TABLE OFCONTENTS CHAPTER I – GENERAL PRINCIPLES OF INVESTIGATION Investigation Defined Tools of an Investigator in Gathering Facts Phases of investigations Standard Methods of Recording Investigative Data Scientific Examination of Real Evidence Investigator’s Notebook Interview Custodial Investigation/ Interrogation
CHAPTER II – ARRESTS, RAIDS, SEARCH, SEIZURE & INQUEST PROCEDURES A. Arrest Arrest Defined Who are Exempt from Arrest Duty of Arresting Officer Techniques in Making Arrest Life of a Warrant of Arrest When Arrest may be Legally Effected Planning the Arrest Who may Execute Arrest How to Effect Arrest Territorial Effectivity of a Warrant of Arrest Duty of Person Making an Arrest Without a Warrant Periods Within Which Person Arrested Without A Warrant Should be Charged in the Proper Forum Right of Attorney or Relative to Visit Person Arrested Medical Examination of Arrested Person/Suspect Summoning Assistance for Arrest Right of Person Arrested (Miranda Doctrine) B. Search and Seizures Search Defined Search Warrant Defined Items to be seized Requirements for the issuance of Search Warrant Procedure in Serving a Search Warrant Lawful Warrantless Searches and Seizures Search of Person Arrested Types of Searches Method of Restraint Handcuffs Transporting a Prisoner C. Raids Raid Defined Objectives Factors Affecting Success or Effectiveness of Raid Composition of a Raiding Party Duties of Goin-In Detail or Entering Party Undertakings Planning the Raid Raid Operation Coordination With Local Station Commander Dont’s in Raid Disposition of Seized Items Item to be Seized and Disposition of Seized items Mugshots and Fingerprint Accomplishment of National Crime Reporting system (NCRS) Reports on Arrested Persons D. Inquest Concept Commencement and Termination of Inquest 1
Inquest Procedure
CHAPTER III – GENERAL INVESTIGATION PROCEDURES AND TECHNIQUES TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY A. PROCEDURE AT THE CRIME SCENE Arrival at the Crime Scene Recording Searching for Evidence Collecting of Evidence Removal of Evidence Tagging of Evidence Evaluation of Evidence Preservation of Evidence Releasing of Evidence Sketching Crime Scene SOCO Team Procedural Checklist B. INTERVIEW AND INTERROGATION Interview Interview Defined Importance of Interview Planning the Interview Preparation of the Interview Questioning Techniques Interrogation Interrogation Defined Purpose Techniques Types of Offenders and Approaches to be used in Dealing with them Interrogation of Suspect Whose Guilt is Definite or Reasonably Certain Interrogation of Suspect Whose Guilt is Uncertain General Suggestions Regarding the Interrogation of Suspects Interrogation of Witnesses and Other Prospective Informants C. DEVELOPMENT AND CONTROL OF INFORMANTS Informant Defined Need of Informants Where to Find Informants How to Develop Informants Use of Informants D. UNDERCOVER INVESTIGATION Preparation of Undercover Work Factors to consider General and Specific Qualifications Authority for Undercover Operations Background or cover Story Role of Undercover Operative Reminders to the Undercover Operative E. SURVEILLANCE In General Definition Objectives of Surveillance Shadowing of Trailing Tactics Note “Roping” Arrest of Undercover Agent Preparation and Supervision of Discreet Surveillance
CHAPTER IV – SPECIAL INVESTIGATION 2
Specific Types of Operations (evidence needed, procedure & checklist) Women and Children Concern Office (WACCO) A. RESCUE OF MINORS Applicable Laws Investigative Procedure Common Problems B. SEX CRIMES Preliminary Note Salient Principles of Sex Crimes The Sex Crime Investigator Analysis and Evaluation of Every Complaint Investigative Techniques C. NARCOTICS CONTROL AND INVESTIGATION The Violators The Persons of Importance The Things of Importance Prohibited Drugs Regulated Drugs Field Tests Narcotics Death Investigation D. INVESTIGATION OF GRAFT AND CORRUPT PRACTICES CASES Preliminary Statement Investigation of Unexplained Wealth Formula in Establishing the Case When is there Illegal Enrichment of Office Investigation of Corrupt Practices Investigation of Cases Re Prohibition on Certain Persons Investigation of Cases Re Failure to File Statement of Assets and Liabilities E. INVESTIGATION OF CASES OF FALSIFICATION Acts of Constituting Falsification Specimen of Standard Writings F. HOMICIDE (GENERIC) INVESTIGATION Place of Importance Times of Importance Persons of Importance Things of Importance Terms Encountered in Homicide Time of Death Estimates in Homicide Investigation Basic Outline for Homicide Investigation Handling the Suspect Body and Post-Mortem Follow-up Investigation Court Preparation G. INVESTIGATION OF KIDNAPPING FOR RANSOM Precautions When Demand for Ransom is Made by Telephone Kidnap Call report When Demand is in Writing When Contact is Made with Kidnappers Agreement Re Amount, Place, Manner of Delivery of Ransom Money If Victim has been Returned Kidnap Victim’s Conduct H. ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION Estafa and Bouncing Checks Elements of Estafa Estafa through Issuance of Postdating of Checks 3
Without Funds The Bouncing Check Law I. ARSON INVESTIGATION Arson Investigation Law and Jurisprudence Preliminary Investigation Questioning Principal Suspects Motives Reporting Arson Investigation Preliminary Report Final Report J. INVESTIGATION OF BOMBINGS Preliminary Remarks Interview and Interrogation Follow-up Police Activity Motive Guide to Explosives Investigation Safety Precautions for the Handling of Home-Made Bombs Preliminary Statement Initial Steps Control Action Disposal Moving the Bomb Types of Explosives Used in the Construction of Home-Made Bombs K. ROBBERY AND THEFT OF MOTOR VEHICLES Robbery (Hold-up) Theft and Robbery with Force Upon Things Carnapping (Qualified Theft of Motor Vehicles Follow-up Investigation PNP-SOP on Reporting and Disposition of Stolen and Recovered/ Impounded Motor Vehicles CIDG-SOP Recovery of Stolen and Abandoned Motor Vehicles L. PASSPORT AND VISA RACKET INVESTIGATION Pertinent Provision of the Laws, PDs, Memos and Circulars Modus Operandi Common Problems Encountered M. FAKE OVERSEAS EMPLOYMENT PROBLEMS Pertinent Provision of the Laws, PDs, Memos & Circulars Modus Operandi Common Problems Encountered N. DISASTERS-IDENTIFICATIONS PROBLEMS Introduction Specific Police Duties Necessity for Positive Identification of Deceases Organization of Disaster identification Team Recovery of Bodies Centralized Receiving Morgue Preliminary Body Examination Morgue Administration Establishing Positive Identity Special Problems Importance of Fingerprinting O. ANTI-SMUT OPERATIONS Applicable Laws Investigative Procedures Decide Cases P. INTELLECTUAL PROPERTY RIGHTS (IPR) 4
Applicable Laws Investigative Procedures Q. OTHER SPECIAL LAWS
CHAPTER V – ORGANIZED CRIMES A. DEFINITION B. PROCEDURE AND TECHNIQUES a. Intelligence Build-up b. Case Build-up c. Negation Phase CHAPTER VI – SELECTED SUPREME COURT RULINGS, DOCTRINESAND JURISPRUDENCE A. BILL OF RIGHTS Probable Cause Particularity of Description Exclusionary Rule Person Protected/Custodial Investigation Right to Counsel Coerced Confessions and Admissions Right to Bail Distinction between Life Imprisonment B. WARRANTLESS ARREST When right is voluntarily waived as an incident to lawful arrest Search of vessels and aircraft in violation of immigration and customs laws Searches of automobiles at borders for violation of immigration and smuggling laws Inspection of buildings/etc., for the enforcement of fire, sanitary and building regulations In plain view doctrine Area target zoning and saturation drives a valid exercises of police powers of the President Under urgency and exigency situations APPENDICES: A. LAWS, STATUTES B. REPORT FORMATS C. REFERENCES D. GLOSSARY
CHAPTER I GENERAL PRINCIPLES OF INVESTIGATION 1. Investigation Defined – The collection of facts to accomplish a threefold aim: a. to identify the guilty party; b. to locate the guilty party; and c. to provide evidence of his guilt. In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: what specific offense has been committed; 5
how the offense was committed; who committed it; where the offense was committed; when it was committed; and why it was committed. 2. Tools of an Investigator in Gathering Facts: a. Information – Date gathered by an investigator from other persons including the victim himself and from: 1. Public records; 2. Private records; and 3. Modus Operandi file. b. Interrogation – Skillful questioning of hostile witnesses and suspects. c. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. 3. Phases of Investigation: The main objective of police investigator is to gather all facts in order to: a. identify the criminal through (i) Confession; (ii) Eyewitness testimony, (iii) Circumstantial evidence; and (iv) Associate evidence; b. trace and locate the criminal; and c. proved by evidence the guild of the suspects/s. In improving the guild of the accused in court, the fact of the existence of the crime must be established; the defendant must be identified and associated with the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately identified. The proof of guild will depend on the establishment of the essential elements of the crime. The investigator must know by heart the elements of specific crime. 4. Standard Methods of Recording Investigative Data: a. Photographs; b. Sketching crime scenes; c. Written notes (what you have seen or observed); d. Developing and lifting fingerprints found at the crime scene; e. Gathering physical evidence; f. Plaster cast; g. Tape recording of sounds; h. Video tape recording of objects; and i. Written statements of subject(s) and witnesses. 5. Scientific Examination of Real Evidence. a. The Crime Scene Search i. Processing and Securing a Crime Scene – Processing a crime scene includes the application of diligent and careful methods by an investigator/policemen to recognize, identify, preserve and collect fact and items of evidentiary value that may assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime occurred. The processing of the area at the scene includes all direct traces of the crime. And this is determined by the type of crime committed and the place where the act occurred. ii. Protecting the Crime Scene and the Evidence – Successful crimes scene processing depends upon the policeman’s or investigator’s skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; written statements and transcribing verbal statements of witnesses, suspects and marking and preservation of collected physical objects of evidentiary nature. 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 crime scene. 6. Investigator’s Notebook. a. Purpose: Considering the mass of details and the number of cases which in some instances an investigator is handling, it is very possible that he might forget 6
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. Experienced investigators employ a handbook to record the relevant details of the case. During trial, the court allows investigators to consult their notes to refresh their memory. b. Recording Note: The data of the investigation should be recorded in a complete, accurate and legible fashion so that in the event another investigator is required to assume the responsibility for the investigation, he can make intelligent use of the notebook. 7. Interview – is the process of eliciting information from witness and confidential informants. 8. Custodial Investigation/Interrogation. It is the skillful questioning of a suspect or a hostile witness to divulge information on the crime being investigated. It must be remembered, however, that police investigators cannot learn proper Interrogation merely by reading books. The success of interrogation depends on its legality, topic, physical insight and experience. CHAPTER II ARREST, RAID,SEARCH AND SEIZURE & INQUEST PROCEDURES A. ARREST 1. Arrest Defined – Arrest is the taking of a person into custody so he can answer for the commission of an offense. 2. Who are exempt from Arrest? a. Senators or members of the House of Representatives, while Congress is in session, in all offenses punishable by not more than six (6) years imprisonment. b. Diplomatic officials and their domestics. 3. Duty of Arresting Officer. It shall be the duty of the officer executing the warrant without unnecessary delay to arrest the accused and to deliver him to the nearest police station or jail. 4. Techniques in Making Arrest. a. Initial contact with subject. i. Investigator/operative identifies himself in a clear and audible voice. ii. Show identification. iii. Inform the subject that he is under arrest. iv. Consider the possibility that the subject is wanted for another crimes. b. Methods of Arrest: i. With warrant of arrest – the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resist before the officer has opportunity so to inform him or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrants shall be shown to him as soon as practicable. ii. Without a warrant of arrest – The officer shall inform the person to be arrested of his authority and the cause of his arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. c. Investigator’s/operative’s conduct. i. Be natural and pleasant but forceful and aggressive. ii. Dominate the situation. 7
iii. Voice must command authority iv. Demand prompt and absolute obedience. v. Nervousness should be controlled. vi. Avoid acting “tough” as the subject will be the first to detect it. vii. Avoid profanity (this reflects personality weakness). viii. Avoid being reticent or apologetic. ix. Avoid unnecessary conversation. x. Investigator in charge does the talking and gives the commands. 5. Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within the statutory period, remains valid unless recalled by the issuing court, or if the 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) days from its date of issuance. 6. When arrest may be Legally Effected. a. In general, an arrest can be validly effected only upon lawful order of warrant of a competent court or judge. b. Lawful Warrantless Arrest: i. When, in the law enforcer’s presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. 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 committed it. iii. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. iv. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. v. When the arrest is made by a bondsman for the purpose of surrendering the accused. vi. Where the accused released on bail attempts to leave the country without court permission. vii. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of evasion of service of sentence. 7. Planning the Arrest. a. This is responsibility of the chief team leader or officer acting in his absence. b. If the arresting party is composed of two (2) or more members, somebody must be placed in charge, preferably the most experienced. c. Consider the arresting party and covering party. d. Consider protection of innocent bystanders. e. Prevent escape of subject. f. Make a discreet reconnaissance of the area. g. Determine weapons and equipment needed. h. Consider superiority of manpower and firepower. i. Make the plan simple enough to be understood by the least experienced operative/investigator. j. Consider the element of SURPRISE. (Daybreak has proven satisfactory for a number of successful arrest). k. Consider SPEED in the execution of the plan. l. Consider overall coordination. m. Consider concealment or cover that might be available both in effecting the arrest and removing the subject from the building. n. The briefing officer should ask the participants if they have any questions regarding the plan. 8. Who May Execute Arrest. Among others, members of the PNP and the NBI may effect arrests. 9. How to Effect Arrest 8
a. In General. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than is necessary for his detention. (Sec. 2, Rule 113) b. Making the Arrest. i. Use good judgment in connection with the arrest. ii. Assume that the subject is armed and will take your life if given an opportunity. c. Arrest on the Street. i. This should be made from the side or rear when possible. ii. Subject should be forced toward a building iii. Avoid congested areas when possible. d. Arrest at Home, Office or Business Establishment. i. Restrict the subject’s movement. Do not grant request for personal privileges before being searched. ii. Clothing and other things requested should be examined for weapons or items of evidence before turning them over to the subject. 10. Territorial Effectively of a Warrant of Arrest. Warrant of arrest issued by Metropolitan Trial Court, Municipal Trial Courts or Municipal Circuit Trial Courts can be served anywhere in the Philippine without a certification by a judge of the Regional Trial Court. (Supreme Court Circular No. 14, 22 Oct 85.) 11. Duty of Person Making an Arrest Without a Warrant. Any person making an arrest on legal grounds shall, without unnecessary delay and within the time prescribed under Art. 125 of the Revised Penal Code, take the person arrested to the proper court or judge for appropriate action. However, it is not the physical delivery of the arrested person that is required under Art 125 of the RPC, but the filing of an information against the arrested person in the proper court, where the judge has the authority to issue an order of release or of confinement. 12. Periods Within Which Person Arrested Without a Warrant Should be Charged in the Proper Forum. Executive Order No. 272, dated 25 July 1987, amended Article 125 of the Revised Penal Code by extending the period authorized to detain a person prior to delivery to the judicial authority, to wit: six (6) to twelve (12) hours for crimes or offenses punishable with light penalties; nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional penalties; and eighteen (18) to thirty six (36) hours for crimes or offenses punishable with afflictive or capital penalties. 13. Right of Attorney of Relative to Visit Person Arrested. Any member of the bar shall, at the request of the person arrested or of another on his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by any relative of the person arrested to reasonable regulation (Sec. 14, Rule 113) Executive Order No. 155, dated March 1987, amending Republic Act No. 857, penalizes any public officer who deprives a person of his right to counsel. The penalty shall be prison correctional or imprisonment of 6 months and 1 day to 6 years. 14. Medical Examination of Arrested Person/Suspect. Immediately after the arrest of a person ordered arrested by the court, or of a suspect under investigation, he should be subjected to a medical examination. Prior to his release or any change of custody, the suspect should also be medically examined by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area. 15. Summoning Assistance for the Arrest. Any officer making a lawful arrest may verbally summon as many as he deems necessary to aid him in making the arrest. Every person so summoned shall aid him in the making of such arrest when he can render such aid without detriment to himself (Sec 10, ibid) 16. Right of Person Arrested. Republic Act No. 7438 states the right of a person arrested, detained or under custodial investigation. (Appendix A) B. SEARCH 9
1. Search Defined. Search is an examination of an individual’s person, house papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action. 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 a peace officer, commanding him to search for personal property described therein and to bring it before the court. (Sec 1, Rule 126) 3. Item to be Seized. A search warrant may be issued for the search and seizure of the following personal property: a. Property subject of the offense; b. Property stolen of embezzled and other or fruits of the offense and c. Property used or intended to be used for committing an offense. (Sec 2, ibid) 4. Probable Cause Required for Search Warrant. Probable cause means that sufficient facts must be presented to the judge issuing the warrant to convince him that circumstances sufficiently establish the need for the issuance of the warrant. 5. May Things Illegally Seized be Admitted in Evidence? The fruits of an illegal search are inadmissible as evidence. Any evidence obtained in violation of the right of the people against unlawful searches and seizure shall be inadmissible for any purpose in any proceeding. (Sec 3(2), Art. III, 1987 Constitution.) 6. May Articles Not Mentioned in the Searched Warrant be Seized? Generally, articles not included in the search warrant may not be seized. However, articles prohibited by a statute, although not included in the search warrant, may be seized. Thus, if during the progress of a bonafide search for other commodities illegally possessed, whether with search warrant or not, contraband or items declared as illegal per se are discovered, the contraband can be seized. The seizure of goods, the possession of which is forbidden by statute, violates no constitutional right of the accused. 7. How to Serve a Search Warrant. A search warrant must be served within ten (10) days from its date (thereafter, it shall be void) Sec 9, Rule 126) in the following manner: a. The police officer concerned must go to the place indicated in the search warrant and take the things described therein, in the presence of at least one competent witness who is a resident of the neighborhood. If he is refused admittance to the place of search after giving notice of his purpose and authority, he may force himself in to execute the warrant; and if he is detained therein, he may force himself out to liberate himself. (Sec 6, ibid) b. The search must be made at daytime, unless otherwise stated (Sec. 8, ibid) c. The officer seizing the property must issue a detailed receipt of the things seized to the person in whose possession it was found, or in the absence of such person, he must, in the present of at least one witness, leave such receipt in the place where such things was seized. (Sec .10, ibid) i. In compliance with this procedure, it has been standard practice to issue a RECIEPT FOR PROPERTY SEIZED (See Apendix “A”) after a seizure. The receipt is signed by the seizing officer only and two witnesses. Recent Supreme Court decision, however, declare that such receipt when signed by the accused, is in effect an extrajudicial confession of the commission of the offense charge. (People v de las Marinas, G.R. No. 87215, 30 Apr 91; and People v Mauyao, G.R. No. 84525, 6 Apr 92). Consequently, if the accused does not sign such receipt, it may still be used in evidence. Moreover, if the accused DID in fact sign the receipt, but he signed it with the assistance of a lawyer of his choice, that act would constitute a valid waiver of his right against self-incrimination. ii. It must be noted that in the cases cited above, the crime charged is possession of prohibited drugs. Thus, the signature of an accused on the receipt is a declaration against interest and a tacit 10
admission of the crime charged, as mere unexplained possession of prohibited drugs is punishable. The doctrine is therefore not a hard and fast rule as far as the “Receipt for Property Seize” is concerned. If the crime charged is possession of unlicensed firearms, for example, the doctrine would apply. In other cases, it will not apply. iii. Another document which is madder after a search is a CERTIFICATION OF PROPERTY SEIZED (See Appendix “B”). This is signed by the owner of the seized property, and would seem to fall more under the court pronouncement above than the “Receipt for Property Seized” does. d. As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting of the articles should be done by the owner of the house or his authorized representative, or by immediate members of his family, to preclude any suspicion of theft of planting of evidence. 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. (Sec 11, ibid.) 8. Lawful Warrantless Searches and Seizures: a. When there is consent or waiver. To be valid waiver, the right must exist, the owner must be aware of such right, and he must have an intention to relinquish it. b. When evidence to be seized is in “plain view.” The discovery of the evidence must be inadvertent or unintentional. c. Customs search or searches made at airports/seaports in order to collect duties. This warrantless search is allowed due to urgency. d. Search of moving vehicles may be made without a warrant because it would be impracticable to secure a warrant before engaging in “hot pursuit.” e. Routine searches made at or in the interest of national security, such as border checks or checkpoints. f. Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is allowed on grounds of reasonable suspicion. g. Search incidental to a lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant. (Sec 12, Rule 126) 9. Searches of Person Arrested. a. “Probe,” do not “pat.” (A woman operative should be used to search females.) b. The need to handcuff subject(s). Dangerous and violent criminals, as well as escapes from prisons and escapes artists, must be handcuffed. c. Do not stop the search when a weapon is found. d. Look for items which may be used to commit suicide. e. Look for items of evidence. f. Searches should never cross the line of fire. g. Do not talk to subject(s) in the course of the search. h. Do not grant subject’s request to attend to something before, during and immediately after the search. i. In a search by a single officer, have the gun ready with the hand at a distance from the subject. j. Be sure to search every part of the body and clothing. 10. Types of Searches: a. Wall Search. The purpose is to place the subject in an “off-balance” position requiring the use of both arms and legs to keep him from falling to the ground. This is the safest type of search. It does not necessarily require a wall; any object that can support the weight of the subject (such as a car) can be used. The procedures are: i. Require subject to place both hands on the wall slightly higher than his waist. Spread hands as far apart as possible. Palms should be place against the wall, fingers extended.
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ii. The subject’s feet must be extended back away from the wall as far as possible. Spread them far apart as possible , toes pointed out. Buttocks should not be on an arched position. iii. The subject’s head should be down or bowed at all times. iv. Mechanics in executing the “Wall Search”: 1. If there is only one subject, the leader of the search should place himself at one side, while his subordinate is on the other side; 2. To search the other side, the subordinate should move to the opposite side; 3. If there are two or three subjects, move one subject to be searched on the wall, but out of reach of the others; 4. Search both sides of subject, the leader conducting the searches and the subordinate guarding the other subjects; 5. Move one subject at a time; 6. Subject’s head should be down at all times; 7. the subordinate should concentrate on the actions of the subject and not the action of the leader; 8. When there are more than three subjects, additional personnel should be summoned; 9. In serious apprehensions, the searcher should hold his weapon in ready position throughout the search; 10.The body must be searched systematically with the foot of the searcher place tightly against subject’s foot, right with right, left with left, anklebone against anklebone; 11.Remove any object found, then examine the palm of the palm of the hand, including between the fingers. b. Standing Search. i. Raise subjects hand over his head and spread his feet far apart as possible. This is not recommended because the subject is in the “onbalance” position. c. Kneeling Search. i. Subject kneels on the ground with hands raised over his head. 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 balance” position. iii. Front part of clothing cannot be searched. iv. This can extremely dangerous if the subject has knowledge of judo. 11. Method of Restraint: Handcuff. The best method of restraint, if applied properly, is a good preventive measure; but if improperly applied, it could be dangerous. a. How handcuffs are applied: i. Take position directly behind the subject. ii. The handcuff is applied when the subject has place his hand on his back. iii. Do not reach out for the hands of the subject as it will provide him with an opportunity to grasp the hand of the investigator and throw him off –balance. b. When applying handcuffs, give the following orders to the subject and follow this procedure: i. First Order: “Take your right hand off the wall and place it on your back.” Fasten the handcuff to this hand and firmly hold the other handcuff. ii. Second Order. “Move up and put your hand against the wall.” Allow the subject to move closer to the wall, making certain his feet remain back far enough to keep him “off-balance.” iii. Third Order: “Take your other hand off the wall and place it on the small of your back.” Fasten the other handcuff and double-lock both handcuffs. 12
iv. Final Order: “Stand up and face the wall.” Help the subject in doing this. 12. Transporting a Prisoner. a. If transported by jeep, the subject is seated on the right rear seat and police seats at the rear on the left side facing the subject. Secure the hands of the subject under his knees. b. If transported by card, the subject is seated on the left rear seat and the investigator sits on the right rear seat. Hands of the subject should be secured under his knees. C. RAIDS AND SEIZURES 1. Introduction. a. Every member of a law enforcement organization must know the technique of conducting a raid. b. Raids are usually made after careful investigation and when other methods of accomplishing the mission are not suitable. c. Whenever available, men experienced in conducting police raids should be chosen as raid commanders. 2. Raid Defined. A raid is surprise in invasion of a building or area. It is small scale attack of a limited territory. Legal basis. A raid must be legal, having its basis in lawful process and conducted in a legal manner. This will be in the form of a search warrant or warrant of arrest. The raid may be in pursuit of a person reasonably believed to be guilt of felony when it is know that the felony has just been committed. 3. Objectives. The purpose of a raid is usually to: a. Effect an apprehension; b. Obtain evidence of illegal activity by surprising the offenders in fragrante delicto; or c. Recover stolen property. 4. Factors Affecting Success or Effectiveness of a Raid: a. Size of raiding party. b. Speed c. Surprise d. Superiority of arms. e. Simplicity of plan and operation. 5. Composition of a Raiding Party: a. Raid commander, assistant raid commander, covering or surrounding party; b. Going-in detail or entering party; c. In charge of rendering inoperative the subject’s vehicle, if any; d. Recover who should keep an accurate log of the raid, gather evidence, make inventories and testify in court; and e. Photographer. 6. Duties of Covering or Surrounding Party: a. Covers approach of going-in detail or entering party. b. Prevents the escape of criminals c. Covers the entire area of the building. d. Neutralizes fire of barricaded criminals. 7. Duties of Going-In Detail or Entering Party: a. Calls for surrender of criminals. b. Effects arrests. c. Incapacitates and dislodges criminals d. Searches for evidence. 8. Undertakings. As in purely military operations, a raid, to be successful must have the following elements: a. Mission b. Reconnaissance. c. Plans. d. Instructions. e. Orders. 13
f. Execution. 9. Planning the Raid. The success of a raid depends upon intelligent planning and competent implementation. To achieve the necessary element of surprise, the operation must be performed surreptitiously and with speed. a. The terrain and buildings should be subjected to close study. b. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should be conducted. c. The participants should be informed of the nature of the mission. d. The specific assignment and position of each member of the raiding party, the tactics to be employed, the equipment and transportation to be used, the evaluation of possible danger points, and the optimum time to be selected should be stressed. e. Things to consider when planning a raid: i. Need for surveillance. ii. Number of individuals to be apprehended. Are they armed? With what? If uncertain, assume they are armed. iii. Are photographs and descriptions of subjects available for use in the briefing? iv. Determine the physical structure of the place where the criminals are located. v. Determine all possible escape routes. vi. Need to discreetly photograph the place and immediate area vii. Type of neighborhood where the hideout is located. viii. Volume and kind of activities in the neighborhood at various times (to determine the most desirable time to conduct the raid). ix. Street plans of neighborhood for possible road blocks. x. Do the men have confidence in the ability of the raid leader? xi. Consider: . Speed – in moving into position and the execution of the plan. . Surprise – catch subjects off-guard. . Simplicity – plan that is easy to remember and understand; this avoids confusion. xii. Consider the dividing the raiding party into: . Cover group: moves into position on first, covers advance of raiding group and avenues of escape. . Raid group: disarms and restrains subjects, searches premises secures evidences, etc. xiii. Does every member of the raiding groups know the raid plan completely? The identities and duties of all? xiv. What is your move-out plan? xv. What are the instructions concerning the use of firearms? xvi. What are the instructions concerning the possible handling of traffic? xvii. What are the instructions concerning communications, signals, etc.? xviii. Make sure your plan avoid crossfire. xix. Do you have all equipment you might need, such as flashlights, searchlights, vehicles, transceivers, loudspeaker, (public address system), firearms, teargas, etc.? xx. Ask each participants to repeat his duties to the raid leader. 10. Raid Operation. Coordination of individual efforts is an essential element in the success of a raid. The raiding party should act as a team. The members of the team must thoroughly understand the objectives, the plan of action and the orders. Each man should hold his assigned position until his orders are changed by the team leader. Before leaving the headquarters to the target, the team leader must conduct a final briefing of personnel. Assembly of the team at the designated area, should not be too close to the target, they must not show the appearance o a formal gathering. The raiders’ vehicle must be safeguarded to prevent its use by the subjects. Vehicles which belong to the subjects should be rendered inoperative by the simplest available means. Men should be posted, depending on the number to cordon the area to prevent possible escape and restrain people from wandering. In the event that the suspect fails to heed the warning to surrender, entry must be made through one point to avoid mis-encountner. Upon completion of the raid, guards should be designated to protect the property and to observe or apprehend associates of the suspect. Reassembly at a designated place for a final accounting of all members of the raiding team. 14
11. Coordination with the Local Police Station. It is imperative that immediately before the service of a search warrant, the team leader should see to it that proper coordination is made with the commander of local police station having jurisdiction over the target premises. The coordinating party will inform the local station that their team is conducting an operation in 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. 12. Don’ts in a Raid: a. Don’t take unnecessary chances. b. Don’t underestimate the ability or courage of the subject(s). c. Don’t raid when not properly prepared. d. Don’t endanger the lives of bystanders. e. Don’t use raiders not well-acquainted with each other. f. Don’t forget gas masks when employing teargas. g. Don’t be unnecessarily rough on the subject(s) h. Don’t shoot to kill unless very imperative i. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place. 13. Disposition of Seized Items a. The following will be seized at the scene of the raid: i. Weapons which may be used against the raiding party. ii. Articles which might be used as a means of suicide. iii. Articles which might be used in escaping. iv. Articles which might be used in the commission of the crime. v. Proceeds or fruits of the crime (stolen property). b. Disposition of money and other valuable property: i. Money should be counted and the serial number of bills noted. ii. Valuables should be sealed in a property envelope in the presence of the prisoner. iii. Property envelope should show a complete inventory of its contents. iv. The prisoner should initial the outside of the envelope showing approval of its contents. v. Raiding officers should sign their names on the outer part of the envelope. vi. A receipt should be given to the prisoner. However, this qualified by the decision of the Supreme Court declaring a inadmissible in evidence the Receipt for Property Seized, signed by the accuse, in case where mere possession of the items seized is punishable. c. Disposition of articles not covered in a search warrant: i. If the articles are illicit or contraband, the same must be seized. ii. Such articles may be used as evidence to prosecute the person. iii. Non-contraband articles must be returned to the owners or must not be seized in the first place. 14. Mug shots and Fingerprints. Arresting units shall at all times take the mug shots and fingerprints of all arrested persons. Copies thereof shall be submitted to the PNP Crime Laboratory Service to serve as master file. 15. Accomplishment of National Crime Reporting System (NCRS). Operating units concerned shall accomplish regularly the NCRS and all agencies concerned shall be provided with copies thereof. 16. Report on Arrested Persons. All arrests made shall be immediately reported to the C, PNP; AIIN; DO, DIDM; PAOCTF (in case of kidnapping /drugs). D. INQUEST SECTION 1. Concept. – Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. 15
SECTION 2. Designation of Inquest Officer – The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a list of their names and their schedule of assignments. However, there is only one Prosecutor in the area, all inquest cases shall be referred to him for appropriate action. SECTION 3. Commencement and termination of inquest. – The inquest proceedings shall commence upon receipt by the Inquest Officer from the law enforcement authorities of the complaint/referral documents which should include: a. the affidavit of arrest; b. the investigation report; c. the statement of the complainant and witnesses; and d. other supporting evidence gathered by the police in the course of the latter’s investigation of the criminal incident involving the arrested or detained person. The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and statement/affidavit of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. The inquest proceedings must be terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended. Inquest Procedure SECTION 4. Documents required in specific cases – The Inquest Officer shall as far as practicable, require the submission/presentation of the documents listed below, to wit: Murder, Homicide and Parricide a. certified true copy/machine copy of the certificate of death of the victim; and b. necropsy report and the certificated of post-mortem examination, if readily available. Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries a. medical certificate of the complaining witness showing the nature or extent of the injury; b. certification or statement as to duration of the treatment or medical attendance; and c. certificate or statement as to duration of incapacity for work. Violation of the Dangerous Drugs Law (R.A 6425, as amended) a. chemistry report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer. If the foregoing documents are not available, the Inquest Officer may temporarily Rape, Seduction and Forcible Abduction with Rape. b. the medico-legal report (living case report), if the victim submitted herself for medical or physical examination. Violation of the Anti-Carnapping Law (R.A. No. 6539) a. machine copy of the certificate of motor vehicle registration; b. machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and c. other evidence of ownership. Violation of the Anti-Cattle Rustling Law (PD No. 533) a. machine copy of the cattle certificate for registration; and b. photograph of the cattle, if readily available. Violation of Illegal Gambling Law (PD No. 1602) a. gambling paraphernalia; and b. cash money, if any. Illegal Possession of Explosives (PD No. 1866) a. chemistry report duly signed by the forensic chemist; and b. photograph of the explosives, if readily available Violation of the Fisheries Law ( PD No. 704) a. photograph of the confiscated fish, if readily available; and 16
b. certification of the Bureau of Fisheries and Aquatic Resources. Violation of the Forestry Law (PD No. 705) scale sheets containing the volume and species of the forest products confiscated, number of pieces and other important details such as estimated value of the products confiscated; certification of Department of Environment and Natural Resources/ Bureau of Forest Management; and seizure receipt. The submission of the foregoing documents shall not be absolutely required if there are other forms of evidence submitted which will sufficiently establish the facts sought to be proved by the foregoing documents. SECTION 5. Incomplete documents. – When the documents presented are not complete to establish probable cause, the Inquest Officer shall direct the law enforcement agency to submit the required evidence within the prescribed period under the provision of Article 125 of the Revised Penal Code, as amended. Otherwise, the Inquest Officer shall order the release of the detained person and, where the inquest is conducted outside of office hours, direct the law enforcement agency concerned to file the case with the City or Provincial Prosecutor for appropriate action. SECTION 6. Presence of detained person – the present of the detained person who is under custody shall be ensured during the proceedings. However, the production of the detained person before the Inquest Officer may be dispensed with in the following cases: a. if he is confined in a hospital; b. if he is detained in a place under maximum security; c. if production of the detained person will involve security risks; or d. if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors. The absence of the detained person by reason of any of the foregoing factors shall be noted by the Inquest Officer and reflected in the record of the case. SECTION 7. Charges and counter-charges. – All charges and counter-charges arising from the same incident shall, as far as practicable, be consolidated and in quested jointly to avoid contradictory or inconsistent disposition. SECTION 8. Duty of Inquest Officer – The Inquest Officer shall first determine if the arrest of the detained person was made in accordance with paragraphs (a) and (b) of Section 5, Rule 13 of the 1985 Rules on Criminal Procedure, as amended, which provide that arrest without a warrant may be affected: a. when, in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or b. when an offense has in fact just been committed and the arresting officers has personal knowledge of facts indicating that the person to be arrested has committed it. For the purpose, the Inquest Officer may summarily examine the arresting officers on the circumstances surrounding the arrest of apprehension of the detained person. Preliminary Investigation/examination before MTC and MCTC Judges The MTC and MCTC judge can conduct preliminary investigation. And after examining the affidavit of complainant/s together with the witness/es in a searching question and answer the probable cause exist and there is necessity of placing the respondent under immediate custody, he shall issue a warrant of arrest. Within ten (10) days after conclusion of preliminary investigation, he shall transmit to the provincial or city prosecutor for appropriate action. SECTION 9. Where arrest not properly effected. – Should the Inquest Officer find that the arrest was not made in accordance with the Rules, he shall: a. recommend the release of the person arrested or detained; b. note down the disposition on the referral document; c. prepare a brief memorandum indicating the reasons for the action taken; and d. forward the same, together with the record of the case, to the City or Provincial Prosecutor for appropriate action. Where the recommendation 17
for the release of the detained person is approved by the City or Provincial Prosecutor but the evidence on hand warrants the conduct of a regular preliminary investigation, the order of release shall be served on the officer having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary investigation, together with the copies of the charge sheet or complaint, affidavits or sworn statements of the complainant and his witnesses and other supporting evidence. SECTION 10. Where arrest properly effected. – Should the Inquest Officer find that the arrest was properly effected, the detained person shall be asked if he desires to avail himself of a preliminary investigation and, if he does, he shall be made to execute a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and, in case of non-availability of a lawyer, a responsible person of his choice. The preliminary investigation may be conducted by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor, which investigation shall be terminated within fifteen (15) days from inception. SECTION 11. Inquest proper. – Where the detained person does not opt for a preliminary investigation or otherwise refuses to execute the required waiver, the Inquest Officer shall proceed with the inquest by examining the sworn statements/affidavits of the complainant and the witnesses and other supporting evidence submitted to him. If necessary, the Inquest Officer shall require the presence of the complaining witnesses and subject them to an informal and summary investigation or examination for purposes of determining the existence of probable cause. SECTION 12. Meaning of probable cause. -Probable cause exists when the evidence submitted to the Inquest Officer engenders a well-founded belief that a crime has been committed and that the arrested or detained person is probable guilty thereof. SECTION 13. Presence of Probable cause. – If the Inquest Officer finds that probable cause exists, he shall forthwith prepare the corresponding complaint/ information with the recommendation that the same be filed in court. The complaint/information shall indicate the offense committed and the amount of bail recommended, if available. Thereafter, the record of the case, together with the prepared complaint/information, shall be forwarded to the City of Provincial Prosecutor for appropriate action. The complain/information may be filed by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor. SECTION 14. Contents of Information. – The information shall, among others contain: a. certification by the filing Prosecutor that the he is filling the same in accordance with the provisions of Section 7, Rule 112, Rules on Criminal Procedure, in cases cognizable by the Regional Trial Court; b. the full name and aliases, if any, and address of the accused; c. the place where the accused is actually detained; d. the full names and addresses of the complainant and witnesses; e. a detailed description of the recovered items, if any; f. the full name and address of the evidence custodian; g. the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below; and h. the full names and addresses of the parents, custodians or guardians of the minor complainant or accused, as the case may be. SECTION 15. Absence of probable cause. – If the Inquest Officer finds no probable cause, he shall: a. recommend the release of the arrested or detained person; 18
b. note down his disposition on the referral document; c. prepare a brief memorandum indicating the reasons for the action taken; and d. forthwith forward the record of the case to the City Provincial Prosecutor for appropriate action. If the recommendation of the Inquest Officer for the release of the arrested or detained person is approved, the order of release shall be served on the officer having custody of the said detainee. Should the City of Provincial Prosecutor disapproved the recommendation of release, the arrested or detained person shall remain under custody, and the corresponding complaint/information shall be filed by the City or Provincial Prosecutor or by any Assistant Prosecutor to whom the case may be assigned. SECTION 16, Presence at crime scene. – Whenever a dead body is found and there is reason to believe that the death resulted from foul play, or from the unlawful acts or omissions of other persons and such fact has been brought to his attention, the Inquest Officer shall: a. forthwith proceed to the crime scene or place of discovery of the dead person; and b. cause an immediate autopsy to be conducted by the appropriate medico-legal officer in the locality or the PNP medico-legal division or he NBI medico-legal office, as the case may be; c. direct the police investigator to cause the taking of photographs of the crime scene or place of discovery of the dead body; d. supervise the investigation to be conducted by the police authorities as well as the recovery of all articles and piece of evidence found thereat and see to it that the same are safeguarded and the chain of the custody thereof properly recorded; and e. submit a written report of his finding to the City or Provincial Prosecutor for appropriate action. SECTION 17. Sandiganbayan cases. – Should any complaint cognizable by the Sandiganbayan be referred to an Inquest Officer for investigation, the latter shall, after conducting the corresponding inquest proceeding, forthwith forward the complete record to the City or Provincial Prosecutor for appropriate action. SECTION 18. Recovered articles. – The Inquest Officer shall see to it that all articles recovered by the police at the time of the arrest or apprehension of the detained person are physically inventoried, checked and accounted for with the issuance of corresponding receipts by the police officer/investigator concerned. The said articles must be properly deposited with the police evidence custodian and not with the police investigator. Inquest Officer shall ensure that the items recovered are duly safe guarded and the chain of custody is properly recorded. SECTION 19. Release of recovered articles. – The Inquest Officer shall, with the prior approval of the City or Provincial Prosecutor or his duly authorized representative, order the release of recovered articles to their lawful owner or possessor, subject to the conditions that: a. there is a written request for their release; b. the person requesting the release of said articles is shown to be the lawful owner or possessor thereof; c. the requesting party undertakes under oath to produce said articles before the court when so required; d. the requesting party, if he is material witness to the case, affirms or reaffirms his statement concerning the case and undertakes under oath to appear and testify before the court when so required; e. the said articles are not the instruments, or tools in the commission of the offense charged nor the proceeds thereof; and f. photographs of said articles are first taken and duly certified to by the police evidence custodian as accurately representing the evidence in his custody. 19
CHAPTER III GENERAL INVESTIGATIVE PROCEDURES AND TECHNIQUES TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY Proper handling of physical evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based, and to prevent exclusion as evidence in court. Specimens which truly represents the material found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more and better information upon examination. Legal requirements make it necessary to account for all physical pieces of evidence from time its collected until it is presented in court. With these in mind, the following principles should be observed in handling all types of evidence: 1. The evidence should reach the laboratory as much as possible in same condition as when it is found. 2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens. 3. Submit a known or standard specimen for comparison purposes. 4. Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown material. Wrap and seal in individual packages when necessary. 5. Mark or label each of evidence for positive identification as the evidence taken from a particular location in connection with the crime under investigation. 6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain of custody may make the material inadmissible as evidence in court. A. PROCEDURE AT THE CRIME SCENE 1. Upon Arrival at the Crime Scene a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting direction of wind and visibility. b. Secure the crime scene by installing the crime scene tape or rope (police line) c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is still alive or already dead. If the victim is alive the investigator should exert effort to gather information from the victim himself regarding the circumstances of the crime, while a member of the team or someone must call an ambulance from the nearest hospital. After the victim is remove and brought to the hospital for medical attention, measure, sketch and photograph. Only a coronal or a medical examiner shall remove the dead body unless an unusual circumstance justifies its immediate removal. d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene, and permit only this authorize person to enter the same. e. Identify and retain for questioning the person who first notified the police, and other possible witnesses. f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he is still in the vicinity. g. Separate the witnesses in order to get independent statements. 2. Recording. The investigator begins the process of recording pertinent facts and derails of the investigation the moment he arrives at the crime scene. (He should record the time when he was initially notified prior to his arrival). He also writes down the identification of persons involved and what he initially saw. He also draws a basic sketch of the crime scene and takes the initial photographs (if a photographer is 20
available). This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photographs, with proper measurements. 3. Searching for Evidence a. Each crime is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of 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. b. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated, (In the interest of uniformity, it is recommended that the clockwise movement be used.) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value. You should: i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered. ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. iii. Ensure that the item or area where latent fingerprint may be present is closely examined and that action is taken to develop the prints. iv. Carefully protect any impression of evidentiary value in surfaces conductive to making casts or molds. If possible, photograph the impression and make a cast or mold. v. Note stains, spots and pools of liquid within the scene and treat them as evidence. vi. Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to the area in which they are found- for example, matter found under the victim’s fingerprints. vii. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and investigative notes have been completed and the investigator has returned to the point from which the search began. Further search may be necessary after the evidence and the statements obtained have been evaluated. c. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the strip on his left as he faces the scene and then the adjoining strips. d. It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. For example, evidence may 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. e. After completing the search of the scene, the investigator examines the object or person actually attacked by the offender. For example, a ripped safe, a desk drawer that has been pried open or a room from which items has been stolen, would be processed after the remainder of the scene has been examined for traces of the offender. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable 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 examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to enable the policeman/investigator to evaluate all objects of special interest in the light of all other evidence found at the scene. f. Methods of Crime Scene Search/Bond Search. i. Strip Search Method – in this method, the area is blocked out in the form of a rectangle. The three (3) searchers A,B and C proceed slowly at same place along paths parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his discovery and the search must stop until the evidence has been cared for. A photographer is called, if necessary. The evidence is 21
collected and tagged and search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceeds along new lines. ii. The double strip or grid method of search – is a modification of the Strip Search Method. Here, the rectangle is traversed first parallel to the base then parallel to a side. iii. Spiral Search Method – In this method, the three searchers follow each other along the path of a spiral, beginning on the outside and spiraling in toward the center. iv. Zone Search Method – in this method, one searcher is assigned to each subdivision of a quadrant, then each quadrant is cut into another set of quadrants. v. Wheel Search Method – In this method of search, the area is considered to be approximately circular. The searchers gather at the center and proceed outward along radii or spokes. The procedure should be repeated several time depending on the size of the circle and the number of searchers. One shortcoming of this method is the great increase in the area to be observed as the searcher departs from the center. 4. Collecting Evidence. This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should be collected as they found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A corresponding report to the Firearms and Explosive Division (FED) must be made for verification purposes. In the collection, the investigator should touch the evidence only when necessary. 5. Removal of Evidence. a. The investigator places his initials, the date and time of discovery on each item of evidence and the time discovery on each item of evidence for proper identification. b. Items that could not be marked should be placed in a suitable container and sealed. 6. Tagging of Evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian. 7. Evaluation of Evidence. Each item of evidence must be evaluated in relation to all the evidences, individually and collectively. 8. Preservation of Evidence. It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical evidence in the state in which it was recovered/obtained until it is released to the evidence custodian. 9. Releasing the Scene. The scene is not released until all processing has been completed. The release should be effected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed. 10. Sketching Crime Scenes. a. To establish admissibility, the investigator must have personal observation of the data in question. In other words, the sketch must be sponsored or verified. b. REMIDER: Sketches are not a substitute for notes or photos; they are but a supplement to them. c. Types of sketches: . Floor plan or “bird’s-eye view”; . Elevation drawing; . Exploded view; and . Respective drawings. d. Write down all measurements. e. Fill in all the details on your rough sketch at the sketch at the scene. Final sketch may be prepared at the office. f. Keep the rough sketch even when you have completed the final sketch. g. Indicate the North direction with an arrow. h. Draw the final sketch to scale.
