BY INVES. LT. JOSE STA ROMANA at the of-
fice of the directorate for Investigation, Camp Crame, Quezon City, in the presence of
SPO4 Jorge Nunez, this 20th day of August 1992.

Preliminary; Mr Juan Dela Cruz, you are being informed that you are under investiga-
tion for your involvement in the commission of an offense. You are reminded that un-
der our new Constitution, you have the right to remain silent and to be assisted by coun-
sel, this office will provide you with a lawyer free of charge. Any statement that you will
make can be used for or against you in any court of law in the Philippines. Is this
clearly understood by you?
 CERTIFICATION / WAIVER

I, JUAN DELA CRUZ, do hereby certify that before taking down my statement
s, the investigator had fully explained my constitutional Rights under Sec. 12 Art III of
the New Constitution, which are fully understood, and I hereby waive my aforesaid
rights to remain silent and to be assisted by counsel in the presence of and with the as-
sistance of Atty. Antonio Soliman.

JUAN DELA CRUZ

Affiant

Assisted by: Antonio Soliman Counsel

QUESTION: Are you ready to give a free and voluntary statement?

ANSWER: Yes, sir.
Q1: Please state your name and other personal circumstances.
A: JUAN DELA CRUZ, 50 yrs old ,married and residing at lot 70, Blk.
70 Francisco Homes, San Jose Del Monte, Bulacan.
Q2: Please state the name of the school(s) you have attended.
A: xxx xxx xxx
Q3: Do you know why you are here? OR Do you know why you were invited
for questioning.
A: xxx xxx xxx
Q12: The investigator has nothing more to ask you for the present. Do
you have anything.
A: No more.
 Q13: Are you willing to sign this statement of yours, consisting of______
pages, including this last page, and affirm under oath to the
truthfulness of the same?
A: (The answer to this question should not be typed but should written in
the suspect’s or witness own hand. The typist should leave a space for the handwritten
answer of the affiant and the latter should be made to write out, in his own hand, the
following statement:”Yes", sir, I have read this statement of mine consisting of
__________ pages and it is the truth. I made it of my own free will, without any threats
or promises having been made to me by anyone.”)

b) Format of Sworn Statement in Filipino:

SINUMPAANG SALAYSAY NI JUAN DELA CRUZ NA KINUHA NI INVES.

SPO4 JOEL DELOS REYES NITONG IKA-20 NG AGOSTO 1989 SA TANGGAPAN
NG DIRECTORATE FOR INVESTIGATION, CAMP CRAME, QUEZON CITY, SA
HARAP NI SPO1 JORGE MERCADO.

PASUBALI: Mr. Juan dela Cruz, ipinagbibigay alam namin sa inyo na kayo ay
inuusig tungkol sa isang kasalanan. Pinaalala namin sa inyo na
sa ilalim ng ating Bagong Saligang Batas ay karapatan ninyo ang
magsawalang-kibo at magkaroon ng patnubay ng mananang-
gol sa sarili ninyong pili. Ito ba ay nauunawaan ninyo?

SAGOT: Opo.
TANONG: Pagakatapos na maipabatid sa inyo ang inyong karapatan sa ilalim
ng ating Saligang Batas na magsawalang-kibo, nais ba ninyong
ipagpatuloy ang imbestigasyong ito?

SAGOT: Opo.
TANONG: kailangan mo ba ng manananggol?
SAGOT: Hindi ko na po kailangan ng manananggol sa imbestigasyong ito.
TANONG: Pinapaalala rin namin sa inyo na anumang salaysay ang ibibigay
ninyo sa imbestigasyon ito ay maaaring gamitin laban sa inyo.
Ito ay nauunawaan ninyo?
SAGOT: Opo.
TANONG: Handa ka na ba bang magbigay ng isang kusangloob na salaysay?
SAGOT: Opo.
 pawang katotohanan. kusang-loob ko itong ibinigay, nang walang pananakot o pan-
gako mula kanino man”)
PAGPAPATUNAY

AKO, SI JUAN DELA CRUZ, ay nagpapatunay na bago kinuha ang aking

salaysay, ipinaliwanag sa akin ng imbestigador ang aking mga karapatan sa ilalim ng
Sec 12 Art III ng Bagong Saligang Batas, at ito ay naintindihin ko, at dahil dito ay isinas-
antabi ko ang naturang karapatan ko na magsawalang-kibo at magkaroon ng pat-
nubay ng manananggol sa harap at sa tulong ni Atty. Antonio Soliman.

JUAN DELA CRUZ

Nagsasalaysay

Sa tulong ni: Antonio Soliman

Manananggol

TANONG: Handa na ba kayong magbigay ng malaya at kusangloob na

salaysay?
SAGOT: Opo.
T1: Pakisabi lang po ang inyong pangalan at ibang personal na bagay
tungkol sa inyo.
S: Ako po ay si JUAN DELA CRUZ, 50 taong gulang, may-asawa at
naninirahan sa Lot 70, Blk. 70, Francisco Homes, San Jose del
Monte, Bulacan.
T2: Ano-ano po ang mga paaralan pinasukan ninyo?
S: xxx xxx xxx
T3: Alam niyo ba kung bakit kayo naririto? O kung bakit kayo
naimbitihan para sa isang katanungan.
S: Opo.
T12: Ang imbestigador ay wala nang itatanong inyosa ngayon. Mayroon
pa ba kayong ibig sabihin o idagdag sa salaysay ninyo?
S: Wala na po.
T13: Nais niyo bang lagdaan ang salaysay niyong ito na may _____
pahina, kabilang na ang huling pahina, at panumpaan na pawang
katotohanan ang sinsabi niyo sa nasabing salaysay?
S: ( Sagot sa katanungan ito ay hindi dapat i-type kunid ay nakasulat sa
kamay ng suspect o ng witness. Ang nagmakinilya nito ay dapat na magiwan ng es-
pasyo para sa sagot na isusulat ng nagsasalaysay, at itong huli ay dapat na ganito ang
isulat: “Opo, nabasa ko ang salaysay kong ito na may _____ pahina at ito ay ang
 Chapter 14
PREPARATION OF CASES
FOR TRIAL

1. In General. Prior to testifying in a case, the investigator should prepare his testimony in an-
ticipation of logical question. He should be cognizant of the rules of admissibility and of
the evaluation factors that govern the probative value of evidence. The full history of his
association with the evidence should be at his fingertips. A careful study of his notes
and the records of the case on file with jis office will refresh his memory and able him to
select the significant parts of the accumulated data of the investigation. He should be
so familiar with his case that at all times he is prepared to use his wits to the best of his
advantage, expressing his information upon the issue in a fair. convincing, and forcefull
manner. He must avoid errors confusion, and inconsistencies which may lead to loss
of poise and composure and thus undermine the confidence of the court in his credibil-
ity. He must know his case well enough to report all facts without reference to notes ex-
cept data, such as numbers, dates and addresses. A failure to conduct review of a
case will result in misstatements, omission of material facts, and even contradiction.
This is particularly true of those cases which involve events that occured some months
in the past.

(a) Why prepare? A case must be properly prepared to withstand the stress and strain
of a trial.
(b) whose problem is the preparation of the case? Some officers think that this is just a
problem of the prosecutor handling the case. Actually, it is as much a police problem
because it is our duty to see to it that the guilty is convicted and punished, and the inno-
cent freed.
(c) The partnership. The investigating officer who has lived with case since its incep-
tion must render all asistance to the prosecutor who is responsible for the conduct of
the trial.

2. The Preparation Timetable:

a) preparation of the Complaint.

(I) The investigator must know the basis for the authority to investigate the
case. At the same time, the officer should start the evaluation of his witnesses.
 [2] Evidence must be kept at the headquarters. Do not mingle evidence with
(Ii) Familiarize yourself with specific violations. The investigator must know the other articles.
elements of each violation so that he can decide whether the facts reported constitute
any violation. (Vii) Possible Defense:

(Iii) Keep in mind the Statue of Limitations. This is especially true in a series of [1] Instigation - Who had the first criminal impulse?
embezzlements. Find out if the earlier case have prescribed. Check the dates in [2] Alibi - A weak defense whichnevertheless must still be proved or
chronological order to ensure that the case is not barred by prescription. disproved.
[3] Statute of Limitations - Is the case barred by prescription?
B) Preparation During Investigation: [4] Good character - Ready information on this may be used to disprove the
suspect’s claim of good character.
(I) Reasonable doubt. [5] Double jeopardy - Bring this to the attention of the prosecutor so he
[1] The Prosecutor - The prosecutor must prove beyond reasonable doubt can decide on the matter.
(moral certainly) that the accused committed the crime. [6] Insanity - If this defense might possibly be raised, inform the prose-
cutor so
[2] The Defense Counsel - The defense counsel does not have to prove inno-
cense. He must only convince the court that reasonable doubt exists.

[3] The court - The Court has not worked on the case as the investigator has
and , therefore, needs strong, convincing evidence to overcome a reasonable doubt as
to the guilt of the accused.

(Ii) Principal Rules of Evidence. - The investigator must know the principal rules of evi-
dence as they apply in criminal cases. While he is not expected to have a trial lawyer’s
familiarity with rules on evidence, he must atleast have a practical working knowledge
of the same.

(Iii) Notes - Good and complete notes mean better testimony. Do not have notes on
more than one interview on the same paper.

(Iv) Signed Statements - These prevent the witness from making false testimony during
the trial. They may also be used to refresh witness memory.

(V) Charts and diagrams should should be used whenever relevant and appropriate.
They give the court the most complete picture of the incident.

(Vi) Identification and preservation of evidence:

[1] Identification must be made at the time the evidence is found.

he can prepare for it. (Vi) Last minute leads. - Give them to the prosecutor and investigate.
[7] Justification - Determine if facts intended to justify the act are true or false.
[8] Provocation - Determine its presence in advance. (Vii) background of defendant.
[9] Mitigation
[10] Necessity 3. Witnesses Protection.
[11] Compulsion.
[12] Duress - The best way to defeat this defense is by NOT doing it. Have Republic Act No. 6981 is the Law on Witness Protection, Security and Benefit
other people present to testify against it just in case it is raised.\ Program. Keep it in mind especially when the witness is vital to the prosecution.
[13] Intoxication - Detemines feasibility of an examination by a doctor.
4. Conclusion.
(Viii) Pre-conceived notions - Do not substitute such notions for admissible evidence
which will prove guilt. You may feel sure he is guilty but your feelings are not admissi- A) Law enforcement officers are responsible for facts.
ble at the trial. B) A brilliant investigator who makes a poor preparation may lose the case.

C) Preparation While Awaiting Active Trial :

(I) Prepare the prosecutive summary - Give the investigator and the prose-
cutor a complete picture of the case. This is done in writing. The evidence is
assembled and if there are loopholes, they will show up.

(Ii) Contents of prosecutive summary:

[1] Narrative of offense.

[2] Names of defendants
[3] Date and place of commission of crime.
[4] Statute of limitations.
[5] Other data helpful
[6] Priliminary prosecutive action.
[7] Identify of witnesses.
[8] Testimony expected
[9] Criminal record.

(Iii) Conference with the prosecutor - Tell the prosecutor the week as well as
the strong points of the casein order to give him an opportunity to equip himself for it.

(Iv) Review your testimony. Have a dry run, if necessary.

(V) Documentary and physical evidence. - Locate all documentary and physi-
cal evidence and make sure that they are properly preserved.
C) Impression in the courtroom and on the public. - - The prosecutor and the judge can
easily tell whether ot notthe investigating officer has properly prepared his case for the
trial.
D) Public relations angle. - - The organization as well as the individual officer will be
shown in a poor light should a person obviously guilty go free because the case was
improperly prepared.
E) Accomplishments and budgetary request.- - A solid arrest and conviction record is
a persuasive argument when additional funds are needed by the organization.
 Chapter 15
TESTIFYING IN COURT 2. Incidental Influence. Although preparation is of vital importance, there are incident influ-
ences which cannot be safety disregard. Always remember that there is no such thing
as an airtight case. One of these incident influence in personality.
1. Introduction. Just as a boxer condition and train himself before entering the arena, the po-
lice witness should condition and train himself before taking the witness stand. He does a) It is said that personality is a gift of the gods given to some to impress others.
this by proper preparation and adjustment of his mental attitude. He may deliver the b) But if we can realize our shortcomings, we can work on them and thus improve our-
knockout punch or may be on the receiving end. All conceivetactics are to be expected selves.
in the course of trial. During his cross examination, for instances, it tends to bea no- c) it may be said that personality is the total effect of numerous human attributes such
holdbarried contents. He must look good on that stand. If he does not, he might as as:
well give up. Testimony in court is nothing more than an attempt to influence the think-
ing of the judge. Done properly, the police witness may well be the champion of the (I) Empathy.
people. In this respect, each man must realize his own shortcoming and attempt to do (ii) Directness.
something about it. (iii) Frankness.
(iv) Courage.
a) A trial at law is simply a competition in persuasion. (v) Pleasing manners.

Persuasion is an act of influencing the mind by arguments and reason-

ing. It is not only a combination of what we hear and see but also in cludes the
motion, will, and prejudice.

b) Of value to attorneys and also to investigators would be discriminating and

practical study of the human mind as it functions in a practical worrld.

(I) An imvestigator must be learn something about human nature. He

should recognize the fact thatno two person are alike.

(Ii) learn what to expect of people.

(Iii) These are attained by study, observation and sometimes, unfortu-
nately, by costly experience.

c) It has been correctly said that one of the greatest obstacle to success in persuasion
is ignorance.

(I) People are not often persuaded by persons who give the impres-
sion that they donot know what they are talking about.

(Ii) If people who listen to us start to dispute what we are saying,

we make a poor start of persuasion. Know what you are talking about and
develop this ability to be convincing to others.
 [4] Be sure you can give reason for everything you say. You
d) Knowing these, personality can be developed. should, therefore, have an entire picture of the case so you know
were your testimony will fit in.
3. Succession in Persuasion. Success in persuasion largely depends upon the unconscious
estimate by the listener of the qualities of sincerity and accuracy of the speaker. If we (vi) Absence of Egotism:
fail to convince people of our sincerity and accuracy, what we say tends to fall by the
wayside. we may convince people of our sincerity but id we are not accurate, it is still [1] Do not be a know it all. The judge will not like it and it becomes
not good enough. that much harder to convince him.
[2] It irritate people, perhaps including the defense of attorney.
a) Sincerity. Defense attorney is apt to cross examine you more intensily and
extensively.
(I) Directness. [3] Do not be a lulled into a sense of false security by simple
[1] Forthright, straight-forward statement of facts. question.
[2] Do not attempt to be clever.
[3] There should be no evasiveness or quibling on minor issues. (vii) Simplicity:
Remember that you are convincing the Court.

(ii) Frankness. State all the truth you see fit. Leave nothing out. provide
a precise answer to question asked.

(iii) Fairness.
[1] If your answer is favorable to the defendant, and in the natural
course of your testimony it has to come out, state so to givethe impression or
fairness.

[2] This will also show that you have many things, most notable of
which is insincerity.
[3] Never underestimate the court of the defence counsel.
[4] Be relaxed and keep cool head.
[5] Give the impression that you are happy to be there.

(v) Properly qualified statements.

[1] Donotcome out with a statement made solely for the purpose of
effect.
[2] Do not put on an act. do not be a comedian or a
shakespearean artist.
[3] Many times understatement is more effective than an over
statement.
 [1] Use statement that are short and easy to understand. [1] Do not try to curry favor by giving undo inflection to what are
[2] Avoid technical terminology if you can. if You cannot, expalin you saying.
the term clearly. [2] Keep your voice in the same general level.
[3] You may about what you are talking about but the court might
give it a deferent meaning. (xii) Sef-control.

(viii) General Appearance. [1] Keep your wits

[2] Be calm, cool and collected
[1] To gain advantages of preparation, the prospective [3] Be aware of what you are going to say at all times
investigator-witness should attend a trial to familiarize himself with [4] Hold your temper. The defense lawyer wants you to do just
court proceed-ures. This would eliminated the unknown factors that so he can trap you.
and thus give him the appearance of self confidense. It gives [5] Do not let a case be lost because you lost your temper.
him a knowledge of what is to come. With reagrd to sidearm, the
better practice is to conceal. It to avoid display of authority or, better still, (xiii) Promptness of witnesse’s replies.
not to wear it at all.
[2] Do nothing and wear nothing that will detract that attention of
the court. Example, ribbons, medals, pecils and notebook
steaking of out the packets, etc.
[3] Botton your coat.
[4] Sit erect. Look at the person speaking to you. However, when
you answer the question, look toward the court.
[5] Keep your feet flat on the floor.
[6] Keep your hands off your packet.
[7] Dress well. Donot wear flashy clothes.

(ix) Manner.
Do not be knuckle-cracker, neck scracher fingernail bitter or
earpuller. In other words, control your mannerism.

(x) Voice quality.

[1] Give your answer in a clear, calm and confident, will controled
and well modilated voice.
[2] Gauge the softness or loudness of your voice by the farthest
man in the room. Can that man hear you clearly enough?
[3] Be careful with your accent.

(xi) Inflection.
 [1] Answer must be quick, especially in direct examination. [1] Names must be pronounced clearly and districtly.
[2] In cross-examination, give your answer some thought but [2] If in doubt, use the dictionary.
without noticeable hesitation as to give the impression that you are
figuring out what to say. (v) Control of emphasis.
[3] Beware of leading questions inthis respect.
[4] Do not hesitate to correct a wrong statement you made on the [1] One of the indications of insincerity is undue emphasis.
stand. [2] Learn where proper emphasis applies and where it does not.
[5] Hesitation during direct examination gives the defense counsel [3] Be objective in the words you use.
at opportunity to interpose objections.
(vi) Extent and accuracy of knowledge of subject.
The foregoing list tends to inspire confidence, without which all else fails. The
greatest enemy of persuasion is any kind of suspicion of the speaker, and until this is [1] Be prepared. Guard against losing notes to defense.
removed, his statements are worthless. [2] Know your own evidence.
--Where does it fit in the entire picture of the case?
b) The second test of persuasion concern the hearer’s estimate of the intelligence
and accuracy of the speaker. Consider the following:

(i) Clearness.

As you testify, speak not only audibly but clearly, so that no one will
question what you mean. Use short sentences and simple, everyday
words.

(ii) Brevity of statement.

[1] Do not make a speech on the witness stand.

[2] Do not attempt to try the case for the prosecuting attorney. Keep in
mind that he is the lawyer. Answer only what he asks you. Do not vol-
unteer information.

(iii) Selection of words, especially descriptive terms.

People have different ideas on different things. Few people reach con-
clusions by themselves. This is where prejudice come in. select your
descriptive phases so as not to offend any of these pre-conceived ideas.
In this manner, you will impress on their minds your dignity, and more so
if you use only decent words.

(iv) Pronunciations.
 --What are your identifying marks and where did you put c) Avoid stilted language and do not use slang. Use good English or Fil-
them? ipino as though you are speaking with a group of friends.
--What is your evidence?
d) Do not let yourself be put into the position of being an “expert” unless
4. Cross-Examination. As a witness, keep in mind that there are witnesses who testify but you have been qualified as such. It might cause you undue embar-
are honestly mistaken, who consciously or unconsciously exaggerate, or who, for friend- rassment.
ship, spite or reward, deliberately commit perjury. Truth and accuracy of testimony should e) Reminder. Conduct your self as a gentleman at all times.
be the aims in cross-examination in many instances is to lead a witness, under the sting of
attack, to attempt to retaliate in some way and thus, perhaps, be led into indirection of error
that will weaken or nullify his testimony.

