Module

Specialized Crime Investigation

With Simulation on Interrogation and Interview

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Specialized Crime Investigation
With Simulation on Interrogation and Interview

ARREST

Pre-Assessment

1. What is arrest?
2. What are the rights of a person under arrest?
3. In what instances arrest can be made without a warrant?

Learning Outcomes:
Learn and understand arrest;
Understand the procedures in serving warrant of arrest;
Understand the importance of planning the arrest;
Explain the duties of the arresting officer; and
Recognize the procedures in conducting warrantless arrest

Introduction

Article II Section 1 of the Philippine Constitution states that “No person shall be
deprived of life, liberty and property without due process of law, nor shall any person be
deprived of the equal protection of the laws.
Article III Section 2 states “ The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons or
things to be seized”.
The constitution provides protection and security to all its people, thus, it
embodies all the rights and privileges they enjoy. While it protects all the citizens in a
state, it also has the power to take all rights and privileges. In effect, individuals who
violate the law and commits crime can be arrested.
Arrest is defined as the taking or person into the custody of the law in order that
he may be bound to answer for the commission of an offense.
It is also the act of apprehending and taking a person into custody (legal
protection or control), usually because the person has been suspected of or observed
committing a crime. After being taken into custody, the person can be questioned
further and/or charged.

How arrest is made?

It is made by the actual restraint of the person to be arrested or by his

submission to the custody of the person making the arrest.

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With Simulation on Interrogation and Interview

No violence or unnecessary force shall be used in making an arrest, and the

person to be arrested shall not be subjected to any greater restraint than is necessary
for his detention.
All arrest should be made only on the basis of a valid warrant of arrest issued by
a competent authority, except in cases specified under the doctrine of Citizens Arrest
(Sec. 5, Rule 113 on Criminal Procedure)

When can arrest be made?

As a general rule, arrests may be made on any day of the week and at any time
of the day or night.

What are modes of arrest?

An arrest may be made by virtue of a warrant of arrest or warrantless arrest as

hereinafter provided.

Warrant of Arrest

It is an order in writing issued in the name of the People of the Philippines,

signed by the judge and directed to a peace officer, commanding him to arrest a person
stated therein and bring him before the honorable court.

Who issues a Warrant of Arrest?

Only judges are authorized to issue a warrant of arrest and search warrant
pursuant to Section 6 of Rule 112 of the Revised Rules on Criminal Procedure.

Note: an arrest is no longer needed if the accused is already under detention.

What are the requisites of a valid warrant?

The requisites for the issuance of a valid warrant:

There must be (1) probable cause; (2) such probable cause must be determined
personally by the judge; (3) the judge must examine, in writing and under oath or
affirmation, the complainant and the witnesses he or she may produce; (4) describing
the place to be searched and the persons or things to be seized.

Who are the persons exempted from arrest?

1. A Senator or House of Representatives shall in all offenses punishable by not

more than six years imprisonment, be privileged from arrest while Senate/Congress is in
session. (Section 11, Article 6 of the Philippine Constitution);
2. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations;

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With Simulation on Interrogation and Interview

3. Under Section 4 of R. A. no 75, any writ or process sued out or prosecuted by

any person in any court of the Republic of the Philippines, or by any judges or justice,
whereby the person of any ambassador or public minister of any foreign state,
authorized and received as such by the President, or any domestic, or domestic servant
of any such ambassador or minister is arrested or imprisoned is void, and every person
by whom the same is obtained or prosecuted, whether as party or as attorney, and
every officer concerned in executing it is, upon conviction, punished by imprisonment of
not more than three years and a fine not exceeding two hundred pesos in the discretion
of the court.

Who executes the warrant?

The head of the office to whom the warrant of arrest has been delivered for
execution shall cause the warrant to be executed within ten (10) days from receipt.
Within ten (10) days after the expiration of such period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant and, in
case of his failure to execute the same, shall state the reasons thereof.

Procedures in Serving Warrant of Arrest

1. Verify the validity of the warrant and request for an authenticated copy to issuing
court;
2. In serving the warrant, the police officer should introduce himself and show
proper identification;
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office, building,
and other structure where the person to be arrested is or is reasonably believed
to be, after announcing his purpose.
5. The police officer need not have the copy of a warrant in his possession at the
time of the arrest, if the person arrested so requires, the warrant shall be shown
to the arrested person as soon as practicable.
6. Secure the person to be arrested;
7. Inform the arrested person of the Miranda Doctrine as provided for in the
Constitution;
8. Conduct thorough search for weapons and other illegal materials;
9. In all cases, no force, violence shall be used in making an arrest;
10. Confiscated evidence shall be properly documented;
11. Bring the arrested person to the police station for documentation
12. Submit return of warrant to the court of origin; and
13. Deliver the arrested person to jail/prison upon the court issuance of a
commitment order.

Planning the Arrest

This is the responsibility of the Team Leader or the officer acting in his absence.

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With Simulation on Interrogation and Interview

1. If the arresting party is composed of two (2) or more members, somebody must
be placed in charge, preferably the most experience.
2. Consider the arresting party and covering party
3. Consider protection of innocent by-standers
4. Prevent escape of subject
5. Make a discreet reconnaissance of the area
6. Determine weapon/equipment needed
7. Consider superiority of manpower and firepower
8. Make the plan simple enough to be understood by the least experienced
operative/investigator
9. Consider the element of surprise (daybreak has proven satisfactorily for a
number of successful arrests)
10. Consider speed in the execution plan
11. Consider over-all coordination
12. Consider concealment or cover that might be available both in effecting the arrest
and removing the subject from the building
13. The briefing officer should ask the participants if they have any question
regarding the plan.

Duties of the Arresting Officer

1. It shall be the duty of the officer executing the warrant to arrest the accused and
deliver him without delay to the nearest police station or jail for the recording of the fact
of the arrest of the accused.
2. At the time of the arrest, with or without warrant, it shall be the duty of the
arresting officer to inform the person to be arrested of the cause of the arrest and the
fact that a warrant has been issued for his arrest (Section 7, Rule 113 Revised Rules on
criminal Procedure) and in case of arrest without a warrant, it shall be the duty of the
arresting officer to inform the person to be arrested of his authority and the cause of the
arrest (Section 8, Rule 113 Revised Rules on Criminal Procedure), in the dialect or
language known to him, except when he flees or forcibly resists before the officer has
the opportunity to so inform him or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be shown to him
as soon as practicable.
3. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he might make could be used
against him. He shall have the right to communicate with his lawyer or his immediate
family. Is shall be the responsibility of the arresting officer to see to it that this is
accomplished.
4. A person arrested without a warrant shall be immediately brought to the proper
police station for investigation without unnecessary delay, and within the time
prescribed in Article 125 of the Revised Penal Code, as amended (i.e. 12, 18, or 36
hours, as the case may be), shall be subjected to inquest proceedings under Section 7,
Rule 112 of the 200 Rules on Criminal Procedure.

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5. No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against an arrested person. The bringing of arrested persons
to secret detention places, solitary confinement (incommunicado) or other forms of
detention is prohibited.
6. If the person arrested without a warrant waives his right under the provisions of
Art. 125 of the Revised Penal Code the arresting officer shall ensure he shall sign a
waiver of detention in the presence of his counsel of choice.
7. If the person arrested waives his right against self-incrimination and opts to give
his statement, the arresting officer shall ensure that the waiver shall be made in writing
and signed by the person arrested in the presence of a counsel of his own choice or a
competent and independent counsel provided by the government.

Authority Given to the Arresting officer in Making an Arrest

1. Officer may summon assistance- an officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the
arrest. Every person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself.
2. Right of officer to break into the building or enclosure- an officer in order to make
an arrest either by virtue of a warrant, or without a warrant, may break into
building or enclosure where the person to be arrested is or is reasonably
believed to be, if he refused admittance thereto, after announcing his authority
and purpose.
3. Right to break out from the building or enclosure-whenever an officer has entered
the building or enclosure to make an arrest, he may break out there from when
necessary to liberate himself.
4. Arrest after escape or rescue-if a person lawfully arrested escapes or is rescued,
any person may immediately pursue to retake him without a warrant at anytime
and in any place within the Philippines.

Lawful Warrantless Arrest

A peace officer or a private person may, without a warrant arrest a person with
the following:
1. When in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
2. When an offense has just been committed, and he has probable cause to
believe, based on personal knowledge of facts or circumstances, that the person to be
arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgement or temporarily confined while
his case, or has escaped while being transferred from one confinement to another.

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In essence, Section 5, par. (a), Rule 113 requires that the accused be caught in
flagrante delicto or caught immediately after the consummation of the act.

On the other hand, Sec 5, par (b), Rule 113, necessitate two (2) stringent
requirements before a warrantless arrest can be effected:

1. An offense has just been committed; and

2. The person making the arrest has personal knowledge of facts indicating that the
person to be arrested had committed it.

There must be a large measure of immediately between the time the offenses
was committed and the time of the arrest, and if there was as appreciable lapse of time
between the arrest and the commission of the crime, a warrant of arrest must be
secured. Aside from the sense of proximity, it is also mandatory that the person making
the arrest must have personal knowledge of certain facts indicating that the person to
be taken into custody has committed the crime. (people vs Del Rosario, 305 SCRA 740)
On the other hand, the arrest of a suspect without a warrant for being a member
of the NPA, an outlawed subversive organization is justified as it can be said that he
was committing an offense when arrested. “The crimes of rebellion, subversion,
conspiracy, proposal to commit such crimes or offense committed in furtherance thereof
or in connection there with constitute direct assault against the state and are in the
nature of continuing crimes”. (Umil vs Ramos, 187 SCRA 311 (1990) RA 7636 Already
Repealed the Anti Subversive Law and Mere Membership in an Outlaw Organization is
not a crime).
An arrest occurs when a police officer takes a person against his will for
questioning or criminal prosecution. The general rule is that to make an arrest, the
police must obtain an arrest warrant. However, if an officer has probable cause to
believed that a crime has been committed and there is no time to obtain a warrant, the
officer may make a warrantless. Also, an officer may make a warrantless arrest of
persons who commit a crime in the officer’s presence.
When an arrest is made, the arresting officer must read the Miranda Warnings of
the arrestee. The Miranda Warning appraise an arrestee of the right to obtain counsel
and the right to remain silent. If these warnings are not read to an arrestee as soon as
he is taken into custody, any statement the arrestee makes after the arrest may be
excluded from trial.

Procedures in Conducting Warrantless Arrest

1. Freeze or restrain the suspect/s; Employ necessary force if needed;

2. The police officer should introduce himself and show proper identification;
3. Make a manifestation of authority against the person to be arrested;

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With Simulation on Interrogation and Interview

4. Inform the arrested person of the Miranda Doctrine as provided for in the
Constitution;
5. Secure the person to be arrested;
6. Conduct thorough search for weapons and other illegal materials;
7. In all cases, no force, violence shall be used in making the arrest;
8. Confiscated evidence shall be properly documented;
9. Bring the arrested person to the police station
10. Prepare spot report, sworn statement/s of arresting officers and witnesses, other
supporting documents and processing of evidence
11. Arrange for an inquest proceeding before the office of the prosecutor prior
reaching the regulation period of :
a. Twelve (12) hours of crimes or offenses punishable by light penalties
or its equivalent;
b. Eighteen (18) hours of crimes or offenses punishable by correctional
penalties or its equivalent; and
c. Thirty (36) hours of crimes or offenses punishable by afflictive or
capital penalties or its equivalent as provided for by the 125 of the
Revised Penal Code; file case to the fiscal on duty.

