CDI 1: FUNDAMENTALS OF CRIMINAL INVESTIGATION

I. INTRODUCTION

Origin of the word:

The word investigation was derived from Latin word “Investigare or Investigatus” which means to trace or
track. It may have been derived also from vestigium, another Latin word which literally meant footprint.

Investigation – literally means the act or process of careful inquiry or research; and defined by Webster’s as the
systematic examination of some scientific detail or question whether by experiment or mathematical treatment.

II. ANCIENT ROOTS OF INVESTIGATION

➢ 1720’s – History of investigation started in England. It was during the time of JONATHAN WILD - a buckle maker
then a brothel o perator; a master criminal who became London’s most effective criminal investigator. He was the most
famous Thief Catcher in 1720’s for pioneering the logic of “employing a thief to catch a thief”.

Two Classes of Early Thief Catchers:

1. Hirelings – whose motivations were mercenary in nature;

2. Social Climbers – who would implicate their accomplices in order to move up the social ladder.
➢ 1749, England – HENRY FIELDING a magistrate for Wismenster and Middlesex in London, who founded a group
of non-uniformed thief catchers attached to the Bow Street Court whose function was to detect and watch criminals.

SIR JOHN FIELDING – the blind younger brother of Henry Fielding who took over the control of the Bow Street Court in
1753. This time he called it as the “Bow Street Runner” which was considered as the first privately paid group to follow-up
investigation of crime.

- He initiated the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.
➢ 1811, France – EUGENE “FRANCOIS” VIDOCQ – a former convict who became a Paris Investigator who introduced
the trade protection policy which became the forerunner of the credit card system.
➢ 1829, London – SIR ROBERT PEEL (the Father of Modern Policing System), founded the London Metropolitan Police
– the SCOTLAND YARD Bobbies. He presented the art and techniques of surveillance such as detectives concealing
themselves while discreetly taking photograph and recording conversation.
➢ 1835, USA – TEXAS RANGERS was organized as first law enforcement agency with statewide investigative authority,
the forerunner of the Federal Bureau of Investigation (FBI)
➢ 1852, USA – ALLAN PINKERTON became America’s most famous private investigator who was considered as the
founder of American Criminal Investigation System.
- Spearheaded the use of the telegraph, the railroads and photography
- He can also be credited with establishing the practice of handwriting examination in U.S. courts
- Credited for perfecting the techniques of Undercover Investigation.
➢ 1856, USA -MRS. KATE WARNE – was the first woman detective hired by Pinkerton agency.
➢ 1877, England – HOWARD VINCENT -a civilian lawyer who became the head of the Criminal Investigation
Department hired by Sir Robert Peel.
➢ 1882, France -ALPHONSE BERTILLON – a French Police Clerk who was recognized as the founder of Criminal
Identification for introducing the first systematic identification system based on Anthropometry.
➢ 1887, England – DR. ARTHUR CONAN DOYLE – was a British writer and physician, most noted for creating the
fictional detective Sherlock Holmes and writing stories about him which led to the public consciousness for forensic
science.
➢ 1891 – DR. HANS GROSS, was an Australian Criminal Jurist who published the book “Criminal Investigation”
introducing the first comprehensive description of physical evidence in solving problems.
- Credited in coining the word “CRIMINALISTICS”
- Father of Criminalistics/Criminal Investigation
➢ 1954, USA – DR. PAUL KIRK, one of the best known American Criminalist, headed the Department of Criminalistics
at the University of California, USA.
➢ 1961, MAPP VS. OHIO - US Supreme Court ruled that “illegally obtained evidence is inadmissible”. The case that
established the “Doctrine of the Fruit of the Poisonous Tree”.
➢ 1966, MIRANDA VS. ARIZONA - established the rights of a person under custodial investigation.

III. CONCEPT AND PRINCIPLES OF CRIMINAL INVESTIGATION

Criminal Investigation – it is an art or science (as well) which deals with the identity and location of the offender
and provides evidence of guilt through criminal proceedings.

- It is more an art than a science for it is not governed by rigid rules, but more often rule by intuition,
felicity of inspiration, and to a minor extent, by chance or luck. (Tradio)
- Involves the systematic process of identifying, collecting, preserving, and evaluating information for
purposes of bringing a criminal offender to justice.
- It is the collection of facts in order to accomplish the three-fold aims:
• Identify the guilty party;

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 • Locate the guilty party; and
• Provide evidence of his guilt.

Criminal Investigator – is a public safety officer who is tasked to conduct the investigation of all criminal cases
as provided for and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are criminal
in nature.

TRAINING:

- The National Forensic Science Training Institute (NFSTI) under the PPSC, is an institution
that trains uniformed personnel of the PNP to become a certified investigator.
- All investigator in any police unit must be a graduate of prescribed investigation course (CRIDEC)
with a rank of at least PO2 or Police Corporal (pre-requisite to assignment).

QUALITIES OF A GOOD INVESTIGATOR

1. Perseverance
2. Intelligence
3. Honest
4. Endurance
5. Understanding of the people and environment
6. Keen power of observation and deception
7. Acting Ability
8. Mastery of the Oral and Written Communication
9. Working Knowledge of Criminal Law, Evidence, Criminal Procedure and Special Penal Laws
10. Sense of Justice and Fair Play
11. The power to “read between the lines”
12. Working knowledge of martial arts and firearms proficiency

SIX CARDINAL POINTS OF INVESTIGATION (5W’s & 1 H)

• WHAT specific offense has been committed? = Nature of crime
• WHERE crime was committed? = Place or location
• WHEN it was committed? = Time and date
• WHOM it was committed? = Persons/s involved
• WHY it was committed? = Reason or motive of committing
the crime
• HOW it was committed? = Manner, method or modus
operandi

IV. THE THREE TOOLS OR I’S OF INVESTIGATION

1. INFORMATION – It is the knowledge of facts which the investigator had gathered from persons or
documents, which are pertinent relevant concerning the commission of criminal activities.

SOURCES OF INFORMATION
A. Regular Sources – acquired from open sources, records, files.
B. Cultivated Sources – furnished by informant/informer.
C. Grapevine Sources – coming from the underworld characters such as prisoners or
criminals.

2. INTERVIEW AND INTERROGATION

A. Interview defined – it is the simple questioning of a person who cooperates with the
investigator.
B. Interrogation defined – it is a process of obtaining an admission or confession from
those suspects to have committed a crime. It is confrontational in nature.

3. INSTRUMENTATION – scientific examination of real evidence, application of instruments and

methods of physical sciences in detecting crime. It is the sum total of the application of all sciences
in investigation known as “Criminalistics”.

V. INFORMER DISTINGUISHED FROM INFORMANT

1. INFORMER – the person who provides information to the police on a regular basis mainly for
purposes of rewards or remuneration.
- They are either paid regularly or on a case-to-case basis, or none at all.
2. INFORMANT – is any person who furnishes the police information relevant to a criminal case about
the activities of criminals or syndicates.
- They provide information to the prober voluntarily without any consideration.

TYPES OF INFORMANTS
a. Anonymous Informant – one who provides information to law enforcement while refusing to
identify himself or herself.
b. Rival-Elimination Informant – gives information to eliminate the rival person or gang due to
competition or other motives such as revenge.
c. False Informant – reveals information of no consequence or no value.

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 d. Frightened Informant – motivated by anxiety; he may be one of the lesser gang members who
runs to the police when his gang mates are about to be involved in dangerous situation or when the
gang he belongs is hot on the police trail. They are considered as the weakest link in the composition
of the criminal chain.
e. Self-Aggrandizing Informant – this kind of informant moves around the center of criminals, group
or syndicate and delight in surprising the police about bits of information.
f. Mercenary Informant – Sells information. He/she could be one of the members of the syndicate.
g. Double-Crosser Informant – confesses information as an excuse to talk to the police in order to
get more information from them more than he gives.
h. Woman Informant – she could be an associate of the syndicate. She uses her body, charm &
beauty to obtain more information.
i. Incidental Informant – individuals who furnish information with no intention of repeating his
services of furnishing information on continuing basis.
j. Casual Informant – individuals who by social or professional position, possesses or has access to
information to the investigation unit, either in response to a specific request or on his own initiative.
k. Automatic Informants – those by virtue of their official positions are expected or obligated to
furnish information openly to the investigation unit in normal course of their duty.
l. Recruited Informant – individuals that are selected, trained and utilized as continues and covert
sources of information concerning specific counterintelligence targets.
m. Legitimate Informant - operators of legitimate business establishments.

MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

VI. THE ART OF OBTAINING INFORMATION

INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain information from the person
being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official interest to the investigator.

BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to.
Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This
makes interviewing an art.

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport, Opening
Statement, Narration, Inquiry, and conclusion.
▪ Identity – prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank and agency. Except, when there is no need to know the officer’s identity.
▪ Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator t have a better interaction.
▪ Opening Statement – the investigator must have to indicate why the subject is being contracted.
▪ Narration – the witness should be allowed to tell all he knows with little interruptions from the investigator.
▪ Inquiry – after all information have been given by the subject, that is the time for the investigator to ask
question to clarify him about the case under investigation.
▪ Conclusions – after the interview, it is but proper to close the interview with outmost courtesy and thanking
the subject for his cooperation.

The Golden Rule of Interview

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene. The questioning
will lead wayward for the interviewer who had not seen personally the crime scene and he will not be in a position to
distinguish half-truths, exaggerations for falsehood from the answer of the person being interviewed”.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time

b. Avoid implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude

INTERROGATION –is the skillful questioning of a hostile person suspecting of having committed an offense or a
person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

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Purposes/Objectives of Interrogation
a. To obtain valuable facts.
b. Eliminate the innocent.
c. Identify the guilty party; and
d. Obtain confession

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

The Golden Rule of Interrogation

“Make him admit something, no matter how small or trivial. Usually the first admission will lead to another. In securing
the first admission is the biggest stumbling block in dealing with tough suspects”.

What should be the attitude of the interrogator?

▪ Dominate the interview
▪ Avoid distracting mannerism
▪ Language
▪ Dress Code
▪ Preliminary conduct
▪ Presence of other persons
▪ Place (interrogation room)

LEGAL REQUIREMENTS OF INTERROGATION

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

MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court Jurisprudence which
laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973
Constitution and later in 1987 Constitution of the Philippines.

Sec. 12, Art. III of 1987 Philippine Constitution

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

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

REPUBLIC ACT NO. 7438 – Rights of the Person Arrested, Detained or under Custodial Investigation:
• Right to remain silent
• The right to have a competent and independent counsel, preferably of his own choice who shall at all times
be allowed to confer privately with the person arrested, detained, or under custodial investigation

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 • If such person cannot afford the service of his/her counsel, he must be provided with a competent and
independent counsel by the investigating officer
• Shall be allowed visits by or conferences with any members of his immediate family

Note:
Custodial Investigation shall include the practice of issuing an “invitation” to a person who is investigated in
connection with an offense he is suspected to have committed without prejudice to the person. (R.A. 7438)

CONFESSION AND ADMISSION

• Confession – It is the direct acknowledgement of guilt arising from the commission of a crime. A
statement of the suspect directly acknowledging his guilt.
• Admission – A self-incriminatory statement by the subject falling short of an acknowledgment of
guilt.
- It is the acknowledgement of fact or circumstance without accepting guilt.

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

Types of Confession
1. Judicial Confession – made by the suspect/accused in open court.
2. Extra-Judicial Confession – made by the suspect during custodial investigation this must be supported
by evidence of “Corpus Delicti”

RULES TO BE OBSERVED IN TAKING EXTRA-JUDICIAL CONFESSION OR ADMISSION

1. Must be taken preferably in writing and under oath

2. It must be written in the language known and understood by the accused, if not it must be clearly
translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent and independent counsel
chosen by the accused
5. Signed by the confessant or thumb marked

SURVEILLANCE – is the secret/discreet/clandestine observation of persons, places,and vehicles for the

purpose of obtaining information concerning the identities or activities of the subject.

THREE GENERAL KINDS OF SURVEILLANCE

• Tailing or Shadowing
• Casing or Reconnaissance
• Undercover Operation or Roping
SURVEILLANT – is the person who maintains the surveillance or performs the observation.
SUBJECT – the person or place being watched or surveyed.

TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant available, volume
of pedestrian traffic and importance of concealing the surveillance.

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

What are the things that should be avoided during shadowing?

a. Don’t meet the eye of the subject
b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. Don’t make notations ostensibly

How to detect foot surveillance?

A subject who is suspicious of being under surveillance may resort to trickery in order to verify his suspicion.
When a subject resort to such trickery, it is good policy to change agents, for the suspect may have ‘spotted’ one or
more of his surveillants.
a. stopping abruptly and look back
b. casually looking around

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c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.

How to elude foot surveillance?

Common method to elude foot surveillance in which surveillants must be prepared and guard against are the
following:
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing

AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of surveillance vehicles
available, the volume of vehicular traffic in the area, the importance of concealing the surveillance from the subject,
and the subject’s estimated ability to detect and elude surveillance. At all times each vehicle should be occupied by at
least two agents; one to concentrate on driving, and the other to observe, take notes, operate radio equipment, or to
dismount and continue the surveillance on foot.

How to detect automobile surveillance

As in the case of foot surveillance, a subject who believes he is being followed may resort to trickery in order
to verify his suspicions. Some of the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down

How to elude automobile surveillance

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

CASING OR RECONNAISSANCE - it is the careful inspection of a place or building to determine its suitability
for a particular operational purpose.

METHODS OF CASING
a. Personal Reconnaissance - most effective method and will produce the most information since you know
what you’re looking for.
b. Map Reconnaissance - it may not sufficient but it can produce a certain amount of usable information.
c. Research - more information can be acquired, best used with other methods.
d. Prior Information - those records in your file unit that may provide valuable information.
e. Hearsay - information usually gain by the person operating in the area and performing casing job.
UNDERCOVER OPERATION OR ROPING – is a form of investigation in which the investigator is disguising his
own identity or assumes a different and unofficial identity in order to obtain information.

SPECIFIC TYPES OF SURVEILANCE

A. According to Methods
◼ Stationary Surveillance - also referred to as Fixed and Stakeout Surveillance
- is used when you know or suspect that a person is at or will come to a known location when you suspect that
stolen goods are to be dropped or when informants have told you that a crime is going to be committed.
◼ Technical Surveillance - by the use of communications and electronics gadgets, system and equipment.
B. According to Intensity and Sensitivity
◼ Loose Tail - employed where a general impression of the subject’s habits and associates is required.
◼ Close Tail - extreme precautions are taken against losing the subject is employed where constant surveillance
is necessary.

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 ◼ Rough Shadowing - employed without special precautions, the subject may be aware of the surveillance;
employed also when the subject is a material witness and must be protected from harm or other undesirable
influences.

PHASES OF INVESTIGATION
The main objectives of a police investigator is to gather all facts in order to:
Phase I. Identify the suspect/s through
1. Confession;
2. Eyewitness testimony;
3. Circumstantial evidence; and
4. Associative evidence
Phase II. Locate and apprehend the suspect/s
Phase III. Gather and provide evidence to establish the guilt of the accused. In proving the guilt of the accused
in court, the fact of the existence of the crime must be established; the accused must be identified and associated with
the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately
identified. The investigator must know by heart the elements of a specific crime.

Kinds of Criminals Identified by Witnesses:

a. Known Criminals (Fugitive) - these are criminals whose pictures are available from police files and
records.
b. Unknown Criminals (Fugitive) - these are criminals whose identification are furnished by eyewitness
only.
Methods of Identification by witness
a. Portrait Parle (Verbal description) - french word of “speaking likeness”, depends on the ability of the
witness to observe, describe and compare.
b. Rogues Gallery - the use of photographic files, successful if there is an existing photograph of the suspect
on police files.
c. General Photograph - variety of facial types showing different features of the face is presented to the
witness by the investigator.
d. Artist/Cartographic sketch- the witness and prober develop a picture of the criminal with the help of
skilled cartographer. (Composite Criminal Illustration)
Factors to determine the accuracy of identification by eyewitness:
a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility and observation when the crime was committed;
c. The lapse of time.
Factors to determine the credibility of identification by eyewitness:
a. His/Her state of mind when he witnessed the commission of crime
b. His/Her consciousness to the time the event took place
c. The capability of the witness to understand the obligation to tell the truth
Procedures of identification by eyewitnesses:
a. Physical line-up – is a means of selecting a suspect mixed with a group of innocent persons
usually composed of seven to ten persons. The purpose of line-up is to eliminate the power of
suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the crime
and made immediately after the arrest of the suspect.

VII. GENERAL PRINCIPLES OF CRIME SCENE INVESTIGATION

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

What constitute a Crime Scene?

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

LOCARD’S EXCHANGE PRINCIPLE:

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

KINDS OF EVIDENCE
1. DIRECT EVIDENCE - it establishes a fact without the need to refer to inferences or implications.

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2. CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with other facts,
the identity of the person can be inferred.

When may circumstantial evidence be sufficient to produce conviction?

a) when there is more than one circumstance
b) when the facts from which the inferences derived are proven
c) when the combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:
a. The suspect could have been in the vicinity of the crime scene at the time it was committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the
essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene.
The suspect may leave some clues at the scene such as weapons, tools, garments.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods in the
possession of the suspect in an example of tracing evidence.
Crime Reenactment - the process by which written confession of the accused is used as a script in describing the
events of the crime.

Crime Scene Reconstruction – the assessment made by the investigator after the crime scene investigation, of how
the crime is committed.

⚫ Physical Reconstruction - Physical appearance of the crime scene reconstructed from the description of the
witness and the indication of the physical evidence.
⚫ Mental Reconstruction - after physical reconstruction, conclusions are made about the consistency of the
accounts of the various witnesses. No assumption is made without supporting evidence.

What are the components of the crime scene situation which should be analyzed?
- Suspect arrival at the scene and place of entry, movement of suspect from the point of entry and his contact
with the victim, and place of exit.
CRIME SCENE INVESTIGATION - is a comprehensive inquiry of a crime by conducting systematic procedure of
various investigative methodologies which involves recovery of physical and testimonial evidence for the purpose of
identifying the witnesses, and arrest of perpetrator(s) for prosecution.

When does CSI commence?

- CSI shall technically commence upon the arrival of the FRs and conclude with the lifting of the security cordon and
release of the crime scene by the OIC;

Scene of the Crime Operation (SOCO) - a unit within the PNP which is responsible in processing significant crime
scene which are sensational in nature.

CSI vs. SOCO

CSI SOCO

- Includes identification and interview of witnesses - Only limited to processing of the crime evidence
- Arrest of the suspect
- Scientific processing of crime scene

First Responders (FRs) - the very first person to arrive and respond at the crime scene.

- Must be able to properly preserve the crime scene in order to get maximum scientific informations that will help in
the successful prosecution of the perpetrator of the crime.

The four priorities of the FR’s upon arrival at the scene:

• To give first aid; or try to save life, if possible
• To apprehend the suspected offender
• To protect and if necessary collect and preserve evidence
• To cordon off and and protect the area; investigative

The First Responder shall:

• Cordon off crime scene with whatever available materials like ropes, straws, human barricade, police line;
• Evacuate injured persons to the nearest hospital;

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 • Prepare to take “dying declaration” of severely injured person with the following requisites:
1. That death is imminent and the declarant is conscious of the fact
2. That the declaration refers to the cause and surrounding circumstances of such death;
3. That the declaration refers to facts which the victim is competent to testify to; and
4. That the declaration is offered in a case where the declarant’s death is the subject of inquiry.

• Prevent entry/exit of persons within the cordoned area; and

• Prepare to brief the CSI Team Leader of the situation upon their arrival.

GOLDEN RULE AT CRIME SCENE INVESTIGATION

Never touch, move, or alter any object at the crime scene unless it has been photographed, measured, and
sketched from any conceivable angle.
MAC RULE
Do not:
M= Move or Mutilate
A=Alter
C= Change or Contaminate the crime scene.

Crime Scene Documentation

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

Crime Scene Photography:

- It is conducted to create an accurate, objective, visual and permanent record of the crime scene
before any item is moved or removed as possible physical evidence. It is recommended to take as
many photographs as you can be giving emphasis to possible physical evidence.

Guidelines for taking photographs of a Crime Scene:

• Photograph should be taken as soon as possible, before note taking, sketching or a search for evidence
begins.
• It must show the original, uncontaminated condition of the crime scene.
• Photograph of the crime scene only should be taken without spectators or police personnel
• It must form an organized sequence and show all relevant location & object.
• It must be taken from general to specific.
•
THREE MAJOR TYPES OF PICTORIAL VIEWS

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

CRIME SCENE SKETCH

- It is the graphic representation of the scene of the crime with complete measurements of the relative
distances of relevant object and conditions obtaining therein.

General Kinds of Sketch:

1. Rough Sketch – it is made by the investigator at the crime scene which is full of important details but
without scale of proportion.
- Basis for the finished sketch
- It is the first pencil-drawn outline of the scene and the location of objects and evidence within its outline.
2. Finished Sketch – is often drawn by a draftsman to show proper relationships and scales. The finished
sketch is more presentable for court room presentations.

ELEMENTS OF SKETCH

a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title

SPECIFIC KINDS OF SKETCHES

• Sketch of Locality/Neighborhood Sketch- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
• Sketch of the Ground/Floor Plan/Overview- picture of the scene of the crime with its nearest physical
surrounding.
• Sketch in Details – the immediate scene only.

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 • Exploded/Cross Projection – gives the clear impression of the scene in cases where blood stains or bullet
holes are found.

TYPES OF MEASUREMENT

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

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photographed and sketched to systematically
look for physical evidence that may prove useful in establishing that a crime has been committed and to determine
what method of operation the perpetrator may have used.

METHODS OF CRIME SCENE SEARCH

a. Strip or Line Search Method – The three (3) searchers A, B, C, proceed slowly at the same pace along
the path parallel to one side of the rectangle.
b. Double Strip or Grid Method – is a modification of the strip search and is useful for large crime scene,
particularly out door scenes.
c. Spiral/Circular/Concentric Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or counter-clockwise
direction.
d. Zone/Quadrant/Sector Search Method – the area to be searched is divided into four quadrants and
each searcher is assigned to one quadrant.
e. Wheel Search Method/Pie, Radial or Spoke Method – is applicable for area which is considered to
be approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion. The
searchers gather at the center and proceed outward.

COLLECTION, MARKING, TAGGING AND PRESERVATION OF EVIDENCE:

I. Collection of Evidence – this is accomplished after the search is completed; rough sketch finished and
photographs taken.
II. Marking of Evidence – any physical evidence obtained must be marked or tagged before its submission
to the evidence custodian. The investigator places his initials, the date and time of the discovery on each
item of evidence for proper identification. Markings on the specimen:
1. Exhibit Case Number
2. Initials & Signature of the Collecting Officer
3. Time & date of collection

Note: It is also important to include the place or location where the evidence was collected.

III. Tagging of Evidence – this is done through movable object/s wherein marking on any of its surface is
not possible. Tag must contain the markings and other information about the specimen.
IV. Preservation of Evidence – it is the investigator’s responsibility to ensure that every precaution is
exercised to preserve physical evidence in the state in which it was obtained/recovered until it is released
to the evidence custodian.

CHAIN OF CUSTODY - It is the number of persons who handled and possessed the pieces of evidence the moment
they were collected, marked and tagged, up to the time of the final disposition of the case.

METHODS OF MARKING SPECIFIC KINDS OF EVIDENCE

1. GUNS:
▪ Revolver – frame, butt, cylinder, barrel and stock.
▪ Rifles – barrel, frame, bolt or slide.
▪ All magazines and accessories shall also be marked.
2. REVOLVER CYLINDER – the chamber facing the firing pin must be marked as soon as it is open for
examination.

RED NOTES 2022 10

 Note: The direction of the rotation of the cylinder must also be sketched and noted. e.g. Colt clockwise while
S & W counter clockwise direction.
3. FIRED EMPTY SHELLS – fired empty cartridges inside the mouth, in case of .22 call on the side of the body of
the shell.
4. BULLETS OF SLUG – Ogive or nose avoiding the land and groove. They could also be marked on the base.

Procedures needed for the care of physical evidence:

1. The article must be properly identified

2. Chain of custody must be proven
3. The evidence must be material and relevant

Conduct of Final Survey

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

Release of the Crime Scene

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

RED NOTES 2022 11

 CDI 2: TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRANSPORTATION
- is the conveying of persons and goods from one place to another.
- from the Latin word “Terans” meaning across or and move and “Portare” means to carry

VARIOUS ANCIENT MODES OF TRANSPORTATION

A. MANPOWER
B. ANIMAL POWER
C. WIND POWER

A. MANPOWER
- Early man, who had no domesticated animals, carried his own burdens. Manpower is important in
transportation in many parts of the world.

▪ Carrying Pole
- In China and other parts of Far East, the carrying pole, balanced on one shoulder is a popular carrying
device.
- On islands of the Pacific, the ends of the pole are supported by two men, with goods suspended from
the pole in between.
▪ Back Load and Tumpline
- In many parts of the world, goods are carried on the back.
- In Subtemala, pots are carried on a wooden framework supported by a tumpline across the forehead.
- In the Andes, the load is held on the back by a strap passing over the chest.
▪ Sledge on rollers
- the moving of heavy burdens was to place them on sledge which rested on a series of rollers.
▪ Sledge on runners
- A simple sledge, probably man-drawn, was in use at the end of the Old Stone Age in Northern Europe, as
evidenced by fragments of wooden runners which survived.
▪ Travois
- This travois, as the pole arrangement called, serves as a platform on which the burdens are placed.

B. ANIMAL POWER
- The domestication of animals greatly increased the potential power available for transportation. Pack animals were
introduced as conveyances mainly to save labor. A man can tend several pack animals moving together, each of which
(except dogs) can carry more than he usually can. Little advantage in speed is gained part of the animals' carrying
capacity is sacrificed.
▪ Ох
- cattles, which were domesticated in Mesopotamia, were used as draft animals to draw war chariots.
Oxen are still used as draft animals in many regions of the world. In some parts of Africa, they are used as
pack animals and for riding.
▪ Reindeer
- First domesticated in Siberia in the beginning of Christian era. In Altai Mountains, they were ridden with
saddles. Elsewhere, they draw sledges somewhat like the dog sledges of the far north.
▪ Dog
- The first animal domesticated is too slight to carry heavy loads. The plain Indians sometimes packed
light loads on dog’s backs and piled goods on travois which the dogs dragged. In the Far North, the dogs
team drawing sledges are the chief means of transportation; and in Europe, the dogs are used to draw small
carts.
▪ Donkey
- the donkey or ass, first domesticated in the Middle East. Donkey caravans carry goods between the cities
of Southwest Asia and Egypt and the donkey is still the chief beast of burden among farmers of the Near East,
the Mediterranean Area and Mexico, where it was introduced from Spain.
▪ Llama
– In pre-Columbian America, the Llama was the only new world animal other than the dog capable of
domestication for use in transport.
- In the high Andes, the Llama was used as a pack animal by the Incas and their Spanish conquerors, as its
means of transportation by modern Andean people.
▪ Elephant
- The Carthaginians used African elephant in their war against Rome but in recent centuries, these animals
have not been tamed.
- In India, elephants were formerly used in war and are still employed to some extent for ceremonial
processions and big game hunting.
- In Burma and Thailand, this huge animal are widely used in the lumber industry.
▪ Horse
- Around 2,000 B.C., horse drawn chariots appeared in the southwest Asia and 1,000 years later, the Persians
arrived with cavalry which gave mobility and power to German tribes who invaded Europe and to the Central
Asian conqueror Genghis Khan. In Europe, horses were used to draw wheeled vehicles and for riding for some
time until the introduction of mechanized vehicles.
▪ Camel
- There are two kinds of camel, the two-humped bactirian of Central Asia and the one-humped
dromedary of Arabia have long been used for transport.

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 - The bactirian camel has plodded along the caravans routes between China and Iran at least 2,000 years.
It is also used to draw carts.
- The dromedary, which has less endurance but it is fleeter and special fast-paced riding camel, is bred by
the Arab nomads.
▪ Yak
- A long-haired type of cattle that lives at high altitudes on the Tibetan plateau and in the neighboring
Mountain regions is ridden and used as a pack animal at heights were horses and ordinary animal could not
survive.

c. WIND POWER
- Man realized the energy from the mass moving air and learned to utilize such powers to lift rather to drag. This paved
way to invention of air lifted transportation vessels.
▪ Ancient Chinese Kite
- Based on Korean tradition, the kite was first used for transportation when Korean general employed one in
building bridge.
▪ Da Vinci's Ornithopter
- Leonardo da Vinci, made study of the flight of the birds and his notebooks sketched a number of ornithopter.
▪ Montgolfier Balloon
- the Montgolfier brothers of France Joseph Michel and Jacques Entienne have successfully released several
balloons. The balloons constructed of linen and inflated with hot air traveled 9,000 yards and remained in air
for 20 minutes.
▪ Siemens' Rocket Plane
- In 1847, Ernst Werner Siemens designed rocket plane which was to be propelled by the explosive force of
gun powder.
▪ Lilienthal Glider - Otto Lilienthal a German inventor experimented ornithopters. His chief work was with
gliders. His glider flights exert profound influence on the development of aviation.
▪ Santos Dumont's Airship
- Alberto Santos Dumont, one of the pioneers of lighter-than-aircraft. He built the first airship, he made a 30-
minute round trip flight between St. Louis and the Eiffel Tower.
▪ Wright Brothers Flying Machine
– Inspired by Lilienthal's glider experiments, Orville and Wilbur Wright built biplane kite with over 200 different
wing types which they tested in a wind tunnel of their own invention. They conducted their first man-carrying
powered machine on Dec. 17, 1903 at Kitty Hawk, North Carolina.
▪ Lindbergh's Spirit of St. Louis
- the flight of the Wright brother's airplane paved to the development of aviation. The first airmail was
delivered in 1911 and the World War-1 gave impetus to plane design and the training of pilots.