On account of his duty, for his own protection, and as a means of making his own testi-
mony more effective, a witness about to be cross-examined should maintain the same atti-
tude of fairness toward the cross-examiner as toward the prosecutor.

Cross-examination is an attempt to destroy adverse testimony. Do not

look at the defense counsel with contempt.

5. Other Things Which Could Cause a Suspicion of Untruthfulness in the

Mind of the Court.

a) Repetition by the witness perfectly audible and plain questions. If

you do not understand it, ask that it be repeated but do not be the one
to repeat it. This would indicate insincerity or ignorance of that you
are stalling for time.
b) Unnatural emphasis. This gives the impression of personal interest
on the case.
c) A defense smile or nervous laugh gives the wrong impression to the
court by making the people feel that you are treating the case lightly.
d) Unnecessary, affected, and minute of over detailed accuracy. Facts
become lost in a maze of details.

6. Conclusion.

a) Do not distort anything.

b) Tell your Story in your own way. Be natural.
 HANDLING
OF SPECIFIC CASE c) Expressive Crowd – An expressive crowd is a group in which the people
are held together by some common purpose. They usually hold more or
Chapter 16 less similar attitudes for against something. They are ordinarily under
PREVENTION AND CONTROL the direction of a well-defined leadership and display a undefined mood.
OF MOBS AND RIOTS
Example:Political rally, picket line, religious revival.

1. Preliminary Remarks. A primary responsibility of the PNP is to maintain Note: An expressive crowd is at the same time a cohesive crowd.
law and order. The police can best perform this vital role when they have
the wholehearted support of all segments of the community – civic organi-
zation, church leaders, public officials, business leaders, news media and
other responsible members of the community.

2. Types of Crowds:

a) Causal Crowd – A casual is a group of people who happen to be

present at a given place but who are unified or organized. They are bent
on their individual ways, with no common interest or purposes. They
have no particular leader.

Example: A group of shoppers.

b) Cohesive Crowd -- A cohesive crowd is a group of people who are as-

sembled for some specific purpose. Held together by a common interest,
their action is directed toward some common focus. The interest that
brought them together is in most cases momentary and they are usually
not under well-defined leadership.

Examples: An audience at a concert, fans at a sporting event, people wat-

chiong a fire, or those present at the scene of an accident.

Note: A casual crowd can very easily turn into a cohesive crowd.
 d) Yielders. They hang back on the sidelines and do not participate un-
d) Aggressive Crowd – In this type, the people, under positive leadership til the large number of persons participating gives the impression of
and strong emotions, engage in some kind of aggressive action. Ordi- universality.
narily, they come together because of strong feelings about some issue e) Supportive. They do not actively join the mob but enjoy the show and
and show definite unity of purpose. Their actions may be impulsive and even shout encouragement.
highly emotional and, unfortunately, may become destructive. The ag- f) Resisters. They maintain level heads and disagree with the actions
gressive crowd is at the same time expressive and cohesive. of the majority.
g) Psychopatic individuals. They use the riotous situa-tion as a means
3. Basic Behavior Patterns in Mobs. The following classification is not nec- of getting even with society.
essarily intended to be mutually exclusive or all-inclusive. There may be
combinations of these behavior patterns or others observed in many mob 5. The Pattern of Preparation.
situations.
a) Factors which prepare the way:
a) Aggressive. Often, the object of the violence is some person or groups
of persons while at other time, it may be property; in some cases, both. (i) Verbal aggression.
b) Escapist. This is seen in panic situations. Individuals driven by over-
whelming fear react emotionally and irrationally to avoid the source of
the danger. If, at the onset of the panic, firm leadership spring up which
brings the crowd to its sense, the dangerous escape behavior may be
avoided.
c) Acquisitive. What Starts out in some case as a right soon changes into
a wild and uncontrolled looting spree.
d) Expressive. Expressive behavior can very easily be converted into one
of the other types by a demagogue or professional agitator.

4. The People Involved.

a) Impulsive and lawless person.

b) Suggestible persons. They get into the action early.
c) Cautious individuals. They wait for the cloak of anonymity to give
them courage to act.
 (ii) Increased irritation caused by frustrations. e) Hysterical, uncontrolled violence, anonymity and universality. The in-
(iii) Group discontent. dividual mob member tends to feel a loss of personal identity. There
(iv) Provocation, real or imaginary. is a tendency to believe that everyone is involved.
(v) Previous isolated case of violent aggression. f) Spread of violence. When the mob violence gets into high gear, the
(vi) Social contagion or social facilitation. objects against which the violence is directed become more general-
ized and can include persons and property far removed from the
b) The role of rumor. Rumor plays a major part in crystallizing group or original targets.
public opinion. Some experts believe that no riot ever takes place
without a build-up through rumor. A rumor can often be the spark that 7. Aftermath. It stimulate determination to prepare for the “next one”.
sets off the explosion. It is circulated rapidly and through distortion, it
grows in its ugliness at each recitation. 8. Leadership. Sometimes spontaneous and sometimes calculated and orga-
nized, these are the people who whip up the frenzy after which they stand
6. The Pattern of Action. When the tension has built up, when the frustration back and let the others do the actual fighting.
has existed long enough, and when rumor has done its work, the conditions
are ripe. Every little clash must be regarded as a spark that can start the
fire.

a) British stage. The mass action is announced and publicized in ad-

vance. Rabid members of the crowd test the temper of the situation.
There is here a good deal of name-calling. Unless the situation is
firmly controlled by even-handed action during this stage, the action
can lead rapidly to bloodshed.
b) Growth of the crowd. Individuals members of the mob may detach
themselves momentarily to enlist more recruits. As the crowd grows,
so do the rumors, and through social facilitation, increasingly danger-
ous behavior is abetted.
c) Milling. Members of the mob move around from one small group to
another to warn friends, get recruits, pass on rumors and add to the
hysteria. There will be undercurrents of excitement, uncertainly, and
testing as a they contact each other.
d) Precipitating event. When the frenzy reaches fever pitch, an event of
the type noted during bristling name-calling) and milling will flare up
and the riot is on.
 a) Identification of critical areas or possible trouble spots. Detailed maps of
9. Symptoms to Which Police Must be Alert. these of these areas should be prepared, including access routes, topo-
graphical features, sheltered mobilization points or staging areas for po-
Increased bitterness as shown in: lice personnel, escape routes, and likely check or screening points for
the admission of authorized persons or vehicles through police lines to
a) Sentiments and opinion of the populace. Sentiments are the people’s special zones. Vulnerable premises such as fire-arm dealers and ar-
true feelings toward an issue. Opinions are verbal expressions of mories should be pinpointed as special posts.
sentiment. When people express themselves with the less restraint,
more vociferously, and with increasing bitterness, law enforcement
officers should take note, for this is one of the danger signs.
b) Rumors. The circulation thereof is one of the most reliable indicators
of the temper of the times.
c) Publications frequently give an indication of the mounting tension. All
publications representing all points of view should be objectively ana-
lyzed for signs of significance.
d) Public demonstrations. Meeting, rallies, marches and even scrib-
blings on sidewalks, billboards and the like should be watch carefully
by law enforcement authorities. What is said and done on such occa-
sions is of great significance and may provide important leads to law
enforcement in preventing open hostility.

10. Organization Activities. Law enforcement executives must know what or-
ganizations are active and what their programs are. Any programs or pro-
posed actions must receive careful study in terms of their effect on the com-
munity and in terms of possible retaliation by opposing groups. Watch for
any unusual influx of outsiders with the subsequent build-up of bristling and
jostling. Be alert to an increasing misttrust of the police.

11. Planning for Disturbance. The plan must be thoroughly detailed ahead of
the disturbance and founded upon realistic considerations. Cooperation in
this connection is very important. The plan should include:
b) Code signals for mobilization of the force. g) Intelligence.

c) Coordination with other municipal agencies and public utilities. (i) Every source of information must be cultivated.
(ii) The temper of the community must be known.
d) Communication equipment for immediate use and reserve. (iii) Rumors must be reported to headquarters and false rumors
should be debunk and the people reassured.
(i) Public address system. (iv) Names and descriptions and, if possible, the pictures of agitators
(ii) Mobile telephone. and potential mob leaders should be on file.
(iii) Bullhorns. (v) Factual and opinion data should be collected.
(iv) Walkie-talkie. (vi) Time and location of the gathering as well as the purpose.
(v) Radio-telephone. (vii) A reasonable estimate of the expected attendance and the identifi-
cation of likely antagonistic groups.
e) Illumination and power equipment:

(i) Flashlight.
(ii) Generators.
(iii) Floodlights.
(iv) Searchlights.

f) Other equipment:

(i) Oxygen equipment:

[1] Oxygen cylinders
[2] Inhalators
[3] Masks.

(ii) Police barriers and ropes for temporary police lines should be
ready.
(iii) Vehicles for transportation of personnel, equipment and prisoners.
(iv) Stretchers, cots, blankets first aid equipment.
(v) Photographic equipment to document the action for future refer-
ence.
 (iv) The field commander may now issue over the public
h) Strategy to be followed. address system this proclamation to disperse.
(v) Foot patrols as strategic places will tactfully and firmly,
Overall strategy should be based on the precept, “contain, isolate, dis- but without force, keep the joiners or curious bystanders
perse.” moving toward the avenue of escape. They should not
be permitted to re-assembled even in small groups until
- Special zones from which all unauthorized vehicular traffic proceed well outside the special zone.
may be excluded. The special zone is considerably larger than the (vi) A divided and leadership mob is a far less formidable
critical area, and its purpose is to provide a place where a respond- adversary. They should be taken as soon as possible
ing personnel and equipment may function in preparation for what- and removed from the area.
ever tactical movement may be called for. (vii) Agitators who are strategically placed throughout the
mob should be identified and removed as soon as the
- The requirements of the situation coupled with the availability of per- opportunity to do so present itself.
sonnel, space and equipment will serve as limiting or modifying fac-
tors in the preparation of any plan.

- The innermost area is the critical areas surrounded by the isolation

zone. The strategy here is to prevent the curious from joining the dis-
orderly and thereby contain the existing situation.

(i) Tactics to employ:

(i) Speed and decisiveness, coupled with an impressive
show of force, should pervade mob is permitted to mill
about committing acts of violence, the more difficult it
will be to handle. The capacity to rapidly mobilize the
force is extremely important.
(ii) The field commander will not use his first tactics until
sufficient force is available at the scene to make his
dispersal proclamation meaningful.
(iii) The mobilizing force should arrive and form out of the
mob’s sight to prevent attack by the mob before they
get organized.
 (viii) Specific riot control formations: c) The problem of what chemical agents to use, when and where to use
them must be carefully discussed.
[1] Squad Line. d) Training and More Training is needed by the those who are involved
Used in small areas. Usual purpose: Holding for- in the control of riots and mobs.
mation; to block entrance to a building; deny area to be
crowd; block a streel; clear a crowd out of a committed
area. Commands: Verbal – Squad Line, Movie! The
command may be given by arm signal.

[2] Squad Wedge.

Generally used as a striking force. It should not
move so far into as to permit the crowd to encircle the
formation. Command: Squad Wedge, Move! May also
be given by arm signal.

[3] Squad Diagonal. (Right or Left)

Used to move a crowd away from a building or from
one side of the street to the other. Command: Squad
Diagonal Right (Left), Move!

[4] Suport Units.

a) General Support. Center and behind wedge.
b) Lateral Support. Two lines of support behind
and along the base ends of a wedge.
c) Close Support. The support are practically ex-
tension of the rear lines of the wedge.
12. General Reminders:

a) The most extreme action which a law enforcement officer can take in
any situation is the use of firearms. The circumstances under which
firearms can be used should be very clearly defined.
b) The same thing is true with bayonets.
 Chapter 17 RA 953 requires the registration of persons (including juridical per-
NARCOTICS CONTROL AND son) with the Bureau of Internal Revenue to produce, import, manu-
INVESTIGATION facture, compound, deal in, dispense, sell, distribute and give away
opium, marijuana, opium poppies or coca leaves, or any synthetic
drugs which had been declared habit-forming by the President of the
1. The Violation. Philippines, including their salts, derivatives or preparation.

a) Republic Act No. 6425 (The dangerous Drugs Act of 1972), as c) The National Internal Revenue Code of 1977 (As amended)
amended by Presidential Decree Nos. 44, 1675, 1708 and Batas
Pambansa Blg 179. This requires the keeping of true and correct records of prohibited
drugs by physicians, dentist, veterinarians or pharmacist, as required
[Provisions of the Revised Penal Code Relating to drugs have been by law and by the regulation of the Department of Finance.
superceded by RA 6425.]

The Following are punishable:

(i) Importation of prohibited/regulated drugs.

(ii) Sale, administration, delivery, distribution, dispensation and
transportation of prohibited drug users.
(iii) Maintenance of a den, dive or resort for prohibited drug dens.
(iv) Being an employee of, and knowingly visiting, prohibited drug
dens.
(v) Possession or use of prohibited/regulated drugs.
(vi) Cultivation of plants which are sources of prohibited drugs.
(vii) Failure to maintain records of prescription, sales, purchases,
acquisitions and/or deliveries of prohibited regulated drugs.
(viii) Unlawful prescription of prohibited/regulated.
(ix) Unnecessary prescription of prohibited/regulated drugs.
(x) Possession of opium pipe and other paraphernalia for prohib-
ited drugs.

b) Republic Act No. 953 (Narcotics Law of 1953)

 ever, the scars may have a medical explanation unrelated to
2. The Violators – The Persons of Importance. addiction.

a) The Addict or User. A “User” is one who injects, intravenously or in- [4] The presence of abscesses over the vein or near sites
tramuscularly, or consumes, either by chewing, drinking, or other- where veins approach the surface.
wise introducing into the physiological system of the body, any of
the dangerous drugs. An “addict” is one who habitually uses dan- [5] An appearance of drowsiness, sleepiness or lethargy (“on
gerous drugs. the nod”), especially if accompanied by a tendency to scratch
the body as if itching. This sometimes indicate as slight
(i) Determine his history. overdose of opiates or their synthetic equivalent.
(ii) Has he just used or administered the drug? Get urine and, if
possible, blood samples for analysis within 24 hours after ad-
ministration.
(iii) Is he in possession of the drug?
(iv) Determine the reason for possession. Is it fir sale or for his
own consumption?
(v) If possession is for reason other than personal use, he must
be accordingly charged under RA 6425.
(vi) The following signs or symptoms will guide the investigator to
determine whether the violator is an addict or not:

[1] The possession of prohibited drugs of dependence with-

out adequate therapeutic reasons.

[2] The presence of needle marks in the form of black or

blue spots resembling tattooing or fresh puncture-type holes
cause a hypodermic needles. These appear on the arms or
legs, but may also be on other parts of the body. The punc-
ture are sometimes topped by minute scabs or crusts.

[3] The presence of elongated scars over the veins, espe-

cially those of the forearms, the insteps, o lower legs. How-
 b) The Pusher. “Pusher” refers to any person who sells, administers,
[6] The possession of equipment which consist of a hypoder- delivers, or gives away to another, or any terms whatsoever, or dis-
mic needle and cooking spoon with the handle bent backward tributes, dispatches in transit or transport any dangerous drug or
and blackened underneath from being held over a lighted who acts as a broken in any such transactions.
match or candle.
(i) Ordinarily, he is an addict himself.
[7] A tendency to sit looking off into space known as “goof- (ii) If not an addict, determine the reason for his possession of
ing”, which may indicate the use of barbiturates. the drug. Is it for sale, for giving away, etc?
(iii) If he is selling, determine his clientele. Get their names and
[8] Certain visual signs appear when the abuser’s supplies other personal circumstances.
are cut off and withdrawal symptoms develop. These may in- (iv) Determine, if possible, his source of supply, their names ad-
clude: dress, etc.

- Nervousness, restlessness, anxiety.

- Yawning, red eyes and runny nose sweating.
- Enlargement of the pupils of the eyes.
- Severe back and leg-aches.
- Hot and cold flashes.

As withdrawal progresses, vomiting, diarrhea, and increase

in breathing rate and temperature may develop. Ordinarily,
the eyes become extremely sensitive to light and easily get
hurt.
When any of the symptoms occur, the services of a doctor
should be sought.

[9] A tendency of the suspect to isolate himself at regular in-

tervals in order to take injections.

[10] Suspect will often wear long-sleeved shirts or heavy

clothing even on the warmest days to conceal obvious tell-
tale marks on the arms.
 (v) Determine the number of times that he had been arrested FIELD TEST: burn a small quantity of the suspected
and charged for the same offense. substance. The odor or smell is similar to burnt banana or
(vi) If he is a recidivist, state so in the complaint or information to has a sweetish odor.
be filed.
[2] Morphine comes in various forms:
3. The Things of Importance.
 Powder – white, odorless, granulated powder
a) The evidence. with a very bitter taste. Sometimes, however. Il-
licit traffickers add color to deceive investigators.
PROHIBITED DRUGS. These include opium and its active compo-  Block – with embossed marks like marks like
nents and derivatives, such heroin an dporphine; coca leaf and its “999”, “555”, “Lion” or “Elephant” brands.
derivatives, principally cocaine; alpha and beta eucaine, hallucino-  Licit morphine used for medical purposes invari-
genic drugs such as mescaline , lysergic acid and diethylamide (LSD) ably comes in powder form, tablets, capsules or
and other susbtances producing similar effects; Indian hemp and its ampoules with the brand name of the manufac-
derivatives; all preparations made from any of the foregoing; and turer.
other drugs and chemical preparations, whether natural or synthetic,
with the psychological effects of a narcotic or a hallucinogenic drug.

(i) Opiates (Opium and its derivatives)

[1] “Opium” refers to the coagulated juice of the opium

poppy (papaver somniferum) and embrace any kind, char-
acter and class of opium, whether crude or prepared; the
ashes of refuse of the same; narcotic preparations thereof
or therefrom; morphine or any alkaloid of opium prepara-
tions in which opium enters as an ingredient; opium poppy;
opium seeds; opium poppy straw; and leaves or wrapping
of opium leaves, whether prepared for use or not.

Opium is a black, molasses-like substance, which is

bitter in taste and hard and brittle when dried.
 benzene, shaking the liquid with diluted sulfuric acid, and
[3] Heroin (Dimorphine Hydrochloride) is a white, odorless, adding to the separated acid solution and excess of sodium
crystal-line powder with a very bitter taste. Heroin is the carbonate. The precipitated alkaloids are removed with ei-
hydrochloride of an alkaloid obtainable by the action of ther, and after drying with sodium carbonate, the solution is
acetic anhydride on morphine. The alkaloid base may be filtered and the either distilled off. The residue is dissolved
made by treating morphine with acetyl chloride, washing in methyl alcohol and the solution heated with sulfuric acid
the product with the dilute alkaline solution and crystalliz- or with alcoholic hydrogen chloride. This treatment splits
ing from alcoholic solution. off any acids from the ecgonine and esterifies the carbozyl
group.
NOTE: Both heroin and morphine may be sold by
pushers in “papelita” or bundle containing about .03 gram After dilution with water and sodium, the organic
of powder. The price will depend on supply and demand. acids which have been liberated are removed with chlo-
form. The aqueuos solution is then concentrated, neutral-
(ii) Cocaine (Methyl benzoyl ecgonine) ized, and cooled with

Cocaine (C17H21O4) is an alkaloid obtained from the leaves

of Erythroxylon coca Lamarch and the other species of
Erthroxlon Linne, or by synthesis from ecgonine and its de-
rivatives.