Medical Examination of Arrested Person/Suspect

In case where the arrested person obviously requires medical attention, he shall
be subjected to medical examination and treatment by a medico-legal officer or any
government physician prior to investigation.
Arrest made not falling under paragraph ( a), medical examination of the arrested
person shall be undertaken by a medico-legal officer or any government physician after
the investigation.
Medical examination by a medico-legal officer or any government physician is
mandatory every transfer of custody of arrested person.
Record check- the investigation officer shall conduct a record check of the
arrested person to determine the possibility that he is wanted for other crimes than
which for he was arrested.

High Risk Stop and High-Risk Arrest

In the light of the recent concerns and challenges occasioned by persistent threat
to national security and public safety, hereunder are the procedures to ensure that
within the areas under police responsibility, the rule of law is upheld and peace and
order is maintained.

Definition of Terms

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High Risk Stop shall mean the actual stopping or accosting of armed and dangerous
person or persons, whether on foot or aboard a vehicles, including the power to use all
necessary and legal means to accomplish such end.

High Risk Arrest shall mean the actual restraint of armed persons following a high risk
stop.

Necessary and Legal Means as used in the definition shall include, but not limited to,
the employment of appropriate number of troops, armor assets and tactical or special
units to effectively and permanently quell the threat or present danger, or to swiftly
restrain or arrest the suspect or suspects.

Stopping Zone shall mean strategic predetermined area strongly sealed off, barricaded
and occupied by tactical forces in a lawful display of authority to maintain law and order
or in defensive response to an event of criminal nature or of such gravity that occurred
or likely to occur calling for a high risk stop or arrest.

Pre-Determined Area shall mean the specific or projected spot where the armed and
dangerous person/s would pass or likely to pass and so tactically located to gain
calculated advantage against said person/s.
A-Initial Stage

Upon the receipt of information involving movement of armed person/s, either

singly or en masse, including unauthorized movement of government troops, or in
immediate response to a reported commission of crime perpetrated by armed person/s,
the police shall immediately:

1. Organize appropriate tactical security forces utilizing maximum firepower and

armor assets.
2. Deploy the security forces to stopping zones in defensive position.
3. Seal off the area and establish strong roadblocks and barricades.

B. Effecting a High Risk Stop- When Effecting high risk stop, the police shall:

1. Exert utmost effort to persuade the suspects to halt or stop their movement.
2. Start with the procedural conduct of simple arrest under the Police Operational
Procedures where arrest is inevitable.
3. Ensure proper documentation of the process
4. Respect the rights of all persons involved.

C. During Violent Stage

The PNP shall strictly adhere to the Police Operational Procedures particularly
on the use of deadly and reasonable force.

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Arrest Information

A- Following arrest, issuance of an arrest warrant or filing of an information or

indictment, it is permissible to release;

1. The name, age, residence, occupation and family status of the

accused;
2. The time and place of arrest, whether pursuit or resistance was
encountered, whether weapons were used, charges placed against the
suspect and description of contraband seized.
3. The identity of the arresting officers and the duration of the
investigation unless the officers are engaged in undercover operations;
and
4. The amount of bond, scheduled court dates and the place of suspect’s
detention.

B. Following arrest and formal charging of a suspect, but prior to adjudication, the
following types of information should not be released without express permission of the
unit head/chief:

1. Prior criminal conviction record, character, or reputation of a

defendant;
2. Existence or contents of any confession, admission or statement of a
defendant, or his failure or unwillingness to make a statement;
3. Performance or results of any tests, or a defendant’s refusal or failure
to submit tests such as polygraph;
4. Identify statement or expected testimony of any witness or victim;
5. Any opinion about the guilt or innocence of a defendant or merits of
the case.
6. any opinion or knowledge of the potential for a plea bargain or other
pretrial action.

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Specialized Crime Investigation
With Simulation on Interrogation and Interview

Activity No. 1

Name:__________________________________________________Date:__________

1. Define arrest.________________________________________________________
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2. When can arrest be made without a warrant?_______________________________

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3. State the procedures of warrantless arrest._________________________________

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SEARCH and SEIZURES

Pre-assessment

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Specialized Crime Investigation
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1. What is search and seizure?

2. How will you differentiate arrest from search and seizure?
3. What is the fruit of the poisonous tree doctrine?

Learning Outcomes:
Learn and understand search and seizure;
Understand the procedures in serving search warrant;
Be able to enumerate the requisites for the issuance of a warrant of arrest;
Recognize the procedures in conducting warrantless search; and
Understand the nature of plain view doctrine and fruit of the poisonous tree.

Introduction

Search and seizure are a necessary exercise in the ongoing pursuit of criminals.
Searches and seizures are used to produce evidence for the prosecution of alleged
criminals. The police have the power to search and seize, but individuals are protected
against arbitrary, unreasonable police intrusions.
Search and seizure-an examination of a person’s premises (residence, business,
or vehicle) by law enforcement officers looking for evidence of the crime, and the taking
(seizure and removal) of articles of evidence (such as controlled narcotics, a pistol,
counterfeit bills, a blood-soaked blanket).
The basic question is whether the search and seizure were unreasonable under
the Constitution which provides: “The right of people to be secure in their persons,
houses papers and effects, against unreasonable searches and seizures shall not be
violated.” Thus, searches and seizures must be under the authority of a search warrant
or when the officer has solid facts that give him/her “probable cause” to believe there
was evidence of a specific crime in the premises and no time to get a warrant. Evidence
obtained in violation of the Constitution is not admissible in court, nor is evidence traced
through such illegal evidence.

Search

It is through examination of; look over carefully in order to find something.

It is an examination of a person or personal effects of in order to find something

lost or concealed.

It is an examination of another’s premises (including a vehicle) to look for

evidence of criminal activity.

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It is unconstitutional for law enforcement officers to conduct a “search without” a

warrant issued by a judge or without facts which give the officer “probable cause” to
believe evidence of a specific crime is on the premises and there is not enough time to
obtain a search warrant.
Seizure

A seizure refers to the collection of evidence by law enforcement officials and to

the arrest of persons.

Search Warrant is an order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the honorable court.

Requisites for issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with
one specific offense to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may be produce, and
particularly describing the place to be searched and the things to be seized which may
be anywhere in the Philippines.
The following properties may be the objects of a search warrant:

1. Properties which are the subject of the offense.

2. Stolen, embezzled proceeds, or fruits of the offense
3. Objects including weapons, equipment, and other items used or intended to be
used as the means of committing an offense

Objects that are illegal per se, even if not particularly described in the search warrant,
may be seized under the plain view doctrine as referred to under Section 8, Rule 12.

Applications for Search Warrant

All applications for search warrant shall be approved for filing by the chief of
office (Form “D” Refer to page 91). The application shall indicate the following data:

1. Office applying for the search warrant

2. Name of officer applicant
3. Name of the subject, if known;
4. Address/place(s) to be searched;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained for the
purpose, indicating the name of the applicant, name of the respondent, nature of
the offense and the date of the application.

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When can search be made?

The warrant must be direct that it be served in the daytime, unless the affidavit
asserts that the property is on the person or in the place ordered to be searched, in
which case a direction may be inserted that it be served at any time of the day or night.

Authority Given to Officers in the Conduct of Search

In the conduct of search, if after giving notice of his purpose and authority, the
officer is refused admittance to the place of search, he may break open any outer or
inner door or window or any part of a house or anything therein to execute the warrant
or liberate himself or any person lawfully detained therein.

Right to break Door or Window to effect Search

The officer, if refused admittance to the place of directed search after giving
notice of his purpose and authority, may break open any outer or inner door or window
of a house or anything therein to execute the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein.

Prohibited Acts in the conduct of Search by Virtue of a Search Warrant

1. Houses, rooms, or other premises shall not be searched except in the presence
of the lawful occupant thereof or any member of his family or in the absence of the
latter, in the presence of two (2) witnesses of sufficient age and discretion residing in
the same locality.
2. Lawful personal properties, papers and other valuables not specifically indicated
or particularly described in the search warrant shall not be taken.

Validity of Search Warrant

The search shall be valid for ten (10) days from the issuance and may be served
at any day within the said period. Thereafter, it shall be void.
If , in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days until
completed provided it is still within the (10) day validity period of the search warrant.
(mustang Lumber vs CA 71 SCAD 166)
If the object or purpose of the search warrant cannot be accomplished within ten
(10) day validity period, the responsible officer conducting the search must file, before
the issuing court, an application for the extension of the validity period of the said
warrant.

Receipt for the Property Seized

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The officer seizing the property under the warrant shall issue a detailed receipt of
property seized to the lawful occupant of the premises, or in the absence of such
occupant, shall, in the presence of at least two (2) witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found
the seized property and a duplicate copy thereof with any barangay official having
jurisdiction over the place searched. (Form “E”)

Delivery of Property and Inventory thereof to Court; Return and Proceedings

thereon

The officer must forthwith deliver the property seized to the judge who issued the
warrant , together with an inventory thereof duly verified under oath.

Valid Warrantless Search and Seizures

1. Search made incidental to a valid arrest. “ A person lawfully arrested ,ay be

searched for dangerous weapons or anything which may be used or constitute proof in
the commission of an offense without a search warrant” (Section 13, Rule 126 of the
Rules of Court). “The warrantless search and seizure as an incident to a lawful arrest
may extend beyond the person of the one arrested to include the premises or
surroundings under his immediate control. (Pp vs. Hindoy, G.R. No. 132662, May10,
2002)
2. Search of Moving Vehicles. Carroll v. United States, 267 U.S. 132, 153 (1925)
says: “the guarantee of freedom from unreasonable searches and seizures is construed
as recognizing a necessary difference between a search of a dwelling, house or other
structure in respect of which a search warrant may readily be obtained and a search of
a ship, motorboat, wagon, or automobile for contraband goods, where it is not
practicable to secure a warrant, because the vehicle can be quickly moved out of the
locality or jurisdiction in which the warrant must be sought.
When a vehicle is stopped and subjected to an extensive search, it would be
constitutionally permissible only if the officers conducting the search had
reasonable or probable cause to believe, before the search, that either the
motorist is a law offender or they will find the instrumentality or evidence
pertaining to a crime in the vehicle to be searched. (Pp vs Libnao, GR No.
136860, Jan 20, 2003.
3. Seizure of goods concealed to avoid customs duties. “Persons exercising
police authorities under the customs laws may effect search and seizure without
a search warrant in the enforcement of customs laws” Papa vs Mayo, 22 SCRA
857). A search, seizure and arrest maybe made even without a warrant for
purposes of enforcing customs and tariff laws” (Reita vs People, 436 SCRA 273
(2004))
4. Seizure of evidence in plain view. Harris vs United States, 390 U.S. 234, 236
(1968) says that any object “falling in the plain view are subject to seizure and
may be introduced as evidence”

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Requirements of the Plain View Doctrine

1. The law enforcement officer must have prior justification for an intrusion (i.e. , he
is not a trespasser) or otherwise, must be in a position from which he can view a
particular area;
2. The discovery of the evidence in plain view is inadvertent (discovery by chance);
3. It is immediately apparent to the officer that the item he observes (i.e. open to the
naked eye and eye and hand) may be evidence of a crime, contraband, or is
otherwise subject to seizure.
4. When there is waiver of the right or there is consented search-To constitute a
waiver of this constitutional right, it must appear that the right exists; secondly,
that the person involved had knowledge, either actual or constructive, of the
existence of such right; lastly, that said person had an actual intention to
relinquish the right. Thus, where the accused has voluntarily surrendered his
gun, he cannot claim illegality of the seizure. (People vs Agbot SCRA 325, 331
(L-376541, July 31, 1981)

Searches Under Stop and Frisk Rule

The designation of the right of the police officer to stop a citizen on the street,
interrogate him, and pat him for weapons whenever he observes unusual conduct which
leads to him to conclude that a criminal activity may be committed by the said person.