ROADS AND VEHICLES HISTORY

WHEEL
- was invented probably in Western Asia
- one of man’s great inventions
THE EARLIEST TYPES OF WHEELED CARTS
1. Solid wheels on fixed axle
- The solid wheels were made of a single piece of wood, rotated on single axle.
2. Sumerian chariot with flank wheels
- this chariot, of 2,400 B.C. had solid wheels built up of three pieces, and so was more durable than the one-
piece wheel.
3. Greek quadrica with spoked wheels
- Drawn Quadrin by 2 or 4 horses, was a light and elegant vehicle for gentleman about 250 B.C. It had spoke
wheels and axles of irons or bronze, handles for aid in mounting, and seat formed by a board placed across the handles.
4. Roman carpentum
- a closed, two-wheeled cart, was the favored vehicle when Roman women journeyed outside the city.
5. Italian cocchio (1288)
- a traveling wagon in which the passengers were protected by a covering of leather or clothed fixed over a
wooden framework.

THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)
John Loudon MacAdam (1756)
- Не advocated the theory of feeder road building and perfected the macadamized road in England about 1815.
Spaniards
– the one responsible for the construction of road networks in the Philippines
Americans
- the first to send automobile on the Philippines in the year 1901
AFTER THE FALL OF ROMANS
- In the 5th Century, land haulage generally declined because highways suffered inadequate maintenance
SIGNIFICANT IMPROVEMENT OF ROAD VEHICLE
- Began with the adaption of COACH SPRING ABOUT 1650.
IN THE MID-18TH CENTURY, ENGLISH ROADS
- The coaches could average only about 4 mph (6.4 km/h) and the mail was usually carried by boys on horses.

RED NOTES 2022 13

CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley
NEW CASTLE TO MANCHESTER (7 miles)
– the first canal ever built
RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)
STOCKTON AND DARLINGTON line (1825)
– the first raildroad
LIVERPOOL AND MANCHESTER (1829)
– the second railroad
GEORGE STEPHENSON (1814)
– made the first fully developed trains
BALTIMORE AND OHIO RAILROAD CO (1826)
– the 1st American railroad
STEAMBOAT – boat with steam engine
ROBERT FULTON’S CLAREMONT
- made the first journey on 1807 at the Hudson River, the first steamboat appeared on 1811

EVOLUTION OF MOTOR VEHICLES

▪ Steam Engine - was perfected in the 1760's by James Watt.
▪ Jacques Perier - built an steamboat in 1775. Robert Fulton launched the steamboat Clermont on the Hudson
River in 1807.
▪ JOHN PALMER - He introduced fast mail coach in March of 1785 and by 1800, the English coach was in full
swing.
THE INVENTION OF BICYCLE
Bicycle – a transportation made by series of connected tubes, one pair of pneumonic wheel, pedal system and steering
handle used in 1818.
Dandy Horse – the first bicycle without a pedal system.
Star Bicycle – bicycle with open pair of wheels, one large front wheel and a small one at the rear
Tandem Bicycle -used by several persons; both wheels are of equal size.
Karl Von Drias -the German Baron in 1817 introduced a steerable wheel, creating “draisienne” of “dandy horse.”
KirkPatrick Macmillan – Scottish blacksmith, in 1838, made the first machine with pedals, which were attached to
and drove the rear wheel by means of cranks.
Pneumatic Tires – (inflated by air) invented by a Scottish inventor, named John Boyd Dunlop appeared in late 19th
century about 1888.
Jean Joseph Etienne Lenoir – a Frenchman, who made possible the introduction of motorized carriages by his
invention of the “INTERNAL COMBUSTION ENGINE” in the 1860’s and 70’s.
Nicolaus Otto and Gottlieb Daimler – they pioneered the manufacture of gas engines, and later they became
successful automobile manufacturer.
Rudolf Diesel – a German engineer, developed an internal combustion engine which is similar with the gasoline
engine but requires no electrical ignition system or carburetor and uses other form of liquid fuel, the diesel fuel.
TRAFFIC

- It refers to the movement of persons, goods, or vehicles, either powered by combustion system or animal drawn
vehicle, from one place to another for the purpose of safe travel.
- It is movement of vehicles, people from point of origin to the point of destination.
- It is a movement of traffic unit in a traffic way.
- It is also applied with the movement of other vehicles, as well as persons, goods or even messages and articles.

ETYMOLOGY OF TRAFFIC
- Originally meant “trade”
- It originates from Greco-Roman word “TRAFICO” with reference to the movement of people.
- The Greek originally called the system as “TRAFIGA”
- There is no dispute that trafico is Greco-Roman word, but the word traffic was crafted from Famous "TRAFALGAR
SQUARE"

Traffic Management

- It is an executive function such as planning, organizing, and directing, supervising, coordinating, operating,
recording budgeting traffic affairs.
- It also refers to the activities undertaken by a highway transportation agency to improve roadway system safety,
efficiency, and effectiveness for both providers and consumers of transportation services.

DEFINITION OF TERMS

▪ MANAGEMENT - Refers to the skillful use of means to accomplish purpose.

▪ OPERATION - Pertains to a cause or series of acts to effect certain purpose, manner of action; or a vital or
natural process of activity.
▪ ROADWAY – refers to that part of the traffic way over which motor vehicles pass. For purposes of
construction, repair, and/or maintenance, roads are classified as:
▪ SHOULDER – it refers to either side of the roadway, especially along highways.
▪ SIDEWALK - it refers to the paved walkway along the side of a street.

RED NOTES 2022 14

 ▪ THROUGH HIGHWAY – it means every highway or portion thereof on which vehicular traffic is given the
right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience to either an authorized stop sign or a
yield sign, or other official traffic-control device.
▪ THRUWAY OR THROUGHWAY – it is a highway that has limited entrances and exits such as the
expressways, freeways, or motorways.
▪ TRAFFIC WAY – refers to the entire width between boundary lines of every way or place of which any part
is open to the use of the public for purposes of vehicular traffic as a matter of right or custom.

MAJOR CAUSES OF TRAFFIC CONGESTION

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

SPECIFIC TRAFFIC PROBLEMS

1. Traffic Build-up -It is characterized by the gradual increasing of traffic users in a given portion of the highway or
traffic way.
2. Traffic Congestions - These are conditions on road networks that occurs as use increases, and is characterized
by slower speeds, longer trip times and increased vehicular queueing.
3. Traffic Jams (snarl-up) - These are situations in highways in which the movement of traffic users (MVS and
pedestrians) is very slow or stationary.
4. Bottlenecks - These are narrow points or areas in highways where traffic congestions or traffic jams usually occur
or traffic may be held up.
5. Gridlocks - A state or condition of severe road congestion arising when continuous queues of vehicles block an
entire network of intersecting streets bringing traffic in all directions to a complete standstill.
6. Accidents - These are events or incidents which may cause unintentional damage to property, loss of limbs, and
or death.
7. Collisions - These are incidents or instances of one moving traffic unit or person striking violently against another.

AGENCIES INVOLVED IN TRAFFIC MANAGEMENT

1. DOTC - The DOTC through Land Transportation Office (LTO) is responsible for the implementation of R.A. 4136
particularly on the issuance of driver's licenses, registration of motor vehicles, approval of franchises for public
conveyances (through LTFRB), and conducting safety seminars.
2. City or Municipal Engineer's Office - In the local level, these offices are responsible for the planning, construction
and maintenance of traffic facilities.
3. DPWH - The main executive department which is responsible for the planning, construction and maintenance of
traffic facilities particularly those categorized as national highways and other major road arteries.
4. Legislative (Congress/ City or Municipal Board) - The legislative bodies are not only responsible for the passing
or amendment of laws concerning traffic but also they are involved in planning and approval of government projects.
5. PNP - The PNP through Highway Patrol Group (HPG) is responsible primarily for direct enforcement of traffic laws,
rules and regulations.
6. Local Traffic Management Bureaus - offices under the supervision of city/ municipal mayors with the primary
task of assisting the local PNP traffic divisions/ units in the enforcement of traffic ordinances/ laws.
7. Academic Institutions - Schools both public and private, are responsible for the basic traffic education.
8. Courts - The courts are responsible for the adjudication of traffic-related cases filed before them.
9. Public Information Office - provides the necessary updated information to the public by creating traffic safety
campaigns and other activities relating to traffic.
10. Barangay – Brgy. Tanods or Brgy. Security forces are the usual traffic control officers in their respective localities
particularly during emergencies.
11. Citizen Support Groups - The private institutions or organizations also help in the prevention of traffic congestion
by assisting government offices in various activities particularly during special occasions and holidays where traffic
problem is likely to happen.
12. Tri-Media- Government and privately-owned publications, and radio and television broadcasting companies
provide necessary and updated traffic-related information the public through their respective programs.

FIVE PILLARS OF TRAFFIC MANAGEMENT

GENERAL PILLARS

1. ENFORCEMENT (of traffic rules)

- the action taken by the police, such as arresting, issuing traffic citation ticket and providing warning to the
erring driver for the purpose of deterring and discouraging and or preventing such violations.
2. EDUCATION (in traffic safety)

RED NOTES 2022 15

- refers to any act or process of imparting or acquiring general knowledge in traffic or any matters relating to
the use of the traffic way or road ways.
3. ENGINEERING (traffic engineering)
- the science of measuring traffic and travel, the study of basic laws relative to the traffic law and generation
- the application of these knowledge to the professional practice of planning, deciding, and operating traffic
system to achieve safe and efficient transportation of persons and goods.

SUBSIDIARY PILLARS
4. ECOLOGY/ ENVIRONMENT
- the study of potentially disastrous population explosion, changes in urban environment due to the scale and
density of new urban concentration and new activities carried out, air pollution, water pollution and crowding, transport
congestion which result therein.
5. ECONOMY
- is the study of how people choose to use scarce or limited productive resources to produce commodities and
distribute them for their consumption.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

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

AGENCIES INVOLVED IN TRAFFIC EDUCATION

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

AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

a. Land Transportation Office (LTO) -This office is responsible for the following:

(1) Vehicle registration

(2) Vehicle inspections

(3) Drivers licensing (examinations, suspensions, and revocations)

(4) Public to police on stolen or wanted vehicles.

b. Legislative Bodies - Included are the Congress, Provincial Boards, and City and Municipal Councils. They are
responsible for the passing and/or amending of laws and/or ordinances.

c. Police Traffic Enforcement - This pillar is not limited to the PNP-HPG (formerly TMG) but it includes all government
personnel who are duly authorized for the direct enforcement of traffic laws such as:

(1) The Metropolitan Manila Development Authority (MMDA) for the National Capital Region (NCR).

(2) Police/Traffic Auxiliaries

(3) LTO Law Enforcement Services/Flying Squad.

TRAFFIC EDUCATION

Traffic Safety Education

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

Road Safety - It refers to reduced risk of accident or injury on the roads, achieved through multi- disciplinary
approaches involving road engineering and traffic management, education and training of road users, and vehicle
design.

TRIPOD OF ROAD SAFETY

1. Man Component
2. Engine Component
3. Environment

FACTORS CONTRIBUTING TO ACCIDENTS

▪ Human Errors
a. going too fast or excessive speed;
b. failing to give at junctions;
c. following too closely;
d. overtaking improperly;
e. misperceiving or misjudging the road situation ahead;

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 f. intoxication of alcohol or drug; and
g. lack of skill
▪ Road Deficiencies
a. poor design of layout and control at junctions;
b. inadequate signing, road marking, and lighting;
C. slippery roads; and
d. obstructions on the road such as parked vehicle, ongoing road construction, etc.
▪ Main Vehicle Factors
a. Defects in tires, brakes, and lights;
b. absence or non-using of seat belts; and
c. poorly maintained motor vehicles.

THE BIORHYTHM - It is a theory, which asserts that man exhibits constant variation of life energy and mood states.
Man's theorized cycles and interpretations rhythm is peculiar characteristics of most natural phenomena, some
examples of which are:
• diurnal exchange of light and darkness
• The four season
• Our wet and dry season.
• The waxing of the moon

The Biorhythm Cycle

1. 23 days of physical cycle – is also known as cycle of our strength, endurance and courage (the male component
of a person)
2. 28 days of emotional cycle – also known as the cycle of our sensitivity, love and intuition (the female
component of a person)
3. 33 days of intellectual cycle - is related to thinking, analyzing, judgment, concentration, composition and etc.

All these cycles are present at the time we are born. When the curve is above the center line, the biorhythm
value is said to be “HIGH” or a person has more energy to spare. When the curve is below the center line, the
biorhythm is said to be “LOW” or in a recharged period.

The High State The Low State

1. Physically high 1. Physically low

- people are energetic, strong and agile - people tend to be tired and succumb to sickness
2. Emotionally high 2. Emotionally low
- people are creative, artistic and happy - people are moody, irritable and depressed
3. Intellectually high 3. Intellectually low
- people think quickly and logically - people find it difficult to think logically and lacks
coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

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

DUTY TO HAVE LICENSE

Chapter III, Art. I, Sec.19 of RA 4136
Except as otherwise specifically provided in this Act, it shall be unlawful for any person to operate any motor
vehicle without having in his possession a valid license to drive a motor vehicle.

Tourists and similar transients:

May be allowed to operate motor vehicle during but not after 90 days of their sojourn in the Philippines.

LICENSING PROCEDURE:

• Age Requirement
• Be able to read and write (English and Filipino or any local dialect)
• Physically fit and mentally fit to drive motor vehicle
• Clinically free from contagious diseases

KINDS OF DRIVING PRIVILEGES/DRIVER’S LICENSE

1. Student Driver's Permit

• Birth Certificate
• Payments receipts for corresponding fees.
• At least 16 years of age
• validity is one year non-renewable
• After 30 days or 1 month he is eligible to apply for Non-Professional Driver's License

RED NOTES 2022 17

 • 5 months in case for Professional Driver's License.

2. Non-Professional Driver's License

• At least 17 years of age
• Must pass the practical and written test given by the LTO
• For new applicant he must be a holder of Student Driver's Permit of not less than 30 days
• Non-renewal for 2 years shall subject the applicant to a written examination.
Validity: 10 years (Effective: 28, October 2021 in line with the provisions of Republic Act (RA) No. 10930 which
amended the Land Transportation and Traffic Code.)

3. Professional Driver's License

• At least 18 years' old
• Holder of Student Driver's Permit for at least 5 months (for new applicants)
• Non-renewal for 2 years shall subject the applicant to a written examination.
Restriction: The type of category of authorized to drive is indicated on the face of the license.
Validity: 10 years (Effective: 28, October 2021 in line with the provisions of Republic Act (RA) No. 10930 which
amended the Land Transportation and Traffic Code.)

Note: Under Republic Act No. 10930 which amended the Land Transportation and Traffic Code, the new licenses
that are valid for 10 years will be given to all driver’s license holders who do not have any traffic
violations on file. Those with traffic violations recorded during the validity of their expired licenses, will be
issued renewed licenses that are only valid for five (5) years.

SPECIAL TYPE OF DRIVER'S LICENSE

1. International Driver's License - it is issued for special purpose and issued by Philippine Motor Association
(PMA) now known as Automobile Association of the Philippines (AAP). - this kind of license is also issued to
foreigner or tourist
• Filipino (Must be a holder of domestic driver's license).
• Tourist (with foreign driver’s license issued by their country)
Restriction: Filipino holder of this kind of license must carry with him the valid local driver’s license.
Validity: Indicated on its face and recognize in countries signatory to the Geneva Convention

2. Military/Government Driver’s License – issued by the agency for limited and special purpose.
- Issuance was made by the Armed Forces of the Philippines but the holder must pass all the test and
examination in compliance with the rules and regulations thereof.
Restriction: The holder must be a Military personnel and authorized to drive a military vehicle only.
Validity: 3 years

DRIVER’S DUTIES
- The license shall be carried by the driver at all times when operating a motor vehicle, and shall be shown and/ or
surrendered for cause and upon demand to any person with authority.

DUTIES OF DRIVER IN CASE OF ACCIDENTS

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

EXCEPTIONS TO THE PRECEEDING TOPIC

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

DRIVER’S RESTRICTION CODE

1. Restriction Code No. 1 - limited to drive Motorcycle or Motorized Tricycles

2. Restriction Code No. 2 - limited to drive vehicle weighing not more than 4,500 kgs.
3. Restriction Code No. 3 - limited to drive vehicles weighing more than 4,500 kgs.
4. Restriction Code No. 4 – limited to drive MV with automatic clutch and with a total gross weight of not
more than 4,500kgs.
5. Restriction Code No. 5 - limited to drive vehicle with automatic clutch and weighing more than 4500 kgs
6. Restriction Code No. 6 – Articulated MV with a total GSW (Gross Vehicle Weight) of 1600kgs & below
7. Restriction No. 7 – Articulated Vehicle with a total gross weight of more than 1600kgs but not more than
4,500kgs.
8. Restriction No. 8 – Articulated Vehicle with a total gross weight of more than 4,500 kgs.

DRIVER’S LICENSE CONDITIONS

• Wear eye glasses
• Drive only with special equipment for upper limbs
• Drive only with special equipment for lower limbs
• Daylight driving only
• Accompanied by a person with normal hearing

TYPES OF DRIVER

RED NOTES 2022 18

 1. EGOTIST - They are self-centered and not learned how to be unselfish. They have not learned how to
share. They are good examples of the perfect egotist. The egotist thinks the world revolves around him.

The Egotist Driving Attitude

• Pulling out of line to the confusion of others.

• Stopping or making turns without signaling.
• Making turns from improper traffic lanes.
• Cutting in too closely after passing.
• Not staying on his own side of the road or in his traffic lane.
• Boasting of breaking traffic laws.
• Acting as though accidents happen only to others.
• "Chiseling in," out of turn.
• Demanding the right-of-way.
• Using influence and "pull" for ticket fixing.
• Parking double, for his own convenience.
• Parking his car so that it occupies almost two parking spaces.
• Pulling out from the curb without signaling or looking for approaching cars.
2. Show-off - Like the egotist, the show-off discloses that he has never properly grown up. He has never
managed, no matter what his age, to get both feet on the ground and to see himself in his proper place
among other men and women. He is like the child who enjoys dangling his lolly-pop in other children's
faces! He is competitive and boastful. Often he is suffering from a sense of inferiority which he is covering
up by trying to appear superior. He doesn't stop to realize how ridiculous he looks to others.

The Show-off Driver Practices the following

• Driving too fast for conditions.

• Driving more recklessly the larger his audience.
• Creating near emergencies to prove that he can get out of them.
• Boasting of his car's speed and power and of his own skill.
• Boasting of the time he makes between places
• Acting more for showmanship than for sportsmanship
• Passing other cars at risky places and talking about his luck.
• Painting his car with “loud" colors and smart remarks or plastering it with stickers.
• Being ready to prove he can "stop on a dime."
• Being ready to take a chance or to "try anything once."
• Being willing to turn the highway into a race track.
• Boasting that he can drive just as well after a drink or two.
• Always taking a dare.
• Passing red lights and stop signs with an air of bravado
• Trying to give the impression that he drives like "a man who has been around a lot."
3. Over-Emotional - They take the slightest criticism as a personal offense. They whine and sulk and become
resentful. Unimportant trifles seem big to them. Their emotional development has been stunted. They are
called “unstable," because they cannot be depended on.

Over-emotional Driver Characterized the ff.

• Lack of presence of mind in emergencies.

• Get "upset" over trifles, or are nervous in unusual situations.
• Lose their temper and, consequently, their judgment
• Express anger by driving recklessly.
• Show impatience in traffic jams and start irrational horn-blowing.
• Flash their lights in the eyes of oncoming drivers.
• Are easily distracted from the main business of driving
• Talk loud, or use profanity.
• Call traffic officers by abusive names.
• Resort to boorish crowding and pushing others out of their lanes.
4. Rationalizer - They never learned to face facts squarely. They find it easy to see a thing the way they want
to see it, rather than the way it really is. They will not admit their own faults. If involved in an accident, they
blame the driver of another car, the traffic regulations, the road, a "backseat" driver, their own car - anyone
and anything but themselves. They lack courage to admit their own faults. They are clever at finding plausible-
sounding arguments to excuse everything even though obviously wrong.
5. Thwarted
• They do absurd things to compensate or make up
• For failure. There is a strong desire for them to be masterful, to achieve something, to assert himself
and display their power. circumstances prevent them from showing mastery in one situation, they try to
show it in another . They are like unimportant fellow look for a chance to appear powerful.

Thwarted Drivers Characterized the following:

• Insisting on the right-of-way.

RED NOTES 2022 19

 • Arguing a traffic point endlessly.
• Talking "big" to traffic officers and other drivers.
• Showing the road practices of the egotist.
• Bullying other drivers and pedestrians.
• "Giving his dust" to smaller or older cars.
• Edging in to cheat someone out of a parking space.
• Making pedestrians scramble to safety
• Not moving over when another driver signals he wants to pass.
• "Getting even" with drivers who pass him.

6. Top Notch Driver - From a psychological point of view, the top notch drivers have not only motor skill, but
balance and self-control. They have good social attitudes. They show good adjustment and maturity.

Top-Notch Drivers Characterized the following:

• Acceptance of responsibility
• Self-control
• Good sportsmanship
• Forethought Controlled attention
• Good Judgment
• Good sense of humor

BEHAVIORAL LEVEL OF INTOXICATED DRIVER (Measurement of Blood Alcohol Level)

• .05% or less the driver is presumed not under the influence of intoxicating liquor
• Between .08% to .15% driver apparently lack of mental control
• Between .18% to .25% the driver’s behavioral attributes become patently ominous, laughing,
uncoordinated walking, slur speech, and visibility is blurred
• Between .38% to .50% the average person is physically insensible, as if in a comma or trance
• Between .40% to .50% the person is numb, paralyzed as if anesthetized
• Level .50% the average person is seemingly dead but other can still drive but dangerously

THE CONDUCTOR –
The conductor is responsible for the loading of number of passengers, freight or cargo inside his public utility motor
vehicle.

- He shall be held exclusively liable if he allows more passengers or more freight or cargo in his public utility vehicle.

THE PASSENGER - Is a person who is carried or conveyed in an automobile, truck, train, airplane or other conveyance.

WHO IS A PASSENGER?

• A passenger is one who entered into a contract of carriage express or implied with a carrier.
• The presence or absence of money or a ticket is however not important as long as entrance to the vehicle is
made.
• One who had stepped on any parts of the vehicle regardless of whether or not he has already purchased a
ticket.

THE PEDESTRIAN - is one who goes or travel on foot or in a perambulator. He is bound to observe or obey rules the
existing traffic management and regulations for his safety.

PEDESTRIAN CROSSING (PEDXING)

• A driver approaching a pedestrian crossing shall travel at such a speed that he will be able to stop his vehicle
before reaching the pedestrian crossing.
• A driver shall give way to any pedestrian who is on pedestrian crossing.
• A driver shall not permit any portion of his vehicle to enter upon a pedestrian crossing even if any vehicle
headed in the same direction is stopped on the approach side of, or upon the pedestrian crossing.

DUTIES OF THE PEDESTRIAN

• When on a footway, marked cross-walk, or pedestrian crossing, shall keep as close as practicable to the right
side of the footway.
• When crossing a thoroughfare at an intersection shall keep right of pedestrian crossing in the opposite
direction.
• When crossing a thoroughfare or portion of a thoroughfare shall do promptly by shortest route and most
direct route, as my be practicable, to the thoroughfare boundary.

RESTRICTION ON PEDESTRIAN

• While waiting a vehicle, standing on any portion of the road.

• Proceed from footway towards a vehicle that has not fully stopped for the purpose of boarding it.
• Alight from or boarding a moving vehicle, or do so to an area where loading and unloading is prohibited.

RED NOTES 2022 20

 • Remain on a pedestrian crossing, or marked cross-walk longer than necessary for the purpose of passing
over the thoroughfare with reasonable dispatch.
• Stand up at a footway thoroughfare so as to inconvenience, obstruct, hinder or prevent the free passage
of any other pedestrian or any vehicle.

SOME OF TRAFFIC LAWS, RULES AND REGULATIONS SOURCES:

R.A. 4136 "Land Transportation and Traffic Code" dated June 20, 1964 .

R.A. 5448 - Act imposing a tax on privately owned passenger automobiles, motorcycles and scooters, and a science
stamp tax, to constitute a special science fund defining the programs, projects and activities of science agencies to be
financed therefrom and for other purposes.

R.A. 8749 "Clean Air Act"- regulates emission of toxic gases of both gasoline and diesel engines and bans the use of
leaded gas for gasoline engines.

R.A. 8750 "Seat Belts Use Act of 1999" - It provides for the attachment of seat belts for all types of motor vehicles
and imposes penalty for the non- compliance thereof.

R.A. 7924 - The Act creating the Metropolitan Development Authority, defining its powers and functions, providing
funds therefor and for other purposes.

R.A. 8794 – the Act imposing penalties on overload vehicles.

R.A. 10586 "Anti-Drunk and Drugged Driving Act of 2013" - An Act penalizing persons driving under the influence of
alcohol, dangerous drugs, and similar substances, and for other purposes. It also repealed the mandatory drug testing
of driver's license applicants.

R.A. 6539 "Anti-Carnapping Act of 1972" The act preventing and penalizing carnapping

Republic Act No. 10883 “New Anti-Carnapping Act of 2016” (RA 10883) is a law which punishes carnapping in the
Philippines.

For purposes of knowing what carnapping is, one must be able to know what motor vehicle is, in the first place. As
defined under this law, motor vehicle refers to any vehicle propelled by any power other than muscular power using
the public highways.

Note that the following are not embraced in the definition of a motor vehicle under the law and thus cannot be the
subject of carnapping, to wit:

• road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public highways;
• vehicles which run only on rails or tracks; and
• tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes

RA 10883 punishes the crime of carnapping which refers to 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 things.

The Supreme Court has ruled in the case of People of the Philippines vs. Garcia and Bernabe, G.R. No. 138470, 1 April
2003, that it does not matter if the person from whom the motor vehicle was taken is not the owner thereof. What is
simply required is that the property taken does not belong to the offender.

Penalty for Carnapping

Just like any other serious crime, any person who is found guilty of carnapping shall, regardless of the value of the
motor vehicle taken, be punished by imprisonment.

When the carnapping is committed without violence against or intimidation of persons, or force upon things, the
imprisonment shall be for a period not less than twenty (20) years and one (1) day but not more than thirty (30) years.

When the carnapping is committed by means of violence against or intimidation of persons, or force upon things, the
imprisonment shall be for a period not less than thirty (30) years and one (1) day but not more than forty (40) years.

Take note that when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission
of the carnapping, the penalty of life imprisonment shall be imposed.

Concealment of carnapping shall also be punishable under the new law. Any person guilty of concealment of carnapping
shall be imprisoned for six (6) years up to twelve (12) years and fined equal to the amount of the acquisition cost of
the motor vehicle, motor vehicle engine, or any other part involved in the violation.

If Violator is a Juridical Person or Public Official or Foreign National

If the person violating any provision of this Act is a juridical person, the penalty shall be imposed on its president,
secretary, and/or members of the board of directors or any of its officers and employees who may have directly
participated in the violation.

RED NOTES 2022 21

Any public official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence
of duty or connives with or permits the commission of any of the said unlawful acts shall, in addition to the penalty
stated above, be dismissed from the service, and his/her benefits forfeited and shall be permanently disqualified from
holding public office.

Foreign nationals convicted under the provisions of this Act shall be deported immediately after service of sentence
without further proceedings by the Bureau of Immigration.

Is carnapping bailable?

The right to bail can be availed of provided the evidence of guilt is not strong. Bail shall be denied when the evidence
of guilt is strong in the following instances:

• when charged with carnapping;

• when the crime of carnapping is committed by criminal groups, gangs or syndicates
• when carnapping is committed by means of violence or intimidation of any person or persons or forced upon
things
• when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of
the carnapping.

TRAFFIC ENGINEERING ROAD CLASSIFICATIONS

6. According to political subdivision:

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

SPEED LIMIT AND OTHER RULES ON SPEED

Art. I, Chapter IV of R.A. 4136 Sec. 35: Restriction as to speed

(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed,
not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the
highway, and of any other condition then and there existing; and no person shall drive any motor vehicle
upon a highway at such speed as to endanger the life, limb and property of any person, nor at a speed
greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

MAXIMUM ALLOWABLE SPEEDS

Passenger Motor Trucks

Cars and and Buses
Motorcycles

1. On open country roads, with no “blinds corners” not closely bordered 80km/hour 50km/hour
by habitations.

2. On “through streets” or boulevards, clear of traffic, with no ” blind 40km/hour 30km/hour

corners,” when so designated.

3. On city and municipal streets, with light traffic, when not designated 30km/hour 30km/hour
“through streets.”

RED NOTES 2022 22

 4. Through crowded streets, approaching intersections at “blind corners,” 20km/hour 20km/hour
passing school zones, passing other vehicles which are stationary, or
for similar dangerous circumstances.

EXCEPTION TO THE SPEED LIMIT

Emergency Vehicles:

1. Vehicle with physician

2. Ambulance on emergency call
3. Vehicle with wounded or sick person
4. AFP/ PNP vehicle on official call
5. Vehicle in pursuit of criminals
6. A police or fire on call

TRAFFIC SIGNS - any device mounted on a portable support whereby a message is conveyed by means of words or
symbols officially installed for the purpose of regulating, warning, or guiding traffic.