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i. Indicate the PLACE in the sketch as well as the person who drew it. Use KEYcapital letters of the alphabet for listing down more or less normal parts or accessories of the place, and numbers for items of evidence. j. Indicate the position, location and relationship of objects. k. Methods or systems of locating points (objects) on sketch: i. Rectangular coordinates. (Measurements at right angles from each of two walls) ii. Coordinates constructed on transecting base line. Choose relatively fixed points for your base line iii. Triangulation. (Measurements made from each of two fixed objects to the point you want to plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary triangles as there are object plotted). l. Critical measurements, such as skid marks, should be checked by two (2) investigators. m. Measurements should be harmony’ or in centimeters, inches, yards, meters, mixed in one sketch. n. Use standard symbols in the sketch. o. Show which way doors swing. p. Show with arrow the direction of stairways. q. Recheck the sketch for clarity, accuracy, scale, title, key. SCENE OF CRIME OPERATION (SOCO) A number of crime incident committed in the country are unsolved and/ or dismissed by trial courts because of insufficiency of evidence. Important pieces of evidence that will provide clue on the suspects/offenders identities can be found in the crime scene. However, those vital evidence in the crime scene are either left out or destroyed by unscrupulous investigators. The physical evidence recovered in the crime scene are critical in the prosecution on the case in court with the advent of new technologies, they could be analyzed scientifically for these purpose. The recovery of physical evidence during investigation of crime scene is the most important task of current law enforcement. In most cases, the material items of evidence and descriptive information collected from the scene of the crime make a big difference in the success and failure of cases in court. The capability of the Crime Laboratory to provide scientific interpretation and information depends on the recognition, recovery and documentation of the evidence in the crime scene. Field investigators work as part of the forensic team as that of laboratory technician. If evidence collected in the crime scene are not properly accomplished, the work of the crime laboratory is impeded and even negated. The recovery of physical evidence during investigation of crime scene is the most important task of current law enforcement. In most cases, the material items evidence and descriptive information collected from the scene of the crime make a big difference in the success and failure of cases in court. Past experience shows that a well-trained team, coordinated and properly equipped, can be of great advantage in effectively and efficiently recovering evidences. Personal knowledge and instinctive actions or institutions are of great help in the solution of the criminal cases. However there in no substitute for the adoption and practice of scientific investigation. The idea of enhancing SOCO is to assist police investigators in terms of scientific approach in investigating criminal cases, specifically heinous ones. A. Composition of SOCO Team The SOCO team is composed of but not limited to the following depending on the nature of the case: 1. Team Leader 2. Assistant Team Leader 3. Photographer and Photographer log recorder 4. Sketcher and Evidence Recorder 5. Evidence Recorder 6. Evidence Recovery Personnel 7. Driver/Security B. Personnel Functions and Responsibility 23
1. Team Leader a. Assume control of the crime scene. Ensure the safety of personnel as well s the victim and offenders caught in the scene and secure the crime scene from kibitzers. b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the place. c. Determine search patterns to be used and designate assignments to evidence gatherer. d. Designate command post location in or near the crime scene and insure exchange of information between searcher and investigator. e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the scene of the crime. f. Ensure that sufficient supplies and equipments are made available for personnel involved in SOCO. g. Control access to the scene and designated personnel. To log persons entering the place and remove Kibitzers in the area. h. Continuously reevaluate efficiency of search ensure and the all places are searched properly. i. Release the crime scene to the investigators handling the case. 2. Assistant Team Leader a. Shall assist the Team Leader in all his functions and responsibilities. b. Assume/takeover the responsibilities of the Team Leader in his absence. 3. Photographer and photographer log recorder: a. Photograph the entire area of the crime scene with overall medium and closeup coverage using appropriate scale. b. Photograph victims, suspects/offenders arrested in the scene. c. Photograph all evidences before collection. d. Photograph all latent Fingerprints impressions before lifting or casting is made. Likewise, photograph blueprints maps and other items. e. Prepare photograph log and photographic sketch. 4. Sketcher: a. Perform all sketches necessary during the crime scene processing 5.Evidence Recorder/Custodian: a. Prepare evidence recovery log and accomplish chain of custody of evidence. b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory. c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer. d. Receive and record all evidence recovered. e. Maintain custody and control of evidence. f. Observe the proper custody of evidence. g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory per agency guidelines. 6. Evidence Recovery Personnel: a. Have significant evidence photograph before it is collected. b. Keep team leader always apprised of significant evidence located. c. Initial and date all evidence and turn it over to the evidence recorder/custodian after noting where the item was located. d. Coordinate evidence nomenclature with evidence recorder/Custodian and sketch prepared. e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including gloves. C. Equipment 1. Basic Equipment a. Crime Scene tape or Rope (Police Line) b. Measuring device e.g. ruler and measuring tape c. Recording materials e.g. chalk, sketcher and paper pad d. Camera with film e. Video camera or tape recorder f. Evidence collection kit g. Flashlight 24
2. Evidence Containers a. String tags-large and small b. Evidence tape or masking tape c. Roll of manila paper for wrapping d. Plastic gallon e. ½ pint bottles/vials-plastic and glass f. ¼ pint bottles /vials-plastic and glass g. Absorbent cottons h. Rolls of Fingerprint tape i. Plastic bags-different sizes j. Paper bags-different sizes 3. Tools a. Pair of scissors b. Knife-heavy duty and folding knife c. Adjustable wrench d. Pliers e. Wire cutter f. Complete Screwdriver set g. Saw h. Hammer i. Ax of hatchet j. Shovel k. Fingerprint magnifier l. Nylon brush m. Magnet n. Spatula o. Box of plaster of Paris for casting or lifting foot marks p. Goggles q. Sifting screen r. Funnels of different sizes s. Weighing scale t. Vernier caliper and micrometer u. Scalpels 4. Evidence Gathering Equipment a. Rubber glove and cotton b. Box of filter c. White cotton sheet d. Cotton balls and swabs e. Fingerprint car, data card and ink cards f. Photo Data Card g. Black and white latent print lifting cards h. Rolls of lifting card i. Complete magna brush kit j. Complete dusting kit k. Heavy duty rubber lifters. l. Camera with no wide angle, normal and macro lens m. Arsons kit n. Casting and molding kit o. Electric engraver 5. Miscellaneous a. Rubber bands b. Pencils, ballpens, pentel pen different color c. Chalks d. Permanent flet marker e. Eraser f. Staple with extra staple g. Assorted paper clip and binders h. Notebooks, paper pads, sketch pads and drawing pads i. Drawing compass j. clippers k. Magnetic directional compass l. Carbon papers and coupon bonds D. THE SOCO Process/Procedures 25
1. Receipt of report/complaint a. The police officer of the police station who first received the report of the incidents shall record the time the report/complaint was made, the identity of the person who made the report, place of the incident and synopsis of the incident. b. The desk officer who received the report shall immediately inform his superior officer or the duty officer regarding the report. c. The duty officer or COP should immediately dispatch a mobile team to the place of the incident for verification; Mobile patrol shall be likewise directed to verify the incident. d. There are incidents when the mobile or beat or off-duty policemen have already responded on the complaints, thus they should immediately inform the headquarters and the nearest police unit. e. The duty officer of the COP shall immediately dispatched its investigating team together with its investigation. f. In the absence of SOCO teams from the PNPCLS and NBI, the investigators are the one responsible in collecting, recording and preservation of the evidences in the crime scene and they shall endorse the said evidence to the Crime Laboratory for forensic examination. g. Lateral coordination is highly encouraged between investigators of other units and the SOCO team investigating the crime scene. 2. Conduct of Search and Recording of Activities at the Crime Scene: a. Assess the situation before conducting an actual search to determine the number, kind and views of the photographs to be made and the plan of the search. b. Immediately designate a “headquarters” or the area where you could stay in which there are no possible evidence that may accidentally be disturbed or altered. c. After assessing the situation, adopt appropriate search plan by using any of the following methods, namely: strip method, spiral method, zone method and wheel method. d. Use an appropriate instrument or equipment to collect the evidence, and place them in a container with proper label or tag. e. Do not touch or move any evidence once it is located until it has been identified, measured, recorded and photograph. f. Consider all objects or items found inside or within the crime as significant and take appropriate documentation and recording. g. Photographs the crime scene by making series of overlapping shots from the parameter inward to obtain maximum information on haw the crime was committed. h. Take the following photograph at the crime scene: -Over-all photograph – Done clockwise until at least four general view has been taken. Photograph of the victim – a set of picture showing the relationship of the cadaver over the surrounding including the injuries it sustained. -Photograph of evidence – Weapon, bloodstains, hair, paper and other evidence must be photographed before removal. -Photograph of the vicinity or environ. Take note of the following photographic data: -Data to identify the photographs with the offense. -Name of the photographer -Date and hour when each photograph was taken -Data about the light and weather condition when each photograph was taken. 26
-Date about the type and make of the camera, and the kind of film used. -Focal; length of the lens. -Data on the developing printing and other special laboratory techniques. i. Prepare a rough sketch of the crime scene indicating the actual measurement of the things but need not be drawn to scale as basis in the court presentation. j. Make the following sketches: -Sketch of the crime scene. The crime scene and its vicinity including neighboring building and roads leading to the crime scene. -Sketch of Ground – Pictures the scene of the crime with the nearest physical surrounding such as house with its garden, floor plan, and others. -Sketch of Details – Immediate scene only, like the room where the actual crime is committed.
E. Basic Stages In A Search Operation. 1. Preparation 2. Approach scene 3. Secure and protect the scene 4. Initial preliminary survey 5. Evaluate physical evidence possibilities 6. Prepare narrative descriptive 7. Depict scene photographically 8. Prepare diagram of scene 9. Conduct detailed search 10. Record and collect physical evidence 11. Conduct final survey 12. Release crime scene a. Preparation 1. Accumulate packaging and collection, material necessary for typical search circumstances. 2. Prepare the preliminary format for the paper work needed to document the conduct of the search. 3. Ensure that all specialists are aware of the overall forms of evidence usually encountered as well as the proper handling o materials. 4. Evaluate the current legal ramifications of crime scene searches (e.g. obtaining of search warrants). 5. Discuss upcoming search with involving personnel before arrival at scene if possible 6. Select, when feasible, person-in-charge and make preliminary personnel assignment before arrival at scene if practicable. 7. Consider the safety and comfort of search personnel. Prepare to encounter a potentially dangerous scene or inclement weather by insuring provision such as clothing, communication, light assistance, shelter, transportation, food, medical assistance, scene security and equipment at all times. 8. Assessment of assignments to include aptitude, training and experience of each individual is required for the successful processing of the crime scene. 9. In instance of prolonged search efforts, consider the use of shifts by using two or more teams-transfer paper works and responsibility in pre-planned manner from one team to the next. 10. Set-up a communication system with service of an ancillary nature in order that questions that surface will be resolved. 27
11. The possibility of coordinating multi-jurisdiction scene investigations should be explored. It is advantageous to have working agreements that are mutually acceptable to potentially involved agencies. These arrangements should be mad before confusions occurs in an actual multijurisdictional case, rather than as a later crisis response. b. Approach to the Scene: 1. be alert for discarded evidence and make pertinent notes. 2. Establish frame-of-mind to take control of scene regardless of circumstance observed on arrival. 3. Consider personal safety. c. Security and Protection of the Crime Scene 1. Take control of the scene upon arrival and determined the extent of area which has been protected. 2. Double check for adequate scene security. 3. Obtain information from logical personnel who have entered the scene and have knowledge relative to its original condition. 4. Identify the individual who is designated as the person-in-charge for final decision making and problem resolution. 5. Take extensive notes, do not rely on memory. 6. Keep unauthorized personnel out of the scene and record those who entered and leave the place of interest. d. Preliminary Survey. 1. Initiate a preliminary survey which will function as the implementation plan for the entire search. 2. Accomplish a cautious walk-through of the scene. 3. For the person-in-charge, he should maintain definite administrative and emotional control. 4. Select appropriate narrative description techniques. 5. Acquire preliminary photograph. 6. Define extent of the search area, usually expanding from the initial perimeter. 7. Organize applicable methods and procedures. Recognize special assignments. 8. Determine personnel and equipment needs. Make specific assignment. 9. Identify and protect transient physical evidence. 10. Develop a general theory of the crime. 11. Take down extensive notes to document important factors in the scene like physical and environmental condition, evidences, movements of personnel, etc. 12. On vehicles, get licensed plate number, description of vehicles, position of key and odometer reading. e. Evaluation of Possible Physical Evidence/s 1. This evaluation begins upon arrival at scene and become detailed in preliminary survey stage. 2. Based on preliminary survey, establish evidence types most likely to be encounter. 3. Insure that collection and packaging equipment is sufficient for task at hand, a given scene may require special techniques not normally used. 4. Concentrate on the most transient evidence and work to the least transient forms of these materials. 5. Insure all personnel consider the great variety of possible evidence, not only evidence within the scene of their respective specialty. 6. Focus first on the easily accessible areas in operation view and progress eventually to possible out-of-view locations look for purposely hidden items. 28
7. Evaluate whether or not the scene and evidence appears intentionally “Contrived”. f. Obtaining a Narrative Description 1. Make a narrative that is a running, general terms description of the condition of the crime scene. 2. Represent scene in a “general to specific” references scheme. 3. Photograph supplements narrative description at this point. 4. Use systematic approach in recording narrative – not item is too insignificant to record if it catches one’s attraction. 5. Do not permit narrative effort to degenerate into a sporadic and unorganized attempt to recover physical evidence-it is recommended that evidence are not to be collected at this point, under most circumstances. 6. Methods of narrative-written, audio, video, (sight/sound or sight only). g. Depiction of Crime Scene on Photograph 1. Take photograph as soon as possible. 2. Document photographic effort with photographic log. 3. Ensure that a progression of overall, medium and close-up view of the scene is established. 4. Use organized scale device for size determination when applicable. 5. Have a raw photograph first before taking one with the use of scale device. 6. Photograph evidence in place before its collection and packing 7. Be observant of the photograph areas adjacent to the crime scene-point of entry, exits, windows, attics, etc. 8. Consider feasibility of aerial photography. 9. Photograph items, places, etc., to corroborate the statements of witnesses, victims, suspects. 10. Take photograph at eye-level, when feasible, to represent scene as would be observed by normal view. 11.Photograph are two-dimensions and are usually supplemented by diagram/sketches. 12. Film is relatively cheap compared to the rewards obtained do not hesitate to photograph something which has no apparent significance at that time it may later prove to be a key element in the investigation. 13. Prior to lifting latent fingerprint, photograph should be taken 1:1 or using appropriate scale. 14. acquire prior photograph, blueprints, maps and scene area. h. Release of the Crime Scene: 1. Accomplish release of the crime scene only after completion of the final survey. 2. At minimum document should contain date on: -date and time of release -to whom it is release -by whom it is release 3. Ensure that appropriate inventory has been provided as necessary considering legal requirements to person to whom scene in released. 4. Once the scene has been formally released, acquire a warrant for reentry. 5. Once the person-in-charge should have the authority to release the scene, this precept should be known and adhered o by all personnel. 6. Consider the need to have certain specialist observed the scene before it is released (e.g. blood pattern analyst or medical examiner.) 7. Release the scene with the notion that there is only one chance to perform the job correctly and completely. (Proceed with the release once the personnel are satisfied of the situation. 29
B. INTERVIEW AND INTERROGATION INTERVIEW: 1. Interview Defined. -An interview is the questioning of a person believed to posses’ knowledge that is in official interest to the investigator. 2. Importance of Interview – Interview in crime investigation is very important considering that the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words. Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. 3. The Person Interviewed Consider: a. His ability to observe. b. His ability to remember c. His ability to narrate d. His mental weakness because of stupidity or infancy e. His moral weakness because of drunkenness, drug addiction, his being a pathological liar or similar factors. f. Emotional weakness resulted by family problems, hatred, revenue, and love. 4. The Interviewer’s Personnel Traits. a. He must be practical psychologist who understands the human psyche and behavior. b. He has a sincere interest in people. People who are reclusive generally are not good interviewers. c. He is calm, has self-discipline, and keeps his temper. d. He is courteous, decent and sensitive. e. He is self-assured and professional. He is tactful, i.e. he knows what to say when and how to say it. f. He is cordial and agreeable, and never officious. But he should avoid overfamiliarity. g. He is forceful, persistent and patient. Some people just cannot be rushed h. He is analytical i. He is flexible and cautious j. He is a good actor and can conceal his own emotion. k. He avoids third degree tactics and never deviates from the fundamental principle that a person must be treated according to humanitarian and legal precepts. l. He keeps the rules of evidence in mind. 5. Planning the Interview. In planning the interview, the interviewer should consider: a. The facts of the case which have been established so far. b. The information needed to complete the picture. c. The sources of information that may be consulted such as files and records. d. The possibility of confronting the suspect with physical evidence. e. The time available for the interview. f. The time allowed by law. 6. Preparation of the Interview -Before interviewing a witness, the law enforcer should mentally review the case and consider what information the witness can contribute. If the case requires it, he should acquaint himself with the background of the witness.
7. Time, Place and Surrounding Circumstance. 30
a. It is not always possible to fix the time and place of an interview, but since memory is short; it is basic that an interview with the witness and suspect(s) should take place as soon as possible after the commission of the crime. b. Interview of arrested persons should be made as soon as possible after the arrest. c. Conduct interviews whenever possible in your own turf, i.e., your office. 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 not distracting pictures, calendars or similar items. e. Arrange it so that there will be no interruption during the interview. f. Suspects should be interviewed separately and out of sight and earshot of each other. g. If there are two interviewers, let one man be the prime interviewer. h. Arrange chairs so the window light falls on the interviewee and not on the interviewer. i. The interviewer should adapt his speech to the style best understood by the subject. In dealing with an uneducated subject, the interviewer should use simple words and sentences. j. Straight-back chairs should be used for both subject and interviewer. Other types of chairs induce slouching or leaning back, and such position are not conducive to proper interviews. k. The interviewer should remain seated and refrain from pacing about the room. 8. Opening the Interview. a. The interviewer should identify himself and the agency to which he belongs. b. He should try to size up the interviewee and reach to tentative conclusion about his type, then use the best interview approach. c. He should keep in mind the provisions of law regarding the rights of people under custodial investigation. 9. The Body of the Interview. a. The interviewee should be allowed to tell his own story in his own words without interruption. . This allows for continually and clearness. . Range of interview is broadened . It helps the interviewee recall and relate events in their proper order. b. Interviewer should keep to the point at issue and should not wander too far from it. c. Interviewer should be alert for hearsay information so he can question the interviewee on the matter later. d. Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of the witness interview. e. However, you may guide the interviewee with innocuous questions such as “And then what did you do?” 10. Questioning. a. Dominate the interview. Be careful, do not allow the interviewee to be the one asking the questions. b. Do not ramble. Have a reason for every question asked. 31
c. Follow the order of time and bring out the facts in that order. This technique is called “chronological questioning” and is considered the easiest as people tend to think in terms of what happened first, then, second, then third. The interviewer should go step in learning all the details concerning the planning and commission of the crime and what happened after it was committed. d. Exhaust each topic before moving on to the next. e. Determine the basis for each material statement. It might be hearsay. f. Keep your questions simple and understandable. Avoid double-edged or forked questions. g. The dangers of leading and misleading questions should be borne in mind. A question which suggests to the witness the answer which the interviewer desire is a leading question. Questions which assume material facts that have not been proven are misleading questions. h. Wait for the answer to one question before asking a second one. i. Ask important questions in the same tone of voice as the unimportant ones. j. As a rule, avoid trick or bluffing questions. k. Where it is necessary to inquire into the past history of the interviewee involving something unpleasant, it is wise to use introductory remarks deploring the need for the question and saying that it is one of the unpleasant but necessary duties of an officer. 11. Closing a. Before closing the interview, the law enforcer should make a mental check of the purpose of the interview and should analyze what he has learned, decide whether he has attained his objective. He should be guided in this respect by the 5 W’s and 1 H – what, where, when, who, why and how. b. The interviewer should always leave the door open for are-interview. Don’t forget to say “THANK YOU” after the interview. Note: Although the words “interview” and “interrogation” have similar meanings, there are those who prefer to use “interview” when questioning witnesses and informants, and “interrogation” when questioning suspects. A Philosophy of Interview and Interrogation: The RIGHT officer asking, the RIGHT questions, in the RIGHT manner, at the right time and in the RIGHT place…will get the RIGHT answer. INTERROGATION IN GENERAL 1. Interrogation Defined - An interrogation is the questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure on information in his possession which is pertinent to the investigation. 2. Purpose of Interrogation a. To obtain information concerning the innocence or guilt of a suspect b. To obtain a confession to the crime from a guilty suspect. c. To induce the suspect to make admissions. d. To know the surrounding circumstances of a crime e. To learn of the existence and location of physical evidence such as documents or weapons. f. To learn the identity of accomplices. g. To develop information this will lead to the fruits of the crime. h. To develop additional leads for the investigation. i. To discover the details of any other crime in which the suspect participated. 32
3. Preliminary Conduct -The interrogator should identify themselves at the outset and state in general the purpose of the interrogation. He must advise the suspect of his rights against self-incrimination and inform him that the does not have to answer questions and that, if he does answer, these answer can be used as evidence against him. He must inform the suspect of his right to counsel and that a state appointed counsel will be made available without cost to him if he so desires. No questioning of the suspect unless the latter has definitely waived his right to be silent. Ordinarily the investigator should be alone with the suspect and, of course, the latter’s lawyer, if he has requested counsel. 4. The Interrogation Room - The room should provide freedom from distractions. If should be designed simply to enhance the concentration of both the interrogator and the subject on the matter under questioning. 5. Interrogation Techniques -The following are some of the techniques practice by experienced investigators: a. Emotional Appeals -Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the truth, and then provide those motives through appropriate emotional appeals. b. Sympathetic Approach – The suspect may feel the need for sympathy or friendship. He is apparently in trouble. Gestures of friendship may win his cooperation. c. Kindness -The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. d. Extenuation – The investigator indicates he does not consider his subject’s indiscretion a grave offense. e. Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with fellow who is a criminal by nature and choice. The trouble with the suspect lies in his little weakness - hi likes liquor, perhaps, or he is excessively fond of girls, or he had had a bad run of luck in gambling f. Mutt & Jeff – Two (2) agents are employed. Mutt, the relentless investigator, who is not going to waste any time because he knows the subject, is guilty. Jeff, on the other hand, is obviously a kind-hearted man. CRIMINAL INTERROGATION 1. Types of Offenders and Approaches to be used in Dealing With Them: a. Emotional Offenders have a greater sense of morality. They easily feel the remorse over what they have done. The best approach in interrogating this type of offender is the sympathetic approach. b. Non-emotional Offenders normally do not feel any guild, so the best way to interrogate them is through the factual analysis approach, that is, by reasoning with the subject and letting him know that his guild has already been, or will soon be, established. 2. Interrogation of Suspect Whose Guild is Definite or Reasonably Certain a. Maintain an attitude which shows that you are sure of yourself when you conclude that the subject is indeed guilty. . Don’t be very friendly with the subject and do not offer a handshake. . At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates innocence. But if he remains calm, you can generally conclude that your suspicion of guild confirmed. . Interruption of questioning by the subject may indicate innocence. Silence is equated with guild. . Do not allow the subject to repeatedly deny his guild. . Assume that the subject is guilty and proceed to ask why he committed the act, instead of wasting time on who do it. . When interrogating a “big shot,” it be useful to lower his status by addressing him by his first name, instead of using a title of respect.
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. Remember that one who is trained in criminal interrogation is easier to question than an ordinary criminal since he has less confidence in himself as a liar. b. The subject should be made aware of the fact that the interrogator knows information indicating his guild and that the interrogator is not merely “fishing” for evidence. c. Let the subject know that he is showing signs of deception, some of which are: a. Pulsation of the cerotic (neck) artery b. Excessive activity of the Adam’s apple. c. Avoiding the eyes of the interrogator, swinging one leg over the other, foot-wiggling, wringing of the hands, tapping of fingers, picking fingernails, etc. d. Dryness of the mouth e. Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to strengthen their assertions of innocence. f. “Spotless Past Record” – “Religious Man” These are asserted to support statements which the subject knows, and realized the interrogator knows, to be false. g. A “Not That I Remember” or “As Far As I Know” expression should be treated as a veiled admission or half-truth. d. Sympathize with the subject by telling him that anyone else under similar conditions or circumstances might have done that same thing. e. Reduce the subject’s guild feeling by minimizing the moral seriousness of his offense. f. In order to secure the initial admission of guilt, the interrogator should suggest possible reasons, motives or excuses to the subject. g. Sympathize with the subject by: i. Condemning his victim. During the questioning, the interrogator should develop the notion that the initial blame, or at least some of the blame, for the crime rests upon the victim. ii. Condemning the suspect’s accomplice. But the interrogator must be cautious so that his comments are not misinterpreted by subject as leniency or exculpation from liability. iii. Condemning anyone else upon whom some degree of moral responsibility might be placed for the commission of the crime. h. In encouraging the subject to tell the truth display some understanding and sympathy. i. Show sympathy through a pat on the shoulder (usually reserved for men how are either younger that or of the same age as the interrogator, or emotional offenders), or gripping the subject’s hand. Care must be taken with female offenders, who might consider any physical contact with the interrogator as a sexual advance. ii. Tell the subject that even if he were your own brother (or any other close relative), you would still advise him to speak the truth. iii. Convince the subject to tell the truth for his own moral or mental wellbeing. iv. The “friendly-unfriendly” act. This is much like the Mutt and Jeff system discussed earlier. The only difference is that this act seems more effective if done by a single interrogator playing both roles. i. Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate the nature and seriousness of the offense itself. j. Early in the interrogation, have the subject situate himself at the scene of the crime or in some sort of contact with the victim or the occurrence. k. Seek an admission of lying about some incidental aspect of the occurrence. By achieving this subject loses a great deal of ground, bringing him nearer to the 34
confession stage, because he can always be reminded by the interrogator that he has not been telling the truth. l. Appeal to the subject’s pride by well-selected flattery or by a challenge to his honor. Flattery is especially effective on women subjects. m. Point out the uselessness of lying. n. Point out to the subject the grave consequences and futility of a continuation of his criminal behavior. o. Rather than seek a general admission of guilt, first ask the subject a question regarding some detail of the offense, or inquire as o the reason for its commission. p. When co-offenders are being interrogated and the previously describe techniques have been ineffective, play one against the other. This is effective because when two or more persons have collaborated in the commission of a criminal offense and are later apprehended for questioning, there is usually a constant fear on the part of each participant that one of them will “talk,” in exchange for some leniency or clemency. 3. Interrogation of Suspect Whose Guilt is Uncertain a. Ask the subject is he knows why he is being questioned. b. Ask the subject to relate all he knows about the crime, the victim, and possible suspects. c. Obtain from the subject detailed information about his activities before, during and after the occurrence under investigation. This is a good method of testing the validity of the subject’s alibi. 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 very good indication of his possible guilt or innocence, and if he is guilty, his position becomes very vulnerable when confronted with the facts possessed by the interrogator. e. At various intervals, ask the subject certain pertinent questions in a manner which implies that the correct answer are already known. f. Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain it; if he does, that is an indication of guilt. g. Ask the subject whether he ever thought about committing the offense or one similar to it. If the subject admits he had thought about committing it, this fact is suggestive of his guilt. h. In theft cases, if the suspect offers to make restitution, that fact is indicative of guilt. i. Ask the subject whether he is willing to take a lie-detector test. The innocent person will almost always immediately agree to take practically any test to prove his innocence, whereas the guilty person is more prone to refuse to take the test or to find excuses for not taking it, or for backing out of his commitment to take it. j. A subject who tells the interrogator, “All right, I’ll tell you what you want, but I didn’t do it,” is, in all probability, guilty. 4. General Suggestions Regarding the Interrogation of Criminal Suspects. a. Interview the victim, the accuser, or the discoverer of the crime before interrogating the suspect. b. Be patient and persistent. Never conclude an interrogation at a time when you fell discouraged and ready to give up; continue for a little while longer.
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c. Make no promises when asked, “What will happen to me if I tell the truth?” a promise of leniency or immunity may induce an innocent to confess. d. View with skepticism the so-called conscience-stricken confession. e. When a subject has made repeated denials of guilt to previous investigators, first question him, whether circumstances permit, about some other, unrelated offense of a similar nature of which he is also considered to be guilty. f. An unintelligent, uneducated criminal suspect, with a low cultural background should be interrogated on a psychological level comparable to that usually employed in the questioning of a child. 5. Interrogation Witnesses and Other Prospective Informants: a. Give the witness or prospective informant an assurance that the offender will not harm him or any member of his family, and that there is a witness protection program specially designed to meet that contingency when it becomes necessary. b. If such witness or prospective informant refuses to cooperate with the police, try to sever any bond between him and the offender, and proceed to interrogate the witness or informant as if he were the suspect. C. DEVELOPMENT AND CONTROL OF INFORMANTS 1. Confidential Informant Defined – a confidential informant is an individual who supplies information on a confidential basis with the understanding that his identity will not be made known. 2. Need for informants a. Informants increase accomplishments in all areas of investigation. b. Without confidential informants, the officer’s source of information is limited to what he gets through formal interview. c. Informants enable law enforcers to infiltrate the criminal element and help lower criminal morale. Advance information improves crime prevention and enables the police to find out the identity of transient hoodlums. d. Informants are an investigative “short cut” to solve cases, to recover stolen property, and to make apprehensions. 3. Where to Find Criminal Informants and Whom to Develop a. Legitimate persons and criminals i. Hoodlums, criminals, fences, bookies, barbers, bartenders, poolroom and dancehall operators, prostitutes, madams, pawnbrokers, cab drivers, bell hops, service station attendants, waitresses and others. A class in themselves is persons who had been accused or suspected of a crime. ii. Persons engaged in certain occupations should be considered. 4. How to Develop Confidential Informants. a. Constant need. i. No matter what out scientific development might be, there will always come that time when we will need informants. ii. Development of confidential informants should therefore be a continuous process. b. Evaluation of the individual being considered as possible informant: i. Does he have access to information? ii. Can he develop the trust of his associates? iii. Intelligence and physical courage. iv. His criminal record and background. v. His pattern of behavior. c. Basic considerations. 36
i. Contact must be made in a neutral place. The officer making the contact should not be in uniform or in police vehicles. Contact should be made in such a manner that the informant’s association with law enforcement agency will not be disclosed. Get the informer away from his local habitat to a place where he is not known. Call him by phone and let him set the time and place. ii. Plan the interview as to the type of “approach” 1) Return of favor – Even small favors can help a lot in developing informants. These may be extended in various ways. 2) Monetary consideration. -There may be times when an officer has to pay for information. One must make sure he gets his money’s worth. Do not overpay or you will have a professional informant. 3) Appeal to prospect’s ego – Men on the beat (patrolmen/investigators) have a good opportunity of developing informants. 4) Development of “friendship” helps because the informant respects the officer. – This is accomplished by friendly acts of the officer to the possible informant himself or his relatives. 5) Involvement in illegal activity -the illegal activity serves as pressure on the possible informant. The attitude toward him, though should be “Put up or get out”. 6) Fear motive – This is far of the police or of his associates. 7) Revenge motive. 8) Perverse Motives – To eliminate competition, for example. 9) Bad publicity. – Specially applicable to businessmen. iii. Officer’s ability 1) Develop an informant to the point that he really respects you. Do not call your informant a “stool pigeon” or a “stoolie” when talking to him. 2) Secrecy in contacts cannot be over-emphasized. – It helps maintain the confidence of the informant. You may use fictitious names over the phone. Contact should be discreet and the meeting place frequently changes. 3) The informant may expect a few favors in return. – Make him understand that you association with him does not give him the license to operate illegally. You must have him understand also that he is not an employee of the police even though he is being paid for the information. It may be necessary to hold something over his head. . Be sure that your informant does not brag about his association with you. . Make sure he is giving you good information. Test him with facts you know. . Do not allow yourself to be interviewed by an informant. Give him the facts he needs to know, and nothing more. 5. Use of informants a. Maximum benefit – The confidential informant should be used for the maximum benefit of the entire organization, not of only one (1) officer/investigator. b. A designated executive should be aware of the identity of the informant. At least two (2) individuals in the law enforcement agency should know the identity of a confidential informant. This gives him the feeling that he is really cooperating 37
with the police. It is also possible that something might happen to you which would mean the loss of the informant to the entire police force. Besides the officer who developed the informant, it is suggested that the other be rank-officer to give the informant a feeling of importance. c. Consider a program within your respective commands for the development of informants. i. Keep records as to the ability of your men to develop informants. ii. Keep records as to the accomplishments of each of the information. This should tell you who among the informant should be discarded. iii. Keep record as to fugitives apprehended, loot recovered and cases given to you iv. Maintain a tickler system to review your informant’s contribution to your command. Do not steal another Man’s Informant D. UNDERCOVER INVESTIGATION 1. Preparation for undercover work should be sufficiently thorough: a. To preclude compromise. b. To minimize danger to the undercover operative c. To ensure the ultimate success of the investigation 2. Undercover investigation should not be attempted until other investigative techniques have failed or are deemed impractical. 3. Factors to consider before undercover investigation is initiated: a. The exact result desired b. Jurisdiction c. The importance of the investigation d. Available planning information e. Availability of qualified personnel f. The equipment and preparation necessary g. Danger to the investigator involved 4. General and Specific Qualifications – Undercover work as a selective assignment requires that the investigator posses, in addition to certain general qualifications, specific qualifications required in the type of investigation being conducted. a. General qualifications i. Well-trained and experienced ii. A calm, collected and resourceful individual with good judgment and wit. iii. Complete self-confidence to fell absolutely certain that he can successfully play the part of the character he will assume iv. Courage and ability to meet unforeseen situations with quick, sound decisions. v. Will-power to avoid drugs and excessive use of intoxicants. vi. Ability to avoid unwise entanglements with women involved in the case or associated with the subject. b. Specific qualifications. i. Ability to act out an assumed role ii. Good memory in an investigation in which no notes can be taken or report submitted. iii. Skill adaptable to the occupation assumed.