[1] HISTORY – Cocaine was isolated in 1844 from brazil-

ian coca leaves and until two decades ago, the later was
the only source of cocaine. Today, the alkaloid is obtained
principally from Java coca leaves. Brazilian coca leaves
contain from 0.5 to 1% of methyl benzoyl ecgonine, or co-
caine, whereas the Java leaves such derivatives as ben-
zoyl ecgonine cinnamyl ecgonine, methyl ecgonine, etc., to
the extent of 1.5 to 2% all of which are converted to methyl
benzoyl ecgonine in the manufacturing process.

[2] PREPARATION – It may be made by moistening

ground coca leaves with a sodium carbonate solution, pre-
colating with benzene of other solvents such as petrolium
 ice, whereupon methyl ecgonine sulfate crystalizes. This is
now benzoylated by heating with benzoyl chloride or benx- [2] Manicured or grounde leaves and flowering tops – Al-
oix anhydride at about 150 degrees Centigrade. though dried and grounded, they will retain their greenish
color.
[3] SOLUBILITY – 1 gram dissolves in about 600 ml of wa-
ter, 7 ml of alcohol, 1 ml of chloroform, 3.5 ml of either, and [3] Reefers or cigarettes known as “joints” ad other names
is very soluble in warm alcohol. – These are hand-rolled in cigarette paper, irregular and
slim with both ends tucked in or twisted.
[4] USES – Cocaine was the first local anaesthetic to be
discovered. At Present, it is considered too toxic to any (iv) Synthetic Drug having the same physiological action as a
anaesthetic procedure requiring injection., but it is still ex- narcotic drug, such as methadone and demerol.
tensively employed for anaesthetic of the nose and
throat. For this purpose, a 10 % solution of the hydrochlo-
ride is used.

Cocaine is a central stimulant, but it is never em-

ployed clinically for this purpose. Addiction and certain
amount of tolerance result from it use. Because of its
properties, the sale of cocaine is prohibited in the Philip-
pines.

Cocaine also comes in the form of salt crystal,

known as “crack” and usually sold in packets. This is the
American counterpart of the local “shabu” or metham-
phetamine hydrochloride.

(iii) Marijuana (Cannabis sativa)

[1] Plant – Marijuana is a seasonal plant grown from

seeds. Depending on soil and weather condition, it grows
from 3 to 20 feet. The leaves come in cluster of 3, 5, 7 or
9 leaflets. The leaflets are elongated with the tip pointed
and the sides serrated.
 REGULATED DRUGS. These include self-inducing seda- Physical evidence of various types can do much to augment the in-
tives, such as seconbarbital, phenobarbital, pentobarbital, amo- evitable oral evidence in a prosecution involving drugs. The investi-
barbital, barbital and any other drug which contains a salt or a de- gation should be constantly on alert to obtain physical evidence dur-
rivative of a salt of barbituric acid and salt, isomer or salt of an iso- ing an inquiry for presentation in court.
mer, of amphetamine, such as benzedrine or dexedrine or any
drug which produces a physiological action similar to ampheta- (i) Drug seizures.
mine; and hypnotic druf, such as methaqualone, nitrazapam or
any other compound producing similar physiological effects. One officer, preferably the officer who made the seizure,
should be detailed to take charge of the drug found. The
(i) Barbiturates – Manufactured synthetically as salts of following procedure should guide him:
barbituric acid. All names of these drugs end in al,
such as pentobarbital, seconbarbital (seconal), amo- [1] Identify the seizure in some permanent way using indeli-
barbital, phenobarbital, barbital, etc. ble markings or non-removable labels or wax-sealed tie on
tag.
(ii) Amphetamine – Stimulate the central nervous sys-
tem and have the ability to combat fatigue and
sleepiness. These are also known as uppers.

(iii) Shabu is the most widely known amphetamine in the

country today. The compound (methampetamine
Hydrochloride) is also known as “poor man’s co-
caine”. The latter term, however, is misleading be-
cause although cheaper than cocaine, shabu is
nonetheless expensive as compared to other drugs
such as marijuana or solvents.

(iv) Hallucinogens -- These are the drugs that are capa-

ble or creating hallucinogens in the mind of the
taker.

b) Evidence hamdling.
 [8] Where the nature of seizure requires special storage
[2] The identification should give details of the time, date conditions or facilities, this should be arranged and the se-
and place of seizure, and the name of the owner or suspect curity of the seizure maintained.
where an arrest had been made.
[9] A the first opportunity, the officer should himself deliver
[3] The officers should complete the identification of the the seize drugs(s) to the laboratory for examination.
seizure by placing his initials or signature on the identifying
label. [10] IF the commitments of the officers holding the seized
drug(s) are such that he cannot travel to the laboratory, he
[4] Where a suspect charged demands a sample of the should hand the same to another officer who should make
seized drug for independent analysis, the desired sample the delivery personally.
should be placed in a suitable container. This should then
sealed in such a way as to prevent tampering with, prefer-
ably with signature of the suspect and officer appearing on
the seal and delivered by the suspect or his representative
and the officer to the analyst nominated by the suspect.

[5] Where the seized drug should be held by as few parties

as possible. A permanent written record of the movement
of the seizure, noting times, dates and signatures of receiv-
ing parties, should be maintained.

[6] As soon as practicable after seizure, the drug should be

sealed in container in such a way as to prevent loss or tam-
pering with. The seal should be affixed in such a way that it
will be impossible to open the container without breaking
the seal. The seal should bear the same identification as
the seizure itself.

[7] The seizure should be retained by the officer in the area

designated by his command, the security of which will sat-
isfy the country of the court.
 nal, particularly in case where the required document has
(ii) Photographs. to be returned to a person for production later in court.

A permanents written record should be kept relating to pho- (v) Investigative records.
tographs taken in the course of an investigation, noting the
time, date and place of the photograph, it subject and the Records in this particular category include:
weather condition at the time it was taken. The technician
might also note details of film and camera operations. [1] Information on a suspect or drug movement.
[2] Results of background inquiry on a suspect.
Several prints of each photographs should be obtained, [3] The log or running sheet kept on investigator and sus-
and no one copy, these details should be recorded together pect movement during a surveillance or arrest.
with the name of the officers who can “prove” the photo-
graphs. The other print copies should be retained un-
marked for possible submission to the court. The valuable
corroborative evidence can be adduced by photographs of,
for instance, a meeting between two offenders.

(iii) Court process.

Many drug seizures are made as a result of a raid covered

by a search warrant issued by the courts. The warrant
comes an item of physical evidence investigator should en-
sure that his prosecution is not hindered by a successful
court of challenge of the validity of the warrant issue or ex-
ecution.

(iv) Documents.

Documents which may become evidence in a prosecution

should be retained in their original form. They should be
treated in much the same manner as drug seizures with re-
gard to identification, and it is suggested that all under
whose supervision this is done can later “prove” the origi-
 [4] Investigator’s notebook. [1] Allow the reagent to drain to one end of the ampul.
[5] Investigator’s diaries. [2] Break the ampul between the fingers along the scored line.
[6] investigator’s notes of conversations, events or inter- [3] Introduce a small bit of sample into the open end of one-half of the
views. sample by scrapping a cube or pinch of powder held between the fin-
gers with the sharp edge. Tap the closed end to as to shake the
4. Field Tests. sample further into the tube and thus bring it into contact with
reagent.
The tests described in the following pages are designed to give investiga- [4] After the test, the ampul should be rinsed with water before dis-
tors emergency means of making on-the-spot tentative identification of sam- carding.
ples seized or purchased during the course of investigations. Results ob-
tained should not be regarded as final identification since a number of such Marquis Reagent
drugs are marketed in combination with othner chemicals from which they Drug Results
must be separated (by laboratory methods before true results can be ob-
tained. Morphine Deep magenta – Deep violet
Heroin Deep magenta – Deep violet
a) Care of Apparatus and Reagents. Codeine Blue with violet cast

Reagents should be protected from excessive heat and light. Acid

reagents should be stored in glass-stopped bottles. Reagent stability
should be tested from to time with drugs of known identity. All appa-
ratus used in making test should be thoroughly cleaned before
reusing. Marquis test is used for morphine, codeine, heroin and other
opium derivatives. When brought into contact with morphine, heroin
or other opium derivatives, The reagent develops brilliant colors
ranging from blue to reddish purple. There are some other sub-
stances which also produce colors with this reagent. No confusion,
however, should arise once the operator is familiar with the specific
colors given by the opium alkaloids. It is therefore essential that the
test be observed with known samples before any unknowns are
tested.

b) Making the Test.

 Opium A dark purple d) Field Tests for Cocaine, Demerol and Methadone:
Methadone No reaction
Cocaine No reaction These field test for cocaine, demerol and methadone was developed
Aspirin Colorless – pink – deep rose by the US. Customs Laboratory, in Baltimore, Maryland in 1961 and
Darvon Purple – red has been in successful use since then.
Amphetamine Orabge – Orange with brown cast – orange - pale
red The field test is based on a modification of the well-known cobalt thio-
Miltown No reaction cyanate color test that produces a blue color in the presence of co-
Librium No reaction caine.
APC Colorless – pink – deep rose
Tunial No reaction The customs field test is table single-solution version of the thio-
Chloral hydrate No reaction cyanate test and is the most specific cocaine color test available at
Phenobarbital No reaction this time.
Mescaline Green – changing rapidly to dark brown, slowly
changing to brown with violet cast.

c) Field Test for Methadone:

This narcotic drug, known also as Amidone, Dolophine and di-6-

dimethylamide 4, 4-detected in the presence of some other drugs as
well as inert diluents by employing the reagent and technique as set
forth below.

METHOD

Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5

gram of potassium thiocyanate in 90 ml of water and 10 ml of glacial acetic
acid.

Test: Dissolve the sample in a minimum amount of water. Filter.

Add 2 or 3 drops of the reagent to the filtrate. Shake for about 1 minute. A
blue precipitate indicates the presence of methadone.
 of tetra-hydrocannabinol which is the active principal of the marijuana
The test set consist of 12 ampuls in a packet and is similar in appear- plant.
ance to the Marquis Field Test set for morphine, codeine and heroin.
f. Field Tests for Amphetamine:
The ampuls may be distinguish from the Marquis ampuls by the pink
color of the cocaine reagent. This field for identifying amphetamine is full in screening out caf-
feine, vitamins, saccharine of other substitutes proffered as am-
e) Field Test for Marijuana: phetamine.

Note: Do not rely on chemical test alone. Always examine the mate- g. Field Test for Barbiturates:
rial with the microscope or hand lens.
Fort the tentative identification of the barbiturates, the Zwikker test
Cannabis sativa, or marijuana, can be quickly and positively identified is used.
by subjecting the sample to the following test:

[1] Microscope:

Using a magnification of approximately 30 diameters, the leaves,

small
twigs, seed hulls and flowering tops exhibit a characteristic warty ap-
pearance due to the presence of non-glandular hairs which contain at
their base a spheroidal cystolith of calcium carbonate. The presence
of carbonate may be shown by adding of drop of diluted hydrochloric
acid to the slide and noting the effervescence. Many of the cystolithic
hairs appear in the shape of bears claws.

[2] Chemical.

The Duquenois Test (chemical Abstracts 32, 5993 – 1936) has

been modified and the modification has been found to be the only sat-
isfactory chemical test for the identification of the marijuana. The
chloroform soluble color developed in this test is due to the presence
 Zwikker Test – An anhydrous methamol solution of the barbiturate
upon the assition of several drops of cobalt chloride in methanol (ii) Body Signs:
solution gives a bluish color which changes to dark blue upon be-
ing alkalized with a 5 % isoprolamine in methanol. A compact kit [1] Cyanosis - Bluish discoloration of the and/or fingernails due
which utilizes the Zwikker Test is manufactured by the Atkinson to insufficient oxygenation of the blood caused by increase in car-
Laboratory, 3031 Ferro St., Los Angeles, California. bon dioxide in the body.

5. Narcotics Death Investigation [2] Petechial Hemorrhages – Pinpoint spots of discoloration re-
sulting from capillary ruptures due to pressure and generally ob-
A common occurrence in the drug culture is the death of the user. Investi- served in the eyes, eyelids, behind the ears and internally.
gation of a narcotic death is divided into three (3) phase: The SCENE in-
vestigation, the MEDICAL investigation, and the TOXICOLOGICAL investi-
gation. An officer involved in such a case should determine the manner of
death, that is, factors and elements of the scene must be accurately and
completely recorded. This will assist the medical examiner in the determin-
ing the cause of death.

a) Psychological Effect of Narcotic Ingestion.

The ingestion of narcotics or dangerous drugs poisons the body. This

poisoning effect will lead to paralysis of the respiratory center or
cause heart failure. This, then, will deny the body a sufficient amount
of oxygen.

The effect of a particular drug on the human body are often accompa-
nied by evident or visible signs which remains after death and are
available for the trained observer.

b) The Scene of Death

(i) During investigation of the scene, you should recognize and

relate seemingly insignificant terms of materials which would
justify a conclusion of narcotic involvement.
 [3] Foam or Froth – Observed in mouth of nose, may be white at the death scene, you should note every detail which may be of
or pinkish and caused by fluids entering the air passages. medico-legal importance and make a complete report on this.

[4] Hematoma – A localized or swelling or any part of the body You should attend the autopsy yourself make sure that the follow-
caused by bleeding beneath the surface of the skin. This is ing specimens are submitted for toxicological study: urine, blood,
caused by “ skin popping” rather than by vein injection. bile, liver brain, stomach contents, and the injection site.

[5] Needlemarkd/tracks – Visual evidence of repeated intra-

venous injections. The tracks will follow a vein (except in “skin
popping”) and result in a dark discoloration and eventual collapse
of the vein.

(iii) Victims History:

Historical data on the victim would include his criminal record(lo-

cal, national and international); medical records (of private doctor,
hospitals,
clinics, etc. and any mental treatment or attempts at suicide); so-
cial (relative, friends, neighbors, co-workers); marital (past or
present); and financial records.

When interviewing users or persons possibly involved narcotics

traffic, you should use straight language rather than attempt street
talk because slang constantly changes. You must determine the
extent of decedent’s addiction, his familiarity with other drugs,
whether he had a steady source of the drugs or continuously
shopped around, and other matters relative to his personal history.

(iv) Medical Phase:

This is the most important stage of the narcotic death investiga-

tion. Since the pathologist will rarely be able to examine the body
 Chapter 18 d) Statement of Assets ad liabilities.
INNVESTIGATION OF e) Records of real and personal property, such as lands, houses, vehi-
GRAFT AND CORRUPT PRACTICE CASE cles, animals, shares of stocks, bonds and other investments, etc.
(Their acquisition cost should be determined).
f) Income Tax Returns (all available)
1. Preliminary Statement. In the investigation of graft and corrupt prac- g) Bank records where subject has contracted loans.
tices case, reference should always be made to Republic Act no. 3019 in h) Saving and time deposits, and current accounts, as an exception to
relation to Republic Act No. 1379. R.A. 3019 enumerate and defines the application of the Secrecy of Bank Deposit Act (RA 1405).
those acts punishable under it, whereas R.A. 1379 provides the proce- i) Interviews the persons who can give information as to the property of
dure for the forfeiture of certain property in favor of the government. Subject, their sources, whereabouts, cost, etc.

Pertinent provision of the above-cited laws include:

Whenever any public officer or employee has acquired during his incum-
bency an amount or property which is manifest out of proportion to his
salary as such public officer or employee and to his other lawful income and
the income from legitimate acquired property, said property shall be pre-
sumed prima facie to have been unlawful acquired. The solicitor General,
upon complaint by any taxpayer to the city or provincial fiscal who shall con-
duct a previous inquiry similar to preliminary investigation in criminal cases
and shall certify to the Solicitor General that there is reasonable ground to
believe that there has been committed in violation of this act (RA 1379) and
the respondent is probably guilty thereof, shall file, in the name and on be-
half of the Republic of the Philippines, in the Court of First Instance (now
Regional Trail Court) of the City or province where said public officer or em-
ployee resides or holds office, a petition for a writ commanding said officer
or employee to show cause why property aforesaid, or any part thereof.

2. Investigation of Unexplained Wealth.

a) Information sheet (IS) of subject.

b) Records of employment in and out of the government.
c) Statement of incomes, allowances, per diems, etc.
 j) Follow up all needs, appearing in all the records documents secured, 6. Investigation of Cases Re Prohibition on Certain Persons.
as to subjects assets and liabilities.
k) Others as indicated by the peculiar circumstances of the case. As in the investigation of corrupt practice cases, the investigator should
l) Explanation of the subject if he so elects. be guided bythe pertinent provision of the law.

3. Formula in Establishing the Case 7. Investigation of Cases Re Failure to File Statement of Assets and
Liabilites.
a) Determine the subject’s source of income and liabilities (net worth)
above assumption of public office. a) Certification from the Department heads, or Office of the President, or
b) Determine the subject sources of income during his tenure of office. Office of the Secretary of the corresponding House of Congress.
c) Determine the subjects expenses (to be deducted from his income) b) Explanation of subject (if he so desires.)
during his tenure of office.
d) Determine the subjects assets and liabilities (net worth) after his ten-
ure of office.

4. When is there Illegal Enrichment in office?

a) With Subject’s income and expenses constant, an increase in assets

without a proportionate increase in liabilities.
b) Where subjects income has increased and expenses constant, an in-
crease in liabilities must be compared to the increase in income.
Where the increase in assets far exceeds the increase in income, il-
legal enrichment is very probable.
c) Decrease in income/increase in expenses and decrease in liabilities
are factors that strengthen a case of illegal enrichment where there is
an apparent increase in assets.