Functions:
1. To control traffic
2. To safeguard the flow of traffic
3. To expedite traffic
4. To guide traffic and motorists

Classification of International Signs

1. Danger Warning Signs - also known as "caution signs". These signs have equilateral triangular shape with one
side horizontal and having red borders.
a. Warn motorist of approaching hazardous road conditions.
b. seek caution for the approaching road hazards.
c. call the reduction of speed.

SHAPE: Equilateral Triangle with one side horizontal

COLOR BORDER: Red
BACKGROUND: White
SIGN/MARKING: Black

2. Regulatory Signs - These are signs which impose legal restrictions applicable at particular location usually
enforceable in the absence of such signs.
a. inform road users of certain laws and regulations and
b. special obligations, instructions, or prohibitions which must comply with and violations of which
constitute misdemeanor.

Subdivisions:
Prohibitive signs and restrictive signs – used on specified section of the road which will be easily seen by motorist
to indicate regulation which is prohibitive or restrictive in nature.
SHAPE: Round
COLOR BORDER: Red
BACKGROUND: White
SIGNS/MARKINGS: Black
Mandatory signs- intended to notify the road users of special rules in which they must comply for the safety
convenience and smooth flow of traffic.
SHAPE: Round
COLOR: Blue
Sign/Markings: White

3. Informative Signs - These signs are also known as "guide Signs", or "direction signs." The rectangular shape
white-colored blue background is used for informative signs. Green background is usually used for route markers
and destination signs.
a. Guide motorists along established routes,
b. informs the motorists of the proper roads, and
c. help motorists along the way in the most simple and direct method

SHAPE: Rectangle
COLORS: Blue or Green
SIGN/MARKINGS: White

THE TRAFFIC SIGNAL LIGHTS

- These refer to any power operated traffic control device by which is warned or directed to takes some specific
actions.

RED NOTES 2022 23

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

TRAFFIC SIGNAL PHASING

Traffic Phase (Split Phase) - any traffic signal display with its own set of timing that controls an individual vehicle
or pedestrian movement.

Phase Set - any unique combination of vehicle or pedestrian phases occur at the same time. Signal Cycle is one
complete set of signal phase sets. a complete sequence of signal indication of red, yellow, green or any combination
of the phase.

Cycle Length - the time to complete one cycle Interval - is a duration of time during which the signal indications do
not change.

Offset - Number of seconds or number of cycle that the start of green interval appears at a given traffic control signal
after a certain use as a time.

IMPORTANTS PROVIONS OF R.A. 4136

Words and Phrases Used in R.A. 4136

• Motor Vehicle shall mean any vehicle propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, street- sweepers, sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes if not used in public highways, vehicles which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.
• Vehicle - is any conveyance in or by which people are transported from one place to another.
• Trailer - having any number of wheels, when propelled or intended to be propelled by attachment to a motor
vehicle shall be classified as separate motor vehicle with no power rating.
• Articulated Vehicle – shall mean any motor vehicle with a trailer having no front axle and so attached that
part of the trailer rests upon the motor vehicle and a substantial part of the weight of the trailer and of its
load is borne by the motor vehicle. Such trailer shall be called as "semi-trailer.”
• Passenger Automobile Shall mean all pneumatic tire vehicles of types similar to those usually known under
the following terms: touring car coupe cabriolet command car landaulet speedster closed car sports car
limousine road star sedan cycle car (except motor wheel and similar small outfits which are classified with
motorcycles)

REQUIRED MOTOR VEHICLE ACCESSORIES

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

CLASSIFICATION OF MOTOR VEHICLE

1. Private - MV's which are used for personal purpose of their Owner (white color background with green
markings)

2. Public Utility Vehicle – These are registered primarily for the conveyance of passengers and other
commercial goods. (Yellow color background with black markings)

3. Government - These are motor vehicles owned by government offices and are used for official purposes
only. (White color background with red markings)

RED NOTES 2022 24

 4. Diplomatic - these are issued to foreign diplomats and consuls assigned in the Philippines; white color
background with blue markings)

GEOGRAPHICAL DESIGNATIONS OF PLATE NUMBER

- Geographical designations of registered motor vehicles can be determined by the beginning letter.

“A” – Region 1 (Ilocos) and (CAR)

“B” – Region 2 (Cagayan Valley)
“C” – Region 3 (Central Luzon), Superseded by “R” in 2003
“D” – Region 4-A (CALABARZON) and 4-B (MIMAROPA), superseded by “V” in 2000
“E” – Region 5 (Bicol Region)
“F” – Region 6 (Western Visayas)
“G” – Region 7 (Central Visayas), Supersed by “Y” in 2004
“H” – Region 8 (Eastern Visayas)
“J” – Region 9 (Zamboanga Peninsula) and ARMM
“K” - Region 10/13(Northern Mindanao and CARAGA.
“L” – Region 11 ( Davao Region)
“M’ – Region 12 (SOCCSKSARGEN)
"N"- NCR, 1981–1982, 2009–2010 (with increments of "I", "O", and "Q")
"P" - National Capital Region, 1982–1991, 2010–2011 (with increments of "I", "O", and "Q")
"R" - Region III (Central Luzon Region), overflow Series for Private since 2003
"S" - Government-owned (Red Plate) Vehicles
"T" - National Capital Region, 1991-1995, 2011-2012 (with increments of "I", "O", and "Q")
"U" - National Capital Region, 1995-1997, 2012-present (with increments of "I", "O", and "Q") "V" - Regions IV-A
(CALABARZON) and IV-B (MIMAROPA), overflow Series for private since 2000
"W"- National Capital Region, 1997–2001
"X" - National Capital Region, 2001-2005
"Y" - Region VII (Central Visayas Region), overflow series for Private since 2004
"Z" - National Capital Region, 2005–2009

Schedule of Registration - Registration of motor vehicles should be done annually which follows the numerical
suffixes of their plate numbers.

TABLE 1

MONTHLY SCHEDULE IS BASED ON THE LAST DIGIT OF THE PLATE NUMBER

LAST DIGIT OF THE PLATE NUMBER

(Monthly Schedule)

1 – Jan

2- Feb

3- Mar

4- Apr

5- May

6 – Jun

7- Jul

8 – Aug

9 – Sep

0 – Oct

Note: Vehicles may be registered one

month in advance

RED NOTES 2022 25

 TABLE 2

WEEKLY SCHEDULE IS BASED ON THE 2ND TO THE LAST DIGIT OF THE PLATE NUMBER

2ND TO THE LAST DIGIT OF THE PLATE NUMBER SCHEDULE / WEEKLY DEADLINE

1 2 3 1ST TO THE 7TH DAY OF THE MONTH

4 5 6 8TH TO THE 14TH DAY OF THE MONTH

7 8 15TH TO THE 21ST DAY OF THE MONTH

9 0 22ND TO THE LAST DAY OF THE MONTH

Example: Plate Number - TNG 984

The above motor vehicle shall be registered in April every year because the last digit is "4" and the day of registration
falls in April 15-21 since the second to the last digit is "8".

PROTOCOL PLATE NUMBER

1- President
2- Vice President
3- Senate President
4- Speaker of the House of Representatives
5- Chief Justice
6- Cabinet Secretaries
7- Senators
8- Representatives (Congressman)
9- Associate Justice of the Supreme Court
10- Presiding Justice and other Justices of the Court of Appeals, Solicitor-General (OSG formerly 13)
11- Chairman of the Commission on Elections
12- Cabinet Undersecretary
13- Currently - None
14- Chief of Staff of the AFP and Chief PNP
15- Regional Trial Court Judges
16- First Level Courts (MTC, Municipal Trial Court, Municipal Trial Court in Cities and Shari'ah Circuit Courts)

TEN COMMANDEMENTS OF TRAFFIC

1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the fast lane and the slow lane
is the right.
2. OBSERVE ROAD COURTESY- yield to emergency vehicle, pedestrians, trains, vehicle with right of way,
vehicles ahead, large vehicles, uphill traffic, vehicles with momentum, straight traffic, and traffic signs.

RIGHT OF WAY RULE

- the right to proceed ahead of another vehicle or pedestrian.

1. Intersection- when two or more vehicle is entering an intersection the one on the left will give way to the
right vehicle.
2. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas the movement of
vehicles is regulated by a police officer.
3. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing to an
intersection. If there is no hazard the driver may slowdown to 5mph.
4. Police /emergency vehicle- all drivers should yield to emergency vehicle except as directed by traffic
enforcer. Fire trucks are accepted to speed limit but they are prohibited to have unnecessary speed.
5. From private road to highway- vehicle from private road must yield to that on a highway.

First Time Vehicle Rule

- At all intersections without "stop" or "yield" signs, slow down and prepare to stop. Yield to vehicles already in
the intersection or about to enter it.

Same Time Vehicle Rule

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

3. PROHIBITED PARKING
Places where parking is prohibited:

RED NOTES 2022 26

 1. Near an intersection
2. Crosswalk/ pedestrian lane
3. Within 6 meters from drive way of any response installation, fire hydrant and private roads
4. Double parking
5. Sidewalks, alleys, foot of the bridge
6. Places wherein official signs are posted

4. WHEN IN DOUBT, DO NOT OVERTAKE.

- overtaking lane is the lane to the left of overtaken vehicle going in the same direction, overtaken vehicle is
the privileged vehicle

CONSIDER THESE IF YOU OVERTAKE:

1. Signal the intention.

2. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient distance to facilitate
proper overtake.
3. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep his lane, maintain
speed and yield to overtaking vehicle.
4. He shall increase his speed until the overtaken vehicle has cleared the way
5. In a two lanes, on a divided roadway, they may use either of the lanes.
6. In an expressway with fast and slow lanes, on a divided roadway, they may use either of the lanes.
7. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection and between
construction and caution.

5. THE BUS STOP RULE

1. The buses queue up in a single file in their order arrival.

2. Lead bus moving toward the center of column of buses lining on the bus stop zone, and remain until zone is
filled with buses, but longer than three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS

- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking. In a construction, vehicles
should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES

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

8. THE PHILOSOPHY OF PINOY DRIVER

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

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

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

TRAFFIC LAW ENFORCEMENT

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

TRAFFIC LAW ENFORCER

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

POLICE TRAFFIC LAW ENFORCEMENT

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

COURT TRAFFIC LAW ENFORCEMENT

- the performed by the court through adjudication and penalization

FIVE ESSENTIAL STEPS IN THE ENFORCEMENT PROCESS

1. DETECTION - wholly police activity and entails looking for defects in the behavior motorist, pedestrian,
vehicle, equipment and roadway condition.
2. APPREHENSION - a police responsibility wherein the police are required action to prevent continued and
future violation.
3. PROSECUTION - it is a court function, the police also provides corresponding influence through preparation
and introduction of evidence or close contact with the prosecution office.

RED NOTES 2022 27

 4. ADJUDICATION - it is court function, the police provides influence on this step by as a witness to the
prosecution by supplying additional evidence. It determines the guilt or innocence of the accused.
5. PENALIZATION - the imposition of penalty upon the accused. Penalty can be influenced by previous records
of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES

1. Increase safety level

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

ACTIVITIES OF TRAFFIC LAW ENFORCEMENT

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

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM

1. Enforcement system – consists of legislation, police, court and penalties.

2. Road user system – includes pedestrians, pedal cyclist, drivers and passengers.
3. Traffic system – composed of entire road and vehicle complex.

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

CHARACTERISTIC OF TRAFFIC LAWS

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

VIOLATIONS

- those act and omissions against traffic laws

CLASSIFICATION OF VIOLATION

1.Hazardous traffic violations that cause danger to road users. Unsafe behavior and unsafe conditions are
the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of roads.
REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS

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

POLICE TRAFFIC ENFORCEMENT ACTIONS

- these include arrest and citation of any person.

PURPOSES:

1. Prevent such violation from endangering the public and inconvenience

2. Prevent continued violation.
3. Discourage future violation.

KINDS OF ENFORCEMENT ACTIONS

1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a) the offense is serious;
b) detection is needed to avoid continued violation; and
c) there is reasonable doubt that violators may not appear in court.

2. Traffic citation - made to compel violators to appear in court in absence of arrest.

3. Traffic warning - an act reminding the driver of his violation in order for him to not do it again. No arrest
or citation is made.

TYPES OF WARNING

1. Visual warning - using gestures and signals.

RED NOTES 2022 28

 2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of verbal warning and citation.

TRAFFIC PATROL

- part of traffic supervision by patrolling to ensure public obedience

OBJECTIVES:

1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public

TYPES OF PATROL

1. Line patrol- it is assigned to a particular place.

2. Area patrol- type of patrol assigned to an area of vicinity.

TRAFFIC OBSERVATION

1. Stationary traffic observation - officer is assigned at specific place

2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. Concealed traffic observation - observer is not visible to the public

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT

1. Decision - nature of violation

2. Pursuit technique
3. Safety driving technique

STOPPING AND APPROACHING TRAFFIC VIOLATORS

1. It must be done with consideration to safety of both parties engaging.

2. Upon approaching officer must be from the left side from the rear, be alert.

TRAFFIC ROAD CHECK

- It is done to inspect the following:

1. Faulty vehicle equipment

2. Registration and licensing procedure
3. Intoxication or cargo check

TYPES OF TRAFFIC CHECK

1. Faulty vehicle
2. Officer directing road check

CONSIDERATION IN ROAD CHECK

1. Minimum delay to motorist

2. Thorough checking procedure
3. Protection and safety of parties involved
4. Timing and location and frequency

OBJECTIVE IN DEALING WITH VIOLATORS

1. Immediate objective- to act against the person

2. Ultimate objective- to change the future of a person

POINTS TO REMEMBER

1. Violators are diversified

2. Conflicts arises in violators
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected

TRAFFIC SUPERVISION, DIRECTION AND CONTROL

- an act of overseeing the traffic to keep order on street and highways within existing laws
POLICE WORKS

1. Accident investigation
2. Less serious offense

RED NOTES 2022 29

 3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:

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

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING PLACES:

1. Not signalized intersection

2. Signalized intersection
3. Between intersection

SUPERVISED ROUTE

- A street or highway on which traffic is supervised to some considerable degree.

POLICE TRAFFIC DIRECTION

- It involves telling the public how and when they should not stand and move

POINT/ AREA CONTROL

- It is the part of the traffic direction concerning the control of vehicular/ pedestrian movement

POLICE TRAFFIC ESCORT

- It involves mobile supervision of traffic movement, directing orally and visually are done to allow free and safe
movement of escorted vehicles.

TRAFFIC DIRECTION AND CONTROL

- It is the control direction of traffic units according to proportionate time to prevent traffic accident to maintain
smooth flow of traffic.

MEANS OF DIRECTING

1. Signaling
2. Whistling
3. Gestures

HAND SIGNAL

1. Use hand signals

2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

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

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture
B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased
C. GESTURE TO START TRAFFIC
- Stand sideways
- point your index finger toward the vehicle to start, hold it till he verified, swing your hand up to your chin
- drop and repeat the process at the opposite side

RED NOTES 2022 30

- Use it when they are slow or hesitant to move

D. RIGHT TURN GESTURES

- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign
E. LEFT TURN GESTURES
- Vehicles turn left from right, stop vehicle from right and direct vehicle to the left
- Left turn vehicle from your right, turn around and repeat the procedure above
- Street with one lane only
a. allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. semaphore signals may be used
F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL

1. Keep intersection open

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

TRAFFIC JAM

- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic enforcer and road
construction.

PROCEDURES IN TRAFFIC JAM

1. Determine the cause

2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam

RESPONSIBILITIES OF TRAFFIC ENFORCER

1. Enforce the law without fear or favor and assist public when needed
2. In an intersection, remember the following:
a. personal safety of enforcer
b. policeman’s visibility
c. visibility of officers to traffic
d. non obstruction to traffic
e. ability to effect necessary control
3. Officer shall not leave his post during tour of duty without permission from higher authority. In case personal
necessity he should notify the station.
4. Respond immediately to emergency calls and notify the station

5. Be calm and control the temper even under provoking situation

6. He should be in proper uniform

7. In apprehending issue citation, do it in one minute

FIELD SOBRIETY TEST

1. Walk on straight line

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

CHEMICAL TEST

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

RED NOTES 2022 31

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

LEGAL ACTION AGAINST DRIVER

1. Submit him to the nearest laboratory for testing

2. Impound the vehicle
3. Confiscate the license
4. Recommend the suspension of privilege
5. Sue him for violation
6. If acquitted, recommend suspension of license

TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic demands.

FUNCTIONS

1. Fact finding survey and recommendation of traffic laws

2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES

1. Achieve free and efficient and rapid flow of traffic

2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective

APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING

1. Habitually congested commercial areas

2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN

- composition of traffic stream
- traffic volume and capacity
- origin and destination

II. FACTORS INFLUENCING DESIGN

- traffic composition
- traffic volume
- vehicle speed
- movement of traffic
- performance value

III. REGULATION AND CONTROL

a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- lateral placement
- pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- one way regulation
- speed control
- curb parking control
- turning regulation
- stop rule

RED NOTES 2022 32

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES

- Compel attention

- convey simple meaning at a glance

- allowing time for response

- command respect

2. FUNDAMENTAL TRAITS

- design and outward aspect

- position and placement

- maintenance and condition, appearance and visibility

3. TYPES OF TRAFFIC CONTROL DEVICE

- traffic or road sign

- pavement markings

- traffic light

- traffic island

AIMS OF SIGNAL CONTROL

1. Reduce traffic conflict and delay

2. Reduce accident
3. Economize police time

ADVANTAGES OF SIGNAL INSTALLATION

1. Made for well ordered movement

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

PAVEMENT MARKINGS

1. Arrows point to direction

2. Straight lines mean no overtaking
3. Broken lines mean overtaking is allowed

FUNCTIONAL CLASSIFICATION OF ROADWAY

1. VEHICLES PASSES SAFELY ON
- climb lane
- overtaking lane
- acceleration lane
- turning lane
2. PART OF THE ROAD USED FOR:
a. standing lane
b. stopping lane
c. Bus stop

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

KINDS OF TRAFFIC ACCIDENTS

In the investigation of traffic accidents, it is imperative for the traffic investigator to know the kinds of accidents
occurred in order to map out the necessary activities to be done when responding and investigating.
1. MOTOR VEHICLE TRAFFIC ACCIDENT

RED NOTES 2022 33

 - any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles on a highway)
2. NON-MOTOR VEHICLE TRAFFIC ACCIDENT

- refers to any accident occurring on a traffic way involving persons using the traffic way or travel or
transportation, but not involving a motor vehicle in motion (ex. Pedestrian and a cyclist in a traffic way)
3. MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- any motor vehicle accident which occurs entirely in any place other than a traffic way (ex. Accident on a
private driveway)
4. NON- MOTOR VEHICLE NON-TRAFFIC ACCIDENT

– is any accident occurring in a private traffic way involving persons using vehicle or transportation but not
involving a motor vehicle in motion. (ex. Pedestrian and cyclist in a private road.)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT

1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the usual or unexpected
movement or condition that could be taken as a sign of an accident about to happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to escape from a collision course
or otherwise avoid a hazard
3. INITIAL CONTACT – the first accidental touching of an object collision course or otherwise avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision; the force between the traffic
unit and the object collided with are greatest at maximum engagement
5. DISENGAGEMENT – it is the separation of a traffic unit in motion from an object with which it has collided;
the force between the object ceases at this time
6. STOPPING – this is when the traffic units involved come to rest; it usually stabilizes the accident situation
7. INJURY – it is receiving bodily harm; this event does not necessarily occur after the accident but within any
of the chain of events; it may also happen right after the evasive action taken by the drivers involved or during
the initial contact

STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION

STEP 1. UPON LEARNING THE INCIDENT CHECK THE FOLLOWING

1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened

STEP 2. WHEN EMERGENCY UNDER CONTROL

1. Preliminary question to driver

- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
- lights
- gear position
- mark the position of vehicle
- look for the unusual things inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed

STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE

1. Make a test skid

2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- vehicle damages
- view obstruction
- present condition
- control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio

RED NOTES 2022 34

STEP 4. AFTER LEAVING THE SCENE

1. Get the medical report

2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators’ report
7. Reconstruct the accident
8. Complete the investigation and file it

STEP 5. IF THE CASE GOES TO COURT

1. Seek the desire of the prosecutor to strengthen the case.

2. Return to the scene of the incident to gather additional data
3. Attend the pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

IN CASE OF INJURIES:

1. Stop arterial bleeding

2. Ask for help
3. Protect the wound for exposure
4. Cordon the place

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY

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

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT

1. Running off road – this is usually characterized by a motor vehicle falling on a roadside or on a cliff along
mountainous roads.
2. Non-collision on road – this does not involve any collision.
- overturning

3. Collision on road of vehicles with the ff:

- pedestrian
- moving vehicle
- parked vehicle
- bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT

A. SIMULTANEOUS FACTORS

- Road condition
- Driver’s attitude
- Weather condition
B. SEQUENTIAL FACTORS

- Unsafe greater speed

- Defective vehicle
C. OPERATIONAL FACTOR

- Road hazard

- driver’s non compliance

D. PERCEPTION FACTOR

- driver’s inability to react promptly to a situation

- driver’s faulty action to escape collision course

Liabilities Arising From Vehicular Accident

1. Culpa Contractual – liability arising from contractual negligence or that results in a breach of a contract.

RED NOTES 2022 35

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

HIT AND RUN ACCIDENT INVESTIGATION

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

WHAT IS HIT AND RUN CASE?

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

LEGAL CASES TO BE FILED:

1. Abandonment of one’s victim

2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of Section 55 of RA 4136
7. Civil liability

INVESTIGATING FOR UNKNOWN FACTS

1. Victim’s identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION

1. Send the corpse to laboratory after investigating

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

EXAMINATION OF RECOVERED VEHICLE

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

INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION

1. Motor vehicle certified registration

2. Repair shop
3. Department records

DOCUMENTS TO BE FILED IN CASE OF DEATH

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

DOCUMENTS TO BE FILED IN CASE OF INJURY

RED NOTES 2022 36

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

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT INVESTIGATION

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

RED NOTES 2022 37

 CDI-3: SPECIAL CRIME INVESTIGATION

INTRODUCTION

• is a special study of modern techniques in the investigation of serious and specific crimes including murder,
homicide, rape, abortion, robbery, arson, kidnapping, blackmail, carnapping and criminal negligence.
• The present criminal justice system in our country, the court relies more on physical evidence rather than
extra-judicial confession.
The following are some examples of cases subject to Special Crime Investigation
• Homicide
• Murder
• Parricide
• Abortion
• Rape
• Robbery
• Kidnapping
• Carnapping
• Drug Cases
• Bombing
• Arson
HOMICIDE INVESTIGATION
• Homicide Investigation is the official inquiry made by the police on the facts and circumstances surrounding
the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.

2. To discover how it was committed.
3. Who committed it and by whom it was committed.
4. When it was committed.
5. And under certain circumstances why it was committed.

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts
against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference between a
murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.

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

Three Bridges:

a. The dead person has been moved

b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:

1. Corpus delicti or facts that crime was committed

2. Method of operation of the suspect
3. Identity of the guilty party

DIFFERENT CRIMES OF KILLING UNDER THE LAW

Title Eight

CRIMES AGAINST PERSONS

(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any
of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

RED NOTES 2022 38

Elements:

1. That a person is killed.

2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate spouse, of the accused.

Note:
• Parents killing their children or vice -versa – Child/parents may be legitimate/illegitimate
• Spouse killing the other spouse – their relationship must always be legitimate
• Killing of other descendants or ascendants – their relationship must always be legitimate

Example : A spouse of B conspires with C to kill B. C is the stranger in the relationship. C killed B by poisoning.
The means employed is made known to A and A agreed that the killing will be done by poisoning. What crime is
committed by A? How about C?
A – Parricide
C – Murder/Treachery as qualifying circumstances

Art. 247. Death or physical injuries inflicted under exceptional circumstances . This can be committed
by:

a. Any legally married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

b. These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under 18 years old and their seducer, while daughters are living with their parents.

Note:

• If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.
• Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another, shall be guilty of
murder and shall be punished by reclusion perpetua to death, if committed with any of the following attendant
circumstances:

1. With treachery, taking advantage of superior strength, with aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon
a railroad, fall of an airship, or by means of motor vehicles or with the use of any other means involving
great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive cyclone, epidemic
or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing
at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:

1. That a person is killed.

2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4. The killing is not parricide or infanticide.

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

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Premeditation - is the act of mediating in advance; deliberation upon a contemplated act; a design form to do
something before it is done.
• The essence of premeditation is that the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a
calm judgment.
• There is no evident premeditation without proof of planning.

ART. 249. Homicide – Any person who, not falling within the provisions of Article 246 (Parricide) shall kill another,
without the attendance of any of the circumstances enumerated in the next preceding article (Article 248), shall
be deemed guilty of homicide.

Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255. Infanticide

The killing of a child less than three days of age, whether the killer is the parent or grandparent, any other
relative of the child, or a stranger.

Penalty:

1. The penalty provided in parricide and murder shall be imposed.

2. If the crime penalized in this article be committed by the mother of the child to conceal dishonor, she shall
suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its medium and maximum
periods. If committed by maternal grandparents or either of them, the penalty shall be reclusion temporal (12
years& 1 day to 20 years imprisonment).

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to discover and document
such facts as type of death, identity of the deceased, cause of death and motivation and identity of the perpetrator.
In order to resolve these fundamental questions, the investigation will focus on the cadaver, crime scene and post
mortem examination.

The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal much
through examination of wounds and other types of tracing clues that may be present.

1. Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is, indeed, dead. Police
officers do not have the legal authority to pronounce death, only physicians/medical doctor can establish the fact of
death. For this reason, the police officer should never assume death unless the condition of the victim’s body
demonstrates death in a totally obvious manner.

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

B. Kinds of Death
1. Somatic Death – Clinical Death
• It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions
of an organism. It is usually pronounced by a physician or other members of the family.
2. Molecular Death- Cellular Death
• It is the cessation of life of the individual cells in the whole body, which occurs one at a time after somatic
death.
3. Apparent Death – State of Suspended Animation
• It is the state of temporary cessation of vital activities of the body or vital processes were depressed to
the minimum compatible with life. This condition is not actually death although classified under the kinds
of death, because the person or organism is still alive although it seems that there are no signs of life.
C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

2. Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive and identity of
the perpetrator, with the identity known, the investigator can focus attention on the victim’s background and establish
a possible motive through such information. Victims encountered in indoor scenes will normally have identifying data
on the body, or such data will be available throughout the crime scene. In outdoor scenes, such evidence is normally
not as readily available, since the victim is removed from the personal environment and also outdoor scene may not
be discovered for long period of time; thus evidence may be destroyed by elements of nature or will be lost. If there
are no identifying papers on the victim’s person, fingerprint should be used as means of identification. If fingerprint
identification is unsuccessful, the investigator must rely on other methods to establish identity.

RED NOTES 2022 40

 Dental structures are highly resistant to destruction, and are frequently useful when the other portions of the
body are totally decomposed (Forensic Odontology). The skeletal remains of the victim may also help to determine
identity, as well as yield other types of information. If bone fractures are noted, they may be used to identify the
deceased, but if only corresponding medical records can be located. The widths of the pelvic bones are excellent
indicators of the victim’s sex; Determination of the victims age maybe more difficult, in that the victims past the age
of eighteen years have generally achieved their maximum skeletal growth. However, general age determination can
be established via dental structure.

LAW OF MULTIPLICITY OF EVIDENCE – the greater the number of points of similarities and dissimilarities of two
persons compared, the greater is the probability for the conclusion to be correct.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person

1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper union of the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

3. Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide investigations. This fact is significant
because of its investigative importance in corroborating or disputing alibis, or in establishing the victim’s movements
prior to death. Determining death is not an exact science.

POST-MORTEM CHANGES

1. ALGOR MORTIS (Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under normal conditions and
assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting Algor Mortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

Changes in the Muscle After Death

After death, the muscles of the body passes through three stages:
➢ Primary Relaxation or Flaccidity
➢ Rigor Mortis/ Post Mortem Rigidity

RED NOTES 2022 41

 ➢ Secondary Relaxation or Flaccidity

PRIMARY RELAXATION/FLACCIDITY
• During this stage, death is only somatic
• Lasts for 1-2 hours
• Body flattens over area which are in contact with the surface on which it rests
• Muscular irritability and response to mechanical or electrical stimuli persists.
2. POST MORTEM RIGIDITY (Rigor Mortis)
• Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the
muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the body
after death due to the disappearance of Adenosine Triphosphate (ATP) from the muscle.
• Rigor mortis disappears with decomposition.
• Involves all muscles the same time at the same rate. It appears first in the smaller muscles such as
the jaw and then gradually spread to upper and lower extremities.
• Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and 36 to
48 hours during summer in the same.