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iv. Physical appearance and capabilities consistent with his assumed qualifications. v. Well-grounded in the lingo and techniques of the subject criminal operations. vi. In special situations, the undercover investigator should possess certain linguistic abilities, hobbies, sports, musical talent and personal background for the particular undercover assignment. 5. Authority for undercover operations must be from the top officer of the organization, for this requires coordination with other agencies. 6. The undercover operation must be known to the fewest number of persons. Otherwise, the investigation or the operative himself might be jeopardized. 7. The background or cover story regarding the assumed identity of the undercover operative must be such that he can easily win the confidence of the suspect of organization sought to be infiltrated, and should seldom be wholly fictitious. 8. Badge and credentials must never be carried. 9. A weapon should only be carried if it is consistent with the background story. 10. Provide safe communication systems between the undercover agent and headquarters relaying information or instructions. 11. Arrangements for drops and safe house must be made and, if necessary, the undercover operative himself may be placed under surveillance. 12. The undercover operative must never pose as a criminal unless no other approach appears adequate. 13. The role of the undercover operative is to gather information or evidence against the suspect(s) or the organization, never to instigate the commission of a crime. 14. Plans for the operation must provide actions or alternatives in case the undercover is arrested. 15. Reminder to the undercover operative: a. Act as natural as possible b. Do not overplay the part c. Do not indulge in any activity which is not in conformity with the assumed identity. d. Do not make notes unless they are to be mailed or passed immediately: (Use codes and never place return address in letters and envelopes). e. Do not use intoxicants except to play the part. f. Limit association with women to that necessary to play the part. E. SURVEILLANCE 1. In General – In the investigation of a certain case, a point is reached when the investigator sometimes finds it difficult to secure leads through questioning of the complainant and witnesses. In such a situation, the investigator has to go the field to locate the criminal or, if he is known, to study his habits, movements and possible accomplices in the commission of the crime. 2. Definition – Surveillance is the direct observation of places, persons and vehicles for the purpose of obtaining information concerning the identifies or activities of subjects. 3. Objectives of Surveillance: 39
a. To detect criminal activities. b. To discover the identity of persons who frequent the establishment and determine their relationship c. To discern the habits of a person who lives in or frequents the place. d. To obtain evidence of a crime or to prevent the commission of a crime. 4. Shadowing or Tailing. It is the act of following a person. Its objectives are: a. To detect evidence of criminal activities b. To establish the association of a suspect c. To find a wanted person d. To protect a witness There are three (3) types of shadowing employed, depending upon the objective of the surveillance: a. “Loose Tail” is employed when a general impression of the subject’s habits and associates is required. b. “Rough Shadowing” without special precautions may be used when the criminal must be shadowed and he is aware of this fact; or where the subject is a material witness and must be protected from harm or other undesirable influences. c. “Close Tail” surveillance is one in which extreme precautions are taken against losing the subject. 5. Tactics – The subject should be kept unaware that he is being shadowed. The investigator should be inconspicuous. He should not be detected looking directly at the suspect. He should shift from left to right, never remaining for long directly behind the subject. Both sides of the street should be used. If the tail, he should request immediate removal from the assignment. 6. Note – The investigator must maintain a note or log containing a chronological record of the activities of both the investigator and the subject. The log can used either in the interrogation of the suspect or for purposes of cross-examination during trial. 7. “Roping” or Undercover Work – It is a form of investigation in which the investigator assumes a different and unofficial identity (a cover story) in order to obtain information. The general objective of an undercover investigation is to obtain more information. 8. Arrest of Undercover Agent. – If an investigator is arrested by the police. He must act in accordance with his orders. If he has not received order regarding the disclosure of his identity in case of arrest by other law enforcement officers, he must act according to his judgment. In such a case, if retaining his assumed character does not serve a useful purpose, the investigator should refuse to make a statement except to a member of his own organization. 9. Preparation and Supervision of Discreet Surveillance. a. Familiarize participating operatives with the case.\ i. Use sketches, photos and maps in the briefing. ii. Make a physical description of the subject (s) iii. Anticipate contingencies that might arise and plan what to do iv. Ready coins for bus or jitney fare and for making phone calls. v. Determine exits and have them covered. vi. Bear in mind the need to secure a Search Warrant on short notice. vii. Ready materials for recording surveillance. viii. Pre-arrange signals. ix. Maintain contact among the participants x. Rotate participants and apportion their distances. xi. Consider the possibility of counter-surveillance.
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b. Choosing proper equipment. Equipment include motor vehicles, boats, binoculars, cameras, radio equipment, handcuffs, containers for evidence, strips of neolith and other materials for disguising motor vehicles (day or nighttime), firearms, tear gas etc.
CHAPTER IV SPECIAL INVESTIGATION A. RESCUE OF MINORS INTRODUCTION: Cases of women and child abuse were proliferating in the past decade which prompted the legislative department of the government to rashly enact into law RA 7610, otherwise, known as the Special Protection of Children against Abuse, Discrimination and Exploitation. This special law which partly amends the provisions of the Revised Penal Code on Corruption of Minors and White Slave Trade, provides among others a stiffer penalty against its violators as it classifies the act as capital if not grave offense. Thus, the Philippine National Police as one of the principal agents of the government authorized to enforce the said law and other allied status for the protection of women and children’s rights, plays a crucial and important role, most specifically in the rescue of minors who were abused by their parents dragged into commission of crimes like rape, murder, robbery; sold to prostitution dens of foreigners, by their own relatives or compelled to work as bold nude dancers on different night spots. It is noteworthy, that in the performance their assigned tasks as protectors or rescuers of abused children, the law enforcers must be guided by the time honored principle of rule of law so as to carry out more effectively their functions. INVESTIGATIVE PROCEDURE: Under the law, a police officer can conduct rescue operations if or when complaint is file by any of the following persons to wit: a. Offended party; b. Parent or guardian; c. Ascendant or collateral relatives within the third (3rd) degree; d. Social workers of DSWD; e. Representatives of a licensed child-caring institution; f. Barangay Chairman; or g. At least three (3) responsible citizens of the place where the violation occurred. The officer-on-case should evaluate the complaint to find out if there exists a violation of the law such as abuse, discrimination or exploitation of the child subject of the complaint. As per recommendation of the Chief, WACCO to Director, CIDG, only the Director, or in his absence, his duly appointed OIC, has the full power to gie approval on the requested rescue operation. The Police Officer should coordinate with the following agencies: a. DSWD or DOLE; b. Local Police Unit; and c. Barangay Officials, who may join the rescue team Proper approach by a police officer conducting rescue operations a. Politely identify yourself; b. State the purpose of the rescue; c. Do not use unnecessary force in the conduct of police/rescue operation; d. In case the victim is female, a female law enforcer should be the one to approach and take temporary custody of the victim. 41
Immediately after the minor/victim is rescued, the latter should be brought within twenty-four (24) hours to the hospital for medical and physical examination and the examination and treatment papers, as the case may be, shall be incorporated in the child/victim’s record. The taking of sworn statement of the complainant and/or minor including the witness (es), as the case may be, shall be conducted purposely for the inquest of respondent or for the filing of the appropriate charges(s). The records of the investigation together with the pieces of evidence adduced by the complainant/victim shall be referred to the Department of Justice or the local Prosecutors concerned for Preliminary Investigation, and, if there exists sufficient ground that a crime has been committed by the respondent, and that the latter is probably guilty thereof and should be held for trial, the former shall prepare a resolution and an appropriate information shall be filed by him before the court, to hold the accused for trial. USUAL PROBLEMS If the complainant is woman, 18 years of age and above, the officer on case may encounter the following problems: a. Trauma b. Cannot narrate her ordeals in details because of embarrassment c. Insistence that the suspect/suspects be arrested d. Always in a hurry in going home e. Indecision whether to file or not f. Decision of victim is only influenced by the relatives And if the complainant are children, 17 years old and below, the problems encountered by the investigators are: a. Inability to communicate (comprehension) b. Trauma c. Moodiness d. Failure to recall the exact date, time, and place of incident e. Inconsistency on the account of victim during investigation f. Shame g. Playfulness Common Problem in Child Abuse (RA 7610) 1. Minors using fake birth certificates to Night Club 2. No centralized coordination with the Local Civil Registry and NSO for the certification of their birth certificate – Factory and Night Club 3. Wrong advise to the minors by some people especially from parents. 4. Filing of harassment suits by manager/owner of the club against the police by convincing the minors to file case – Night Club. 5. Media intervention – Night Club 6. Political intervention. B. SEX CRIMES 1. Preliminary Note. Given the natural complexities and sensitivity of the subject matter, sex crimes, indeed require special breed of investigators with specialized training. Under RA 8353 (Anti-Rape Law of 1977), rape now falls under Crimes Against Persons, whereas it used to be grouped under crimes against chastity in the Revise Penal Code. The new rape law introduces new features such as, a wife may charge her husband for rape (marital rape); the victim is no longer limited to females, i.e., a male may be injured party; insertion of objects/penis into the mouth, genitals, or anal orifice of another person already constitutes rape. In as much as the majority of these violations involve women and children, it is absolutely necessary that police investigation be accurate, comprehensive, effective and prompt. 42
2. Salient Principles of Sex Crimes. a. It is triggered by emotion. A person who commits a sec crime has lost control of his emotions. It is not something you can sit out and analyze. It is a compulsion that comes from deep within the person. b. Gratification of the sex drive is often accomplished in strange and disguised ways. It involves an addiction to a certain kind of sexual satisfaction. Sex is what makes a person feel good – you have to understand this when investigating sex crimes. c. The motivation for crimes committed by insane persons is so often obscure and so illogical as to defy analysis. d. Most sec offenders have peculiarities that fall under any of the following categories: i. Fetishism – object compulsively used in attaining sexual gratification ii. Symbolism – the representation of things by use of symbols, especially in fine art or literature . System of symbols . Symbolic meaning . A group of symbolists, as in art or literature iii. Ritualism. Sex offenders with this peculiarity use the same approach or pretext 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” overcomes 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 being humiliated, hurt or beaten. vi. Sado-Masochism – Inflicts injury and at the same time enjoys having injury inflicted upon him 3. The Sex Crime Investigator. a. Get the facts no matter how embarrassing to those interviewed. b. Be intensely suspicious. Watch for words spoken that might give both your victim and suspect away. c. Be extremely curious. Get to know what goes on in the mind of both the victim and the sex offender. d. Understand all the little overtones of sex offenses. e. Possess interview skills. This may be attained if the investigator understands the crime he is interviewing about. f. Have the abilities to analyze and to grasp the significance of details g. Be a thoroughly capable investigators in all phases of the criminal inquiries. h. No crime is harder to prove and no crime is harder to disprove than sex crimes. Use good sense to prove you hit somebody with this charge. 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. j. Take all complaints seriously. Remember the sex offenders will do things that ordinarily are hard to explain. k. Establish reliable informants, especially in places where children gather. 43
4. Analysis and Evaluation of Every Complaint. a. The accusation may be an excuse to cover escapades or to secure sympathy. b. Be particularly analytical of charges made by children (neighborhood drudge). Children can be mean and vengeful. c. Look into life, hallucinations, daydreams. There are those whose dreams assume the proportion of reality. d. Martyr complex e. 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: raindrops on the roof, fog, heat, new moon and full moon etc. ii. The time and day. iii. Type of victim. Examples: Invalids, little fat girls, skinny boys, old women, etc. iv. Get details on the choice of clothing (fetish) v. Odor. It can be anything, from the most filthy smell to the smell of trees. vi. Type of weapon used – razor, knife, wire, etc. vii. Word used. Chances are he will use the same words in succeeding sex crimes. viii. Determine his exact approach. b. Everyone is a suspect. i. Never try to excuse from involvement a suspect who is “not the type” religious, educated, responsible, etc. ii. Consider relatives and friends of the family iii. Understand that love is closely associate with sex. Man is made up of a mass of emotions. You’ll never know what goes on in his mind. You’ll never known what circumstances would compel him to commit a sex crime. c. Conduct investigation of all suspects by the Inner-Outer Ring method. i. One set of investigators concentrates on the victim’s inner circle such as relatives, friends of the family, as well as the victim’s schoolmates of business associates, neighbors, servicemen (milkman, newsboy, etc.) ii. The Outer Rind men concentrate on conditions and circumstances not immediately concerned with the private life of the victim. Example: 1) Known perverts and sex maniacs. Check police files and tap confidential 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 emotions anyone else. d. Search of persons and places. Perverted sex offenders sometimes need paraphernalia (excitement aids). Therefore, they may have a collection fetishes, symbols, aphrodisiacs, and excitants such as pornographic material, etc. 44
i. Ask a suspect to explain everything he has. ii. Search suspect’s car iii. Search suspect’s home and office iv. Check with suspect’s friends e. Interview of sex offenders. i. Employment pathy. This means putting yourself in the position of the suspect you are questioning. To think as they thought, fell as they felt and act as they acted. ii. Show a definite understanding and sympathy. iii. The opening is most important. Don’t fumble around. Prepare for it iv. Employ “face-saving” whenever possible; such remarks as would help the suspect talk of the crime without feeling of guilt or shame. v. Privacy in this case is very important because in digging into the mind of the suspect, the investigator has to ask very personal questions. vi. Explore his mind to find out what kind of a sex offender he is. vii. Explore his life for the same purpose. viii.You must understand the language of sex 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. x. Learn how to listen. Some of the best interviewers are those who have learned to listen. xi. DON’Ts in interviewing the victim: 1) Don’t joke. It is not a situation for a joke. 2) Don’t display avid curiosity 3) Don’t bring unnecessary people into the room. 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 a 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-good-ness analysis of the situation. C. NARCOTIC CONTROL AND INVESTIGATION 1. Violation: a. Republic Act No. 6426 (The Dangerous Drugs Act of 1972), as amended by Presidential Decree Nos. 44, 1675, 1683, 1708 and Batas Pambansa Blg 179. Provisions of the Revised Penal Code relating to drugs have been super ceded by RA 6425. The following are punishable: i. Importation of prohibited/regulated drugs ii. Sale, administration, delivery transportation of prohibited/ regulated drugs.
distribution,
dispensation
and
iii. Maintenance of a den, dive or resort for prohibited drugs dens. iv. Being an employee of, and knowingly visiting, prohibited drugs dens v. Possession or use of prohibited/ regulated drugs. 45
vi. Cultivation of plants which are sources of prohibited rugs. vii. Failure to maintain records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugs. viii. Unlawful prescription of prohibited/ regulated drugs. ix. Unnecessary prescription of prohibited/ regulated drugs. x. Possession of opium pipe nad other paraphernalia for prohibited drugs. b. Republic Act No. 953 (Narcotics Law of 1953). RA 953 requires the registration of persons (including juridical persons) with the Bureau of Internal Revenue to produce, import, manufacture, compound, deal in, dispense, sell, distribute and give away opium, marijuana, opium poppies or coca leaves, or any synthetics drugs which had been declare habit-forming by the President of the Philippines, including their salts, derivatives or preparation. c. The National Internal Revenue Code of 1977 (As amended). This requires the keeping of true and correct records of prohibited drugs by physicians, dentists, veterinarians, pr pharmacists, as required by law and by the regulation of the Department of Finance. 2. The Violators - The Persons of Importance. a. The Addict or User. A “User” is one who injects, intravenously or intra swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. An “Addict is one who habitually uses dangerous drugs. i. Determine his history ii. Has he just used analysis within 24 hours after administration. iii. Is he in possession of the drug? iv. Determine the reason for possession. Is it for sale or for his own consumption? v. If possession is for reason other than personal use, he must be according charges under RA 6425. vi. The following signs or symptoms will guide the investigator to vii. Determine whether the violator is an addict or not: 1. The possession of prohibited drugs of dependence without adequate therapeutic reasons. 2. The presence of needle marks in the form of black or blue spots resembling tattooing or fresh puncture-type holes caused by hypodemic needles. These appear on the arms or legs, but may also be on other parts of the body. The punctures are sometimes topped by minute scabs or crusts. 3. The presence of elongated scars over the veins, especially those of the forearms, the insteps or lower legs, however, the scars may have a medical explanation unrelated to addiction. 4. The presence of abscesses over the vein or near sites where veins approach the surface. 5. An appearance of drowsiness, sleepiness or lethargy (“on the nod”) especially if accompanied by a tendency to scratch the body of as if itching. This sometimes indicates slight over-dose of opiates or their synthetic equivalent. 6. The possession of equipment which consists of a hypodermic blackened underneath from being held over a lighted match or candle. 46
7. A tendency to sit looking off into space known as “goofing”, which may indicate the use of barbiturates. 8. Certain visual signs appear when the abuser’s supplies are cut off and withdrawal symptoms develop. These may include: . 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 above symptoms occur, the services of a doctor should be sought. 9. A tendency of the suspect to isolate himself at regular intervals in order to take injection 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. b. The Pusher. “Pusher” refers to any person who sells, administers, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports any dangerous drug or who acts as a broker in any such transactions i. Ordinarily, he is an addict himself ii. If not an addict, determine the reason for his possession of the drug. Is it for sale, for giving away, etc? iii. If he is selling, determine his clientele. Get their names and other personal circumstance. iv. Determine, if possible, his source of supply, their names, addresses, etc. v. Determine the number of times that he had been arrested and charged for the same offense. vi. If he as a recidivist, state so in the complaint or information to be filed. 3. The Thing of Importance. a. The evidence. PROHIBITED DRUGS, These include opium and its active components and derivatives, such as heroin and morphine; coca lead and beta eucaine, hallucinogenic drugs such as mescaline, lysergic acid diethylaminde (LSD) and other substances producing similar effects, Indian hemp and its derivatives; all preparations made from any of the foregoing and other drugs and chemical preparations; whether natural or synthetics, with the physiological 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 (paver somiferum) and embraces every kind, character and class of opium, whether crude of prepared; the ashes or refuse of the same; narcotic preparations thereof of there from; morphine or any alkaloid of opium; preparations 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.. FIELD TEST: Burn a small quantity of the suspected substance. The odor or smell is similar to burnt banana leaves or has a sweetish odor. 47
2. Morphine comes in various forms: . Powder – white, odorless, granulated powder with a very Vitter taste. Sometimes, however, illicit traffickers add color to deceive investigators. . Block – with embossed marks like “999” “555”, “Lion” or “Elephant” brands. . Licit morphins used for medical purposes invariably comes in powder form, tablets, capsules or ampuls with the brand name of the manufacturer. 3. Heroin (Dimorphine Hydrochloride) is a white, odorless, crystal-line powder with a very bitter taste. Heroin is the hydrochloride of an alkaloid obtainable by the action of acetic anhydride or morphine, the alkaloid base may be made by treating morphine with acetyl chloride, washing the product with a dilute alkaline solution and crystallizing from alcoholic solution. NOTE: Both heroin and morphine may be sold by pushers in “papelita” or bundle a containing about .03 gram of powder. The price will depend on supply and demand. ii. Cocaine (Methyl benzoyl ecgonine). Cocaine (C17H21n04) is an alkaloid obtained from the leaves of Erythorxylon coca Lamarch and the other species of Erthroxlon Linen, or by synthesis from ecgonine and its derivatives. 1. HISTORY – Cocaine was isolated in 1844 from Brazilian coca leaves and until two decades ago, the latter was the only sources of cocaine, today, the alkaloid is obtained principally from Java coca contain from 0.5 to 1% of methyl benzoyl ecgonine, or cocaine, whereas the java coca leaves contain very little cocaine as such. However, there are present in the Java leaves such derivatives as benzoyl 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 moisturizing ground coca leaves with a sodium carbonate solution, percolating with benzene or other solvents such as petroleum benzene, shaking the liquid with diluted sulfuric acid, and adding to the separated acid solution and excess of sodium carbonate. The precipitated alkaloids are removed with ether, and after drying with sodium carbonate, the solution is filtered and the ether distilled off. The residue is dissolved in methyl alcohol and the solution heated with sulfuric acid or with alcoholic hydrogen chloride. This treatment splits off any acids from the ecgonine and esterifies the carbozyl group. After dilution with water, the organic acids which have been liberated are removed with chloroform. The aqueous solution is then concentrated, neutralized, and cooled with ice, whereupon methyl ecgonine sulfate crystallizes. This is now benzoylated by heating with benzoyl chloride or benxoix anhydride at about 150 degrees Centigrade. Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or cocaine is precipitated. The cocaine is extracted with ether and the solution concentrated to crystallization. For the purification of cocaine, re-crystallization from a mixture of acetone and benzene is generally preferred. The total synthesis has been accomplished. 3. SOLUBILITY – 1 gm dissolves in about 600ml of water, 7ml of alcohol, 1ml of chloroform, 3.5ml of ether, and is very soluble in warm alcohol
4. USES – Cocaine was the first local anaesthetic to be discovered. At present, it is considered too toxic for any anaesthetic procedure requiring injection, but is still extensively employed for anaesthesia of the nose and throat. For this purpose, a 10% solution of the hydro-chloride is used. Cocaine is a central stimulant, but is never employed clinically for this purpose. Addiction and a certain amount of tolerance result from its use. Because of its properties, the sale of cocaine is prohibited in the Philippines.
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Cocaine also comes in the form of salt crystals, known as “crack” and usually sold in packets. This is the American counterpart of the local “shabu” or methamphetamine hydrochloride. iii. Marijuana (Cannabis sativa) 1 Plant – Marijuana is a seasonal plant grown from seed. Depending on soil and weather condition, it grows from 3 t o20 feet. The leaves come in clusters of 3, 5, 7 or 9 leaflets. The leaflets are elongated with the tip pointed and the sides serrated. 2. Manicured or grounded leaves and flowering tops – Although dried and grounded, they will retain their greenish color. 3. Reefers or cigarettes known as “joints” and other names – These are hand-rolled in cigarette paper, irregular and slim with both ends tucked in or twisted. iv. Synthetic drugs – having the same physiological action as a narcotic drug, such as methadone and Demerol. REGULATED DRUGS. These include self-inducing sedatives, such as seconbarbital, Phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt of barbituric acid: and salt, isomer or salt of an isomer, of amphetamine, such as Benzedrine of Dexedrine, or any drug which produces a physiological acting similar to amphetamine; and hypnotic drugs, such a methaqualone, nitrazepam or any other compound producing similar physiological effects. i. Barbiturates – Manufactured synthetically as salts of barbituric acid. All names of these drugs end in al, such as pentobarbital, seconbarbital (seconal), amobarbital, Phenobarbital, barbital, etc. NOTE: Under FDA law, it is illegal to sell these drugs without prescription. There in no illegal possession charge under FDA law, but under RA6425, there is such a violation. ii. Amphetamines – Stimulate the central nervous system and have the ability to combat fatigue and sleepiness. These are also known at uppers. Examples of amphetamines are Benzedrine and Dexedrine. iii. Shabu is the most widely known amphetamine in the country today. The compound (methamphetamine hydrochloride) is also known as “poorman’s cocaine”. The latter term however, is misleading because although cheaper that cocaine, shabu is nonetheless expensive as compared to other drugs such as marijuana or solvents. iv. Hallucinogens – These are the drugs that are capable of creating hallucinations in the mind of the taker. 1. Lysergic acid diethylamide – 25, commonly known as LSD 2. Other drugs falling under this category are DMT, STP, peyote and morning glory seeds.
b. Evidence handling. Physical evidence of various types can do much to augment the inevitable oral evidence in a prosecution involving drugs. The investigator should be constantly on alert to obtain physical evidence during an inquiry for presentation in court. i. Drug seizures. One officer, preferably the officer who made the seizure, should be detailed to take charge of the drug found. The following procedure should guide him: 1) Identify the seizure in some permanent way using indelible markings or non-removable labels or wax-sealed tie on tag.
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2) The identification should give details of the time, date and place of seizure, and the name of the owner or suspect where an arrest had been made. 3) The officer should complete the identification of the seizure by placing his initials or signature on the identifying label. 4) Where a suspect charged demands a sample of the seized drug for independent analysis, the desired sample should be place in a suitable container. This should then be sealed in such a way as to prevent tampering with, preferably with the signature of the suspect and the 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 seizures are later taken by another officer – as in during questioning – that drug is shown to suspect during questioning – that officer should continue the chain of identification by placing his initials on the label. 6) 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 receiving parties, should be maintained. 7) As soon as after seizure, the drug should be sealed in a container in such a way s to prevent loss or tampering 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. 8) The seizure should be retained by the officer in the area designated by his command, the security of which will satify the scrutiny of the court. 9) Where the nature of the seizure requires special storage conditions of facilities, this should be arranged and the security of the seizure maintained. 10) At the first opportunity, the officer should himself deliver the seized drug(s) to the laboratory for examination. 11)If the commitments of the officer holding the seized drug(s) are such that he cannot travel to the laboratory, he should hand the same to another officer who should make the delivery personally.
12) If personal delivery is not possible, the seized drug(s) should be carefully packed in a parcel which is then sealed. This should be adequately addressed and shipped by certified delivery mail. A separate letter should be addressed to the laboratory by the officer, fully describing the parcel, its contents, its seal the mode of shipment, with a request for a written receipt of the parcel from the laboratory. To minimize the number of witnesses called to prove the chain of custody, the letter should indicate that the parcel is to be opened only by the analyst who is to make examination. ii. Photographs. A permanent written record should be kept relating to photographs taken in the course of an investigation, noting the time, date and place of the photograph, its subject the weather condition at the time it was taken. The technician might also note details of film and camera operations. Several prints of each photograph should be obtained, and 50
on one copy, these details should be recorded together with the name of the officers who can “prove” the photograph. The other print copies e retained unmarked for possible submission to the court. Valuable corroborative evidence can be adduced by photographs of, for instance, a meeting between two offenders. iii. Court process. Many drugs seizures are made as a result of a raid covered by a search warrant issued by the courts. The warrant authorizing such search usually becomes an item of physical evidence in a subsequent prosecution. The investigator should hindered by a successful court challenge of the validity of the warrant because of the manner of its issue or execution. 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 regard to identification, and it is suggested that all under whose supervision this is done can later “prove” the original, particularly in cases where returned to a person for production later in court. v. Investigative records. Records in this particular category include: 1. Information on a suspect of drug movement. 2. Results of background inquiry on a suspect. 3. the log or running sheet kept on investigator and suspect movement during a surveillance or arrest. 4. Investigator’s notebooks. 5. Investigator’s diaries. 6. Investigator’s notes conversations, events or interviews. 7. Filed Tests. The test describes in the following pages are designed to give investigators emergency means of making on-the –spot tentative identification of samples seized or purchased during the course of investigations. Results obtained should not be regarded as final identification since a number of such drugs are marketed in combination with other chemicals from which they must be separated (by laboratory methods) before true results can be obtained. a. Care of Apparatus and Reagents. Reagents should be protected from excessive heat and light. Acid reagents should be stored in glass-stoppered bottles. Reagent stability should be tested from time to time with drugs of known identity. All apparatus 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 substances which also produce colors with this reagent. No confusion, however, should arise once the operator is familiar with specific colors given by the opium alfaloids. It is therefore essential that the test be observed with known samples before any unknowns are tested. b. Making the test. 1. Allow the reagent to drain to one end of the ample. 2. Break the ample between the fingers along the scored line. 3. Introduce a small bit of sample into the open end of one-half of the sample by scraping a cube or pinch of powder held between the fingers with a sharp edge. Tap the closed end so as to shake the sample further into the tube and thus bring it into contact with the reagent. 4. After the test, the ample should be rinsed with water before discarding. DO NOT THROW AMPUL IN WASH OR SIND. NOTE: The value of this test lies in the fact that a positive reaction indicates the presence of an opium derivative. A negative result does not rule out the possibility of the sample being a prohibited drug since cocaine, methadone, Demerol, dromoran, etc. 51
does not give positive results with this reagent. A suspected sample that gives a negative result should be submitted to the laboratory for examination. Marquis Reagent Drug Results Morphine Deep magenta – Deep Violet Heroin Deep magenta – Deep Violet Codeine Blue with violet cast Opium A dark purple Methadone No reaction Cocaine No reaction Apirin Colories – pink – deep rose Darvon Purple - red Amphetamine Orange – Orange with brown cast – Orange pale red Miltwon No reaction Librium No reaction A.P.C. Colories – pink – deep rose Tunial No reaction Chloral hydrate No reaction Phenobarbital No reaction Mescaline Green – changing rapidly to dark brown, slowly changing to brown with violet cast. c. Field Tests for Methadone: This narcotic drug, known also as Amidone, Dolophine and di-6 dimethylamined-4, 4diphenyl-3-heptanone hydrochloride, can be detected in the presence of some other drugs as well as inert diluents by employing the reagent and technique as set forth below. After solution is effected filtration of the sample is desirable but not essential to the success of the method, since insoluble substance such as starch, talc, etc. are not blue in color. Method Reagent: dissolve 1gm of cobalt acetated, nitrate or chloride and 1/5 gm of potassium thiocyanate in 90ml of water and 10ml of glacial acetic acid.
Test: Dissolve the sample in a minimum amount of water, Filter. Add 2 or 3 drops of reagent to the filtrate. Shake for about 1 minute. A blue precipitate indicates the presence of methadone. d. Filed Test for Cocaine, Demerol and Methadone: This field test for cocaine, Demerol and methadone was developed by the U.S. Customs Laboratory, in Baltimore, Maryland in 1961 and has been successful use since then. The field test is based on a modification of the will-known cobalt thiocyanate color test that produces a blue color in the presence cocaine. The customs filed test is a stable single-solution version of the thiocyanate test and is the most specific cocaine color test available at this time. The test set consists of 12ampuls in a packet and is similar in appearance to the Marquis Field Test set for morphine, codeine and heroin.
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The ampuls may be distinguished from the Marquis ampuls by the pink color of the cocaine reagent. The field test is not intended to replace more specific laboratory determination and should be used only as a preliminary test. Some non-narcotic substances, such as certain antihistamines, are known to give a color with cobalt thiocyanate. The test is simple to perform. The ampul should be broken at the point where the glass is scored and the powdered sample introduced into the end of the half of the ampul should NOT BE SHAKEN. A blue color is indicative of cocaine, Demerol or methadone, Cocaine and methadone give stronger blues that Demerol. For each of the three narcotics. The strength of their blue in the ampuls is proportionate to their active content. The ampul contains a dilute acid and should be discarded in a place where water can be used to dilute the acid. e. Field Test for Marijuana: NOTE: Do not rely on chemical tests alone. Always examine the materials with a microscope or hand lens. Cannabis sativa, or marijuana, can be quickly and positively identified by subjecting the sample to the following test: 1i Microscopic Using a magnification of approximately 30 diameters, the leaves small twigs, seed hulls and flowering tops exhibit a characteristics warty appearance due to the presence of noglandular hairs which contain at their base a spheriodal cystolith of calcium carbonate. The presence of carbonate may be shown by adding a drop of diluted hydrochloric acid to the slide and noting the effervescence. Many of the cystolithics hairs appear in the shape of bear slaws. The seed or fruit, deprived of its hull, under the same magnification, presents mottled effect and gives the viewer the impression he is looking at a hulled coconut or nutmeg. A comparison with an authentic sample is most desirable.
2 Chemical The Duquenois Test (Chemical Abstracts 32, 5993 – 1938) has been modified and the modification has been found to be the only satisfactory chemical test for the identification of marijuana. The chloroform soluble color developed in this test is due to the presence of tetra-hydrocannabinol which is the active principal of the marijuana plant. Reagents: Duquenois Reagent – Dissolve 5 drops of acetaldehyde and 0.4 gm of vanillin in 20ml of 95% ethyl alcohol. (this reagent may be kept for some time in glass-stoppered bottles in a cool dark place. It should be discarded after it assumes a deep yellow color.) -Add a pinch of suspected marijuana to a test tube containing about 2ml (one teaspoon) Duquenois reagent. -Add an equal amount (2ml) of concentrated hydrochloric acid. Stir with a glass rod or shake the test tube in a circular motion to mix its contents. CAUTION – Do not splash acid contents on body or clothing. Allow the test tube to stand for 10minutes, or until a color develops.
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-Decant the liquid into a second test tube. Add 2ml of chloroform. Stopper and shake. If marijuana is present, a violet or indigo-violet color will be transferred to the bottom (chloroform) layer. NOTE: Sage leaves, thyme, thymol, menthol, orcinol and some tobaccos give blue to purple colors with the original Duquenois test but negative test with the above modification. Colors other than violet or indigo-violet appearing in the chloroform layer should be disregarded. Seeds – When a sample consists entirely of seeds, their identity alone is not sufficient to bring them within the purview of the law, which techniques them to be fertile. To establish their fertility a number of the seeds should be placed in a suitable container with moist paper pulp or wet vermiculite, and placed in a warm dark place until germination takes place. When reporting a sample containing marijuana seeds alone, their fertility should always be stated. f. Field Test for Amphetamines: This field test for identifying amphetamines is useful in screening out caffeine, vitamins, saccharine or other substitutes proffered as amphetamines. Test Material – The test material consist of 2 or 3 drops of Marquis reagent (2 drops of 37% formaldehyde in 3 ml of concentrated sulfuric acid) in a small glass ampul. Test Procedure – Break the ampul at the scored center and place 1 or 2 drops of the reagent on the sample. This should be done on a glass ashtray, inverted tumbler, etc. Amphetamines react with the reagent to give a red-orange color, turning to reddish and then dark brown within 1 or 2 minutes. The reagent gives this characteristics color reaction when applied to white, pink, yellow, peach or green amphetamine tablets. The speed within which the color is formed appears to depend upon the hardness of the tablet. The red-orange color forms immediately of some tablets while with others it appears in 10 to 20 seconds.
Therefore, the critical period of color differentiation for amphetamines is within the first 20 seconds.. The peach-colored caffeine tablets give a color which might cause some confusion. The difference between the color formed by this tablet and that formed by a peach-colored amphetamine tablet seems to be more obvious if the tablets are crushed before the reagent is applied. Once the difference is seen, there should be no trouble in distinguishing one from the other. As indicated by the table below, the only materials which giver the same color change as amphetamine are the phenyl tertiary butylamine HCI tablets and the wyamine sulfate tablets. Both are similar chemically to the amphetamines. Amphetamine powder and tablets – Red-orange onset to reddish brown to dark brown within a couple of minutes. Caffeine powder and tablets -No color Methamphetamines and tablets -Red-orange onset to reddish brown to dark brown in 1 to 2 minutes. Phenyl tertiary butylamine HCI -Same color change as amphetamines Wyamine sulfate -Same color changes as amphetamines. g. Field Test for Barbiturates: For the tentative identification of the barbiturates, the Zwikker test is used. Zwikker test -An anhydrous methanol solution of the barbiturate upon the assition of several drops of cobalt chloride in methanol solution gives a bluish color which changes to dark blue upon being alkalized with a 5% isopropylamine in methanol. A compact kit which utilizes the Zwikker Test is manufactured by the Atkinson Laboratory, 33031 Fierro Street, Los Angeles, California. 54
Test Material – The Zwikker Test Kit consist of a small plastic bag containing three solutions in plastics dropping bottles and small porcelain spot plate. Solution #1 - Anhydrous methanol Solution #2 - Cobalt chloride dissolved in methanol Solution #3 - 5% isopropylamine in methanol. CAUTION: The above solutions are volatile and inflammable. They should be kept sealed. Test Procedure: 1. Place part of sample into spot-tester, (enough to cover letter “O” on a typewriter key). 2. Put two drops of solution #1 on sample in spot-tester. (Sample should dissolve.) 3. Add two drops of solution #2. (This may produce a violet or a blue color.) 4. Add two drops of solution #3. (If color deepens to a darker violet of blue,, this indicates presumptive presence of a barbiturate.) CAUTION: Do not let the dropper bottle touch the sample as the solution will become contaminated. Wash and dry spot-test plate after use. 5. Narcotics Death Investigation A common occurrence in the drug culture is the death of a user. Investigation of a narcotic death is divided into three (3) phases: the SCENE investigation, the MEDICAL investigation, and TOXICOLOGICAL investigation. An officer involved in such a case should determine the manner of death, that is, whether homicide, suicide or accidental. All of the factors and elements of the scene must be accurately and completely recorded. This will assist the medical examiner in determining the cause of death.
a. Physiological Effect of Narcotic Ingestion The ingestion of narcotics of dangerous drugs poisons the body. This poisoning effect will leads to a paralysis of the respiratory center of cause heart failure. This, then, will deny the body a sufficient amount of oxygen. The effects of a particular drug on the human body are often accompanied by evident or visible signs which remain after death and are available for the trained observer. These signs are result of symptoms experienced by the victim prior to death. Following is a partial listing of the more dangerous drugs, the minimum lethal dose, symptoms and cause of death: POISON SYMPTOM/SIGN MLD*CAUSE OF DEATH Codeine Nausea, dizziness, Constipation 800mg Respiratory failure Heroin and Morphine Sweating, loss Appetite, nausea (Vomiting), constipation, itching, thirst, cyanosis 0.25gm respiratory failure Barbiturates Lower body temperature, cyanosis, cold extremities skin rash, Constipation 1.6gm respiratory arrest of pneumonia Cocaine Nausea, vomiting, chills, sweating, thirst, convulsions 500mg circulatory and respiratory failure 55
Amphetamine Chills, sweating, diarrhea, constipation, nausea, vomiting, cramps, Thirst, convulsions, petechial hemorrhages *Minimum Lethal Dose for a 150-pound man. b. The Scene of Death i. During investigation of the scene, you should recognize and relate seemingly insignificant items or materials which would justify a conclusion of narcotic involvement. The following are just some of such items: 1) Paraphernalia (or “works”) – tools or implements used in administering narcotics. These may include the obvious syringe and needle, tourniquet, spoon or bottle top “cookies” and tinfoil packet. Also included are small balls of cotton, capsules and envelopes, and a book of matches. 2) Narcotic Medication - Laudenum, paregoric, codeine cough syrup, all utilized as “carryovers” until the next fix. 3) Maalox – Milk of Magnesia – Medication used to relieve nausea, vomiting, constipation, cramps or diarrhea 4) Absence of Nutritional Food – Loss of appetite is a symptom of poisoning. Presence of candy or soft drinks indicates low insulin count. 5) Body Fluids – Presence of urine, feces, mucus or vomitus on the scene may be evidence of the body attempting to rid itself of poisoned substance. 6) Clothing or Bed Linens – which may be seat-stained or soaking wet from the victim having hot and cold flashes, should be collected and analyzed. 7) Lack of Ordinary Cleanliness – Dependent user is not concerned in most cases with the environment or health, and this is shown by a neglect of both.
8) Wet body – Evidence of body being immersed in tub or shower or having ice cubes placed in underclothes or in private parts. It is a common mistake users make in thinking this helps in overdose cases. Salt water may also be injected into the victim. Hospitals use Narcan as antidote. 9) Nylon Stocking – Stretched over a hanger used as sieve. 10) Playing Card – with the powder, may have been used to “smack” (cut) heroin. The card is usually on top of a record album or similar. 11)Merchandise – Small items which are easily carried and disposed of after being stolen – radios, watches, portable T.V.s radios, etc. ii. Body Sign: 1. Cyanosis – Bluish discoloration of the face and/or fingernails due to insufficient oxygenation of the blood caused by increase in carbon dioxide in the body. 2. Petechial Hemorrhages – Pinpoint spots of discoloration resulting from capability ruptures due to pressure and generally observed in the eyes, eyelids, behind the ears and internally. 3. Form of Froth – Observed in mouth and nose, may be white or pinkish and caused by fluids entering the air passages. 4. Hematoma - A localized swelling on any part of the body caused by bleeding beneath the surface of the skin. This is caused by “skin popping” rather than by vein injections. 5. Needlemarks / tracks - Visual evidence of repeated intravenous injections. The tracks will follow a vein (except in “skin popping”) and result in a dark discoloration and eventual collapse of the vein. 6. Scar – Skin imperfection caused by the victim in removing needle mark scabs, added to uncleanliness of the victim. 7. Rash/scratched Skin – External body signs of morphine or heroin poisoning. When asphyxia is the cause of death, it is often accompanied by external body changes. These changes, visible to the naked eye, are not restricted to narcotic-ralted deaths and may be found in other asphyxia deaths, such as heart attack, drowning, hanging, etc. They must be noted, photographed and reported to the pathologist during the pre-autopsy interview. iii. Victim’s History 56
Historical date on the victim would include his criminal record (local, national and international); medical record (of a private doctor, hospitals, clinics, etc. and any mental treatment or attempts at suicide); social (relatives, friends, neighbors, co-workers); marital (past or present); and financial records. When interviewing users or person possibly involved in narcotics traffic, you should use straight language rather than attempt street talk because slang constantly changes,. You must determined the extent of decedent’s addiction, his familiarity with other drugs, whether he had steady source of the drugs or continuously shopped around, and other matters relative to his personal history. D. INVESTIGATION OF GRAFT AND CORRUPTION PRACTICE CASES. 1. Preliminary Statement -In the investigation of graft and corrupt practices cases, reference should always be made to Republic Act No. 3019 in relation to Republic Act No 1379. R.A. 3019 enumerates and defines those acts punishable under it whereas R.A. 1379 provides the procedure for the forfeiture of certain property in favor of the government.