Stop and Frisk Situations

If the search being assailed search and seizure may still be justified as akin to a
“Stop and Frisk” or to maintain the status quo momentarily while the police officer seeks
to obtain more information.

Fruit of the Poisonous Tree

The fruit of the poisonous tree doctrine provides that evidence obtained from an
unreasonable search and seizure cannot be used as evidence in court proceedings. Not
only is the evidence obtained from the unreasonable search and seizure inadmissible,
any evidence resulting from the unreasonably seized evidence is also tainted and is not
admissible as fruits of the poisonous tree.

Activity No. 2

Name:____________________________________________Date:________________

1. Define search and seizure.

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With Simulation on Interrogation and Interview

______________________________________________________________________
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____________________________________.

2. When can search and seizure be made without a valid search warrant?
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______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
__________________________________________________________________.

3. Explain Plain View Doctrine.

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
__________________________________________.

4. Explain Fruit of the Poisonous Tree.

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
__________________________________________.
CONFESSION AND ADMISSION

Pre-assessment

1. What are the rights of a person under custodial investigation?

2. How is confession and admission obtained?

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3. What is extra-judicial confession?

Learning Outcomes:
Learn and differentiate extra judicial confession and extra judicial admission; and
Identify and enumerate the legal requirements for admission and confession

Introduction

Confession and admission are somehow used interchangeably in an ordinary

concept. However, in law, these terms have different meanings and are separate and
distinct with each other. The word Admission refers to an act, declaration or omission of
a party as to a relevant fact which may be given in evidence against him.
On other hand, Confession refers to the declaration of an accused
acknowledging his guilt of the offense charged, or of any offense necessarily included
therein, which may be given in evidence against him. But why do we need to distinguish
one from the other? It is because in law, confession has a greater value when it comes
to the weight of evidence.
Confession acknowledges the guilt of a person that he is the one who committed
the offense. As such, Confession is the most reasonable evidence for prosecuting a
case because no person would probably admit his guilt that he was the one who
committed the offense if it was not really true at all.
While admission is a mere acknowledgment of an accused that he may be in the
crime scene but not the one who committed the offense. He may not accept the liability
for such crime and may invoke defenses to sway the fault to others. But such admission
may be used as evidence against him during the trial of the case.
Further, confession has two kinds, the judicial confession and extra-judicial
confession. Judicial confession is made before the court of justice especially during
arraignment when an accused is asked by the judge whether he is guilty or not of the
crime charged. Or it may do during the trial of the case.
Extra-judicial confession on the other note, is made out of court, one is during
custodial investigation when the accused is brought before the law enforcers for an
interrogation.
Extra-judicial confession to be admissible must be a) voluntary; b) made with
the assistance of a competent and independent counsel; c) express; and d) in
writing. These requirements must be strictly complied and observed for a confession to
be accepted as evidence by the court.
The Supreme Court in a long line of cases ex plained that confession to be
admitted as evidence must be accepted with vigilance to make sure that such is a true
confession of the person not affected by any improper influence.
An extra-judicial confession extracted in violation of constitutionally enshrined
rights is inadmissible in evidence. During custodial investigation, suspects have the
rights, among others,
1. to remain silent,

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2. to have an independent and competent counsel,

3. to be provided with such counsel, if unable to secure one,
4. to be assisted by one in case of waiver, which should be in writing, of the
foregoing; and
5. (5) to be informed of all such rights and of the fact that anything he says can
and will be used against him.

Where the remaining pieces of evidence are insufficient to determine guilt with
moral certainty, the appellant is entitled to an acquittal. A conviction must rest on the
strength of the admissible evidence of the prosecution, not on the weakness or
insufficiency of the defense.

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

Types of Confession
0. Extra-Judicial Confession – those made by the suspect during custodial investigation.
a. Judicial Confession– those made by the accused in open court. The plea of guilt may
be during arraignment or in any stage of the proceedings where the accused changes
his plea of not guilty to guilty.

ADMISSION– is a self-incriminatory statement by the subject falling short of an

acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt
maybe inferred. It implicates but does not incriminate. It is also an acknowledgement that a fact,
action or circumstances are true which strongly infer or directly admit guilt but lacks the detail of
the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. Confession or admission 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

Activity No. 3

Name:___________________________________________Date:_________________

1. State when can extra-judicial confession be admissible as evidence.

___________________________________________________________________
___________________________________________________________________

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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
______________________________.

2. Explain the admission and confession and distinguish each.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
__________________________________________.

INTERVIEW

Pre-assessment

1. Why is it important to conduct interview?

2. Who are the possible sources of information?
3. When and how interview is conducted?

Learning Outcomes:
Learn and differentiate interview and interrogation;
Understand the legal implications of interview and interrogation; and
Identify the other possible sources of information

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With Simulation on Interrogation and Interview

“Understanding the correct processes and legal parameters for interviewing,

questioning, and interrogation, can make the difference between having a suspect’s
confession accepted as evidence by the court or not.”

The nature or circumstances by which an interview and interrogation is used

vastly differ, although the terms are frequently associated together. Interviews are
carried out in a more genial atmosphere. The person from whom information is taken
out is set to feel at ease. It is assumed that when a person feels no anxiety or
unthreatened by the person questioning, the greater the tendency that a person would
speak more and thus give out information. An interview is usually used by an
investigator towards a possible witness.
On the other hand, when a person is subjected to severe psychological pressure,
placing the person in great discomfort, such method is called an interrogation. This is
usually employed when the one being questioned is uncooperative. The investigator
uses psychological warfare to gain control and force confession over a person.
Success in interrogation is achieved when the investigator has learned to
skillfully practice it both as a technique and art. Conducting an investigation requires a
good understanding of human behavior as well as knowing how to influence the
situation by acting, since the person being questioned could range from a respected
professional, a teenager, or even as young as a child. It is highly relevant to the success
of the case that the investigator knows how to adopt to the varying demands of the
circumstances.
Investigative interviewing is an essential aspect of the investigative process for
patrol officers, loss prevention agents’ detectives or other investigators. As most
information comes from people; it is necessary to have knowledge and proficiency in
interviewing. An interview is a conversation intended to elicit information. Interviews are
generally non-accusatory. During the course of an investigation the investigator will
conduct interviews with all available witnesses and potential suspects. The investigator
should ask open-ended questions in an attempt to elicit as much information as
possible. The interview subject should do most (75%) of the talking during the
conversation (Reid & Associates, 2001). If, during the interview it is found that the
subject has lied, the investigator should generally not confront the subject. In most
cases it is best to challenge a lie during a follow-up interview or once the interviewer
has transitioned into an interrogation.

Conducting the Interview

Eight (8) guidelines in conducting interviews

1. Do not overload the interviewee

o Do not ask several questions at once
o Do not use complex sentences
o Do not force choices, as in either/or
2. Do not lose control of the interview
o Do not ramble
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o Do not let the interviewee go off on tangents unless you can see they
will be helpful
o Do not permit “over-answering.”
3. Do not lose your focus
o Do not rephrase answers in your own words.
o Do not lead the interviewee with your own words-use his
o Do not get into a “mutual admiration society” situation
4. Be alert, fully aware and carefully attentive
o Know what’s happening
o Know what is likely to happen
o Know what has already happened
5. Break the ice-set, an open receptive atmosphere
o Greet cordially
o Be courteous and respectful
o Start loose and tighten up as you go
6. Follow your interview plan
o Work in small steps
o Allow diversions as necessary, but always work back to the plan
7. Be flexible
o Speed up or slow down as appropriate to the interviewee’s needs
o Be sensitive but work back to focus
o Do not be so rigid as to force onward when additional information is
available
8. Know when to stop
o Get what you need and get out
o Be polite but don’t allow time to be wasted
o Leave a method of further contact

In conducting an investigation through a witness, investigators usually extract

information through a lighter atmosphere. Doing an interview rather than interrogation is
more apt to use. Investigators however will encounter different kinds of witnesses.

Kinds of Witnesses

1. Indifferent
2. Interested
3. Hostile
4. Child witness

Of all the categories, the indifferent witness is found to be the most cooperative
and most likely to give the best information. Such witnesses are unaffected by the result
or outcome to the case. Therefore, they do not feel anxious from either threat, loss or
anticipate anything to gain from the situation. Consequently, the indifferent witness are

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more inclined to give whatever information or facts he know about the case truthfully
since he was neither anything to gain or lose.
Relatives, friends or any person who perceive to gain from the case may be
deemed as an interested witness. Facts taken out through their account are less likely
to reliable. Witnesses that are closely related to the suspect are often hostile to
investigation. In which case, the investigator would find it more appropriate and helpful
to use interrogation instead of conducting a mere interview. Such hospitality is not
surprising, since it is expected that they would rather protect the suspect.
The child witness, whose testimony are often held as highly reliable are now
treated with more carefulness. Although any information from a child is usually taken as
undeniably true, since there is a premise that all children will never lie and will always
speak the truth. Nevertheless, children are highly sensitive to reactions of adults and
may give responses, which they deemed acceptable. They can also be easily
manipulated or driven by suggestions.
Credible eyewitnesses are vital towards the entire process of conducting the
investigation but the person’s background such as education, profession or emotion has
great influence over his perception. The investigator should not expect to take out the
exact details of an incident based simply on the account of an eyewitnesses. There are
different factors that would expect his testimony. Only the facts that corroborate with
other accounts from other witnesses.
Before conducting an interview or interrogation, it is imperative that proper
preparations be done which involves identifying goals, laying out a plan that gives the
investigator an edge or advantage over the suspect.
Getting information that has already been gathered prior to the examination is
also vital to gain a better perspective of the whole situation. The confession of the
interrogation should be set clearly. A necessary aspect of preparation is being armed
with essential information concerning the examinee. The interviewee can detect either
your lack of knowledge over the case or be beaten down by your full awareness of the
facts, which severely affect his responses.
Preparing ahead of time allows the investigator to discern the kind of personality
that he will be dealing and the consequent actions that he would undertake to manage
the situation to his advantage.

Other Possible Sources of Information

In relation to preparation of obtaining other vital information surrounding

suspected criminals, background information can be obtained in sources other than the
suspect.

These are:

1. Parents- the personality, disposition of the suspect’s parent could be a helpful

hint as to the suspect’s character and the possible motives in committing the
crime.

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2. Other Members of the Family or Blood Relations- could also be a source of

information regarding a suspect’s emotions, and whereabouts.
3. Police Records- in determining the profile of the suspect, whether he is a first-
time offender or a hardened criminal
4. Educational Attainment-supply a good indication of the suspect’s possible
manner of reactions. It is hypothesized that the higher the academic
achievement, the greater the possibility of being more adept at controlling or
hiding indications of deception.
5. Employment Record- aside from the suspect’s education, his employment
background is also a good source of information that helps create the suspect’s
over-all profile.
6. Involvement in Church Activities- allows the investigator to gain insight into the
suspect’s train of thoughts or the values that he holds.

it is vital to obtain insight to a suspect’s value system, since this could lead to
determine the motives of committing a crime as influenced by his set of values.

The Interview Room

Interviews and interrogation are often based carried out in a room specifically set
up for such purposes. The following details should be accounted for when preparing the
interview room.
A room with a good degree of privacy.
Absence of sounds or noise outside the room that could disrupt the interview.
Smaller space, which could cause interviewees to feel more relaxed towards the
interrogator.
Properly lighted room which helps the investigator in properly observing the overt
physical responses throughout the course of questioning.
Two-way mirrors and hidden microphones which permit another investigator to
monitor responses that the investigator might overlook.