Chart Illustration:
✓ Stiffness in jaw – 6 hours after death
✓ Stiffness in upper torso – 12 hours after death
✓ Stiffness in whole body -18 hours after death
✓ Limpness returns to body – 36 hours after death
✓ Rigor Mortis

CONDITIONS SIMULATING RIGOR MORTIS

▪ Heat stiffening – when a body is exposed to temperatures above 65 degrees Celsius
▪ Cold Stiffening – when a body is exposed to freezing temperatures, the tissues becomes frozen and stiff,
due to freezing of the body fluids and solidification of subcutaneous fat simulating rigor
▪ Cadaveric spasm – is the stiffening of certain group of muscles occurring at the moment of death, usually
associated with violent death due to extreme nervous tension, or even fatigue.
▪
SECONDARY FLACCIDITY
⚫ After the disappearance of rigor mortis, the muscle becomes soft and flaccid, due to the dissolution of
the muscle proteins which have previously been coagulated during the period of rigor mortis
⚫ The body becomes limp again and the muscles are no longer capable of responding to mechanical or
electrical stimulus
⚫ Signals the start of putrefaction or decomposition due to bacteria
⚫ Noted about 48 hours after death

3. POST-MORTEM LIVIDITY (Livor Mortis)

• Discoloration of the body after death; setting of blood in the dependent portions of the body following death).
• It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of blood in the
small vessels of the dependent areas secondary to gravity. This pooling of blood begins immediately after
death and becomes fixed in approximately 8-12 hours. The investigator can press on the skin in the dependent
regions and if the skin blanches, death has probably occurred less than 12 hours. This becomes fixed after a
while and can tell if the body has been moved. This is not a reliable indicator of time of death. This is a better
indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:

1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color

2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY

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

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.

RED NOTES 2022 42

 5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body in the earlier stages
of death.

THE COLOR OF LIVIDITY MAY INDICATE THE CAUSE OF DEATH:

Dilation of the pupil
➢ Dilation is enlargement of the black pupil area
➢ It will start 7 hours after death
➢ After 12 hours, the whole eye gets cloudy and fish-like
Stomach
➢ Anything eaten in the last 2 hours is undigested (stomach)
➢ Food spends 6 hours in the small intestine
➢ Food spends 12 hours in the large intestine

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2 days after
death and then finally the dead body becomes skeletal remains in months considering the factors that influence the
rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours. The maggots
will feed vigorously on the damaged dead body, then transform into pupal stage and finally into adult flies within a few
days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted or coagulated
in a slow process until 12 hours wherein the lividity is already fully developed.

7. CHANGES IN STOMACH

It usually takes 3-4 hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

External post mortem appearances are very informative. The areas of the body showing lividity indicate the
position after death. Wounds and their appearance are particularly significant as they often assist in reconstructing the
circumstances of a crime, the nature of the murder weapon and the manner of its use.

Defense wounds are the result of a person’s instinctive reaction of self-protection. It may be found on the
hand in the effort of the victim to grasp the wounding instrument or by raising the hand to protect the vital parts of
the body. Absence of defense wound does not eliminate the possibility that the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a. Contusion – an injury in the substance of the skin, discoloration of the surface due to extravasation of blood.
This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin brought about by
the friction against hard, rough object.
d. Incised wound – produced by forcible contact on the body by sharp edge instrument.
e. Stab wound – produced by the forcible application and penetration of a sharp instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

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

Gunshot Wounds

All gunshot wounds result from the entry of a projectile into the body, and the frequent presence of
undispersed explosive gases. The relative size and appearance of the wound will be affected by the distance from
which the weapon was discharged. Generally, the closer the discharged to the skin, the greater the damage. This
damage is due to explosive gases which precede the projectile at close range. In some investigations involving firearms,
a determination of whether the death was a homicidal, suicide or accidental is difficult. In making such determination,
the distance of the discharge is of great importance. Majority of suicidal and accidental gunshot cases, arm’s length
discharges are involved. Accordingly, if the wound indicates discharge beyond the victim’s length, homicide is indicated.

RED NOTES 2022 43

 The location of the wound may also serve to rule out suicide. If the wound is located in an area of the body
that is relatively inaccessible to the victim, homicide is indicated. It is also unusual for a suicide wound to be inflicted
in an area other than the head of chest. However, there have been a number of suicide cases involving wounds in
extremities. The presence or absence of a “suicide note” is a poor indicator of suicide or homicide.

Determine the distance of the shooter from the victim (Ranges of Fire)

➢ CONTACT RANGE - the muzzle of the gun touches the skin.

- presence of Abrasion ring

- Clear muzzle imprint

- Gray black discoloration

➢ INTERMEDIATE RANGE - is one in which the muzzle of the weapon is away from the body at the time of
discharge yet is sufficiently close so that power grains emerging from the muzzle strike the skin producing powder
tattooing.

➢ DISTANT RANGE- the muzzle of the weapon is sufficiently far from the body so that there is neither deposition
of soot nor powder tattooing.

Two Types of Wounds:

1.entrance wound (POE) - surrounded by a reddish brown area of abraded skin; small amounts of blood
escape through
2. exit wound (POX) - larger and more irregular in appearance; no abrasions ring; there is far more blood
escapes an exit wound
Determination whether the wound is suicidal, homicidal, or accidental
A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of burning, singeing and tattooing of
the area around the gunshot wound.
2. The presence of usually but one gunshot wound. In most cases, after a shot, especially at the head, the
victim can no longer voluntarily act to inflict another shot.
3. Portions of the body involved are those accessible to the hand of the victim utilized in committing suicide, he
will not think of the difficult way of ending his life unless he has the intention of deceiving the investigators.
4. History of despondency, family problem which may cause him to commit suicide.
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses
C. Evidence to show that the wound is homicidal:
1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/ defense wound maybe present in the victim.
4. There maybe disturbance of the surrounding on the account of the previous struggle.
5. Wounding firearm is usually not found at the scene of the crime
6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1. Hanging – is a state of injury or death of the body whereby the ligature tightened around the neck by the
suspension of the body.
A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some evidence to
prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and downward as the body
has been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.
2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck and the two
ends pulled in the opposite direction in such a manner that tightens the ligature. Ligature used may be rope, chain,
wires, vines, rolled clothing.

SUICIDES
Ways of Committing Suicide

RED NOTES 2022 44

 1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning

ACCIDENTAL DEATH

Is death which occurs beyond the sway of ones will and although it comes about through some act of will,
lies beyond the bounds of human forceable consequences.

How Accidental Deaths Occur

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

ELECTROCUTION
Accidental Electrocution

1. Presence of high voltage wire at the scene of death.

2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of electrocution.
4. Absence of evidence to show suicidal or homicidal.
Principle involve in any Crime Scene Investigation

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

PHYSICAL EVIDENCE - Physical evidence deals with material objects. It may be material left or taken from the
scene of a crime by the suspect or victim, or it might be an impression left in some material.

Definition of Glass - is an amorphous solid which is the combination of sand (SiO2), soda (Na2CO3), and lime
(Cao) that produces a transparent solid when cooled

How does glass break? Each force causes a deformation that may leave a visible mark or fracture the glass. These
markings can be used to determine direction of the force, amount of force applied, sequence of impacts .

- Glass acts as an elastic surface and bends away when an initial force is applied. When the force increases
beyond its tensile strength, it CRACKS

FRACTURE PATTERNS OF GLASS

• Radial Cracks - form FIRST and span out in short (spider-like) segments on the OPPOSITE side of the
force .
• Concentric Cracks - come SECOND on the SAME side as the force applied.

Basic Properties of Blood

• Blood is in a liquid state when inside the body, and when it exits the body, it does so as a liquid.
• The presence of blood clots in bloodstains can indicate that the attack was prolonged, or that the victim
was bleeding for some time after the injury occurred.
• 8 % of total body weight

Types of Blood Stains

• Passive Stain - includes drops, flows and pools, and typically resulted from gravity acting on an injured
body and objects.
• Transfer Stain - results from objects coming into contact with existing bloodstains and leaving wipes,
swipes or pattern transfers behind such as a bloody shoe print or a smear from a body being dragged.
• Projected Stain - also known as Impact stains; Pattern that occurs when a force is applied to the
source of the blood; includes low, medium, or high velocity spatters, cast off, arterial spurting, expiratory
blood blown out of the nose, mouth or wound. Usually seen as a spatter
• Blood Spatter - is defined as a dispersion of blood spots of varying size created when a source of fluid
blood is subjected to an external force.

Categories of Blood Spatter

• Impact Spatter - created when a force is applied to a liquid blood source.

• Projection Spatter - caused by arterial, spurting, expiated spray.

RED NOTES 2022 45

Cast Off - results when an object swung in an arc flings blood onto nearby surfaces; counting the arcs can also
show the minimum number of blows delivered.

-Arterial Spray - refers to the spurt of blood released when a major artery is severed

Expirated Spatter - is usually caused by blood from an internal injury mixing it with air from the lungs being expelled
through the nose, mouth or an injury to the airways or lungs

Gun Shot Spatter - forward spatter is a fine mist and back spatter is larger and fewer drops

• Arterial Spatter
• Expirated Spatter

VOID PATTERNS

➢ Avoid occurs when a person or object blocks the path of the blood

➢ Void Patterns are important because voids can show investigators if a body was moved from the crime scene

➢ Determines if objects are missing from the scene

Determining the position of the blood source

➢ Point of Convergence - is the intersection of two bloodstain paths, where the stains come from opposite sides
of the impact pattern.

➢ Area of Convergence- is the box formed by the intersection of several stains from opposite sides of the impact
pattern

ROBBERY INVESTIGATION
Article 293 – Robbery in General

Any person who, with intent to gain, shall take any personal property belonging to another by means of
violence or intimidation of any person, or by using force upon anything shall be guilty of robbery.

Elements of Robbery
1. Unlawful taking of personal property
• The property must be personal property and cannot refer to real property.
• Taking of personal property must be unlawful; if given in trust- Estafa.
2. The property must belong to another
• The person from whom property was taken need not be the owner legal possession is sufficient.
• Name of the real owner is not essential as long as the personal property taken does not belong to the
accused except if crime is robbery with homicide.
3. The taking is done with violence against, intimidation of any person or force upon things - in the absence
of these circumstances, the crime committed is theft.
4. The taking is with intent to gain (Animus Lucrandi)
• The intent to gain may be presumed from the unlawful taking of another's property. However, when one
takes a property under the claim of ownership or title, the taking is not considered to be with intent to gain.
(U.S. vs. Manluco, et. al., 28 Phil.360)
• When there's no intent to gain but there is violence in the taking-grave coercion.
How robbery with force upon things is committed?
The malefactors shall enter the house or building in which the robbery was committed by any of the following
means:

1. Through an opening not intended for entrance

2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or receptacle
6. By taking such furniture or objects away to be broken or forced open outside the place of robbery.
General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.

2. Professionals – are those persons who worked as robbers as a trade making it their living and having
no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to gain, by means of violence
against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:

1. Robbery with violence or intimidation; and

RED NOTES 2022 46

 2. Robbery with force upon things.
Robbery with violence or intimidation upon person:

a. The moment the offender gains possession of the thing even if offender has had no opportunity to dispose
of the same, the unlawful taking complete.
b. Violence or intimidation must be against the person of the offended party, not upon the thing.
General rule: Violence or intimidation must be present before the "taking" is complete. Exception: when
violence results in - homicide, rape, intentional mutilation or any of the serious physical injuries in par. 1 and 2
of ART. 263, the taking of property is robbery complexed with any of this crime under ART. 294, even if taking
is already complete when violence was used by the offender.

Robbery with force upon things:

a. The thing must be taken out of the building.

b. Use of force upon thing- entrance to the building by means described and ART. 299 and 302 (Offender must
enter).
c. The use force here must refer to the force employed upon things in order to gain entrance into a building or
a house. (People vs. Adorno, C.A. 40 0.G.567).
Note: When both violence or intimidation and force upon things concur-it is robbery with violence.

ROBBERY DISTINGUISHED FROM THEFT

Both robbery and theft involved unlawful taking as an elements;
a. Both involve personal property belonging to another;
b. In both crimes, the taking is done with intent to gain;
c. In robbery, the taking is done either with the use of violence or intimidation of person or the employment
of force upon things; whereas in theft, the taking is done simply without the knowledge and consent of
the owner.

ROBBERY WITH HOMICIDE

• When the crime of homicide was committed on the occasion of robbery

Example: Where the victim was killed on the occasion when the four accused were taking the chickens under the
house of the victim, the offense is Robbery with Homicide, not theft and homicide (People v Mabasa)

Meaning of “Homicide".

• The term homicide as used in the special complex crime Robbery with Homicide is to be understood in its
generic sense as to include multiple homicides, infanticide, parricide and murder. Thus, there is no such
crime as Robbery with Murder.

ROBBERY WITH RAPE

• As regards to the special complex crime of robbery with rape, the law uses the phrase "when robbery shall
have been accomplished by rape". But like in robbery with homicide, the offender must have the intent to
take the personal property belonging to another with intent to gain, and such intent must precede the rape.
• There is no such crime as Robbery with Attempted Rape - the crime cannot be a complex crime of Robbery
with Attempted Rape because a robbery cannot be a necessary means to attempted rape, vice versa. Both
crimes be the result of a single act (People v Cariaga)

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the identification and arrest
of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify the offender.
l. Develop informants in the local underworld who are aware of the activity of robbery, particularly the
activity of the semi-skilled amateur groups. (usually the addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property from its receiver to
the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing robbery.
o. Accumulate information on various types of robber, the known and newcomers whether they are in or
out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.

RED NOTES 2022 47

Physical Evidence to be collected:
1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the trouser cuffs and pockets
of suspect. Samples of broken glass should be collected for possible future comparison in the event that
a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool. Paint samples
should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

Anti-Piracy and Anti-Highway Robbery Law of 1974 (P.D. 532)

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its cargo,
equipment or the personal belonging of its complements or passengers, irrespective of value thereof, by means of
violence against or intimidation of persons or force upon things, committed by any persons, including a passengers or
member of the compliments of said vessels in Philippine waters.

Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of persons or
force upon things of other unlawful means committed by any person or any Philippine highway.

Anti-Cattle Rustling Law of 1974 (P.D. 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the
owner/raiser, or any of the above animals (cow, carabao, horse, mule or other domesticated member of the bovine
family) whether or not for profit or gain, or whether committed with or without violence against or intimidation of any
person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of
owner/raiser.

Anti-Fencing Law of 1979 (P.D. 1612)

Fencing – is the act of any person, who, with intent to gain, for himself or for another shall buy, possess,
keep, acquire, concealed, sell or in any other way, deal on any articles, items, objects, or anything of value which he
knows to have been derived from the proceeds of crime or robbery or theft.

Fence – includes any person, firm, organization, association or corporation or partnership and other
organization who/ which commits the act of fencing.

RAPE AND SEX CRIMES INVESTIGATION

(Article 266, Revised Penal Code amended by RA 8353)

Two kinds of Rape:

1. Rape Through Sexual Intercourse

- Rape is committed by a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is unconscious;
c. By means of fraudulent machination or grave abuse of authority:
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances
above are present.

2. Rape through Sexual Assault

- By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth, anal orifice, or instrument or object, into the genital or anal
orifice of another person. (RA 8353) Rape is qualified under the following circumstances:

RED NOTES 2022 48

a. When the victim is under 18 years old and the offender is a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil degree, or common law spouse of the parent of the victim.
b. When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;
c. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the
third civil degree of consanguinity;
d. When the victim is religious engages in legitimate religious vocation or calling and is personality known to be such
by the offender before at the time of the commission of the crime.
e. When the victim is a child below 7 years old;
f. When the offender knows that he is affected w/ AIDS, HIV etc.
g. When the offender is a member of AFP or paramilitary units thereof or the PNP or any law enforcement agency
or penal institution, when the offender takes advantage of his position to facilitate the commission of the crime;
h. When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or disability;
i. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.

NOTE:

1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a male or female can now commit rape.

2. The RA 8353 introduced the principle of marital rape.

EFFECT OF PARDON:

• The subsequent valid marriage between the offender and the offended party shall extinguish the criminal
action or the penalty imposed
• In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as he offended
party shall extinguish the criminal action not be abated if the marriage be void ab initio.

Article 267 – Kidnapping and Serious Illegal Detention

Elements:

1. That the offender is a private individual;

2. That the kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or detained of threats to
kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner deprives him of his liberty.

The perpetrator shall suffer the penalty of reclusion perpetua to death if:

1.The kidnapping or detention shall have lasted for more than five days.
2.Committed by simulating public authority.
3.Any serious physical injuries shall have been inflicted upon the person kidnapped or detained or if threat
to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting
ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the
commission of the offense.

NOTES:

1.The gravamen of the offense is actual confinement or restraint or deprivation of the victim's liberty.
2.Ransom is the money demanded as a condition for the release of a person being deprived of his liberty or any
other person, even if none of the circumstances above is present, kidnapping or serious illegal detention was
committed.
3. The offense of kidnapping connotes transporting the offended party from one place to another while, illegal
detention focuses on one restrained of his liberty/locomotion wlo necessarily transporting him from one place
to another.
4. Serious Illegal Detention is committed when the illegal detention lasts for 3 days, or the offended party is:
a. a minor;
b. female; or
c. public officer even when the detention lasts only for minutes; or
d. committed by simulation of authority, or threats to kill are made and physical injuries are inflicted.
5. When the victim is killed or dies as a consequence of the detention, or is raped or is subjected to future or
dehumanizing acts, the maximum penalty (death) shall be imposed.
Important factors in Kidnapping Cases:

1. The safe return of the victim

2. Identification and apprehension of the suspect

RED NOTES 2022 49

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.

2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

INVESTIGATION PROCEDURES ON KIDNAP FOR RANSOM INCIDENTS

What is KIDNAP for RANSOM?
• The unlawful taking and carrying away of a person by force or fraud or against his will or in any manner
depriving him of his liberty for the purpose of extorting ransom as payment for his release.

Elements of Kidnap for Ransom:

1. The offender is a private individual;
2. He kidnaps or detains another, or by any means deprives the latter of his liberty;
3. The act of detention and kidnapping must be illegal;
4. The purpose of kidnapping is to extort ransom from the victim or any other person.
NOTE: One of the elements requires that the offender must be a private individual. However, if the offenders are
police officers who kidnap, detain, and deprive another's liberty for the purpose of extorting ransom, these officers are
committing the crime of KFR in their private capacity. They can be held liable for the crime of KFR because they acted
not in the line of duty, kidnap, detain, and deprive a person's liberty for ransom or personal reason. (People v PO2
Murphy Uddin et al)

Stages of KFR Operation

1. Spotting - shopping list of 3 to 4 possible targets that are capable of paying a huge amount of ransom.
2. Surveillance - thorough surveillance and background investigation:
a) financial capability
b) home address and place of work
c) phone numbers
d) make, colors, license plates of cars
e) travel routes, departures and arrival time
f) Identity of driver, household helpers and employees
g) personal security of potential targets.
3. Risk Analysis and Target Selection - selects one target that present a lower risk and less difficulty in ransom
negotiation.
• In order to enhance precision in their KFR operation, the group gathered information first by sending out
penetration agents who apply as drivers, employees and household helpers to C gain further access on the
target.
4. Abduction of the Victim:
• usually allotted time for this stage is 2 to 3 hours.
• Abducted while on their way to their place of work or when proceeding home after work.
• intercepted while travelling in intersections or lightly travelled streets.
• taken to safe houses outside Metro Manila
5. Ransom Demand - may range from 1 million, depending on the paying capacity of the victim and operational
capability of the KFR Group.
6. Collection of Ransom:
• planned pay-off procedure.
• ransom money is brought to a pre-designated area.
• courier instructed to bring cell phone
• Often consumes whole day driving in circles before reaching the final pay-off venue
• Professional KFRG release the victims after securing the pay-off.

Kidnapping where ransom is involved:

Phase I.
When a complaint is received, the family of the victim is requested to remain in touch to accumulate
information needed. The following types of information must be taken:

1. How the demand was made

2. Request the family to refrain from divulging the contents of the letter, note or call to anyone except to
the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid giving the opinion as to
ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200

Phase II. After the victim has been returned or the body has been located.

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 After the victim has been returned dead or alive, the investigation changes, an all-out investigation are
conducted in accordance with the second objective, to identify and apprehend the suspects. Investigative procedure
includes:

1. Thorough interview of the victim.

2. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area, habits and financial status.
6. If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced and dangerous armed
criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had been found dead.

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 CDI-4: ORGANIZED CRIME INVESTIGATION

I. INTRODUCTION, DEFINITION & CONCEPTS OF ORGANIZED CRIME

ORGANIZED CRIME:

• The illegal activities carried out by an organized criminal group or groups of persons, having the aim of
committing serious crimes in order to obtain, directly or indirectly, a financial or other material benefit.
• The term "Organized Crime" traced to have emerged in Chicago in 1919, and is associated with the
bootlegging gangs prevalent during that Alphonse Capone, better known as Al Capone or Scarface, is
considered as the most notorious gangster in the U.S. who ran Chicago with blood and guns.

ORGANIZED CRIME GROUP

• Any enterprise or group of persons engaged in a continuing illegal activity which has as its primary purpose
the generation of profits irrespective of national boundaries. (INTERPOL, 1998)
• A transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose
of engaging in illegal activity, most commonly for monetary profit
• A structured group of three or more persons, existing for a period of time and acting in concert with the aim
of committing one or more serious crimes of offenses in order to obtain, directly or indirectly, a financial or
other material benefit (UN, Palermo, Italy, 2000)

Organized Crime Distinguished from Terrorism

1. They both use violence, force and intimidation.

2. OCG is composed of 3 or more persons while in Terrorism, even an individual may be a terrorist.

3. Organized Crime is considered as non-ideological enterprise as compared it to the crime of Terrorism which has
some terms of religious, social and political motivation.

For Organized Group to Work usually it has at least the following:

1. AN ENFORCER

- the one who makes the arrangements for the killing and injuring or carrying out the task (physically,
economically or psychologically) the members or non-members.

2. A CORRUPTER

- the one who corrupts or bribes, intimidates or threatens, negotiates or “sweet talks” into a relationship
with public officials, law enforcement officer, or anyone who would be of help in obtaining security and immunity from
possible arrest, prosecution and punishments.

3. A CORRUPTEE

- public officials, law enforcement officers or anybody who is not a member of the organization who can helps the
organization

CHARACTERISTICS OF ORGANIZED CRIMES

• It is a conspiracy activity involving coordination of members.

• Economic gain is the primary goal.
• Economic goal is achieved through illegal means.
• Employs predatory tactics such as intimidation, violence and corruption.
• Effective control over members, associates and victims.
• Organized crimes do not include terrorists dedicated to political change.

ATTRIBUTES OF ORGANIZED CRIMES

1. Non-ideological
- It has no political goals. They just wanted to gain money, material or fame/honor.
2. Hierarchical
An organized crime has a vertical power structure with at least three (3) permanent ranks. -not just a leader
and followers – each with authority over the levels beneath.
• Authority is defined – leader
• There is chain of command
• There is delegation of authority
3. Limited or Exclusive Membership
- The criteria such as ethnic background, race, kinship, criminal record and other similar consideration seems to be
the basis for membership in an organized crime group.
4. Constitutes a unique subculture
- Members of the organized crime group considered themselves distinct from the conventional society. They
look at the society as “weak and stupid” and treat them with derision if not contempt, and therefore not subject to its
rules. This is sometimes referred to as “the underworld”.
5. Perpetuates itself

RED NOTES 2022 52

- The OCG continues overtime. There was ongoing criminal conspiracy designed to persist through time, that
was, beyond the life of the current members.
6. Willingness to use Illegal Violence and Bribery
Violence is readily available and acceptable in an organized crime group as a means to achieve its goal. Bribery
becomes necessary so as to protect its operation and insure lesser chance of detection and suppression.
7. Specialization/Division of Labor
There is a need for established functional position filled with qualified members. Commonly, there is a need for:
(1) an enforcer, one who carries out difficult assignments involving the use of violence, including murder, in
a rational manner. He may use members or non-members or even a specialist to carry out the assignment; and
(2) a corrupter (fixer/money mover), excels in developing contacts.
8. MONOPOLISTIC
- An organized crime group eschew competition. It strives for hegemony over a particular geographic area, a
particular “industry”, legitimate or illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade” and increases profits. An organized crime monopoly is maintained by
violence, by the threat of violence, or by corrupt relationships with law enforcement officials. A combination of both
methods, violence and corruption, may be employed.
9. GOVERNS BY EXPLICIT RULES AND REGULATION
- An organized crime group, like a legitimate organization, has a set of rules and regulations that members are
expected to follow.
In an organized crime group, however, a rule-violating member is not fired but, more likely, fired upon.

STRUCTURE OF ORGANIZED CRIME GROUPS

1. The Bureaucratic / Corporate model – the corporation, the police, and the military are examples of
bureaucracies, the mode of organization essential for efficiently carrying out large scale tasks.

2. Patrimonial/ Patron Client – it is a characteristics of traditional societies that centers on families, patrons and
their clients, and other personalities networks.

GENERIC TYPE OF ORGANIZED CRIMES

1. Political Graft - committed by political criminals for purposes of gaining profit though violence or force for the
attainment of political goals or ambitions such as used of private armies, buying of votes or threatening voters.

2. In-Group Oriented Organized Crime - manned by semi-organized individual with the end view of attaining
psychological gratification such as adolescent gangs.

3. Mercenary/Predatory organized crime - perpetuated for the attainment of direct personal gain but prey upon
unwilling victims.

4. Syndicated Crimes - comes with a structure organization that participates in illicit activity in society using force,
or intimidation.

TYPICAL ORGANIZED CRIME ACTIVITIES

1. THEFT and FRAUD

Victimizing business:
- Hijacking of cargo trucks
- Robbery
- Bankruptcy fraud (“bust-out”)Insurance Fraud
- Stock Fraud (Inside Trading)

Victimizing individual persons:

- Car theft (chop-shop or export)
- Burglary (robbery in a building)
- Stock Fraud (pump and dump scam)

Victimizing State:
- Bid-rigging public projects
- Counterfeiting of Money
- Smuggling (Alcohol –bootlegging; Cigarettes – butt legging)

2. PROVIDING ILLEGAL SERVICES and GOODS

- Loan Sharking - Murder for hire

- Book making - Toxic Substance
- Gambling - People Smuggling
- Prostitution - Trafficking in human beings
- Drug Trafficking - Arms dealing
- Pornography

3. BUSINESS and LABOR RACKETEERING

- Casino skimming
- Setting up monopolies in rigid market low tech industries.

RED NOTES 2022 53

- Bid-rigging
- Abusing labor unions
- Extortion (e.g. construction, transport, etc)
- Use of non-union labor and pocketing the wage difference.
- Monopolizing the supply of immigrant workers with the associated people; smuggling.

4. Miscellaneous Activities:

- Money laundering;
- Political corruptions;
- Bullying

THE WORLD'S BIGGEST ORGANIZED CRIME:

A. THE MAFIA - The first organization to bear the label was the Sicilian Mafia based in Italy, known to its members
as La Cosa Nostra which means "our thing" - the original name of Mafia. - The term "Mafia" is a Sicilian-Arabic
term derived from terms meaning to protect and to act as guardian, friend or companion; to defend; preserve power,
integrity, strength. It is a term used to describe a number of criminal organizations around the world.

- Protection against arrogance of the powerful

MAFIA = Morte Alla Francia, Italia Anela (Italian for "Death to France, Italy cries!"). However, this version is now
discarded by most serious historians.

MAFIOSI - Sicilian phrase which means "friends of friends". A term used when referring to a member of the Mafia

• Men of Honor
• Respect - foundation of the entire mafia
• Fear -- the engine of mafia
• Money - fuel of mafia

OMERTA. The code of silence and secrecy of the Sicilians (Mafiosi ) that forbids the common man, woman or
child to cooperate with the police or government.

• Ideal of manliness
• Non -Cooperation with authorities
• Self-control in face of adversity
• Vendetta-blood washes blood
• Neither government nor church to be trusted

THE FOUR TYPES OF ITALIAN MAFIA:

1. SICILIAN MAFIA (early 19th century) - the oldest type of Mafia, 2nd largest in Italy. It is the most powerful
and most active Italian organized crime group in the US and pioneered the excellent cadaver (assassination of
prominent government officials).

GIOVANNI FALCONE - He was a famous Italian judge of Sicily specialized in Mafia crimes. He is believed to
have been assassinated by the Mafia in Palermo on May 23, 1992.

2. THE NEOPOLITAN CAMORRA (late 19th century) - The word “Camorra” means gang, a word used for the
Neapolitan Mafia (based in Naples).

- The Camorra first appeared in the mid-1800s in Naples, Italy, as a prison gang. Once released, members formed
clans in the cities and continued to grow in power.

- The Camorra has more than 100 clans and approximately 7,000 members, making it the largest of the Italian
organized crime groups.

3. 'NDRANGHETA (1861) - A Mafia-type criminal organization in Italy, centered in Calabria. This became the
most powerful crime syndicate of Italy in the late 1990's and early 2000's. The Calabrian word "'Ndrangheta"
derives from Greek "andragathia" for "heroism" and "manly virtue" - meaning a courageous man,

4. SACRA CORONA UNITA – smallest.

THE ORGANIZATIONAL STRUCTURE OF MAFIA

a. Boss - the head of the family whose primary functions are maintaining order and maximizing profits. Subject
only to the possibility of being overruled by the national advisory group, and his authority in all matters relating to
his Family is absolute. (capofamiglia or rappresentante)

b. Underboss - the vice-president or deputy director of the Family. He collects information for the boss; he relays
messages to him, and passes his instructions down to his own underlings. In the absence of the boss, the
underboss acts for him. (capo bastone or sotto capo)

RED NOTES 2022 54

 c. Consigliere - same level as the underboss but operating in a staff capacity, who is a counselor or adviser.
Often an elder member of the Family who has partially retired from a career in crime, he gives advice to family
members, including the boss and the underboss, and thereby enjoys considerable influence and power. The
consigliere of the clan is elected on a yearly basis

d. Caporegime - below the level of the underboss, some of whom serve as buffers between the top members of
the family and the lower echelon personnel. Other caporegime serves as chiefs of operating units.

e. Soldati - The lowest level "members of a Family. The soldiers or "bottom men" report to the caporegime. A
soldier may operate a particular illicit enterprise - e.g., a loan-sharking operation, a dice game, a lottery, a
bookmaking operation, a smuggling operation - on a commission basis, or he may "own" the enterprise and pay
a portion of its profit to the organization in return for the right to operate.