Pertinent provisions of the above-sited laws include: “Whenever any public officer or employees has acquired is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. The Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a previous investigations in criminal cases and shall certify to the Solicitor General that there is reasonable ground to believe that there has been committed a violation of this Act (R.A. 1379) and the respondent is probably guilty thereof, shall file, in the name and on behalf of the Republic of the Philippines, in Court of First Instance (now Regional Trial Court) of the city of province where said public officer or employees resides of holds office, a petition for a writ commanding said officer or employee to show cause why the property aforesaid, or any part thereof, should not be declared property of the State: Provided, that no such petition shall be filed within one year before any general election or within three months before any special election. “The resignation, dismissal or separation of the officer or employee from his office or employment in the Government or in the Government-owned or controlled corporation shall not be a bar to the filing of the petition: Provided, however, that the right to file such petition shall prescribe after four years from the date of the resignation, dismissal or separation or expiration of the term of the officer of employee concerned, except as to those who have ceased to hold office within ten years prior to the approval of this Act, in which case the proceeding shall prescribe after four years from the approval hereof.” “If in accordance with the provisions of R.A.. 1379 a public official has been found to have acquired during his incumbency, whether in his name of in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouses and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income, shall likewise be taken into consideration in the enforcement of this contrary. The circumstances here in above mentioned shall constitute valid ground for the administrative suspension of the public official concerned for an indefinite period until the investigation of the unexplained wealth is completed. 57
2. Investigation of Unexplained Wealth. a. Information sheet (IS) of Subject. b. Records of incomes, allowances, per diems, etc. c. Statement of incomes, allowances, per diems, etc. d. Statement of Assets and Liabilities e. Records of real and personal property, such as lands, houses, vehicles, animals, shares of stocks, bonds and other investments, etc. (their acquisition costs should be determined) f. Income Tax Returns (all available) g. Bank Records where Subject has contracted loans. h. Savings and time deposits, and current accounts, as an exception to the application of the Secrecy of Bank Deposit Acts (RA 1405) i. Interviews of persons who can give information as to the property of Subject, their sources, whereabouts, costs, etc.
j. Follow up all leads, appearing in all the records, documents secured, as to Subject’s assets and liabilities. k. Others as indicated by the peculiar circumstances of the case. l. Explanation of the Subject if he so elect. 3. Formula in Establishing the Case. a. Determine the Subject’s asset and liabilities (net worth) before assumption of public office. b. Determine the Subject’s sources of income during his tenure of office. c. Determine the Subject’s expenses (to be deducted from his income) during his tenure of office d. Determine the Subject’s assets and liabilities (net worth) after his tenure of office. e. Determine the Subject’s increase/decrease in assets and liabilities (net worth) after his tenure 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 Subject’s income has increased and expenses constant, an increase in liabilities must be compared to the increase in income. Where the increase in assets far exceeds the increase in income, illegal 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 Practices. In the investigation of this kind of case, the investigators is advised to be guided by the provision of law involved, the elements of the acts complained of the sought to be proved. (See Section 3, para. A-k RA3019) 6. Investigation of Cases Re Prohibition of Certain Persons. As in the investigation of corrupt practices cases, the investigator should be guided by the pertinent provisions of the law (See Section 7, ibid). 7. Investigation of Cases Re Failure to File Statements of Assets and Liabilities. a. Certification from Department heads, or Office of the President, or Office of the Secretary of the corresponding House of Congress. b. Explanation of Subject (if he so desires.) E. INVESTIGATOIN OF CASES OF FALSIFICATION 1. Acts of Constituting Falsification under Art 171 of the Revised Penal Code. a. Counterfeiting or imitating any hand writing, signature or rubric. b. Causing it to appear that persons have participated in any act when they did not in fact so participate. c. Attributing to persons that persons have participated in any act of proceeding statements other than those in fact made by them. d. Making untruthful statements in a narration of facts. e. Altering true dates. f. Making any alteration or intercalation in a genuine document which changes its meaning. 58
g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. 2. Specimen or Standard Writings. To prove falsification, it is usually necessary for an investigator to secure a specimen of the suspect’s handwriting for comparison purposes. There two (2) classes of specimen or standard writings. One consists of writing or printing executed form day to day in the course of business, social or personal affairs. Such standards may be referred to as collected standards. The second class consists of specimens of person’s writing or printing executed upon request of the investigating officer for the sole purpose of comparison with the questioned documents and is generally known as requested or dictated standards.
a. Procedure for Obtaining Collected Standards: i. Obtain at least 15 to 20 genuine signatures. ii. If investigation is about other specimens of handwriting or hand printing, secure at least 4 to 5 pages of handwriting or hand printing. iii. Procure ink signature for comparison with questioned ink specimens and pencil standards for comparison with questioned pencil specimens. iv. Secure, when available, genuine signatures used for the same purpose as the questioned documents. v. Supplement standards with the signatures for different purposes. vi. Procure standard signatures of approximately the same date as the disputed documents. vii. If questioned signature was written under unusual conditions, attempt to obtain some specimens which were executed under similar conditions. viii. Secure, whenever possible, some signatures written on forms or paper of the same size as the questioned documents. b. Procedure for Obtaining Requested Standards: i. Obtain at least 25 to 30 specimen signatures. ii. If inquiry pertains to extended handwriting or hand printing, dictate at least 5 to 6 pages of material, including approximately one page which is repeated three (3) times. iii. If possible, have writer make out specimen checks or receipts aside from his signature. iv. If questioned signatures are in ink, have suspect write with a pen; if in pencil, with a pencil v. Require suspects to write each signature on separate sheets of paper or form. vi. Provide paper forms of the same size, shape, composition and ruling as the questioned document. vii. Whenever possible, always interrupt preparation of standards once or twice or rest periods. viii. Provide normal writing conditions. If questioned writing is known to have been executed under unusual conditions, obtain some standards under similar conditions. c. Sample model for Requested Handwriting standards: “Our London business is good, but Vienna and Berlin are quiet. Mr D Lloyd has gone to Switzerland and I hope for good news. He will be there fo a week at 1496 Zermottt St., and then goes to Turin and Rome and will join Col. Parry and arrive at Athens, Greece, Nov. 27th or Dec. 2nd. Letters there should be addressed: Kind James Blvd., 3580. we expect Chas F. Fuller Tuesday. Dr. L. Moquiad and Robt. Unger Esq., left on the Y.G. Express tonight.” F. HOMICIDE (Generic) INVESTIGATION 1. Places of Importance. a. The crime scene. Make a methodical and thorough search b. Avenues of approach. How did the killer(s) arrive? c. Avenues of escape. Investigate and search along this route. d. Places where victim was seen immediately preceding his death. Who was he with? What he doing? Was this Customary? Get the time. e. Places where suspect claims he was; places where he was seen prior to, during and after the crime was committed for the purpose of checking his alibi. 59
f. Places where evidence can be found. Weapons or poison, 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 alive 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 a. Victim. What is his history? His relationship with other people? b. Witnesses. Get their statements without delay c. Suspects. Eliminate them if there is absolutely evidence against them, or thoroughly tie them to the case by penetrating investigation. d. Person who reported the crime. Remember that he probably has key information. Check out his statement. e. Alibi witnesses. Exhaustive interview is necessary. Check and recheck their stories. Let them account for their time. Background investigation may necessary. f. Persons who stand to gain by the death. This is touchy thing. Be circumspect in your approach. g. Relatives and other sources of information. 4. Things of Importance. a. Body of the deceased. b. Belongings of the deceased. Here, we may find motive. c. Items of evidence should be legally obtained and carefully preserved. d. Weapons of transportation. e. Means of transportations f. Sounds, shots, screams, arguments, or falling 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 kill his own father. f. Parricide – The act of one who murders a person to whom he is related 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. i. Uxoricide – Act of one who murder 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” n. Homicide – Not the killing of a homosexual but a misspelling of homicide. 6. Time of Death Estimates in Homicide Investigations. a. Algor Mortis (Body Cooling) i. General Rule: 1.5 degrees per hour – when room temperature is about 70 degrees. Dr. Simpson: 25 Degrees an hour for the first 6 hours, and an average of 1.5 to 2 degrees an hour over the first 12 hours. Dr. Rhodes, Gordon and Turner: 1.5 degrees for the first 12 hours and 1 degree for the next 12 to 18 hours.
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ii. Factors: Body temperature at the time of death; body size (fat, slower, child, faster; etc.); clothing or covering; environmental temperature (wind and high humidity increase evaporation of water and hasten cooling); immersion in water (good conductor). b. Rigor Mortis (Stiffening of Muscle Tissue) i. General Rates (Average clothed adult; observable in small muscles first); Detected within 2 to 4 hours. Completed within 6 to 12 hours.
Remains for 12 to 18 hours. Begins to leave within 24 to 36 hours. Gone by 40 to 60 hours. Exceptions: There temperature at death: high/low environmental temperature (heat hastens, cold retards); strenuous muscular activity; emotional excitement. c. Livor Mortis i. Rate: Visible – ½ to 4 hours Well-developed – 3 to 4 hours Maximum – 8 to 12 hours ii. Factors: Circulatory failure (Stagnation; skin livid prior to death); chronic anemia or acute blood loss (lividity less marked); carbon monoxide poisoning; cyanide poisoning; case of rapid cooling (water); “Tradieu’s Spot” petechiate (over-congestion of blood in capillaries). 7. Basic Outline for Homicide Investigations. a. Record the time the call was received as well as the time of arrival at the scene. b. Ascertain if victim is still alive. Record all first impressions of the scene. c. IF THE VICTIM IS ALIVE, GIVE FIRST AID. d. IF THE VICTIM IS ALIVE AND CONSCIOUS, TRY TO GET A DYING DECLARATION. i. The declaration must be made under the consciousness of an impending death. The declarant must have abandoned all hope of living. If possible, the investigator should ask the following questions and tape the question and the answer of the victim, or at least obtain a signed statement to that effect, in the presence of witnesses, if possible. It is enough that the declarant believes that he is dying, when he makes the declaration. 1. What is your name and address? 2. Do you believe that you are about to die? 3. Do you have any hope of recovery from the effect of the injuries you have received? 4. Please tell me how you received the injury from which you are now suffering 5. Please give me the name and description of the person who did this to you and why he did it. ii. The statement pertains to circumstances surrounding the attack, that is, the identity of the assailant, the plate number of the suspect’s vehicle, etc. iii. The dying declaration is sought to be used in a case where the death of The declarant is the subject of injury. e. Be objective, calm and use your brains. Remember that if the victim is dead, there is nothing you can do for him, so gather your wits and think through each step before you take them. f. Protect the crime scene by: i. Limiting the people present. ii. Putting one person in complete charge of the crime scene. All officers should report to him and ask for orders. iii. Protecting footprints, fingerprints, blood stains, etc., from injury by placing evidence tags on, or officer near, the evidence to ensure that it will not be destroyed. g. Do not remove anything until its location and position has been noted and photographed. The position evidence should be located by some accurate means of measurement. h. Do not untie knots in ropes and similar items of evidence. If the victim is found hanging, pay particular attention to the direction of fibers on the rope. Is there a worn spot over a branch or rafter? 61
i. Designate one person to pick up all the physical evidence. No one should touch or move anything until after the fingerprint man and criminologist have finished their tasks.
j. A systematic, detailed search of the crime scene should be conducted. After this search, have another team re-search the area. This is done under the theory that one person might see items of evidence that could have escaped another person. k. Color photographs should be taken as well s black-and-white. l. Look for physical evidence that will tend to prove the elements of the crime you are investigating. m. Look for unusual odors, symbols, fetishes, rituals. n. When the body is finally moved, attention should be given to the area beneath the body. o. While moving the body, use a rubber sheet to prevent contaminating the crime scene with spilled blood. p. Conduct a careful inspection of a dead person holding a gun. (The hand of dead person usually has no gripping power. Therefore, if the gun were placed in the hand after death, it may have been placed in an unnatural position (Cadavaric Spasm). q. Note the condition and types of food at the crime scene as the pathologist may be able to use this information in determining whether the victim’s last meal was eaten at the crime scene. r. The course and direction of each bullet should be determined. This applies to the trajectory of the bullet through the body as well as the trajectory of the bullet through solid object at the crime scene. s. If all slugs are not removed at the crime scene, have the body X-rayed. X-ray is excellent for determining the distance of fire from patterns and shows the trajectory of the bullet through the body. t. Take photographs of all bystanders. These may be helpful later to identify possible witnesses or subject (who sometimes DOES return to the crime scene). u. Try to: i. Determine if any of the victim’s property of money is missing. ii. Record the color of blood stains (bright red, reddish brown, brown, black or almost black) iii. Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry around the edges) of an estimate of time of death. iv. If the blood is wet, see if a paper clip will separate the stain as it goes through or if the blood will flow together again. v. Note the size, dimension and location of blood drops. vi. Determine the direction and distance of blood drops. vii. Enter in your notebook details of the test to determine whether the victim is still alive. Records if the body is cool to touch, warm, etc. viii. Record the weather, as well as weather changes (sunny to cloudy or vice-versa) ix. Talk to everyone with whom the suspect has talked to. x. Look for weapons which could have inflicted the wounds. xi. Obtain soil samples (double handfuls) at ten-foot intervals when appropriate in circles around the body and the scene. xii. Take samples of other items for exclusionary purposes. xiii. Obtain botanical samples when necessary. xiv. Take a temperature reading of the scene. If the body is submerged in a bathtub, record the temperature of the water at the time of your arrival. v. If it is necessary to cut off the victim’s clothing, the cut should not be done through bullet or knife holes. Where possible, cut the clothing along seams so that the clothing can be restored to approximately its original condition. w. The spatter pattern of blood spots should be noted sits is: i. An aid in determining if the object or persons was in motion when the blood spattered. ii. Possible for an expert to tell you how the crime was committed as indicated by the blood spots. iii. Possible to trace every spot to its origin by observing its characteristics. iv. Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a weapon, or it was created by some other weapon. x. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs, telephone, doorknobs, etc. 62
y. When fingerprints an object which has a dark color, consider using fluorescent powder 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 CONSTITUTIONAL RIGHTS UNLESS HE IS TO BE QUESTIONED THERE IMMIDIATELY FOR EVIDENCE OF HIS OWN GUILT TO BE USED AGAINST HIM IN COURT. b. Obtain the following evidence from the suspect: i. The suspect’s clothing should be photographed, marked, and sent to the laboratory. ii. Any scratches on the suspect should be photographed. iii. Fingernail scrapings should be obtained. iv. Take blood samples from the suspect in a medically approved manner and with proper legal justification. 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’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 examinations. c. Never take suspect or a subject to the crime scene in the clothing he was wearing at the time he was arrested. (This includes shoes.) The defendant’s lawyer may later claim that the clothing was contaminated at the scene of the crime. d. Attempt to ascertain the following: i. The suspect’s mode of living as compared to the amount of his income. ii. The suspect’s mode of living before the crime as compared to his mode of living after the crime. (Compare his financial condition before the crime with his financial condition after the crime) iii. Compare his behavior before the crime with his behavior after the crime. e. The interrogation of the suspect should cover all of the elements of the alleged offense and the interrogator/investigator should ascertain if the defendant knew nature and consequences of his acts. f. Make a methodical and complete check of any suspect’s alibi. (If consider him to be a good enough suspect to spend valuable time talking with him, then it is worth taking the time to check his alibi.) 9. Body and Post Mortem a. Someone should be designated to accompany the body from the scene to the autopsy. If the victim is alive, a dying declaration can be taken reroute to the hospital. b. An investigating officer should remain at the autopsy to prevent the embalming of the body and to prevent anyone from touching or removing any of the clothing form the body until the pathologist arrives. He should also be able to make a detailed report to the homicide commander regarding the findings of the pathologist. He will be expected a convey details of the crime scene investigation to the pathologist and, if the defendant has made a statement that the victim was in a certain position, this should be related to he pathologist. c. Whenever possible, request that a crime laboratory technician attend the autopsy. The technician, the detective and the pathologist can contribute a great deal to the successful outcome if they share their knowledge at one of the most important stages of the investigation – the autopsy. d. The photograph of the position of the body at the crime scene can be valuable 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 photograph. e. At the autopsy: i. Obtain a blood sample form the victim.
ii. Collect the victim’s clothes, mark, and preserve them as evidence. iii. Take fingernail scrapings from the victim if not previously done. 63
iv. Ask the laboratory technical to check wounds 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. (Pay specific attention to the amount as the amount may be indicative of more than one act of intercourse.) vii. Check the breasts for saliva in rape with murder cases. viii. Check for bloody fingerprints and other evidence on the body of the victim. ix. Have the victim finger-, palm and footprints. x. Take color and black-and-white photographs. (Scale photographs of some of the injuries should be made.) xi. Rectal temperature should be taken. xii. Teeth mark impression should made where applicable. xiii. Have the laboratory technician check the body for powder burns and residue. xiv. Ask the pathologist for an opinion regarding the suddenness of death, time of death, the possibility of movement after death, the sequence of shots, the direction and possible trajectory of the bullet, ect. xv. Look for wounds in the eyes, hairy surfaces, mouth, ears, nose rectum, vagina. xvi. Consider utilizing X-ray techniques to establish the depth of stab wound and the shape of the instrument inflicting the injury. xvii. In stabbing cases, have the body X-rayed for a possible broken tip from the weapon, where applicable. xviii. Obtain body organs in case of death by poisoning. xix. Take feces sample when needed. (Death after act of sodomy, necrophilia, poisoning) xx. Be ready to give the pathologist detailed information from the scene. xxi. Remove the victim’s rings and other personal property. 10. Follow-up Investigation. POLICY RELEASES NO INFORMAION TO THE PRESS. POLICE HERE SHOULD BE ST BY THE CHIEF OF YOUR OFFICE. a. Eventually, it may become necessary for the homicide investigator to produce witnesses, preferably close friends or relatives of the victim, to identify the victim in the presence of the pathologist. b. Keep witnesses separated so that they will give you truthful accounts of what they personally observed, rather than an account of what they were convinced they saw by the strongest personality among them. c. Methodically interview residents in the area and record the interviews by using a tape recorder or by taking notes. Record these even though the information may be negative. (If something is worth doing, it is worth reporting) d. When a “stand-up photograph” of the victim, clad in the clothing he was wearing at the time of the offense, is not available to show to witnesses, considering using a photograph of a mannequin dressed in the victim’s clothing or similar with a photograph of the victim’s face super imposed on the mannequin. e. Photographs must be scrutinized for clues and leads that were missed at the initial search. (Also check for reversed negative). f. A communication center should be established for the investigation and for the collation of facts and evidence. g. Check the victims and the defendant’s toll calls. (Records of toll calls are usually retained for approximately three months by the telephone companies. h. Attempt to reconstruct the movements of the murderer. i. Return to the scene of the crime at the time of day the crime was committed for at least a week, perhaps even an hour or so before, to check for possible witnesses (As we are all creatures of habit, possible witnesses and suspects can be located through this technique.
j. Present photographs and crime reports to several psychiatrists to ascertain what type of person would commit such a crime. A consensus regarding the type of person by the psychiatrists will furnish investigative leads. Is motive obvious? k. Read the newspaper articles regarding the crime and maintain a files of these articles. You may obtain some valuable ideas or investigative leads. 64
l. Consider the use of bloodhounds in appropriate cases. When the qualifications of a bloodhound to trail human beings has been proven and there is evidence tending to show the person charged was in the area of the homicide, evidence that trained bloodhounds found by following a trail to the defendant is admissible. (Hodge v. State 98 Ala 10, 13 So 385; Richardson v State Ala 46, 41 So 82). The qualifications of a bloodhound to follow the trail of a human being are sufficiently established by the testimony of his owner, detailing the method used in training the door; the length of time it had been trained; its aptness, accuracy, and dependability; and that he had purchased both the father and mother of the four as full-blooded pedigreed bloodhound. (Bullock v. Com 249 KY 1 60 SW (2d) 108) Evidence is admissible in a prosecution for homicide that on being started from the scene of the crime, which had been protected from subsequent intrusion, a dog which had been qualified trailed the home of the accused. (Ibid.) m. Schedule frequent meetings for all persons assigned to the investigation. At these meetings, discuss all of the leads and the suspects. It is strongly suggested that the discussion be recorded or that a secretary take a shorthand record and that a typed transcript of the discussion, the recommendations, and the assignments be furnished to each member of the team. 11. Court Preparation a. Have a diagram of the crime scene and the location of all evidence b. Make a list of 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 defendant? 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 regarding who issued the threats? d. A color film of the untouched crime scene can be very helpful in conveying to the injury exactly what the officers observed. e. Review everything, including testimony, with the prosecutor before trial. f. Review with witnesses their testimony to refresh their memory. G. INVESTIGATION OF KIDNAPPING FOR RANSOM 1. Precautions a. Avoid any indication that law enforcement officers have been informed of the kidnapping. b. Avoid publicity of any kind. Knowledge on the part of the kidnappers that the police are working on the case or that it has become public 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 kidnapping, and not an ordinary “missing person” case, investigation especially those relating to the identities of the suspect, their associates, their habits, activities and movements, their physical descriptions, 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 immediately be taken to legally record all telephone conversation with any member of the kidnapping group. b. Make necessary legal arrangements to trace calls made by the kidnappers. 65
c. Covert surveillance of all places where telephone calls were made should be conducted. Instruct the victim’s relatives to prolong the conversation with the kidnappers to get as much information as possible (such as background noise, intonation, peculiarity of speech, caller’s age, sex, exact words used, etc.) without, however, inviting suspicion that the relatives are acting upon orders of the police. d. KIDNAP CALL REPORT If you received a kidnap call: i. Try to signal someone to listen an another extension. ii. Keep the caller online for as long as possible iii. Do not antagonize the kidnapper iv. Give the kidnapper a code word for later identification. v. Ask: Vitim’s name Where and when seized Victim’s code name vi. Ask to speak to the victim vii. Make a written record of it: Caller’s age Sex Mental State Peculiarity of speech (lips, accent, etc.) Exact words used Time call was received. Extension received on viii. Notify security office at once. ix. Tell no one else about the call. It is good practice to keep a form such as this near every telephone In your organization to ensure that a kidnap call is handled in the right manner, no matter who receives it. 3. When Demand is in Writing Demand for ransom made in writing calls for a careful handling of the written communications for possible lifting of latent fingerprints. Hold the letter by its edges and save the envelope 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 victim is still alive. b. Victim’s relatives may ask the kidnappers to reduce the amount of the ransom. 5. Agreement re Amount, Place, Manner of Delivery of Ransom Money. a. Denomination and serial numbers of the bills must be recorded. b. The designated place for the delivery of the ransom should as much as possible be place under surveillance is such a way as to avoid possible detection. The purposes of the surveillance are: i. To be able to tail the suspect(s) in the hope that he (they) will lead the officers to the hideout ii. To identify the kidnappers for the follow-up investigation. The question of whether or not the suspect(s) should be arrested once the ransom money is picked up would depend on the attendant circumstances and the wishes of the relatives of the victim.
As much as possible, the person instructed to deliver the money should be provided with appropriate equipment or facilities (like wireless transmitter or beeper) to able to communicate with law enforcement of officer working on the case at any time while undertaking his mission and thereafter. c. The kidnapper’s demand and instructions as to time, place and manners should be strictly followed. 6. If victim has been Returned. a. Conduct the necessary investigation for the identification and arrest of the kidnappers. b. At this stage, all investigative techniques likely to lead to the identification and arrest of the kidnappers should be utilized. 7. The Kidnap Victim’s conduct. 66
There are no rules of conduct that a kidnap victim can follow which will assure his or her release of human 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 you can bout your surroundings. e. Leave your fingerprints around the room in which you are held. f. Listen carefully to all conversations of the kidnappers among themselves. g. If the police assault the building in which you are held, drop the floor and use any cover you may 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. H. ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION A. Estafa and Bouncing Checks 1. Elements of Estafa. a. That the accused defrauded another by abuse of confidence, or by means of deceit. i. This element 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: ii. By means of false pretense or fraudulent acts. iii. Through fraudulent means. These three may be reduced to two only. The first form under subdivision (i) if known as estafa with abuse of confidence (the abuse of confidence takes the place of deceit), and the second and third forms under subdivisions (ii) and (iii) cover estafa be means of deceit. b. That damage or prejudice capable of pecuniary estimation is caused to the offended party of a third person. This element is the basis of the penalty. It is necessary that the damage or prejudice e capable of pecuniary estimation because the amount of the damage or prejudice is the basis of the penalty for estafa. c. Elements of estafa with abuse of confidence. i. That there be a false pretense, fraudulent act of fraudulent means. ii. That said pretense, fraudulent act of fraudulent means be made or executed prior to or simultaneously with the commission of the fraud.
iii. That the offended party relied on the false pretense, fraudulent act or fraudulent means, that is, he was induce to part with his money or property because of the false pretense, fraudulent act or fraudulent means. iv. That as a result thereof, the offended party suffered damages. d. Estafa through falsification of public or commercial documents. When the offender commits on a document any of the acts of falsification under Article 171 of the Revised Penal Code, as a necessary means to commit another crime, like estafa, theft or malversation, the two crimes form a complex crime under Article 48. the document, however, must be public, official or commercial. If the falsification is committed to hide the crime of estafa, there are two separate offenses of estafa and falsification. e. Payment made subsequent to the commission of the crime of estafa does not extinguish criminal liability or reduce the penalty, nor does it alter the nature of the crime. 67
2. Estafa through Issuance of Postdating of Check 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 issuance 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 sufficient 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 simultaneous obligation. So, if it was issued in payment of a preexisting 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 checks were intended merely as promissory notes, there is also no estafa. d. Good faith is a defense regarding the issuance of such checks. The payee’s knowledge that the drawer has no sufficient funds to cover the postdated checks at the time of their issuance negates estafa. e. Issuance of the check must be a MEANS to obtain a valuable consideration from the payee (offended party) 3. The Bouncing Check Law (Batas Pambansa Blg 22) Acts penalized under BP22 are: a. The making, drawing or issuance any check to apply on account of for value, the drawer knowing at the time of issue that he does not have sufficient funds in or credit with the bank to pay the check in full when it is presented for payment. The check is dishonored had not the drawer, without any valid reason, ordered the bank to stop payment. B. Bank Fraud Investigation 1. Preliminary Steps: a. There must be a complaint b. Ascertain the possible crime committed. c. Determine the particular bank transaction(s) involved. 2. Investigative Steps. a. Determine what document(s) is/are needed to prove the offense, if any. b. Determine where and how to get them c. Get the document (physically) by electrocopying, photographing, etc. without delay. d. Evaluate and analyze the documents probative value. e. Determine the person(s) to be interrogated.
f. Study and formulate the mode and scope of the interrogation. This includes confrontation and identification of documents by the person(s) under interrogation. g. Verity and follow up leads furnished by the person(s) interrogated h. Apply standard investigative techniques. i. Collate and evaluate evidence techniques j. Prepare the report. 3. Documents Involved in Particular Bank Transactions. a. Foreign Letter of Credit (L/C): i. Application and agreement for commercial L/C ii. Firm offer or pro form invoice or cable quotation. iii. The Letter of Credit itself. iv. Offering ticket. v. Official receipt (for marginal deposits) vi. Check (used in making marginal deposits) vii. Cable ticket viii.Credit/Debit advice ix. Insurance policy x. Bill of lading xi. Certification issued by the Bureau of Customs 68
xii. Certification issued by the Central Customs b. Telegraphic Transfers: i. Application for purchase of foreign exchange for miscellaneous purposes. ii. Evidence of indebtedness to support the application (such as invoice, statement of account, and other shipping documents) iii. Certification issued by the agent’s bank iv. Debit ticket v. Cable advice vi. Telegraphic transfer. c. Real Estate Mortgage Loan: i. Loan application. ii. Torrens Title and/ or Tax declaration iii. Inspection and appraisal report iv. Credit investigation report v. Loan approval memorandum vi. Promissory note. vii. Real Estate Mortgage contract. viii.Deed of Sale of the property used as collateral ix. Board minutes relative thereto x. Check used in the withdrawal of the loan. NOTE: In case the proceeds of the loan were deposited in a Saving Account, also ask for the following documents. d. Encashment of Out-of-Town Check: i. Check ii. Remittance slip (prepared by the bank which honored the check for encashment) iii. Teller’s block sheet (prepared by the bank which honored the check for encashment) iv. Clearing and distributing clerk block sheet (prepared by the bank which honored the check for encashment). v. Accountant’s block sheet (prepared by the bank which honored the check for encashment) vi. Monthly reconciliation statement (prepared by the Head Office of the bank which honored the check in question.
e. Time Deposit: i. Deposit slip ii. Certificate of time deposit. iii. Check used iv. Teller’s proof sheet v. Teller’s daily record of deposits. vi. Check register vii. Individual ledger card viii.Withdrawal slip ix. Books of accounts x. Specimen signatures card. f. Demand Draft: i. Application ii. Demand draft iii. Cashier’s Check g. Trust Receipt i. All documents needed re foreign L/C ii. Invoice (only in case of domestic L/C iii. Draft iv. Trust receipt h. Over Draft Line: i. Agreement for advances in current account ii. Bank resolution iii. Collaterals used; that is, either the Real assignment of deposit. 69
iv. Check used by the bank client Estate Mortgage or i. Domestic L/C: i. Invoice ii. Draft or promissory note. iii. Trust receipt j. Cashier’s Check: i. Application ii. Cashier’s check iii. Check used, if any (Sometimes, applicant cashier’s check) uses checks in buying 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 signatures card vi. Debit and credit advice vii. Affidavit of the real payee viii.Return slip ix. Blue paper (the schedule of receipts of collection items( x. Deposit slip NOTES: 1. Money market – This is one kind of bank transaction wherein a particular bank will issue a promissory note I favor of another bank 2. Call Slip – is a debt and credit ticker authorizing the Central Bank to pay a certain bank chargeable against the account of another bank
3. Demand Draft – is a bank transaction wherein a client of a bank will buy or purchase a demand draft to be presented to its branch. 4. Draft – is a promissory note signed by the client of the bank 5. Out-of-Town Check – is a check being presented for encashment before any bank located not within the territory where the issuing bank is located. I. ARSON INVESTIGATION A. Arson Investigation 1. Law and Jurisprudence The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal Code, as amended by PD No. 1613, PD No. 1744, and RA 6975, Sec. 54 which provides that the fire bureau shall have the power to investigate all cases of fires and, if necessary, file the proper complaint with the City/ Provincial prosecutor who has jurisdiction over arson cases. a. Elements of Arson: . Actual burning took place. . Actual burning is done with malicious intent . The actual burning is done by person(s) legally and criminally and criminally liable. b. Art. 326-B, RPC – Prima Facie Evidence of Arson – Any of the following circumstances shall constitute prima facie evidence of arson: . If after the fire, materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire or ashes or traces of any of the foregoing are found. 70
. That substantial amounts of inflammable substance or materials not necessary in the course of the defendant’s business were stored within the building; and . That the fire started simultaneously in more than one part of the building or locate under circumstances that cannot normally be due to accidental or unintentional causes: Provided however, that at least one of the following is present in any of the three above-mentioned circumstances: c. That the total insurance carries on the building and /or goods is more that 80% of the value of such building and/or goods at the time of the fire: d. That the defendant after the fire has presented a fraudulent claim for loss. The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended by RA 5467) e. Sec. 6 PD1613 – Prima Facie Evidence of Arson – Any of the following circumstances shall constitute prima facie evidence of arson. These are in addition to those enumerated under Art. 326-B of the Revised Penal code: . If the fire started simultaneously in more that one part of the building or establishment. . If substantial mounts of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use. . If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith, or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, of ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property. . If the building or property is insured for substantially more than its
actual value at the time of the issuance of the policy. . 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. . If shortly before the fire a substantial portion of the effects insured and stored in the building or property except in the ordinary course of business . If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim. f. Sec. 4, PD 1613 – Special Aggravating Circumstances in Arson -The penalty in any case of arson shall be imposed in its maximum period: i. if committed with intent to gain: ii. If committed for the benefit of another; iii. If the offender is motivated by spite or hatred toward the owner or occupant of the property burned; iv. If committed by a syndicate The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons. g. It is a well-settled principle of criminal law that a conviction for a crime cannot be unless the corpus delicti is established. (State v. Sullivan, 17 L.R. 902). To establish the corpus delicti in arson, the proof of two elements is required: 1. The burning of the house or other thing, and 2. The criminal group that caused it. (Spears v. State, 16 LRA (N.S.) 285; people v Ong Chiat Lay, 60 Phil. 788). 3. Preliminary Investigation. a. Examination of the fire scene. i. Examination should be thorough. ii. Establish the corpus delicti by eliminating all natural or accidental causes. b. Take photographs of the following: i. Exterior elevations ii. Identification of the property 71
iii. Out-building and grounds. iv. Interior of the building, room by room, in logical sequence. v. Evidence, prior to removal, in close-up and wide angle shots. vi. Travel of fire and to burn or reduce to charcoal. c. Sketches i. Before the fire: A sketch is made to assist firemen and investigators in presenting a clear picture of the involved building to the court. The sketch may be approximate or accurate, depending upon the ability of the investigator, it should show clearly the rooms, halls, closets, doors, windows and stairs. Its should show utility leads into the building. In commercial or industrial buildings, the sketch should locate the standpipe, audible alarm bell, elevators 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 position thereof. (See also Chapter 2 re Sketching the Crime Scene…) d. Laboratory (See also Chapter 6 re Scientific Aids to Criminal Investigation) i. Evidence must be collected, identified and preserved and then transported to the laboratory in the best possible condition. Every effort should be made to prevent contamination of materials secured as evidence. Containers for evidence may consist of heavyweight plastic bags of various sizes, clean glass mason jars with rubber washers and screw tops, metal cans with clean pressure or plastic lids, clean glass bottles with screw caps, and card-board or plastic boxes of assorted size.
ii. Evidence containing latent prints should be protected so as not to smudge or destroy the prints. iii. A letter of instruction should be sent to the laboratory with the evidence, describing the same and what the investigator expects the laboratory technician to recover via the various laboratory processes. e. Preliminary interview with the owners/occupants. This interview is conducted to ascertain the names of owners/ occupants, insurance date, employment, etc. Warning: Nothing should be said or implied during this interview to indicate any suspicion toward the person preliminary contacts may provide a possible clue as to an accidental fire, or leads on possible suspects and motives. f. Insurance i. The insurance agent of broker will provide the name of the company(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 information regarding the loss. He can also supply any statements 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 provided 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 interest insurance company(ies) to withhold payment during the course of the investigation. g. Neighborhood inquiry When conducting a neighborhood inquiry, interview persons in a wide area of 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 observed and other pertinent facts. Interview the person who turned in the alarm. Obtain observation from neighbors concerning the fire, prior to, during and after the fire. Ascertain the relationship of the owners(s)/ occupants(s) with the neighbors. Witnesses may be able to provide information relative to the insured’s 72
domestic life, financial condition, anticipated sale of the property and problems with the property such as flooding, heating, change of routes, etc. it is sometimes useful to take statements from any witnesses who appear to be hostile or who may later change their testimonies. Remember you are seeking information. Do not divulge information to witnesses. h. Public records. i. Legal records: deeds, mortgages of real estate and chattels; liens, encumbrance; local and national taxes; hospital and mental records. ii. Financial and credit information: building and loan associations: credit bureaus: charge accounts; public utilities, i.e., gas, water, electricity, telephone; servicemen, i.e., newsboy, milkman, etc. iii. Employment records, military records, school records, juvenile court records.. 3. Questioning Principal Suspects. a. Prior preparation will determine when the investigator should conduct the initial questioning. All background information pertaining to the suspect and the matter under investigation should be known to the investigators prior to the interview. Principal witnesses should be questioned separately. The fewer the investigators present at the interview (two is an ideal team), the more prone the suspect will be to divulge information.
b. Statements. i. Tape-recorded statements should be made on a permanent recording, for their preservation, to forestall any alterations, nd to ensure their availability to the court if necessary. Once started, a tape recorder should operate continuously. If for any reason the recorder is shut off, the subject should be made aware of this, and when the recording is resumed, the reason for shutting off the recorder should be noted and the subject should be asked if he was promised any reward, threatened, or forced to continue his statement. ii. When shorthand notes are being taken, the stenographer should be introduced to the subject. Some investigators request the subject to initial all pages of the shorthand notes. iii. Statements may be narrative or question-and-answer type. There may be times when the subject will write his own statement, and this is desirable. iv. Statements should contain a complete personal history of the principal subject, associates, complete and accurate account of the purchases, lease of rental of the involved property, any strikes, personnel problems, loss of business, neighborhood change, highway changes, inventory, a complete account of his activities, prior to, during and after the time of fire, etc. 4. Motives. It is not essential to prove motive in obtaining a conviction for the crime of arson. Establishing a motive does help in providing the reason why the suspect committed the crime. The following motives for setting fires are well-known to investigators and are self-explanatory. a. Fraud b. Spite – Revenge c. Cover up a Crime d. Vandalism – Riots e. Pyromania f. Juvenile delinquency 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 list the following. a. Owner – his /her name and present addresses b. Occupants – theirs names and present addresses. c. Date and hours of fire. d. Location of fire, street address, city or municipality, province. 73
e. Person requesting investigation and date of request. f. Brief description of the building as to construction and occupancy g. Available insurance data: i. Name and address of agent ii. Name and address of adjuster h. Investigator’s conclusion as to cause of the fire. Is it accidental? Suspicious? Incendiary? i. Reason for closing the investigation. Accident report may be concluded with the preliminary report. j. Reason for continuing the investigation. Note what action is expected to be taken by the investigator. k. Date of preliminary investigation l. Date of report m. This report should contain a resume of the facts and information obtained during the course of the preliminary investigation. It should cite the reasons for investigator’s conclusions.