Classification on Non-Verbal Communication

Kinesics or body motions include movements of the eyes, expressions on the

face, movements of certain parts of the body. The dilation of the pupil of the eyes is
generally affected by the person’s emotions. Dilated pupils are said to exhibit excitation.
On the other hand, anger and pessimistic moods has been observed to affect
constriction of the pupils. The degree to which eye the subject establishes contact could
be affected by difference in personality, or culture.

Facial Expression too can be used to either validate or negate facts or information
surrounding the case.

Withholders-the poker face who hide their emotions by being expression less.

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Revealers- those who is said to wear their feelings on their sleeves, they show
their emotions clearly on their face. Most investigators find this kind difficult to
deal with.
Substitute expressors- describes those who demonstrate facial expressions that
contradict their true feelings.
Ever-ready expressors- these are individuals who would readily react to stimulus
and show it through facial expressions. These are the easiest to deal with.

A person’s gestures which is a combination of movement of the body’s arm and

hands, shoulders and so on, when taken together can give meaningful insight to the
person’s true thoughts and emotions.
The investigator’s body movement must also be used to facilitate and not hinder
the investigation.

Paralanguage
On the other hand, paralanguage refers to the manner in which words are
spoken. It focuses more on the person’s manner of conveying a message in verifying
the truthfulness or falsehood of what is being said. Paralanguage is the communicated
language that goes along the spoken language. Tone of voice and other speech
patterns have to be found to be useful.

Activity No. 4

Name:_________________________________________Date:___________________

1. Define interview.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

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With Simulation on Interrogation and Interview

___________________________________________________________________
__________________________________________.

2. State the importance of conducting interview in conducting crime investigation.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_________________.

INTERROGATION

Pre-assessment

1. Why is it important to conduct interrogation?

2. When and how interrogation is conducted?
3. What are the do’s and don’ts of interrogation?

Learning Outcomes:
Define interrogation; and
Learn and understand the techniques interrogation;

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Specialized Crime Investigation
With Simulation on Interrogation and Interview

INTERROGATION

Is designed to extract confessions where police already have other concrete

evidence connecting the suspect to the crime.
Is also called questioning, commonly employed by law enforcement
officers, military personnel, and intelligence agencies with the goal of eliciting useful
information. Interrogation may involve a diverse array of techniques, ranging from
developing a rapport with the subject to torture. In law enforcement, is when a
representative from the agency collects information about a crime by questioning
suspects, victims, or witnesses. The ultimate goal to an interrogation is to solve the
crime.
An interrogation with a suspect can last a few minutes to several hours. An
important factor to interrogations is that law enforcement agents can continue
questioning suspects until they ask for a lawyer, which is a right under the Miranda
Rights. Additionally, the law enforcement agents are not allowed to use cruel and
unusual punishment during the interrogation. Cruel and unusual punishment includes
using physical force on a detained suspect. Getting a suspect to answer questions
during an interrogation can be challenging but law enforcement agents have to use
lawful techniques when completing an interrogation.

Interrogation Techniques

The most common technique is known as the Reid technique. The following nine
steps are part of this technique.

Direct confrontation

All the evidence is provided to the suspect with the police officer giving the
suspect a chance to confess immediately. Officer Smith tells Dave that the neighbors
saw him hit his wife and his wife has bruises on her arms. Officer Smith also shows
Dave pictures of the hand print on his wife's face and tells Dave they can match the
hand print from the picture to Dave's hand. If this does not work then the officer moves
to the next step, dominance.

Dominance

The law enforcement agent does not let the suspect talk. Since Dave is not
speaking, Officer Smith is able to continue talking without being interrupted. Office
Smith offers up different scenarios.

A) Dave did not hit his wife. He was helping her because she was falling, and he
grabbed her to keep her from hitting the ground.
B) Dave was upset and flung his hands and hit her by accident.

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C)The domestic violence was not an accident, and Dave had a moment of rage
and really meant to hit his wife.
Dave is still not speaking. He is not admitting or denying any of the scenarios that
Officer Smith has given. Since dominance is not working then the officer can use
deflection.

Deflection

Officer Smith will now try to give moral justification for why Dave hit his wife.
Deflection is also known as creating a theme, and the theme can change throughout the
interview depending on how the suspect answers the questions. Officer Smith creates a
theme using the scenarios in the dominance step. Officer Smith justifies Dave's actions
because it is only correct to help his wife who was falling. He also justifies Dave hitting
his wife by creating the theme that it was an accident all around. She was either falling
or he was flailing his hands and she walked into them. Officer Smith also uses victim
blaming, saying that Dave was mad so she should not have come close to Dave during
this time of rage. She would not have been hit if she just walked away. Dave finally
starts to talk, and he objects to all of the themes. These objections give Officer Smith
the opportunity to turn the objections into a justification for the domestic violence.

Turning objections into justifications

Dave tells Officer Smith that 'I do not hit women because it is wrong;' 'I am not a
violent person so I would not hit anyone.' Officer Smith takes the objections and justifies
the domestic violence. Officer Smith says, 'So you really did not want to hit your wife,
did you?' and 'You are not violent but when your wife got in your way you had to hit
her?' Officer Smith was not able to get Dave to answer either of his justification
questions so then he started showing empathy for Dave.

Expressing empathy

Officer Smith expresses empathy for Dave. He tells Dave he understands what
he is going through and that he gets irritated with his own wife. Officer Smith says that if
Dave's wife would have not argued with him, she would not have been hurt. Dave once
again remains silent and chooses not to speak with Officer Smith after he expressed
empathy. Officer Smith will move to the next step of the Reid technique and will once
again create alternative themes.

Offering alternative themes

Dave is unresponsive during the empathy step. He does not answer Officer
Smith's questions, so Officer Smith offers different themes and different scenarios. This
time when creating scenarios, Officer Smith focuses on Dave's duties to society. Officer
Smith says 'Dave, you will not confess because you are afraid you will lose your job and
will not be able to see your kids.' Officer Smith then says, 'You hit your wife to be the
man of the house, and you did not want to lose control over her.' Dave becomes

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responsive to the scenario about losing his job and his children. He nods his head at
Officer Smith, which is the first admission of guilt. Officer Smith continues on with the
questioning by posing alternative questions about Dave's children and job.

Posing the Alternative Question

Posing an alternative question means Officer Smith will ask Dave about losing
his job and children. He will say to Dave, 'You are afraid you will lose your job and that
your children will not speak to you if you confess to hitting your wife?' Dave responds, 'I
hit my wife and did not really mean to. I do not want to lose my children.' Dave admits
his guilt to Officer Smith, and he must now repeat the confession in front of other
members of the agency.

Repetition

Should Dave have confessed during any step of the interrogation then Officer
Smith could have asked Dave to repeat the confession. Officer Smith could have
skipped over the other steps of the Reid technique and moved to repetition and
documentation.

Documentation

This is the final stage of the Reid technique to interrogating a suspect.

Documentation includes documenting the date and time the suspect has confessed, the
confession is then written, and the suspect signs the confession making it legal. Dave
would have to write the confession and sign the statement.

INTERVIEW AND INTERROGATION

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.

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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 as 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.

RULES TO BE OBSERVED IN QUESTIONING

0. One question at a time
a. Avoiding implied answer
b. Simplicity of the questions
c. Saving faces
d. Avoid close ended questions (yes or no)

INTERROGATION –is a questioning of a person suspected of having committed an

offense or a person who is reluctant to make full disclosure of information in his possession
which is pertinent to the investigation.

What are the purposes of Interrogation?

0. To obtain confession to the crime
a. To induce the suspect to make admission
b. To learn the facts of the crime
c. To learn the identity of the accomplice
d. To develop information which will lead to the recovery of the fruits of the crime
e. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES
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.
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.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a
kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave
offense.
Shifting the blame

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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.
Mutt and Jeff
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.
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.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory
experts against him.
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:

CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law

enforcement officer on a person under custody and otherwise deprived of his freedom or liberty.
This is the stage in investigation where there is strict observance of the Miranda Doctrine.

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 the 1987 Constitution of
the Philippines.

Activity No. 5

Name:_________________________________________Date:___________________

1. Define interrogation.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
__________________________________________.

2. State the importance of conducting interrogation in conducting crime

investigation.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
________________________________________________.

3. Summarize the Reid techniques in conducting interrogation.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
______________________________________________________.

LIE

Pre-assessment

1. What is a lie?
2. What are reasons why people are lying?
3. How is deception and lie differs?

Learning Outcomes:

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Understand the nature of lie;

Learn and explain the theories of lie;
Enumerate the types of lie and liars;
Learn and understand the nature of deception; and
Explain the different methods of detecting deception.

Introduction
A lie is an assertion that is believed to be false, typically used with the purpose
of deceiving someone. The practice of communicating lies is called lying. A person who
communicates a lie may be termed a liar. Lies may serve a variety of instrumental,
interpersonal, or psychological functions for the individuals who use them. Generally,
the term "lie" carries a negative connotation, and depending on the context a person
who communicates a lie may be subject to social, legal, religious, or criminal sanctions.
It is also an intentionally false statement to a person or group made by another
person or group who knows it is not wholly the truth.

Theories of Lie

Four-factor Model

When people tell lies, there are four underlying mechanisms at work:

Arousal:
Lying causes anxiety and arousal, either because of dissonance at
conflicting values and behavior, or due to fear of getting caught. This can be
detected via lie detectors, speech errors and hesitations, repetitions, fidgeting
and displacement activity, blinking, higher vocal pitch and pupil dilation.
Behavior control:
We try to control body language that might give us away. In fact, this is
impossible and leakage often occurs, for example where we are controlling our
face and our legs give us away.
Emotion:
Our emotions change when we are lying. For example, duping delight,
where the liar is secretly pleased at their perceived success. Guilt may also
appear. Micro-motions in facial muscles can betray hidden emotions.
Thinking:
To lie, we usually have to think a lot harder, such as to ensure coherence
in our arguments. This leads us to take longer in speaking with more pauses. We
also tend to use more generalities to avoid getting trapped by specific detail.

Information Manipulation Theory

In order to persuade or deceive, a person deliberately breaks one of the four

conversational maxims:

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Quantity: Information given will be full (as per expected by the listener) and
without omission.
Quality: information given will be truthful and correct.
Relation: information will be relevant to the subject matter of the conversation in
hand.
Manner: things will be presented in a way that enables others to understand and
with aligned non-verbal language.

Interpersonal Deception Theory

Lying happens in a dynamic interaction where liar and listener dance around one
another, changing their thoughts in response to each other’s moves. Liar behavior
includes:

Manipulating information: to distance themselves from the message, so if the

message is found to be false, they can extricate themselves. Thus, they use
vague generalities and talk about other people.
Strategically control behavior: to suppress signals that might indicate that they
are lying. For example, their face may be more impassive and body more rigid.
Image management: for example, by smiling and nodding more.

Kinds of Lie

1. White or Benign Lie - lie to preserve harmony of relationship.

2. Pathological Lie – cannot tell right from wrong.
3. Red Lie - communist propaganda
4. Black Lie - lie to dishonor or to discredit
5. Malicious/Judicial Lie -misleading or lie to obstruct justice.
6. Fabrication - misrepresentation of truth
7. Bold-Face Lie - obviously lying
8. Lying by Omission - omission of important facts
9. Lie to Children - to gain acceptance to children
10.Noble Lie - to maintain law and order
11.Emergency Lie - to prevent harm to third party
12.Perjury - false testimony under oath
13.Bluffing - pretense of capability/intention one does not possess
14.Jocose Lie - meant to be jest, teasing and sarcasm
15.Contextual lie - stating part of truth out of context
16.Promotion lie - incredible advertisements

Type of Liars

1. Panic Liars
2. Occupational Liars
3. Tournament Liars
4. Psychopathic Liars

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5. Ethological Liars
6. Pathological Liars
7. Black Liars

DETECTING DECEPTION

Deception detection refers to the investigative practices used to determine a

person’s truthfulness and credibility. This is largely determined through the
consideration of certain behavioral and physiological cues as well as larger contextual
and situational information. While historians are not entirely sure where or when
deception detection practices originated, it is clear that humans have been trying to
figure out how to tell if someone is lying for centuries.
Fortunately, the methodologies have evolved drastically over time, shifting first
from non-scientific testing to more biologically-oriented ones. Today’s deception
detection generally combines behavioral psychology (i.e., human observation) and
technology (i.e. polygraphs and artificial intelligence).