NOTE: Aside from its members, Cosa Nostra makes extensive use of "associates". These are people who work
for or aid a clan but are not treated as true members but more than a tool or someone that they can use.

FIVE CRIME FAMILIES OF MAFIA:

1. BONNANO Crime Family - their operation comes into its hiatus when they were infiltrated by Donnie Brasco
- an undercover FBI agent w/ the real name of Joseph Pistone. It was reported composing of 150 members as of
2005.

- The family first Don was Joe Bonnano

- Joseph Massino - the last reported boss.

2. COLOMBO Crime Family - originally the Profaci Family. Founded by Joseph Profaci. The family's primary
activities include narcotics, gambling, loan sharking cigarette smuggling, pornography, counterfeiting, hijacking,
bankruptcy fraud, etc.

3. GAMBINO Crime Family - originally the Mineo Family. The most powerful Mafia family in the United States
for the last few decades involves primarily in narcotics trafficking, gambling and car-theft. The first don was Vince
Mangano.

4. GENOVESE Crime Family - originally the Luciano Family. This has been called the ivy league of organized
crime. They are presently the strongest and richest Mafia family in the United States with an estimated membership
of about 200. Charles "Lucky Luciano was the first don of the family.

5. LUCCHESE Crime Family - originally the Reina Family. The family's first Don was Tom Gagliano Their primary
activities include narcotic trafficking, gambling loan-sharking, waste management, construction, and involvement
in the garment industry.

COLUMBIAN DRUG CARTELS

A. MEDELLIN CARTEL

• It was founded by Pablo Escobar Gaviria (El Doctor)

• Its highest income in a day is $60 million
• Their operation ends when members of the Columbian National Police, after being trained by the US
Delta Force and the CIA, hunted and killed most of the members of the cartel including its founder
and leader, Pablo Escobar in 1993.
C. Cali Cartel - was a drug cartel based in southern Colombia that was founded by the Rodriquez brothers
Gilberto(The Chess Player) and Miguel. They started in marijuana trafficking but presently lucrative in
cocaine Trafficking.

MEXICAN DRUG CARTELS:

A. SINALOA CARTEL - the Mexico's largest drug cartel headed by Joaquin Guzman-Loera (aka El
Chapo/Shorty Guzman). The United States Intelligence Community considers the Sinaloa Cartel as the most
powerful drug trafficking organization in the world.

B. JUAREZ CARTEL - (a.k.a. Carrillo Fuentes Organization), founded by Amado Carrillo 19 Fuentes and
bases in Juarez, Mexico and is associated with Cali and Medellin Cartel.

C. TIJUANA CARTEL - among the Mexican drug cartels, this is the least powerful, founded by Arellano
Felix Brothers.

INFAMOUS ORGANIZED CRIME OF ASIA

A. YAKUZA -The Yakuza or "boryokudan", is the most influential organized crime group in Japan which
involves in exploitation of women and gambling den.

• its name was originated from the Japanese card game Oicho Kabu, a card game that represents the
numbers eight, nine and three (8-9-3)
• the total is 20, a useless number that means also a bad fortune for the player.

RED NOTES 2022 55

 • Aka "good for nothing"

FAMILIES OF YAKUZA

1. YAMAGUCHI GUMI - This is considered as the Japan's most powerful syndicate named after its founder
Harukichi Yamaguchi. It is the largest family of Yakuza having 20, 400 active members and 18, 600 associated
members in 2007. Of 86,300 yakuza in the Japanese underworld, its membership encompasses 45 %.

• 1st Kumicho (1915-1925): Harukichi Yamaguchi

• 2nd Kumicho (1925-1942): Noboru Yamaguchi
• 3rd Kumicho (1946-1981): Kazuo Taoka
• 4th Kumicho (1984-1985): Masahisa Takenaka
• 5th Kumicho (1989-2005): Yoshinori Watanabe
• 6th Kumicho (2005-present): Shinobu Tsusaka (real name is Kenichi Shinoda)

2. ICHIWA-KAI - A Japanese crime clan founded by former Yamaguchi-gumi leader Hiroshi Yamamoto in 1982.
Yamamoto broke away from Yamaguchi when his rival, Masahisa Takenaka, was named Oyabun of the famed crime
family when famed Japanese mobster Kazuo Taoka died.

3. SUMIYOSHI-KAI - second largest with 15,000 members; It is known as the prime rival of Yamagchi- gumi .
The current Oyabun is Shigeo Nishiguchi.

4. INAGAWA KAl- this is reputed to be the third-largest gang in Japan known for having created most of its wealth
from sophisticated business scams. The family of Yakuza which expanded in all countries. This was founded by
Kakuji Inigawa in 1945. Hidecki Inigawa is the current Kumicho of the clan.

5. TONA YUAI JIGYO KUMIAI - the smallest family with 1,000 members but considered as the most influential
among Yakuza families.

YAKUZA RITUALS:

1. Yubitsume - for the first offense, the transgressor must cut off the tip of his left little finger and hand the
severed portion to the boss as a form of penance or apology,

2. Irezumi - hand-poked full-body tattoos for the members through hand-made and hand-held tools with needles
of sharpened bamboo or steel

3. Pearlings - one pearl is inserted to the skin of a member's penis for every year in prison.

4. Oicho-Kabu - the members, whenever they play this card game, are given the chance to display their tattoos
to the other members as they normally keep them concealed with long-sleeved and high-necked shirts.

5. Sakazuki - the sake-sharing ceremony to seal bonds of brotherhood between individual yakuza members or
groups.

B. TRIAD - refers to Chinese societies common mystical symbol; an equilateral triangle representing Chinese basic
concept of Heaven, Earth and Man. The triad traces its roots from Heaven and Earth society created to overthrow the
Qing Dynasty and restore the Ming Dynasty

- Triads use numeric codes to distinguish bin ranks and positions win the gang. The boss, called a dragonhead,
was a "438". The number-two man equivalent to underboss was an incense master or "443". The lowest inducted
member was the blue lantern or "49", equivalent to the mob soldier.

C. TONGS - translates as "hall" or "lodge but it usually refers to the organization itself, not the building they might
meet in. This group was originated among early-marginalized Chinatown communities to protect themselves from
the natives, but because it had no political motives, they soon found themselves involved in criminal activities like
extortion, gambling, human trafficking, murder and prostitution.

D. BIG CIRCLE GANGS - established by Chinese Immigrants to protect themselves. These groups initially consisted
primarily of former soldiers who left China for Hong Kong. The Big Circle Gang members are particularly violent,
specializing in armed robberies of jewelry stores in Hong Kong as well as heroin trafficking. The Big Circle Gang is
technically not a triad society, but most Big Circle Gang members are also members of various societies. Big Circle
Gangs started off engaging primarily in localized violent crimes such as contract killing and armed robbery

E. HEIJIN - Taiwanese gangsters who are often executives in large corporations who are involves in white collar
crimes, such as illegal stock trading and bribery.

F. UNITED BAMBOO GANG - involves in drug trafficking, women and child trafficking and prostitution. (CLE1015)

G. FOUR SEAS GANG - (Si Hai Bang) is a triad society based in Taiwan which includes mainland Chinese and their
descendants who are actively engage in alien trafficking in Southern California.

H. The 14K TRIAD This was formed by Kuomintang Lieutenant General Kot Siu-Wong in Guangzhou, China in 1945
as an anti-Communist action group. The group fled to Hong Kong in 1949 after the Chinese Civil War.

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I. BORN TO KILL (BTK) - Born to Kill is a well-known, vicious Asian- American street gang, made up of Vietnamese
refugees. The gang first appear in the Chinatown section of New York City in 1980's and became popular for vicious
and random acts of brutality perpetrated on the merchants and citizens of Chinatown, under the leadership of
psychopath David Thai.

RUSSIAN ORGANIZED CRIME

VORY V ZAKONE

• aka “ thieves with code of honor”

- It is the Sicilian counterpart, linked to a territorial-based provision of protection services and to alliance
between upper world and the underworld. It is characterized by the three types of actors in crime picture at
Russia namely:

(1) corrupt government officials,

(2) shady business tycoons (oligarch); and

(3) members of criminal gang headed by a so called authorities and loosely tied with criminal fraternity known as
“thieves in law” (Vory V. Zakone). They were able to create protective roof through their financial and fraternity
connection.

ORGANIZED CRIME IN NORTH AMERICA

LATINO GANGS

It was first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined into two syndicates, the
Nortenos based in Northern California and the Surtenos based in Southern Califoria.

• The Nortenos - include such gangs as Big Hazard, the Breed Street Gang and the Silver Leaf Nortenos (SLN).
• The Surtenos - include the Assasins, King Kobra and Mara Salvatrucha.

In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation based in Chicago.

In Texas
Mexican American gangs have proliferated with the Mexican Mafia, the PRM (Partido Revolucionario
Mexicano), and Mexicles being the most prominent.

In the Eastern United States

The major syndicates are La Gran Raza (The Great Race) and La Gran Familia (The Great Family). The
Dominican Gangs became the major player in Drug trade in Metropolitan New York and in Northern New Jersey.

In Miami and Dade County, Florida,

The Cuban Mafia has built a strong base, having taken advantage of an alliance with Santo Trafficante’s Italian
American Mafia family based in Tampa.

In Puerto Rico
the Neta Association began as a prison gang, but it has spread beyond the island and beyond the prison walls.

ORGANIZED CRIME IN ASIA

MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It includes the following:
* United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has connection with
Southeast Asian and North America.
* Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and refining of drugs.
* Myanmar National Democratic Alliance Army – controls the plantations and refines opium into
heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are also some of the activities of
the group.

TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong Kong particularly the United
Bamboo Gang. They are involved in drug trafficking, prostitution, women and child trafficking.

SINGAPORE
This is the country with the lowest cases of organized activities due to stringent laws and severe penalties
and the government’s strong will power for the implementation of laws.

THAILAND
The country considered to be the most notorious in the world in terms of sex industry. Supplies or imports about one
(1) million women in different countries in Asia.

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VIETNAM
“Nam Cam Gang” is one of the most noted organized crime group in Vietnam and known for drug trafficking
and one of the major transit point of drugs in Laos, Myanmar, China and Taiwan from Cambodia.

PHILIPPINES
The country considered as the heaven for the sex industry. A number of women are sent abroad as
entertainers but later end-up as prostitutes. Thailand, Japan and other Asian Countries are common places of their
destination. Young children for pedophiles are also being catered.
1. Francisco Group
- Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and Mindanao
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is a nephew of
MILF Chairman AL HAJ MURAD
3. Lexus Group
- specializes in carnapping and operates in NCR and Luzon
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
- engaged in illegal gambling and operates in Visayas.
6. Superable Family
- a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was killed in action
during a shoot-out with law enforcers
7. Martires KFR group
- killed in Action (KIA)
8. Waray-Waray Group
- an ethnic group engaged in kidnap for ransom operations. Members are either belong from the family clan
or natives from Samar and Leyte. Their leader was arrested on September 24, 2005.
9. Lost Command KFR Group
- is mainly composed of ex-soldiers and ex-policemen who were rendered jobless after the 1986 EDSA
Revolution.
10. Akyat - Bahay Gang
- is known as a violent home invasion-oriented gang which also has a history with drug dealing
11. "Bahala Na" Gang("Come What May")
- A tattoo of a Question Mark (?) is their identity as members of the gang located in any of the parts of their
body.
12. SIGUE SIGUE SPUTNIK Gang
- is one of the largest Gangs in the Philippines. It has thousands of members all over the Philippines. Traces its
roots from Sigue Sigue Gang founded by Babong Roque to fight against OXO Gang led by Fred Moro.

TRANSNATIONAL ORGANIZED CRIME

CONCEPT OF TRANSNATIONAL CRIME

The concept of transnational crime was coined by the United Nations (UN) Crime Prevention and Criminal
Justice Branch to identify certain criminal phenomena transcending international borders, transgressing the laws of
several states or having impact on another country.

TRANSNATIONAL CRIME – the crime that has actual or potential effect across national borders and crime which is
intra-State but which offends fundamental values of the international community (Boister, 2003, as cited by Wikipedia)
- activity that is considered a criminal offense by at least two countries. It is an offense whose inception,
prevention and/or direct or indirect effects involved more than one country
- a continuing illegal activity of group of person which is primarily concerned with the generation of profits,
irrespective of national boundaries as a result of globalization.
GLOBALIZATION

- refers to the rapid development of the western culture that ultimately affects other cultures in the world as
brought by intellectual and technological advances, in which some crimes occurring in other countries are attributed.

TRANSNATIONAL ORGANIZED CRIME

- is a crime perpetuated by organized criminal group which the aim of committing one or more serious crimes
or offenses in order to obtain directly or indirectly, a financial or other material benefits.

SERIOUS CRIME - shall mean conduct constituting an offense punishable by maximum deprivation of liberty of at
least four years or a more serious penalty.

An offense is transnational in nature if:

1. It is committed in more than one State;
2. It is committed in one State BUT the substantial part of its preparation, planning, direction or control takes place in
another State.
3. It is committed in one State but involves an organized criminal group engages in criminal activities in more than one
State; or in another State.
4. It is committed in one State but has substantial effects in another state

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OSETC - Office of the Special Envoy on Transnational Crime, EO 265. It is the agency concerned in resolving overlaps
in systems and procedures and determines the appropriate agency competent to address a specific transnational crime
issue.
INTERPOL - International Criminal Police Organization (CLE-0414).
• Established in 1923 and had its first headquarters in Vienna and now in Lyon, France.

THE INTERPOL’S MISSION is to be the whole world pre-eminent police organization in support of all organizations,
authorities, and services whose mission is preventing, detecting and suppressing crimes". It seeks to achieve this by:
1. Providing both a global perspective and a regional focus
2. Exchanging information that is timely, accurate, relevant and complete.
3. Facilitating international cooperation
4. Coordinating operational activities of the member countries and making available know-how, expertise and good
practice.

Three Core Services

1. A unique global police communication system

2. A range of criminal data bases and analytical services

3. Proactive support for police operations throughout the world.

PCTC - The Philippine Center on Transnational Crime was created pursuant to Executive Order No. 62. It is
created under the Office of the President to formulate and implement a concerted program of action of all law
enforcement, intelligence and other government agencies for the prevention and control of transnational crime.

TRANSNATIONAL CRIMES

• Trafficking in Persons
• Drug trafficking
• Money laundering
• Environmental Crime
• Cybercrime
• Intellectual Property theft
• Terrorism
• Piracy and Armed Robbery against Ships
• Illicit Trade (smuggling) of small arms and light weapons

ORGANIZED CRIMINAL GROUP

• shall mean a structured group of three or more persons, existing for a period of time and acting in concert
with the aim of committing or more serious crimes or offenses established in accordance with this convention,
in order to obtain, directly or indirectly , a financial or material benefit

TRAFFICKING IN PERSON (TIP)

• a form of modern-day slavery. Also known as Human Trafficking

• RA 9208, Section 3-a. refers to the recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim's consent or knowledge, within or across national borders by means of threat or
use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person for the purpose of exploitation which includes at
a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.

Republic Act No. 9208 – the Anti Trafficking in Persons Act of 2003

• Approved May 26, 2003

Purposes of Trafficking-in-Person:

• Slavery
• Debt Bondage
• Prostitution
• Pornography
• Involuntary Servitude
• Exploitation
• White Slavery
• Sale of Organs

Push Factors to Trafficking

Individual level

• Lack of education and information

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 • History of abuse and exploitation
• Women’s aspiration

Family

• Domestic violence or marital discord

• Desertion
• Separation
• Neglect of parents
• Breadwinner or desire to improve the family’s economic condition

Community

• Congested neighborhood
• Poor housing and living conditions
• Lack of employment opportunities
• Lack of basic social services

Society

• Political and economic insecurity

• Political corruption
• Conflict
• Structural adjustment policies resulting in the rising cost of living
• Poverty
• power relations and gender inequality
• Lure of migration
• Consumerism
• Supply and demand

Pull factors to trafficking

• Increased ease of travel (cheaper and faster travel opportunities, easier access to passport);
• Higher salaries and standard of living in larger cities and countries abroad (greater possibilities for acquiring
new skills and education, increased job opportunity, and mobility);
• Established migration routes and ethnic, national communities;
• Active demand for migrant workers in destination countries combined with the existence of recruitment
agencies and persons willing to facilitate jobs and travel; and
• High expectations of opportunities in other countries boosted by global media and internet access and stories
of returning migrants or those whose families have profited from remittances.

Global Status of Human Trafficking

• In 2004, according to U.S government 600,000 to 800, 000 people were victims of trafficking worldwide.
• (mostly female and minors and 70 percent were trafficked for sexual exploitation)
• According to the data of International Labour Organization 12.3 Million people were trafficked around the
world (across borders and individual countries)
• 300, 000 children were trafficked to served in armed conflicts (UNICEF)

TIP in Asia

• 9.5 million were trafficked in Asia (ILO).

• (1/3 trafficked for other form of economic exploitation, the rest are for commercial sexual exploitation)

Status of Human Trafficking in the Philippines

• According to the United Nations Children's Fund (UNICEF) an estimated 60,000 to 100,000 children in the
Philippines are involved in prostitution rings.
• According to the International Labour Organization (ILO) about 100,000 children are involved in prostitution.
• US government reports, the number of child victims in the Philippines range from 20,000 to 100,000, with
foreign tourists, particularly other Asians, as perpetrators.
• The Philippines is ranked under Tier 2 Watch List in the 2009 Trafficking in Persons Report of the United
States (US) State Department due to the Philippine government’s alleged failure to show evidence of progress
in convicting trafficking offenders, particularly those responsible for labor trafficking.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act
of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage; Deficiency Syndrome (AIDS).

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(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons, individually or as a group;

(d) When the offender is a SPOUSE (added by RA 10364) ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or employee;

(e) When the traffic person is recruited to engage in prostitution with any member of the military or law enforcement
agencies;

(f) when the offender is a member of the military or law enforcement agencies; and

(g) When by reason of or on occasion of the act of TIP, the victim dies, becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS)

Modus Operandi of Human Trafficking

• Illegal Recruitment
• Illegal Migration
• Mail Order Bride
• Foreign Training and Internship
• Religious Pilgrimage
• Cultural Chance Promotion

Philippine Government Manifested its Commitment against TIP through the Creation/Amendment of
other legislative acts such as:

• Mail-Order Bride (RA 6955)

• Anti-Rape law of 1997 (RA 8553)
• Rape Victim Assistance and Protection Act of 1988 (RA 8505
• Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610)
• An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings (RA
7658)
• Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042)
• Philippine Passport Act of 1996 (RA 8239)
• Inter-Country Adoption Law (RA 8043)

RA 10175 – Anti-Cyber Crime Law of 2012.

Reasons of the Vulnerability of Computers:

1. Capacity to store data in a relatively small space.

2. Easy to access

3. Loss of evidence

ONEL DE GUZMAN - A 23-year old student from a popular computer university in the Philippines drafted the virus
with the vision of creating a program that is capable of stealing passwords in computers, ultimately to have free access
to the internet.

- Had made the "I LOVE YOU VIRUS”

- It originates in the country May 4, 2000 and spread itself around the world in one day from Hongkong to
Europe to United States. Like other corporations the Pentagon, CIA and British Parliament had to shut down
their mail systems.
- "The Philippines was unable to arrest the suspected creator of the 'Love Bug' computer virus because it
lacks laws that deal with computer crime.
- Due to the incident, the Philippines have seen the necessity for the passage of a law to penalize cybercrimes,
thus the enactment of Republic Act 8792 otherwise known as the "Electronic Commerce Act".
- Approved June 14, 2000

JJ MARIA GINER - the first person convicted in violation of R.A. 8792.

- He actually commits DDOSA for causing denial of access of the government portal "gov.ph” in September
2005, but was convicted for hacking due to pleading guilty to lesser offense.
- The court sentence Giner an imprisonment of 1 to 2 years but was released on probation.

Manners of Committing Cyber Crimes:

1. HACKING - unauthorized access into or interference in a computer system in order to corrupt, alter, steal, or
destroy using a computer or other similar information and communication devices.

2. CRACKING -is a higher form of hacking in which the unauthorized access culminates with the process of defeating
the security system for the purpose of acquiring money or information and/or availing of free services.

RED NOTES 2022 61

3. Malicious Sending of E-mails - the sending of malicious and defamatory electronic mails for the purpose of
extorting money, or threatening prospective victims.

4. A computer virus - is a computer program that can copy itself and infect a computer witho missis knowledge of
the user

a. Worm spread itself to other computers without needing to be transferred as part of a host.

b. Trojan horse - is a file that appears harmless until executed. Trojan horses do not insert their code into other
computer files

c. Logic bomb - a set of instructions secretly inserted into a program that - is designed to execute if a particular
program is satisfied. The bomb lies dormant until a particular date is reached or command entered

5. Identity theft - defined as the criminal act of assuming person's name, address, social security number, and date
of birth in order to commit fraud.

6. Phishing - sending of fraudulent e-mails or website pop-ups, to get victims to divulge sensitive financial information
such as credit card numbers or social security numbers.

7. Distributed Denial of Service Attacks - DDOS attacks can be committed by employing multiple computers
controlled by a single master computer server to target a particular server by bombarding it with thousands of packets
of data in an attempt to overwhelm the server and cause it to crash

8. Website defacement - is the unauthorized modification of a website which is similar to vandalism committed by
juveniles in an attempt to express their thought.

9. Cyber Stalking - the criminal follows the victim by sending emails, and frequently entering the chat rooms that
causes an intentional, substantial and unreasonable intrusion into the private life of the person.

Mental distress/psychological distraught - the result of cyber stalking to the victim.

10. Cyber Defamation - the use of the computer system to make false statements against a person thereby injuring
his reputation

Computer vandalism - any physical harm done to the computer set. (hardware)

Republic Act No. 8792 or the E-commerce Law was signed into law which punishes certain crimes such as
computer hacking and intrusion of viruses and worms to computer networks. (6years).

R.A. 8484 - the Access Device Regulation Act of 1998 (credit cards)

CYBER SEX - is a sexual activity of arousal through communication using the computer.

TECHNICAL TERMS

• ISP - stands for Intemet Service Provider. It provides internet service to internet users
• IP Address - series of numbers assigned by an Internet Service Provider to an internet user when it connects
to the Intemet.
• Dynamic IP Address - a type of IP Address that changes every time the internet user accesses his Internet
Service Provider
• Static IP Address - a type of IP Address that is constant regardless of the time or number of attempts the
internet user accesses the internet.
• Website - a portfolio of a person / organization / entity / company which is posted on the Internet for
accessibility worldwide
• ICT - Information Communication Technology

INTELLECTUAL PROPERTY THEFT:

• Intellectual property theft is used interchangeably with intellectual property piracy.

• It is the unauthorized copying of goods, or works without the authority of the owner of the intellectual
property the facilitation of their production, and the distribution of such goods including importation and
retailing; counterfeiting or pirating of goods facilitated by use of the Internet or satellite technologies or
unauthorized photocopying of books for education purposes.
• This includes use of famous brands on clothing not manufactured by or on behalf of the owner of the trade
mark, and exact copies of CD's containing any material or software, which are traded in a form intended to
be indistinguishable to ordinary consumers from the genuine product.
• The term intellectual property rights include copyright and related rights, trademarks and service marks,
geographic indications, industrial designs, patents, layout- designs.

The four categories of intellectual property according to Nicole Leeper Piquero:

1. Patents - A grant by the federal government to an inventor of the right to exclude others from making, using, or
selling the invention.

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2. Trademarks - refers to a symbol, word, or words legally registered or established by use as representing a company
or product.

3. Trade secrets - a secret device or technique used by a company in manufacturing its product. 4. Copyright - This
pertains to an exclusive right granted or conferred by the government on the creator of a work to exclude others from
reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public.

Republic Act No. 8293 - Intellectual Property Code of the Philippines.

- approved on June 6, 1997

- took effect January 1, 1998

Republic Act No. 10088 - "Anti-Camcording Act of 2010"

- Approved on May 13, 2010

TERRORISM

Terrorism - the word terror derives from the Latin word terrere, meaning "to frighten".

- It is a threat or actual use of force or violence for political or other purpose, to foster fear, insecurity,
distrust and unrest among the people.
- The unlawful use of force or violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of political or social
objectives. (FBI)
- The commission of crimes (rebellion, murder, kidnapping, hijacking etc.) that sow or create a
condition of widespread and extraordinary fear and panic among the populace in order to coerce the
government to give in to an unlawful demand. (R.A. 9372 or the H.S.A.)

COMMUNITY - can effectively assist the law enforcement agencies in combating Organized Crime and Terrorism.
(CLE-0414)

Purpose of terrorism:

1. To inflict Massive Fear (main)

2. To bring about political change (ultimate)

INTERNATIONAL TERRORISM

- It is a form of terrorism in which the scope of operation involves citizens or the territory of more
than one country.

1. AL QAEDA- in Arabic this means 'The Base", "The Foundation", "the fundament

- founded by Osama Bin Laden on about 1980's.

"The recruited and trained with the help of the Americans (CIA - provide arms) and Arabs (funds) - Robin Cook
(CLE0414). Origins are traceable to the Arab volunteers who fought against the Soviets Invasion of Afghanistan in the
1980's.

- More than a month after Bin Laden's death Al Qaeda named Dr. Ayman Al Zawahiri, Al-Qaeda's
theological leader, as its leader

OSAMA BIN LADEN:

• Organized Al Qaeda, the Emir (PGC) of Al Qaeda.

• Was bom in March 10, 1957 in the city of Riyadh
• responsible for truly heinous terrorist incidents, including the 2001 destruction of the World Trade Center
• He was killed in ABBOTTABAD Compound in Pakistan on May 2, 2011 by Operation Neptune Spear, an
operation launched by the US against him.
• 6’4 ft., and left handed

FOUR AIRPLANES UTILIZED DURING 9/11 BOMBING:

a. American Airlines 11 - North tower

b. United Airlines 175 - South tower

c. American Airlines 77 - Pentagon

d. United Airlines 93 - crashed in Shanksville, Pennsylvania, but the original target is the Whitehouse

OPERATION NEPTUNE SPEAR

• Neptune Spear - pertains to trident, appears on the US Navy's Special Warfare and Insignia. The three
pongs of the trident representing the operational capacity of SEAL's on sea, air and land.

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 • The name of the operation who killed Bin Laden. (a kill or capture mission)
• 79 Commandos and a military dog named CAIRO, a Belgian Mallinois, were employed

GERONIMO - the code name of Osama Bin Laden during the Operation Neptune Spear. (Jackpot, Cakebread,
Crankshaft)

ALJAZEERA - the Pakistan TV station/channel which is responsible in the network coverage during the operation
against Osama Bin Laden (CLE 1014).

NEPTUNE SPEAR PARTICIPATING UNITS:

• CIA-on ground intelligence

• US Airborne - 160th Special Operations
• US Navy Seal - DEVGRU
• Seal Team 6 - directly kills Osama.

Tracing the whereabouts of Geronimo:

• THE ABBOTTABAD COMPOUND - located in Abbottabad, Pakistan where Bin Laden was killed.
• No U.S. spy agency was ever able to capture a photograph of Bin Laden at the compound before the raid or
a recording of the voice of a mysterious male figure whose family occupied the structures of top two floors.
• CIA concluded that the compound was costume-built to hide someone of significance like BIN LADEN.

Why is the compound suspicious?

• Google maps show that the compound was not present in 2001 but when new image was taken in 2005, the
compound was already there.
• The compound is 8 times larger than those nearby houses.
• Surrounded by 12-18 At concrete wall topped with barbed wire and 2 security gates
• 3- floor balcony is 7ft high privacy wall - tall enough to hide 6’4 man like Geronimo.
• No internet or Line telephone service
• The garbage in the compound are burned as compared to the garbage of the neighborhood which is collected
by a garbage truck.
• The place was 3 stories high and you can watch it from variety of angles.

NOTE: -Bin Laden is found to be living there with his youngest wife family

- The place was demolished by Pakistan Government in February 2012 following Bin Laden's Death.

Identification of Geronimo's Body

1. Measurement of the Body - Osama Bin Laden is standing 6 ft. and 4 inches, upon his death, there was no
measuring device available to confirm his height --- the US authorities resorted in calling a fellow with the same height
as Bin Laden and then instructed to lay down beside the said corpse for purposes of getting and comparing the
measurement

2. Facial recognition Software - the facial features of the corpse was then photographed and sent a copy to the
United States and resulted of examination, stated that it 90-95 %, resembling Osama's.

3. In-person Identification - at a particular moment when Osama was being shot by the Seal Team 6, he was
simultaneously and spontaneously recognized by his youngest wife by screaming his name

4. DNA Testing - the DNA was compared to a relative who is detained in the United States, then matched.

Ayman Mohammed Rabie al-Zawahiri

- Born June 19, 1951

- An Egyptian physician, Islamic theologian and current leader of al-Qaeda.

II. HAMAS - is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. An acronym of
Harakat al-Muqāwamah al-'Islāmiyyah or "Islamic Resistance Movement.

- enthusiasm
- Sheikh Ahmed Yassin & Mahmoud Zahar

III. HEZBOLLAH” - is a Shi'a Muslim militant group and political party based in Lebanon.

- literally "Party of God"

- It receives financial and political support from Iran and Syria, and its paramilitary wing is regarded
as a resistance movement throughout much of the Arab and Muslim worlds.
- The United States, the Netherlands United Kingdom, Israel, Australia, and Canada classify Hezbollah
as a terrorist organization, in whole or in part.