2. Final Report This report contains a word picture of all information developed during the investigation. All materials included should be concise. Accurate and complete, as it becomes a permanent record and may be used by prosecutors and attorneys in the preparation of cases for trial. a. Case number b. Date of report c. Name, title, address of person requesting investigation and date of request. d. Subject: owner or occupant, and present address. e. Date and hour of fire alarm f. Weather condition, wind direction, speed, etc g. Complete and detailed descriptions of building: height, construction, type of roof, wiring, plumbing, heating device, air conditioning, 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 officer and supervisory personnel. j. Fire history i. Name and address of person(s) who discovered or reported the fire. ii. Fie departments and companies responding and officers in charge. iii. Detailed history of the fire as learned from the fire officials and firemen. In this paragraph, list any unusual circumstances observed by firemen in extinguishing the fire. k. Insurance. i. List name, address, telephone number of company, amount of insurance, date and number of policy and to whom it was issued. ii. Agent’s name, address, telephone number and name of company. iii. Adjuster’s name, address, telephone number and name of company. l. Evidence What was found, the date, time, location and who now has custody; names; titles and addresses of persons securing evidence; how marked; date and time evidence was taken to the laboratory, receipt to be made a part of the report. Report from laboratory should also be made a part of the report. Evidence should be secured until the case is disposed of. m. Photographs Note the type of camera used to take the photos; the name, title and address of the person taking the photos; the name and address of the person or firm developing the 74
prints; type of film used. List the order in which the photographs were taken, and what each depicts. Not who has custody of the negatives. n. Fingerprints. 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 suspect(s), such name(s) should be included here. ii. State the names, aliases and nicknames of the suspect(s), the present address, occupation, places of enjoyment, habits, associates, family history, and past criminal records and physical descriptions.
p. Motive The investigator should describe in his own words the reason or reasons why the suspect committed the crime. The suspect might have related his motives for the commission of the crime, of they may be deuced from the statements of witnesses. q. Modus operandi Describe or narrate in investigator’s own words the method, system or manner by which the suspect entered the building, such as by using a key, forcing a window or door open. Also outline suspects actions before, during and after the crime. Set forth all other relevant information that may be obtained, outline from what sources these conclusions were drawn. r. Property. List and describe the articles that were removed from the premises before the fire, and if recovered, give the name and address of the holder. Also list and describe any articles that the owner said were in the fire and which you were not able to identify as being there. If the articles were recovered, note the time and date of recovery, and where they were recovered. Secure a copy of the proof of loss. s. Witnesses. Give the names, ages and addresses of witnesses, their occupation, reliability and availability. State what each can testify to and, if possible, state whether a witness is prejudiced for or against the subject. Include a written report of all statements obtained from witnesses. Lengthy statements may be separated and attached to the report. Summarize and statement in the report and refer to the complete statement attached. t. Financial reports. Obtain reports of the financial status of owners, suspects or the accused, i.e., bank statements, mortgage, debts, bankruptcy, etc,; credit reports; information on sale of property. Information pertaining to deeds, titles, taxes, etc. should be included in this paragraph. u. Court action. State the defendant’s name, ages, and addresses. Give the names and addresses of the court’s residing 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. J. INVESTIGATION OF BOMBING A. Explosive Investigation. 75
1. Preliminary Remarks Investigation of this nature calls for the full use of ingenuity, investigative resourcefulness and scientific crime detection methods. 2. Interview and interrogation. a. All persons identified to be at the scene on 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 of the explosion itself, namely: i. Sound of the explosion; ii. Force of the explosion and its direction;
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 notice something bearing on the bomb explosion. e. Photographs of potential bombers should be shown to persons who had the opportunity to see activities in the bomb area before the immediately after the explosion. 3. Follow-up Police Activity: a. Account for the whereabouts of suspect at the time of the bombing and immediately prior and subsequent thereto. Informants are useful in this. b. Start tracing any physical evidence found at the crime scene – for example, dynamite wrappings, pieces of pipe, electrical devices, pieces of fuse and similar materials. Use of experts (whenever available) in searching the crime scene in best since they can recognize potential evidence more quickly and may be able to make investigative suggestions from what they see at the scene. c. After experts have determined the type of explosive used, contact users and suppliers of this particular type for aid in determining the source of the explosive used. Consider also the possibility that the explosives were stolen. 4. Motive. This is very important in selecting suspects. Consider such traditional circumstances as: a. Evidence of motive b. Evidence of plan, design or scheme. c. Evidence of ability and opportunity to commit crime. d. Evidence of possession of the means for a bombing e. Evidence of flight after the explosion f. Evidence of lying, attempts to influence potential witnesses, faking an alibi, destruction of potential evidence, and other indications of a consciousness of guilt. g. Consider the possibility that the victim had the bombing done for his own benefit – publicity, sympathy, insurance, marital 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. Explosives 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 explosives technician and forensic chemist. vi. Coordinate all personnel and search patterns vii. Assign Immediate Area Search and Investigative units. 76
viii.Assign General Area Search and Investigative units. ix. Manage, evaluate and finalize search and investigative actions. x. Conduct final scene evaluation conferences.
b. PHOTOGRAPHER i. Select and assemble equipment ii. Photograph immediate and general area including victims, crowd and vehicles. iii. Photograph team operations. iv. Photograph blast seat and damage showing measurements. v. Photograph evidence as found vi. Photograph immediate and general area from aerial perspective vii. Take scene reconstruction photographic series viii.Photographs blueprints, maps and previous photos of the scene, if necessary. ix. Photograph known or potential suspects. x. Identify additional photographic needs with all scene investigators. c. Evidence Technician i. Select, assemble and distribute collection equipment to search team members. ii. Prepare evidence control log and set up evidence collection points. iii. Coordinate and control evidence collection techniques and procedures iv. Record the receipt of all properly marked and packaged evidence 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 departing the scene. ix. Document the chain of custody and provide temporary storage x. Prepare laboratory analysis requests and transmit evidence to the laboratory. d. SCHEMATIC ARTIST i. Select and assemble equipment. ii. Diagram immediate blast area iii. Diagram general are iv. Identify evidence found by indicting the assigned evidence numbers on the evidence control sketch showing the location where found. v. Show necessary measurements of heights, lengths and widths vi. Make artist’s conception of the scene prior to the blast with the help of witnesses, showing how furniture was arranged or how the structure was before the explosion. vii. Prepare a legend on the diagrams viii.Inventory collected evidence with the evidence technician and ensure that tall evidence is noted on the control sketch ix. Properly mark and identify the evidence control sketch and other diagrams for proper court pre-senta-tion. e. IMMEDIATE AREA INVESTIGATIVE UNIT i. Select and assemble investigative equipment ii. Interview local officers, firemen and all possible witnesses at the scene iii. Determine the owner of the property, the victim of the explosion, and if any person were injured in the blast iv. Obtain names of any persons who are normally on the premises, such s employees, watchmen of janitors. 77
v. Provide the names and locations of all persons or groups who should be interviewed to the General Area Investigation Unit. This list will include the injured persons who ere taken to a hospital or rescue workers who have departed from the scene. vi. Identify all persons at the explosion scene and coordinate with the photographer to film the crowd and vehicles in immediate and general areas. vii. Record description and time of sounds, color of smoke and any odors noticed by witnesses. viii.Question the witnesses and record facts pertaining to the general activity at the scene prior to the explosion ix. Question the witnesses and record facts pertaining to anything unusual about the activity or any facts concerning unidentified packages, items, persons, or vehicles. x. Reconstruct the immediate area activity and coordinate with the team leader and other investigators. f. IMMEDIATE ARE SEARCH UNIT. i. Select and assemble equipment ii. Stay alert for structural hazards, secondary devices and entrapment devices, before and after entering blast area. iii. Locate seat explosion or point of fire origin iv. Coordinate with schematic artist and photographer before disturbing the crater or immediate blast area v. Measure and record the size, depth and shape of the crater of 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 viii.Divide the immediate area into a search pattern and make a methodical search. Search from the seat of the explosion to an expanded area that overlaps with the general area search unit. ix. Individually record and package evidence found and follow routine procedure with the photographer, schematic artist, and the evidence technician x. Reconstruct the immediate area scene and coordinate with the team leader and other investigators. g. GENERAL AREA SEARCH UNIT i. Search and assemble equipment and coordinate search pattern ii. Stay alert for structural hazards, secondary and entrapment devices. iii. Check all surrounding buildings, vehicles and objects for damage by missiles from the explosion and mark these locations for the photographer and the schematic artist iv. Search the area of ingress and egress for associative evidence such as footprints, tire tracks, torn clothing, blood, hair, fingerprints or other evidence that may relate to suspect(s) v. Search the area for evidence from the explosion vi. Search rooftops and trees or other high places that may have caught debris from the explosion. Document blast effect and glass breakage in surrounding area. vii. Determine the extent of the outer perimeter of thrown missiles and evidence. Indicate this finding to the schematic artist, photographer and the explosives technician viii.Adjust the outer perimeter of the search pattern as necessary. ix. Individually record and package the evidence found. Coordinate this with the evidence technician, schematic artist and photographer. x. Reconstruct the general area scene and coordinate with the team leader and other investigators. h. GENERAL AREA INVESTIGATIVE UNIT i. Select and assemble investigative equipment ii. Review maps and evaluate ingress and agrees and select a methodical pattern for canvassing the area.
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iii. Determine the possibility of deliverymen being in the area and make a list other names and addresses for follow-up interviews iv. Canvass the neighborhood for witnesses v. Canvass business premises that may be related to ingress and agrees, such as all-night service stations, cafes, fastfood restaurants, etc. vi. Prepare a suspect list with necessary facts relating to the investigation. vii. Record descriptions of suspects, suspect vehicles, and suspect premises for future use. viii.Check sources of device components/materials recovered at the crime scene ix. Follow team leader assignments as developed from the scene and make overall evaluation from conferences x. Maintain communication with the team leader and coordinate with other investigators. i. FORENSIC CHEMIST i. Select and assemble equipment ii. Conduct preliminary walk-through of the scene with explosives technician and team leader iii. Assist team leader in evaluating the situation and discuss the method of approach iv. Assist general area search unit v. Assist Immediate Area Search Unit. vi. Coordinate with national and local laboratory personnel as appropriate. vii. Act as technical adviser for all laboratory oriented questions arising at the scene. viii. Conduct field test where appropriate. ix. Assist the evidence technician and team leader in the evaluation of collected evidence. x. Assist the evidence technician with proper packaging for submission to the laboratory. j. EXPLOSIVES TECHNICIAN i. Select and assemble equipment ii. Accompany team leader on walk-through to provide a technical evaluation and assessment of the fire/explosion scene iii. Establish scene parameters iv. Identify seat of explosion or point of fire origin v. Assist the general and immediate area search units. vi. Technically evaluate investigative information and recovered materials vii. Determine whether the incident was criminal or accidental viii.Reconstruct the sequence of occurrence and physical evidence ix. Provide technical briefings x. Prepare statement regarding technical determination. B. Safety precautions for the Handling of Home-Made Bombs 1. Preliminary Statement Upon the discovery of a bomb or a 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 difficult he is concerned both with the protection of human life and property, and with the removal of the bomb menace and subsequent investigation to establish the identity of the perpetrator. However, the primary importance of human life, including his own, should be the controlling factor in his efforts to dispose of the bomb.
No person other than a trained explosive expert should attempt to dismantle a suspected bomb. 79
2. Initial Steps a. Clear the danger area of all occupants. b. Get the services of an explosives expert. c. Avoid moving any article or object which may be connected with the bomb or act as trigger mechanism d. Establish an organized guard outside the danger area. e. Shut off power, gas and fuel lines leading to the danger area f. Remove flammable materials from the surrounding area g. Notify the local fire department and rescue squads h. Arrange for stand-by medical aid i. Obtain mattresses, sandbags, other similar baffle devices for protection against flying fragments. j. Check and have available fire-extinguishing equipment k. Arrange for use of portable x-ray equipment if the use of such is deemed advisable by the explosive expert. 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 NOTE: Light metal portable shields are of little value. c. Sandbags should be used to surround but not cover the bomb to direct the force upward and downward rather than laterally over adjacent areas. If piled between the bomb and valuable items or critical points, it wound afford some protection and should received some consideration d. Place barricades over the bomb (depending upon circumstances) to direct the force downward, thus lessening the force in other directions. 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. c. Explode or break apart, by rifle fire from behind a barricade at a safe distance, the package containing the bomb or suspected bomb. d. Burn or explode the package, where rifle fire is not advisable, by placing kerosene-soaked rags or paper round it and igniting the rags or paper. e. Withdraw at a safe distance from the bomb after the rags of papers have been ignited. 5. Moving the Bomb When it is deemed advisable to remove the bomb rather than explode or burn it where it is, a number of factors should be considered. It must first be determined, as much as possible, whether the bomb is a TIME or TRIGGER bomb. a. Time bomb explodes automatically at a preset time. i. It is activated by a clock mechanism though it may be set off by some chemical delay device. ii. It is seldom sent through the mail, though this possibility does exist. iii. It may be directed against either persons or property.
iv. Not all time bombs contain clock mechanisms. v. If a mechanism is used, it may be detected by placing a microphone, preferably of the contact type, against the package and listening with the aid of an amplifier place some distance from the bomb. b. Trigger bomb may be set of by – i. Picking it up; ii. Inverting it; 80
iii. Stepping on it; iv. Opening the lid; or v. Some other similar natural acts involving movements of the bomb or a part of it. NOTE: Trigger bombs are usually directed against persons rather than property. If the bomb in question is determined to be one of trigger-type operating, for example, when the lid of the package containing the bomb is raised, the bomb can be transported with comparative safety to open country to be destroyed. A suspicious package, however, may be examined by X-ray by manipulating the x-ray equipment into place form a distance and from behind protecting mattress. c. Open-type bomb i. Makes no effort 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 substance capped at both ends with a piece of safety fuse protruding 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. iii. Sources of current for setting off an electric blasting cap include ordinary house current, a telephone, buzzer, bell or flashlight batteries. iv. Usually place or thrown v. Cannot be sent by mail or express vi. Directed against property rather than persons vii. To deal with an open-type bomb, most safety fuses cannot be extinguished by water or by stamping but must be severed ahead of the progress of burning. The burning is detected by a discoloration of the fuse. viii.U.S. – manufactured safety fuses normally burn at the rate of 90 to 120 seconds per yard ix. Sever the safety fuse well ahead of the progress of burning to render the bomb inactive x. Though successful in cutting or removing the safety fuse (the bomb itself should be treated as an active one), explosives experts should be called to dismantle the bomb and render if safe to handle. d. Conceal or disguised bombs i. Generally activated by time delay device or by trigger mechanisms ii. Any conceivable object of practicable size can be used to disguise 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 Explosives Used in the Construction of Home-Made Bombs. a. Low-order explosives. i. Black powder ii. Smokeless powder iii. Volatile vapors
NOTE: These must be ignited by heat, frictions or spark b. High-order explosives. i. Various grades of dynamite ii. Blasting gelatin NOTE: It is necessary to detonate high explosives with a blasting cap to which a fuse is attached or by an electric detonator. When detonated, the explosive wave produces a high degree of fragmentation. REMINDER: Only technical personnel fully acquainted with explosive devices should be allowed to HANDLE, DISMANTLE and DESTROY. K. ROBBERY, THEFT AND CARNAPPING 81
1. Robbery (Hold-up) a. Place of occurrence b. Time of occurrence – how was the holdup committed? (Report might be fake or simulated) c. Number of participants in the holdup . Number of suspects . Number of victims d. Physical descriptions of suspects (Identify by number, e.g., Suspect No. 1 No. 2, etc) e. Injuries sustained by victims(s), if any f. Common expressions uttered by suspect(s), diction, intonation, manner of speech-lisping, talking through the nose, etc. g. Number and description of weapons used – firearms, bladed or blunt instruments. h. If victim was taken with a motor vehicles, what was the route taken by the getaway vehicle and where was the victim subsequently released? i. Description of suspect’s motor vehicle, if any j. Complete description (secure copy registration papers) of victim’s motor vehicle. k. Other personal effects or articles taken by suspects aside from the motor vehicle. l. Witnesses to the robbery (hold-up) m. “Carnapper” who take the victim with the motor vehicle sometimes carry on a conversation with the victim before dumping him in an isolated place, in this conversation, he sometimes give hints to the victim on where the latter could pursue should he later decide top pay ransom for the car. n. Some gangs of “carnappers” have their own modus operandi in committing a holdup. Some have a favorite dumping place for their victims, e.g., Sucat Road, the Alabang-Zapote Road for carnappers based in Cavite; isolated places in San Jan and Mandaluyong for cranppers based in Pampanga (San Fernando, Macabebe, Angeles, Guagua, Mablacat) and Bulacan (San Miguel, Plaridel, Baliwag, Obando) and Nueva Ecija (Sta Rosa, Gapan, Cabanatuan); the dark service road of the South Super Highway (for carnappers based in Cavite and Rizal, Laguna and Batangas); etc. 2. Theft and Robbery With Force Upon Things. a. Purpose: Identifies and apprehend the offenders and recover as much stolen property as possible. b. Considerations: i. Determine the method of approach ii. Reconstruct the offender’s activities at th scene iii. Find out if there were attempts to destroy evidence of conceal the offense iv. Gather evidence on the type of transportation used. v. Gather evidence to determine the method and route of exit and flight. This may provide leads to the offender. 3. Carnapping a. What is meant by the term “carnapping”? How is it committed? “Carnapping” is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon thins (Sec 2, RA 6539) 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 content 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, sprinklers, lawnmowers, bulldozers, graders, forklifts, amphibian 82
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 purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachments to any motor vehicle, shall be classified as separate motor vehicles with no power rating. (Sec 2, RA 6539) d. How can one detect a stolen motor vehicle? i. No license plate number ii. Sporting improvised plate. iii. If the vehicle appears to be abandoned iv. Sporting a fake license plate or stickers v. Having no sticker for the current year vi. If the vehicle appears to be haphazardly painted. vii. If the plate number foes not correspond with the year/model of the vehicle. e. What are the possible signs of fraud in transactions relating to the transfer of motor vehicles? The following are the possible signs of such fraud: i. When the seller offers to register the motor vehicle in behalf of the buyer. ii. When the price is inconceivably below the prevailing market price. iii. If the seller cannot present original copies of supporting documents, i.e. CR, OR, Deed of Sale, regarding his ownership of the motor vehicle iv. Obviously falsified supporting documents. v. If the sale is through a third party rather than the actual owner appearing 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 TMG Headquarters in the regions/ provinces for stenciling/ macroetching of its motor/ chassis 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 mortgagee.
b) Clearance for original registration: i. Xerox copy of the Dealer’s Receipt ii. Xerox copy of the LTO Certificate of Dealer’s Report c) Clearance for change of motor/chassis/color: i. Xerox copy of the vehicle’s CR and latest OR of Payment of LTO fees ii. Affidavit stating the change of motor/ chassis/ color and the circumstances thereof. d) Clearance to rebuild/ assemble: i. Affidavit stating the circumstances of rebuilding/ assembling of a unit from knocks down parts. ii. Dealer’s Receipt of all parts involved. iii. The LTO’s Certificate of Dealer’s Report to LTO covering the chassis/ engine. 4. (Qualified) Theft of Motor Vehicles. Consider the following: a) Where the motor vehicle was stolen b) Time when it was parked. c) Time the car theft was discovered d) How was the car possibly taken? e) Complete description of car. (Get the registration papers, if possible.) f) If car was stolen from residence, look for footprints, tire marks of vehicle used by suspects, tools or implements left behind. 83
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 form mug shots in your rogue’s 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 and carnapping gangs; number of 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, barbecue plazas, cafeteria, etc.) d) Gathering of information of favorite storage places and garage of carnappers and carnapping gangs. e) Follow-up investigation of recovered cars and other motor vehicles: i. Check registration papers, deeds of sale and other papers (Customs records if car is imported) concerning the recovered car presented by the possessor of the car with the LTO, etc ii. Request Forensic Chemistry Division to have the motor and chassis numbers and paints examined (to find out whether motor and chassis numbers have been tampered with and whether it was repainted, and if so, for their restoration and determination of the original color) iii. If engine and chassis numbers have not been tampered with, trace the owner from whom they said car was carnapped or stolen iv. Request the owner to present his papers of ownership and conduct an interview as to the circumstances of the loss; take sworn statement, show mug shots of the suspect or present the suspects themselves if they have been arrested; include in the interview questions as to whether the victim has means of identifying the motor vehicle other than through the motor and chassis numbers. 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 car company, contact the owner, bring him to the office and follow the procedure above. vii. Interview the possessor as the person(s) form whom he acquired 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 “Ws” 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 descriptions, names, aliases, hangouts, residence, Etc. x. Check the records of arrested suspects. Motor Vehicle Accident Investigation (Major Accidents) A. Traffic Accident Investigation 1. Traffic Accident Investigation Determine WHAT happened, WHO and WHAT was involved, HOW and WHY the accident occurred, and WHERE it happened. 2. What is a Traffic Accident? It is an occurrence in a sequence of events which usually produces unintended injury, death, or property damage. 3. Motor Vehicle Traffic Accident. 84
Any motor vehicle accident occurring on a not-traffic way – the ordinary collision between automobiles not on a street, road or highway. 4. Motor Vehicle Non-Traffic Accident Any motor vehicle accident occurring on a non-traffic way – the ordinary collision between automobiles not on a street, road or highway. 5. Non-Motor Vehicle Traffic Accident. Any accident occurring on a traffic way, involving a person using the traffic way 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 result in unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. Included are accidental injuries from inhalation of exhaust gas-fire, explosion, and discharge of firearm within the motor vehicle when due to motion of the vehicle and railroad train. Excluded are collision of motor vehicle with an aircraft of watercraft in motion, injury or damage due to cataclysm, and injury of damage while a motor vehicle not under its own power is being loaded on or unloaded from another conveyance. 7. Direct Causes of Vehicular Traffic Accidents: a. Speed b. Driver (attitude or behavior) c. Vehicular malfunctions d. Road conditions e. Road hazards f. Perception factors.
8. Preliminary Actions a) When the officer receives the call: i. When and where the accident occurred. ii. How serious were the injuries iii. Need for ambulance and other equipment iv. Name and address of the person reporting. He may be an important witness. v. Who witnessed the accident? vi. Is there a traffic block? vii. Arrange for help, if needed – e.g., firetrucks, etc. b) Drive safely in going to the accident scene. Be alert for cars leaving the scene. It might turn out to be a hit-and-run case. 9. Duty of a Police Officer in Time of Traffic Accident. a) Protect life and property i. Render whatever aid is necessary to the injured persons. ii. Take steps to prevent further destruction (like fire and other hazards). 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 belongings to the injured or dead, you might need these persons to may protect the good name of the PNP. b) Protect the accident scene. i. Prevent physical evidence from being lost or destroyed ii. Photograph should be taken before the physical evidence is removed. iii. First things first. 85
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 has occurred ii. Determine the time and date of the accident iii. Examine the physical evidence iv. Reconcile conflicting situations v. Determine the conclusion derived from physical evidence vi. Identify evidence regarding the behavior of individual drivers vii. Determine the responsibility of BOTH drivers. e) Locate drivers and witnesses. i. Get driver’s licenses. ii. Get the names and other details concerning persons who might have witnessed the ccident. Start with the ones who appear to know something of the accident iii. If the drivers are at the scene of the accident, make it a point to separate them. f) Interview drivers and witnesses. i. Conduct each interview separately ii. Do not make conclusions as to the responsibility in the presence of drivers and witnesses. iii. Be alert for switches between driver and passenger. g) Take measurements and make diagrams and sketches h) Identify the precise location where the accident occurred i) Obtain equipment to remove damaged vehicle j) Evaluate physical evidence
k) Check the road and vehicle conditions i. Carefully examine road signs, signals, marking, and other traffic control devices. 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 persons. n) Action against violators i. Re-examine and assess the evidence ii. Is your course of action supported by evidence? iii. Consider the advisability of consulting your superior officers in assessing evidence and deciding on the most appropriate course of action. o) Initiate action on the evidence and file the charges p) Prepare the report. B. Calculating Speeds from Skid marks 1. Skid marks as Evidence in Accident Cases. This is useful in several ways other than as indication of the vehicle’s speed. a. it will show if the vehicle was traveling in the wrong direction or on the wrong side of the road. b. It will indicate if the driver failed to observe the right of way c. It will also show if the driver did not obey a traffic signal 2. Procedure Followed by the PNP a. The officer submits as evidence in a case the measurements of the Skidmarks and the Court interprets the facts in the light of other evidence. i. Some courts require the assistance of an expert ii. Measurements should be accomplished by two men. iii. Sketches and photographs with measurements indicated should be made soon after the accident. 86
b. Some Police Departments have their officers skid a vehicle to stop form the legal speed limit, if this can be done safely, and compare Skidmarks with those in the accident. c. Some would draw conclusions from tests based on physical calculation. 3. Measurement of Skidmarks. a. Should meet legal standards. Officer measuring the skidmarks and the distances to embankment or other fixed constructions should verify teach other’s measurements so that they can corroborate each others/s testimony 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 Principles in Calculating Speeds from Skidmarks Energy and vehicle speeds. An automobile moving at any speed possesses energy. As the speed of the vehicle increases, the resulting energy developed is said to 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 Vehicle 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 vehicle’s energy is expended through skidding of tires that a fairly accurate calculation may be made of the vehicle’s speed before the accident. 6. Skid marks The sudden application of brakes which results in the locked wheel condition places such a great pressure between the brake shoe and the brake drum that the frictional force at this point becomes greater than the frictional force between the tire and the road surface. When this condition exists, the wheels skid. 7. Coefficient of Friction – Drag Factor It is the measurement of the maximum frictional resistance of pavements.It is equal to the force exerted when the wheels are skidding divided by the weight of the car. FS = Test-speed squared 30 x braking distance where “30” is the gravitational constant in miles per hour: (Transformation of feet per second to miles per hour) 8. Reaction Time This is the distance traveled before applying the brakes. a. Dived seconds in an hour (3,600) into feet in a mile (5,280) = 1.467 b. To determine distance you will travel in one second, multiply 1.467 (1.47 or 1.5) times the speed at which you are traveling. c. Time to get foot off the accelerator and slam it on the brake is ¾ of second on the average. The age of the driver should be considered. d. 1.5 x speed = length in feet covered before brake works for you. 9. Test Runs. In making calculation for speeds 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 occurred. The character of the road, whether wet or dry , should be the same. b. Conduct tests on the same and road surface and in the same direction 87
c. The vehicle’s speedometer should be checked, and any difference form 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. Brakes 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 raking distance should be accurately determined using such equipment, either mechanically or electrically operated. h. Generally, it is advisable to conduct two or three tests at the selected speed. The test producing the longest braking distance, that which favors the defendant most, is generally used in the calculation. i. To avoid possible differences in the application of brakes by the driver, it may be advisable to have the driver of the accident vehicle drive the car in the test runs. 10.Speed Calculations. a. When a vehicle is stopped solely by skidding, it is possible to calculate the speed of the vehicle at the beginning of the skid by using the formula based on the principle that he skidding or braking distances vary as the square of the speed.
2 S m (Unknown accident speed) = D (Advantage length 2 of accident skids) s d (Test braking distance) Minimum accident speed is equal to the speed of the car in the test run times square root of the number obtained by dividing the average length of the accident skidmarks by the total braking distance in the test run. For probable speed, use test skidmarks instead of test braking distance, employing the same formula above. b. When accident vehicle cannot be driven. When the vehicle is damaged so badly that it cannot be driven, part of the vehicle’s energy is expended in damaging the car and the object struck. A calculation of speed from skidmarks left under these circumstance gives s peed based only on the amount of energy expended in the skidding. Consequently, the resulting speed value may be considerably less than the actual pre-accident speed, since it is not possible to determine how much farther the vehicle would have skidded had there been no collision. HIT-AND-RUN ACCIDENT INVESTIGATION 1. Elements of Hit-and-Run a. You must prove suspect was driving the vehicle at the time of the accident. Even if you have witnesses to prove this, get evidence to corroborate it. b. Suspect was involved in an accident resulting in death, personal injury 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 the take reasonable steps to notify the owner of damaged property other than a vehicle. Do not overlook the possibility of a simulated second accident 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. Extensive damage to vehicle would preclude allegation of lack of knowledge. If suspect refrained form 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 responsibility. 2. Classes of Hit-and-Run Drivers: a. Drunk drivers 88
b. Criminals fleeing from the scene of the crime. c. Improperly licensed drivers, or drives with no license or with revoked or expired license. d. Drivers who fear publicity and prosecution. e. Ignorance of the accident f. Insurance or financial reason g. Driver who flees in panic h. Drug addicts i. Juveniles 3. Preliminary Steps (Refer to checklist on Accident Investigation) Obtain the best possible descriptions of the car and driver. i. A good description may be obtained from partial descriptions given by witnesses. ii. Get the license plate and any unusual features of the vehicle iii. Concentrate on the car’s description first.
iv. Dispatch initial description and all subsequent information to the Headquarters and to police agencies that may assist in spotting and stopping the suspect vehicle. v. Broadcast descriptions of the suspect car and driver to all police units and offices vi. Try to determine the damage to the fleeing car. Appeal for information through local newspapers, radio, TV, etc. Carefully search the hit-and-run scene for physical evidence. i. These may include broken glasses and fragments, hubcaps, pint scrapings from hit-and-run car, other evidence such as dirt from subject car, radiator, ornament, etc. Carefully preserve and protect all evidence found at the scene. ii. Request laboratory study of evidence (Refer to Scientific Aids in Criminal Investigation) iii. Watch out for the possible 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 left on him by the suspect car. ii. If the victim is killed, get samples of uncontaminated blood from him at the morgue and samples of hair, skin, etc. iii. Collect and preserve for laboratory examination the clothes, shoes, and other items he was wearing at the time of the accident. 4. Follow-up Investigation. a. Interview person living along the route taken by the hit-and-run driver; also operators of filling stations and garages. b. Canvass parking lots and other filling station and garages c. Return to the accident scene at the same time on subsequent days and on the same day of the following weeks to obtain additional witnesses such as delivery men operating on schedule routes. d. Follow up phone calls to garages and dealers of auto parts. e. Continue appealing for information through the press, radio and TV 5. Search for Suspect Car. a. Look for physical evidence, such as latent fingerprints, pieces of clothing, marks, damaged parts, dirt, hair, blood, etc. which will identify the car as that involved in the hit-and-run accident. b. Search the undercarriage of the suspect car. Determine also if there is indication of disturbance in the grease or dirt adhering to it. c. Make a careful investigation for replaced parts. 6. Interview of Suspect. a. Obtain s 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. 89
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.
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE Camp,Crame, Quezon City 16 December 1996 STANDING OPERATING PROCEDURE NUMBER 7 (AMENDED) REPORTING AND DISPOSITON OF STOLEN AND RECOVERED/ IMPOUNDED MOTOR VEHICLES 1. GENERAL: This SOP prescribes the procedure in reporting stolen and wanted motor vehicles and in disposing of recovered/ impounded vehicles by all PNP units. 2. APPLICATION: This SOP applies to all stolen motor vehicles and those which are recovered and/ or impounded by PNP Units pursuant to the provisions of RA 6539, otherwise known as the “Anti-Carnapping Act of 1972”. As amended. 3. OBJECTIVES: a. To serve as guide for the PNP and other law enforcement agencies that are involved in anti-crime operations involving stolen motor vehicles: b. To establish the responsibility in reporting stolen/ wanted and recovered motor vehicles; and c. To take responsibility for the safekeeping/ custody of impounded motor vehicles. 4. PROCEDURES: a. Reporting of Stole and other 1. The Director/ Chiefs of Officers of PNP units that take cognizance of a loss of a motor vehicle or in a case where the subject of the crime is a motor vehicle shall cause the owner to make a sworn written complaint supported by documents of ownership such as registration certificate. LTO receipt of payment, deed of sale, invoice receipt and other related documents: 2. A report shall then be rendered to the Chief, PNP (Attn: Dir, TMG) using a uniform Alarm Sheet. All Alarm Sheets received by the PNP units shall be immediately forwarded to the Dir, TMG. All alarm Sheets received by the PNP units outside Metro Manila shall be forwarded to the respective TMG District Offices covering the area. 3. The TMG shall flash the alarm to all its Districts and other law enforcement agencies. The District Directors shall disseminate said alarms to all PNP Stations within their AOR. 90
4. Upon termination of the investigation of a recovered/ stolen motor vehicle, the Unit Head/ Chief of Office shall prepare and submit in four (4) copies to Dir, TMG, distributed as follows: Original copy for the PNP Computer Center, Duplicate copy for the TMG; Triplicate copy for the reporting unit and Quadruplicate copy for the investigating unit’s file; 5. The PNP Computer Service shall provide all PNP units and other agencies concerned periodic/ updated list of wanted/ recovered motor vehicles. 6. All PNP units which undertake anti-carnapping missions are required to submit Daily Radiographic Anti-Carnapping Operations Report (DACOR) to this Hqs (Attn: Dir, TMG) every 0800H daily. The report shall cover a 24hour period. 7. The DACOR shall have, as a minimum requirement, the following data: 1. Stolen while parked 2. Forcibly taken 3. Failed to return a. No of motor vehicles reported stolen broken down as follows: b. Number of motor vehicles recovered c. Nr of motor vehiles turned-over to TMG d. Nr of encounter with carnappers e. Nr of suspects arrested f. Status of cases filed 8. Additionally, a monthly report on the Anti-Carnapping operations of the above-cited units shall be submitted to this Headquarters (Attn Dir, TMG) not later than the 7th day of the month following the period covered by the report. 9. In all cases, the reporting of a stolen/ wanted and recovered motor vehicles shall follow the flow of the Chain of Command. 10. The Chief of Office/ Unit shall immediately notify the owner of the recovered motor vehicle for identification purposes. b. Disposition of Recovered/Impounded Motor Vehicles: 1. All recoveries of carnapped/ abandoned motor vehicles made by PNP Units in Metro Manila shall be turned-over within forty-eight (48) hours to the Central Vehicle Impounding Area (CVIA) at Camp Crame. If the recovered vehicle is not in running condition , the recovering unit shall inform the TMG (PLDT Nrs 7218516 & 7224103) who shall undertake the towing services of the subject motor vehicle to the TMG. The Technical Inspection Report (TIR) shall be conducted at the recovery site in the presence of any local government official and/or any Barangay Official and/ or any responsible citizen residing at the place of recovery, who will affix his signature on the RIT. Except however when there is highly reasonable ground for the non-availability of a witness taking into consideration the time of the day and the area of recovery. 2. Motor vehicles recovered by Municipal Police Stations outside Metro Manila shall be turned-over within forty-eight (48) hours to the nearest TMG District headquarters for proper investigation/ disposition. 3. If the carnapped motor vehicle is recovered by it owner without PNP assistance, the subject motor vehicle shall no longer be turned-over to the CVIA. However, subject motor vehicle shall be physically presented at the nearest PNP Office /Station for proper identification and eventual lifting of the alarm. Motor Vehicle that are recovered in Metro Manila, shall be presented to the nearest PNP District Headquarters which shall prepare the recommendation for the lifting of the alarm. 4. Dir, TMG receipt of the letter-request for the lifting of the alarm, shall receive said motor vehicle and assume responsibility for its security in the impounding area in accordance with the provision of this SOP. An individual case folder for each impounded vehicle shall be maintained. 5. All release of impounded motor vehicle shall only be made upon the approval of the Director, TMG. 6. In case there is an order from the competent court or fiscal for the release of a motor vehicle, the same shall be released in accordance with the existing rules governing the release of impounded motor vehicle. Dir, TMG shall then inform the investigating units of the release of the motor vehicle. 7. Before any vehicle is released, the Technical Inspection Report (TIR) previously prepared shall be reviewed by both the owner or his authorized representatives and the Dir, TMG. In case of discrepancies, the Dir, TMG shall immediately order the Chief and /or PNCO’s of CVIA to explain the said 91
discrepancy. It shall be presumed that the motor vehicle, before the same is received for impounding is true in all respect as described the TIR. 5. LIFTING OF ALARM OF WANTED RECOVERED MOTOR VEHICLES a. The basis for the lifting of alarm of any wanted recovered motor vehicle shall be any of the following. 1. Recovery 2. Court Order 3. Termination of Investigation 4. Actual Possession of owner and 5. Other lawful grounds or as ordered by competent authority b. The filing of any alarm of wanted-recovered motor vehicle shall only be upon the approval of the Dir, TMG. c. The information to lift an alarm for any motor vehicle shall be entered in the form “Lifting of Alarm” and the information shall be disseminated by Dir, TMG to other PNP Units. A consolidated monthly listing of such vehicles shall be prepared by Dir. TMG and copies furnished to other PNP units. 6. HEADQUARTERS AND REGIONAL IMPOUNDING AREA: Headquarters TMG shall maintain the present Central Vehicle Impounding Area (CVIA) in Camp Crame and all the Regional Vehicle Impounding Areas (RVIA) until new areas are designated by proper authority. 7. PROHIBITIONS a. No PNP personnel shall use a recovered stole/impounded motor vehicle or cause the use thereof by any person prior to the lifting of the “alarm” issued thereon and the subsequent release of said vehicle to its lawful owner pursuant to this SOP. b. No PNP personnel shall replace/ removal of any part of accessory thereof by any person, unless there is written authority from the Chief/ Head of the PNP unit where said vehicle is being impounded and which replacement/ removal of said part/ accessory shall be for preservation purposes. 8. PENALTY CLAUSE: Any violation of this SOP shall be dealt with criminally and/or administratively as evidence warrants. 9. MISCELLANEOUS: a. TMG shall exercise functional supervision in the implementation of this SOP. b. Said supervision shall be exercised in the field through the District Director/ Team Leaders of TMG and in close coordination with the Regional, Provincial and other TMG Unit Directors. 10. REPEALING CLAUSE: All existing SOPs as well as circulars and other issuances inconsistent herewith are hereby repealed and modified accordingly.
ORIGINAL SIGNED RECARDO A SAMIENTO II Police Director General Chief, PNP
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE Camp,Crame, Quezon City HCIDG/ April 14, 1999 STANDING OPERATING PROCEDURE NUMBER 01-99 RECOVERY OF STOLEN AND ABANDONED MOTOR VEHICLES 1. GENERAL: This SOP prescribes the procedure in recovering, handling and disposing stolen motor vehicles and abandoned vehicles, which are suspectedly used by criminal elements in their illegal activities. 2. APPLICATION: This SOP applies to all recovered stolen motor vehicles and abandoned vehicles, which are suspectedly used by criminal elements in their illegal activities. 3. OBJECTIVES: 4. PROCEDURES: a. Disposition of Recovered Abandoned Motor Vehicles Used In Criminal Activities. 1. The Team Leader of the operating team that recovered the motor vehicle shall properly secure the vehicle and its surroundings to avoid looting and distortion of possible pieces of evidence found inside the motor vehicle. 2. Avoid touching and/or removing the motor vehicle from the recovery site without examination of the SOCO. 3. The Team Leader shall immediately request for SOCO team to conduct technical examination/ inspection on the motor vehicle for possible lifting of fingerprints and collection of evidence inside the motor vehicle. 4. Take photographs of the entire motor vehicle while in the recovery site. Likewise, photograph bullet hole markings found in the vehicle. 5. Technical inspection Report (TIR) shall be conducted at the recovery site in the presence of any Barangay Official and/or any responsible citizen residing at the place of recovery to serve as witness sin the inspection. 6. The recovery should be entered in the police blotter of the nearest police office having jurisdiction of the place of recovery. 7. Remove immediately the motor vehicle from the recovery site using towing services (wrecker) upon completion of the SOCO team technical examination/ inspection. 8. Designate a responsible custodian of the recovered motor vehicle and other pieces of evidence recovered thereof. 9. The Chief of Office/ Unit responsible in the recovery of the motor vehicle shall immediately communicate/ verify whether the vehicle is carnapped/ stolen and secure a copy of the alarm sheet from the Director, TMG and/or Regional Officer of the Regional Traffic Management Office (RTMO), where the motor vehicle was recovered. 10. The Chief of Office/ Unit shall immediately notify the owner of the recovered motor vehicle for identification purposes.