EARLY METHODS OF DETECTING DECEPTION

1. Trial by Combat = a method to settle accusations in the absence of witnesses or

a confession, in which two parties in dispute fought in single combat.

2. Trial by Ordeal = a judicial practiced by which the guilt or innocence of the

accused is determined by subjecting them to an unpleasant, usually dangerous
experience or in the present term would mean an employment of “3 rd degree”. The
word “ordeal” was derived from the Medieval Latin word “Dei Indicum” which means “a
miraculous decision”.

SCIENTIFIC METHODS OF DETECTING DECEPTION

1. Hypnotism

This method was introduced by an Austrian Physician Franz Friedrich Anton

Mesmer in 1778. He believed in animal magnetism, by which in his personal electro-
magnetism therapeutic effect influenced other persons. These effects were attributed to
the state of mind of a subject whereby he is set up, and thereby instructed to sit quietly
and gazed at flashing light or shiny object tangled in front of the eyes and to cooperate
with whatever the hypnotist would like him to do.
Detected deception through hypnosis is not admissible in court due to the
following:
It lacks the general scientific acceptance of the reliability of hypnosis in
ascertaining the truth falseness.
The possibility that the hypnotized subject will deliberately fabricate.

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The prospect that the state of heightened suggestibility in which the hypnotized
subject is suspended will produce distortion of the fact rather than the truth.
The state of mind and professionalism of the examiner are too subjective to
permit admissibility of the expert testimony.

2. The Word Association Test

This method was introduced by Sir Francis Galton in 1879. His experiment was
later developed by Dr. Carl Gustav Jung. This method is done by giving the subject a
long list of carefully selected stimulus words or objects with other pictures combined
with other irrelevant words, objects or pictures with the instruction to respond with the
very first word that may come to the subject’s mind. Dr. Jung was able to observe how
the thinking reactions were linked into the emotional habit of the subject. The theory
behind this is that, one word or idea is reflective of another word or idea and the
expression of other association forms a meaningful picture.

3. The Truth Serum Method

Dr. Edward Mandel House introduced this method. The procedure does not
make someone tell the truth and the thing administered is not a serum but is actually a
drug.
This method is based on the theory that intervention through interrogation is
made possible after dosage of drugs has been appropriately administered, which
depresses the cerebral activity to a point of unconsciousness, an influence called as
the House Receptive Stage or the Twilight Zone. On this condition the subject is
asleep.
The objective of the test is to extract from the subconscious mind of the subject,
the stored contents of the mind called memory. During the test, a drug called Byosine
Hydromide is usually administered is usually administered hypodermically to the
subject in repeated dose until s state of delirium is induced. When the proper point is
reached, the questions were answered by the subject truthfully. He forgets his acts or
may even implicate others. Accordingly, he will disclose everything without
evasiveness.
Of all the deception detection methods, the Truth Serum test is considered most
favorable and effective if all the following condition proper to the conduct of the test will
be observed:
The test must be performed by skilled experimenter, operator, technician
or physician.
The subject expresses his consent to undergo the test
The dosage of drugs injected or administered is sufficient for acquiring
desired results.
There is sufficient time during the test.
Assurance of result is acquired to determine truth or deception.

Though statements taken from the subject under this process is not admissible
as evidence in court because its nature is involuntary, its application to criminal

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investigation is very useful because of its psychological effect, before, during and after.
Just as well, a person not knowing the misleading notion of the test may tell the truth to
avoid pain of needles and the possible brain destruction even before the test is done.

4. Narco-Analysis or Narco- Synthesis

This method of detecting deception was practically the same as that of the
administration of truth serum. The only difference is the drug used. The drug Sodium
Amythal or Sodium Pentothal is administered to the subject. When the effects appear,
questioning starts. It was claimed that the drug causes depression of the inhibitory
mechanism of the brain and the subjects talks freely. The administration of the drug and
the subsequent interrogation must be done by a psychiatrist. Like the administration of
the truth serum, the result of the test is not also administered in court.

5. Intoxication

This was practiced by means of drinking alcoholic beverages as stimuli to obtain

truth on the part of the subject. The subject for interrogation will be allowed to take
alcoholic beverages up to the point of intoxication. Theoretically, the subject when
under the influence of alcohol, the power of control is said to be diminished; thus, the
subject will tend to tell everything he knows or reveal all the relevant information.
Interrogation is to be made during the excitatory effect of alcohol.
Under this method, there is eventually lack of self-control of the subject under
intoxication. When the subject is already in the depressive state due to excess alcohol
intake, he will not be able to answer questions anymore, and perhaps fall asleep.
Confession made by the subject while intoxicated is admissible if he is physically able to
recollect the facts and state them truly and exactly even after the influence or spirit of
alcohol has disappeared. But in the most instances, the subject can recall his
utterances or usually refuses to admit the truth of the statement given.

6. The Psychological Stress Evaluator (PSE)

When a person speaks, there are audible voice frequencies, and superimposed
on these are the inaudible frequency modulations which are products of minute
fluctuations of the muscle of the voice mechanism. Such oscillations of the muscles or
micro tremor occur at the rate of 8-14 cycles per second and controlled by the central
nervous system.
When a person is under stress as when he is lying, the micro tremor in the voice
utterance is moderately or completely suppressed. The degree of suppression varies
inversely to the degree of psychologic stress on the speaker. The psychological stress
evaluator (PSE) detects, measures, and graphically displays the voice modulations that
we cannot hear.
When the person is relaxed and responding honestly to the question, those
inaudible frequencies are clearly registered on the instrument. But when a person is
under stress, as when he is lying these frequencies tend to disappear. Under this
method, the following, the following procedures are followed:

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the examiner meets the requesting party to determine the specific purpose
of the examination and to begin the formulation of relevant question.
A pre-test interview is conducted with the subject to help him or her feel at
ease with the examiner, to provide an opportunity to specify matters, to
eliminate outside issues and to review questions that will be asked.
An oral test of about 12-15 yes or no questions is given which is recorded
on a tape recorder. The questions are a mixture of relevant and irrelevant
questions.
Immediately following the test or a late time, the tape is processed through
the Psychological Stress Evaluator for analysis of answer.
If stress is indicated, the subject is given authority to provide additional
clarification. A retest is given to verify correction and clarification.

Questioning the Suspect and Witnesses

Investigators who have interviewed thousands of complainants, witnesses and

subjects know the standard questions they should always ask, but they also know the
importance of following the trail to ask new questions based on the information
revealed.
So, while the investigation interview questions below provide a great basis for starting
the conversation and covering the basics of what happened, don’t limit yourself. It’s by
asking the probing questions that arise from what’s revealed in the conversation that the
whole truth is uncovered.
After questioning the person who filed the complaint, the next step is to interview
any witnesses to the incident being reported.
The most compelling witnesses are, of course, those who actually witnessed the
incident. But witnesses can also be those who heard about the incident from others who
witnessed it or those to whom the reporter relayed the incident after the fact.
It can also be helpful to interview witnesses to other incidents that the subject of
the complaint was involved in.

Questioning the “Accused”

You’ve heard the accounts of everyone else involved in the incident, and it’s
difficult to avoid forming an opinion before getting to this crucial interview. Keeping in
mind that the purpose of interviewing the subject of the complaint (also known as the
accused) is simply to find out the truth, it’s important to pay attention to credibility clues
and be aware of any biases that may affect your judgment.
You’ll “catch more flies with honey”.
Questioning the accused person is often the most sensitive of all the interviews
you will conduct. You’ve heard the accounts of everyone else involved in the incident,
and it’s difficult to avoid forming an opinion before getting to this crucial interview.
But it’s important that you keep an open mind to avoid making assumptions based on
what you’ve already heard.

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Sample Questions to Ask the Subject of the Complaint:

Here’s what to ask the subject of the complaint:

What happened?
If the subject denies that the incident occurred, ask:
Is there any reason anyone would invent or lie about the incident?
Where were you when the alleged incident occurred?
Do you have any witnesses who can corroborate your whereabouts at the time of
the incident?
If the subject doesn’t deny that the incident occurred, ask:
When and where did this happen?
What were the circumstances leading up to the incident?
Who else was involved?
What is your connection to the complainant?
Are you aware of any other complaints by this person?
Recount the dialogue that occurred in order of what was said.
What did the complainant do or say?
Is there any evidence to support your account of what happened?
Is there anyone else we should talk to who had knowledge of the incident or the
circumstances surrounding it?
Have you talked to anyone about the incident? Who? What did you tell them?

Tips for Questioning All Parties

Everyone has personal biases and it’s an investigator’s job to recognize those
biases and take them into account. The most important thing to remember when
conducting investigation interviews is that your main objective is to simply find out the
truth about what happened. There will be barriers, detours and challenges along the
way, but as long as you stay focused on that one goal, you’ll stay on track.
One of the challenges you’ll face is staying objective. Everyone has personal
biases and it’s an investigator’s job to recognize those biases and take them into
account. This takes a great deal of self-awareness and self-control, but an excellent
investigator has both of these qualities.
When assessing the creditability of the subject, complainant and witnesses, you’ll
also need to keep your biases in check and follow best practices. Before beginning the
questioning phase above, ask some basic questions that are not connected with the
incident being investigated.
They should be non-threatening questions to which you already know the
answers. This helps you to establish a baseline against which you can measure the
person’s subsequent behavior, language and manner.

Sample Questions to ask:

What did you witness?

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What was the date, time and duration of the incident or behavior you witnessed?
Where did it happen?
Who was involved?
What did each person do and say?
Did anyone else see it happen? Who?
What did you do after witnessing the incident or behavior?
Did you say anything to the parties involved in response to what you witnessed?
How did the complainant and the subject of the allegation react to your
response?
Did you report this to anyone in management? To whom? When? What they say
and/or do?
Did you tell anyone about the incident or behavior? Who?
Do you know why the incident or behavior occurred?
Do you know anyone else who can shed light on this incident?
Is there anything else you want to tell me that I haven’t asked you?

Activity No. 6

Name:_________________________________________Date:___________________

1. What is a Lie?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
______________________________.

2. Explain the different theories of lie.

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___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________________________________.

3. Identify the scientific methods of detecting deception and explain each.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________.

4. Make a simulation video with the witness/suspect using the sample questions
above and send it to my messenger.

AFFIDAVIT

Pre-assessment

1. What is an affidavit?
2. Who executes an affidavit?
3. When is affidavit consider a legal document?

Learning Outcomes:

Understand the legal purpose of affidavit; and

Be familiar with the different types of affidavit.

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Introduction

An Affidavit is a sworn statement of fact written by deponent or an affiant under

an oath taken by an officer authorized by the law. It is generally characterized as a
voluntary, written statement taken under an oath, witnessed as well as signed by an
authorized official, and used for the purpose of evidence in the court. However, since an
affidavit is a legally binding document, therefore, in case the oath contains false
documentation, the individual who signed it is liable to be accused of perjury. The
person who takes oath on an affidavit is called an affiant under the law.