IV. JEMAAH ISLAMIYA

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 - Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include Singapore, Indonesia,
Malaysia, Brunei, southern Thailand, and southern Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations linked to al-Qaeda
or the Taliban on 25 October 2002 under UN Security Council Resolution 1267

Domestic Terrorism

- politically oriented extreme violence that is perpetrated by residents of a country within that country in order to force
a change in government or how in society functions

- involves persons or groups committing a terrorist act/s in their own country.

1. Moro National Liberation Front (MNLF)

- The Moro National Liberation Front's primary goal was the creation of an autonomous Muslim state in the
southern Philippines.

- The Philippine government encouraged Christian citizens to move to the island of Mindanao, one of the
Philippines more abundant areas in terms of natural resources in 1950s. By the late 1960s, Christians had
become the majority in Mindanao.

- Tensions between the newly-arrived Christians and the comparatively poorer Muslim inhabitants emerged.

- Responding to these developments, Nur Misuari formed a Muslim advocacy group in the late 1960's called the
Mindanao Independence Movement.

- In 1972, Misuari recreated his advocacy group as an armed terrorist rebel organization and changed its hame
to the Moro National Liberation Front.

- The Moro National Liberation Front (MNLF) emerged as a powerful terrorist group. Philippine president
Ferdinand Marcos responded with military force, committing 80 percent of the country's military troops to the
southern area.

2. Moro Islamic Liberation Front (MILF)

- The Moro Islamic Liberation Front (MILF) is a splinter or breakaway group from the Moro National Liberation
Front (MNLF).

- Following a failed 1977 accord (agreement) between MNLF and the Philippine government, Hashim Salamat
(MNLF's second-in-command) broke away from the group (along with 57 MNLF members) and then created
the Moro Islamic Liberation Front

The New Leadership - the first name of MILF when they had just broke away from the MNLF. (1977). It was in the
year 1984 when it was called Moro Islamic Liberation Front or MILF.

- Publicly, the Moro Islamic Liberation Front demanded a fully independent Muslim state in the southern
Philippines

1997 - MILF had begun negotiations with the Philippine government for simply an autonomous Muslim region.

June 2001- A peace agreement between former PGMA 51 and the MILF was signed.

3. Abu Sayyaf Group (ASG) - the ASG was founded in 1991 by radical Moro National Liberation Front (MNLF)
members who objected to the MNLF's negotiations with the Philippine government.

In English - Father of the Swordsmen

In Arabic - the Sword bearer

- sees itself as the rightful inheritor of the legacy of armed Moro resistance in the region and the
torchbearer in the struggle for the establishment of an Islamic state in Southeast Asia.
- The group's first major attack came in 1991, when an Abu Sayyaf grenade killed two American
Evangelists, Abdurajak Janjalani- first leader.
- Khadaffy Janjalani- led the group from 1998 to 2006.
- Isnilon Totoni Hapilon - the current ASG leader

4. New People's Army (NPA)

- Founded in MARCH 29, 1969 by Bernabe Vuscayno AKA "Ka Dante/Commander Dante". - The New People's
Army (NPA) was created as the armed wing of the outlawed political organization, the Communist Party of the
Philippines, Marxist- Leninist (CPP-ML).

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- From 1969 to 1976, the People's Republic of China provided material support to the New People's Army.
Following the cessation of China's support, the NPA went through a five-year period of weakness.

- The NPA tactic is to continue a prolonged armed conflict that will eventually overthrow the Filipino and replace
with a government communist/socialist state.

CPP - considered as the brain of NPA, founded by Jose Maria Sison in December 26, 1968.

Alex Boncayao Brigade - a Manila-based death squad that assassinated dozens of people on the orders of CPP- ML
during 1980's. A breakaway urban hit squad of the CPP-NPA. It was named after the labor leader Alex Boncayao who
was candidate in the 1978 under the LABAN Party.

5. Rajah Solaiman Movement

- aka “Balik Islam” or “Back To Islam”

- founder Hilarion del Rosario Santos III aka Hannah Santos, aka Ahmed Santos, aka Hilarion del Rosario,
converted to Islam in 1993 and married into the top ranks of the leadership of the Abu Sayyaf Group (ASG)

- one of the latest groups affiliated with ASG, MILF and JI.

DIFFERENT TYPES OF TERRORISM

1. Anti-colonial Terrorism – due to resistance to domination by foreign force.

2. Ideological Terrorism

3. Religious Terrorism - is the terrorism performed by e groups or individuals by which the motivation typically
rooted in faith-based reasons such as to either spread or enforce a system of belief , viewpoint or opinion. Terror in
the Mind of God”, Terrorizing for religious purpose.

4. Political Terrorism- violent criminal behavior designed primarily to generate fear in the community, or substantial
segment of it, for political purposes.

5. Cyberterrorism - the use of information to attack civilians and draw attention to their cause. It is premeditated
use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological,
religious, political or similar objectives, or to intimate any person in furtherance of such objectives

6. Bio-terrorism refers to the international civilians, release in toxic biological agents to harm and terrorize civilians,
in the name of political or other cause.

Categories of Terrorism

1. Ethnocentric

- the category of terrorist organization which is aimed at establishing a dominant or superior race that will be looked
upon by the entire populace in the world.

2. Revolutionary

the category of terrorist group which is dedicated to overthrow an established order and replacing it with a new political
or social structure.

3. Political

the category of terrorist group which aims in restructuring the society.

4. Nationalistic

those who commit acts of violence due to their loyalty or devotion to their country.

ROOT CAUSES OF TERRORISM

1. Political Ideologicalism - politically motivated

ldeology is the set of doctrines or beliefs that from the basis of a political, economic and other systems ( Bovier)

2. Religious Fanaticism - considered fearful terrorists for the reason that they are not afraid to DIE. (CLE0414)

Jihad - is the term which refers to the holy war waged by members of the Islamic religion against the Jews.

Jihadist - a person who practiced jihad translated as mujahid/mujahideen which means holy warrior.

TERRORIST TACTICS:

1. Bombings - most common

2. Assassinations - oldest form

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3. Kidnapping

4. Hostage-taking/skyjacking

5. Weapons of mass destruction (WMD)

WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?

• is a term used to describe a massive weapon with the capacity to indiscriminately kill large number of people.
• it could be either Nuclear, Biological and Chemical weapons

Categories of chemical agents (mostly in liquid form)

1. Nerve agents - agents that disrupt the mechanism by which nerves communicate with organs they stimulate.

- in other words the agents gets the nerves to send the wrong signal to the muscles they control and hence,
disrupt muscle function of the body. Ex. Sarin Gas

2. Blistering Agents - There are three common of this type; the most widely known are mustard gas, lewisite,
and phosgene oxime. Mustard gas, first used in World War I, will caused blistering on the exposed portions of the
body, as well as on internal organs. It will generally cause blindness and then death y respiratory failure.

3. Choking Agents - one of the deadliest choking agents is phosgene gas. This agent damages the respiratory
system and causes the lungs to fill with water, and thus chokes the victim. Ex. chlorine

Anthrax - (CLE0414)
a single cell organism that is produced by a fermentation - process, such as that by which beer is made.
Cause by Bacillus anthracis and the effects of exposure include a severe infection that attacks the skin, lungs, and
gastrointestinal tract.
Direct contact will cause formation of dry scabs all over the victims body and can develop into systematic infection.
Symptoms are high fever accompanied by general aches, severe weakness, and pneumonia.

Botulinum toxin
- a protein made by the clostridium botulinum bacteria
exposure to the toxin, the nerve cell synapses are affected, causing palsy, spasms, and then paralysis

Brucellosis
- also known as undulant fever
- symptoms can include intermittent or prolonged fever, headaches, profuse sweating, chills, pains in the
joints and muscles and fatigue

Cholera
- an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting accompanied by severe diarrhea and a rapid
loss of body fluids

Plague
- in natural transmittal form, the plague may the bubonic plague, or black death that eradicated a great
number of European in the middle ages transmitted from person to person by respiratory transmission, through rats,
or from the bite of an infected flea symptoms are high fever accompanied by general aches, severe weakness, and
pneumonia

Typhoid fever
caused by an organism called salmonella typhosa which causes fever and frontal headaches and is usually
accompanied by rose colored spots on the skin
must employed through food and limited water contamination

Rickettsia
disease that appears in domesticated animals such as sheep, cattle, and goats
spread to human through inhalation of particles contaminated with organism
incubation period, ranging from 10 to 14 days
BOMBING

Terrorist commit bombings for a number of reasons:

1. To gain media attention, particularly the target is visible or symbolic.

2. Bombing is a cost effective and efficient way to attack a facility .

3. Bombing can be accomplished with a small number of personnel.

4. Bombing is inexpensive in comparison to alternatives such as kidnapping or hostage-taking.

5. Random bombing make a considerable impact on the population, because more people fear a bomb attack than
being kidnapped or taken hostage.

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6. Explosives are readily available through (1) theft, (2) sympathetic supporters, or (3)purchase. Explosives can be
constructed through the use legitimately purchased chemicals, fertilizers, and other material.

Types of Bombers:
1. Amateur
- can be described as experiments
2. Professional
- builds or bombs or does both for profit
3. Psychopathic
- acts without rhyme or reason
4. Suicidal
- major attack weapon in recent years, particularly among Islamic terrorist groups

R.A. 9372
- Human Security Act of 2007
- Approved on March 6, 2007
- Effective on May 15, 2007
Terrorist

– any person who commits an act punishable under any of the following provisions of the RPC: (Sec. 3)

1. Article 122 (Piracy in General and Mutiny in the

High Seas or in the Philippine Waters);

2. Article 134 (Rebellion or Insurrection);

3. Article 134-a (Coup d’ etat), including acts committed by private persons;

4. Article 248 (Murder);

5. Article 267 (Kidnapping and Serious Illegal Detention);

6. Article 324 (Crimes Involving Destruction)

or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

4. Republic Act No. 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,

6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)thereby sowing and creating
a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years
of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.

R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism

- Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of
imprisonment

- There is conspiracy when two or more persons come to an agreement concerning the commission of the crime
of terrorism and decided to commit it.

R.A. No. 11479 - “The Anti-Terrorism Act of 2020”

PIRACY AND ARMED ROBBERY AGAINST SHIPS HOW PIRACY IS COMMITTED:

On High Seas: (RPC)

• An act of any person who, on the high seas, shall attack or seize a vessel or, not being a member of its
complement, nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or
personal belonging of its complement or passengers.
• The offender shall suffer the penalty of Reclusion Perpetua.

On Philippine Waters: (P.D.532)

• (2) 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

RED NOTES 2022 68

 means of violence against or intimidation of persons or force upon things committed by any person, including
a passenger or member or complement of said vessel.
• 3) any person who knowingly and in any manner aids or protects pirates such as giving them information
about the movements of the police or other peace officers of the government, or acquires or receives property
taken by such pirates, or any person who abets (encourage, support) the commission of the piracy.

Qualified Piracy:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves: or 3. Whenever the crime
is accompanied by murder, homicide, physical injuries, or rape. BUSINESSES OF ORGANIZED CRIME

A. Corruption-acting on opportunities, created by virtue of e's authority, for personal gain at the expense of the public
as one is authorized to serve.

B. Graft – refers to exploitation of one's role by accepting bribes or protection money.

Republic Act 3019 - Anti-Graft and Corrupt Practices Act.

Republic Act 6713 - Code of Conduct and Ethical Standards for Public Officials and Employees.

Republic Act 7080 - Anti Plunder Law (money involved exceeds 50 Million pesos)

- Approved July 12, 1991

PLUNDER - Any public officer who, by himself or in connivance with the members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires
ill-gotten wealth through the combination or series of overt or criminal acts.

Embezzlement - theft or misappropriation of entrusted resources

Kickback - it is the official's share of misappropriated funds from his office made possible by corrupt bidders.

SANDIGANBAYAN - court had jurisdiction over Plunder cases.

C. Gambling - it is the wagering of money or something of material value with the intent to win more but the outcome
is uncertain.

GAMING - term called for gambling that is permitted by law.

D. Loan sharking - is the lending of money to another wherein the percentage of the principal is too exorbitant
(usurious interest) for the lender to pay his debt and the collection is done by force or intimidation. (SHYLOCKING)

E. Pornography - is the depiction of explicit sexual subject matter for sexually exciting the viewer.

Sub Genres of Pornography

SOFTCORE - refers to pornography that does not depict penetration

HARDCORE - pornography that depicts penetration explicitly

Republic Act No. 9775 - It is an act defining the crime of Child Pornography, prescribing Penalties therefore and for
other purposes.

Prostitution - is the act or practice of engaging in sex acts for hire.

Types of Prostitution

1. Escort prostitution

Out Call - the act takes place at the customer's residence or at his or her hotel room.

In Call - at the escort's residence or in the hotel room rented for the occasion by the escort.

2. Lot lizard - serves the trucking industry

3. Street prostitution - solicits customers in street corners or walking the streets

4. Skeezers - trade sex for illegal drugs

Sex tourism- the commercial sexual relation by the tourist with residents at the destination.

Philippines - It is considered the haven for sex industry in the world.

Thailand - It is considered as the most notorious in the world in terms of sex industry

Slavery - the submission to a dominating influence or the state of a person who is chattel of another.

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Slave – a person held in servitude as the chattel of another

White Slavery – is the engagement in the business for profit, or enlistment of services of any other person for the
purpose of prostitution.

MONEY LAUNDERING

• is the practice of disquising illegally obtained funds so that they may seem legal.
• Converting illegal money to a legal one.
• World's third largest industry by value.
• Under the AMLA, money laundering is "a crime whereby the proceeds of an unlawful activity are transacted,
thereby making them appear to have originated from legitimate sources."

RA 9160 - This Act shall be known as the "Anti-Money Laundering Act of 2001".

- approved on September 29, 2001

RA 9194 -An Act Amending Republic Act No.9160, Otherwise Known as The "Anti-Money Laundering Act of 2001"

- Approved on March 7, 2003

- The provisions of the Anti-Money Laundering Act of 2001 (AMLA) or R.A. No.9160, as amended, lays
down the Philippine policies and principles to prevent banks, insurance companies and the securities
and capital markets and industries from being utilized_by money launderers to "wash" their so-called
"dirty money".

How serious is the problem?

- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes, providing them with
the incentive and means to perpetrate such activities and at the same time expand and consolidate their forces.

- Corrupts financial institutions, control sizeable sectors of the economy through investments and even bribe
and infiltrate governments. In extreme cases, it may lead to the virtual take-over of a legitimate government.

- Destroys the integrity of governments. With the increasing awareness of the ill-effects of money laundering
and the growing interdependence among global communities, countries that are known to be used by money launderers
could be placed in a bad light, adversely affecting their financial institutions and relations within regional and global
economies.

The three common factors identified in laundering operations are:

a. The need to conceal the origin and true ownership of the proceeds;

b. The need to maintain control of the proceeds;

c. The need to change the form of the proceeds in order to shrink the huge volumes of cash generated by the initial
criminal activity, the so-called “predicate offense” or “unlawful activity”.

STAGES OF MONEY LAUNDERING

1. PLACEMENT - the initial stage of money laundering. (CLE-0414) It is the physical disposal of the money by putting
them into the financial system, usually through Smurfing and Immersion.

2. LAYERING - also called "heavy soaping". The conversion of cash into monetary instruments and the conversion
of tangible assets obtained by means of cash purchases.

3. INTEGRATION -also called "spin dry", the money is again available to the criminal with its occupational and
geographical origin hidden.

Laundering of Proceeds

- Mix dirty money with legitimate funds

- Use dirty money for legitimate purposes

- Invest dirty money in legitimate business/es

The two-fold policy of the AMLA are :

• To protect and preserve the integrity and confidentiality of bank accounts;

• to ensure that the Philippines is not used as a money laundering site of the proceeds of unlawful activities.

Thus, it is the Philippines’ policy not only to protect depositors and investors but of equal importance is the
investigation, apprehension and prosecution of suspected money launderers.

The Anti-Money Laundering Council (AMLC) - is the financial intelligence unit of the Philippines and is composed
of the following officials :

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1. The Governor of the Bangko Sentral ng Pilipinas

2. The Chairperson of the Securities and Exchange Commission

3. The Commissioner of the Insurance Commission

A COVERED TRANSACTION is a transaction in cash or other equivalent monetary instrument involving a total amount
in excess of PHP500,000.00 within one (1) banking day.

Republic Act No. 9160

- approved on September 29, 2001

- this Act shall be known as the "Anti-Money Laundering Act of 2001.“

For the prevention of money laundering, the AMLA contains specific provisions on the following areas:

a. Customer identification

b. Keeping of records

c. Recognition and reporting of covered and suspicious transactions

d. Training

Importance of Customer Identification

The inadequacy or absence of “KYC” standards can subject banks to serious customer and counter (third) party risks,
especially:

1. Reputational Risk

the potential that adverse publicity regarding a bank’s business practices and associations, whether accurate or not,
will cause a loss of confidence in the integrity of the institution.

2. Operational Risk

the risk of direct or indirect loss resulting from inadequate or failed internal processes, people and systems or from
external events.

3. Legal Risk

the possibility that lawsuits, adverse judgments or contracts that turn out to be unenforceable can disrupt or adversely
affect the operations or condition of a bank.

RA 9194

- approved on March 7, 2003

- An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001

ARM SMUGGLING

Smuggling

also known as trafficking, is the clandestine transportation of goods or persons past a point where prohibited, such as
out of a building, into a prison, or across an international border, in violation of the law or other rules

WHAT ARE FIREARMS?

includes handguns, revolvers, pistols, rifles, muskets, carbines, shotguns, cannons and all other deadly weapons from
which a bullet, ball, shot, shall or other missile may be discharged by means of gunpowder or other explosives

also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated 28
July 1981. The barrel of any firearm shall be considered a complete firearm.

FIREARMS TRAFFICKING

refers to the act of any person who, through the use of any fraudulent machinations, shall import or bring into, or
export from, the Philippines, or assist in so doing, any firearm or parts thereof, explosive or ammunition or machine,
implements, equipments or tools for the manufacture of firearms.

shall likewise refer to the act of any person who, contrary to law, shall:

receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment or sale of said firearms or parts
thereof, explosive or ammunition or machine, implements, equipments or tools for the manufacture of firearms,
ammunition or explosives after importation, knowing the same to have been imported contrary to law.

Why does this illicit activity flourish?

RED NOTES 2022 71

 • It is a dangerous but profitable criminal enterprise.
• However, it threatens not only public safety and national security but also endangers, and oftentimes, takes
away the lives of innocent persons.
• It is one of the transnational organized crimes that affect not only the Philippines and other neighboring Asian
countries but also the rest of the world.
• The country lacks anti-firearms smuggling/trafficking laws.
• No region is immune to illicit trade and trafficking in small arms and light weapons
• Collaborative and cooperative measures are essential to address this transnational threat.

Why should it be addressed?

- It poses a serious threat to national security and a stumbling block to economic development.

- Firearms can be tools of violence. Letting the control of the tools of violence get out of hand can be a disaster
for

any society.

Efforts to curtail the problem

- Improvement of the traceability of firearms;

- Passage of relevant laws and providing stiffer penalties thereto;

- Encouraging return of loose firearms through programs such as amnesty and “balik-baril” programs; and

- More extensive law enforcement.

RELEVANT LAWS

• The Memorandum for the SILG recommending the phase-out of the use, manufacture or sale of Paltik (home-
made) Firearms; and
• The PNP Circular on the disposition of Captured, Confiscated, Surrendered and Deposited Firearms,
Ammunition and Explosives.

BASIC FIREARMS LAWS, RULES AND REGULATIONS:

Section 1, Republic Act No. 8294:

Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms Ammunition or
Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunitions.

Penalty: Prision correccional in its maximum period and a fine of not less that Fifteen Thousand pesos(P15,000.00)

(low-powered firearm such as rim fire handgun, .380 or .32 and other firearm of similar firepower, part of
firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm
or ammunition: Provided that no other crime was committed)

Section 1, Republic Act No. 8294:

Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms Ammunition or
Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunitions.

Penalty: Prision mayor in its minimum period and a fine of Thirty Thousand pesos (30,000.00)

(high-powered firearm which includes those with bores bigger in diameter that .38 caliber and 9 millimeter such as
caliber 40, 41, 44, 45 and also lesser calibered firearms but considered powerful such as caliber 357 and caliber .22
center fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided
however, That no other crime was committed by the person arrested)

DRUG TRAFFICKING

The Drug Trade

From the farmers to the producers, the smugglers, the street dealers, and the users, the drug trade is deeply
rooted in the global economy. It is protected and overseen by powerful groups known as drug cartels that make huge
profits from this multibillion-dollar industry

What is drug trafficking?

- another term for dug trade

- refers to the illegal process through which narcotics and other illegal drugs are produced, transported, and
sold.

RED NOTES 2022 72

- the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor
and essential chemical.

- generally refers to the sale and distribution of illegal drugs

R.A. 6425 – Dangerous Drug Act of 1972 was repealed by,

R.A. 9165 – Comprehensive Dangerous Drug Act of 2002

ENVIRONMENTAL CRIME

The deliberate evasion of environmental laws and regulations by individuals and companies in the pursuit of “personal
interest and benefit.” Where these activities involve movements across national boundaries, or impacts upon the world
as a whole, they can be termed "international environmental crime”

The most common types of environmental crime fall under these major categories:

(1) biodiversity;

(2) natural resources-related crime;

(3) wastes;

(4) banned substances;

(5) other environmental offences like biopiracy and transport of controlled biological or genetically modified material;
Illegal dumping of oil and other wastes in oceans; violations of potential trade restrictions under the 1998 Rotterdam
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International
Trade; Trade in chemicals in contravention to the 2001 Stockholm; Convention on Persistent Organic Pollutants; and
fuel smuggling to avoid taxes or future controls on carbon emissions.

ECONOMIC CRIME

- referred to as commercial crimes and known also as “white collar” crimes

- any act characterized by fraud, concealment, or a violation of trust and are not dependent upon the
application or threat of physical force or violence

PIRACY AND ARMED ROBBERY AGAINST SHIPS

Sea Piracy is described as

(1) an act of any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement,
nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belonging of its
complement or passengers;

(2) 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 or
complement of said vessel, in Philippine waters, and

(3) any person who knowingly and in any manner aids or protects pirates, such as giving them information about the
movements of the police or other peace officers of the government, or acquires or receives property taken by such
pirates, or any person who abets the commission of the piracy.

The definition of piracy is contained in article 101 of the 1982 United Nations Conventions on the Sea (UNCLOS)

“Piracy consist of any of the following acts:

a. any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft and directed:

a.1 on the high seas, against another ship or aircraft, or against persons or property on board of such ship or aircraft.

a.2 against a ship, aircraft, person or property in a place outside the jurisdiction of any State.

b. Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate
ship or aircraft;

c. Any act inciting or of intentionally facilitating an act describe in sub-paragraph (a) or (b)

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 CDI-5: DRUG EDUCATION and VICE CONTROL

DRUGS

• Any chemically active substance rendering a specific effect on the central nervous system of man.
• A chemical substance that affects the functions of living cells and alters body or mind processes when taken
into the body or applied through the skin.
• Is a chemical substance that brings about physical, emotional or behavioral change in a person taking it.
• Any chemical substance, other than food, which is intended for used in the diagnosis, treatment, cure,
mitigation or prevention of disease or symptoms.
• The term drug derives from the 14th century French word drogue, which means a dry substance.

When are drugs harmful?

Any drug may be harmful when taken in:
- Excess;
- Dangerous combinations;
- By hypersensitive (allergic) person

DRUG ABUSE
• Deliberate use of medically useful drugs which have the capacity to alter mood and behavior without the
benefit of a prescription
• it refers to the use of a medically useful mood altering drug for a course different from the one for which
the drug has been indicated
• it refers to the use of a drug with such frequency that causes physical or mental harm to the user or impairs
social functioning

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

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

TYPES OF DRUG DEPENDENCE

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

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

CLASSIFICATIONS OF DRUG ABUSERS

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

RED NOTES 2022 74

- They show strong psychological dependence on the drug
D. Hippies
- Those who are addicted to drugs believing that drug is an integral part of life.

DRUGS COMMONLY ABUSED

1) STIMULANT
- Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying sleep, also
impale appetite and cause weight loss.

a) Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao

Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s

cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice.

- Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste.

b) Cocaine – an agent that produces a temporary increase of the functional activity or efficiency of an
Organism or any of its parts.

Street names – Coke, Snow, Flake, Bow

Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America. This drug
affects the central nervous system as a stimulant.

-The name comes from "coca" and the alkaloid suffix -ine, forming cocaine. It is a stimulant, an appetite
suppressant, and a topical anesthetic.

2) Opiates/Narcotic

Opiates, sometimes called narcotics, are a group of drugs that are used medically to relieve pain, but
have a high potential for abuse. Some opiates come from a resin taken from the seedpod of the Asian poppy.
Opiates that are commonly abused are Opium, Morphine, Codeine, and synthesized or manufactured
opiates.

Narcotic – substance that lessens pain and/or induces stupor.

a). Opium – is the dried latex obtained from the opium poppy (Papaver somniferum). Opium contains up to
12% morphine, an alkaloid, which is frequently processed chemically to produce heroin. The latex also
includes codeine.

Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy seeds are
derived. Opium is the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine and noscapine. The Latin botanical name means the "sleep-
bringing poppy", referring to the sedative properties of some of these opiates.

b) Morphine – is a potent opiate analgesic drug that is used to relieve severe pain. It was first isolated in
1804 by Friedrich Serturner, first distributed by him in 1817, and first commercially sold by Merck in 1827.

- It took its name from the Greek god of dreams Morpheus.

-The most abundant alkaloid found in Opium, the dried sap (latex) derived from shallowly slicing the unripe
seedpods of the opium, or common and/or edible, poppy.

- Morphine can usually be found in tablet form, a syrup, injection or as a suppository form.

- Morphine is usually taken orally via a syrup, tablet or capsule, however, it can come in an injectable form.

C) Heroin – is processed from morphine, a naturally occurring substance extracted from the seed pod of
certain varieties of poppy plants.

It is typically sold as a white or brownish powder or as the black sticky substance known on the streets as
"black tar heroin”.

3) Hallucinogens
- Drugs that are derived from plants chemical substances which affects the perception, sensation, behavior
and produces hallucination on the user.

Marijuana - is the term used to describe all the plant material like leaves, tops, stems, flowers and roots
from a cannabis plant (Cannabis sativa), dried and prepared for smoking or taken orally as “brownies”.

-The mind-altering component is the tetrahydrocannabinol; THC for short, which is concentrated in the
resin.

4) Depressants/Sedatives

RED NOTES 2022 75

 - Drugs that have mild-calming or sleep-producing effect upon the central nervous system.
- e.g. Valium

5) Inhalants - drugs whose volatile vapors are taken in via the nose and trachea.

- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener

ROUTES OF DRUG ADMINISTRATION

1) Oral Ingestion
- Taken by the mouth and must pass through the stomach before being absorbed in the bloodstream.

2) Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the capillary system.

3) Injection
- The drug can be administered into the body by the use of a stringe or hypodermic needle in the following
ways:
• Subcutaneous (SC) – drug is administered by injecting the drug just below the surface of the
skin; this is sometimes called “skin popping.”
• Intramuscular (IM) – administration involves the injection of a drug into a large muscle mass
that has a good blood supply, such as the gluteus maximus, quadriceps, or triceps.
• Intravenous (IV) – the most efficient means of administration which involves depositing drug
directly into the bloodstream, this is also the most rapid method of drug administration.
4) Snorting
- Inhalation through the nose of drugs not in gaseous form.

5) Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips.
6) Suppositories – the drug is administered through the vagina or rectum
7) Topical – application of drugs directly to a body site such as the skin and the mucous membrane.
8) Iontophoresis – introduction of the drugs into the deeper layer of the skin and the mucuos membrane

REASONS WHY PEOPLE TURN TO DRUG ABUSE

A. POVERTY
• This is the most prevalent factor that prompt pushers and abusers alike to indulge in dangerous drugs
• Pushers were forced by the circumstances to the retailing of prohibited drugs as a meant or source of livelihood
• Many abusers use dangerous drugs as a vehicle to escape the realities of poverty and its related problems.
B. IGNORANCE
• Lack of knowledge and information about how dangerous drugs look like, their bad effects, legal ramifications
or consequences and other aspects of prohibited drugs
C. PARENTAL INFLUENCES
• Unhappy home, parents showing little or no interest in their children, Abuses committed by parents such as
harsh physical punishments
• Lack of parental values; parents who are permissive and liberal; parental neglect; domestic violence; role
modeling.
D. PEER INFLUENCES
• Drug using friends encourage, pressure even, a youth to experiment with drugs.
E. PERSONALITY FACTORS
• Curiosity or the desire to experience a new state of consciousness
• Escape from physical and mental pain, relief from boredom and frustration, and desire to escape from harsh
realities
• Unable to conform to social standards; weak personality or low sense of self-esteem.
DRUG TRAFFICKING
• Otherwise known as DRUG TRADE
• Generally refers to the sale and distribution of illegal drugs
• It refers to the illegal process through which narcotics and other illegal drugs are produced, transported, and
sold.
• Drug/Illegal Trafficking is the illegal cultivation, culture, delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical. (RA 9165)
A. First Important Drug Traffic Route
• Middle East - discovery, plantation, cultivation, harvest
• Turkey - preparation for distribution
• Europe - manufacture, synthesis, refine
• USA - marketing

RED NOTES 2022 76

B. Second Major Drug Traffic Route
• Drugs that originates from the Golden Triangle

Burma/Myanmar

Laos Thailand

In Southeast Asia the "Golden Triangle" approximately produced 60% of opium in the world, 90% of opium
in the eastern part of Asia. It is also the officially acknowledged source of Southeast Asian Heroin.
• Drugs that originates from the Golden Crescent
❖ Iran
❖ Afghanistan
❖ Pakistan
❖ India
In Southwest Asia the "Golden Crescent is the major supplier of Opium poppy, Marijuana and Heroin products
in the western part of Asia. It produces at least 85% to 90% of all illicit heroin channeled in the drug underworld
market.
• Drugs that originate from the Silver Triangle
❖ Peru
❖ Columbia
❖ Bolivia

THE WORLD’S DRUG SCENE

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

TYPES OF DANGEROUS DRUGS

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

RED NOTES 2022 77

 • Over sedation may lead to death
TYPES OF DEPRESSANTS
A.1 Narcotics
• The term narcotic basically refers to drugs that produce a depressant effect on the CNS.
• Medically they are potent pain killers, cough suppressant and active component of anti- diarrhea
preparations.
OPIUM & ITS DERIVATIVES
A.1.1 Opium
• It is derived from the Oriental poppy plant papaver somniferum
• Raw opium is dark brown in color and is bitter in taste
• Street name: "gum", "gamot", "kalamay" or "panocha".
A.1.2 Morphine
• 6X stronger than Opium
• It is the most important alkaloids and constitutes about 10 % of the use raw opium
• Friedrich Sertuner, isolated morphine from opium
• Street Name: M. Dreamer, Emma, Emsel, Pulbos
A.1.3 Heroin
• Most commonly abused narcotic in the world.
• It was discovered by Alder Wright (1896)
• Most powerful derivatives of Opium, bitterer and commonly injected.
• Physicians immediately began to use heroin to cure morphine and opium addiction and called as
“Miracle Drug"
• Street Name: Name: BLANCO, BROWN, SUGAR, KABAYO, KENGKOY, GAMUT, MATSAKO, PULBOS,
SAPSAP. TINIK
A.1.4Codeine
• Also known as Methylmorphine.
• Its effect is weaker in intensity Cough preparations.
• Street Name: School Boys
A1.5 Methadone
• A synthetic narcotic used as treatment of heroin dependence but also fallen to abuse.
• Other than methadone, other most commonly top known synthetic opiate substitute are meperidine
word means
• (demerol) and darvon.
A.2 Barbiturates
• Drugs used for inducing sleep in persons plagued with anxiety, mental stress, and insomnia.
• Street Name: LILY, BALA, DOWNERS, YELLOW JACKETS, BLUE HEAVENS
A.3 Seconal
• Sudden withdrawal from these drugs is even more dangerous than opiate withdrawal
A.4 Tranquilizers
• Drugs that calm and relax and diminish anxiety.
• They are used in the treatment of nervous states and some mental disorders without producing sleep
A.5 Volatile Solvents
• Gaseous substances popularly known to abusers as "gas", "teardrops".
A.6 Alcohol
• The king of all drugs with potential for abuse.
• Most widely used, socially accepted and most extensively legalized drug throughout the world.
B. STIMULANTS
• Also known as "Uppers" Drugs which induce alertness, wakefulness, elevated mood, increased speech,
mental and motor activity, relieve fatigue or boredom and decreased appetite.
• e.g. Shabu, Cocaine, Ecstasy

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

RED NOTES 2022 78

 • Natural or synthetic psychoactive drugs that produce reactions such as perceptual alterations and changes
in the state of consciousness.
• They consist of variety of mind-altering drugs, which distort reality, thinking and perceptions of time, sound,
space and sensation.
IMMEDIATE EFFECTS
• Hallucinations/illusions
• Faster heart beat and pulse rate
• Bloodshot Eye/blurred vision/Rapid Eye Movement (REM)
• Dry mouth and throat
• Forgetfulness/inability to think
• Altered sense of time/disorientation
• Impaired reflexes, coordination and concentration
• Acute panic anxiety reaction
• “Food-trip & sleepiness (MJ)
C.1 Lysergic Acid Diethylamide (LSD)
• Derived from the fungus claviceps purpurea which infects wheat. It was discovered by Dr. Albert Hoffman
while working in a Swiss Pharmaceutical company.
• Known on the street as "acid", it is the best known and most powerful hallucinogens. Street name: XTC,
ADAM, ESSENCE, HERBALS, E.
C.2 Mescaline
• Aka STP which stands for serenity- tranquility- peace a drug derived from the dried tops of the peyote
cactus, a small cactus native to Mexico.
• Street Name: CACTUS, BUTTONS, BEAN
C.3 Psilocybin
• hallucinogenic compound obtained in mushroom, psilocybe Mexicana
• Street Name: MAGIC MUSHROOM
C.4 Phencyclidine (PCP)
• considered as a danger and highly dangerous drug because it can be easily synthesized
• It is popularly known as angel dust.
C.5 Marijuana (Cannabis Sativa L)
• Marijuana is a Mexican term meaning pleasurable feeling.
• It is the world's oldest cultivated plant started by the Incas of Peru.
• It was also known that marijuana was a “sacred tree" in the belief of the Assyrians being used during
religious rituals – some 9,000 B.C.
• The flowering tops of both male and female plant produce a sticky resin which contains
Tetrahydrocannabinol or THC.
• Street Name: Mary Jane, MJ, Flower, Pampapogi, Brownies, Damo, Pot, Joint, Dope

VARIOUS TEST FOR DANGEROUS TEST

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

DEFINITION OF TERMS

DRUG
–Any substance that enters the human body and can change either the function or structure of the human organism.

MEDICINES
– Drugs used in the diagnosis, cure, treatment, and prevention of disease or for the relief of pain or discomfort.

THERAPEUTICS
-Use of drugs in treating and preventing disease and in preserving health.

DRUG ABUSE
-Deliberate or unintentional continuous of mind changing chemical substances usually for reasons other than
legitimate medical purposes, that results in any degree of physical, mental.

ABSTINENCE
- Cessation of use of a psycho-active substance previously abused, or on which the user developed drug dependence.

RED NOTES 2022 79

DRUG DEPENDENCE
-Term relates to physical or psychological dependence or both.
- Impaired control over drug-taking behavior is implied.

DRUG ADDICT
- Person who is physically dependent on one or more psycho-active substances, or whose long term use has produce
tolerance, who has lost control over his intake, and would manifest withdrawal symptoms if discontinuance were to
occur.

DRUG ADDICTION
-A chronic disorder characterized by the compulsive use of a substance resulting in physical, psychological, or social
harm to the user and continued use despite of that harm.

OVERDOSE
- The inadvertent of deliberate consumption of much larger doses that the habitually used by the individual in question
and resulting in serious toxic reaction or death.

POLY DRUG ABUSE

- Use of two or more psycho-active substance in quantities and with frequencies that cause the individual significant
physiological, psychological, or sociological distress or impairment.

REHABILITATION
-Restoration of an optimum state of health by medical, physical, psychological, social and peer group support for a
chemically dependent person and his significant others.

TOLERANCE
-Physiological adaptation to the effects of drugs so as to diminish the effects with constant dosages or to maintain the
intensity and duration of effects through increased dosage.

TREATMENT
-Application of planned procedures to identify and change patterns of behavior that are mal-adoptive, destructive,
health injuring or to restore appropriate levels of physical, psychological or social functioning.

CLANDESTINE LABORATORY
-Any facility used for the illegal manufacture of any dangerous drug.

CULTIVATE OR CULTURE
-Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is
source of a dangerous drug.

ADMINISTER
-Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection,
inhalation, ingestion or other means.

CHEMICAL DIVERSION
-Sale, distribution, supply or transport of legitimately imported, in transit, manufactured or procured controlled
precursors and essential chemicals.

DELIVER
-Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without
consideration.

DEN, DIVE, RESORT

-Place where any dangerous drug and essential chemical is administered, delivered, stored for illegal purposes.

DRUG SYNDICATE
-Any organized group of two or more persons forming or joining together with the intention of committing any offense
prescribed in RA 9165.

PRACTITIONER
-Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or
pharmacist in the Philippines.

ILLEGAL TRAFFICKING
-Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale trading, transportation,
distribution, importation, exportation and possession of any dangerous drugs.

PLANTING OF EVIDENCE
-Willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act any dangerous drugs in the person, house, effects or in the immediate vicinity of an
innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of RA
9165.

RED NOTES 2022 80

PUSHER
-Any person who sells, trades, administers, dispense, delivers or gives away to another, distributes, dispatches in transit
or transports dangerous drugs or who acts as a broker.

USE
-Any act of injecting, intravenously or intramuscularly, of consuming any dangerous drugs.

CONFINEMENT
- Refers to the residential treatment and rehabilitation of trainees, clients and patients in a center.

CONFIRMATORY TEST
- An analytical test using a device, tool or equipment with different chemical or physical principle that is more specific
which will validate and confirm the result of the screening test.

CONTROLLED DELIVERY
-The investigative technique of allowing an unlawful consignment of any dangerous drug, essential chemical to pass
into, throughout of the country under the supervision of an authorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drug related offense.

DISPENSE
-Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

DRUG DEPENDENT
-Refers to a person suffering from drug dependence.

FINANCIER
- Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under
RA 9165.

INSTRUMENT
- Anything that is used or intended to be used, in any manner, in the commission of illegal drug trafficking or related
offenses.

LABORATORY
-Refers to the facility of a private or government agency that is capable of testing a specimen to determine the presence
of dangerous drugs

PROTECTOR/CODDLER
- Any person who knowingly and willfully consents to the unlawful acts provided in RA 9165 and uses his/her influence,
power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows or has
reasonable grounds to believe on or suspects, has violated the provisions of RA 9165 in order to prevent the arrest,
prosecution and conviction of the violator.

SCREENING TEST
-A rapid test performed to establish potential/presumptive positive result.

TRADING
-Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals
using electronic devices, or acting as a broker in any such transactions whether for money or any other consideration.

THE PHILIPPINE ANTI DRUG EFFORTS

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

PDEA was created upon enactment of RA 9165 in 2002

❑ Signed June 7, 2002
❑ Published June 19, 2002
❑ Took effect July 4, 2002

• Creation of The new Dangerous Drugs Board (DDB) as the policy and strategy formulating body.
• The Philippine Drug Enforcement Agency (PDEA) as its implementing arm.
• In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director General of PDEA.
• On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director General vice Anselmo Avenido.
• In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as PDEA Director General vice Gen. Dionisio R.
Santiago (Ret).

RED NOTES 2022 81

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

EXECUTIVE ORDER NO. 218

“Strengthening the support mechanism for the Philippine Drug Enforcement Agency”
• issued on June 18, 2003 by President Gloria Macapagal Arroyo.
• Creation of Task Forces: The Office of the President, the PNP, and other agencies which were performing
drug law enforcement and prevention function prior to the enactment of RA 9165 shall organize anti-drug
forces to support the PDEA.

• The PDEA shall exercise operational supervision and provide technical support to the main task force
created by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency

 Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on any dangerous drug and/or
controlled precursor and essential chemicals
• Serves as the implementing arm of the Dangerous Drug Board (DDB).
• Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in RA 9165.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

• Headed by Director General with the rank of Undersecretary, appointed by the President.
• The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary,
1 for Operations and 1 for Administration, also appointed by the President.

POWERS AND DUTIES OF PDEA

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

DANGEROUS DRUGS BOARD (DDB)

• Created by virtue of Republic Act 6425 otherwise known as Dangerous Drugs Act of 1972
subsequently repealed by RA 9165.
• the policy-making & strategy-formulating body in the planning & formulation of policies & programs on drug
prevention & control.
• It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention
and control strategy.
•
COMPOSITION
• DDB composed of 17 members wherein 3 of which are permanent members, the other 12 members are ex-
officio capacity and 2 regular members.

THREE (3) PERMANENT MEMBERS

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

TWELVE (12) EX- OFFICIO MEMBERS

• Secretary or representative of the following Department:

• DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,

RED NOTES 2022 82

 • Chairman CHED, NYC
• Director General - PDEA

TWO (2) REGULAR MEMBERS

• President of Integrated Bar of the Philippines (IBP).

• Chairman or President of a non- government organization involved in dangerous drug campaign to be
appointed by the President.

Note: The Director of NBI and Chief, PNP are the permanent consultant of the DDB.

DRUG MULES or “DRUG COURIERS”

-Are individuals who transport dangerous drugs in exchange for a huge amount of money, depending on the amount
of drugs to be delivered and the route/distance to be traveled.

-Women are usually targeted by syndicates since they generally generate mild suspicion from authorities and the
female body has more cavities possible to insert the drugs in, therefore posing less detection risk.

Methods of Concealment

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

Factors contributing to the drug courier problem

1. Filipinos are usually enticed by the offer because of the syndicates’ promise of love/marriage, as have been recorded
in several arrests involving Filipina drug couriers. Others are lured by the opportunity to travel and the promise of a
comfortable life while others want a high-paying job and easy money.

2. The drug courier problem can also be attributed to the (1) The prevalence of poverty, (2) Poor educational
background, (3) Easy money, (4) Unemployment and 95) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010 by virtue of Administrative Order
No. 279. It is an inter-agency team tasked in the deterrence, prevention and protection of Filipinos from being
victimized as drug couriers by international drug trafficking syndicates.

The Task Force is composed of 13 agencies, chaired by the Philippine Drug Enforcement Agency and co-chaired by the
Department of Foreign Affairs with the following agencies as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary

MODUS OPERANDI (MO)

• Couriers are usually recruited by casual acquaintances they meet in key cities here or abroad, mostly fellow
Filipinos connected to drug syndicates like the African Drug Syndicate (ADS), offering plane tickets, hotel
accommodation and huge amounts of money.
• In some instances, members of syndicates befriend/marry potential recruit then later turn him/her into a
courier or cohort. On the other hand, unwitting victims were duped by acquaintances into carrying packages
in exchange for money, not knowing that drugs were placed inside.
• Couriers may also be recruited through the internet and social networking sites like Facebook, MySpace,
Tagged, etc. Syndicates also engage in travel & tours businesses/agencies to arrange airline and hotel
bookings of the couriers and use fraudulent documents/fake credit cards.
• The ADS is believed to be behind the alarming increase of Filipino drug couriers arrested abroad. They deliver
drugs to their connections in different points around the world by employing drug couriers to prevent the risk
of getting caught themselves. They also use Filipinos as cohorts to recruit fellow OFWs.
• The ADS is an international syndicate involved in drug trafficking and cyber crimes.

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

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THE FOUR PILLARS OF ANTI-DRUG CAMPAIGN

1. Drug Supply Reduction Drive

✓ Reduce the supply of drugs
✓ Drive the prices high and create acute shortage of drugs
✓ Neutralize sources of drugs

2. Drug Demand Reduction Drive

✓ Reduce the demand side of the drug chain
✓ Concentrates on anti-drug advocacy efforts – public information and treatment and rehabilitation
✓ Targets non-users, casual drug users and addicts/recovering persons

3. Alternative Development/Reform Programs

✓ Development/livelihood program
✓ Education program
✓ Family solidarity/development program
✓ Good governance program
✓ Legal reforms

4. International Cooperation
✓ Neutralize transnational drug syndicates
✓ Minimize drug trafficking to and from the country
✓ Exchange of information and technologies
✓ Multilateral, regional, sub-regional and bilateral assistance and cooperation

COMPARISON OF RA 6425 AND RA 9165

RA 6425 OF 1972 RA 9165 OF 2002
1. Dangerous drugs are categorized as Regulated & All drugs are categorized as Dangerous Drugs
Prohibited
2. Accused can avail of Parole, Pardon and Probation These privileges are curtailed
3. Planting of evidence as a violation applies only to Law Applies to any person
Enforcers
4. Penalties are lower Penalties have increased
5. Quantity & quality of drugs are considered in the It does not consider quality as basis for the imposition of
imposition of penalties penalty
6. Procedures after arrest & confiscation of drugs do not Procedure after arrest & confiscation of drugs has
involve other personalities become complicated it requires the presence of other
personalities
7. Destruction of Drugs is done in bulk Destruction Procedures on Dangerous Drugs happens
immediately except retained samples

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

PLEA-BARGAINING PROVISION (SEC. 23)

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

Is plea bargaining allowed in drug cases?

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

"A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases).
- On August 15, 2017, an En Banc Decision in G.R. No. 226679 — Salvador Estipona, Jr. vs. Hon. Frank E.
Lobrigo was rendered whereby Section 23 of Republic Act No. 9165, or the Comprehensive Dangerous
Drugs Act of 2002, was declared unconstitutional for being contrary to the rule-making authority of the
Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution

PLANTING OF EVIDENCE (SEC. 29) ANY PERSON who is found guilty of "planting" any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of DEATH. (Life
Imprisonment)
AUTHORIZED DRUG TESTING

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 Authorized drug testing shall be done by any government forensic laboratory or by any of the drug testing
accredited and monitored by the DOH to safeguard the quality of test results.
• The drug testing shall employ, among others, two (2) testing methods.
• Drug test certificates issued by accredited drug testing centers shall be valid for a one year period from the
date of issue which may be used for other purposes.

MANDATORY DRUG TESTING

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

RANDOM DRUG TESTING

A. Students of secondary and tertiary schools
B. Officers and employees of public & private offices
LABORATORY EXAMINATION OF APPREHENDED OFFENDERS (SEC. 38)
If the apprehending or arresting officer has reasonable ground to believe believe that the person apprehended
or arrested, on account of physical signs or symptoms or other visible or outward manifestation is under the influence
of dangerous drugs.
A. 24 hours subject to screening laboratory examination
B. 15 days- results of the screening laboratory examination or test shall be challenged after receipt of the
result through a confirmatory test

JURISDICTION OVER DANGEROUS DRUG CASES

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

APPLICATION FOR PROBATION

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

PROCEDURE TO BE FOLLOWED IN VIOLATION OF RA 9165

• Regional Trial Court (RTC)- Holds the Jurisdiction of Violations of RA 9165
• 30 days- Conduct of Preliminary Investigation
• 24 hours-filling of information
• 48 hours- Filling of information of the MTC judge who conduct Pl to the proper prosecutor.
• 15 days-Termination of the reinvestigation when prosecutor disagree to the MTC judge.
• 60 days- Trial period of the case
• 15 days- Decision shall be rendered 15 days- If no appeal was taken the decision shall become final.
DRUGS INVESTIGATION PROCESSES
A. Initial Investigation
• Gathered information by personnel and from other sources - processing
• Use of informants or special agent (counter surveillance)
• Casing
• Tests Buy
• Entrapment/Poseur buying/buy bust operation

NOT INSTIGATION PROCEDURES:

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

REPUBLIC ACT 9165

Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002

UNLAWFUL ACTS AND PENALTIES UNDER RA 9165

Section 4. Importation of Dangerous Drugs

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

Importation of any Controlled precursor and essential chemicals

Penalty:
Imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
Hundred Thousand pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00)

Sec 4 "protector/coddler" of any violator of the provisions under this Section.

penalty

-twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of

Dangerous Drugs
Penalty

-life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

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

penalty

–life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

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

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

12 years and 1 day to 20 years (100,000.00 to 500,000.00).

- (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

- (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of
the place as such and shall knowingly visit the same.

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

- Penalty for Manufacture of Dangerous drugs- life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)

- Penalty for manufacture any controlled precursor and essential chemical - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00)

Note:
- The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any dangerous drug.

Sec 11. Possession of Dangerous Drugs

- Possession of Dangerous Drugs regardless of purity- penalty provided life imprisonment and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or oil, and other
dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana

Penalty-Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php 400,000.00 to Php
500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams

Penalty- imprisonment of 12 years and 1 day to 20 years and a fine ranging from Php 300,000.00 to Php 400,000.00

-If the quantity of dangerous drugs are less than 5 grams.

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- If the quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs

Penalty

-A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six (6) months but not exceeds one year rehabilitation in a government
center for the first offense.

- If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where
the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

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

Penalty

- Life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)

Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from P100,000.00 to P500,000.00 shall
be imposed upon any person, who acts as a “protector/coddler of any violator of the provisions of Sec. 16…..

Section 18. Unnecessary Prescription of Dangerous Drugs. –

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations of practitioners, particularly those
who are involved in the care of persons with severe pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

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

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated,
seized and/or surrendered, for proper disposition in the following manner:

The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;

-Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;

- A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s.
- That a final certification shall be issued on the completed forensic laboratory examination on the same within the
next twenty-four (24) hours

After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection
of the confiscated, seized and/or surrendered dangerous drugs, and controlled precursors and essential chemicals,
including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall:

within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the DOJ, civil society groups and any elected public official

Section 28 – Criminal Liability of Government Officials and Employees.

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- The maximum penalties of the unlawful acts provided in the Act shall be imposed, in addition to absolute perpetual
disqualification from any public office, if those found guilty of such unlawful acts are government officials and
employees.

Section 29. Criminal Liability for Planting of Evidence

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

Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or for treatment
and rehabilitation of the drug dependency. The Board shall bring forth the matter to the Court which shall order that
the applicant be examined for drug dependency.

If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by
the Board for a period of not less than six (6) months.

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program.

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

Dangerous Drug Test Requirements

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

The following shall undergo random drug testing:

1.students of secondary and tertiary schools;
2. officers and employees of public & private offices.

SUPREME COURT DECISIONS

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

Responsibility and liability of law enforcement agencies in testifying as Prosecution Witness in

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

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

– Any government officer or employee tasked with the prosecution of drug-related cases under this act, who, through
patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1)

RED NOTES 2022 88

day to twenty (20) years without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal
Code.

Non-applicability of the Probation Law for Drug Traffickers and Pushers. – cannot avail of the privilege
granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003

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

Pre-Operations

-Operating Unit to submit to PDEA, the pre-operations report, indicating details such identity, area of operation,
composition, tactics and equipment of the operating unit and duration of the operation. Also includes the information
on the suspect/s.

-Certification of Coordination – prepared by PDEA given to the operating unit which submitted a pre-operations report.

Exemption of submission of Pre-Operations Report:

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

Signatories to the Pre-Operation Report

- signed by the Team Leader.

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

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

Different Forms of Vices:

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

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

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

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

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

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

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

SOME PROBLEMS ARISING FROM ALCOHOLISM

a) Loss of employment which can lead to financial problems;
b) Marital Conflict and contribute to domestic violence;

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c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public disorder (Alarm
and Scandal).

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

FORMS OF CHEMICAL AND SCIENTIFIC TESTS OF INTOXICATION

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

THE BLOOD-ALCOHOL TEST

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

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative Circumstances.
- It is considered a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the
same is not habitual.
- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

PROSTITUTION
-act or practice of providing sexual services to another person in return for payment.
-is the exchange of money for the performance of sexual act.

PROSTITUTE
-Customarily used, to refer to a female person who engages in sex in exchange for money as profession.

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

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

PHILANDER
-Is a serial cheater who betrays his spouse or long term partner repeatedly;

-The term usually refers to men (obviously, women have also been known to carry on affairs).

VAGRANTS AND PROSTITUTES (under RPC)

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

PROSTITUTES –
women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Republic Act No. 10158

Sgned last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from the country's list
of crimes amid concerns it only targets the poor and the disadvantaged.

Although the poor or homeless people can no longer be hauled to jail for vagrancy, the new law continued to penalize
women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual intercourse or lascivious
conduct."

RED NOTES 2022 90

A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not exceeding P200.

In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in its minimum
period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all persons serving
sentence for violating the vagrancy law shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

RA 7610, as amended, (Special Protection of children against child abuse, exploitation and discrimination
Act)

- Penalizes those who engage in or promote, facilitate or induce child prostitution, who commit the act of sexual
intercourse or lascivious conduct with a child exploited in prostitution and who derived profit on advantage
therefrom, whether as a manager or owner of the establishment.
-penalty of reclusion temporal in its medium period to reclusion perpetua

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

ILLEGAL NUMBERS GAME

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

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

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

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

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

COLLECTOR or AGENT (Cabo, Cobrador)

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

MAINTAINER, MANAGER OR OPERATOR

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

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

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

RELATED LAWS ON GAMBLING

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

Article 195 of RPC. (Penalty)

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

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

Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any object or article
of value or representative of value upon the result of any boxing or other sports contest.

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-The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races

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

Article 199 (RPC). Illegal cockfighting –

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

RA 3063 – Approved June 17, 1961

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

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

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents. Approved on June
13, 1974.

PD 1602 – Approved June 11, 1978.

prescribing stiffer penalties on illegal gambling.

RA 9287 – Approved 2, 2004

An Act increasing the penalties for illegal numbers games, amending certain provisions of P.D. 1602, and for other
purposes.

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 CDI 6: FIRE TECHNOLOGY AND ARSON INVESTIGATION

FIRE
• a rapid, self-sustaining oxidation process accompanied by the evolution of heat and light of varying intensity
• an active chemical reaction that takes place between fuel, heat and oxygen in the form of light and
noticeable heat
• a chemical reaction; the rapid oxidation of a fuel producing heat and light
• an oxidation taking place with a rate rapid enough to produce heat and light

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

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
• anything that will burn when heated with sufficient oxygen
OXYGEN
• aids in combustion; comes from the atmosphere we breath; the atmosphere contains: 21% oxygen, 78%
nitrogen and 1% impurities
HEAT
• source of ignition
TRIANGLE OF FIRE
• For many years, the fire triangle (oxygen, fuel and heat) was taught as the components of fire. While this
simple example is useful, it is NOT technically correct.
TETRAHEDRON OF FIRE
• a geometric representation of what is required for fire to exist, namely, fuel, an oxidizing agent, heat, and
an uninhibited chemical reaction.
FIRE TETRAHEDRON
• Oxygen (oxidizing agent)
• Fuel
• Heat
• Self-sustained chemical reaction
Each component of the tetrahedron must be in place for combustion to occur. Remove one of the four components
and combustion will not occur. If ignition has already occurred, the fire is extinguished when one of the components is
removed from the reaction.

OXYGEN (Oxidizing Agent)

a colorless, odorless gas and one of the compositions of air which is approximately 21% percent by volume
Oxygen sources: Oxygen requirements:
1. 21% of normal oxygen 1. 12% no fire
2. 78% nitrogen 2. 14% flash point
3. 1% other gases 3. 21% fire point

FUEL
the material or substance being oxidized or burned in the combustion process.
Fuel sources
1. Solid
- molecules are closely packed together
2. Liquid
- molecules are loosely packed
3. Gas
- molecules are free to move
HEAT
the energy component of the fire tetrahedron
when heat comes into contact with a fuel, the energy supports the combustion reaction
heat energy is measured in units of Joules (J), however it can also be measured in Calories (1 Calorie = 4.184 J) and
BTU's (1 BTU = 1055 J)

TEMPERATURE
- a measure of the degree of molecular activity of a material compared to a reference point
- a measure of the degree of molecular activity of a material compared to a reference point
- measured in degrees Farenheit or degrees Celsius

ºC ºF Response
37 98.6 Normal human oral/body temperature
44 111 Human skin begins to feel pain
48 118 Human skin receives a first degree burn injury
55 131 Human skin receives a second degree burn injury
62 140 A phase where burned human tissue becomes numb
72 162 Human skin is instantly destroyed
100 212 Water boils and produces steam
140 284 Glass transition temperature of polycarbonate

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230 446 Melting temperature of polycarbonate
250 482 Charring of natural cotton begins
300 572 Charring of modern protective clothing fabrics begins
600 1112 Temperatures inside a post-flashover room fire

Types of Energy (common sources of heat)

1. CHEMICAL ENERGY
the most common source of heat in combustion reactions
When any combustible is in contact with oxygen, oxidation occurs. The reaction of this process results in the
production of heat.
ex. Heat generated from burning match, self heating (spontaneous heating)
2. ELECTRICAL ENERGY
- can generate temperature high enough to ignite any combustible material near the heated area.
Examples:
• over current or overload
• arcing
• sparking
• static
lightning
3. NUCLEAR ENERGY
generated when atoms either split apart (fission) or combine (fusion)
Ex.
1. fission heats water to drive steam turbines and produce electricity
2. solar energy is a product of a fusion reaction
4. MECHANICAL ENERGY
an energy created by friction and compression
Heat of friction - the movement of two surfaces against each other, thus producing sparks
Heat of compression - heat is generated when a gas is compressed in a container or cylinder

SELF-SUSTAINED CHEMICAL REACTION

Combustion is a complex reaction that requires a fuel (in the gaseous or vapor state), an oxidizer, and heat
energy to come together in a very specific way. Once flaming combustion or fire occurs, it can only continue when
enough heat energy is produced to cause the continued development of fuel vapors or gases. Scientists call this type
of reaction a “chain reaction”.
A chain reaction is a series of reactions that occur in sequence with the result of each individual reaction being
added to the rest.
The process of PYROLYSIS
• With all elements of fire present, combustion takes place.
• Before a fuel will burn, it must be changed to its vapour state.
• This change usually results from the initial application of heat known as PYROLYSIS. \
• Pyrolysis (thermal decomposition) - “chemical decomposition of matter through the action of heat”. In this
case, the decomposition causes a change from a solid state to vapour state. Of the vapour mixes sufficiently
with air and heated to high temperature, combustion results.