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11. The Chief of Office/ Unit shall immediately render report to the Director, CIDG, pertaining to the nature of the recovery and the case, if any, indicating therein the pieces of evidence recovered thereof. b. Disposition of Recovered Carnapped Motor Vehicle Not involved/Used in illegal Activities. 1. All recoveries of carnapped/ abandoned motor vehicles made by any CIDG office/ unit in Metro Manila shall be turned-over within forty-eight (48) hours to the Director, TMG (Attn: Central Vehicle Impounding Area (CVIA) at Camp Crame, Quezon City. In case the motor vehicle was recovered outside Metro Manila it shall be turned-over to the Regional Traffic Management Office (RTMO), where the motor vehicle wars recovered with proper Technical Inspection Report (TIR) for disposition. 2. The Chief of Office/ Unit responsible in the recovery of the motor vehicle shall immediately communicate/ verify whether the vehicle is carnapped/ stolen and secure a copy of the alarm sheet from the Director, TMG and or from the Regional Officer of the Regional Officer of the Regional Traffic Management Office (RTMO), where the motor vehicle was recovered. 3. Technical Inspection Report (TIR) shall be conducted by the recovery team at the site in the presence of any Barangay Official and/or any responsible citizen residing at the place of recovery, to serve as witness in the inspection. 4. Take photographs of the motor vehicle while in the recovery site. 5. The recovery should be entered in the police blotter of the nearest police office having jurisdiction of the place of recovery. 6. The Chief of Office/ Unit concerned shall immediately render report to the Director, CIDG, pertaining to the nature of the recovery and the present status/ disposition of the recovered motor vehicle. 5. PHOHIBITIONS: a. No CIDG personnel shall use a recovered stolen/ abandoned motor vehicle or cause the use thereof by any person prior to turn-over to the TMG or while being impounded by the unit for evidentiary purposes. b. No CIDG personnel replace/ remove any part of or accessory of the recovered stolen/ abandoned motor vehicle or cause the replacement/removal of any part of accessory thereof by any person, unless there is written authority from the Chief of Office/ Unit who has custody of the motor vehicle and which replacement/ removal of said part/ accessory is necessary for preservation purposes. c. Recovered motor vehicle used as evidence in court shall not be released to the owner/ claimant without proper court order and/ or clearance from the Director, CIDG. 6. PENALTY CLAUSE: Any violation of this SOP shall be dealt with criminally and/ or administratively as evidence warrants. 7. MISCELLANEOUS: The Regional Officers/ Chiefs of Offices in close coordination with Director, TMG and Regional Officers, Regional Traffic Management Offices (RTMO), shall exercise functional supervision in the implementation of this SOP. 8. REPEALING CLAUSE: All existing SOPs as well as circulars and other issuances inconsistent herewith are hereby repealed and modified accordingly. ORIGINAL SIGNED ATTY LUCAS MALLILLIN MANAGUELOD Police Chief Superintendent (DSC) Director, CIDG L. PASSPORT AND VISA RACKET INVESTIGATION Pertinent Provision of the Laws, PD, Memos and Circulars Republic Act No. 8329 – Philippine Passport and Circulars Presidential Decree No. 1851 – Amending PD 1623 entitled “Authorizing the Issuance of Special Investors Resident Visas to Aliens and for other purposes. Procedural on Passport and Visa Racket Investigation 1. Gather on Passport and Visa Racket Investigation. a. Passport documents before conducting a formal interview of subjects: . Checklist for processing application . Passport application (FA Form 1) . Information Sheet 94
. Sworn Statement for Passport Application b. Supporting documents: . Birth certificate of loss together with birth affidavit . Marriage contract . Income Tax Certificate . Affidavit of Support 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 or the agency for which the travel agent works. NOTE: SOP of DFA requires the stamp of the travel agent appear on the upper right hand corner of the application for passport. 4. The name of the witness who attested that the statements of the applicant are true. 5. who identified the affiant? 6. The notary public or administering officer who notarized the application 7. Records check the name of the travel agent who file the application 8. Check with the BTTU Licensing DFA whether or not the travel agency is licensed or blacklist. 9. Secure certifications. a. From the Consular Affairs Office, the number and date of issued of the passport to the applicant. b. From the US embassy, the date when the visa was issued to the applicant and the kind of visa issued. 10. Get the sworn statement of the applicant. a. Did he/ she personally fill up the application for passport and visa? b. Did he personally appear for interview at the US Embassy, etc? c. Get the official receipts issued by the travel agent or agency, which filed the application. d. Did he/ she 11. Gather documentary evidence linking subject to the falsification of the passport 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 falsified together with specimen standards gathered. NOTE: If signatures are forgeries, get certifications to this effect. 14. Submit to the Chemistry Division the passport and visa to determine the alleged 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 leads that might have been disclosed by the travel agent. Modus Operandi Some applicants will be provided with fake passports (Baklas) a passport of another person but with the picture of the unsuspecting applicants in cahoots with some unscrupulous personnel in their port of exit. M. FAKE OVERSEAS EMPLOYMENT RACKET Pertinent Provision of the Laws, PDs, Memos and Circulars
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Republic Act No. 8042 – An act to institute the policies of Overseas and Employment and Establish a Higher Standard of Protection and Promotion of the Welfare of Migrant Workers, their Families and Overseas Filipinos in Distress, and for other Purposes. Republic Act No 2486 (February 5, 1915) – First law enacted by the Philippine Legislature which regulates recruitment of Filipinos abroad, and provides among others: 1. Every recruiter must pay annual tax of P550.00 to each province where laborers are recruited; 2. Payment of annual license fee of P6, 000.00 to the Insular Treasury; 3. Prohibition on the recruitment of members of no-Christian tribes for exhibition purposes; 4. Guaranteed transportation for the return of workers who have finished their contract for those who failed due to work related physical incapacity; and 5. Total prohibition on the recruitment of minors below 15 years of age, and for minors above 25 but below 18 years of age without the written consent of their parents or guardian. Presidential Decree No. 1920 (May 1, 1984) – Strengthening the Campaign Against Illegal Recruitment. Executive Order No. 1022 (May 1, 1985) – Strengthening the Administrative and Operational Capabilities of the Overseas Employment Program Rules and Regulations Governing Overseas Employment – Book II Rule X Presidential Decree No. 442 – Labor Code of the Philippines (May 1, 1974) – A social legislation intended to promote public welfare which covers labor relations, welfare and labor standard. Labor relations laws – those intended to stabilize the relations of employees and their employers, adjust differences between them thru collective bargaining, and settle disputes through conciliation, mediation, and arbitration; Presidential Decree NO. 2018 – Making Illegal Recruitment a Crime of Economic (January 26, 1986) It re-defined Illegal Recruitment by amending Articles 38 & 39 of the Labor code by declaring it’s a crime involving economic sabotage when it is committed by a syndicate or is committed in large scale; It provides stiffer penalties by making IR punishable by life imprisonment if it involved economic sabotage. Executive Order 247 – Reorganizing POEA (July 24, 1987) – Reorganizing POEA with expanded functions to regulate private sector participation in recruitment and overseas placement, maintain registry of skill and secure best terms of employment for Filipino contract workers. Modus Operandi a. Office location such as room number, building, street and place. Usually, the racket is conducted in a presentable office to lure prospective innocent victims; b. Application forms filled up by victims; c. Fees charged allegedly up by victims; . Management and leg works; . Processing of passport; . Performance bonds; . Settlement fees; . Incidental expenses; d. Usually, official receipts are issued; e. Also, lucrative employment is offered f. Deployment of workers through tourist schemes but with a hidden agenda of employment. This can be done through their illegal foreign employers; g. Use of other passport other than that of the applicant to hide or clothe the applicant with another identity allegedly to ensure his departure and employment aboard; h. Illegal use of the name of a licensed recruitment agency as front. They usually use fake authorizations to recruit overseas workers; i. House-to-house recruitment, particularly in provinces; j. Illegal recruiters are recruiting applicants by introducing themselves as authorized recruiting agents of a license recruitment agency; 96
k. Those who signified their intention to work abroad will be required to pay certain amount of money to defray expenses for applicant’s passport, visa and place ticket; l. Once the amount is given and the promise to leave was made, the illegal recruiter will then vanished and nowhere to be found by the applicants. m. Some applicants will be provided with fake passport (Baklas), a passport of another person but with picture of the unsuspecting applicants in cahoots with some unscrupulous personnel in their port of area. n. Most of the illegal recruiter go to the remote areas, usually in the provinces due to ignorance/ illiteracy of potential victim due to absence of the means to verify the authenticity of the recruiters. Investigative Procedure a. Take the sworn statements of complainant(s) and the witnesses, if any b. Get any receipt issued to them c. Check whether or not the employment agency is registered with the POEA i. If it is, get a certified copy of the POEA Licensee/ Authority and other pertinent papers ii. If not registered, get a certificate of this effect iii. Secure a statement that the recruiter has not valid license or authority to enable one to lawfully engage in recruitment/ placement of workers. iv. Or the statement may be that the offender undertakes any activity within the meaning of recruitment placement as defined in Article 13 (b) of the Labor Code (i.e) any act of canvassing, enlisting, Contracting Transporting, utilizing hiring or procuring workers, and include referrals, contract service, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement), or any Prohibited Practices under Article 34 of the Code: 1. To charge or accept, directly or indirectly, any amount greater that the specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater that actually received by him as a loan or advance; 2. To furnish or publish any false notice or information or document in relation to recruitment or employment; 3. To induce or to attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; 4. to give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing license or authority under this Code; 5. To influence or to attempt to influence any person or entity not to employ any worker who has not applied for 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 obstruct inspection by the Secretary of Labor or by his duly authorized representatives: 8. To fail to file reports on the status of employment, placement vacancies, remittance or foreign exchange earnings, separation from jobs, departures and such other matters or in formations as may be required by the Secretary of Labor 9. To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods off expiration of the same without the approval of the Secretary of Labor. 10. To become an office or member of the board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency. 11. To withhold or deny travel documents from applicant workers before departure for monetary or financial consideration other than those authorized under this code and its implementing rules and regulations. 97
d. Check whether or not the employment agency is duly licensed by the POEA. i. In the affirmative, secure a certificate to this effect. ii. In the negative, it is advisable to send an undercover investigator to pose an applicant. He should know: . The official and employees of the agency . Their claims and representations to job applicants . The requirements and particular facilities used. e. Record checks the employment agency, its official and employees, for any outstanding warrant of arrest, or for any derogatory or relevant information. f. Apply for a search warrant. The undercover man or one of the victims be a witness. g. Request the official photographer to accompany the investigators serving the search warrant. h. Take pictures of any signboard advertisement of the employment agency and its officials and employees present during the raid. NOTE: Confine yourself to the limits set under the search warrant, particularly the place to be searched and the things to be seized. 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 its to bulky, they must be kept in a secure 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 documentation and identification, fingerprinting and the standard front, side view, whole body and back view photographs. Appraised them on their Constitutional Rights as provided for and those specifically mentioned in RA 7438. take their sworn statements, if they re willing in the presence and consent of their counsel. 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. Receipts of payment made by applicants m. Bring subject to Inquest Prosecutor n. If bail is fixed during inquest, bring subjects to jail for temporary confinement until they are turned over to the city jail or local or provincial jails. This should be done immediately. o. Should the Inquest Prosecutor return the latter transmittal with enclosures during the inquest, file the case first thing in the morning of the following day. Common Problems Encountered 1. Suspects in complaints against illegal Recruitment are nowhere to be found. 2. Suspects in cases that were filed in courts were able to settle their dues with the victims without the knowledge of the investigators 3. Availability of the complainants in far flung areas pursuing the case due to problems like transportation, finance and alike. N. DISASTERS INDETIFICATION PROBLEMS 1. Introduction When a disaster occurs, a tremendous responsibility is immediately vested on the law enforcement officer to perform many tasks. A disaster is usually a situation that strikes suddenly and is totally unexpected. It consists of a single event or a series of events that may be brought on by the work of the elements or through some man-made accident. a. Disaster Defined – A great natural catastrophe or an extraordinary accident which plunges scores of 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 immediate and decisive action, and the community will be severely critical if this is not immediately forthcoming. The public expects the law 98
enforcement officer to live up to the paramount traditions of outstanding courage and unselfish devotion to duty for the protection of human lives, minimizing property losses and alleviating human suffering. c. Types of Disaster – Fires, explosions, floods, volcanic eruptions, earthquakes, 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 i. Identify the dead. 3. Necessity for Positive Identification of Deceased a. Legal settlement of estates. b. Insurance policies c. Business relationships d. Remarriage of survivors e. Objective of identification work 4. Organization of Disaster Identification Team a. Who is charge? When several agencies (like NDCC or task forces) agree to work together, they may also agree on this question. b. Expert assistance is required. Other help will be needed, the number and type of persons depending on the magnitude of each problem. Expert assistance may be required in a number of fields, including morticians, doctors, dentists, pathologists and identification specialists able to employ special fingerprint techniques. 5. Recovery of Bodies a. Special equipment. In the rescue process, special equipment, such as bulldozers, cranes, boats, etc. may be needed to recover the dead. b. Record the location of the body. When a victim is found, the exact place of recovery should be indicated and the body tagged and numbered. c. Body tag number. Fingerprint card must correspond to the tag number of the body form which the prints were taken. d. Personal effects should be placed in a container and properly identified as to the place or recovery and body number, and kept with the body. If there is any question concerning them, they should be handled as separated items. 6. Centralized Receiving Morgue. a. Litters and body covers, cadaver bag, blanket or a 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 number of persons who will later require access. c. The master numerical log should be established upon arrival of the body at the morgue. 7. Preliminary Body Examination. a. Physical characteristics – Teeth for dental works; operation and other scars; deformed legs, arms or fingers; amputations; color of hair and eyes; race; approximate height and weight; age; tattoos and any other identifying characteristics. Jewelry and pocketbook contents are most important. b. Fingerprinting. The most positive, reliable and infallible means of identification is through fingerprinting. c. Jewelry and pocket contents help in the identification of victims d. Clothing also helps in the identification of victims. 8. Morgue Administration a. Preservation of remains b. Body segregation 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. 99
9. Establishing Positive Identity a. Comparison of Missing Person date with recorded body observations. b. Death certificate and release of body. Authorities should be most reluctant 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 CHAPTER V ORGANIZED CRIMES A. DEFINITION Questions have been raised as to the difference between organized crime groups and syndicated crime groups since the two have been interchangeably used in a number of our laws. Actually there is none-probably only misuse of words. Clarifications may be achieved however, if we look into the definition of each critical term: ORGANIZATION: Is a complex set of people and functions enter related in hierarchical structure specifically for the purpose of attaining goals. SYNDICATE: Is a body of persons associated for some design and undertaking which is usually a bold and difficult one. By its descriptive definition alone, one can safely deduce that a group maybe a syndicate but may not always be an organization During the World Ministerial Conference on Organized, Transnational Crime held in Naples in 1994, the following definition of ORGANIZED CRIME was adopted: “a systematically planned and prepared criminal acts committed through distributing responsibilities among members of a criminal organization, through a long term activities using intimidation, violence or corruption regardless of national borders, for the purpose of financial profit or social power.” Therefore, based on the above definitions, crime group may sometimes be referred to as a syndicate. However, organized crime, based on its international definition, is not exactly synonymous with crime groups or syndicates – although they may compose organized crime. Crime groups or syndicated may only be classified as ORGANIZED if it satisfies the following criteria: 1. It is composed of hundred of members; 2. Its structure is complex as those of any large corporation; 3. It is subject to laws more rigidly enforced than those of legitimate government; 4. Its organizations are usually structured along hierarchical line – a chieftain supported by close advisors, and then lower echelon members; 5. Its action are not impulsive, but rather the result of intricate conspiracies; 6. Responsibilities are distributed through long term activities; and 7. Has highly sophisticated technology. Our laws, specifically Executive Order Nr 3 and Executive Order Nr 8 define Organized/ Syndicated Crime Group as: A group composed of two (2) or more persons collaborating, confederating or mutually helping one another in the commission of any crime and sometimes enjoying the protection of people in the government or public service. In the Philippines, the presence of organized crime as defined in the US and other countries is very minimal if not nil. Highly structured criminal conspiracy with wellentrenched contacts in the police, prosecution, judiciary, and in other influential positions of the government exist only in the areas of illegal gambling and to some extent, illegal drug trafficking. 100
However, crime groups do exist and are engaged in various illegal activities. These groups are loosely organized and are more entrepreneurial and opportunistic in nature than organized in the structured, hierarchical and disciplined manner employed by such group as the US Cosa Nostra, the Japanese Boryokudan and the Columbian Cali and Medellin Cartels among others. The propensity with which we affixed ORGANIZED or SYNDICATED when we refer to all crime groups or syndicates is not only misplaced but may unnecessarily create a picture of unmanageable crime situation in the country. Not to mention our lack of understanding of the nature, attributes, and extent of organized crime. Therefore, for purposes of accurate monitoring and investigation, it is recommended that the meaning of ORGANIZED/SYNDICATED CRIME GROUPS should fall only in the context of a crime group or syndicate. Adjectives such as syndicated or organized should therefore be omitted when referring to these criminal elements. This should not however constrain us from the awareness that organized crime in criminal activities such illegal gambling, drug trafficking and others are continuously evolving in our country. B. PROCEDURE AND TECHNIQUES Intelligence Build-up Validation of Intelligence 1. Summary 2. Order of Battle 3. Agent’s Reports Record Exploitation 1. Investigation Reports 2. Rogues Gallery 3. Modus Operandi File 4. Transmittal to Prosecutor’s Office 5. Booking Sheets 6. Sworn Statements 7. Coordination with Government and Non-government Offices Identification of Target Personalities 1. Identification/ Determination of the Individual target personalities 2. Identification of the Organizational Profile of the OCG 3. Identification of all residences, safehouses, havens and possible rest recreation areas. Case-Build-up 1. Documentation of target with derogatory info/ record and / or pending cases; 2. Documentation of targets with warrants/ order of arrest; 3. Documentation of all cases committed by Targets with the end-in-View of filing the cases before the proper forum. Negation Phase 1. Prioritizing targets; 2. Arrest/ Search before filing the case; 3. Arrest/ Search after filing the case; and 4. Counter-action a. Simultaneous b. Maximum paralyzing effects against the OCG 5. Where police operations result to injuries or death of suspects: a. Immediate evacuation of injured suspect should be mage to the nearest hospital; b. The Team Leader should designate the investigator with the assistance of the SOCO preparatory to the conduct of the INQUEST by the Duty Inquest Prosecutor; c. In the absence of the Inquest Prosecutor, the investigator should prepare the investigation report, supported by affidavits and pieces 101
of evidence and transmit the same to the Office of the Prosecutor having jurisdiction of the place of the incident for appropriate action. CHAPTER VI SELECTED SUPREME COURT RULING AND JURISPRUDENCE A. BILLS OF RIGHTS Section 2 PROBABLE CAUSE. Unlike proof of probable cause for a warrant of arrest, probable cause for a search warrant for this need not point to a specific offender. 11(Weeb v. de leon, G.R #121234, August 23, 1995 (63 SCAD 917). In – application for a search warrant for contraband video tapes, the presentation of the master tapes of copyrighted films from which copies re alleged to have been made is essential, “The court cannot presume that duplicate or copied tapes were necessarily reproduce from the tapes that (the complainant) owns.” 12 (20th Century Fox Film v Court of Appeals, 55 SCAD 864, SCAD 864, SCRA 367 (1994). PARTICULARITY OF DESCRIPTION. A 1993 case offers another example of an insufficient description. “13 (Columbia Pictures v Flores, GR # L-78631, June 29, 1993 (42 SCAD 764). Television sets, Video Cassettes Recorders, rewinders, tape head cleaners, accessories, equipment and other machines used or intendent to be used in the unlawful reproduction, sale, rental/lease, distribution of the above-mentioned video tapes which she is keeping and concealing in the premises above-described. WARRANTLESS ARREST UNDER RULE 112. For the arrest of one in flagrante delicto to be valid under Rule 112, Section 5, (a), the law tilts in favor of authority. Thus, speech which in a officer’s estimation is criminally seditious can justify warrantless arrest in flagrante delicto even if upon prosecution the officer in proved wrong. The criminal characters of speech is something that is not easily determined and must await court estimation.” 20(Espiritu v Lim, G.R. # 85727, October 3, 1991. but see dissents) In People v Mengote, “21 (G.R. 87059 June 22, 1922), what the surveillance team of people saw were two men “looking form side to side,” and one of them holding his abdomen. When approached, the two men ran away but were caught. When searched, they yielded at .38 caliber Smith and Wesson revolver to the police who used it as evidence in a prosecutor for possession on an unlicensed firearm. The court ruled the evidence inadmissible saying that no offense was involved in “looking from side to side” and holding the abdomen, regarding Section 5(b).” it is not enough that there is reasonable ground to believe that the person to be has committed a crime. A crime must in fact or actually have been committed first. That a crime has been committed is an essential precondition.” 22 1d. At 15. and the arresting officer must have personal knowledge of the commission of the crime. Thus, a police officer who learns about the recent commission of the crime merely from a report does not possess the “personal knowledge” needed to justify a warrantless arrest.” 23(Go v Court of Appeals, 206 SCRA 138, 150 (1992). Moreover, an arrest made nineteen hours after the offense has been committed cannot be of one whose crime “in fact just been committed.” 24 (People v Manlulu, 50 SCAD 71, 231 SCRA 701 (1994). See also People v Rodriguez, 205 SCRA 791, 796-797 (1992) and people v Enrile, 41 SCAD 767, 222 SCRA 586 (1993). Section 3 EXCLUSIONARY RULE. Ramirez v Court of Appeals 25 G.R. # 93833, September 28, 1995 was a conviction under Section 3 of RA 4200, the Anti-wiretapping Law for a tape recording of a private conversation in an office. The evidence was excluded but the constitutional aspect was not touched. Section 12 PERSON PROTECTED. The rights enumerated are not available before police investigators undergoing audit because an audit examiner is not a law enforcement officer.” 53 (Navallo v Sandiganbayan, 53 SCAD 294, 234 SCRA 175 (1994)). Nor for that matter does it apply to a situation where a person, not being under investigation, presents himself to the police and in the process makes his admissions.” 54 (people v 102
Taylaran, 108 SCRA 373, 378-9 (1981). The accepted rule, moreover, following Escobedo and Miranda, was , from the start, that the rule covered only situations when the person was already in custody, for which reasons Escobedo had referred to them as right” under custodial investigation.” 55(People v Caguuioa 95 SCRA 29 1980). Significantly, however, the Court, in Galman v Pamaran,” 56(138 SCRA 294 319, August 30, 1985) departed from this rule. The Court sustained the contention of General Ver that the provision covered even persons not yet in custody but already under investigation because the 1973 text did not speak of “custodial” investigation. The text of the 1987 Constitution has preserved the phrase “person under investigation” without the word ”custodial.” Moreover, the discussions on the floor of the 1986 Constitutional Commission manifest an intent, in the light of experience during marital law, to expand the coverage of the right to situation when a person is not yet in custody but is already a suspect. Jurisprudence under the 1987 Constitution, however, has consistently held, following Escobedo, the stricter view, that the rights begin to be available only when the person is already in custody. As Justice Ragalado emphasized in People v Marra:” 57 (People V Marra, 55 SCAD 418, 236 SCRA 565, 573, (1994). Italics in original. Custodial investigation involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. In an obiter and writing for a division in People v Maqueda, “58(G.R. # 112983, March 22, 1995 (59 SCAD 794). Justice Davide, who like Justice Regalado, was a member of the 1986 Constitutional Commission, adverted to the view in the Constitutional Commission that the rights are available even to one who is not yet in custody. There are, however, investigatory situations where Section 12(1) does nor apply. Subjection to paraffin test is one because it does not ask for communicative action or testimonial compulsion. 59(People v Gamboa G.R. # 91374, February 25, 1991). Similarly, one placed in a police line-up does not enjoy Section 12 (1) rights. Unless there is a move on the part of investigators to elicit admissions or confessions.” 60(People v Frago, 51 SCAD 497, 232 SCRA 653 1994; People v 1992; People v Casinilio, 213 SCRA 777 1992; Gamboa v Judge Cruz, 162 SCRA 642 1988), but see dissent of Chief Justice Yap and Justice Sarmiento). But a person already under custodial investigation who is place in a police line-up is entitled to Section 12 rights.” 61 (People v Macam, 56 SCAD 737, 238 SCRA 566 1994). RIGHT TO COUNSEL. The specification of the duty of the state to furnish the detainee with counsel is meant to put emphasis of the duty of the state. Jurisprudence on this subject, however, has been on the side of erratic. Thus, for instance, where an extrajudicial confession was made in the absence o counsel but where at the closing stage of the interrogation counsel arrived and had the opportunity to read the statement and discuss it with the client who subsequently signed it, the Court said that there had been substantial compliance.” 62 (Estacio v Sandiganbayan, G.R# 75362, March 6, 1990). This however, and a similar case,” 63 (people v Rous G.R # 103803-04, March 27, 1995 60 SCAD 46). Was corrected in People v Lucero.” 64(GR#97936, May 29, 1995 (61 SCAD 410). Also People v de Jesus, GR # 91535, September 2, 1992 and People v Bandula, 51 SCAD 416, 232 SCRA 566 1994). Where in the same middle of the investigation the lawyer had left to attend a wake, came back when the accused had already signed his statement and affirmed that he did it voluntarily. The court ruled that rights to counsel was right to effective counsel from the moment of questioning and all throughout. When Section 12(1) Protection ends. The criminal process includes the investigation prior to the filing of charges, the preliminary examination and investigation after charges are filed, and the period of trial. The Miranda rights or Section 12 (1) rights were conceived for the first of these three phases, that is, when the inquiry is under control of police officers. It is in this situation that the psychological if not physical atmosphere of custodial investigations, in the absence of proper safeguards, is inherently coercive.” 65(Miranda v Arizona. 384 U.S. at 488-58). Outside of this situation. Section 14 and 17 come into play. 103
Justice Narvasa was referring to the same matter when he said that Section 12 (1) does not apply to persons under preliminary investigation or already charged in Court for a crime.” 66 (People v Ayzon, 175 SCRA 216, 232 (1989). In People v Maqueda, GR#112983, March 22, 1995, 59 SCAD 794, another division consideration the view too restrictive and, relying on the generous rule in Pamaran and Morales v Enrile (121 SCRA at 554) said that the right exist at anytime before arraignment. The Maqueda argumentation, however, is not persuasive). For these are already under supervision of a court. Conceivably, however, even after charges are filed, the police might still attempt to extract confessions or admissions from the accused outside or judicial supervision. In such situation, Section 12(1) would still apply. But outside of such situation, the applicable provision are Section14 and Section 17. it is for this reasons that an extrajudicial confession sworn to before a judge even without assistance of counsel enjoys the mark of voluntariness.” 67(People v Pamon, 217 SCRA 501 (1993)); People v Baello, 43 SCAD 32, 224 SCRA 218 (1993); People v Parajinog 203 SCRA 673 (1993) People v Marcos, 147 SCRA (1987). COERCED CONFESSION OR ADMISSIONS. The 1987 text covers both “confessions” and “admissions” the difference between confession and admission is found in Rule 130 of the Rules of Court. Admission is the “Act, declaration of omission of party as to a relevant fact” (Rule 130, Section 26) whereas confession is the “declaration of an accused acknowledging his guild of the offense charge, or of any offense necessarily included therein.” (Rule 130, Section 33). Confession or admission covered by the provision, however, need not be explicit; they can be merely implicit in any evidence that is communicative in nature. Thus, the signature of an accused on a receipt for seized property.” 68(People v de Guzman, GR# 86172, March 4, 1991; People v de las Marinas, GR#87215, April 30, 1991; People v Bandin, 44 SCAD 684, September 10, 1993.) or marijuana cigarettes where the accused wrote his name.” 69 (People v Enriquez, Jr., GR#90738, December 8, 1991; but where an accused is not being prosecuted for possession of marked bills, there is no self-incrimination if the marked bills are presented. People v Linsangan, GR# 88589, April 16, 1991.) is not admissible of guild but only of the fact or booking and arrest.” 70(people v. Bandin, 44 SCAD 684, September 10, 1993). Against whom are illegal confessions and admissions inadmissible? The text makes them inadmissible “against him,” that is, against the source of the confession of admission. And if is alone who can ask for exclusion.” 71 (People v Balisteros, 56SCAD 1215, 237 SCRA 499 1994). They are, however, admissible against the person violating the constitutional prohibition. “72 (Session of November 27, 1972, 1972 Constitutional Convention.) to the extent that admissibility is allowed by the ordinary rules on evidences.” 73( I RECORD OF 1986 CONSTITUTIONAL COMMISSION 685-6, 734-6) Section 13. RIGHT TO BAIL. The person claiming the right must be under actual detention or custody of the law. One is under the custody of the law either when he has been arrested or has surrendered himself to the jurisdiction of the court, as in the case where through counsel petitioner for bail who was confined in a hospital communicated her submission to the jurisdiction of the court, as in the case where through counsel petitioner for bail who was confined in a hospital communicated her submission to the jurisdiction of the court. “74 (Paderange v Court of Appeals, G.R # 115407, August 28, 1995). A distinction must be made between the penalty of “life imprisonment” and reclusion perpetua. (1) Life imprisonment is a penalty is special laws while reclusion perpetua is imposed by the Revised Penal Code; (2) Life imprisonment does not carry accessory penalties, whereas reclusion perpetua does; (3) liege imprisonment is indefinite, whereas reclusion perpetua is for 30 years after which the convict is eligible for pardon. The distinction is important because under the 1985 Rules of Criminal Procedure a person charged with an offense punishable by “life imprisonment” was entitled to bail as a matter if right. However, effective October 1, 1994, Rule 114 was amended placing “life imprisonment” on the same level as death 104
and reclusion perpetua. “75(Cardines v Rosete, 59 SCAD 788, 242 SCRA 557, 562, 1995). B. WARRANTLESS ARRESTS (Sec 5, Rule 113, Rule of court). A peace officer or eve a private person may effect an arrest without a warrant: a. When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence. i. In UMIL v RAMOS, 187 SCRA 311, the Supreme Court held that rebellion is a continuing offense. Accordingly, a rebel may be arrested at any time, with or without a warrant, as he is deemed to be in the act of committing the offense at any time of day or night. See also the resolution on Motion for reconsideration in Umil v Ramos, 202 SCRA 251. ii. In PEOPLE v. SUCRO, 195 SCRA 388, it was that when a police officer sees the offense, although at a distance, or hears the disturbances created thereby, and proceeds at once to the scene thereof, he may effect an arrest without warrant. The offense is deemed committed in the presence of within the view of the officer. iii. In People v. Rodrigueza, 205 SCRA 791, the police officer, acting as a poseur-buyer in a “buy-bust operation”, instead of arresting the suspect and taking him into custody after the sale, returned to headquarters and filed a report on his purchase. It was only in the evening of the same day that the police officer, without a warrant, arrested the suspect at the letter’s house where dried marijuana leaves were found and confiscated. The Supreme Court ruled that both arrest and seizure (People v. Enrile 222 SCRA 586) iv. The discovery of marked money on the person of the accused did not mean that he was caught in the act of selling marijuana. The marked money was not prohibited per se. Even if it were, the fact alone would not retroactively validate the warrantless search and seizure (People v Enrile 222 SCRA) b. When an offense had just been committed an the has personal knowledge of facts indicating that the person to be arrested has committed it; i. In Go v Court of Appeals, 206 SCR 138, six days after the shooting as petitioner presented himself before the San Juan Police Station to verify news reports that he was being hunter, the police detained him because an eyewitness had positively identified his as the gunman who shot Maguan. The Court held that there was no valid arrest; it cannot be considered as within the meaning of “the offense had just been committee” inasmuch as six days had already elapsed; either did the policemen have personal knowledge of facts that Go shot Maguan. ii. But in People v Gerente, 219 SCRA 756, where the policemen saw the victim dead at the hospital and when they inspected the crime scene, they found the instruments of death and the eyewitnesses reported the happening and pointed to Gerente as one of the killers, the warrantless arrest of Gerente only three hours after the killing was held valid, since the policemen had personal knowledge of the violent death of the victim and of the facts indicating that Gerente and two other had killed the victim. Further, the search of Gerente’s person and the seizure of the marijuana leaves were valid as an incident to a lawful arrest. c. When the person to be arrested is a prison who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. d. Add: When the right is voluntarily waived. i. The posting of a bail constitutes a waiver of any irregularity attending the arrest. (Callanta v Villanueva 77 SCRA 377; Bagcal v. Villaranza, 120 SCRA 525) ii. Appellant is stopped from questioning the illegality of his arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty and by participating the trial (People v De Guzman, 224 SCRA 95) iii. The illegality of the arrest is cured when the accused files a petition for bail (People v Dural, 223 SCRA 207) C. WARRANTLESS SEARCHES a. When the right is voluntary waived i. Note that for the valid waiver of a constitutional right, it must appear first that the right exist; secondly, and that the person involved had knowledge, either actual or constructive of the existence of such right; and thirdly, that the said person had an actual intention to relinquish the right (De Garcia v Locsin, 65 Phil 689) ii. In People v Omawing, 213 SCRA 462, the accused, driving a vehicle, was stopped at a checkpoint, and when the vehicle was inspected, the soldiers asked permission to see the contents of a bag which was partially covered by a spare tire. The accused 105
consented, and upon inspection, the bag was found to contain marijuana. The court rule that there was valid waiver. iii. But in Aniag v Comelec, 237 SCRA 424, the Suprem Court said that, in the face of 14 armed policemen conducting the operation, driver Arellano, being alone and a mere employee of the petitioner, could not have marshaled the strength and the courage to prest against the extensive search conducted on the vehicle. “Consent” given under intimidating or coercive circumstance is not consent within the purview of the constitutional guarantee. iv. In People v Exala, 221 SCRA 494, the right ws deemed waived because the accused did not object to the admissibility of the evidence during the trial, and the submissive stance after the discovery of the bag and the absence of any protest which thus confirmed their acquiescence.. there was also a valid arrest because it was effected upon the discovery of the prohibited drug in the possession of the accused. v. In People v Ramos, 222 SCRA 557, the Supreme Court said that the evidence for the prosecution clearly disclosed that Ramos voluntarily allowed himself to be frisked, and that he gave the gun to the police voluntarily; thus, there was a valid waiver. See also People v Fernandez, 239 SCRA 174. vi. However, in People v Barros, 231 SCRA 557, the silence of the sent. Rather, it was a “demonstration of regard for the supremacy of the law” in this case, the warrantless search was declared invalid, because there was no showing of any circumstances which constituted probable cause for the peace officers to search the carton. Neither did the peace officers receive any information or ”tip-off” form an informer. They also did not contend that they detected the odor of dried marijuana. vii. In Veroy v Judge Layague, 210 SCRA 97, it was held that where permission to enter a residence is given to search for rebels, it is illegal to search the rooms therein and seize firearms without a search warrant. viii.In People v Damaso, 212 SCRA 457, PC officers sent to verify the presence of CPP/NPA member in Dagupan City, reached a house suspected to be rented by a rebel. Outside the house, they saw one Luz Tanciangco (who turned out to e a helper of the accused). The PC officers told Luz that they already knew that she was a member of the NPA, and requested that they be allowed to look around. Luz consented. Inside the house, the team found subversive materials and firearms, which Luz identified as belonging to the accused. The Court held that the constitutional rights against unreasonable searches and seizures, being a personal one, cannot be waived by anyone except the person whose rights are invaded, or one who is expressly authorized to do so in his behalf. Here, there was no evidence that the accused had given Luz authority to open his house in his absence. Thus the search and seizure were illegal. ix. But in Lopez v Commissioner of Customs, 68 SCRA 320, there was deemed to be valid waiver where, upon a warrantless search of a hotel room, consent and voluntary surrender of papers belonging to the registered but absent occupant was given by a woman identified as the wife of the occupant but who in fact was a “mere manicurist”. b. As an incident to a lawful arrest, provided that the search is made contemporaneous to the arrest and within a permissible area of search. i. Sec. 12, Rule 126, as clarified in the 1985 Revised Rules on Criminal Procedure provides that “a person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant.” ii. The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Object in the “plain view” of an officer who has the right to be in the position to have the view are subject to seizure and may be presented as evidence. But the “plain view” doctrine may not be used to launch unbridles searches and indiscriminate seizures, nor to extend to a general exploratory search made solely to find evidence of defendant’s guilt. The “Plain view” doctrine is usually applied where a police officer is not searching for evidence against the accused, but nonetheless inadvertently comes upon an incriminating object (People v Musa, 217 scra 597). iii. In Posadas v Court of Appeals, 188 SCRA 288, the Court up held the validity of a search made by police officers on one who confronted by the police because “he was acting suspiciously”, ran away. But in People v Rodriguez, 232 SCRA 498, the arrest and consequently search of the accused, simply because “he was acting suspiciously” was held invalid. 106
iv. In People v Tangliben, 184 220, where two policemen on surveillance, fter reciving a tip form an informer, noticed a person carrying a red bag acting suspiciously, then confronted the person and found inside the bag marijuana leaves, the Supreme Court held that the seizure was valid, as “an incident to a lawful arrest”. The Court said that the matter presented urgency; when the informer pointed to the accused as one who was carrying marijuana, the police officers, faced with such on-the-spot information, had to act quickly. There was enough time to secure a search warrant. In People v Malsmtedt, 198 SCRA 401, where, soldiers manning a checkpoint (set up because or persistent report that vehicles were transporting marijuana and other prohibited drugs) noticed a bulge on the accused’s waist and the pouch bag was found to contain hashish, the search was deemed valid as an incident to a lawful arrest (as the accused was then transporting prohibited drugs) - and there was sufficient probable cause for the said officers to believe that the accused was then and there committing a crime. v. In People v Catan, 205 SCRA 235, where a “buy-bust operation” was made at the house of the accused, and immediately after the purchase, the accused was arrested and a search made of the premises, the Court ruled that the search was validly made. Contemporaneous to the arrest. (Note: Possession of marijuana is absorbed in the sale of marijuana only with respect to the marijuana delivered to the buyer, not to marijuana found in the seller’s possession which are not subject of the sale and which are probably intended for some other purpose). vi. In Pita v Court of Appeals, 178 SCRA 362, it was held that the respondents had not shown the required proof to justify a ban and to warrant confiscation of the magazines; they were not possessed of a lawful court order (i) finding the materials to be pornographic and (ii) authorizing them to carry out a search and seizure. To justify a warrantless search as an incident to a lawful arrest, the arrest must be on account of a crime having been committed. Here, no party has been charged, nor are any charges being pressed against any party. The supreme Court outlines the procedure to be followed, thus: a criminal charges must be brought against the person/ for purveying the pornographic materials; an application for a search and seizure warrant obtained from the judge (who shall determine the existence of probable cause before issuing such warrant); the materials confiscated brought to court in the prosecution of the accused for the crime charges; the court will determine whether the confiscated items are really pornographic, and the judgment of acquittal or conviction rendered by the court accordingly. vii. In People v Sucro, 195 SCRA 388, the Supreme Court held that a warrantless search and seizure can be effected without necessarily being preceded by an arrest, provided that the same is effected on the basis of probable cause. viii.While it is conceded that in a buy-bust operation, there is seizure of evidence from one’s person without a search warrant, inasmuch as the search is an incident to a lawful arrest, there is no necessity for a search warrant (People v Dela Cruz 184 SCRA 416). Thus, in a “buy-bust” operation, was frisked by operatives who found marked money which was used to buy two sticks of marijuana cigarettes and 17 more marijuana cigarettes, the search was deemed valid s an incident to a lawful arrest. Likewise, in People v Musa, supra., it was held that in a buy-bust operation, the law enforcement agents may seize the marked money found on the person of the pusher immediately after the arrest, even without an arrest or search warrant. However, in People v Zapanta, 195 SCRA 200, where, as an incident to a “buy-but” entrapment operation, a raid of the house under the mat, the Supreme Court said that apart form the uncertainly among the witnesses as to how many marijuana cigarettes, if any, were found in Zapanta’s possession during the raid, the search was made without a warrant, therefore, the marijuana cigarettes seized in such raid were inadmissible in evidence. c. Searches of vessels and aircraft for violation of immigration and customs laws. i. A fishing vessels found to be violating fishery laws may be seized without a warrant on two grounds: firstly, because they are usually equipped with powerful motors that enable them to elude pursuit, and secondly, because the seizure would be an incident to a lawful arrest (Roldan v ARca, 65 SCRA 3361) ii. In People v Aminnudin, 163 SCRA 402, where the accused was searched and arrested upon disembarkation from a passenger vessel, the Court held that there was no urgency to effect a warrantless search, as it is clear that the Philippine Constabulary had at least two days (from the time they received the tip until the arrival of the vessel) within which they could have obtained a warrant to search and arrest the accused. Yet, they did nothing; no effort was made to comply wit the law. iii. The situation in People v Saycon, 236 SCRA 325, is different, because the NARCOM agents received the “tip” in the early morning of July 8, 1992, and the boat on which the accused boarded was due to arrive at 6:00 am on the same day. 107
Furthermore, there was probable cause consisting of two part: firstly the agents conducted a “buy-bust” operation; and secondly, they received confidential information that the boat was due to leave soon. d. Searches of automobiles at boarders or “constructive” borders for violation of immigration or smuggling laws. i. Warrantless search of vehicles made within interior of territory justified only if there is probable cause. See: Papa v Mago, 22 SCRA 857; People v CFI of Rizal, 101 SCRA 86. In People v Balingan 241 SCRA 277, the search and seizure of the luggage of a passenger in a bus after the team had tailed the bus for 15 to 20 minutes (because of a tip received by the team) was held to be valid. This reiterates the ruling of People v Lo Ho Wing, 193 SCRA 122, where the Court gave approval to a warrantless search done on a taxicab which eventually yielded shabu. ii. In Valmonte v De Villa, 178 Scra 211, the Supreme Court upheld the validity of “checkpoints”. To enable the NCRDC to pursue its mission of establishing effective territorial defense and maintaining peace and order for the benefit of the public. In its resolution on the motion for reconsideration (185 SCRA 665), the Supreme Court stressed that the warrantless search is not violative of the Constitutional for as long as the inspection is limited to a visual search, and neither the vehicle itself nor the occupants are subjected to a search. An extensive search is allowed only if the officers conducting the search had probable cause to believe before the search that either the motorist was a law offender or that they would find evidence pertaining to the commission of a crime in the vehicle to be searched. This is reiterated in Aniag v Comelec, supra. iii. In Bagalihog v Fernanandez, 198 SCra 615, where respondent Roxas confiscated and impounded petitioner’s motocylcle which was believed one of the vehicles used by the killers of Rep. Moises Espinosa, the Supreme Court ruled that the confiscated, without warrant, was unlawful. The constitutional provision protects not only those who appears to be innocent but also those who appear to be guilty but are nevertheless presumed innocent until the contrary is proved. The necessity for the immediate seizure of the motorcycle had not been established; either can the vehicle be detained on the ground that it is a prohibited article. e. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations. (But see Camara v Municipal Court, 387 U.S. 523, where the U.S. Supreme Court reversed the conviction of a person who refused a warrantless entry into his residence by municipal officer who wanted to make a routine annual inspection of premises for possible violations of the San Francisco House Code.) f. Where prohibited articles are in plain view “open to eye an hand,” they maybe seized even without warrant. See: Chia v ACTG Collector of Customs, 177 SCRA, and as clarified in People v Musa, 217 SCRA 597 g. In Guazon v De Villa, 181 Scra 623, the Supreme Court upheld, as a valid exercise of the military powers of he President, the conduct of “aerial target zoning” or “saturation drive/s” (Note: in this case, the validity of the search was not directly questioned; what was raised in issued was the alleged abuse/s committed by the military who conducted the “saturation drives” in the absence of complaints and complaints against specific actors, no prohibition could be issued. However, the Court temporarily restrained the alleged banging of walls, kicking of doors, herding of half-naked men for examination of tattoo marks, the violation of residence, even if these are humble shanties of squatters ,a nd the other alleged acts which are shocking to the conscience. The Supreme Court remanded the case to the trial court for reception of evidence on the alleged abuses. h. In people v De Garcia, 233 SCRA 716, considering the circumstances obtaining at the time of the raid of Eurocar Sales Office at the height of the December 1989 coup d’ etat. Military operatives had reasonable ground to believe that a crime was being committed, and they had no opportunity to apply for a search warrant from the courts as the latter were closed. Under such urgency and exigency, a search warrant could lawfully be dispensed with. APPENDICES A. LAWS, STATUTES ANTI-GRAFT AND CORRUPT PRACTICES ACT: RA Nr. 3019 9 August 17, 1960) Anti-Graft and Corrupt Practices Act (As amended). PD Nr. 46 (Nov. 10 1972) making it punishable for public officials and employees to receive, and for private persons to give, gifts on any occasion, including Christmas. 108
ARREST AND RESCUE: PD Nr. 1829 (January 16, 1981) Penalizing obstruction of apprehension and prosecution of criminal offenders. Executive Order Nr 58, S. 1986. Authorizing the Ministry of Social Services and Development to take protective custody of child prostitutes and sexually exploited children, and for other purposes. ILLEGAL RECRUITMENT: PD Nr 2018 (January 26, 1986). Making illegal recruitment a crime of economic sabotage and punishable with life imprisonment. ILLEGAL POSSESSION OF F/As, DEADLY WEAPONS: PD Nr. 1745 (Nov 20, 1983). Codifying the laws on illegal/unlawful possession, manufacture, dealing in, acquisition of disposition of firearms, ammunition or explosives of instruments used in the manufacture of firearms, ammunition or explosive; and imposing stiffer penalties for certain violations thereof and for relevant purposes (As amended by RA 8294) ANTI-PIRACY AND HIGHWAY ROBBERY: Pres Decree No. 532 (August 8, 1974) Anti-Piracy and Anti-Highway Robbery Law of 1974. ANTI-WIRE TAPPING LAW: Rep Act No.4200 (June 19,1965). Act to prohibit and penalize wire tapping and other related violations of the privacy of communication, and for other purposes. WITNESS PROTECTION: Rep Act No. 6981 (April 24, 1991). Witness Protection, Security and Benefit Act ANTI-FENCING & VIOLATION OF BP 22 Pres Decree No. 1612 (March 2, 1979). Anti-Fencing Law of 1979 Batas Pambansa 22 B. REPORT FORMATS 1. Initial Reports a. Pot Report b. Progress Reports c. After Operations Reports d. Final Report 2. Intel Operation Report a. Summary of Information Reports b. Background Investigation/ Inter (BI) Reports c. Complan 3. Investigation Reports a. Investigation Plan b. Evidence Custodian Reports c. Case Investigation Reports d. Coordination Reports e. Police Reports 1. Alarm Reports 2. Advance Report 3. Crime Reports f. Request for examination reports g. Request of Issuance of Subpoena/ Subpoena duces tecum h. Scene of the Crime (SOCO) Operation Reports i. Investigation Sheet (IS) Reports/ Case filed Reports j. Inquest Referral Reports 4. after Arrest and Seizure Reports a. Booking Reports b. Complaint of Chief of Police c. Return of Warrant Reports d. Request for lifting or Alarm of Motor Vehicle/s e. After Surveillance Reports f. Application of Search Warrants g. Deposition of Witnesses 109
h. Compliance of Return of Search Warrants i. Certification of Orderly Search j. Inventory Report in Case of Search Warrant k. Detention Reports 5. Case Monitoring Report a. Case Hearing Reports b. Promulgation Reports
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS. (PD NO. 46) WHEREAS, under existing laws and the civil service rules, it is prohibited to receive, directly or indirectly, any gift, present or any other form of benefit in the course of official duties; WHEREAS, it is believed necessary to put more teeth to existing laws and regulations to wipe out all conceivable forms of graft and corruptions in the public service, the members of which should not only be honest but above suspicion and reproach; and WHEREAS, the stoppage of the practice of gift-giving to government men is a concrete step in the administration’s program of reforms for the development of new moral values in the social structure of the country, one of the main objectives of the New Society. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion, including Christmas, when such gift, present or whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments in honor of the official or employee or of his immediate relatives. For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor more than (5) years and perpetual disqualification from public office shall be imposed. The official or employee concerned shall likewise be subject to administrative disciplinary action and, if found guilty, shall be meted out the penalty of suspension or removal, depending on the seriousness of the offense. Any provision of law, executive order, rule of regulations or circular inconsistent with this Decree is hereby repealed or modified accordingly. This Decree shall take effect immediately after its publication. (68 OG No. 47 Nov. 20, 1972) Done in the City of Manila, this 10th day of November, in the year of Our Lord, nineteen hundred and seventy-two.