Purpose of an Affidavit

An affidavit can be utilized for a number of reasons. Most of the time, the court
requires you to file an affidavit to prove that the information you’re presenting is based
on facts. It also serves as evidence for its veracity and is required in court proceedings.

How legal is an Affidavit?

An Affidavit is utilized as a legal vow or promise in writing. An affidavit is a legal

document that is signed and attested by a lot of individuals. It is characterized as a legal
oath in writing. It is responsible for maintaining the rule of law. Thus, it is utilized to
make certain that a person is held responsible for the vow he/she made regarding the
data or information presented in the affidavit, thereby, binding him/her to the
truthfulness of the data.

Below are few common types of affidavits in criminal investigation:

Sample EXTRA JUDICIAL CONFESSION

NOTE: This only serves as a guide and questioning may not be limited only to elicit
voluntary information found herein.

SWORN STATEMENT OF __________(NAME OF AFFIANT)__________ THAT WAS FREELY

AND VOLUNTARILY GIVEN TO ___(RANK AND NAME OF POLICE OFFICER)___ , MEMBER
OF THE __ _______(OFFICE NAME)________, LOCATED AT
_______________________________, THIS ____ DAY OF __________, 2016 AT ABOUT
______ IN THE (MORNING/AFTERNOON) IN THE PRESENCE OF ______(NAME OF
COUNSEL)_______ HIS/HER CHOSEN COUNSEL OR COUNSEL GIVEN BY THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, TO ASSIST HIM/HER IN THE
GIVING OF STATEMENTS AND _______(OTHER WITNESS/ES)_______________,
____________________________________________________________________________
____________________________,

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COVENANT: Mr. / Ms. / Mrs. ____________________________________, hereby volunteer

yourself to give sworn statement about your personal knowledge about
_____________________________________________ that transpired on
____________________________ at _____________________________________.

Before you will give your sworn statements, I would like to inform you of your rights enshrined
under the 1987 Philippine Constitution, as follows:

1. That you have the right to remain silent and any information that you will give can be
used as evidence against you in any court of the Philippines;
2. That you have a right to have a counsel preferable of your own choice, if you cannot
afford the services of the counsel, the Government of the Philippines will give you one to assist
you;
3. That you have the right to know why you are here in our Office; and
4. That you have the right to be informed of all your Constitutional rights enumerated
above.

QUESTION: After you were informed of all your Constitutional rights, are you willing and
voluntarily sign your signature to attest that you were informed and fully understand your rights
under the 1987 Philippine Constitution?
ANSWER: Yes, Sir/Mam ______________________.

AFFIRMATION

I HEREBY AFFIRMED that I, ___________________________________ was informed and

fully explained of all my rights enshrined under the 1987 Philippine Constitution, which I
understand as follows:
1. That I have the right to remain silent and any information that I will give can be used
as evidence against me in any court of the Philippines;
2. That I have a right to have a counsel preferable of my own choice, if I cannot afford
the services of the counsel, the Government of the Philippines will give one to assist me;
3. That I have the right to know why I am at the ____ (name of Office)___________;
and
4. That I have the right to be informed of all my Constitutional rights enumerated above.

_________________
Affiant

SIGNED IN THE PRESENCE OF:

______________________________________
Assisting Counsel of the Affiant
Attorney Roll No. ____________

SWORN STATEMENT OF ______________________________________, THAT WAS GIVEN

FREELY AND VOLUNTARILY TO_____________________________, A MEMBER OF
__________________________ AT _______________________________________.

QUESTION : Do you have a counsel to assist you?

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ANSWER : (Yes/No)
QUESTION : If you are given a counsel by this Office to assist you, are you willing to accept
his/her services in assisting you?
ANSWER : Yes. I will accept his/her services in assisting me as my counsel.

HERE, ______________(name of counsel)________, a lawyer from ______(place of

lawyer)_________, member of the Integrated Bar of the Philippines (IBP), is given to you by this
Office and will provide his services to assist you in your confession. (______name of assisting
lawyer_______), HERE is (______name of affiant______) that you will be assisting and provide
your services as his/her counsel in his/her free and voluntary confession to this Office.

At this juncture (Name of Affiant) and said counsels conferred with each other and after a short
while, affiant agreed to accept the services of said counsel. (Name of Assisting Counsel).
Likewise expressed their conformity and agreed to serve as the affiant’s counsels to advise and
assist him in the execution of his affidavit. (Name of Assisting Counsel) informed affiant about
the possible consequences upon him of said affidavit and affiant still expressed his desire to
execute the same. Hence, the following:

1. Q: After you are fully informed and explained of all your rights under the 1987 Philippine
Constitution in relation to your voluntary confession, are you willing to freely and voluntarily
give your statements truthfully and that all your statements are true and nothing but the truth
only?
A: Yes. All will be true statements.

2. Q: What is your name, age, address and other personal circumstances?

A: ________________________.

3. Q: What is your highest educational attainment?

A: ___________________.

4. Q: Do you know how to talk, read and understand English?

A: _____________________.

5. Q: What is your present work/profession?

A: ____________________.

SWORN STATEMENT OF ______________________________________, THAT WAS GIVEN

FREELY AND VOLUNTARILY TO_____________________________, A MEMBER OF
__________________________ AT _______________________________________.

6. Q: What are the reasons why you are voluntarily came to this Office?
A: Because I want to change my life and I want to freely and voluntarily give information
relative to the illegal activities of my previous drug syndicate.

[KNOWLEDGE/INFORMATION ABOUT
ILLEGAL DRUG NETWORK]

7. Q: If that is the case, can you tell us all your knowledge/information about the illegal drugs
activities of your gang?

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A: Yes sir. I am previously a member of the _________________. We are _________

members in the gang. Our leader is ___________, an AWOL PNP Officer. The other gang
members are ________, ________, ________, __________, _________ at __________. Every
one of us carry caliber .45 pistols for our protection. We have also two long firearms (armalite
rifles) inside our service ___________ with plate number ____________. Our gang controlled
the marketing of illegal drugs known as “SHABU” all over _____________. We usually peddled
5-10 kilograms of “SHABU” in a week.

8. Q: What is your function in the gang?

A: I’m the one looking for pushers in the street level.

9. Q: If you look for pushers, what did you do?

A: I will set a meeting and talk with them on the drug deal.

10. Q: What happened if they agreed with the drug deal with your gang?
A: They will become our pusher member and they have the privilege to use “SHABU” in our
den for free, provided they will sell our item “SHABU” and remit the proceeds to the gang every
day.

11. Q: How many grams do you give to your pushers every day?
A: I give each of them 50 grams.

12. Q: How much per gram of your “SHABU”?

A: We give only 200.00 per gram to our pushers.

13. Q: You said that your gang has a drug den, where it is located and who manage it?
A: It is located at ______________________________. Our leader
______________________ manage our drug den.

SWORN STATEMENT OF ______________________________________, THAT WAS GIVEN

FREELY AND VOLUNTARILY TO_____________________________, A MEMBER OF
__________________________ AT _______________________________________.

14. Q: Who are your street pushers/peddlers?

A: As far as I remember, they are _________, ____________, _________, ____________
and __________________.

15. Q: Where did they live?

A: ____________ live in _____________, _______________ at ____________,
while_____________ at _________________. I did not know where the two pushers live.

16. Q: You have elaborated your pushing activities; may I know where do you get your supply of
“SHABU”?
A: Most of our “SHABU” came from ______________________.

17. Q: Can you specify on whom do you get your “SHABU”?

A : Being in the underground world, I have heard many big names but there is always a
common name I know as the main supplier, his name is ____________________________, a
Filipino-Chinese national.

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18. Q : Now, that you mentioned ____________________, as the main supplier, how big his
illegal drug activities and how powerful or influential he is?
A: His illegal drugs trade is a multi-billion underworld business. He has connections in China
and here in the Philippines, both political and law enforcement.

19. Q : Do you know who are his connections here in the Philippines?
A : As far as I know, he is very close to ______________________, a three star general in
Camp Crame. Also, with ___________________, a Congressman in Cebu.

20. Q : How do you know him?

A : Sometimes in 2015 I and ________________ were introduced during a special gathering
of a local politician friend.
21. Q: On your first meeting, what were your agenda?
A: He talks about illegal drugs business in the Philippines. He looked for some trusted
persons to deal with the illegal drugs. He asked me if I can be his partner here in the
Philippines, but I refused his offer. However, I assured him that I can be one of his primary
pushers.

22. Q: Now that you’re on the deal of pushing his “SHABU”, how it is done to have you the
illegal drugs?
A: I pick up the “SHABU” in the port. He calls me that his “SHABU” arrives and available for
pick up in the port, there we met in the port and gives me the volume I needed.

SWORN STATEMENT OF ______________________________________, THAT WAS GIVEN

FREELY AND VOLUNTARILY TO_____________________________, A MEMBER OF
__________________________ AT _______________________________________.

23. Q: You said that the “SHABU” arrives in the port, where does it came from?
A: The “SHABU” came from main land China.

24. Q: How and where it is transported?

A: Mr. (name of the main supplier) has a legitimate cargo business from China to Manila and
vice versa. He owned 3 vessels. Every time each vessel arrived in the Manila port it carries
large volumes of “SHABU”, alongside with his legal cargo business.

25. Q: What are the vessels names?

A: It is MV_________, MV_________ and MV _______________.

26. Q: Where and when these vessels ducked here in the Philippines?
A: Usually the vessels arrived on Sunday, Wednesday and Friday at pier 25, Port of Manila.

26. Q: _______xxxxx OTHER CONNECTING QUESTIONS xxxxx_______

A: _________xxxxx ANSWERS xxxxx__________

27. Q: Are you willing to help us find and bring the other members of your gang to justice?
A: Yes. I am willing to help in order to stop their illegal drug activities.

28. Q: For the meantime, I don’t have further questions, do you have any statements to add or
take away on this affidavit?
A: I don’t have sir for the meantime.

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29. Q: Were you threatened, promised or bribed to do this confession?

A: No sir. I made it voluntarily with my own free will.

30. T: Are you willing to sign this affidavit consisting of six (6) pages, to certify that all the
statements you made are true.
S: Yes sir.

---------END OF STATEMENT----------

SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2016 at

___________________________. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

_______________________
Administering Officer

Sample AFFIDAVIT OF ARRESTING OFFICERS

Republic of the Philippines)
____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

JOINT AFFIDAVIT OF ARREST

We, the UNDERSIGNED Police Officers, both members of the Philippine National Police,
presently assigned at the __________________________, _________, _____________, do
hereby depose and state THAT:

01. We are among the members of the ___________________________________ who

conducted entrapment operations at _______________________ located along
________________________________, _______________;

02. Said operation stemmed from the complaint of _____________ for violation of
______________________________________ which was referred to our office by the
______________________________ against _____________________, (age), (civil status),
(nationality) and residing at No. __________________________, __________________;

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03. On the complaint dated _______________, (state the act and the crime committed).

04. Upon receipt of their said complaint, our office planned out an entrapment operation against
the suspect. At about ______________ of ______________, the undersigned together with the
complainant proceeded at the prearranged pay off _________________________ located
along ____________________________, __________ to give the money being asked by the
respondent;

05. Upon arrival thereat, complainants waited for the suspect to arrive while we the undersigned
seated near the table of the complainants. At about ________, suspect arrived and approached
the complainants and after few conversation, complainants handed over the marked money to
the suspect that minutes of prompted the undersigned to immediately effect arrest;

06. Seized and recovered in the possession and control of the arrested person were the
following, to wit:

a.) Marked Money, (state the denomination and serial numbers);

b.) (Name of documents promised);
c.) (type of CP and SIM Card); and
d.) Other evidence confiscated;

07. Suspect together with the seized and recovered evidence was brought to the
___________________________________, ____________, ___________ for booking and
proper disposition. Likewise, the arrested person was apprised of their rights as provided for
under the Constitution of the Philippines.