Combustion - is a self – sustaining chemical reaction producing energy or products that cause more reactions
producing energy or products that cause more reactions of the same kind. Commonly known as burning.
Spontaneous Combustion:
- It is a phenomena in which a combustible materials generates or produces heat because of internal chemical action
(oxidation) and eventually ignites without any exposure to external sources of fire, spark or abnormal heat.
Materials prone to spontaneous combustion:
A. Coal E. grain
B. Dust F. other plant products
C. Flour G. porous materials such as
D. Hay rags, paper, etc. soaked in oil.
Flame - The luminous body of a burning gas. It is the manifestation of fire when the fire is in its gas phased
combustion.
Types of Flame
A. Based on Colour and Completeness of Combustion
Luminous Flame – is an orange-red, deposit soot at the bottom of a vessel being heated due to incomplete
combustion and has a low temperature.
Non-Luminous Flame – is blue, there is complete combustion of fuel and has relatively high temperature. It does
not deposit soot because it is a product of complete combustion

B. Based on Fuel and Air Mixture

Premixed Flame – is exemplified by a Bunsen-type laboratory burner where hydrocarbon (any substance
containing primarily carbon and hydrogen) is thoroughly mixed with air before reaching the flame zone.
Diffusion Flame – is observed when gas (fuel) alone is force through a nozzle into the atmosphere which diffuses
in the surrounding atmosphere in order to form a flammable mixture. The flame of the oxyacetylene torch (diffused –
dispersed, widely spread)

FIRE DEVELOPMENT

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

Stages of Fire
1. IGNITION
describes the period when the four elements of the fire tetrahedron come together and combustion begins.
2. GROWTH
shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops, it begins to draw or
entrain air from the surrounding space into the column.
3. FLASHOVER
the transition between the growth and the fully developed fire stages and is not a specific event such as ignition.
During flashover, conditions in the compartment change very rapidly as the fire changes from one that is dominated
by the burning of the materials first ignited to one that involves all of the exposed combustible surfaces within the
compartment.
4. FULLY-DEVELOPED
occurs when all combustible materials in the compartment are involved in the fire
5. DECAY
as the fire consumes the available fuel in the compartment, the rate of heat released begins to decline.

THREE (3) STAGES OF FIRE

1. INCIPIENT STAGE
- initial stage of fire
Characteristics
- normal room temperature
- oxygen plentiful
- thermal updraft rise accumulates at higher point
- temperature at 1000 F
- Producing C02, CO, SO2, water and other gases
2. FREE BURNING PHASE
- a phase of burning in which materials or structures are burning in the presence of adequate oxygen
Characteristics
- fire has involved more fuel
- oxygen supply has depleted
- heat accumulates at upper area
- temperature exceeds 1,330 F
- area is fully involved
3. SMOLDERING PHASE
- final phase of burning wherein flame ceases but dense smoke and heat completely fill the confined room

MODES OF HEAT TRANSFER

Heat is by-product of combustion that is of significant importance to the firefighter. It is heat that causes fire to
sustain its combustion and, more important, to extend. When heat given off as a product of combustion is exposed
to an unheated substance, certain changes occur that can make the new substance a contributing factor in extending
a fire.
1. CONDUCTION
- heat transfer within solids or between contacting solids
2. CONVECTION
- heat transfer by the movement of liquids or gasses
3. RADIATION
- heat transfer by electromagnetic waves.
The last form of heat transfer occurs by radiation. As we have already seen, heat energy can be transmitted directly
when molecules collide with one another and cause the waves of heat energy to travel.

TYPES OF FIRE EXTINGUISHER

H20 Fire Extinguisher
- extinguisher filled with water
- use for Class A and Class B fires EXCEPT class C fires
Liquefied Fire Extinguisher
- extinguishers that contain Carbon Monoxide Gas
- use for class A, B, and C fires
Dry Chemical Extinguisher
- Extinguisher that contain chemical powder
- proposed to fight all classes of fires

Foam Extinguisher

- Extinguisher that contains sodium bicarbonate and a foam-stabilizing agent in a larger compartment and a
solution of aluminum sulfate in an inner cylinder; reaction between the two solutions forms a stabilized foam
of carbon dioxide bubbles.

Soda-acid Fire Extinguisher

- Filled with sodium bicarbonate mixed with water.;

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 - A small bottle of sulfuric acid is suspended inside (near the top) in such a way that when the extinguisher is
turned up-side-down, the acid mixes with sodium bicarbonate;
- Carbon dioxide is formed by the reaction which results to the building of pressure inside the extinguisher; this
pressure forces the water solution out from the container through a hose.

Dry Chemical

- Mixtures of powders and various additives that improve the storage, flow, and water repellency of the powder
- Sodium bicarbonate, potassium bicarbonate and mono ammonium phosphate are some of the powders
commonly used.
- It is commonly used in inhibiting the chain reaction.

Two types of Dry Chemical

1. Multi-Purpose Dry Chemical- refers to powders use on Class A, B, C fires.

2. Ordinary and regular dry chemical- Powders that are used on Class B or Class C fires.

Dry Powder

- It is used to extinguish combustible metals.

- It extinguishes fire by removing the air from the combustible metal.
- Primarily used on Class D fires.

Aqueous Film Forming Foam (AFFF)

- It has the ability to seal the surface of burning hydrocarbon fires to prevent “Flashback”.
- It is designed for use with fresh water at a 6 % mixture.

- It is generally used in Class B fires and may be applied also to Class A but less effective.

6. HALONS

- It is a generic term for halogenated hydrocarbons and its chemical compound that contains carbon and one
element from the halogens series.

- HALON 1211 or Bromochlorodifluoromethane which discharge partly gas and liquid,

- HALON 1301 or bromotrifluoromethane is the least toxic of the Halons.

- Halogenated Agents are effective on Class B and Class C.

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

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

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

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

CLASSIFICATIONS OF FIRE
I. BASED ON CAUSE
a. Natural fire/ providential
b. Accidental fire
c. Intentional Fire/Incendiary
d. Undetermined

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

II. BASED ON BURNING FUEL

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

Classes in the United Kingdom and Europe

A – ordinary combustibles
B – flammable or flammable liquids
C – flammable gasses
D – combustible metals
E – (this class is no longer existing in Europe)
F – cooking oils and fats

Fire Classes in Australia and Asia

A – everyday combustibles
B – combustible or combustible liquids
C – combustible gasses
D – combustible metals
E – electrical equipment
F – cooking fats and oils

Fire Classes in the U.S.A. (NFPA)

A – regular combustibles
B – flammable liquids and gasses
C – electrical appliances

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D – combustible metals
K – cooking oils and fats

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

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

Strategies Used in Firefighting:

• Locate the fire
• Confine the fire
• Extinguish the fire
• Exposures
Factors to Consider in Extinguishment:
• Time
• Weather (temperature, humidity, wind)
• Fire ( ex. Extent, location, bldg. construction, contents involved)
• Occupancy
• Ventilation (used for clearing the bldg of smoke and gases)

Types of Ventilation:
1. Vertical ventilation - must be worked from the top to bottom
2. Cross or horizontal ventilation - used if gases have not reached the higher level through the opening of
windows
3. Mechanical force ventilation - a method whereby a device such as smoke ejector is utilized to remove
faster excessive heat and dense smoke
Factors to determine the location for the opening:
• Location of intensity of fire
• Highest point on the roof
• Direction of wind
• Existing exposure
• Extent of fire
• Obstruction
•
ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE
RESCUE - any action taken by the firefighters to remove occupants/ persons from building/ hazards to a safety place
OVERHAUL - a complete and detailed checked of the structures and materials involved in the fire to make sure that
every spark and ember has been extinguished and to have assurance against re-ignition
SALVAGE - an action taken by the firefighters in preventing excessive damage by fire, water with the use of salvage
cover or by removing materials out from the burning building

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

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

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2. Aerial Ladder – it is mounted on a turntable, capable of extending up to 100 feet, it may have 3 or 4 metal fly sections
of ladder that can be raised or lowered by hydraulically controlled cables.

Various Kinds of Aerial Ladder

A. Hydraulic Aerial Ladder

B. Elevating Platform (Articulated Boom)

LADDER TERMINOLOGY
1. Bed ladder - the lowest section of an extension ladder
2. Fly ladder - the top section of an extension ladder
3. Butt - the bottom end of a ladder
4. Heel - the part of the ladder that touches the ground
5. Halyard - a rope or cable used to raised the fly ladder

6. Pawl or dog - the mechanism located at the end of the fly ladder that locks to the bed ladder
7. Rung - the cross member of the ladder that is used for climbing
8. Top or tip - it is the top part of the ladder
9. Hooks - part of a ladder that is used to hook over a roof peak, sills, or walls where the heel does not rest
on a foundation. (roof type ladders)
10. Stops - made of metal or wood blocks used to prevent the fly of an extension ladder from extending out
further from the ladder
11. Guides - light metal strips of an extension ladder that guides the fly ladder while it is being raised or
lowered
12.
FIRE DETECTION SYSTEM
The primary purpose of fire detection system is to discover a fire when it is in its earliest phase and to
respond by activating an alarm.

Factors in selecting a fire detector

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

ARSON INVESTIGATIVE GUIDE AND PROCEDURES

ARSON
- the willful and malicious burning of all kinds of buildings and structures including personal properties
- The crime of maliciously and intentionally, or reckless, starting a fire or causing an explosion.
- It comes from the Greek word “ARSIO” meaning to burn.

INVESTIGATION
- an art that deals with the identity and location of the offender and provides evidence of his guilt in criminal
proceedings
ELEMENTS OF ARSON

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 • Actual burning took place
• Actual burning is done with malicious intent
• The actual burning is done by person(s) legally and criminally liable

LAW AND JURISPRUDENCE

The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal Code, as amended
by PD No. 1613, PD No. 1744, and Sec. 50 Rule VIII IRR of RA 6975 which provides that the Bureau of Fire
Protection (BFP) shall have the power to investigate all causes of fires and, if necessary, file the proper complaint
with the City/Provincial prosecutor who has jurisdiction over arson cases.
LAWS ON ARSON
1.Article 320 – 326 of the Revised Penal Code defines arson, its forms and penalties
2.PD 1613 – the law amending the law on arson defining the prima facie evidence of arson
3. RA 7659- An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that purpose the Revised
Penal Code as amended, other special laws, and for other purposes
4.RA 6975 Sec. 54- provides that the Fire Bureau shall have the power to investigate all causes of fires and if
necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over the case

What Constitutes Arson?

1. Burning - to constitute burning, pyrolysis must take place. In other words, there must be burning or changing,
i.e. the fiber of the wood must be destroyed, its identity changed.
2. Willfulness – means intentional and implies that the act was done purposely and intentionally
3. Malice – denotes hatred or ill will or a desire for revenge; deliberate intention of doing unjustified harm for the
satisfaction of doing it
4. Motive – the moving cause which induces the commission of a crime; something that leads or influences a
person to do something
5. Intent – the purpose or design with which the act is done and involves the will; an essential element of crime,
motive is not
ELEMENTS OF ARSON
• Actual burning took place
• Actual burning is done with malicious intent
• The actual burning is done by person(s) legally and criminally liable
• Basis and Extent of Criminal Liability in Arson
• Kind and character of the building
• Its location
• Extent of damage of value
• Its state of being inhabited or not
Stages in the Commission of Arson
A. Attempted Arson
• A person intending to burn a wooden structure, collects some rags, soaks them in gasoline and places them
beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is
discovered by another who trailed him away.
• The crime committed is attempted arson, because the offender begins the commission of the crime directly
by overacts (placing the rags soaked in gasoline beside the wooden wall of the building and lighting a
match) but he does not perform all the acts of execution (the setting of the fire to the rags) due to the
timely intervention of another who chases away) the offender.
B. Frustrated Arson
• The fact of having set fire to some rags and soaked in kerosene oil and placed near the partition of the
entire soil of an inhabited house, should not be qualified as a consummated arson, in as much as no part of
the house had begun to burn, although fire would have started in the said partition had it not been
extinguished on time. The crime committed was frustrated arson.
• The tools used alone are on fire, or a furniture or thing not attached to the building is on fire (U.S. v.
Valdez, G.R. No. L-14128, December 10, 1918)
C. Consummated Arson
• If before the fire was put out, part of the building was burned.
• Setting fire to the contents of a building constitutes the consummated crime of setting fire to a building
even if no part of the building was burned.

PRESIDENTIAL DECREE NO. 1613 - AMENDING THE LAW ON ARSON (AMENDING ARTICLES 320 TO
326-B, RPC)

Who commits Arson?

▪ Anyone who burns or sets fire to the property of another

▪ Anyone who sets fire to his own property under circumstances which expose to danger the life or
property of another (Sec 1. PD 1613)

Destructive Arson (Sec 2. PD 1613)

The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property
burned is any of the following:

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 ▪ Any ammunition factory and other establishment where explosives, inflammable or combustible materials
are stored.

▪ Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.

▪ Any church or place of worship or other building where people usually assemble.

▪ Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property

▪ Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.

▪ Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or building.

▪ Any building, whether used as a dwelling or not, situated in a populated or congested area.

Other Cases of Arson (Sec 3. PD 1613)

The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the property burned is any of the
following:

▪ Any building used as offices of the government or any of its agencies;

▪ Any inhabited house or dwelling;
▪ Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
▪ Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
▪ Any rice mill, sugar mill, cane mill or mill central; and
▪ Any railway or bus station, airport, wharf or warehouse.
Special Aggravating Circumstances in Arson(Sec 4. PD 1613)

The penalty in any case of arson shall be imposed in its maximum period;
▪ If committed with intent to gain;
▪ If committed for the benefit of another;
▪ If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
▪ If committed by a syndicate.
▪ The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or
more persons.
Prima Facie Evidence of Arson (Sec 6. PD 1613)

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

• Physical evidence in arson is often destroyed. To prove, corpus delicti must be shown and the
identity of the arsonist must be established.

• CORPUS DELICTI –body of the crime, the fact that crime was committed It must be shown by the
following.

• Burning – that there was fire which may be shown by direct testimony of complainant, firemen responding
to the crime, other eyewitness. Burned parts of the building may also indicate location.

• Criminal design – must show that it was willfully and intentionally done. The presence of the incendiary
devices, flammables such as gasoline, kerosene, may indicate that the fire was not accidental.

• Evidence of Intent – when valuables were removed before the fire, ill feeling between the accused and
the occupants of the building burned, absence of effort to put out the fire and such other indicators.

BASIC LINES OF INQUIRY IN ARSON INVESTIGATION

I. POINT OF ORIGIN OF FIRE

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 • Initially, the important point to be established is the point of origin of fire. Finding the point where the fire
originated is naturally very important to establishing the cause of the fire.

Techniques and factors considered in determining the point of origin

• Firemen, occupant’s passersby and others who arrived at the fire scene during the early stages of the fire
may provide information relating to the location of the fire in its early stages.

• The obvious presence of “trailers” multiple separate fires, incendiary devices and other suspicious articles
may immediately reveal the origin and cause of the fire, especially in those instances when an attempted
arson has failed because the fire was rapidly extinguished or it “burned out” because the arsonist failed to
properly ventilate it.

• Another technique related to tracing the normal path of the fire to its origin, involves tracing the path of the
burning to its sources by observing the intensity of the destruction and charring of the uprights.

• Origin of the fire can also be traced through the so-called FIRE PATTERNS.

KINDS OF FIRE PATTERNS

• Lines or Areas of Demarcation - These are borders defining the differences in certain heat and smoke
effects of the fire upon various materials. They appear between the affected area and adjacent
unaffected or less affected areas.

• Surface Effect - The nature and material of the surface that contains the fire pattern will have a bearing
on the shape and nature of the pattern itself.

• FIRE LANGUAGE

• Alligatoring – large scales indicate rapid, intense heat.

• Calcinations – refer to the changes that occur during a fire in either plaster or gypsum wall surfaces. It
includes the elimination of water from gypsum to charring the paper surface off the wall board.

• Clean Burn – refers to a fire pattern on surfaces where soot has been burned away.

• Crazing – refers to the cracking of glass into smaller segments of subdivisions in an irregular pattern.

• Depth of char – its value is obtained by measuring the distance from the surface of the original
dimensional wood and comparing this with remaining unburned matter. It indicates the length of the time
that a wooden structural member was exposed to flame. (estimate the duration of a fire.

• Charring – It is an exposure of elevated temperatures in which a material undergoes chemical

decomposition that drives off gases, water vapor, and various pyrolysis products as smoke. Char shrinks as
it forms, and develops cracks and blisters.

• Fusion – Is the change in formation of metals, glass or plastic due to being exposed to high temperatures,
sometimes it is called melting.

• Spalling – Is the breakdown in tensile strength of concrete or brick, usually accompanied by a color
change. Sometimes it causes chipping.

Telltale in Arson

• Burned Building – the type of the building may indicate a set fire under some circumstances. A fire of
considerable size at the time the first apparatus arrive at the scene if it is a modern concrete or semi-concrete
building.

• Separate Fires – when two or more separate fires break out within a building the fire is certainly suspicious.

• Color of smoke – some fires burn with little or no smoke but they are exception. The observation of the
smoke must be made at the start of the fire since once the fire has assumed a major proportion; the value of
the smoke is lost, because the smoke will not indicate the material used by the arsonist.

• Smoke marks – an experience investigator will determine the volume of smoked involved at a fire and the
character as residue deposited on walls or elsewhere. Smoke marks have often been of assistance in
determining the possibility of a fire

• Size of Fire – this is important when correlated with the type of alarm, the time received and the time of
arrival of the first fire apparatus. Fires make what might be termed a normal progress. Such progress can
be estimated after an examination of the material burned the building and the normal ventilation offered to
the fire. The time element and the degree of headway much by the flames become important factors to
determine possible incendiarism.

• Odor – the odor of gasoline, alcohol, kerosene and other inflammable liquids which are often used as
accelerant is characteristic and oftentimes arsonists are trapped because of this tell-tale sign. Most of fire

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 setters are inclined to use substance which will make the blaze certain and at the same time burn up any
evidence of their crime.

• Condition of Content – persons tending to set their house on fire frequently remove objects of value
either materially or essentially. Store and other business establishments oftentimes remove a major portion
of their content or replace valuable merchandise without of style article.

Fire INVESTIGATOR’S responsibility in arson detection

FIRE INVESTIGATOR’S RESPONSIBILITY IN ARSON DETECTION

• The responsibility of a fireman is “arson detection” rather than arson investigation.

• What then the firemen should do when responding to a fire scene?

I. Observing general conditions at the scene of the fire.

A. Upon Approaching the Fire

▪ Observing the elements. The record of a fire should include weather conditions.

▪ Observe persons and automobiles –

▪ Observe color of smoke and flame.

1. color of smoke is a rather reliable indication of the type of fire to be

extinguished.

2. color of flame – substances burning are responsible for both color of smoke
and color of flame.

• When white smoke appears before the water from the fire hose comes in contact with the fire, it indicates
humid material burning. E.g. – burning hay, vegetable materials.

• Biting smoke, irritating the nose and throat and causing coughing indicates presence of chlorine.

• White smoke with yellow flame – indicates burning of humid materials.

▪ Example: burning hay, vegetable matter.

• Black Smoke accompanied by large flame - indicates use of petroleum products or rubber and plastics

• Reddish brown smoke – presence of nitrocellulose sulfur, sulfuric acid, nitric acid, hydrochloric acid.

• Meaning of color of Smoke and Fire:

▪ Red flame – presence of petroleum.

▪ Blue flame – presence of alcohol, aldehyde or ketone.

▪ Biting smoke - irritating to nose and caused coughing indicate presence of chlorine.

▪ Garlic odor smoke – presence of phosphorous.

▪ Heavy brown smoke with bright red flame – Nitrogen products.

▪ White smoke with bright white flame – Magnesium

▪ Black smoke with red and blue flame – Asphalt

▪ Purple or lavender flame – Potassium

▪ Greenish – yellow flame - Chlorine or manganese

▪ Bright reddish yellow flame - Calcium

B. Upon Arrival at the Fire Scene

1. Observe number of separate fires, intensity and rapidity of spread.

• Was there more than one fire burning?

• Were doors fastened in an open position to allow the fire to spread

2. Observe odors and methods required to extinguish flames.

• Odors detected at fire are often of value in determining what flammable substances were present.

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II. Observing condition of building openings at the time of a fire.

1. Find out whether doors and windows are locked.

• The possibility of outsiders having gained entrance Is important.

2. Determine condition of doors, windows and locks.

• The presence of “jimmy marks “on jambs might be indicative of robbery followed by arson to
cover the crime.

3. Observing owners, occupants and bystanders at the time of a fire.

• Observe dress and manner of persons at the fire.

• Look for familiar faces.

2. Look for arson materials and arson equipment.

• “plants”

• “Trailers”

• “Accelerants”

Points on protecting and preserving evidence

1. Evidence remaining at the scene of a fire can be protected in various ways:

• Do overhauling and salvage work carefully.

• Handle evidence as little as possible.

• Place barricades, or rope off area around evidence.

• Have photos taken by a qualified photographer at the scene of the fire when evidence must be
removed.

Determining the Origin and Cause of the Fire

1. The main reason for conducting a post-fire examination

• “Point of origin” of a fire is the location where the fire started.

• The term “area of origin” is sometimes used when fire originates over a large tract or space, or
when the exact point of origin cannot be determined.

• “Multiple points of origin” are said to exist when there is more than one place of beginning.

Evidence Collection

• Physical evidence is any finite or tangible materials, whether in trace or gross quantity, that may assist in
proving the elements of a crime.

• The proper recognition, documentation, collection, analysis and interpretation of physical evidence can
provide valuable information to the investigation.

• These are mute evidence but they speak for themselves and they don’t tell lies compared witnesses or
complainants.

• Physical Evidence – Chain of Custody - Location and security of an item of evidence from the time it is
discovered at the scene until it is introduced as evidence in court

• Specimen to be collected in a fire scene

• Ashes and debris on the suspected fire origin.

• Mechanical and electrical device which may be used to start a fire

• Bottles and cans with liquid containing possible inflammable substance and solvents.

Why is arson very hard to investigate?

Arson is one of the most difficult offenses to investigate because the arsonist can be able to set a fire and
escape undetected. The fire can consume the scene and destroy much physical evidence of the offense. Harder forms
of evidence are often buried in debris and grossly altered in appearance.

What Constitutes Burning?

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 ▪ The mere fact that a building is scorched or discolored by heat is not sufficient nor will bare intention or even
an attempt to burn a house amount to arson, if no part of it is burned.

▪ Yet, if there is actual ignition of any part of the building, arson is committed, although there be no flame or
the fire immediately goes out of itself.

▪ To burn means to consume by fire and in the case of arson, if the wood is blackened but no fibers are wasted,
there is no burning, yet the wood need not be in flame or blaze, and the burning of any part, however, small
is sufficient to constitute arson, and if the house is charred in a single place so as to destroy the fibers of the
wood, it is sufficient to constitute arson.

Basis of Liability in Arson:

1. Kind and character of the building, whether of public or private ownership.

2. Its location, whether in an uninhabited place or in a populated place.

3. Extent of damage caused; and

4. The fact of its being inhabited or not.

Motives in Arson

Motive

▪ Motive is the moving cause which induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?

▪ No. motive is not necessary to be proven in criminal proceedings but once motive is shown, then intent can
easily established.

▪ In the crime of arson, the distinction between motive and intent is clearly defined. INTENT is a material
element of arson while motive is not. INTENT is the purpose of design with which the act is done and involves
the will while MOTIVE is what induces the criminal.

Motive Can Be Established By:

I. Economic Gain

A. Insurance fraud with the assured directly benefiting:

1. Desire to move

– the premises may no longer be desirable because of the condition of the building, the fact that the
quarters are outgrown or because of the locality.

2. Disposing of Merchandise

– the stocks on hand may have lost value by reason of the seasonal nature of the business, obsolesce,
scarcity of materials necessary to complete the contracts, overstock in the absence of expected order
or a changing market.

3. Property Transaction

– the business itself may no longer be desirable because of impending liquidation, settlement of an
estate of which it is a part, the need for cash, prospective failure, the comparatively greater value of
the land, or the comparatively greater value of the insurance benefits.

B. Profit by the Perpetrator other than the assured:

1. Insurance agents wishing business

2. Insurance adjusters desiring to adjust a loss by securing a contract

3. Business competitors

4. Persons seeking jobs as protection personnel

5. Salvagers

6. Contractors wishing to rebuild or wreck

Concealment of Crime:

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

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Punitive Measure:

- An arsonists may use fire as a means of punishing another person for reason of jealousy, hatred or revenge.

Intimidation or Economic Disabling:

- The fire may be used as a weapon of the saboteurs, the strikers or the racketeers to intimidate or to disable
economically as a step toward forcing submission to certain demands.

Pyromania

– is the uncontrollable impulse of a person to burn anything without motivation. Pyromaniacs usually do not run
away from the scene of the crime, usually alone and feel satisfied watching the flame

Types of Pyromaniacs:

1. Abnormal Youth – Epileptics, imbeciles and morons may set fire without knowing the seriousness of the
act.

2. The Hero Type – a person may set fire on a building, subsequently pretends to discover it and turn in the
alarm so that he will appear a hero to the public. A person may burn a building and endeavor to achieve
spectacular rescue in order to attract the attention of spectators.

3. Alcoholics and Drug Addicts – persons who subject themselves to intense artificial stimulants such as
narcotics sometimes develop a strong urge toward incendiaries.

4. Sexual Deviates – some sex perverts derive sexual stimulation from setting a fire and watching the flame.
Frequently, he is chronic masturbator who stimulates and enhances his sexual gratification by means of arson.

Public Disturbance

- an offender may resort to arson as a means of a public disturbance because a fire attracts people and
destruction causes confusion that gives rise to attendant problems that divert police attention

Vandalism

– is a general term denoting intentional burning to destroy properties.

In determining motive, a fire investigator concentrates on three major factors:

1. Points of origin of the fire

2. Modus operandi of the arsonist

3. Identify of persons who might benefits from the fire.

Incendiary Materials

- materials used to start a fire; combustible fuels

1. Arson Chemicals (liquids) – are incendiary materials often used by arsonists as accelerants. Possess excellent
properties. Examples: alcohol, benzene, petroleum ether, gasoline, kerosene, naptha, turpentine.

2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, propane, these are common gases resulting
in fires from explosion. These when mix with air possess excellent in ignition properties and when present in
an enclosed area can lead to explosion.

3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates, permanganates – are typical families of
oxidizing agents which give off oxygen on decomposition thus aiding in combustion.

FIRE CODE OF THE PHILIPPINES

Republic Act No. 9514

- Approved on December 19, 2008

- Repealed PD 1185

- known as the "Revised Fire Code of the Philippines of 2008".

Definition of terms

Abatement - Any act that would remove or neutralize a fire hazard.

Administrator- Any person who acts as agent of the owner and manages the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.

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Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of
nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro
cellulose) as base.

Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.

Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper,
kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce.

Combustible Liquid- Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the
bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and
smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces
a rapid drop in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage
of smoke or fire.

Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and
then cooling and condensing the resulting vapor so as to produce a nearly purified substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an
explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between
two conductors or terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the
manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or
fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and
property and to suppress the fire.

Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of
fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and
property.

Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed at all times for the
expedient operation of fire fighting units.

Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to include
but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for
heat, smoke and combustion products and other warning system components, personal protective equipment such as
fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect
themselves during fire.

Fire Safety Constructions - Refer to design and installation of walls, barriers, doors, windows, vents, means of
egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke,
fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and
rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the
room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant
doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame
retardant chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an
ignitable mixture with air.

Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.

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Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces
materials which are likely to cause fires or explosions.

Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same
floor level.

Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consists of combinations of fuels and oxidizers which ignite
spontaneously on contact with each other.

Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of removing
solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of
materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.

Occupancy- The purpose for which a building or portion thereof is used or intended to be used.

Occupant- Any person actually occupying and using a building or portions thereof by virtue of a lease contract with
the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact
with combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current
beyond the designed capacity of the existing electrical system.

Owner- The person who holds the legal right of possession or title to a building or real property.

Oxidizing Material- A material that readily yields oxygen in quantities sufficient to stimulate or support combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior
to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at
above normal atmosphere pressure into the same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or
assemble for any purpose.

Public Way- Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or
otherwise permanently appropriated for public use.

Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a
pure element of compound. It shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of
fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area
with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or
combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor,
including a system by which water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to
the top of the building.

Collection of Liquid Samples for Accelerant Testing

Liquid accelerants may be collected with

a. New syringe

b. Siphoning device

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 c. Evidence container itself

d. Sterilize cotton balls or gauge pads may also be used to absorbed the liquid

Where liquid accelerants are believed to have become trapped in porous materials such as concrete floor:

a. Lime

b. Diatomaceous earth

c. Flour

Collection of liquid evidence absorbed by solid materials including soils and sand:

a. Scooping

b. Sawing

c. Scraping

d. Core drilling

Collecting of Solid samples for accelerant testing

Solid accelerant may be common household materials and compounds or dangerous chemicals. When collecting solid
accelerants:

a. The fire investigator must ensure that the solid accelerant is maintained in physical state in which is found

b. Some incendiary materials remain Corrosive and Reactive

c. Ensure the corrosive nature of these residue does not attack the packaging container

Collection of Gaseous samples

Method of Collection:

a. Use of commercially available mechanical sampling device

b. Utilization evacuated air sampling cans. These cans are specifically designed for taking gaseous samples

c. Use of clean glass bottled filled with distilled water. Distilled water use as it has had most of the impurities
removed from it. This method simply require the investigator poured the distilled water out of its bottle in the
atmosphere to be sampled. As distilled water leaves the bottle it is replaced by the gaseous sample

Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipments and Components

Before wires are cut, a photograph should be taken of the wires, and the both ends of the wire should be tagged and
cut so that they can be identified as one of the following:

a. The device or appliance to which it was attached or from which it was severed

b. The circuit breaker or fuse number or location to which the wire was attached or from which it was severed

c. The wire’s path or the route it took between the device and the circuit protector,

electrical switches, receptacles, thermostats, relays, junction boxes, electrical distribution panels, and similar
equipment and components are often collected as physical evidence.

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