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PROVIDING FOR THE DISPOSITION OF CASES INVOLVING SIMPLE ILLEGAL POSSESSION OF FIREARM, AMMUNITION, OR EXPLOSIVE, THE SURRENDER OF SUCH CONTRABAND UNDER CERTAIN GUARANTEES AND CONDITIONS, AND FOR OTHER PURPOSES (PD No. 1745, as amended) WHEREAS, numerous cases of simple illegal possession of firearm, ammunition or explosive either are under investigation, or have been filed in court, or have resulted in conviction and sentence; WHEREAS, reports from the law enforcement agencies further reveal that there are still a big number of loose or unlicensed firearms, ammunitions or explosives in the possession of individuals a majority of whom, not having used such contraband for the commission of any other offense or offenses, may be desirous of surrendering the same but are prevented from doing so for fear of being punished in accordance with current laws; WHEREAS, in order to give the aforementioned holders of loose or unlicensed firearms, ammunition or explosives the opportunity to dispose of the same without incurring criminal liability, it is necessary to adopt a liberal scheme for the purpose; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the following: Section 1. Grant of Amnesty. Amnesty is hereby decreed in favor of any person who, on or before the date of effectivity of this Decree, has been under arrest and/or investigation for, charged with, or convicted of, simple illegal possession of firearm, ammunition, or explosive, provided that he shall apply therefor in writing to the proper authorities within three (3) months from such date of effectivity. For purposes of this Decree, illegal possession of firearm, ammunition or explosive shall be deemed simple if no other, offense is committed with the use of such firearm, ammunition or explosive. Section 2. Persons Disqualified From Amnesty. The following are disqualified from amnesty under this Decree: (a) Promoters, maintainers, heads or members of rebellious, seditious or subversive organizations or associations; (b) Those who have been arrested, charged with and/or convicted of illegal possession of firearm, ammunition or explosive, with resultant offense or offenses. Section 3. Surrender of Firearms, Ammunition, Explosives. All laws, rules and regulations to the contrary notwithstanding, any person not otherwise disqualified under Section 2a hereof, who possesses any firearm, ammunition or explosive without any license or permit as prescribed by law may, without incurring any criminal liability therefor, surrender the same to the proper authorities within a period of three (3) months 111
from the date of effectivity of this Decree: Provided, however, That the foregoing provision shall not be construed as barring the prosecution of any person for illegal possession of firearms, ammunition, or explosives as the case may be, in violation of current laws, if he, within the above-mentioned period of three (3) months: (a) Carries outside of his residence, any loose or unlicensed firearm, ammunition or explosive, unless this be for the purpose of surrendering the same as evidenced by a written authorization to transport the same for that particular purpose priorly secured by him from the proper authorities;lawphil.net (b) Commits any other offense with the use of such loose or unlicensed firearm. Section 4. Licensing of Surrendered Firearms. The holder or possessor of the firearm surrendered in accordance with this Decree may apply to possess the same under license provided that he is qualified to possess the said firearm in accordance with existing laws, rules and regulations. Section 5. Compensation for Surrendered Firearms. A firearm which cannot be possessed under license by the person who surrendered it may be sold to and licensed in the name of qualified individuals, firms, or corporations who/which shall pay the corresponding price of such firearm. The payment shall accrue in favor of the person who surrendered the firearm. Section 6. Amnesty Commissions. As many Amnesty Commissions as are necessary to evaluate applications for amnesty under this Decree shall be created by the Minister of National Defense, to be composed of a representative from the Philippine Constabulary, as chairman, and representatives of the Ministry of Justice and the Office of the Judge Advocate General, Armed Forces of the Philippines, as members. Section 7. Powers and Functions of the Amnesty Commissions. The Amnesty Commissions shall have the power to administer oath, issue subpoena and subpoena duces tecum, examine the facts and circumstances surrounding each case, conduct summary hearings of witnesses, if necessary, as basis for their recommendation to the President, thru the Minister of National Defense, to deny or grant the amnesty applied for. Section 8. Traveling Expenses and Allowances. The Chairmen and members of the Amnesty Commissions created pursuant to this Decree, when traveling in the performance of their duties for purposes hereof, shall be entitled to payment of traveling expenses in accordance with existing laws, rules and regulations, and a flat allowance of one hundred pesos a day. Section 9. Appropriation. The amount of One Million Pesos (P1,000,000.00) is hereby appropriated out of any funds of the National Treasury not otherwise appropriated to carry into effect the provisions of this Decree. Section 10. Rules and Regulations. The Minister of National Defense shall promulgate such rules and regulations as may be necessary for the effective implementation of this Decree. Section 11. Effectivity. This Decree shall take effect immediately. (See PD No. 1747 amending this section) Done in the City of Manila, Philippines, this 20th day of November, in the year of Our Lord, nineteen hundred and eighty.
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AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866. AS AMENDED. ENTITLED “CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES” WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the proliferation of illegally possessed and manufactured firearms, ammunition and explosives; WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction of valuable resources of the country; WHEREAS, there are various laws and presidential decrees which penalized illegal possession and manufacture of firearms, ammunition and explosives; WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to harmonize their provisions; WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and revised in order to more effectively deter violators of the law on firearms, ammunition and explosives. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree: Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition. If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be imposed. If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed. The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs. “The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. 113
Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition. Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. -The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s), rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons shall be punished with the penalty of death. If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection or subversion, the penalty of death shall be imposed. The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs. Section 4. Presumption of Unlawful Manufacture. -The possession of any machinery, tool or instrument directly used in the manufacture of explosives, by any person whose business or employment does not lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of explosives. Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm. Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives. Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. -The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority to carry firearm and/or ammunition outside of residence, without authority therefor. Section 8. Rules and Regulations. -The Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree. Section 9. Repealing Clause. -The provisions of Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed, amended or modified accordingly. Section 10. Effectivity. -This Decree shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette. Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and eighty-three.
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ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 PRESIDENTIAL DECREE No. 532 August 8, 1974 WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts of depredations upon the persons and properties of innocent and defenseless inhabitants who travel from one place to another, thereby distributing the peace, order and tranquility of the nation and stunting the economic and social progress of the people; WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are among the highest forms of lawlessness condemned by the penal statutes of all countries; and, WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles to the economic, social, educational and community progress of the people; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and decree as part of the law of the land the following: Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974. Section 2. Definition of Terms. The following terms shall mean and be understood, as follows: a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing. c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway. Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined, shall, upon conviction by competents court be punished by: a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders 115
abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed. b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed. Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit there from; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven. Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with this Decree are hereby repealed or modified accordingly. Section 6. Effectivity. This Decree shall take effect upon approval. Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-four.
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES. BATAS PAMBANSA BLG. 22 116
Section 1. Checks without sufficient funds. – Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court. The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank. Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act. Section 2. Evidence of knowledge of insufficient funds. – The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee. Section 3. Duty of drawee; rules of evidence. – It shall be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefore as aforesaid, shall be prima facie evidence of the making or issuance of said check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check. Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact. Section 4. Credit construed. – The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check. Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code. Section 6. Separability clause. – If any separable provision of this Act be declared unconstitutional, the remaining provisions shall continue to be in force. Section 7. Effectivity. – This Act shall take effect fifteen days after publication in the Official Gazette. Approved: April 3, 1979. REPORT FORMATS I. Reports 1. Spot Reports 2. Progress 117
3. After Operation Reports 4. Final Reports II. Intelligence Reports 1. Summary of Information 2. Background (BI) Reports 3. Complan III. Investigation Reports 1. Investigation Plan Reports 2. Case Investigation Reports 3. Coordinating Reports 4. After SOCO Reports 5. Request for Examination Reports 6. Request for Issuance of Subpoena/ Subpoena Duces Tecum 7. Evidence Custodian Report 8. Police Reports a. Alarm Reports b. Advance Reports c. Crime Reports 9. IS Reports/ Case File Reports 10. Inquest Reports IV. Arrest and Seizure Reports 1. Booking and info Reports 2. Complaint of Chief of Police 3. Return of Warrant 4. Request of Lifting or Alarm of Vehicle 5. After Surveillance Reports 6. Application of Search Warrant 7. Join Affidavit and Deposition of Witnesses 8. Compliance/ Return of Search Warrant 9. Receipt/ Inventory of Property Seize 10. Certification of Orderly Search 11. Detainees Reports V. Case Monitoring Reports 1. Case Hearing Reports 2. Promulgation Reports
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Office of the Assistant Director for Investigation Camp Crame, Quezon City MEMORANDUM FOR : Director, CIDG FROM: Regional Officer SUBJECT: Spot Report Re-shooting Incident at AFP Joint Command DATE 118
1. (Indicate briefly the date/time, and place of occurrence) example 2. (Brief facts of the case( 3. (Etc.) 4. Requested/recommended actions from Hqs. 5. Progress report will follow Regional Officer Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Office of the Assistant Director for Investigation Camp Crame, Quezon City MEMORANDUM FOR Director, CIDG FROM Regional Officer SUBJECT Progress Report on Kidnapping of Chiong Sisters DATE 1. Reference: 2. (Indicate briefly the date/time and place of occurrence) example 3. (Brief facts of the case) 4. (Etc.) 5. Requested/recommended actions from Hqs. 6. Disposition/ Action Taken 7. Final Report will follow Regional Officer
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Office of the Assistant Director for Investigation Camp Crame, Quezon City MEMORANDUM FOR : Director, CIDG FROM Regional Officer SUBJECT After Operations re-Arrest of 2 Members of Waray Group DATE I Authority 119
a. COP NCR Complan Sakote 99 II Mission a. To conduct police operations against robbery/hold-up whose members are worthy from Sarmar & Leyte Provinces (Waray Group) III Period Covered – July 95 to 09, 1999 IV Area of Operations – NCR V Participating Elements – Elements of NCR VI Chronological Events a. Background The PNP particularly the CIDG suffered a major drawback in its campaign against organized syndicated crime as a result of a series of robbery/hold-up incident in Metro Manila. b. Intelligence Build-up Recent assessment conducted by COP NCR on the criminality generated from Intelligence report and operational research revealed that the Waray Group composed of ten (10) members as follows. c. Narrative account of operational activities VII Comments. VIII Assessment. Regional Officer
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Office of the Assistant Director for Investigation Camp Crame, Quezon City MEMORANDUM FOR : Director, CIDG FROM : Regional Officer SUBJECT : Final Report: Re-Arrest of two (2) Waray Group DATE : 1. Reference: 2. (Indicated briefly the date/time, and place of occurrence)example 3. Background/Brief facts of the case 4. Sequence of Events 5. Summary of Action 6. Recommendation/ Conclusion 7. Disposition/findings 8. For your information 120
Regional Officer Republic of the Philippines Metropolitan Trial Court Quezon City People of the Philippines Crim Case No. vs Accused COMPLAINT The undersigned, Chief of Police of ________________, accuses In the municipality of _________________________, Province of Philippines, the said____________________________. Contrary to law. _________________, ___________________________, 19 __________. Chief of Police of ___________ SUBSCRIBED AND SWORN before me this __________ th day of ____________ 19 _________ in the province of _____________________. JUDGE
INFORMATION TRANSMITTAL SHEET SUBJECT : Violation of RA 7610 Refs: Oplan Sagip Anghel To : ADI FILE NO. _____ 01 ____ DATE/TIME INFO : 180500 May 99 Sources/s: Asset DATE/TIME RECEIVED : 200800 May 99 FIELD EVALUATION: A-1 SUMMARY OF INFORMATION Information confirmed by operatives this office disclosed that Love Bird Videoke at Sam Mateo, Isabela is Maintaining minors as GRO’s “2” Reporting Agent ACTION TAKEN: Conduct surveillance to confirm the veracity of the report COMMENT INTO ANYLYSIS: Under intelligence guild-up ACTION REQUESTED: Apply Search Warrant upon Validation DISTRIBUTION: INDEXED BY: Intel PNCO Date/Time: 210800 MAY 99 PRODUCTION EVALUATION: “B2-Y”
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City BACKGROUND INVESTIGATION I. This has reference to the depleted strength of personnel of 2RCIDG. In view thereof, this Office has accommodated two (2) PNCO’s and were subjected for Background Investigation prior to their official assignment to CIDG 2RCIRDG. II. PERSONAL BACKGROUND A. BIOGRAPHICAL DATE: 1. PERSONAL DATE: Name : Nickname/alias : Age : Sex : DOB : Present Address : Provincial Address : Marital Address : Citizenship : Region : Ethnic Group : Blood Type : Telephone Number : TIN : 122
2. PHYSICAL DESCRIPTION: Height : Weight : Built : Complexion : Color of Hair : Color of Eyes : Identifying mark : B. FAMILY BACKGROUND: 1. FATHER : Name : Address : Occupation : Place of Birth : Date of Birth : The Case Operation Case operation is a definite target-specific activity conducted in relation to an intelligence project under which it its effected. Several case operations may fall under one intelligence project. It is a “Laser resort” measure to pursue intelligence objectives when normal police operation fail. Copy _______ of ______copies Unit: (Issuing Headquarters) Date: (Date, time group) CASE OPERATION PLAN: (Code name of activity) PROJECT REFERENCE: (the code name of the Regional/NSU umbrella project whose objective the COPLAN aims to accomplish) REFERENCE: SITUATION: A. Background: (Included information of the general situation leading to the justification of the project. It should include historical facts leading to the current state of affairs). B. Operational Conditions: (Answer the question, “Why case operations? Why not just normal police operations) II. MISSION: A. Purpose: (The same purpose stated in the Intelligence Project under which the caseops is launched). B. Objective(s): (one specific objective or a number of interrelated objectives, or the Intelligence Project which the caseops intends to achieve.) C. Targets: (A specific person or group of person, organizations, installations, earlier designated as target(s) could very well be neutralized using normal police operations had it not been due to certain limiting factors noted in para 1b. this also means that the basic 5Ws and 1H about the target(s) has been, more or less, established already. III. OPERATIONAL PLAN: A. Concept of the Project: (The principles remain the same; but much much more specific compared to the concept of the project under the Project Proposal. B. Tasks: (The principles remain the same, but much much more specific compared to the tasks under the Project Proposal.) Who will perform the piece of work? What piece of work is to be perform: When to start the performance of the task and for how long? 123
And when found appropriate, why it should be done and what is the expected outcome? IV. ADMINISTRATIVE: A. Personnel. (Contains information on personnel involved in the case operations, including those not available and is contemplated to be employed for the purpose.) B. Finance. (Contains the estimated quarterly expenses per diems and operations expenses) of the project as a whole. C. Supply and Equipment. (Contains date on supplies and equipment (and its finances) to be used in the operations. Supplies and equipment already existing are not included) D. Transportation. (Vehicle & POL requirements of the case operations. E. Miscellaneous. (Refers to other administrative data not covered in the above paragraphs, May include disposition of arrested person/captured enemy/recovered documents, evidences, etc.). V. COMMUNICATION :( Contains plan of communication and other communication agreement between all persons, offices involved in the project. It includes recognition and identification, common policies, codes, etc.) VI. REPORTS: (Instruction on the typed of report(s) and the frequency of submission required from the case officer: the Monthly Development Report (MDR), and the Special Report submitted in between MDR to disseminate significant incidents) APPROVAL SHEET TO CASE OPERATION PLAN (Code Name) RECOMMEND APPROVAL: (Project Officer) (PD/DD/CD/PO) (Project Director) (C, RIID/ADI) (Project Supervision) (RD/DIR) APPROVED/DISAPPROVED (Project Sponsor) (Director for Intelligence)
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City HCIG/ADIN MEMORANDUM FOR : Director, CIDG FROM : ADIN SUBJECT : Case Investigation Plan for Mysterious Death of ENS, PHILIP A PESTAÑO, PN DATE : I. AUTHORITY (Specify) II. BACKGROUND OF THE CASE (Brief Description of the fact of the Case) III. THEORY OF THE CASE (Assumption as to what to be the possible result, indicate all possible scenario of the incident? IV. EXECUTION/TASK A. First Stage (Research and record gathering) B. Second Stage (Documentation) C. Third Stage (Evaluation/Conclusion) V. COMMAND & ADMINISTRATION A. Investigating Unit B. Estimated Cost of Investigation VI. COORDINATING INSTRUCTIONS ATTY MARIO R SANDIEGO Police Superintendent (DSC) Asst Director for Investigation
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City HCIDG/OADIN FOR : Director, CIDG (Attn, ADIN) FROM : Regional Office SUBJECT : Investigation Report re: Shooting Incident resulting to the death of DATE : I AUTHORITY 1. Memo from that Office dated__________ re-investigation report on the above subject. 2. Inherent II MATTERS TO BE INVESTIGATED 3. To determine the surrounding circumstances of the killing of the said police officer. 4. To possibly identify the suspects that will led to their apprehension and possible prosecution III FACTS OF THE CASE 5. (D/T/P Occurrence and events) IV INVESTIGATION/FINDINGS 6. etc. V CONCLUSION VI RECOMMENDATION/DISPOSITION REGIONAL OFFICER
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City MISSING/WANTED PERSON ALARM SHEET 1.ALARM NO. 2.NATURE OF ALARM [ ] MISSING [ ] WANTED 3.. PLACE WHERE LAST SEEN 4. DATE/TIME 5 NAME OF SUBJECT 6. ALIAS (ES) 7. ADDRESS 8. DESCRIPTION: SEX NATIONALITY AGE COMPLEXION HEIGHT WEIGHT BUILD HAIR PECULIARITIES OTHER IDENTIFICATION DATA 9. PHOTO 10 ADDITIONAL INFO ON SUBJECT 11. COMPLAINANT/INFORMANT 12. ADDRESS 13. TEL NO. 14.RELATIONSHIP OF COMPLAINANT/ INFORMANT TO SUBJECT 15. REPORTED TO OTHER AGENCY [ ] YES [ ] NO If yes, what agency________________ 16. DATE/TIME REPORTED 17. REPORT RECEIVED BY 18. DATE/TIME 19. POSITION/DESIGNATION 20. THIS IS TO CERTIFY that the above report/data are true and correct to the best of my knowledge. 21. SIGNATURE OF COMPLAINANT/ INFORMER 22. SUBSCRIBED AND SWORN TO before me this _____ day of ________________ 19 _______ 23. SIGNATURE OF ADMINISTERING OFFICER 24. ISSUANCE OF ALARM REQUESTED BY 25. DATE/TIME POSITION/DESIGNATION 27. ALARM ISSUED BY 28. DATE/TIME 29. POSITION/DESIGNATION 30. LIFTING OF ALARM REQUESTED BY 31. DATE/TIME POSITION/DESIGNATION 33. ALARM LIFTED BY 34. DATE/TIME 35. POSITION/DESIGNATION 36. REASON FOR LIFTING ALARM [ ] PERSON RECOVERED [ ] PERSON RETURNED [ ] OTHER [ ] FALSE ALARM [ ] PERSON ARRESTED
26. 32.
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37. SIGNATURE OF SUPERVISOR 38. DATE/TIME 39. POSITION/DESIGNATION ADVANCE INFORMATION NATURE OF CASE : __________________________________________________ VICTIM : __________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES OF VICTIM) (IF INJURED, DIAGNOSIS OF THEATTENDING PHYSICIAN AND NAME OF HOSPITAL) DATE/TIME/PLACE : __________________________________________________ OF OCCURRENCE : __________________________________________________ SUSPECTS : __________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES) RESIDENCE AND STATUS-WHETHER SUSPECTS ARE UNDER ARREST OR NOT EVIDENCE : __________________________________________________ WITNESSES : __________________________________________________ FACTS OF THE CASE: _________________________________ NAME OF OFFICER-ON-CASE _________________________________ RANK PNP _________________________________ DESIGNATION NOTED AND FORWARDED: ____________________________ CHIEF OF GROUP/UNIT ____________________________ RANK PNP DESIGNATION
CRIME REPORT NATURE OF CASE : __________________________________________________ COMPLAINANT/VICTIM: ___________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES OF COMPLAINANT) ___________________________________________________ (IN RAPE CASES, ENCLOSE THE MEDICAL FINDING) DATE/TIME/PLACE OF OCCURENCE SUSPECTS : : : __________________________________________________ __________________________________________________ __________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES, __________________________________________________ ADDRESS, IF KNOWN, AND PHYSICAL __________________________________________________ DESCRIPTION, IF AT-LARGE EVIDENCE WITNESSES : __________________________________________________ __________________________________________________ (NAMES AND ADDRESS) 128
FACTS OF THE CASE: ____________________________________ NAME OF OFFICER-ON-CASE ____________________________________ RANK PNP ____________________________________ DESIGNATION NOTED AND FORWARDED: _________________________________ CHIEF OF GOUP/UNIT _________________________________ RANK PNP _________________________________ DESIGNATION
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE Office of the Assistant Directorate for Police Community Relations Women and Children Concern Office Camp Crame, Quezon City COORDINATION FORM UNIT: _________________________________________________________________ DATE/TIME: ____________________________________________________________ PLACE OF OPERATION: _____________________________________________ TEAM LEADER: ____________________________________________________ MEMBERS: ______________________________________________________________ VEHICLE USED: RECEIVED BY: _____________________________
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Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City 21 July 1999 SUBJECT : After SOCO Report Nr 15-99 FOR : Director, CIDG 1. AUTHORITY: Telephone call from ______________________, investigator on Case ______________________ for SOCO assistance on or about ___________________. 2. TIME AND DATE OF DEPARTURE FROM THE STATION: ____________________ 3. TIME AND DATE OF ARRIVAL OF THE CRIME SCENE: _____________________ 4. WEATHER CONDITION: __________________, 5. NATURE OF INCIDENTAL/ALLEGED CASE: Alleged Stabbing Incident. VICTIM: ____ ____________________________________________________. 6. TIME AND DATE OF INCIDENT: _______________7. PLACE OF INCIDENT: Loacated _________________, first floor of the same address. 8. TIME AND DATE OF DEPARTURE FRO MTHE CRIME SCENE: _________________ 9. TIME AND DATE OF ARRIVAL AT THE STATION: ________________________ 10. NARRATIVE OF THE INCIDENT: This office received a telephone call from assigned at Intelligence and Investigation Division, requesting SOCO assistance with regards to the alleged stabbing incident committed inside house number. The “BRAVO” SOCO Team immediately proceeded to the place of incident and upon arrival the whole Team properly coordinated with the officer on case and other Police Officers to include the Deputy Chief of Police of the same command. Ocular inspection of the crime scene was conducted and noted that the place was well preserved, then instructed Forensic Photographer to take photographs at the area particularly to the Cadaver position who was still (POSITION OF THE VICTIM) and wearing, (clothing description) with (SUSTAIN INJURY) at various part of the victim’s body and bathed with her owned blood. (NAME) Duty Medico-Legal Officer declared that the victim (STATE THE CONDITION OF THE VICTIM). The rest of the Team member then carried out their respective tasked, such as taking, fingerprints at the suspects, lifting latent prints, gathered information, recording and labeling of evidence relatives to the incident. Responding Police Authorities here theorized that there are at least two possible motives behind the killing of the victim. Suspects (NAME AND DESCRIPTION). Information gathered that prior to the incident, suspects After thoroughly processing, the SOCO Team properly turned over the scene of the crime to the investigator on case for evaluation and final disposition. 11. SPECIMEN COLLECTED: Please see attached evidence log book 12. SOCO TEAM COMPOSITION: 13. REMARKS 14. COMMENTS/COMMENDATION Proper coordination was strictly observed. SUBMITTED BY: SOCO TEAM LEADER “BRAVO” 131
NOTED BY: Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Office of Assistant Director for Police Community Relation Women and Children Concern Office Camp Crame, Quezon City MEMORANDUM FOR : Director, PNP Crime Laboratory FROM : C, WACCO SUBJECT : Request for Genital Examination DATE : 1. Request conduct Genital Examination of the person ____________________ and residing at ________________________. 2. In connection with para 1 above, request furnish this office a copy of the initial result thereof for reference purposes. FOR THE DIRECTOR: Police Superintendent (DSC) Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City CIDG-LO February 26, 199 Subject: Issuance of Subpoena/Subpoena duces tecum TO: Director, CIDG 1. In connection with an investigation being conducted involving a case of Alleged Falsification of Public Documents Request that a subpoena/subpoena duces tecum be person/persons of Duplicated Original copies of the ____________________________.
issued
on
the
2. REASONS: Copies of the above-mentioned documents are certified to as missing from the files of the Office of the Notarial Section of the Clerk of Court of Manila. (Applicant) CONCUR RECOMMENDED APPROVAL ATTY VIRGILIO T PABLICO Chief, Legal Office APPROVED/DISAPPROVED PSUPT LUCAS M MANAGUELOD Director, CID Docket No ____________________ Republic of the Philippines Department of the Interior and Local Government 132
NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City CIDG-LO SUBPOENA TO : ___________________ G R E E T I N G S: By virtue of the authority vested upon me pursuant to Sectio n6 of Republic Act 5750, you are commanced to appear before the officer of the Criminal Investigation and Detection Office, this complaint of ________________________ for Alleged Falsification of Public Documents and bring with you the duplicate original copies of the _______________________, FAIL NOT UNDER PENALTY OF LAW. WITNESS my signature this _____the day of _____________1999. P/CSUPT LUCAS MANAGUELOD Director, CIDG Received by: Time and Date: ________________
FILE NO.______________ EVIDENCE CUSTODIAN REPORT Case Title/Victim : (Murder of Juan De la Cruz) example Date of Incident : _____________________________ Name of Officer on Case : _____________________________ I.S/Criminal Case No. : _____________________________ Court : _____________________________
LIST OF EVIDENCE QUANTITY NAME & DESCRIPTION REMARKS/CONDITION TURN-OVER BY: Received by: SIGNATURE ABOVE PRINTED NAME SIGNATURE ABOVE PRINTED NAME DATE _________ TIME ___________ DATE _________ TIME ___________ Designation Evidence Custodian
Republic of the Philippines OFFICE OF THE CITY PROSECUTOR Manila Related to: ________________ I.S. No. _____________________________ Prosecutor _________________ Date Filed __________________ 133
MEMO OF PRELIMINARY INVESTIGATION COMPLAINANT/S: RESPONDENT/S 1.______________________________ Address: ____________________________ 2.______________________________ 3.______________________________ CHARGE: 4.____________________________________________________________________ _ Place of Commission 5. _____________________________________________________________________ Date ________________ Time _________________ (Use back hereof for add, accused) Witness: Name____________________________________Address______________________ __ NOTE: 1. Has a similar complaint been filed before any other office? (YES OR NO) 2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO) 3. Are all the above information true and correct _____________(YES OR NO) THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL Investigation on ________________________ Postpone to ______________________________________________________ On relation of ________________________ (Signature of complainant or counsel) TAKE NOTE: Sufficient copies of the affidavit of complainant and witnesses and other ACTION TAKEN: Supporting document should be submitted. ________________________________ Investigation Prosecutor IMPORTANT! A complainant shall be required to file his complaint in the form of an affidavit to which must be appended affidavit of witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses, shall be, far as practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer authorized to administer oaths, the administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE, VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Late resolution given to Stenographer________________________________________ ______________________________ Investigating Prosecutor Stenographer PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP NATIONAL CAPITAL REGION Camp Crame, Quezon City July 10, 1999 134
The Chief State Prosecutor Department of Justice Padre Faura, Manila Sir: I have the honor to refer to your good office, for appropriate action, the records of investigation relative to the case of Violation of PD 1866 as amended by RA 8294 (Illegal Possession of Firearm and Ammunitions) and for Resisting Arrest, against the following persons: Suspects: 1. Domingo Fernandez y Manahan, 36 years old, married, a resident of Brgy Bagon Silang, San Jose, Navotas, MM; (under arrest) 2. Mario Demate y Josayan, 29 years old, married, a resident of No. 411 Bayside, Daang Hari St., Navotas (under arrest) Complainants: PO3 Joel R. Abrahan, of NCR-CIDG, Camp Crame, Quezon City Evidence: 1. Joint Affidavit of PO3 Raul C Bolido and PO2 Ronilo C Bermudo; 2. One (1) caliber .45 (Colt) pistol with Serial Number FR02888; 3. One (1) piece magazine for caliber .45 pistol with six (6) rounds of ammunitions; 4. One (1) caliber 38 revolver with SN: 03966 with five (5) rounds of ammunition; 5. Others Facts of the Case: On July 9, 1999, at about 1:00 in afternoon, a confidential informant reported to this office that a robbery/hold-up group composed mainly of natives of Samar/Leyte would rob a fish trader along the vicinity of Market-3, Navotas Fishport Complex, Navotas, Metro Manila. Upon receipt of said information, elements of this office were dispatched to confirm the report and neutralize the group. At about 4:00 PM of same date, when the CIDG operatives arrived at the area, hey notice at least five (5) unidentified men separated into two groups then positioned themselves on the side of the road leading to the gate of the Fishport Complex. At this juncture, the CIDG operatives decided to accost the group but when they alighted from their cars, the suspects hastily left the place as they notice the approaching lawmen. The operatives immediately scour the place until they finally spotted the suspects alighting from a passenger jeepney at the corner of Loas Martirez and M. Naval Sts., Navotas, Two (2) of the suspects were nabbed after a brief scuffle while the three (3) others eluded arrest by scampering in different direction during the confusion that ensued. Recovered from the possession and control of Domingo Fernadez is a Cold Pistol Cal. .45 with SN: FRO2888 and a magazine with six (6) rounds of ammunitions while a caliber .38 revolver with SN: 03966 with five (5) round of ammunitions was recovered from the possession of Mario Demate. The suspects were immediately placed under arrest and were informed of their Constitutional Rights. PO3 Joel R Abraham of this Regional Office will represent this case. Very truly yours. NAPOLEON R ESTILLES Police Superintendent (DSC)
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City BOOKING ________
AND
INFO
REPORT
_________________________________DATE 135
(LAST NAME) (FIRST NAME) (MIDDLE NAME) ADDRESS:______________________________________TEL ____________________ PLACE & DATE OF BIRTH:______________________ OCCUPATION ________________ TIMED BOOKED: _________ MARITAL STATUS: ____________NATIONALITY ______ SEX: ___________ WEIGHT: ___________ HEIGHT: _________ AGE: _______ EDUC:______SCARS AND MARKS ___________________________________________ OTHER IDENTIFYING MARKS _______________________________________________ NAME & ADDRESS OF FATHER: ____________________________________________ NAME & ADDRESS OF MOTHER: ____________________________________________ NAME AND ADDRESS OF NEARES RELATIVES _________________________________ OFFENSE CHARGE: (NATURE OF OFFENSE) (CRIM CASE/IS NO) (CRT/FISCAL) ARRESTED BY: ________________________ UNIT: ___________________________ WHERE ARRESTED:____________________ DATE/TIME OF ARREST: _____________ BOOKED BY: __________________________ BRANCH/SECTION: _________________ DISTRIBUTION: 1-ADI 1-ADIN Signature of 1-Fiscal/Court Concerned Person Arrested: ________________________ 1-Arresting Officer 1-CIDO File Arresting Officer: ________________________ RIGHT HAND THUMB INDEX MIDDLE RING LITTLE LEFT HAND
Republic of the Philippines Metropolitan Trial Court Quezon City 136
People of the Philippines Criminal Case No. Vs Accused COMPLAINT The undersigned, Chief of Police of ___________________, accuses _______________ In the municipality of ____________________, province of _____________________________, Philippines, the said accused did then and there, willfully, unlawfully, and feloniously, with malice aforethought and treachery, attacked _______________________ with a fan-knife, wounding the latter in the chest and abdomen, producing wounds which are necessarily fatal, thereby causing the immediate death of said _____________________________. Contrary to law. ____________, __________________________, 199___. Chief of Police of ______________ SUBSCRIBED AND SWORN before me this _____________the day of _________ 19___________ in the province of __________________. JUDGE
Republic of the Philippines 137
Department of the Interior and Local Government NATIONAL POLICE DOMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP Camp Crame, Quezon City HCIDG/ADIN 1ST Endorsement June 16, 1999 Respectfully returned to the Honorable Court, Regional Trial Court, National Capital Judicial Region, Branch 70, Pasig City, the herein attached Warrant of Arrest in Criminal Case No. 110782 for Estafa against Rey Conception y Salvacion, duly served by elements of Warrant & Alarm Branch, OADIN, of this Group, on November 11, 1997. Subject accused was subsequently turned over to the CIDG Detention Center for proper disposition, copy hereto attached for ready reference. Request acknowledge receipt. BIENVENIDO M MADRIA Police Inspector Chief, Warrant and Alarm Branch
Republic of the Philippines PHILIPPINE NATIONAL POLICE Camp Crame, Quezon City REQUEST FOR LIFTING OF ALARM
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Name of Applicant: ____________________________Address: ___________________ Registered Owner _____________________________ Address: __________________ Description of Motor Vehicle: Make/Type/Yr Model : ____________Color : __________Motor Number : __________ Chassis Number : _______________Plate Number : _________________ In connection with my request. I hereby submit the following: ( ) Motor Vehicle for macro-etching examination ( ) Alarm Sheet ( ) Spot Recovery Report ( ) Turn-Over/ Release Receipt of MV to owner by the covering PNP van. (if MV was recovered by other PNP Units) ( ) Original Official Receipt (OR) & Certificate of Registration (CR) if Xerox/photo copy, it must be authenticated by C, Inves-OADI, investigator,/processing officer. ( ) Deeds of Sale (If motor vehicle is not registered in the name of the applicant/ present owner) ( ) Release of claim/subiogation/Deeds of Sale (if the applicant is an insurance company. ( ) Special Power of Attorney (if applicant is a representative) ( ) Affidavit of requesting Party/Owner that she/he is still the registered owner and she/he has not made any claim with any insurance company re-loss of said MV ( ) If MV was submitted/cited as evidence in a case filed in court, an order of release from court/ fiscal taking cognizance of the case. ( ) Others _____________________________________________________________ | | Signature | | PHOTO | ______________________________ | | Print Name |____________| ______________________________ Driver’s License Number
Republic of the Philippines CRIMINAL INVESTIGATION DETECTION GROUP National Capital Region CRIMINAL OPERATION DIVISION Camp Crame, Quezon City COD 139
MEMORANDUM FOR : Chief, Criminal Operation Division SUBJECT : After Surveillance Report DATE : February 23, 1999 1. Reference: Verbal Instruction of Chief, COD, NCR-CIDG 2. On February __________ at about ___________, the undersigned operatives of this office proceeded to a printing office located at _______________ which was reportedly printing and distributing for sale smut materials or sleazy tabloids, among them is ________________. 3. Upon arrival at the place, _________________ took pictures of the façade of the establishment. After which were able to gain entry inside the said printing office by posing as vehicle owners interested in hauling newspapers and magazines from said printing firm. The firm which is approximately four hundred square meters (400sqm) wide is being guarded round-the-clock by uniform security guards. 4. While inside the said office, we were able to confirm to ourselves that aside from ___________ and ________________ tabloids, the said __________________ office is also printing ______________, as we personally saw. It was further learned from the guard on duty at the time that the owner of the ___________________________ is a certain _________________, _______________________, whose house is just beside the said ___________. 5. For information Operative NOTED: This certificates that I personally examined the affiants and I am personally satisfied that they fully read and understood its contents and that they freely and voluntarily executed the same. March 1, 1999, Valenzuela, Metro Manila. Administering Officer pursuant to RA 6975
Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch ________, City of Valenzuela PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO _______ (Plaintiff) versus Henry Cuino Lorenzo Banag (Respondents)
FOR: Violation of Art. 201, RPC (Immoral doctrines, Obscene Publications and Exhibitions, and Indecent Shows) as amended by PDS 960/969 140
APPLICATION FOR SEARCH WARRANT COMES NOW, the undersigned, _______________________________ presently assigned with the Criminal Operation Division, NCR Criminal Investigation and Detection Office, PNP-Criminal Investigation and Detection Group, Camp Crame, Quezon City and having been duly sworn to in accordance with law do hereby depose and state the following under oath: 1. That he was informed and verify believes that the above-name respondents are keeping in their possession and control at the premises of a printing office located at _____________________________, the following articles used or intended to be used in the printing of obscene publication, to wit: a. b. c. d. e. 2. That the above fact was confirmed to him by his witnesses, Police Officer I __________________________ and Police Officer I _______________________, who were able to gain entry into the aforementioned premises of the respondents: 3. WHEREFORE, the undersigned prays to this Honorable Court to issue a search warrant authorizing him and or his men to search the premises and if machines are attached to the ground, padlock the premises described in the application and to seize and bring to this Honorable Court the above-mentioned items to be dealt with in full accord with existing laws. City of ____________________, Philippines, ____the day of _______________, 1999 RECOMMEND APPROVAL FOR FILING APPROVED FOR FILING: NAPOLEON R ESTILLES ATTY LUCAS M MANAGUELOD Police Superintendent (DSC) Police Chief Superintendent Regional Officer Director
Republic of the Philippines) S.S. Camp Crame, Quezon City x. . . . . . . . . . . . x JOINT AFFIDAVIT WE, PO1 _______________ and PO1 __________________, both of legal age, bonafide members of PNP Criminal Investigation and Detection Group and presently assigned with the Criminal Intelligence Division, NCR-PNP CIDG, Camp Crame, Quezon City, after having been duly sworn to in accordance with law, hereby depose and declare the following: That we were the CIDG investigators/operatives tasked to conduct necessary surveillance on the continuous proliferation of pornographic publications or sleazy tabloids in Metro Manila profounding obscene language and vulgar photographs of males and females which we believe are detestable and offensive to decency, morals and good customs and violative of our penal laws.