5. Investigation of Corrupt Practice.

In the investigation of this kind of case, the investigator is advised to be

guided by the provision of law involved, the elements of the acts com-
plained and sought to be proved.
 Chapter 19 sole purpose of comparison with the questioned documents and are gener-
INVESTIGATION OF CASES ally known a requested or dictated standard.
OF FALSIFICATION
a) Procedure for Obtaining Collected Standards:

1. Acts Constituting Falsification Under Art. 171 of the Revised penal (i) Obtain at least 15 to 20 genuine signature.
Code. (ii) If investigation is about other specimens of handwriting or
handwriting, secure at least 4 to 5 pages of handwriting or
a) Counterfeiting or imitating any handwriting, signature or rubric. hand-printing.
b) Causing it to appear that the persons have participated in any act (iii) Procure ink signature for comparison with questioned ink
when they did not in fact so participate. specimens and pencil standard for comparison with ques-
c) Attributing the persons who have participated in an act or proceeding tioned pencil specimens.
statements othe than those in fact made by them. (iv) Secure, when available, genuine signature for the same
d) Making untruthful statement in a narration of facts. purposes as the questioned documents.
e) Altering true dates. (v) Supplement standard with the signatures for different pur-
f) Making any alteration or intercalation in a genuine document which poses.
changes its meaning. (vi) Procure standard signature of approximately the same date
g) Issuing in an authenticated form a document purporting to be a copy as the disputed documents.
of an original document when no such original exist, or including in (vii) If questioned signature was written under unusual condi-
such copy statement contrary to, or different from, that of the genuine tions, attempt to obtain some specimens which were exe-
original. cuted under similar conditions
h) Intercalating any instrument or note relative to the issuance thereof in
a protocol, registry, or official book. c) Procedure for Obtaining Requested Standard:

2. Specimen or Standard Writing. (i) Obtain at lest 25 to 30 specimen signatures.

(ii) If inquiry pertains to extended handwriting, dictate at least 5 to
To prove falsification, it is usually necessary for an investigator for secure a 6 pages of material, including approximately one page which
specimen of the suspect’s handwriting for comparison purpose. There are is repeated three (3) times.
two (2) classes of specimen or standard writings. One consist of writing or (iii) If possible, have writer make out specimen checks or receipts
printing executed from the day to day in the course may be referred to as aside from his signature.
collected standard. The second class consist of specimen’s of the person’s (iv) If questioned signature are in ink, have suspect write with a
writing or printing executed upon request of the investigating officer for the pen; if in pencil, with a pencil.
(v) Require suspect to write each signature on separate sheets of
paper or forms.
(vi) Provide paper forms of the same size, shape, composition and
ruling as the questioned.
(vii) Whenever possible, always interrupt preparation of standard
once or write for rest periods.
(viii) Provide normal writing conditions. If questioned. If writing is
known to have been executed under unusual conditions, ob-
tain some standard under similar conditions.
 Chapter 20
HOMICIDE (Generic) a) Victim. What is his history? His relationship with other people?
INVESTIGATION b) Witnesses. Get their statement without delay.
c) Suspects. Eliminate them if there is absolutely no evidence against
1. Places of Importance. them, or thoroughly tie them to the case by penetrating investigation.
d) Person who reported the crime. Remember that he probably has key
a) The crime Scene. Make a methodical and thorough search. information. Check out his statement.
b) Avenues of Approach. How did the search(s) arrive? e) Alibi witnesses. Exhaustive interview is necessary. Check and re-
c) Avenues of Escape. Investigate and search along this route. check their stories. Let them account for their time. Background in-
d) Places where victim was seen immediately preceding his death. Who vestigation may be necessary.
was he with? What was he doing? Was this customary? Get the time.
e) Places where suspect claims he was; places where ha was seen prior
to, during and after the crime was committed for the purpose of
checking his alibi.
f) Places where evidence can be found. Weapons or poisons, etc.
Where can they be obtained? Where can they be hidden?
g) Other places as indicated by the peculiar circumstances of the case.

2. Times of Importance.

a) Time when fatal injury was inflicted. You have to put the suspect(s) at
the crime scene at this time by admissible evidence.
b) Time of incapacitation.
c) Time of death.
d) Time body was discovered.
e) Time crime was reported.
f) Time of arrival of police at the scene.
g) Time victim was last known to be live.
h) Times relative to victim’s movement preceding death.
i) Times relating to suspect(s) movements.
j) Times relating to police activity.

3. Persons of Importance .
 f) Persons who stand to gain by the death. This is a touchy thing. Be n) Homocide – Not the killing of a homosexual but a misspelling of homi-
circumspect in your approach. cide.
g) Relative and other sources of information.
6. Time of Death Estimates in Homicide Investigations.
4. Things of Importance.
a) Algor Mortis (Body Cooling)
a) Body of the deceased.
b) Belonging of the deceased. Here, we may find motive. (i) General Rule: 1.5°/hr when room temperature is about 70°/hr.
c) Items of evidence should be legally obtained and carefully preserved.
d) Weapons. Locate, list and record then as evidence. Dr. Simpson: 2.5 °/hr for the 1 st 6 hrs and an average of 1.5 to
e) Means of transportation. 2 ° loss/hr over the 1st 12 hrs.
f) Sound, shots, scream, arguments. Or failing objects.
g) Odors – of gunpowder, distinctive smell of poison, etc.

5. Terms Encountered in Homicide.

a) Homicide -- The killing of one human being by another.

b) Sororicide – The act of one who kills his or her own sister.
c) Fratricide – The act of one who murders or kills his own brother.
d) Matricide – Murder of a mother by her own child.
e) Patricide – The act of one who kills his own father.
f) Parricide – The act of one who murders a person to whom he is re-
lated such as his parent, spouse, or child. This is a generic term.
g) Infanticide – The killing of an infant less than 3 days old.
h) Suicide – Taking one’s own life voluntarily and intentionally to death.
i) Uxoricide – Act of one who murders his wife.
j) Regicide – The killing or murder of a king.
k) Vaticide – The murder of a prophet.
l) Euthanasia – Mercy killing or the act or practice of painlessly putting
to death persons suffering from incurable and distressing disease.
m) Aborticide – Act of destroying a fetus in the womb. Better known as
“abortion”.
 (i) The declaration must be made under the consciousness of an impending
(ii) Factors: Body temperature at the time of death; body; clothing death. The declaration must have abandoned all hope of living.
or covering ; environmental temperature.
[1] What is your name and address?
b) Rigor Moris (Stiffening of Muscles Tissue) [2] Do you believe that you are about to die?
[3] Do you have any hope of recovery from the effects of the injuries you
(i) General Rates (Average clothed adult; observed in small mus- have received?
cles first); [4] Please tell me how you received the injury from which you are now suf-
(ii) Factors: Body temperature at death high/low environmental fering.
temperature (heat hasten, cold retards); strenuous muscular [5] Please give me the name and description from the person who did this
activity; emotional excitement. to you and wy he did it.

c) Livor Mortis (iii) The statement pertains to circumstances surrounding the at-
tack, that is, the identify of the assailant, the plate number of
(i) Rate: the suspect’s vehicle, etc.
Visible – ½ to 4 hours
Well-developed – 3 to 4 hours (iv) The dying declaration is sought to be used in a case where a
Maximum – 8 to 12 hours death of the declarant is the subject of inquiry.

(ii) Factoras: Ciculatory failure; chronic anemia or acute blood e) Be objective, calm and use your brains. Remember that if the victim is
loss;carbon monoxide poisoning cyanide poisoning, case of dead, there is nothing you can do for him, so gather your wits and think
rapid cooling; “Tardieu’s Spots” petechiae (over-congestion of through each step before you take them.
blood in capillaries).
f) Protect the crime scene by:
7. Basic Outline for Homicide Investigations.
(i) Limiting the people present.
a) Record the time the call was received as well as the time of arrival at the (ii) Putting one person in complete charge of the crime scene. All
scene. officers should report to him and ask for orders.
b) Ascertain if victims still alive. Record all first impression of the scene. (iii) Protecting footprints, fingerprints, blood stains, etc., from injury
c) If the Victim is alive, give first aid. by placing evidence tags on, or an officer near, the evidence to
d) If the victim is alive and conscious, try to get a dying declaration. ensure that it will not be destroyed.
g) Do not remove anything until its location and position has been noted s) If all slugs are not removed at the crime scene, have the body X-
and photographed. The position of evidence should be located by rayed. X-ray is excellent for determining the distance of fire from pat-
some accurate means of measurement. terns and shows the trajectory of the bullet through the body.
h) Do not untie knots in ropes and similar items of evidence. If the vic- t) Take photographs of all bystanders. These may be heplful later to
tim is found hanging, pay particular attention to the direction of fibers idenfity possible witnesses or subject (who sometimes DOES return
on the rope. Is there a worn spot over a branch or after? to the crime scene).
i) Designate on person to pick up all the physical evidence. No one u) Try to:
should touch or move anything until after the fingerprint man and
criminologist have finished their task. [i] Determine if any of the victims property or money is missing.
j) A systematic, detailed search of the crime scene should be con- [ii] Record the color of blood stain (bright red, reddish brown, brown,
ducted. After this search, have another team re-search the area. black or almost black).
This is done under the theory that one person might see items of evi- [iii]Determine what portion of the stain is wet (just the center, com-
dence that could have escaped another person. pletely wet, completely dry, dry around the edges) for an estimate of
k) Color photographs should be taken as well as black-and-white. time of death.
l) Look for physical evidence that will tend to prove the elements of the [iv] If the blood is wet, see if a paper clip will separate the stain a it
crime you are investigating. goes through or if the blood will flow together again.
m) Look for unusual odors, symbols, fetishes, rituals. [v] Note the size, dimension and location of stains.
n) When the body is finally moved, attention should be given to the area [vi] Determine the direction and distance of blood drops.
beneath the body. [vii] Enter in your notebook details of the test to determine whether
o) While moving the body, use a robbery sheet to prevent contaminating the victim is still alive. Record if the body is cool to touch, warm, etc.
the crime scene with spilled blood. [viii] Record the weather, as well as weather changes (sunny to
p) Conduct careful inspection of a dead person holding a gun. (The land cloudy or vice-versa).
of a dead person unusually has no gripping power. Therefor, if the [ix] Obtain soil samples when necessary.
gun were placed in the hand after death, it may have been placed in [x] Look for the weapons which could have inflicted the wounds.
unnatural position [Cadaveric Spasm].
q) Note the condition and types of food at the crime scene as the pathol- v) If it is necessary to cut off the victim’s clothing the cut should not be
ogist may be able to use this information in determining whether the done through bullet or knife holes. Where possible, cut the clothing
victims last meal was eaten at the crime scene. along the seams so that the clothing can be referred to approximately
r) The course and direction of each bullet should be determined. This its original condition.
applies to the trajectory of the bullet through the body as well as the w) The spatter pattern of blood spots should be noted as it is:
trajectory of the bullet through solid objects at the crime scene. x) BE CAUTIOUS. Remember that fingerprints may be present or light
on light switches, light bulbs, telephones, doorknobs, etc.
 y) When fingerprints an object which has a dark color, consider using
fluorescent as the standard fingerprint powders are not as effective in
developing latent prints on such objects.
z) Aerial photographs of the crime scene and escape route should be
taken, when possible and practicable.

8. Handling the Suspect.

a) If the suspect is at the crime scene, do not advise him of his constitu- (ii) his mode of living after the crime. (Compare his financial con-
tional rights unless he is to be questioned there immediately for evi- dition before the crime with his financial condition after the
dence of his own guilt to be used against him in court. crime.)
(iii) Compare his behavior before the crime with his behavior after
b) Obtain the following evidence from the suspect: the crime.
(i) The suspect’s clothing should be photographed, marked and
sent to the laboratory. e) The integration of the suspect should cover al of the elements of the
(ii) Any scratches on the suspect should be photographed. alleged offense and the interrogator should ascertain if the defendant
(iii) Fingernail scrapings should be obtained. knew the nature and consequence of his acts.
(iv) Take blood samples from the suspect in a medically approved f) Make a methodical and complete check of any suspect’s alibi.
manner and with proper legal justification. g) Have a psychiatrist.
(v) Take hair samples.
(vi) Acquire handwriting samples when applicable.
(vii) Have the fingerprint technician check the paper money which
may have been taken from the victim house for the victim’s
house for the victim’s fingerprints.
(viii) Check the suspect’s personal effects very closely for items of
evidentiary value.
(ix) Obtain teeth mark impressions when appropriate.
(x) Semen samples in rape or rape with homicide cases should be
obtained medically not by hand.
(xi) Consider polygraph examination.

c) Never take a suspect or a suspect or a subject to the crime state in

the clothing he was wearing at the time he was arrested. (This in-
cludes shoes.) The defendant’s lawyers may be later claim that the
clothing was contaminated at the scene of the crime.
d) Attempt to ascertain in the following:

(i) The suspect’s mode of living before the crime as compared to

the amount of this income.
9. Body and Post Mortem. (vii) Check the breast for saliva in rape with murder cases.
(viii) Check for the bloody fingerprint and other evidence on the
a) Someone should be designated to accompany the body from the body of the victim.
scene to the autopsy. If the victims is alive, a dying declaration can (ix) Have the victim finger, palm and foot printed.
be taken enroute to the hospital. (x) Take color and black-and-white photographs.
b) An investigating officer should remain at the autopsy to prevent the (xi) Rectal temperature should be taken.
embalming of the body and to prevent any one from touching or re- (xii) Teeth mark impression should be made where applicable.
moving any of the clothing from the body until the pathologist arrives. (xiii) Have the lab technician check the body for powder burns and
He should also be able to make a detailed report to the homicide residue.
commander regarding the finding of the pathologist. He will be ex- (xiv) Ask the pathologist for an opinion regarding the suddenness of
pected to convey details of the crime scene investigation to the death, time of death, the possibility of movement after death,
pathologist and, if the defendant has made a statement that the vic- the sequence of shots, the direction and possible trajectory of
tim was in a certain position, this should be related to the pathologist. the bullet, etc.
c) Whenever possible, request that a crime laboratory technician attend (xv) Look for wounds in the eyes, hairy surfaces, mouth, ears,
the autopsy. The technician, the detective and the pathologist can nose, rectum, vagina.
contribute a great deal to the successful outcome if they share their
knowledge at one of the most important srages of the investigation –
the autopsy.
d) The photograph of the position of the body at the crime scene can be
a value aid to the pathologist in determining whether the location of
the post mortem lividity is consistent with the position of the body as
depicted in the in the photograph.
e) At the autopsy:

(i) Obtain a blood sample from the victim.

(ii) Collect the victim’s clothes, mark and preserve them as evi-
dence.
(iii) Take fingernail scrapping from the victim if not previously
done.
(iv) Ask the laboratory technician to check wound to compare with
the weapon used.
(v) Obtain hair samples (from wounds and all areas of the body.)
(vi) Obtain all semen from the vaginal canal.
 (xvi) Consider utilizing X-ray techniques to establish the depth of f) A communication center should be established for the investigation
stab wounds and the shape of the instrument inflicting the in- and for the collation of facts and evidence.
jury. g) Check the victim’s and the defendant’s toll calls.
(xvii) In stabbing cases, have the body X-ray for a possible broken h) Attempt to reconstruct the movements of the murders.
tip from the weapon, where applicable. i) Return to the scene of the crime at the crime of day the crime was
(xviii) Obtain body organs in case of death by poisoning. committed for at least a week, perhaps even an hour or so before, to
(xix) Take feces sample when needed. check for possible witnesses.
(xx) Be ready to give the pathologist detailed information from the j) Present photographs and crime reports to several psychiatrist to as-
scene. certain what type of person would commit such a crime. A consen-
(xxi) Remove the victim’s rings and other personal property. sus regarding the type of person by the psychiatrist will furnish inves-
tigative leads. Is motive obvious?
10. Follow-up Investigation k) Read the newspaper articles regarding the crime and maintain a file
of these articles. You may obtain some valuable ideas or investiga-
Policy-release no information to the press. Policy here should be set by the tive leads.
Chief of your office.

a) Eventually, it may become necessary for the homicide investigator to

produce witnesses, preferably close friends or relative of the victims,
to identify in the presence of the pathologist.
b) Keep witnesses separated so that they will give you truthful accounts
of what they permanently observed, rather than an account of what
they were convinced they saw by the strongest personality among
them.
c) Methodically interview resident in the area and record the interviews
by using a tape recorder of by taking notes. Record these even
though the information may be negative.
d) When a “Stand-up Photograph” of the victim, clad in the clothing he
was wearing at the time of the offense, consider using a photograph
of a mannequin dressed in the victim’s clothing or similar clothing
with a photograph of the victim’s face superimposed on the man-
nequin.
e) Photographs must be scrutinized for clues and leads that were
missed at the initial search.
 l) Consider the use of bloodhounds in appropriate cases. When the
qualification of a bloodhound to trail human beings has been proven
and there is evidence tending to show that the person charged was
in the area of the homicide, evidence that trained bloodhounds found
by following a trail to the defendant is admissible.
m) Schedule frequent meeting for all persons assigned to the investiga-
tion. At these meetings, discuss all of the leads and the suspects.

11. Court Preparation.

a) have a diagram prepared of the crime scene and the location of all
evidence.
b) Make a list of the evidence on hand and what you hope to prove with
it.
c) Be prepared to show:

(i) What relationship existed between the victim and the defen-
dant?
(ii) Had the victim made threats of bodily injury to the defendant?
(iii) Had the defendant threatened to injure the victim?
(iv) Are there any witnesses to the threats or is there a witness re-
garding who is issued the threats?
d) A color film of the untouched crime scene can be very helpful in con-
veying to the jury exactly what the officers observed.
e) Review everything, including testimony, with the prosecutor before
trial.
f) Review with witness their testimony to refresh their memory.
 Chapter 21 sation with the kidnappers to get as much information as possible (such
INVESTIGATION OF as background noise, intonation, peculiarity of speech, caller’s age, sex,
KIDNAPPING FOR RANSOM exact words used, etc.) without, however, inviting suspicion that the rela-
tives are acting upon orders of the police.
d) KIDNAP CALL REPORT.
1. Prosecution.
If you received a kidnap call:
a) Avoid any indication that law endorsement officers have been informed (i) Try to signal someone to listen on another extension.
of the kidnapping. (ii) Keep the caller on the line for as long as possible.
b) Avoid publicity of any kind. Knowledge on the part of the kidnappers (iii) Do not antagonize the kidnapper.
that the police are working on the case or that it has become public (iv) Give the kidnapper a code word for later identification.
knowledge could cause them to panic and to make a wrong decision
which could endanger the life of the victim.
c) Contacts by law enforcement officers with relatives of the victim should
be in a neutral place to avoid detection of police investigation.
d) If law enforcement officers are positive that the case in question is kid-
napping, and not an ordinary “ missing persons” case, investigation es-
pecially those relating to the identifies of the suspects, their associates
their habits, activities and movements, their physical description, etc.,
should be done with utmost secrecy.
e) If the foregoing step (letter “d”) might endanger the life of the victim, it is
better to freeze all investigative activities until the victim’s relatives hear
from the kidnappers. Always remember that in kidnapping, the safety
and security of the victim is the primary consideration.

2. When Demand for Ransom is Made by Telephone.

a) Steps should immediate be taken to illegally record all telephone conver-

sation with any member of the kidnapping group.
b) Make necessary legal arrangement to trace calls made by the kidnap-
pers.
c) Covert surveillance of all places where telephone calls were made
should be conducted. Instruct the victim’s relatives to prolong the conver-
 (v) Ask: b) The designated place for the delivery of the ransom should as much a
Victims Name: ___________________ possible be placed under surveillance in such a was as to avoid detec-
Where and when seized: _________________ tion. The purpose of the surveillance are:
Victim’s code Name: ____________________ (i) To be able to tail the suspect(s) in the hope that he (they) will lead
(vi) Ask to speak to the victim. the officers to the hideout.
After call: (ii) To identify the kidnappers for the follow-up investigation.
(vii) Make a written record of it: The question of whether or not the suspect(s) should be arrested
Caller’s age _____ Sex_____ once the ransom money is picked up would depend on the atten-
Mental State ______________ dant circumstances and the wishes of the relatives of the victim.
Peculiarity of speech As much as possible , the person instructed to deliver the money
(lips, accent, etc.) ________________ should be provided with appropriate equipment or facilities (like
Exact words used __________________ wireless
Time call was received ______________
Extension received on _______________
(viii) Notify security office at once.
(ix) Tell no one else about the call.

3. When Demand is in Writing.

Demand for ransom made in writing calls for a careful handling of the
written communication for possible lifting of latent fingerprint. Hold the later
by its edges and save the envelop in which the note was placed.

4. When Contact is Made with the kidnappers.

a) Instruct the relatives of the victim to request the kidnappers to show proof
that the victims is still alive.
b) Victims relative may ask the kidnappers to reduce the amount of the ran-
som.

5. Agreement re-Amount , Place, Manner of Delivery of Ransom Money.

a) Denomination and serial numbers of the bills must be recorded.

 transmitter or beeper) to be able to communicate with law enforce-
ment officers working on the case at any time while undertaking
his mission and thereafter.
c) The kidnappers’ mind demand and instructions as to time, place and
manner should be strictly followed.

6. If victims has been Returned.

a) Conduct the necessary investigation for the identification for the identifi-
cation and arrest of the kidnappers.
b) At this stage, all investigative techniques likely to lead to the to the identi-
fication and arrest of the kidnappers should be utilized.

7. The kidnap Victim’s Conduct.

There are no rules of conduct that a kidnap victim can follow which will as-
sure his or her release or humane treatment. However, there are some
things that a kidnap victim may do which will help to protect him or her.

a) It is generally best to do what your captor says.

b) Stay calm.
c) Try to establish a dialogue with the kidnappers.
d) Observe/feel all you can about your surroundings.
e) Leave your fingerprints around the room in which you are held.
f) Listen carefully to all conversation of the kidnappers among themselves.
g) If the police assault the building in which you are held, drop to the floor
and use any cover you nay find.
h) Never tell the kidnappers that you can identify them later.
i) Try to delay matters as much as possible without making the kidnappers
suspicious.
 Chapter 22 (vi) Masochism – Sexual satisfaction through being humiliated, hurt or
SEX CRIMES beaten.
(vii) Sado-Masochism – Inflicts injury and at the same time enjoys hav-
ing injury inflicted upon him.
1. Preliminary Note:
3. The Sex Crime Investigator.
Inasmuch as the majority of those violations involve women and children, it
is absolutely necessary that police investigation be accurate, comprehen- a) Get the facts no matter how embarrassing to those interviewed.
sive, effective and prompt. b) Be intensely suspicious. Watch for words spoken that might give your
suspect away.
2. Salient Principles of Sex Crimes. c) Be extremely curious. Get to know what goes on in the mind of the sex
offender.
a) It is triggered by emotion. A person who commits a sex crime has lost sit
our and analyze. It is compulsion that comes from deep within the per-
son.
b) Gratification of the sex drive is often accomplished in strange and dis-
guised ways. It involves an addiction to a certain kind of sexual satisfac-
tion. Sex is what makes a person feel good-you have to understand this
when investigating sex crimes.
c) The motivation for crimes committed by in same persons is so often ob-
scure and so illogical as to defy analysis.
d) Most sex offenders have peculiarities that full under any of the following
categories.
(i) Fetishism.
(ii) Symbolism.
(iii) Ritualism.
Sex offenders with his peculiarity use the same approach or pre-
text all the time. This helps you determine if your suspect is the
same individual involved in another case.
(iv) Sex “fantasy” or dream world. Here, the sex “fantasy” overcome
the offender who puts his dreams into reality to see if he could feel
even better. It is important to him.
(v) Sadism – Sexual satisfaction through acts of cruelty.
 d) Understand all the little overtones of sex offense. (iv) Get details on the choice o clothing (fetish).
e) Possess interview skills. This may be attained if the investigator under- (v) Odor. It can be anything from the most filthy smell to the smell of
stands the crime he is interviewing about. trees.
f) Have the abilities to analyze and to grasp the significance of details. (vi) Type of weapon used – razor, knife, wire, etc.
g) Be a thorough capable investigator in all phases of the criminal inquiries. (vii) Words used. Chances are he will use the same words in suc-
h) No crime is harder to prove and no crime is harder to disprove that sex ceeding sex crimes.
crimes. Use good sense before you hit somebody with this charge. (viii) Determine his exact approach.
i) Be intensely interested in the solution of this type of case. Remember
that the offender is likely to commit another crime of the same kind. b) Everyone is a suspect.
j) Take all complaints seriously. Remember that sex offen-ders will do (i) Never try to excuse from involvement a suspect who is “not the
nothing that ordinarily are hard to explain. type”, religious educated, responsible, etc.
k) Establish reliable informants, especially in places where children gather. (ii) Consider relatives and friends of the family.

4. Analysis and Evaluation of Every Complaint.

a) The accusation may be an excuse to cover escapades to secure sympa-

thy.
b) Be particularly analytical of charges made by children (neighborhood
grudge). Children can be mean and vengeful.
c) Look into the possibility of blackmail.
d) Change of life, hallucinations, daydreams. There are those whose
dreams assumes the proportion of reality.
e) Martyr complex.
f) Desire to be in the limelight (publicity seekers).

5. Investigative Techniques.

a) determine patterns (ritualism).

(i) Weather has an influence on abnormal people. For example: rain-
drops on the roof, fog, heat, new moon and full moon etc.
(ii) The time and day.
(iii) Type of victim. Example: Invalid little fat girls, skinny boys, old
women, etc.
 (iii) Understand that love is closely associated with sex. Man is made e) Interviews of sex offenders.
up of a mass of emotions. You’ll never know what goes on in his (i) Employ empathy. This means putting yourself in the position of
mind. You’ll never know what circumstances would compel him to the suspect you are questioning. To think as they thought, feel as
commit a sex crime. they felt and act as they acted.
(ii) Show a definite understanding and sympathy.
c) Conduct investigation of all suspects by the Inner-Outer Ring method. (iii) The opening is most important. Don’t fumble around. Prepare for
(i) One set of investigators concentrate on the victim’s inner circle it.
such as relatives, friends of the family, as well as the victim’s (iv) Employ “face-saving” whenever possible; such remarks as would
schoolmates or business associates, neighbors, servicemen (milk- help the suspect talk of the crime without feelings of guilt or
man, newsboy, etc). shame.
(ii) The Outer Ring men concentrate on conditions and circumstances (v) Privacy in this case is very important because in digging into the
not immediately concerned with the private life of the victim. mind of the suspect, the investigator has to ask very personal
Example: questions.
[1] Known perverts and sex maniacs. Check police files tap confi- (vi) Explore his mind to find our what kind of a sex offender he is.
dential informants.
[2] Strangers, tramps and vagrants.
[3] Juveniles who have displayed evidence of sexual propensity.
[4] Known criminals.
[5] Think of the unusual. Dig back. Consider unlikely suspects.
[6] Consider the crippled and “sick” man. He has the same emo-
tions as anyone else.

d) Search of persons and places.

Perverted sex offenders sometimes need paraphernalia (excitement aids).

Therefore, they may have a collection of fetishes, symbols, aphrodisiacs,
and excitants such as pornographic materials, etc.

(i) Ask a suspect to explain everything he has.

(ii) Search suspect’s car.
(iii) Search suspect’s home and office.
(iv) Check with suspects friends.
(vii) Explore his life for the same purpose.
(viii) You must understand the language of ex offenders if you want to
know what they are talking about.
(ix) Consider the emotional approach method. There are suspects
who react favorably to this method. There are suspected who re-
act favorably to this method.
(x) Learn how to listen. Some of the best interviewers are those who
have learned to listen.
(xi) DONTs in interviewing the victim:
[1] Don’t joke. It is not a situation for a joke.
[2] Don’t display and curiously.
[3] Don’t bring unnecessary people into the rooms.
[4] Never indicate doubt to the victim.
[5] Don’t be perfunctory or indifferent.
[6] Don’t be sexy.
[7] Don’t put yourself in compromising position.
[8] Don’t put words into her mouth.
[9] Don’t entertain a hunch that a certain person committed the
crime and then begin to guide the victim to your way of thinking.
[10] Don’t try to put false courage in your witnesses. There is no
substitute for honest-to-goodness analysis of the situation.
 Chapter 23 c) Elements of estafa with abuse of confidence (Unfaithfulness):
ESTAFA, BOUNCING CHECKS
AND BANK FRAUD INVESTIGATION (i) That there be a false pretense, fraudulent act or fraudulent
means.
(ii) That said false pretense, fraudulent act or fraudulent means be
A. Estafa and Bouncing Checks. made or executed prior to or simultaneously with the commis-
sion of the fraud.
1. Elements of Estafa. (iii) That the offended party relied on the false pretense, fraudulent
act or fraudulent means, that is, he was induced to part with
a) That the accused defrauded another by abuse of confidence,or by his money or property because of the false pretense, fraudu-
means of deceit. lent act or fraudulent means.
(iv) That as a result thereof, the offended party suffered damages.
This elements covers the three different ways of committing estafa under
Article 315 of the Revised Penal Code. Take note that Art 315 has three
subdivisions, classifying the different forms of estafa according to the
means by which the fraud is committed, to wit:
(i) With unfaithfulness or abuse of confidence.
(ii) By means or false pretense or fraudelent acts.
(iii) Through fraudelent means.

These three may be reduced to two only. The first form under subdivision
(I) is known as estafa with abuse of confidence (the abuse of confidence
takes the place of deceit), and the second and the third forms under subdi-
vision (ii) and (iii) cover estafa by means of deceit.

b) That damage or prejudice capable of pecuniary estimation is caused

to the offended party or a third person.

This elements is the basis of the penalty. It is necessary that the

damage or prejudice be capable of pecuniary estimation because the
amount of the damage or prejudice is the basis of the penalty for
estafa.
 d) Good faith is a defense regarding the issuance of such checks. The
d) Estafa through falsification of public or commercial documents. payee’s knowledge that the drawer has no sufficient funds to cover
the postdated checks at the time of their issuance negates estafa.
When the offender commits on a documents any of the act of falsifi- e) Issuance of the check must be a MEANS to obtain a valuable consid-
cation under Article 171 of the Revised Penal Code, as necessary eration from the payee (offended party).
means to commit another crime, like estafa, theft or malversation, the
two crimes form a complex crime under Article 48. The document, 3. The Bouncing Check Law (Batas Pambansa Blg. 22).
however, must be public, official or commercial. If the falsification
committed to hide the crime of estafa, here are two separate offenses Acts penalized under BP 22 are:
and falsification.
a) The making, drawing or issuance of any check to apply on account or
e) payment made subsequent to the commission of the crime of estafa for value, the drawer knowing at the time of issue that he does not
does not extinguish criminal laibility or reduce the penalty, nor does it have
alter the nature of the crime.

2. Estafa Through Issuance or Postdating of Checks Without Funds.

a) Elements:
(i) That the offender has postdated or issued a check in payment
of an obligation contracted at the time of postdating or is-
suance of such check, not pre-existing at the time of payment.
(ii) That at the time of the postdating or issuance of said check,
the offender had no funds or the funds deposited were not suf-
ficient to cover the amount of the check.
(iii) That the payee has been defrauded.

b) It is still essential that the check must be issued in payment of a si-

multaneous obligation, there is no estafa since the accused obtained
nothing for the said check.
c) 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
check were intended merely as promissory notes, there is also no
estafa.
 b) sufficient funds in or credit with the bank to pay the check in full when
it is presented for payment. The check is dishonored by the bank or a) Determine what document(s) is/are needed to prove the offense, if any.
would have been dishonored had not the drawer, without any valid b) Determine where and how to get them.
reason, ordered the bank to stop payment. c) Get the document (physically) by electro-copying, photographing, etc.,
c) The failure of any person who, having sufficient funds in or credit with without delay.
the bank when he makes or draws a check, shall fail to keep sufficient d) Evaluate and analyze the documents’ probative value.
funds or maintain a credit to cover the full amount of the check if pre- e) Determine the person(s) to be interrogated.
sented within 90 days from the date of the check. As a result, the f) Study and formulate the mode and scope of the interrogation. This in-
check bounces. cludes confrontation and identification of documents by the person(s) un-
d) The essential elements is the KNOWLEDGE on the part of the maker der interrogation.
or drawer of the check OF THE INSUFFICIENCY OF HIS FUNDS. g) Verify and follow up leads furnished by the person(s) interrogated.
e) But where a person endorse a check issued by another to pay an h) Apply standard investigative techniques.
obligation which did not exist before, knowing that the drawer had no i) Collate and evaluate evidence gathered.
funds in the bank or that the funds are insufficient, the endorser is li- j) Prepare the report.
able for estafa only.
f) If the check that bounced was issued to pay a preexisting obligation,
the drawer is liable only for violation of BP 22.
g) If the payee is aware of the insufficiency or lack of funds in the bank
to cover the amount of the check at the time of issue, the drawer may
be held liable under BP 22, not estafa, since there is no deceit on the
part of the drawer.
h) The same person can be punished under both BP 22 and Art 315 of
the Revised Penal Code for the same offense simultaneously.

B. Bank Fraud Invesigation.

1. Preliminary Steps:

a) There must a complaint.

b) Ascertain the possible crime committed.
c) Determine the particular bank transaction(s) involved.

2. Investigative Steps.
3. Documents Involved in Particular Bank Transactions. (i) Loan application.
(ii) Torrens Title and/or tax declaration.
a) Foreign Letter of Credit (L/C): (iii) Inspection and appraisal report.
(iv) Credit investigation report.
(i) Application and agreement for commercial L/C. (v) Loan approval memorandum.
(ii) Firm offer or pro forma invoice or cable quotation. (vi) Promissory note.
(iii) The Letter of Credit itself. (vii) Real Estate Mortgage contract.
(iv) Offering ticket. (viii) Deed of Sale of the property used as collateral.
(v) Oficial receipt (for marginal deposit). (ix) Board minutes relative thereto.
(vi) Check (used in making merginal deposit). (x) Check used in the withdrawal of the loan.
(vii) Cable advise.
(viii) Credit/Debit advice.
(ix) Insurance policy.
(x) Bill oflanding.
(xi) Certification issued by the Bureau of Customs.
(xii) Certification issued by the Central Bank.

b) Telegraphic Transfer:

(i) Application for purchase of foreign exchange for miscellaneous

purpose.
(ii) Evidence of indebtedness to support the application.
(iii) Certification issued by the agent’s bank.
(iv) Debit ticket.
(v) Cable advise.
(vi) Telegraphic transfer.
(vii) Credit ticket.
(viii) Official receipt.
(ix) Check used.
(x) Specimen signature.

c) Real Estate Mortgage Loan:

 (ii) Invoice (only in case of domestic L/C.)
d) Encashment of Out-of-Town Check: (iii) Draft .
(iv) Trust Receipt.
(i) Check.
(ii) Remittance slip. h) Over Draft Line:
(iii) Teller’s block sheet.
(iv) Clearing and distributing clerk block sheet. (i) Agreement for advances in current acoount.
(v) Accountant’s block sheet. (ii) Bank resolution.
(vi) Monthly reconciliation statement. (iii) Collateral used; that is either the Real Estate Mortgage or assign-
ment of deposit.
e) Time Deposit: (iv) Check used by the bank client.

(i) Deposit.
(ii) Certificate of time deposit.
(iii) Check used.
(iv) Teller’s proof sheet.
(v) Teller’s daily record of deposits.
(vi) Check register.
(vii) Posting tape.
(viii) Individual ledger card.
(ix) Withdrawal slip.
(x) Books of accounts.
(xi) Specimen signature card.

f) Demand Draft:

(i) Application.
(ii) Demand draft.
(iii) Cashier’s check.

g) Trust Receipt.

(i) All documents needed re foreign L/C.

 [1] Money Market – This is one kind of bank transaction wherein a
i) Domestic L/C: particular bank will issue a promissory note in favor of another
bank.
(i) Invoice. [2] Call Slip – Is a debit and credit ticket authorizing the Central
(ii) Draft or promissory note. Bank to pay a certain bank changeable against the account of an-
(iii) Trust receipt. other bank.
[3] Demand Draft – is a bank transaction wherein a client of a
j) Cashier’s Check; bank will buy or purchase a demand draft to presented to his
branch.
(i) Application. [4] Draft – is a promissory signed by the client of the bank.
(ii) Cashier’s check. [5] Out-of-Town Check – is a check being presented to encash-
(iii) Check used, if any. ment before any bank located not within the territory where the is-
suing bank is located.
k) Money Market:

(i) Promissory note.

(ii) Call slip.
(iii) Repurchase agreement.
(iv) Check used.

l) Encashment of Fake and/or Forged Foreign Checks:

(i) Check involved.

(ii) Debit and credit ticket.
(iii) Withdrawal slip.
(iv) Passbook.
(v) Specimen.
(vi) Debit and credit.
(vii) Affidavit of the real payee.
(viii) Return slip.
(ix) Blue paper (the schedule of receipts of collection items).
(x) Deposit slip.
Notes:
 Chapter 24 of the following is present in any of the three above-mentioned cir-
ARSON INVESTIGATION cumstances:

a) That the total insurance carried on the building and/or goods is

A. Arson Investigation more than 80% of the value of such building and/or goods at the
time of the fire.
1. Law and Jurisprudence: b) That the defendant after the fire has presented a fraudulent claim
for loss.
The law on arson in the Philippines is covered by Article 320 to 326 of the
Revised Penal Code, as amended by PD No. 1613, PD No. 1744, and RA The penalty of prison correcional shall be imposed on one who
6975, Sec 54 which provides that the fire Bureau shall have the power to in- plants the articles above-mentioned, in order to secure a convic-
vestigate all cases of fire and, if necessary, file the proper complaint with the tion, or as a means of extortion.
City/Provincial prosecutor who has jurisdiction over arson cases.
c) Sec 6, PD 16113 – Prima Facie Evidence of Arson -- Any of the follow-
a) Elements of Arson: ing

(i) Actual burning took place.