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That on _______________, at around ______________, in order to ascertain the veracity of the report on the circulation of smut publications, we proceeded to a printing office located at ______________ where we were able to gain entry inside the said printing to a printing office posing as owners of delivery vehicles interested in hauling newspapers and/or magazines and while inside, we were able to see to ourselves that said office is indeed printing ____________ thereat; That having confirmed the presence of pornographic publications of the above-name tabloids, we are executing this affidavit to support our application for the issuance of a Search Warrant for the projected search hand seizure of the pornographic articles/materials of the premises of the aforementioned address of said printing office and the arrest of suspects for violation _________________________________. IN WITNESS HEREOF, we affixed our signatures over our printed named below this 25th day of February 1999 at Camp Crame, Quezon City. Affiant
Affiant
SUBSCRIBED AND SWORN to before me this ____________ day of ________ Camp Crame, Quezon City. Administering Officer This further certifies that I personally examined both affiants and I am personally satisfied that they full read and understood its contents and that they freely and voluntarily executed the same. Administering Officer pursuant to RA 6975
Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDCIAL REGION Branch ___________, Quezon City PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO. Plaintiff -versusFor Rebecca Bucad aka Rebecca VIOLATION OF ANTI-FENCING LAW Gaviola of K2 Drugstore No. 15 Emerald Square, Project 4, Quezon City Respondent. x------------------x DEPOSITION OF WITNESSES We, _______________________________ after having been duly sworn to testifies, as follow: Q- What is your name and other personal circumstance? 142
A-We are_______________ and _________________ both of legal ages, and married and widow, respectively, and presently assigned with the Criminal Investigation & Detective Office, Criminal Investigation & Detection Group, Camp Crame, Quezon City. Q-Do you know ____________________, the applicant for Search Warrant? A-Yes Sir, he is presently assigned with CIDO, Criminal Investigation & Detection Group, Camp Crame, Quezon City Q-Do you know the premises of _____________________________, A-Yes sir. Q-Do you have personal knowledge that in said premises the following properties are being kept, being used or intended to be used without proper documents, to wit: A-Yes Sir. Q-Do you know who is or who are the person or persons who has or have control of the above-described properties? A-Yes Sir. Q. How did you know that the said properties re kept in his/her premises which are subject of the offense? A- We conducted discreet surveillance and it was confirmed that ________________ is keeping ___________________ in her premises/ residence. Affiant
Affiant
SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at ________________________.
Republic of the Philippines Regional Trial Court National Capital Region Judicial Region Branch 172, City of Valenzuela PEOPLE OF THE PHILIPPINS SEARCH WARRANT NO. (Plaintiff) -versusFOR: HENRY CIUNO VIOLATION OF ART. 01, RPC LORENZON BANAG ET AL (Immoral Doctrines, Obscene Publications) 281 Santolan Road, Brg, Parada and Exhibitions and Indecent Shows) Valenzuela City x---------------------x COMPLIANCE/RETURN OF SEARCH WARRANT COMES NOW, the undersigned POLICE INSPECTOR ___________________________ of the NCR-PNP Criminal Investigation and Detection Group stationed at camp Crame, Quezon City, and unto this Honorable Court, most respectfully return the original copy of the ___________ dated____________ and manifests that:
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On ________________, at about ________________, a _______________ issued by this Honorable Court was served at the premises of the above-named respondents of ___________, (Annex A) During the search , the following articles subject of the search warrant were found they said office, to wit: a. b. c. All the entries confiscated were under proper receipts and are now in the custody of the undersigned except for items number (d) and (e) listed hereof. WHEREOF, it is respectfully prayed of this Honorable Court that the return of the ______________________ be accepted and granting the undersigned to have the custody of the afore-cited articles until the termination of the investigation. Camp Crame, Quezon City, this _________________________ Applicant
REPUBLIC OF THE PHILIPPINES)S.S. Camp Crame, Quezon City x---------------------x VERIFICATION I, _________________________________, after having been sworn to in accordance with law, hereby depose and say: That all the allegations contained on the Compliance/ Return of the Search Warrant are true and correct and are of my own personal knowledge. Applicant SUBSCRIBED AND SWORN to before me this __________ day of __________ at Camp Crame, Quezon City. Police Superintendent Administering Officer March 2, 1999 RECEIPT FOR PROPERTY SEIZED THIS IS TO CERTIFY that the undersigned has seized and taken possession on the properly herein below described from __________________, in accordance with 144
Search Warrant No. ___________ issued by Hon. Judge ___________________- of RTC Branch ___________, dated _______________ which seized was done in the presence of _______________ to whom the original of this receipt is given, in the presence of _____________ and _____________ as witnesses, on ________________1999. QUANTITY DESCRIPTION REMARKS Signature over printed name Seizing Officer WITNESS TO SEIZURE AND INVENTORY: 1. __________________________ 2. ___________________________ Signature over printed name Signature over printed name Address Date/Time
CERTIFICATION OF ORDELRY SEARCH TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that at about _____________________ of ____________ 1999, a team from Criminal Investigation & Detective Office, Criminal Investigation & Detection Group led by ___________________ conducted search in my residence/ premises at ________________ by virtue of Search Warrant No. __________ issued by Judge ___________ of RTC Branch ___________. That I was present at all times and has witnessed the conduct of the search which was done in an orderly manner, no unnecessary force was employed, nobody was hurt nor was there anything lost nor property taken without official receipts. That the search was conducted in accordance with law and in view hereof, I do not have any complaint whatsoever against any member of the Criminal Investigation & Detective Office, Criminal Investigation & Detection Group Team that conducted the search. IN WITNESS WHEREOF, I/WE have hereunto affixed my/ our signature this _________ 1999 at _______________-. Owner/Custodian of Property Subject of Search WITNESSES: SUBSCRIBED AND SWORN to before me this __________ day of ___________ 1999 at _____________________. CERTIFICATION 145
THIS IS TO CERTIFY that I have personally examined the herein affiant and I am fully satisfied that he/she voluntarily executed and understood his/her statement. Administering Officer
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION DETECTION GROUP CIDG DETENTION CENTER Camp Crame, Quezon City CERTIFICATION THIS IS TO CERTIFY that the undersigned Incoming Duty Jail Guards assumed the duties and responsibilities from the Outgoing Duty Jail Guards from _________________ to ___________________ and received the following to wit: LISTOFDETAINEES Name Offenses Arrest Unit Date Court Remarks Male 1. 2. Female 1. 2. Current Detainees... = 41 Female = 08 Total = 49 Actual Detainees... = 41 Female = 08 Total = 49 INCOMING DUTY JAIL GUARDS OUTGOING DUTY JAIL GUARDS ___________________________ TEAM LEADER_______________________ ___________________________ DESK GUARD _______________________ ___________________________ GATE GUARD _______________________ 146
NOTED/INSPECTED: NOTED/INSPECTED: _________________________________________________
Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION AND DETECTION GROUP Provincial Office MEMORANDUM TO : RO, ______________ FROM : PROVINCIAL OFFICER SUBJECT : CASE HEARING REPORTS DATE : 1. This has reference to the Court Hearing which was attended today by the undersigned together with ______________________ relative to the case filed by _________________ against ___________________________ docketed under CC# ______________________ is scheduled for arraignment at the sala of ______________________________________. 2. However, said court hearing/arraignment was set because __________________ counsel of the respondents submitted/filed a motion for reinvestigation of the case and was presented to City Prosecutor and after examining the motion, it was only approved by the court. 3. For information. Provincial Officer Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION AND DETECTION GROUP Office of the Assistant Director for Investigation Camp Crame, Quezon City HCID/ADIN MEMORANDUM 147
FOR : Regional Officer FROM : Provincial Officer SUBJECT : Promulgation of Judgment re-Case DATE : 1. This pertains to the promulgation of Judgment in PP vs in CC. 2. On or about o’ clock in the afternoon on even date, was found “guilty beyond reasonable doubt” on the said three (3) cases, to wit: Case Number Crime Committed Sentence Prison Mayor 3. In addition to the following, the accused is also directed to pay the heirs of deceased P650, 000.00 deceased of the “Decision” Twelve (12) pages are hereto attached. 4. According to the Provincial Jail Warden, accused will be transferred to National Penitentiary, Muntinlupa City as soon as the commitment order issued by the Judge. 5. Information. BIENVENIDO M MADRIA Police Inspector REFERENCES: 1. CIVIL CODE - 12TH Edition Justice Edgardo L. Paras – (Rex Bookstore) 2. COMPREHENSIVE CRIMINAL INVESTIGATOIN PROCEDURE – 1998 Edition – Atty. Virgilio M. Sadili Sr & Atty. Romeo L. Peña. 3. CRIMINAL PROCEDURE – 1990 Edition Justice Ruperto G. Martin – (Premium Bookstore) 4. LABOR LAWS – 1006 Edition – Vicente V Foz – (Phil Law Gazette) 5. LEGAL FORMS – 16TH Edition Atty Sulpicio Guevarra – (Rex Bookstore) 6. PD603 – (Youth & Child Welfare Code) – 1981 Edition – Atty Jose Nolledo (National Bookstore) 7. PHILIPPINE LAW DICTIONARY – (1998 Edition) – Federico B. Moreno 8. PNP INVESTIGATIVE MANUAL – Dir for Inves, HPNP, Camp Crame, QC 9. RULES OF COURT – 1990 Edition – Justice Ruperto G Martin – (Premium Bookstore) 10.THE REVISED PENAL CODE – (Act Nr. 3815, as Amended) – 1994 Edition Justice Luis B Reyes – (Central Book Supply Inc.) 11.SOCO MANUAL – PNP – Crime Laboratory Service 12.SUPREME COURT ANOTATION 13.OFFICIAL GAZETTE
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GLOSSARY ABDUCTION – the elements constituting the crime of abduction are: (1) The person kidnapped must be a woman. It is immaterial she be a widow, a married woman, or virgin, of all three classes are comprised within the generic term of “woman.” (2) The crime must be committed against her will. (3) it must be committed with unchaste designs, that is, with the intention of lying with the woman. ABDUCTION WITH CONSENT – Elements. The essential elements of abduction with consent are (1) The taking away of a maiden over 12 and below 18 years of age; (2) he girl shall have consented to being taken away; and (3) the act shall have been committed with lewd designs. ABSOLUTE CLAIM – A claim which is subject to no contingency and may be proved and allowed as a debt by a tribunal, or committee on claims. – E. Gaskell & Co. v. Tan Sit, 43 Phil 813. ABUSE OF CONFIDENCE – Only the abuse of confidence that facilitates the lustful purpose of rape is kind of abuse of confidence that aggravates the responsibility of the offender. – People v. Ballaran, 51 OG 4112. ABUSE OF RIGHTS – A principle in Civil Law, which holds that indemnity for damages may be granted in cases where there is an abuse of rights. A person should be protected only when he acts in the legitimate exercise of his right, that is, when he acts with prudence and in good faith; but not when he acts with negligence or abuse. Such principle is found in the Chapter on Human Relations in the Civil Code. – Dadivas v. Smith, Bell & Co. (Phil) 42830-R, July 30, 1974. Through the principle in Art. 19, Civil Code, he incurs in liability who, acting under the aegis of a legal right and an apparently valid exercise of the same, oversteps the bounds or, limitations imposed on the right by equity and good faith thereby causing damage to another or to society. The abusive act is simply that which, performed in accordance with a subjective right whose limits have been respected, is nevertheless contrary to the right considered in general and as the sum total of all obligatory laws. There is abuse of right when the right is exercised with the end of damaging another as well as when damage results when the legitimate motive and normal end of the right is violated as in the case of an abnormal exercise of the right. If the purpose is evil or not serious of legitimate, or the manner of exercise of the right is abnormal and damage is caused to another, then there is an abuse of right for which damages are recoverable. – Manaog v. Filinvest Credit Corporation, CV- 68010, January 16, 1984. 149
ACCESSORY – The accessory of an automobile is any article designed to be used in connection with such vehicle to add to its utility or ornamentation and which is primarily adapted for such use whether or not essential to the operation of the vehicle. ACCESSORY AFTER FACT – Elements. Under Art. 19 (1), Rev, Penal code, they are: 1) The accused must not have participated in the criminal design nor cooperated in the commission of the felony; 2) He must have knowledge of the commission of the crime; and 3) He must have profited by the effects of the crime. ACCOMPLICE – One who is concerned in the commission of a crime. In its fullness, the term “accomplice” includes in its meaning all persons who have been concerned in the commission of a crime, all participes criminis, whether they are considered in strict legal propriety as principals in the first or secons degree, or merely as accessories before or after the fact. In general ,the word “accomplice” should be rendered into Spanish by the use of some such as “participante en el delito.” ACCOUNTABLE PUBLIC OFFICER – A public officer who has been duly entrusted with government funds or property. ACQUITTAL – One is acquitted if, after he has been arraigned and trial has been begun, upon a valid indictment or information, he is discharged by a competent court. ACT – Certiorari. The act contemplated in the law on certiorari is one which creates some sort of status, i.e., determinative of a certain legal right. A merely threatened act, or an act which is preliminary and does not determine a legal right, cannot be reviewed in a certiorari proceeding. ACT OF LASCISVIOUSNESS – All acts of lewdness committed upon a person of either sex, short of lying with a woman and anything leading up to it. What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. ADMISSION – The term “admission” embraces any statement of fact made by a party which is against his interest or unfavorable to the conclusion for which he contends or inconsistent with the facts alleged by him. ADULTERY – A crime committed by a married woman who has sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. AFFIDAVIT -Summary judgment. The kind of affidavit necessary to support a summary judgment is that affidavit from which it may be clearly drawn that certain facts pleaded by either party are certain, undisputed and indubitable which dispense with the hearing or trial of the case. AGENT – A person who binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. AGENT OF AUTHORITY – Agents of authority are all those persons who by direct provision of law or by appointment of competent authority are charge with the maintenance of public order and the protection and security of life and property, as well as all persons who come to the aid of agents of authority, it being public functionaries are entitled to be considered as agents of authority, it being understood, nevertheless, that in order that the persons who come to the id of an agent of authority may be considered as agents of authority, it is an essential condition that they lend such assistance, by virtue of an order or request of such agent of authority. AGENT OF PERSON IN AUTHORITY – Any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. Any person who comes to the aid of persons in authority. AGENT’S REPORT – Report rendered by a documented agent which answer an intelligence requirement.
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AGREEMENT – Proposal. A proposal remains an offer even if not answered and irrespective of the length that passed. It only becomes an agreement when accepted by the other party. The only exception is where there is a duty on the part of the other party to answer, and hence silence is implied assent. ALIBI – to establish alibi, a defendant must not only show that he was present at some other place at about the time of the alleged crime, but also that he was at such other place for so long a time that it was impossible for him to have been at the place where the crime was committed, either before, during, or after the time he was at such other place. ALLEGED – The word “alleged” or “allegedly” connotes something “claimed”. It leaves the truth of the averment an open question. ALTER – To add, change, substitute or omit something from a pleading or instrument. AMEND – To add, change, substitute or omit something from a pleading or instrument. ANSWER – The word “answer” in Sec. 1 Rule 19, Rules of Court, envisions or includes the affirmative and/or special defenses and counterclaim contained therein. ANTE MORTEM – Before death. – People v. Bustos, 45 Phil 18. APPEARANCE – Voluntary submission to a court’s jurisdiction. ARBITRARY – Willful and unreasoning action, without consideration of and in disregard of the facts and circumstances of the case. Action is not arbitrary when exercised honestly and upon due consideration where there is room for two opinions, however much it may be believed that an erroneous conclusion was reached. ARBITRARY DETENTION – Arbitrary detention begins not merely from the moment a person is locked up in prison cell but from the moment such person is deprived of his liberty without legal grounds. And it ends only when such person is absolutely freed from any restraint on his person. ARREST – The taking of a person into custody in order that he may be bound to answer for the commission of an offense. ASPORTATION – In its ordinary sense, carrying away or felonious removal of goods. ASSAULT – The term “assault” in Sec. 87 (b)(2), Judiciary Act, on the original jurisdiction of Municipal Courts, means physical injuries. It does not refer to the crime of direct assault in Art. ATTEMPT – Intent, Intent is a quality of the mind and implies a purpose , while attempt implies an effort to carry that purpose into execution. AUTHORITY – A person or persons, or a body, exercising power or command; those upon whom the people have conferred authority. BAIL – The word “bail” as used in the prohibition against excessive bail is inadequately translated by the word fianza, as bail implies a particular kind of bond that is to say, a bond given to secure the personal liberty of one held in restraint upon a criminal or quasi criminal charge. BAND – A group of more than three armed malefactors who act together in the commission of an offense. BEST EVIDENCE – That which suffices for the proof of particular fact. That evidence which, under every possible circumstance, affords the greatest certainty of the fact in question and in itself, does not indicate the existence of other and better proof. BEST EVIDENCE RULE – A well known rule of law that a witness cannot be permitted to give oral testimony as to the contents of a paper writing which can be produced in court. 151
BAISED WITNESS – A witness who tends to exaggerate. Although he may be honest, he cannot, while human nature remains unchanged, overcome the tendency to distort, magnify or even minimize as his interest persuades, the incidents which he relates. BIGAMY – A crime committed by a person who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. BOOK OF ACCOUNT – A book containing charges and showing a continuous dealing with persons generally. To be admissible in evidence, it must be kept as an account book and the charges made in the usual course of business. – Consolidated Mines Inc. v Court of Tax Appeals, L-18843, August 29, 1974; 58 SCRA 637. BRIBERY – Robbery, Bribery and robbery have little in common as regards their essential elements. In the former the transaction is mutual and voluntary. In the latter case the transaction is neither mutual nor voluntary but is consummated by the use of force or intimidation. BUILDING PERMIT – A permit given when one is contemplating the construction of a new building or an addition thereto. – Pareja v Austria, CV-10673, September 29, 1986. BURDEN OF PROOF – A party has the burden of proof as to those issues as to which he has the affirmative, and the plaintiff has the burden of proof as to all the elements of his claim or cause of action. CASE OPERATIONAL PLAN – A definite target specific activity conducted in relation to an intelligence project under which it is effected. Several case operations may fall under one intelligence project. CAUSE OF ACTION – The term “cause of action” has two elements: 1) the right of plaintiff, and 2) the violation of such right by the defendant. CAUSE OF DEATH – A declaration of by what means and by whom the declarant was injured is within the purview of the term “the cause of the declarant’s death” in a dying declaration. – People v. Taan, 25952-R, April 13, 1961. CERTAINTY OF GUILT – Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense. – US v. Lasada, 18 Phil. 96. CERTIORARI – The extra-ordinary remedy to correct an actuation of a judge who has acted without jurisdiction, in excess of jurisdiction or clearly in grave abuse of discretion, and not to correct errors of procedures and/or mistakes in the judge’s findings or conclusions. CIRCUMSTANTIAL EVIDENCE – Evidence of circumstances which are strong enough to cast suspicion upon the defendant and which are sufficiently strong to overcome the presumption of innocence, and to exclude every hypothesis except that of the guilt of the defendant. CLERK OF COURT – An officer of a court of justice who has charge of the clerical part of its business, who keeps its record and seal, issues process, enters judgment and orders, gives certified copes from the records and the like. While the clerk of court belongs to the judicial as distinguished from the executive or legislative branch of government, his office essentially a ministerial one. – Lita Enterprises Inc. v Gonzales, SP-00778, July 26, 1972. COMMISSION AGENT – One specially employed to receive goods from a principal and to sell them for a compensation called “factorage” or “commission”. – Salutillo v. Cruz, 31433-R, May 24, 1965. COMPETENT EVIDENCE – One that is not excluded by law in a particular case.
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COMPLAINT – A concise statement of the ultimate facts constituting the plaintiff’s cause of causes of action. COMPLEX CRIME – A single act which constitutes two or more grave or less grave felonies, or an offense which is a necessary means for committing the order. CONFESSION – A confession is an express acknowledge by the accused in a criminal prosecution of the truth of his guilt as to the offense charged, while admission refers to statements of fact not directly constituting an acknowledgment of guilt. CONJUGAL PARTNERSHIP – A relationship established during the marriage of man and woman by virtue of which they place the fruits of their separate property and their earnings and divide, share and share alike, upon the dissolution of the union, the benefits indiscriminately obtained by either of them during the marriage. – Carpio v. Bonilla, 14572-R April 28, 1956 The general rule is that the wife has no authority to bind the conjugal partnership, except: 1) When she acts with the authorization of the husband, as his agent, such as when he authorized her to sell property of the conjugal partnership or he subsequently ratifies such sale; 2) When she purchases things necessary for the support of the family; 3) When the administration of the conjugal partnership has been transferred to her; and 4) When she gives moderate donations for charity. – Piezas v. Catao, CV03621, January 22, 1986. CONJUGAL PARTNERSHIP OF GAINS – That by means of which the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. – Art. 142, Civil Code. CONTEMPT OF COURT – Contempt of court in general must be some act or conduct which tends to interfere with the business of the court, by a refusal to obey some lawful order of the court, or some act of disrespect to the dignity of the court which in some way tens to interfere with or hamper the orderly proceedings of the court and thus to lessen the general efficiency of the same. In re: Jones, 9 Phil. 355. CONSPIRACY – That which exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
CONSTRUCTIVE DELIVERY – A general term comprehending all those acts which, although not conferring physical possession of the thing, have been held by construction of law equivalent to acts of real delivery, as for example, the giving of the key to the house, as constructive delivery of the house from the vendor to the vendee. CONSTRUCTIVE POSSESSION – The possession and cultivation of a portion of a tract under claim of ownership of all is a constructive possession of all, if the remainder is not in the adverse possession of another. CONTEMPT – In its broad sense, contempt constitutes a disobedience to the court by acting in opposition to its authority, justice and dignity. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice or dignity of a court. CONTINUING OFFENSE – A crime in which some acts material and essential thereto occur in one province and some in another. For ex., the crimes of estafa or malversation, and of abduction. In such a case the court of either province where any of the essential ingredients of the offense took place has jurisdiction to try the case. CONTRABAND – A generic term covering all goods exporter from or imported into the country contrary to applicable statutes. CORPUS DELICTI – Corpus delicti is not exactly the dead body in a case of homicide, for example, or the stolen thing is a theft or robbery. Corpus delicti is the proof of the killing in one case, and of the stealing in the other. 153
CORROBORATIVE EVIDENCE – Additional evidence of a different kind and character tending to prove the same point. CORRUPTION OF PUBLIC OFFICIALS – Elements. The elements of the crime of corruption of a public official by means of bribery are; 1) The person receiving the bribe is a public officer, as defined in Art. 203, RPC; 2) Said officer shall have actually received, either personally or through another, gifts or presents, or accepted offers or promises; 3) Such reception or acceptance shall have been for the purpose of executing an act, which may or may not be accomplished, but not constituting a crime; and 4) the person offering the gift or making the promises shall be a private individual. COUNTERFEITING – The term counterfeiting as ordinarily understood in law is applied to the making and uttering of false money or the forging of bank note which are the equivalent of bank money. As applied to government obligations and securities, the act consists of the making of a false instrument, and not the unauthorized making of a genuine instrument. CRIMINAL JURISDICTION – The authority to hear and try a particular offense and impose the punishment for it. CRIMINAL LAW – One that defines crime, treats of their nature and provides for their punishment. Punishment, in this sense, refers strictly to the penalty imposed. CRIMINAL LIABILITY – Requisites. Under Art. 4 par. 1 RPC, a person may be held criminally liable even if the injurious result be greater than that intended, provided these requisites concur: 1) an international felony has been committed; and 2) the wrong done to the victim be the direct, natural, and logical consequence of the felony committed. CRIMINAL NEGLIGENCE – Criminal negligence consists in the failure to take such precautions or advance measures in the performance of an act as the most common prudence would suggest, whereby injury is caused to persons or to property. CROSS-EXAMINATION – Cross-examination is the most potent weapon known to law for separating falsehood from truth, hearsay from actual knowledge, things imaginary from thins real, opinion from fact, and inference from recollection, and for testing the intelligence, fairness, memory, truthfulness, accuracy, honesty and power of observation of the witness. CUSTODIA LEGIS – A thing is in custodia legis when it is shown that it has been and is subjected to the official custody of a judicial executive officer in pursuance of his execution of a legal writ. DECEDENT – The general term applied to the person whose property is transmitted through succession, whether or not he lift a will. DOUBLE JEOPARDY – The rule of double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense. This principle is founded upon the law of reason, justice and conscience. It is embodied in the maxim of the civil law nom bis in idem, in the common law of England, and undoubtedly in every system of jurisprudence, and instead of having specific origin it simply always existed. It found expression in the Spanish law and in the Constitution of the United States, and is now embodied in our own Constitution as one of the fundamental rights of the citizens. DUE PROCESS OF LAW – The requirement that no person shall be held to answer for a criminal offense without “due process of law” simply requires that the procedures fully protects the life, liberty, and property of the citizens in the State, then it will be held to be “due process of law”. DYING DECLERATION – Requisites. In order that a dying declaration may be admissible, the following requisites must concur; 1) it must concern the crime involved in and the circumstances surrounding the declarant’s death 2) at the time of the declaration, the declarant must be conscious of impending death; 3) the declarant must 154
be competent as a witness; and 4) the declaration must be offered in a criminal case for homicide, murder, or parricide in which the declarant was the victim. EMBEZZLEMENT – Embezzlement is purely statutory offense and may be defined as the fraudulent appropriation to one’s own use of money of goods entrusted to one’s care by another the fraudulent appropriation of property by a person to whom it has been entrusted or into whose hands it has lawfully come. EMINENT DOMAIN – The right of a government to take and appropriate private property to public use, whenever the public exigency requires it; which can be done only on condition of providing a reasonable compensation therefore. ENTRAPEMENT – While instigation exempt, entrapment does not; the different between the two being that in entrapment the crime had already been committed while in instigation the crime was not yet and would not have been committed were it not for the instigation by the peace officer. EVIDENCE – A document or article is not evidence when it is simply marked for identification. It must be formally offered in evidence, and the opposing counsel must have an opportunity of objecting to it. EVIDENT PREMEDITATION – Evident premeditation involves, in its legal sense, not only a determination to commit the crime prior to the moment of its execution, but that resolves to carry out the criminal intent must have been the result of deliberation, calculation or reflection through a period of time sufficient to dispassionately consider and accept the final consequences thereof, thus indicating a greater perversity. EX PARTE – Of or from one party; without notice to the other party. EXHAUTION OF ADMINITRATIVE REMEDIES – The rule of exhaustion of administrative remedies before resorting to the court means that there should be and orderly which favors a preliminary administrative sifting process, particularly with respect to matters peculiarly within the competence of the administrative agency by withholding judicial until the administrative process has run its course, and prevention of attempts to swamp the courts by a resort to them in the first instance. FAIT ACCOMPLI – A thing done or accomplished. FEE SIMPLE – Absolute ownership or full right or proprietorship. FORCIBLE ABDUCTION – Under Art 342, RPC, they are 1) the person abducted has to be a woman, regardless of her age, morality and reputation; 2) against her will; and 3) with lewd designs. FORUM SHOPPING – The act of filling the same suit in different courts. It is an act of malpractice that is proscribed and condemned as trifling with the courts and abusing their processes. It is improper conduct that tends to degrade the administration of justice. FUNCTUS OFICIO – Legally defunct. Something which once has had life and power, but which has become of no virtue whatsoever. GOOD FATHER OF FAMILY – A person of ordinary or average diligence. To determine that diligence, we must use as a basis the abstract average standard corresponding to a normal orderly person. Anyone who uses diligence below this standard is guilty of negligence. GRAVEAMEN – In Civil law and as used and understood in ordinary legal parlance, a lien and /or encumbrance is synonymous with “gravemen” GRAVE ABUSE OF CONFIDENCE – The term “grave abuse of confidence” in Art 310 of RPC, on qualified theft, refers to a breach of the high degree of confidence reposed by the offended party upon the offender by reason of dependence, guardianship, or vigilance. 155
GRAVE ABUSE OF DISCRETION – Error of judgment. Both differ in that grave abuse of discretion means capricious and arbitrary exercise of judgment while error of judgment means the mistakes actually committed in adjudication. HABEAS CORPUS – The writ of habeas corpus is the means by which judicial inquiry is made into the alleged encroachments upon the political and natural rights of individuals, such as restraint of liberty. HIJACKING – A term which immediately conjures the images of a group of heavily armed and determined men and women holding up an airplane, ship, bus, van, or other vehicle in order to achieve their nefarious objectives. ILLICIT CONSIDERATION – One which is contrary to law and morals. IN ARTICULO MORTIS – At the point of death. IN FLAGRANTE DELICTO – In the very act of committing a crime. IN PARI DELICTOR – The principle of in pari delicto does not apply to a simulated or fictitious contact nor to a inexistent contract which is devoid of consideration, and an illegal purpose cannot supply the want of consideration. INVESTIGATION – While instigation exempts, entrapment does not; the difference between the two being that in entrapment the crime had already been committed while in instigation the crime was not yet and would not have been committed were it not for the instigation by the peace officer. INTERIM – Temporary, provisional, of passing and temporary duration, as opposed to permanent and regular. INVESTIGATION – An inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matter or matters involved. IPSO FACTO – By the fact or act itself. JUDICIAL NOTICE – Requisites. Three prerequisites to judicial notice of any suggested fact have been stated, namely, 1) that it must be a matter of common and general knowledge, 2) that it must be will and authoritatively settled, and not doubtful or uncertain, and 3) that it must be known to be within the limits of the jurisdiction of the court. JURISDICTION – The word “jurisdiction” as used in the Constitution and statues means jurisdiction over the subject matter only, unless an exception arises by reasons of its employment in a broader sense. JURISPRUDENCE – The groundwork of the written law. The science of law; the particular science of giving a wise interpretation to the laws and making a just application of them to all cases as they arise. In an untechnical sense, the term means sometimes Cases Law. LASCIVIOUSNESS – The term “lasciviousness” in Art 336, RPC. Comprises all acts of lasciviousness performed upon a person of either sex short of lying with a woman and anything leading up to it, independently of the intention of the wrongdoer. LAST CLEAR CHANCE – A doctrine that a person who has the last clear change to void the impending harm and fails to do so is chargeable with the consequences, without reference to the prior negligence of the other party. LEWD – The unlawful indulgence of lust. MALA IN SE – Mala prohibita. In acts mala in se, the intent governs but in those mala prohibita, the only inquiry is, has the law been violated? MALA PROHIBITA – Mala prohibita. In acts male se, the intent governs but in those mala prohibita, the only inquiry is, has the law been violated? 156
MOOT CASE – A case is considered as presenting a moot question when a judgment thereon cannot have any practical legal effect or, in the nature of things, cannot be enforced. MORAL CERTAINTY – A certainly that convinces and satisfies the reasons and conscience of those who are to act upon a given matter. MORTGAGOR – The word “mortgagor”, as used in the charter of the Philippine National Bank in connection with the right of redemption, includes both the estate of a deceased mortgagor and his heirs. MOTION – Motions are various kinds and may be classified as litigated, exparte, special, or a motion of course. MOTU PROPIO – On its own motion or initiative. NEGATIVE EVIDENCE – Evidence is negative when the witness states that he did not see or know the occurrence of a fact. NEGATIVE PREGNANT – A denial in the answer which, although in the form of a traverse, really admits a material part of the averment. A denial in the form of a negative pregnant does not raise a material issue, and operates as an admission of the substance of the allegations to which it is directed. NEGLECT OF DUTY – The omission or refusal, without sufficient excuse, to perform an act or duty, which it was the officer’s legal obligation to perform. NOMINAL PARTY – One who is joined as plaintiff or defendant, not because he has any real interest in the subject-matter or because any relief is demanded as against him, but merely because the technical rules of pleading require his presence on the record. OBITER DICTUM – A statement made in passing; a rule issued on a point not necessarily involved in the case. OBLIGATION – A Judicial necessity to give, to do or not to do. OCCULAR INSPECTION – An auxiliary remedy which the law affords the parties or the court to reach an enlightened determination of the case, either to clear a doubt, to reach a conclusion, or to find the truth, by viewing the object related to the fact in issue. – Delima v Reyes, 01538 SP, August 6, 1973. OFFENDED PARTY – In oral defamation or libel, the “offended party” referred to in par. 4 Art 360, RPC, and in Sec 4, Rule 110, Rules of Court, is the person appearing to have been defamed, discredited, damaged and prejudiced by the imputation made. – Ponce v Bautista, 03239-SP, October 29, 1976. The “offender party” who intervenes in a criminal action, under Sec 15 Rule 110, Rules of Court, is the person who is entitled to civil indemnity in the civil action arising out of the criminal act for which the accused is charged. – People v. Ubusan, 75 OG 8114. ONUS PROBANDI – The obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution of defense of an action, to establish its proof. The obligation imposed by law on a party to the litigation to persuade the court that he is entitled to relief. If no evidence is presented on a particular issue, the party having the burden of proof as to issue will lose, and if that issue is terminative of the cause of action, he will lose the litigation. OPINION – The opinion of the Court is that portion of the judgment containing the findings of facts and the conclusions of law. ORGANIZED CRIME – is a combination of two or more persons who are engaged in a criminal or virtual criminal activity on a continuing basis for the purpose of profit or power using gangland style to attain their purpose. 157
PARENS PATRIAE – Parent or guardian of the country. The states as a sovereign, as parent partriae, has the right to enforce all charities of a public nature, by virtue of its general superintending authority over th public interest, where no other person in entrusted with it. A prerogative, inherent in the supreme power of every State, to be exercised in the interest of humanity, and for he prevention of injury to those who cannot protect themselves. PAROL EVIDECE – Requisites. For the admissibility of parol evidence of the ground of mistake or imperfection of the writing, the following requisites must concur; 1) the mistake should be of fact; 2) the mistake should be mutual or common to both parties to the instrument; and 3) the mistake should be alleged and proved by clear and convincing evidence. PROJECT PROPOSAL – The recommended format or documentary vehicle to be used in the presentation of the operational concepts and administrative necessities in the conduct on intelligence special projects for the processing and approval of designated authorities. PROXIMATE CAUSE – The proximate cause of an injury is the one which produces the injury either directly or thru other causes which it sets in motion and thru which it acts in a natural line of causation. QUANTUM MERUIT – Elements. In fixing the reasonable compensation of lawyers for services rendered on quantum meruit, the elements to be considered generally are: 1) the importance of the subject matter of the controversy; 2) the extent of the services rendered; and 3) the professional standing of the lawyer. QUESTION OF FACT – There is a question of fact when the doubt of difference arises as to the truth or falsehood of alleged facts, or when it involves an examination of the probative value of the evidence presented by the litigants or any of them. QUESTION OF LAW – There is a question of law in a given case when the doubt or difference arise as to what the law is on a certain state of facts. REASONABLE DOUBT – A reasonable doubt is not a mere guess that defendant may or may not guilty, it is such a doubt as a reasonable man might entertain after a fair review and consideration of the evidence. RECLUSION PERPETUA – The penalty of life imprisonment. However, the offender is eligible for pardon after undergoing the penalty for thirty years. RES GESTAE – Statement accompanying and explaining the facts in issue. Statements, otherwise inadmissible in evidence because they are hearsay, which are sufficiently contemporaneous with the act they accompany and explain, admissible in evidences as part of the res gestae. RES IPSA LOQUITUR – The doctrine f ores ipsa loquitur applies only when the facts and circumstances of the accident do not appear in the record. The doctrine, being a rule of necessity, must be invoked only where the evidence is absent and not readily available. Nor is it applicable where the cause of the accident is unknown. SEPARATION OF POWERS. – a basic concept under our Constitution, embodying the principle of a tripartite division of government authority entrusted to Congress, the President, and the Supreme Court as well s such inferior courts as may be created by law. Three departments of government are thus provided for, the legislative vested with the lawmaking function, the executive with the enforcement of what has been thus enacted, and the judiciary with the administration of justice, deciding cases according to law. The reason for such a doctrine is to assure liberty, no one branch being enabled to arrogate unto itself the whole power to govern and thus in a position to impose its unfettered will – Garcia v. Macaraig, Adm Case No. 198-J, May 31, 1971; 39 SCRA 115. SERVICE OF SUMMONS – A notice to the defendant informing him that an action has been commenced against him which he must answer within specified time, or else judgment with be taken against him. It is the means by which the defendant is afforded 158
an opportunity, and rights, and thereby have them safe in the defense of his person, property, and rights, and thereby have them safe guarded. The principal object of this process is to give the party to whom it is addressed a notice of proceedings against him – Cloma v. Moya, SP-01048, June 14, 1972. SPIRIT OF THE LAW – The intent and purpose of the lawmaker, or framer of the Constitution, as determined by a consideration for the whole context thereof- and, hence, of the letter of the law, in its entirety-and the circumstances surrounding its enactment. STATE WITNESS – Requisites – The requisites for the discharge of an accused in order that he may be made for the prosecution are: 1) Two or more persons are charged with the commission of the certain offense; 2) the petition for discharge is filed before the defense has offered its evidence; 3) there is absolute necessity for the testimony of the defendant whose discharge is requested 4) there is no other direct evidence available for the proper prosecution of the offense committed except the testimony of said defendant; 5) the testimony of said defendant can be substantially corroborated in its material points; 6) said defendant does not appear to be the most guilty; and 7) said defendant had not at any time been convicted of any offense involving moral turpitude. SUBSTANTIAL EVIDENCE – “Substantial Evidence” means more than a more scintilla; it is of a more substantial and relevant consequence and excludes vague, uncertain and irrelevant matter, implying a quality of proof which induces conviction and makes an impression on reason. It means that the one weighing the evidence takes into consideration all the facts presented to him and all reasonable inferences, deductions and conclusions to be drawn there from, and, considering them in their entirety and relation to each other, arrives at a fixed conviction. SUBSTANTIVE DUE PROCESS – The constitutional guaranty that no person shall be deprived of his life, liberty, or property for arbitrary reasons, such as a deprivation being constitutionally supportable only if the conduct from which the deprivation flows is prescribed by reasonable legislation (that is, the enactment is within the scope of legislative authority) reasonably applied (that is, for a purpose consonant with the purpose of the legislation itself). SUFFICIENT PROVOCATION – As a mitigating circumstances, provocation that is adequate to excite the person to commit the wrong and proportionate to its gravity, and which must also immediately precede the act. SUMMARY OF INFORMATION – Is the narration of pieces of information received by a collecting agency/unit or agent relative to an activity of a group or individual. SUPERVENING EVENT – A doctrine in criminal procedure which holds that where a new fact (such as a deformity) for which the defendant is responsible has supervened and this new fact charges the character of the crime first imputed to him, so that, together with the facts previously existing, it constitutes a new and distinct offense, no double jeopardy exists. TACTICAL INTERROGATION REPORT – The report rendered by an interrogator/ investigator which contains the following information of subjects: a) Personal and family background; b) Educational background; c) Professional background; d) Criminal activities/ associates, armaments; e) Plans. UNSCRUPULOUS – Unprincipled, or not scrupulous. So, a person who is without scruple would be one who is lacking in moral integrity, or in principles; not adhering to ethical standards; careless; imprudent. When used to described politicos, it could refer to politicos who would be happy to sell their country in order to gain power. – People v Alagao, 24114-CR, November 27, 1981. VENUE – Venues deals on the locality, the place where the suit may be had, while jurisdiction treats of the power of the court to decide the case on the merits. 159
VOLUNTARY SURRENDER – A surrender to be voluntary, as mitigating circumstances in criminal law, must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities. WAIVER – The doctrine of waiver, from its nature, applies ordinarily to all rights of privileges to which a person is legally entitled, provided such rights or privileges belong to the individual and are intended solely for his benefit.
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