(ii) Actual burning is done with malicious intent.
(iii) The actual burning is done by person(s) legally and criminal liable.

b) Article 326 B, RPC – Prima Facie Evidence of Arson – Any of the follow-
ing circumstances shall constitute prima facie evidence of arson:

1. If after fire, materials or substances soaked in gasoline, kerosene,

petrolium, or other inflammables, or electronic contrivance designed
to start a fire or ashes or traces of any of the foregoing are found;
2. That substantial amounts of inflammable substance or materials not
necessary in the course of the defendant’s business were stored
within the building, and
3. That the fire started simultaneously in more than one part of the build-
ing or locale under circumstances that cannot normally be due to ac-
cidental or unintentional cause: Provided, however, that at least one
d) circumstances shall constitute prime facie evidence of arson. These are The offense is committed by a syndicate if it is planed or carried out
in addtion to those enumerated under Art. 326-B of the Revised Penal by a group of three (3) or more persons.
Code:
f) It is a well-settled principle of criminal law that a conviction for a crime
1. If the fire started simultaneously in more than one part of the building cannot be had unless the corpus delicit is established. To established
or statement. the corpus delicit in arson, the proof of two elements is required: (1)
2. If substantial amounts of flammable substances or materials are the burning of the house or other thing, and (2) the criminal group that
stored within the building not necessary in the business of the of- caused it.
fender nor for household use.
3. If gasoline, kerosene, petroleum or other flammable or combustible 2. Preliminary Investigation.
substances or materials soaked therewith, or containers thereof, or
any mechanical, electrical, chemical, or electronic contrivance de-
signed 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.
4. If the building or property is insured for substantially more than its ac-
tual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy, more
than two fires have occurred in the same or other premises owned or
under the control of the offender and/or insured.
6. If shortly before the fire a substantial portion of the effects insured
and stored in the building or property had been withdrawn from the
premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made be-
fore the fire in exchange for the desistance of the offender or for the
safety of the person or property of the victim.

e) Sec 4, PD 1613 – Special Aggravating Circumstances in Arson – The

penalty in any case of arson shall be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred toward the owner or oc-
cupant of the property burned;
4. If committed by a syndicate.
a) Examination of the fire scene.
d) Laboratory:
(i) Examination should be thorough.
(ii) Establish the corpus delicit by eliminating all natural or accidental (i) Evidence must be collected, identified and preserved and then
cause. transport to the laboratory in the best possible condition. Every ef-
forts should be made to prevent contamination of materials se-
b) Take photographs of the following: cured as evidence. Containers for evidence may consist of
heavyweight plastic bags of various sizes, clean glass mason jars
(i) Exterior elevations. with rubber washers and screw tops, metal cans with clean pres-
(ii) Identification of the property. sure or plastic lids, clean glass bottles with screw caps, and card-
(iii) Out-building and grounds. board or plastic boxes of assorted sizes.
(iv) Interior of the building, room by room, in logical sequence. (ii) Evidence containing latent prints should be protected so as not to
(v) Evidence, prior to removal, in close-up and wide angle shots. smudge or destroy the prints.
(vi) Travel of fire and char pattern. (iii) A letter of instruction should be sent to the laboratory with the evi-
Note: Photography may be taken with most any type of camera, provided dence, describing the same and what the investigator expects the
the photos indicate the scene as the investigator found it. It 8 x 10 glossy, laboratory technician to recover via the various laboratory pro-
black and white prints, colored slides, movies and video tapes may be uti- cesses.
lized.

c) Sketches:

(i) Before the fire – A sketch is made to assist firearm and investiga-
tors in presenting a clear picture of the of the involved building to
the court. The sketch may be approximately or accurate, depend-
ing upon the ability of the investigator. It should show clearly the
rooms, halls , closets, doors, windows and stairs. It should show
utility leads into the building. In commercial or industrial building,
the sketch should locate the standpipe, audible alarm bell, eleva-
tors or any other pertinent factor involving the investigation of the
fire.
(ii) After the Fire – The whole layout should be sketched indicating
therein exact places where articles, etc. were found and the posi-
tion thereof.
 When conducting a neighborhood inquiry, interview person in a wide area of
e) Preliminary interview with the owners/occupants. the surrounding community. Interview the person who discovered the fire,
how he/she happened to be in the area, the location of the fire when initially
This interview in conducted to ascertain the names of owners/occupants, in- observed and other pertinent facts. Interview the person who turned in the
surance data, employment, etc. Warning: Nothing should be said or im- alarm. Obtain observation from neighbors concerning the fire, prior to dur-
plied during this interview to indicate any suspicion toward the person inter- ing and after the fire. Ascertain the relationship of the owner(s)/occupant(s)
viewed. Information obtained in these preliminary contacts may provide a with the neighbors. Witnesses may be able to provide information relative
possible clue as to an accidental fire, or leads on possible suspects and to the insured’s domestic life, financial condition, anticipated sale of the
motives. property and problems with the property such as flooding heating, changes
of routes, etc. It is sometimes useful to take statements from any witnesses
f) Insurance. who appear to be hostile or who may later change their testimonies. Re-
member you are seeking information. Do not divulge information to wit-
(i) The insurance agent or broker will provide the names of the com- nesses.
pany(ies), 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. 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.
(ii) The insurance adjusters can provide complete insurance informa-
tion regarding the loss. He can also supply any statement taken
from the assured. He will be able to provide a sworn proof of loss,
which will include specific items claimed damaged or lost and
which may provide the investigator with information indicating an
attempted fraud. Adjusters frequently have access to the books
(ledgers, journals, inventories, etc.) of the business establishment
involved in the fire. Should the investigation indicate a probable
fraud, the adjuster can request the interested insurance
company(ies) to withhold payment during the course of the investi-
gation.

g) Neighborhood inquiry.
 (ii) When shorthand notes are being taken, the stenographer should
h) Public records. be introduced to the subject. Some investigators request the
subject to initial all pages of the shorthand notes.
(i) Legal Records – deed, mortgages of real estate and chattels; lens (iii) Statements may be narrative or question-and-answer type.
encumbrances, and his pendens; vital statistics; local and national There may be times when the subject will write his own state-
taxes; hospital and mental records. ment, and this is desirable.
(ii) Financial and credit information; building and loan associations; (iv) Statements should contain a complete personal history of the
credit bureaus; charge accounts; public utilities, i.e, gas water, principal subject, associates, complete and accurate account ,of
electricity, telephone; servicemen, i.e. newsboy, milkman, etc. the purchases, lease or rentals of the involved property, any
(iii) Employment records, military records, school records, juvenile strikes, personnel problems, loss of business, neighborhood
court records. change, highway changes, inventory, a complete account of his
activities, prior to, during and after the times of fire., etc.
3. Questioning Principal Suspects.

a) Prior preparation will determine when the investigator should conduct

the initial questioning. All background information pertaining to the sus-
pect and the matter under investigation should be known to the investi-
gator prior to the interview. Principal witneeses 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 informa-
tion.

b) Statements.

(i) Tape-recorded statement should be made on a permanent

recording, for their preservation, to forestall any alterations, and
to ensure their availability to the availability to the court if neces-
sary. Once started, a tape recorder should operate continuously.
If for any reason the record is shut off, the subject should be
made aware of this , and when the recording is resumed, the rea-
son for shutting off the recorder should noted and the subject
should be asked if he was promised any reward threatened, or
forced to continue his statement.
 h) Investigator’ s conclusion as to cause of the fire. Is it accidental? Suspi-
4. Motives. cious? Incendiary?
i) Reason for closing the investigation. Accident report may be concluded
It is not essential to prove motive in obtaining a conviction for the crime of with the preliminary report.
arson. Establishing a motive does help on providing the reason why the j) Reason for continuing the investigation. Note what action is expected to
suspect committed the crime. The following motives for setting fires are be taken by the investigator.
well-known to investigators and are self-explanatory. k) Date of preliminary investigation.
l) Date of report.
a) Fraud. m) This report should contain a resume of the facts and information obtained
b) Spite – Revenge. during the course of the preliminary investigation. It should cite the rea-
c) Cover up a crime. sons for the investigator’s conclusions.
d) Vandalism – Riots.
e) Pyromania.
f) Juvenile deliquency.

B. Reporting Arson Investigation.

1. Preliminary Report.

It is not necessary to go into details in preparing a preliminary report. This

report should be submitted to the supervisor as soon as possible after pre-
liminary investigation. The report should list the following:

a) Owner – His/Her name and present address.

b) Occupants – Their names and present address.
c) Date and hour of fire.
d) Location of fire, street address, city or municipality, province.
e) Person requesting investigation and date of the request.
f) Brief description of the building as to construction and occupancy.
g) Available insurance date:
(i) Name and address of agent.
(ii) Name and address of adjuster.
 (iii) Detailed history of the fire as learned from the fire officials and
2. Final Report. firemen. In this paragraph, list any unusual circumstances ob-
served by firemen in extinguishing the fire.
The report contains a word picture of all information developed during the in-
vestigation. All materials included should be concise, accurate and com- k) Insurance:
plete as it becomes a permanent record and may be used by prosecutors (i) List name, address, telephone number of company, amount of in-
and attorneys in the preparation of cases for trial. surance, date and number of policy and to whom it was issued.
(ii) Agent’s name, address, telephone number and name of company.
a) Case number. (iii) Adjuster’s name, address, telephone number and name of com-
b) Date of report. pany.
c) Name, title, address of person requesting investigation and date of re-
quest. l) Evidence:
d) Subject: Owner or occupant, and present address. What was found, the date, time, location and who now has custody; names
e) Date and hour of fire alarm. titles
f) Weather condition, wind direction, speed etc.
g) Complete and detailed descriptions of building: height, construction, type
of roof, wiring, plumbing, heating device, air-condition, fuel, etc. (Attach
Sketch). If 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. If rural, give mailing address, distance and direction from the
nearest road intersection, plot or lot number, etc.
i) Occupants.
(i) Dwelling: List names, ages, race, relationship, present address,
telephone numbers, place of employment. If multiple dwelling,
contact all occupants and obtain the above information.
(ii) Commercial/Institutions. List names, titles and addresses of all of-
ficers and supervisory personnel.

j) Fire history.
(i) Name address of person(s) who discovered or reported the fire.
(ii) Fire departments and companies responding and officers in
charge.
and addresses of persons securing evidence was taken to the laboratory, Describe or narrate in investigator’s own words the method, system or man-
receipt to be made a part of the report. Report from laboratory should also ner by which the suspect entered the building, such as by using a key, forc-
be made a part of the report. Evidence should be secured until the case is ing a window or door open. Also outline suspect’s actions before, during
disposed of. and after the crime. Set forth all other relevant information that may be ob-
tained. Outline from what sources these conclusions were drawn.
m) Photographs:
Note the type of camera used to take the photos; the name, title and ad- r) Property:
dress of the person taking the photos; the name and address of the person List and describe the articles that were removed from the premises before
of firm developing the prints; type of film used. List the order in which the the fire, and if recovered, give the name and address of the holder. Also list
photographs were taken, and what each depicts. Note who has custody of and describe any articles that the owner said were in the fire and which and
the negatives. which you were not able to identify as being there. If the articles were re-
covered, note the time and date of recovery, and where they were recov-
n) Fingerprints: ered. Secure a copy of the proof of loss.
It is desirable to include three copies of fingerprints and photos of
suspect(s) if available.

o) Suspects:
(i) In case no charge is filed or will be filed until more information is
obtained, but the reporting officer has the name(s) of strong sus-
pect(s) such as name(s) should be included here.
(ii) State the names, aliases and nick names of the suspect(s), the
present address, occupation, places of enjoyment, habits, asso-
ciates, family history, any past criminal record and physical de-
scriptions.

p) Motive.
The investigator should describe in his own words the reason or reason why
the suspect committed the crime. The suspect might have related his mo-
tives for the commission of the crime, or they may be deducted from the
statements of witnesses.

q) Modus Operandi:
s) Witnesses.
Give the names, ages and addresses of witnesses, their occupation, relia-
bility 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. Lengthy statement may
be separated and attached to the report. Summarize the statement in the
report and refer to the complete statement attached.

t) Financial report:
Obtain reports of the financial status of owners, suspects or the accused,
i.e., bank statements, mortgages, debts, bankruptcy, etc:, credit reports; in-
formation or sale of property. Information pertaining to deed, titles, taxes
etc., should be included in this paragraph.

u) Court action.
State the defendants’ names, ages and address. Give the names and ad-
dress of the court’s presiding judge, the prosecutor and defense counsel.

v) Assisting officers.
Police, firemen from fire service, NBI agents, etc.

w) Subsequent reporting.
In submitting additional information, follow the outline, as set forth, listing
the information to be reported under the proper headings and in the same
sequence, using only the captions applicable.
 Chapter 25
INVESTIGATION OF BOMBING a) Account for the whereabouts of suspects at the time of the bombing and
immediately prior and subsequent thereto. Information are useful in this.
b) Start tracing any physical evidence found a the crime scene – for exam-
A. Explosives Investigation ple, dynamite wrappings, pieces of pipe, electrical devices, pieces of fuse
and similar materials. Use of experts (whenever available) in searching
1. Preliminary Remarks. the crime scene is best since they can recognize potential evidence more
quickly and may be able to make investigative suggestions from what
Investigation of this nature calls for the full use of ingenuity investigative re- they see at the scene.
sourcefulness and scientific crime detection methods. c) After experts have determined the type of explosive use, contact users
and suppliers of this particular type for aid in determining the source of
2. Interview and Interrogation. the explosive used. Consider also the possibility that the explosive were
stolen.
a) All persons identified to be at the scene upon arrival of the police and
who might have witnessed the explosion should be interviewed.

b) Interviews must cover indications of suspicious activity as well as facts on

the explosion itself, namely:
(i) Sound of the explosion;
(ii) Force of the explosion and its directions;
(iii) Color of the smoke;
(iv) Color of the flame; and
(v) Odor of the gases produced.

c) Determine the avenues of approach to and retreat from the area where
the bomb exploded. Explore these avenues for evidence.
d) Mount a saturation interview of all persons who might have noticed
something bearing on the bomb explosion.
e) Photographs of potential bombers should be shown to person who had
the opportunity to see activities in the bomb area before and immediate
after the explosion.

3. Follow-up Police Activity:

 (ix) Manage, evaluate and finalize search and investigative actions.
4. Motive: (x) Conduct final scene evaluation conferences.

This is very important in selecting suspects. Consider such traditional cir- b) Photographer:
cumstances as: (i) Select and assemble equipment.
(ii) Photograph immediate and general area including victims, crowd
a) Evidence of motive. and vehicles.
b) Evidence of plan, design or scheme. (iii) Photographs team operations.
c) Evidence of ability and opportunity to commit crime. (iv) Photograph blast seat and damage showing measurement.
d) Evidence of possession of the means for a bombing. (v) Photograph evidence as found.
e) Evidence of flight after the explosion.
f) Evidence of flying, attempts to influence potential witness, faking an alibi,
destruction of potential evidence, and other indications of a conscious-
ness of guilt.
g) Consider the possibility that the victim had the bombing done for his own
benefit –publicity, sympathy, insurance, material problem, etc.
h) Consider the possibility that a “hate” organization is involved regardless
of whether the group is large or small, adult or juvenile.
i) Do not concentrate all of your time on one suspect.

5. Explosive Investigation Guide:

a) Team Leader:
(i) Select and assemble personnel and equipment and coordinate
with other offices.
(ii) Conduct scene overview.
(iii) Determine and establish scene integrity, security and safety.
(iv) Establish command post and media control.
(v) Conduct scene walk – through with Explosive Technician and
forensic Chemist.
(vi) Coordinate all personnel and search patterns.
(vii) Assign Immediate Area Search and Investigative Unit.
(viii) Assign General Area Search and Investigative Units.
 (vi) Photograph immediate and general area from aerial perspective. (vi) Make artist’s conception of the scene prior to the blast with the
(vii) Take scene reconstruction photographic series. help of witnesses, showing how furniture was arranged or how the
(viii) Photograph blueprints, maps and previous photos of the scene, if structure was before the explosion.
necessary. (vii) Prepare a legend on the diagrams.
(ix) Photograph known or potential suspect. (viii) Inventory collected evidence with the evidence technician and en-
(x) Identify additional photographic needs with all scene investigators. sure that all evidence is noted on the control sketch.
(ix) Coordinate with the team leader and other investigators.
c) Evidence Technician:
(i) Select, assemble and distribute collection equipment to search e) Immediate area investigative Unit:
team members. (i) Select and assemble investigative equipment.
(ii) Prepare evidence control log and set up evidence collection point. (ii) Interview local officers, firemen and all possible witnesses at the
(iii) Coordinate and control evidence collection techniques and proce- scene.
dures. (iii) Determine the owner of the property, the victim of the explosion,
(iv) Record the receipt of all properly marked and packaged evidence and if any person were injured in the blast.
from search teams on the evidence control log.
(v) Categorize collected evidence.
(vi) Maintain custody and control of collected evidence at the scene.
(vii) Coordinate with the team leader and other investigators.
(viii) Verify collected evidence with evidence control log before depart-
ing the scene.
(ix) Document the chain of custody and provide temporary storage.
(x) Prepare laboratory analysis request and transmit evidence to the
laboratory.

d) Schematic Artist:
(i) Select and assemble equipment.
(ii) Diagram immediate blast area.
(iii) Diagram general. Area.
(iv) Identify evidence found by indicating the assigned evidence num-
bers on the evidence control sketch showing the location where
found.
(v) Show necessary measurements of heights, lengths and widths.
 (iv) Obtain names of any persons who are employee, watchmen or (viii) Divide the immediate area into a search pattern and make a me-
janitors. thodical search. Search from the seat of the explosion to an ex-
(v) Provide the names and locations of all persons or groups who panded area that overlaps with the generals area search unit.
should be interviewed to the General Area Investigative unit. This (ix) Individually record and package evidence found and follow routine
list will include the injured persons who were taken to hospital to procedure with the photographer, schematic, and the evidence
rescue workers who have departed from the scene. technician.
(vi) Identify all persons at the explosion scene and coordinate with (x) Reconstruct the immediate area scene and coordinate with the
the photographer to film the crowd and vehicles in immediate and team leader and other investigators.
general areas.
(vii) Record description and time of sounds, color of smoke and any g) General Area Search Unit.
odors noticed by witnesses. (i) Select and assemble equipment and coordinate search pattern.
(viii) Question the witnesses and record facts pertaining to the general (ii) Stay alert for structural hazards, secondary and entrapment de-
activity at the scene to the explosion. vices.
(ix) Question the witnesses and record facts pertaining to anything un- (iii) Check all surroundings buildings, vehicles and object for damages
usual about the activity or any facts concerning unidentified pack- by missile from the explosion and mark these locations for the
ages, items, persons, or vehicles. photographer and the schematic artist.
(x) Reconstruct the immediate area activity and coordinate with the
team leader and other investigators.

f) Immediate Area Search Unit:

(i) Select and assemble equipment.
(ii) Stay alert for structural hazards, secondary devices and entrap-
ment devices, before and after entering blast area.
(iii) Locate seat of explosion or point of fire origin.
(iv) Coordinate the schematic artist and photographer before disturb-
ing the crater or immediate blast area.
(v) Measure and record the size, depth and shape of the crater or
damage.
(vi) Collect samples from the blast seat and retain necessary control
samples.
(vii) Search and sift the seat of the explosion for device components.
 (iv) Search the area of ingress and egress for associative evidence, (ix) Follow team leader assignments as developed from the scene and
such as footprints, tire tracks, torn clothing, blood, hair, finger- make overall evaluation from conferences.
prints or other evidence that may relate to suspect(s). (x) Maintain communication with the team leader and coordination
(v) Search the area for evidence from the explosion. with other investigators.
(vi) Search rooftops and trees or other high places that may have
caught debris from the explosion. Document blast effect and i) Forensic Chemist:
glass breakage in surrounding area. (i) Select and assemble equipment.
(vii) Determine the extent of the outer perimeter of thrown missiles and (ii) Conduct preliminary walk-through of the scene with explosive
evidence. Indicate this finding to the schematic artist, photogra- technician and team leader.
pher and the explosive technician. (iii) Assist team leader in evaluating the situation and discuss the
(viii) Adjust the outer perimeter of the search pattern as necessary. method of approach.
(ix) Individually record and package the evidence found. Coordinate (iv) Assist General Area Search Unit where appropriate.
this with the evidence technician, schematic artist and photogra- (v) Assist Immediate Area Search Unit.
pher. (vi) Coordinate with national and local laboratory personnel as appro-
(x) Reconstruction the general area scene and coordinate with the priate.
team leader and other invetigators.

h) General Area Investigative Unit.

(i) Select and assemble investigative equipment.
(ii) Review maps and evaluate ingress and egress and select a me-
thodical pattern for any canvassing the area.
(iii) Determine the possibility of deliverymen being in the area and
make a list of their names and address for follow-up interview.
(iv) Canvass the neighborhood for witnesses.
(v) Canvass business premises that may be related premises to
ingress and egress, such as all-night service stations, cafes, fast-
food restaurant, etc.
(vi) Prepare a suspect list with necessary facts relating to the investi-
gation.
(vii) Record description of the suspect premises for future use.
(viii) Check sources of device components/materials recovered at the
crime scene.
 (vii) Act as technical adviser for all laboratory-oriented questions aris- and with the removal of the bomb menace and subsequent investigation to
ing at the scene. establish the identity of the perpetrator. However, the primary importance of
(viii) Conduct field test where appropriate. human life, including hiw own, should be the controlling factor in his efforts
(ix) Assist the evidence technician and team leader in the evaluation to dispose of the bomb.
of collected evidence.
(x) Assist the evidence technician with proper packaging for submis- No person other than a trained explosive expert should attempt to dis-
sion to the laboratory. mantle a suspected bomb.

j) Explosive Technician 2. Initial Steps.

i) Select and assemble equipment. a) Clear the danger area of all occupants.
ii) Accompany team leader on walk-through to provide a technician b) Get the service of an explosive expert.
evaluation and assessment of the fire/explosion scene.
iii) Establish scene parameters.
iv) Identify seat of explosion of point of fire origin.
v) Assist the General and Immediate Area Search Units.
vi) Technically evaluate investigative information and recovered ma-
terials.
vii) Determine whether the incident was criminal or accidental.
viii) Reconstruct the sequence of occurrences and physical evidence.
ix) Prepare statement regarding technical determination.
x) Prepare statement regarding technical determination.

B. Safety Precaution for the Handling of Home-Made Bombs.

1. Preliminary Statement.

Upon the discovery of a bomb or suspected bomb, the function of the

private citizen should ordinarily be limited to warning all persons in the
bomb area and notifying the proper authorities.

The problem presented to the law enforcement officer is much more diffi-
cult. He is concerned both with the protection of human life and property,
 c) Avoid moving any article or object which may be connected with the c) Explode or break apart, by rifle fire from behind a barricade at safe dis-
bomb or act as trigger mechanism. tances, the package containing the bomb or suspected bomb.
d) Establish an organized guard outside the danger area. d) Burn or explode the package, where rifle fire is not advisable, by placing
e) Shut off power, gas and fuel from leading to the danger area. kerosene-soaked rags or paper around it and igniting the rags or paper.
f) Remove flammable materials from the surrounding area. e) Withdraw at safe distance from the bomb after the rags or papers have
g) Notify the local fire department and rescue squads. been ignited.
h) Arrange for stand-by medical aid.
i) Obtain mattresses, sandbags, other similar baffle devices for protection 5. Moving the Bomb.
against flying fragments.
j) Check and have available fire-extinguishing equipment. When it is deemed advisable to remove the bomb rather than explode or
k) Arrange for use of portable X-ray equipment, if the use of such is burn it where it is, a number of factors should be considered. It must first be
deemed advisable by the explosive expert. determined , as much as possible, whether the bomb is a TIME or TRIG-
GER bomb.
3. Control Action.

a) A suspected bomb should be dealt with the fullest possible measure of

control before attempts to disable it are made.
b) If the bomb explodes, reduce the effects of the explosion by practicable
ways such as the use of sandbags and mattresses.
c) Sandbags should be used to surround but not to cover the bomb to di-
rect the force upward and downward rather than laterally over adjacent
areas. IF piled between the bomb valuable items or critical points, it
would afford some protection and should receive some consideration.
d) Place barricades and should receive some consideration.

4. Disposal.

a) Disposal may be considered after appropriate control action has been

taken.
b) Destroy the bomb where it is found rather than risk the danger of moving
it. This course of action is especially recommended if relatively little
property damage would result.
 iii) Sources of current for testing off an electric blasting cap in-
a) Time Bomb explodes automatically at a present time. clude ordinary house current, a telephone, buzzer, bell or
flashlight batteries.
i) It is activated by a clock mechanism though it may be set off by iv) Usually placed or thrown.
some chemical delay device. v) Cannot be sent by mail or express.
ii) It is seldom sent through the mails, though this possibility does ex- vi) Directed against property rather than persons.
ist. vii) To deal with an open-type bomb, most safety fuse cannot e ex-
iii) It may be directed against either persons or property. tinguished by water of by stamping but must be several ahead
iv) Not all times bomb contains clock mechanism. of the progress of burning. Is detected by a discoloration of
v) If a mechanism is used, it may be detected by placing a micro- the fuse.
phone, the package and listening with the aid of an amplifier viii) U.S.-Manufactured safety fuses normally burn at the rate of 90
placed some distance from the bomb. to 120 seconds per yard.
ix) Sever the safety fuse well ahead of the progress of burning to
b) Trigger Bomb may be set off by. render the bomb inactive.

i) Picking it up;
ii) Inverting it;
iii) Stepping on it;
iv) Opening the lid; or
v) Some other similar natural acts involving movement of the bomb
or part of it.

c) Open-type bomb.

i) Makes no effects to conceal its nature, such as sticks of dynamite

tied or taped together, fitted with a safety fuse and blasting cap; a
short piece of pipe loaded with an explosive substances capped at
both ends with a piece of safety fuse portuding from a hole through
one of the capped ends.

ii) Can be activated by attaching the electric blasting cap leg

wires to an electric current, if the safety fuse and blasting caps
in either or both are replaced with an electric detonator.
 x) Though successful in cutting or removing the safety fuse ( the
bomb itself should be treated as an active one), explosive ex-
perts should be called to dismantle the bomb and render it
safe to handle.

d) Concealed or disguised bombs.

I) Generally activated by time delay devices or trigger mecha-

nisms.
ii) Any conceivable object of practicable size can be used to dis-
guise a bomb , e.g. gift packages, cigar boxes, food containers
- - an infinite number of items.
iii) Directed principally against persons.
iv) Should be handled by explosives experts.

6. Types of Explosive Used in the Construction of Home-Made Bombs.

a) Low-order explosives.

j) Black powder.
ii) Smokeless powder.
iii) Volatile vapors.

b) High order explosive.

j) Various grades of dynamite.

ii) Blasting gelatin.

REMINDER: Only technical personnel fully acquainted with explosive de-

vices should be allowed to Handle, Dismantle and Destroy.
 n) Some gangs of “carnappers” have their own modus operandi in commit-
Chapter 26 ting a holdup. Some have a favorite dumping place for their victims, e.g.
ROBBERY AND THEFT OF Sucat Road, the Alabang Zapote Rod for carnappersbased in Cavite; iso-
MOTOR VEHICLES lated places in San Juan and Mandaluyong for carnappers based in
pampanga (San Fernando Macabebe, Angeles, Guagua, Mabalacat) and
1. Robbery (Hold-up). Bulacan ( San Miguel, Plaridel, Baliwag Obando) and Nueva Ecija (Sta
Rosa , Gapan, Cabanatuan) the dark service road of the South Super Hi-
a) Place of occurrence. way (for carnappers based in Cavite and Rizal, Laguna and Batangas);
b) Time of occurrence - - how was the hold-up committed? (Report might be etc.
fake or simulated ).
c) Number of participants in the holdup. 2. Theft and Robbery With Force Upon Things.
 Number of Suspects.
 Number of victims. a) Purpose: Identify and apprehend the offenders and recover as much
d) Physical descriptions of suspects. (Identify by number , e.g., Suspect stolen property as possible.
No. 1 No. 2, etc) b) Consideration:
e) Injuries sustained by victim(s), if any.
f) Common expressions uttered by suspects(s) diction, intonation manner
of speech-lisping, talking though the nose.
g) Number and description of weapons used firearms, bladed or blunt in-
struments.
h) If victims was taken with the motor vehicle, what was the route taken in
the getaway and where was the victim subsequently released?
i) Description of suspect’s motor vehicle, if any.
j) Complete description (secure copy of registration papers) of victim’s mo-
tor vehicle.
k) Other personal effects or articles taken by suspects aside from the motor
vehicle.
l) Witnesses to the robbery (holdup).
m) “Carnappers” who take the victim with the motor vehi-cle sometimes
carry on a conversation with the victim before dumping him in an isolated
place. In this conversation, they sometimes give hints could be pursued
should be later decide to pay ransom for the car.
 i) Determine the method of approach and the entry. motor vehicle, shall be classified as separate motor vehicles with no power
ii) Reconstruct the offender’s activities at the scene. rating. (Sec 2, RA 6538)
iii) Find out if there were attempts to destroy evidence or conceal
the offense. d) How can one detect a stolen motor vehicle?
iv) Gather evidence on the type of transportation used. i) Lack of license plate number.
v) Gather evidence to determine the method and route of exit and ii) Sporting improvised plate.
flight. This may provide leads to the offender. iii) If the vehicle appears to be abandoned.
iv) Sporting a fake license plate or stickers.
3. Carnapping. v) Having no stickers for the currently year.
vi) If the vehicle appears to be haphazardly painted.
a) What is meant by the term “carnapping”? How is it committed? vii) If the plate number does not correspond with the year/model of
the vehicle.
“Carnapping” is the taking, with intent to gain, of motor vehicle belonging to
another without the latter’s consent, or by means of violence against or in-
timidation of persons, or by using force upon things (Sec 2, RA 6538).

b) What are the elements of carnapping?

i) Unlawful taking.
ii) Intent to gain.
iii) Motor vehicle belonging to another.
iv) Lack of owner’s consent.
v) Use of violence against or intimidation of persons, or force upon
things.

c) What is a motor vehicle?

“Motor vehicle” is any vehicle propelled by means other than muscular

power using the public highways, but excepting rollers, trolley cars, street
sweepers, sprinkles, lawnmowers, bulldozers, graders, forklifts, amphibian
trucks and cranes if not used on public highways; also, vehicles which run
only on rails or tracks, and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purpose. Trailers having any number of
wheels, when propelled or intended to be propelled by attachments to any
e) What are the possible signs of such fraud in transactions relating the C. Clearance for change of motor/chassis/color:
transfer of motor vehicle.
The following are the possible signs of such fraud: i) Xerox copy of the vehicle’s CR and latest OR of Payment of
j) When the seller cannot present offers to register the motor vehicle LTO fees.
in behalf of the ii) Affidavit of stating the change of motor/chassis color and the cir-
buyer. cumstances thereof.
ii) When the price is conceivably below the prevailing market price.
iii) If the seller cannot present original copies of supporting docu- D. Clearance to rebuild/assemble:
ments, i.e., CR, OR, Deed of Sale, regarding his ownership of the
motor vehicle. I) Affidavit stating the circumstances of rebuilding /assembling of a unit
iv) Obviously falsified supporting documents. from down parts.
v) If the sale is through a third party rather than the actual owner ap-
pearing in the CR.

f) How does one obtain a motor vehicle clearance?

Applicants for clearance are required to bring the vehicle desired to be
cleared to HPG Headquarters in the regions/ province for stencilling/macro-
etching of its motor/chasis numbers. At the same time, the applicant must
present the following:

A. Clearance for transfer of Ownership:

i) Xerox copies of the vehicle’s Certificate of Registration.
ii) Deed of Sale.
iii) If the vehicle is covered by an existing mortgage, a xerox copy of
the Chattel Mortgage release or, in the proper case, the deed
of sale with assumption of the mortgage obligation which must
bear the conformity of the mortgage.

B. Clearance for original registration:

i) Xerox copy of the Dealer’s receipt.

ii) Xerox copy of the LTO Certificate of Dealer’s Report.
 ii) Dealer’s receipt of all the parts involved. ii) Request Forensic Chemistry Division tohave the motor and chas-
iii) The LTO’s Certificate of Dealer’s Report to LTO covering the sis numbers and paints examined (to find out whether motor and
chassis/engine. chassis numbers have been tempered with and whether it was re-
painted, and if so, for their restoration and determination of the
4. (Qualified) Theft of Motor Vehicles. Consider the following: original color).
iii) If engine and chassis numbers have not been tampered with,
a) Where the motor vehicle was stolen. trace the owner from whom the said car was carnepped or stolen.
b) Time when it was parked. iv) Request the owner to present his papers of ownership and con-
c) Time the car theft was discovered. duct an interview as to the circumstances of the loss; take sworn
d) How was the car possibly taken? statement, show musg shots of the suspect or present the sus-
e) Complete description of car. (Get the registration papers, if possible.) pects themselves if they have been arrested ; include, in the inter-
f) If car was stolen from residence, look for footprints, tire marks of vehicle view questions as to whether the victim has means of identifying
used by suspects, tools or implements left behind. the motor vehicle other than through the monitor and chassis
numbers.
5. Follow-up Investigation.

a) Surveillance of known fences and car repair shops, and exchanges

known to be storage places for stolen (carnapped) vehicles.
b) Identification of the suspect(s) by victim from mug shot in your rogues
gallery or those being kept by other agencies.
c) Gathering of information from informers and informants about past,
present and future activities and plans of known carnappers belonging to
the gang and their names, aliases, physical descriptions, weaknesses
(drug-addicts, fondness for a certain type of gun, fondness for alcoholic
drinks and beverages, etc.) their hang-outs (clubs, barbeue plazas, cafe-
teria, etc.
d) Gathering of information of favorite storage places and garage of carnap-
pers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor vehicles:
i) Check registration papers, deeds of sale and other papers (Cus-
tom records of car is imported) concerning the recovered car pre-
sented by the possessor of the car with the LTO etc.
v) If motor and chassis numbers have been tampered with, bring the
motor vehicle to the plant of the company which assembled the
vehicle to identify the owner by secret numbers the plant has
placed in the car.
vi) If the owner has been identified by this method and by going
through the records in the office of the company, contact the
owner, bring him to the office and follow the procedure above.
vii) Interview the possessor as to the person(s) from whom he ac-
quired the motor vehicle recovered from him.
viii) Trace this person(s) for questioning and investigation.
ix) If suspect(s) have been arrested, question them regarding the five
“W’s” and one “H” not only regarding the recovered car but also
past robberies or thefts committed by them; question them also on
their knowledge of other carnappers and gangs of carnappers
their areas of operation, physical description, names, aliases,
hangouts, residence, etc.
x) Check the records of arrested suspects.
 b) Driver (attitude or behavior)
Chapter 27 c) Vehicular malfunctions.
MOTOR VEHICLE ACCIDENT d) Road conditions.
INVESTIGATION (Major Accidents) e) Road hazards.
f) Perception factors.

A. Traffic Accident Investigation 8. Preliminary Actions.

a) When the officer receive the call:
1. Traffic Accident Investigation. Determine WHAT happened, WHO was (i) When and where the accident occurred.
involved, HOW and WHY the accident occurred, and WHERE it happened. (ii) How serious were the injuries.
2. What is Traffic Accident? It is an occurrence in a sequence of events (iii) Need for ambulance and other equipment.
which usually produces unintended injury, death, or property damage. (iv) Name and address of the person reporting. He may be an impor-
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on tant witness.
a trafficway – the ordinary collision between automobiles on a street, road or
highway.
4. Motor VehicleNonTraffic Accident. Any motor vehicle accident which oc-
curs entirely at any place other than a trafficway - an automobile accident
on a farm or along a private driveway or thoroughfare.
5. NonMotor Vehicle Traffic Accident. Traffic accident occurring on a traf-
ficway, involving a person using the trafficway for travel or transportation, but
not involving a motor vehicle in motion collision between a pedestrian and
bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that results in unintended injury or
property damage attributable directly or indirectly to the motion of motor ve-
hicle or its load. Include are accidental injury from inhalation of exhaust gas-
fire explosion, discharge of firearm within the motor vehicle when due to mo-
tion of the vehicle, any collision between a motor vehicle and a railroad train.
Excluded are collision of motor vehicle with an aircraft or watercraft in mo-
tion, injury or damage due to cataclysm, and injury or damage due to cata-
clysm.
7. Direct Causes of Vehicular Traffic Accident.

a) Speed.
 (v) Who witnessed the accident? (vi) Identify evidence regarding the behavior –of individual drivers.
(vi) Is there a traffic block? (vii) Determine the responsibility of BOTH drivers.
(vii) Arrange for help, if need- e.g., firetrucks, etc.
e) Locate drivers and witnesses.
b) Drive safely in going to the accident scene. Be alert for cars leaving the (i) Get driver’s license.
scene. It might turn out to be a hit-and-run case. (ii) Get the names and other details concerning persons who might
have witnessed the accident. Start with the ones who appear to
9. Duty of a Police Officer in Time of the Traffic Accident. know something of the accident.
(iii) If the drivers are at the scene of the accident, make it a point to
a) Protect life and property. separate them
(i) Render whatever aid is necessary to the injured persons.
(ii) Take steps to prevent further destruction (like fire and other haz-
ards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names of persons present. In case of loss of property
belonging to the injured or dead, you may need these persons to
protect the good name of the PNP.

b) Protect the accident scene.

(i) Prevent physical evidence from being lost or destroyed.
(ii) Photographs should be taken before the physical evidence s re-
moved.
(iii) First things first. Location and position can be marked off first and
measurements taken later.

c) Protect other properties.

d) Determine the cause of the accident.
(i) Determine why it had occurred.
(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusions derived from physical evidence.
 f) Interview drivers and witnesses.
(i) Conduct each interview separately. 1. Skidmarks as Evidence in Accident Cases.
(ii) Do not make conclusions as to responsibility in the presence of This is useful several ways other than as identification of the vehicle’s
drivers and witnesses. speed.
(iii) Be alert for switches between driver and passenger. a) It will show if the vehicle was traveling in the wrong direction of on the
wrong side of the road.
g) Take measurements, and make diagrams and sketches. b) It will indicate if the driver failed to observe the right of way.
h) Identify the precise location where the accident occurred. c) It will also show if the driver did not obey a traffic signal.
i) Obtain equipment to remove damaged vehicle.
j) Evaluate physical evidence. 2. Procedure Followed by the PNP.
k) Check the road and vehicle conditions. a) The officer submits as evidence in a case the measurements of the skid-
(i) Carefully examine road signs, signals, marking and other traffic marks and the Court interprets the facts in the light of other evidence.
control devices. (i) Some courts require the assistance of an experts.
(ii) Examine all moving parts of the vehicle.

l) Make conclusions on the validity of statements.

m) After leaving the accident scene.
(i) Interview the injured at the hospital.
(ii) Get the medical report of the injured persons.
(iii) Steps should be started to notify the relatives of all injured per-
sons.

n) Action against violators.

(i) Re-examine and asses the evidence.
(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior officers in as-
sessing evidence and deciding on the most appropriate course of
action.

o) Initiate action on the evidence and file the charge.

p) Prepare the report.

B. Calculating Speeds From Skidmarks

 (ii) Measurement should be accomplished by two men. 6. Skidmarks.
(iii) Sketches and photographs with measurement indicated should The sudden application of brakes which results in the locked wheel con-
be made soon after the accident. dition places such a great pressure between the brake shoe and the brake
drum that frictional force at this point becomes greater than the frictional
b) Some Police Departments have their officers skid a vehicle to a stop force between the tire and the road surface. When this condition exist, the
from the legal speed limit, if this can be done safely, and compare the wheels skids.
skidmarks with those in the accident.
c) Some would draw conclusions from tests based on physical calculation. 7. Coefficient of Friction – Drag Factor.
It is the measurement of the maximum frictional resistance of pave-
3. Measurement of Skidmarks. ments. It is equal to the force exerted when the wheels are skidding divided
a) Should meet legal standards. Officers measuring the skidmarks and the by the weight of the car.
distances to enbankment or other fixed construction should verify each PS = Test speed squared
other’s measurements so that they can corroborate each other’s testi- 30 x braking distance
mony in court.
b) Evidence should be presented to show that the skidmarks were made by
the suspect car.
c) Witnesses should testify in court.

4. Basic Principle in Calculating Speeds from skidmarks.

Energy and vehicle speeds. As automobile moving any speed pos-
sesses energy . As the speed of the vehicle increase, the resulting energy
ratio of the increase as the square of the ratio of the increase in speed.
Examples:
20 kph = 40
30 kph = 90
40 kph = 160

5. Stopping a Motor Vehicles.

Whenever a moving vehicle is stopped, the energy which it possesses at
that time must be expended or spent. It is only when most or all of the vehi -
cle’s energy is expended through skidding of tire that a vehicle’s accurate
calculation may be made of the vehicle’s speed before the accident.
 h) Generally, it is advisable to conduct two or three test at the selected
Where “30” is the gravitational constant in miles per hour. (Transforma- speed. The test producing the longest braking distance, that which fa-
tion of feet per second to miles per hour.) vors the defendant most, is generally used in the calculation.
i) To avoid possible differences in the application of brakes by the driver, it
8. Reaction Time. may be advisable to have the driver of the accident vehicle drive the car
in the test run.
This is the distance traveled before applying the brakes.
a) Divide seconds in an hour (3,600) into feet in a mile (5,280) = 1.467. 10. Speed Calculations.
b) To determine distance you will travel in one second, 1.467 (1.467 or a) When a vehicle is stopped solely by skidding, it is possible to calculate
1.5) times the speed at which you are traveling. the speed of the vehicle at the beginning of the skid by using the formula
c) Time to get foot off the accelerator and slam it on the brakes is ¾ of a based on the principle that the skidding or braking distances vary as the
second on the average. The age of the driver should be considered. square of the speed:
d) 1.5 x speed = length in feet covered before brake works for you.

9. Test Runs.

In making calculations for speed s from skidmarks, it is often necessary to

conduct one or more test runs, using the vehicle involved in the accident or,
if it cannot be driven, another vehicle of similar characteristics may be used.
a) Conditions should be the same as those existing when the accident oc-
curred. The character of the road, whether wet or dry, should be the
same,
b) Conduct tests on the same road surface and in the same direction.
c) The vehicles speedometer should be checked, and any difference from
accurate calibrations should be noted.
d) A speed consistent with safety, such as 20 or 30 miles per hour, should
be selected for the test run.
e) Brakers should be applied suddenly and as hard as possible when the
car is moving at the selected test speed.
f) The length of each skidmark should be measured.
g) If a brake detonator is available, the total braking distance should be ac-
curately determined using such equipment, either mechanically or elec-
trically operated.
 S2 m (Unknown speed) = D (Average of accident speed)
S2 d (Test braking distance)

Illustration:

S2 = 82.5
302 32

S2 = 900 x 82.5
32

S =  900 x 82.5
32

= 48.2

Minimum accident speed is equal to the speed of the car in the test run
times the square root of the number obtained by dividing the average of the ac-
cident skidmarks by the total braking distance in the test run.
 f) Insurance or financial reason.
Chapter 28 g) Driver who flees in panic.
HIT-AND-RUN h) Drug addicts.
ACCIDENT INVESTIGATION i) Juveniles.

3. Preliminary Steps.
1. Elements of Hit-and-Run. a) (Refer to checklist on Accident Investigation)
b) Obtain the best possible description of the car and driver.
a) You must prove suspect was driving the vehicle at the time of the acci- (i) A good description may be obtained from partial description given
dent. Even if you have witnesses to prove this, get evidence to disprove by witnesses.
his alibi. (ii) Get the license plate and any unusual features of the vehicle.
b) Suspect was involved in an accident resulting in death, personal injury (iii) Concentrate on the car’s description first.
or damage to property.
c) Suspect failed to stop, give aid or information as to his identity to other
person(s) involved, to police or to anyone at the accident scene; or failed
to take reasonable steps to notify the owner of damaged property other
than a vehicle. Do not overlook the possibility of a simulated second ac-
cident to explain damage caused by the first accident.
d) Suspect had knowledge of the accident.
(i) Physical evidence may prove the vehicle figured in the accident.
(ii) Extent of damage to vehicle would preclude allegation of lack of
knowledge. If suspect refrained from using his vehicle for several
days since the accident, this would also indicate guilt.
(iii) Guard against claims that the vehicle was stolen to evade respon-
sibility.

2. Classes of Hit-and-Run Drivers.

a) Drunk drivers.
b) Criminal fleeing from the scene of the crime.
c) Improperly licensed drivers, or drivers with no license or with revoked or
expired license.
d) Drivers who fear publicity and prosecution.
e) Ignorance of the accident.
 (iv) Dispatch initial description and all subsequent information to the c) Return to the accident scene at the same time on subsequent days and
Headquarters and to police agencies that may assist in spotting on the same day of the following weeks to obtain additional witnesses
and stopping the suspect vehicle. such as delivery men operating on scheduled routes.
(v) Broadcast descriptions of the suspect car and driver to all police d) Follow up phone calls to garage and dealers of auto parts.
units and offices. e) Continue appealing for information through the press, radio and TV.
(vi) Try to determine the damage to the fleeing car.
5. Search for Suspect Car.
c) Appeal for information through local newspapers, radio, TV, etc. a) Look for physical evidence, such as latent fingerprints, pieces of cloth-
d) Carefully search the hit-and-ruin scene for physical evidence. ing, marks, damaged parts, dirt, hair, blood, etc. which will identify the
(i) These may include broken glasses and fragments, hubcaps, paint car as that involved in the hit-and-run accident.
scrapping from hit-and-run car, other evidence such as dirt from b) Search the undercarriage of the suspect car. Determine also if there is
subject car, radiator ornament, etc. indication of disturbance in the grease or dirt adhering to it.
(ii) Carefully preserve and label all evidence found at the scene. c) Make a careful investigation for replaced parts.
(iii) Request laboratory study of evidence (Refer to Scientific Aids in
Criminal Investigation).
(iv) Watch out for the possible return of the hit-and-run driver to the
scene of the accident. This has been known to happen.

e) The victim.
(i) Check his clothing; other parts of his body; tire marks, grease,
paint chips, fragments, and such things that might have been on
him by the suspect car.
(ii) If the victim is killed, get sample of uncontaminated blood from
him at the morgue and samples of hair, skin, etc.
(iii) Collect and preserve for laboratory examination the clothes, shoed
and other items he was wearing at the time of the accident.

4. Follow-up Investigation.
a) Interview persons along the route taken by the hit-and-run driver; also
operators of filling stations and garages.
b) Canvass parking lots and other filling stations and garages.
6. Interview of Suspects.
a) Obtain a signed statement if you can.
b) Get a full account of suspect’s whereabouts and write it down just in case
he refutes it later.
c) Approach and apprehend the driver of the suspect car as soon as his
identity and whereabouts are ascertained.
d) Place the driver in a defensive position by properly directed questions
upon approach.
 6. The notary public or administering officer who notarized the application.
Chapter 29 7. Record check the name of the travel agent who filed the application.
PASSPORT AND VISA RACKET 8. Check with the BTTI Licensing Section DFA Whether or not the travel
INVESTIGATION agency is licensed or blacklisted.
9. Secure certifications:
Passport and Visa Racket Investigation 10. Get the Sworn statement of the applicant.
a) Did he/she personally fill up the application for passport and visa?
1. Gather documents before conducting a formal interview of subject(s). b) Did he personally appear for interview at the U.S. Embassy, etc?
a) Passport on file with the records Section, Passport and Visa Division, c) Get the official receipts issued by the travel agent or agency which filed
Consular Affairs Office. the application.
(i) Checklist for processing application. d) Did he/she personally furnish the supporting documents to the applica-
(ii) Passport application (F.A Form 1) tion?
(iii) Information sheet of passport applicant.
(iv) Sworn statement for passport application.

b) Supporting documents.
(i) Birth certificate or certificate of loss together with birth affidavit.
(ii) Marriage contract.
(iii) Income Tax Returns.
(iv) Affidavit of support.
(v) Other relevant papers.

2. Determine from the checklist the DFA Officer who processed the application
and the person who filed the same (whether the applicant himself or the
travel agent).

3. Determine the travel agent who filed the application of the agency for which
the travel agent works. NOTE: SOP of DFA requires the stamp of the
travel agency and the name of the travel agent to appear on the upper right
hard corner of the application for passport.
4. The name of the witnesses who attested that the statements of the applicant
are true.
5. Who identified the affiant?
 e) Other pertinent matters you believe materials to your investigation, espe-
cially those relative to the identification of subject, and the extent of in-
volvement of other persons in the case.

11. Gather documentary evidence linking subject to the falsification of the pass-
port or visa, such as receipts, etc.
12. Document or reduce in writing statements of persons whose testimonies are
needed to complete the picture of the case.

13. Submit to the Questioned Documents Division all documents which were fal-
sified together with specimen standards gathered. NOTE: If signatures
are forgeries, get certification to this effect.

14. Submit to the Chemistry Division the passport and visa to determine the al-
leged alterations or falsifications.

15. Subpoena for interview the travel agent who filed the application. (This is a
very important phase of the investigation.)

16. Follow up new leads that might have been disclosed by the travel agent.
 c) Check whether or not the employment agency is registered with the
Chapter 30 POEA.
FAKE OVERSEAS (i) If it is, get a certified copy of the POEA Licensed/Authority and
EMPLOYMENT RACKET other pertinent papers.
(ii) If not registered, get a certificate to this effect.
(iii) Secure a statement may be that the offender undertakes any ac-
1. Modus Operandi. tivity within the meaning of recruitment/placement as defined in
a) Office location such as room number, building, street and place. Usually, Article 13 (b) of the Labor Code (i.e., any act of cavassing, en-
the racket is conducted in a presentable office to lure prospective inno- listing, contracting, transporting, utilizing, hiring or procuring work-
cent victims. ers, and includes referrals, contracts services, promising or adver-
b) Application forms filled up by victims. tising for employment, locally or abroad, whether for profit or not;
c) Fees charged allegedly for: Provided, That any persons or entity which, in any manner, offers
(i) Management service. or promise for a fee employment to two or
(ii) Passport.
(iii) Performance bonds.
(iv) Processing of papers.
(v) Settlement fees.
(vi) Incident expenses.

d) Usually, official receipts are issued.

e) Also, lucrative employment is offered.
f) Complainant filed by victims.
g) Deployment of workers through tourist schemes but with a hidden
agenda of employment. This can be done through their illegal foreign
employers.
h) Illegal use of the name of a licensed recruitment recruitment agency as
front. They usually use fake authorizations to recruit overseas workers.
i) House-to-house recruitment, particularly in provinces.

2. Investigative Procedure.
a) Take the sworn statement(s) of complainant(s) and the witness(es), if
any.
b) Get any receipts issued to them.
(iv) more persons shall be deemed engaged in recruitment and place- [10] To become an officer or member of the Board of any corpora-
ment), or any Prohibited Practise under Aricle 34 of the Code: tion engaged in travel agency or to be engaged directly or indi-
[1] To change or accept, directly or indirectly, any amount greater rectly in the management of a travel agency;
than that specified in the schedule of allowable fees prescribed by [11] To withhold or deny travel documents from applicant workers
the Secretary of Labor, or to make a worker pay any amount before departure for monetary or financial consideration other
greater than actually received by him as a loan or advance. than those authorized under this code and its implementing rules
[2] To furnish or publish any false notice or information or docu- and regulations.
ment in relation to recruitment or employment;
[3] To give any false notice, testimony, information or document or d) Check whether or not the employment agency is duly licensed by the
commit any act of misrepresentation for the purpose of securing a POEA.
license or authority under this code; (i) In the affirmative, secure a certificate to this effect.
[4] To induce or to attempt to induce a worker already employed (ii) In the negative, it is advisable to send an undercover investigator
to quit his employment in order to offer him to another unless the to pose as applicant.
transfer is designed to liberate the worker from oppressive terms He should know:
and condition of employment;
[5] To influence or to attempt to influence any person or entity not
to employ any worker who has not applied for employment
through his agency;
[6] To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the Republic
of the Philippines;
[7] To obstruct or attempt to obstruct inspection by the Secretary
of Labor or by his duly authorized representatives;
[8] To fail to file or alter employment, placement vacancies, remit-
tance of foreign exchange earnings, separations, from jobs, de-
partures and such other matters or information as may be required
by the Secretary of Labor;
[9] To substitute or alter employment contracts approved and ver-
ified by the department of Labor from the time of actual signing
thereof by the parties up to and including the periods of expiration
of the same without the approval of the Secretary of Labor.
 - The officials and employees of the agency. n) If bail is fixed during inquest, bring subjects to jail for temporary confine-
- Their claims and representations to job applicants. ment until they are turned over to the city jail or other local or provincial
- The requirements and particular facilities used. jails. This should be done immediately.
o) Should the inquest Prosecutor return the letter of transmittal with enclo-
e) record check the employment agency, its officials and employees, for sure during the inquest, file the case first thing in the morning of the fol-
any outstanding warrant of arrest; or for any derogatory or relevant infor- lowing day.
mation.
f) Apply for search warrant. The undercover man or one of the victims may
be a witnesses.
g) Request the official photographer to accompany the investigators serving
the search warrant.
h) Take pictures of any signboard advertisements of the employment
agency and its officials and employees present during the raid.
i) Bring the seized articles and documents to the investigating office.
Seized articles and documents may be surrendered, duly receipted, to
the Records and Evidence Section. If too bulky, they must be kept in se-
cure place, locked and preserved from loss.
j) Return the search warrant as soon as possible. Usually, the return is
made with a petition for retention of the articles and documents seized.
k) Bring officials and employees of the agency to the investigating office for
investigation, fingerprinting, and the standard front and side-view photo-
graphs. Take their sworn statement, if they are willing.
l) Prepare the letter of transmittal to the prosecutor having jurisdiction over
the case. To be attached as annexes are:
(i) Sworn statement taken.
(ii) Certificate from the POEA c/o the Anti Illegal Recruitment Branch.
(iii) Booking sheets and arrest reports.
(iv) Copy and return of search warrant.
(v) Receipts of payment made by applicants.

m) Bring subjects to Inquest Prosecutor.

 i) Identify the dead.
Chapter 31
DISASTERS – IDENTIFICATION 3. Necessity for positive Identification of Deceased.
PROBLEMS a) Legal settlement of estates.
b) Insurance policies.
c) Business relationships.
1. Introduction. d) Remarriage of survivors.
When a disaster occurs, a tremendous responsibility is immediately vested e) Objective of identification work.
on the law enforcement officer to perform many task. A disaster is usually is
a situation that strikes suddenly and is totally unexpected. It consisted of a
single event or a series of event or a series of events that may be brought
on by the work of the elements of through some man-made accident.
a) Disaster – A great natural catastrophe or an extraordinary accident
which plunges scores people into helplessness and suffering and is the
cause for unusual and superhuman police activity.
b) Service to the Public – The public expects the law enforcement officer
to take immediately and decisive action0, and the community will be se-
verely critical if this is not immediately forthcoming. The public expects
the law enforcement officer to live up to the paramount traditions of out-
standing courage and unselfish devotion to duty for the protection of hu-
man lives, minimizing property losses and alleviating human suffering.
c) Types of disaster -- Fires, explosions, floods, volcanic eruptions, earth-
quake, and transportation accidents.

2. Specific Police Duties:

a) Organize and direct the community’s efforts to restore order out of chaos.
b) Direct rescue operations.
c) Supervise evacuation where necessary.
d) Seal off and isolate the scene.
e) Patrol the area and protect property.
f) Establish communications.
g) Control traffic and curious persons.
h) Reunite broken families.
 7. Preliminary Body Examinations.
4. Organization of Disaster Identification Teams. a) Physical Characteristics – Teeth for dental work; operation and other
a) Who is in charge? When several agencies (like NDCC or task force) scars; deformed legs, arms or fingers; amputations; color of hair and
agree to work together, they may also agree on this question. eyes; race; approximately height and height; age; tattoos and any other
b) Expert assistance is required. Other help will be needed, the number identifying characteristic. Jewelry and pocketbook contents are most im-
and type of persons depending on the magnitude of each problem. Ex- portant.
pert assistance is required. Other help will be needed, the number and b) Fingerprinting -- The most positive, reliable and infallible of identification
type of persons depending on the magnitude of each problem. Expert is through fingerprinting.
assistance may be required in a number of field, including morticians, c) Jewelry and pocket contents help in the identification of victims.
doctors , dentists, pathologist and identification specialist able to employ d) Clothing also helps in the identification of victims.
special fingerprint techniques.
8. Morgue Administration.
5. Recovery of Bodies. a) Preservation of remains.
a) Special equpment. In the rescue process, special equipment, such as b) Body segregation.
bulldozers, craes, boats, etc, may be needed to recover the dead.
b) Records the location of the body. When a victim is found, the exact
place of recovery should be indicated and the body tagged and num-
bered.
c) Body tag number. Fingerprint card must correspond to the tag number of
the body from which the prints were taken.
d) Personal effects should be placed in a container and properly identified
as to the place of recovery and the body number, and kept with the body.
If there is any question concerning them, they should be handled as sep-
arate items.

6. Centralized Receiving Morgue.

a) Litters and body covers, cadaver bag, blanket or sheet are needed.
b) Location and size of morgue. The morgue should be readily accessible
to the scene of the disaster and be able to accommodate a large num-
ber of persons who will later require access.
c) The master numerical log should be established upon arrival of the body
at the morgue.
 c) Body case file. – Description of body and clothing fingerprint card, list of
personal effects, photographs taken, dental chart and detailed results of
medical examination or autopsies.
d) Missing Person Case File. Compare this with the Body Case File.

9. Establishing Positive Identity.

a) Comparison of Missing person data with recorded body observations.
b) Death certificate and release of body. Authorities should be most reluc-
tant to issue death certificates until all doubts have been resolved.

10. Special Problems:

a) Communications.
b) Temporary morgue equipment.
c) Relief of personnel.
d) Public relations.

11. Importance of Fingerprinting.

a) The best means of identification.

b) Special fingerprint techniques.