08. The report of the PNP Crime Laboratory Group Physical Identification Report No.
___________ dated __________, revealed that suspect ______________________ was
POSITIVE for the presence of Bright Yellow Ultraviolet Fluorescent powder on both palm and
right dorsal portion of the hands.

We executed this joint affidavit to attest the truthfulness of the foregoing facts and to support the
filing of Criminal Cases against _______________________________ for violations of
________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, we hereunto affixed our signature this ___day of ____________ at
____________, _______________.

_______________________________
____________________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I

HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied that
they voluntarily executed and understood their given affidavit.

_______________________
_________
Administering Officer

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Sample of DEPOSITION OF WITNESS

Republic of the Philippines
REGIONAL TRIAL COURT
__________________________________
Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO.____

Plaintiff
-versus- For ________________________

_________________________ Respondent

x------------------------------------------x

DEPOSITION OF WITNESSES

We, _______________________________ after having been duly sworn to testifies, as follow:

Q- What is your name and other personal circumstance?

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A- We are_______________ and _________________ both of legal ages, and (civil

status) and presently assigned with the _________________;

Q- Do you know ____________________, the applicant for Search Warrant?

A

Q- Do you know the premises of _____________________________,

A

Q- Do you have personal knowledge that in said premises the following properties are
being kept, being used or intended to be used without proper documents, to wit:
_______________
A

Q- Do you know who is or who is the person or persons who have or have control of him
above described properties?
A

Q. How did you know that the said properties are kept in his/her premises which are
subject of the offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is
keeping ___________________ in his/her premises/ residence.

__________________________
__________________________ Affiant
Affiant
SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at
________________________.
_________________________
Judge
Sample of Affidavit of Complaint
Republic of the Philippines)
____________, ________) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF COMPLAINT

The UNDERSIGNED, __________________________, accuses _________, of

_____________, committed as follows, to wit:

That on or about _________, at about _____________ in the _________________,

______________, Philippines, the said accused did then and there willfully, unlawfully,
feloniously, and by means of _____________, committed _____________, upon the
undersigned directly by overt acts to wit: (state the details how the crime was committed).

The undersigned executed this affidavit to attest the truthfulness of the foregoing facts
and to support the filing of Criminal Cases against _______________________________ for
violations of ________________________.

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___________, this _____ day of __________, ____.

_______________________
Offended Party

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein offended
party and I am satisfied that they voluntarily executed and understood their given affidavit.

_________________
Judge

WITNESSES:

__________________________

__________________________

Activity No. 7

Name:___________________________________________Date:_________________

1. Explain the importance of affidavit in a criminal proceeding.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________________________________________________________.

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PT PRACTICE CASE
Constituting Falsification Under Art. 171 of the Revised penal
Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof

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in a protocol, registry, or official book.

2. Specimen or Standard Writing.
To prove falsification, it is usually necessary for an investigator for secure
a specimen of the suspect’s handwriting for comparison purpose. There
are two (2) classes of specimen or standard writings. One consist of
writing or printing executed from the day to day in the course may be
referred to as collected standard. The second class consist of specimen’s
of the person’s writing or printing executed upon request of the
investigating officer for the sole purpose of comparison with the
questioned documents and are generally known a requested or dictated
standard.
a) Procedure for Obtaining Collected Standards:
(i) Obtain at least 15 to 20 genuine signature.
(ii) If investigation is about other specimens of handwriting or
handwriting, secure at least 4 to 5 pages of handwriting
or hand-printing.
(iii) Procure ink signature for comparison with questioned ink
specimens and pencil standard for comparison with
questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same
purposes as the questioned documents.
(v) Supplement standard with the signatures for different
purposes.
Acts Constituting Falsification Under Art. 171 of the Revised penal
Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.
2. Specimen or Standard Writing.
To prove falsification, it is usually necessary for an investigator for secure
a specimen of the suspect’s handwriting for comparison purpose. There
are two (2) classes of specimen or standard writings. One consist of
writing or printing executed from the day to day in the course may be
referred to as collected standard. The second class consist of specimen’s

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of the person’s writing or printing executed upon request of the

investigating officer for the sole purpose of comparison with the
questioned documents and are generally known a requested or dictated
standard.
a) Procedure for Obtaining Collected Standards:
(i) Obtain at least 15 to 20 genuine signature.
(ii) If investigation is about other specimens of handwriting or
handwriting, secure at least 4 to 5 pages of handwriting
or hand-printing.
(iii) Procure ink signature for comparison with questioned ink
specimens and pencil standard for comparison with
questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same
purposes as the questioned documents.
(v) Supplement standard with the signatures for different
purposes.
Acts Constituting Falsification Under Art. 171 of the Revised penal
Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.
2. Specimen or Standard Writing.
To prove falsification, it is usually necessary for an investigator for secure
a specimen of the suspect’s handwriting for comparison purpose. There
are two (2) classes of specimen or standard writings. One consist of
writing or printing executed from the day to day in the course may be
referred to as collected standard. The second class consist of specimen’s
of the person’s writing or printing executed upon request of the
investigating officer for the sole purpose of comparison with the
questioned documents and are generally known a requested or dictated
standard.
a) Procedure for Obtaining Collected Standards:
(i) Obtain at least 15 to 20 genuine signature.
(ii) If investigation is about other specimens of handwriting or

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handwriting, secure at least 4 to 5 pages of handwriting

or hand-printing.
(iii) Procure ink signature for comparison with questioned ink
specimens and pencil standard for comparison with
questioned pencil specimens.
(iv) Secure, when available, genuine signature for the same
purposes as the questioned documents.
(v) Supplement standard with the signatures for different
purposes.
Acts Constituting Falsification Under Art. 171 of the Revised penal
Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book
ts Constituting Falsification Under Art. 171 of the Revised penal
Code.
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that the persons have participated in any act
when they did not in fact so participate.
c) Attributing the persons who have participated in an act or
proceeding statements other than those in fact made by them.
d) Making untruthful statement in a narration of facts.
e) Altering true dates.
f) Making any alteration in a genuine document which changes its
meaning.
g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exist, or
including in such copy statement contrary to, or different from, that
of the genuine original.
h) Interrelating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book
SPECIAL CRIME INVESTIGATION

Pre-assessment

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1. Why it is important to investigate?

2. What is a special crime?
3. What are the types of crime under special crime investigation?

Learning Outcomes:
Discuss and identify the crimes under special crime Investigation
Define and discuss the proper procedure in interviewing the Persons of Interest,
Suspects, and Witnesses

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. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon
things.

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 person 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.
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Two Kinds of Robbery:

1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
0. Belonging to another – person from whom property was taken need not be the
legal owner, possession is sufficient. The property must be personal property
and cannot refer to real property.
a. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide.
b. Taking of personal property – must be unlawful; if given in trust – estafa.
c. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete.
d. As to robbery with force upon things – thing must be taken out of the building.
e. Intent to gain – presumed from unlawful taking – 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)
f. When there’s no intent to gain but there is violence in the taking- grave coercion.
g. Violence or intimidation must be against the person of the offended party, not
upon the thing.
h. 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 complex with any of this crime under ART.
294, even if taking is already complete when violence was used by the
offender.
j. Use of force upon thing – entrance to the building by means described
and ART. 299 and 302 (Offender must enter). The other kind of robbery is
one that is committed with the use of force upon anything in order to take
with intent to gain, the personal property of another. 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).
j. When both violence or intimidation and force upon things concur – it is
robbery with violence.

Robbery and Theft, compared.

0. 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.

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Investigative Techniques in Robbery cases:

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

Physical Evidence to be collected:

1. Footprints
2. Fingerprints
0. Areas of break
a. Closets – prints may be found in door and jams
b. Door knobs
c. Dressers
d. Pieces of furniture
e. Bottles and glasses
f. Walls
g. Tools
h. Desks
0. Clothing – sometimes the robbers exchange their own jackets with that one
found.

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1. 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.
2. 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.
3. Tool marks
4. Tools
5. Observed odd behavior patterns in the crime scene
6. Cords and ropes used
7. Firearms used
8. 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-Cattlle 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.

Article 267 – Kidnapping and Serious Illegal Detention

Elements:

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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:
0. That the kidnapping of detention lasts for more than 3 days
a. That is committed simulating public authority
b. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
c. 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.

Important factors in Kidnapping Cases:

1. The safe return of the victim
2. Identification and apprehension of the suspect

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

Kidnapping where ransom is involved:

Phase I.

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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
10. Establish possible motives

Phase II. After the victim has been returned or the body has been located.
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. All details should be obtained.
1. Re interview all witnesses
2. Conduct surveillance
3. Determine whether the kidnapper is familiar with the victims, residential area,
habits and financial status.
4. 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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Carnapping under Republic Act No. 10883

Republic Act No. 10883, or otherwise known as the 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:

1. road rollers, trolley cars, street sweepers, sprinklers, lawn mowers,

bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on
public highways;
2. vehicles which run only on rails or tracks; and
3. 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.

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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.
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:
1. when charged with carnapping;
2. when the crime of carnapping is committed by criminal groups, gangs or
syndicates
3. when carnapping is committed by means of violence or intimidation of any
person or persons or forced upon things
4. when the owner, driver, passenger or occupant of the carnapped vehicle
is killed or raped in the course of the carnapping.

Special Provision on Reward who reports carnapping

Any person who voluntarily gives information leading to the recovery of

carnapped vehicles and for the apprehension of the persons charged with carnapping
shall be given monetary reward as the PNP may determine. Any information given by
informers shall be treated as confidential matter.

The crime Scene. Make a methodical and thorough search.

b) Avenues of Approach. How did the search(s) arrive?
c) Avenues of Escape. Investigate and search along this route.

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d) Places where victim was seen immediately preceding his death.

Who was he with? What was he doing? Was this customary? Get
the time.
e) Places where suspect claims he was; places where ha was seen
prior to, during and after the crime was committed for the purpose
of checking his alibi.
f) Places where evidence can be found. Weapons or poisons, etc.
Where can they be obtained? Where can they be hidden?
g) Other places as indicated by the peculiar circumstances of the

Republic Act No. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of
2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity
of every human person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of measures and
development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of
women and men as enshrined in the United Nations Universal Declaration on Human
Rights, United Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their Families. United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - 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

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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.

The recruitment, transportation, transfer, harboring or receipt of a child for the

purpose of exploitation shall also be considered as "trafficking in persons" even if
it does not involve any of the means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct in
exchange for money, profit or any other consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from
any person by means of enticement, violence, intimidation or threat, use of force
or coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods
for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the

production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or
payment for a debt, when the length and nature of services is not clearly defined
or when the value of the services as reasonably assessed is not applied toward
the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means,
of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.

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(i) Council - shall mean the Inter-Agency Council Against Trafficking created
under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any

means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

(b) To introduce or match for money, profit, or material, economic or other

consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt
bondage;

(d) To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or

use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the

Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote
or facilitate trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building
or establishment for the purpose of promoting trafficking in persons;

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(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any means,
including the use of information technology and the internet, of any brochure,
flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking in
persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country
at international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose
of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal

documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.

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;

(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;

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(d) When the offender is an 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 trafficked 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 or on occasion of the act of trafficking in persons, the

offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).

Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an

offense under this Act, law enforcement officers, prosecutors, judges, court personnel
and medical practitioners, as well as parties to the case, shall recognize the right to
privacy of the trafficked person and the accused. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial. The name and personal circumstances of the trafficked person or of
the accused, or any other information tending to establish their identities and such
circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful

for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer and director of a film in
case of the movie industry, or any person utilizing tri-media facilities or information
technology to cause publicity of any case of trafficking in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where the
trafficked person actually resides at the time of the commission of the offense: Provided,
That the court where the criminal action is first filed shall acquire jurisdiction to the
exclusion of other courts.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:

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(a) Any person found guilty of committing any of the acts enumerated in Section
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
less than One million pesos (P1,000,000.00) but not more than Two million
pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section
5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment

or any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and
license to operate of the erring agency, corporation, association, religious group,
tour or travel agent, club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. The owner, president, partner or manager
thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving

his sentence and be barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve
the issuance of travel exit clearances, passports, registration certificates,
counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments or
other individuals or groups, who fail to observe the prescribed procedures and
the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed
from the service and be barred permanently to hold public office. His/her
retirement and other benefits shall likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.

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Section 11. Use of Trafficked Persons. - Any person who buys or engages the services
of trafficked persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined by
the court and a fine of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten
(10) years: Provided, however, That trafficking cases committed by a syndicate or in a
large scale as defined under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be interrupted
by the filing of the complaint or information and shall commence to run again when such
proceedings terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from the
payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty imposed for the violation of this Act,
the court shall order the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the commission of the crime, unless they are the
property of a third person not liable for the unlawful act; Provided, however, That all
awards for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred
to prevent the same from being found or to avoid forfeiture or confiscation, the offender
shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a
Trust Fund to be administered and managed by the Council to be used exclusively for
programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate
trafficked persons into the mainstream of society. Such programs shall include, but not
limited to, the following:

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(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment

of a data collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate

government agencies and non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus

building amongst the public, the academe, government, NGOs and international
organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall
establish and implement preventive, protective and rehabilitative programs for trafficked
persons. For this purpose, the following agencies are hereby mandated to implement
the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of policies
and implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the
Machine Readable Passports to protect the integrity of Philippine passports,
visas and other travel documents to reduce the incidence of trafficking through
the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure

counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement

rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs
for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document
and report cases of trafficking in persons involving employers and labor
recruiters.

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(d) Department of Justice (DOJ) - shall ensure the prosecution of persons

accused of trafficking and designate and train special prosecutors who shall
handle and prosecute cases of trafficking. It shall also establish a mechanism for
free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation and monitoring of policies
addressing the issue of trafficking in persons in coordination with relevant
government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for women's
issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension of
suspected traffickers both at the place of arrival and departure and shall ensure
compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with
the guidance and counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement
agency to undertake surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. It shall closely coordinate with
various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a
system to receive complaints and calls to assist trafficked persons and conduct
rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an

effective pre-employment orientation seminars and pre-departure counseling
programs to applicants for overseas employment. It shall likewise formulate a
system of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a
databank for the effective monitoring, documentation and prosecution of cases
on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of
trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in municipalities or provinces in
coordination with DILG, Philippine Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall

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encourage and support community based initiatives which address the trafficking
in persons.

In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people's organizations (Pos), civic organizations and other
volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be

recognized as victims of the act or acts of trafficking and as such shall not be penalized
for crimes directly related to the acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be
irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines
issued by the Council, trafficked persons in the Philippines who are nationals of a
foreign country shall also be entitled to appropriate protection, assistance and services
available to trafficked persons under this Act: Provided, That they shall be permitted
continued presence in the Philippines for a length of time prescribed by the Council as
necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an

Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas
Filipino workers (OFWs) and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons. These representatives shall

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be nominated by the government agency representatives of the Council, for

appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to
meetings, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting, rules and regulations.

Section 21. Functions of the Council. - The Council shall have the following powers and
functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress

the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign

on the existence of the law and the various issues and problems attendant to
trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or

establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation

with DOLE, DSWD, Technical Education and Skills Development Authority
(TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may
be needed to effectively implement this Act;

(j) Complement the shared government information system for migration

established under Republic Act No. 8042, otherwise known as the "Migrant
Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in
persons, and ensure that the proper agencies conduct a continuing research and
study on the patterns and scheme of trafficking in persons which shall form the
basis for policy formulation and program direction;

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(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance

among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications

(DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring
the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain
the purposes and objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish the
necessary Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned government
agencies shall make available the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights
and the procedure for filing complaints, claiming compensation and such other
legal remedies available to them, in a language understood by the trafficked
person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and
carried out.

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Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the category
"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas

Filipinos as provided for by Republic Act No. 8042 shall also be extended to
trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. - The country team approach under Executive
Order No. 74 of 1993, shall be the operational scheme under which Philippine
embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE
and other appropriate agencies, shall have the primary responsibility for the repatriation
of trafficked persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host
country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include
offenses of trafficking in persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities
relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall
immediately include in their programs and issue such rules and regulations to
implement the provisions of this Act, the funding of which shall be included in the annual
General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity
of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the
Right to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom
of speech and of association, religion and the right to travel for purposes not contrary to
law as guaranteed by the Constitution.

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Section 31. Separability Clause. - If, for any reason, any section or provision of this Act
is held unconstitutional or invalid, the other sections or provisions hereof shall not be
affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders and
rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly: Provided, That this Act shall not in any way
amend or repeal the provision of Republic Act No. 7610, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was
finally passed by the Senate and the House of Representatives on May 12, 2003
respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: May 26, 2003.

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Ponzi Scheme vs. Pyramid Scheme: An Overview

Ponzi and pyramid schemes have many similar characteristics based on the
same concept: unsuspecting individuals get fooled by unscrupulous investors who
promise them extraordinary returns in exchange for their money. Unlike a regular
investment, these schemes can offer consistent profits only as long as the number of
investors continues to increase. Once the number tapers off, so does the money.

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Ponzi and pyramid schemes are self-sustaining as long as cash outflows can be
matched by monetary inflows. The basic differences arise in the type of products that
schemers offer their clients and the structure of the two ploys, but both can be
devastating if broken down.

KEY TAKEAWAYS

 Ponzi and pyramid schemes involve unscrupulous investors taking advantage of

unsuspecting individuals by promising them extraordinary returns in exchange
for their money.
 With Ponzi schemes, investors give money to a portfolio manager and are paid
out with the incoming funds contributed by later investors.
 With a pyramid scheme, the initial schemer recruits other investors to recruit
others (and so on) where new recruits pay the person who recruited them for the
right to participate or perhaps sell a certain product.
 These schemes promise big results and often fail to provide financial documents
to investors.
 Contact local authorities, the SEC, and/or the FTC if you suspect you've been a
victim of any type of financial fraud, including Ponzi and pyramid schemes.

Ponzi Schemes

Ponzi schemes are based on fraudulent investment management services. They

promise investors higher returns than traditional investments by paying returns to
investors from money taken from new investors.
Investors contribute money to the portfolio manager (the person running the
scheme) who promises them a high return. When those investors want their money
back, they are paid out with the incoming funds contributed by later investors.
The person who organizes this type of fraud is in charge of controlling the entire
operation. But rather than put the money into a type of investment that earns interest,
they merely transfer funds from one client to another and forgo any real investment
activities.

Warning Signs of a Ponzi Scheme

 Promises of high returns. Be wary if your portfolio manager makes claims that
your profits will net you substantially higher returns than those of traditional
investments.
 Little to no risk. Every investment offers some degree of risk. So there should be
some alarm bells when someone says you'll be completely shielded and your
money is protected.
 Lack of registration and licenses. Legitimate investments are regulated and
managers are licensed. Make sure you ask to see any documents and
credentials of anyone who is offering big results for your money.

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 Complicated investment strategies. If you can't understand how your money

generates returns, it's probably too good to be true.
 Missing paperwork and payments. You should be concerned if you aren't
receiving any statements and/or if you don't get the payments that you're
promised.
Examples of Ponzi Schemes

 Bernie Madoff: The most famous Ponzi scheme in recent history—and the
single largest fraud of investors in the United States—was orchestrated for more
than a decade by Bernard Madoff, who defrauded investors in Bernard L. Madoff
Investment Securities LLC. Madoff built a large network of investors from whom
he raised cash, pooling his almost 5,000 clients' money into an account he
withdrew from. But he never actually invested the money, and once the 2007-
2008 financial crisis took hold, he could no longer sustain the fraud. The total
loss to investors was estimated to be around $65 billion. 12 The controversy
sparked a period in late 2008 that is known as Ponzi Mania, in which regulators
and investment professionals were on the hunt for other Ponzi schemes.
 JSG Capital Investments: The U.S. Attorney's Office of the Northern District of
California said two men were indicted in 2016 by a grand jury for wire fraud.
Jaswant Singh Gill and Javier Carlos Rios of JSG Capital Investments were
accused of promising investors that they would buy pre-IPO shares of private
companies. Instead, the two men used the money for their own use and paid
them interest to prevent individuals from getting suspicious. More than $5.5
million was diverted while the two men were accused of raising $9.3 million from
their investors.

Pyramid Schemes

A pyramid scheme works a little differently than a Ponzi scheme. This scheme is
structured so that the initial schemer must recruit other investors who will continue to
recruit other investors, and those investors will then continue to recruit additional
investors, and so on.
People at the top of the pyramid tend to profit the most. And because they earn
more money, they're able to entice more people to join. As more people join, more
money finds its way into the pyramid, which gets funneled in from new investors to the
people higher up. But those at the bottom lose out, especially if they can't get others to
join.
There may sometimes be an incentive that is presented as an investment
opportunity, such as the right to sell a particular product or multilevel marketing (MLM).
Each investor pays the person who recruited them for the chance to sell this item. The
recipient must then share the proceeds with those at the higher levels of the pyramid
structure.

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Warning Signs of a Pyramid Scheme

You may be able to guess when you're in a pyramid scheme if the following is true:
 Recruitment. This is the main way of drawing people into the scheme. And you
can't join (and thus, earn money) unless you pay a fee. In most cases, you'll also
be promised more money if you recruit others.
 Fast cash. Most pyramid schemes promise to pay you big returns in a short
amount of time. In many cases, these returns usually come from money paid by
new recruits.
 Passive income. There are many schemes that promise to pay you money
without any actual work. Again, this money is almost always coming from new
recruits to the pyramid.
 Lack of documentation. Like the Ponzi scheme, there is almost never any
documentation that proves how the revenue is generated. Be sure to ask
for financial statements, which should be audited by a financial professional.
 Hard to understand the commission structure. If you can't understand where
your profits are coming from or how anyone in the scheme is paid, then it's
probably too good to be true.
Examples of Pyramid Schemes

 Business in Motion: This scheme required investors in Canada to pay $3,200

to join the scheme. This allowed them to purchase vacation packages that they
could then resell to others for a higher fee, thus earning a bigger return. In order
to keep the money coming for those at the top, the scheme required more
people to join. But the vacation deals weren't even the cheapest on the market,
which concerned many of the people involved. Canadian authorities charged the
organizer, who was ordered to pay $6.5 million to roughly 2,000 people in a
2014 class action lawsuit.4
 Herbalife: One of the largest accused pyramid schemes was with the nutritional
company Herbalife (HLF). The company is an MLM that develops and markets
dietary supplements with operations in more than 90 countries. Federal
regulators in the United States said that the company deceived consumers
about the potential for returns. The claim also stated that Herbalife compensated
its distributors for bringing others into the scheme, asking these new players to
purchase products before the program began. Even though it was labeled as an
illegal pyramid scheme and paid out more than $200 million in damages,
Herbalife's products still sell, and the stock price looks healthy.

Key Differences

Ponzi and pyramid schemes are both similar investment frauds perpetrated by
one or more individuals seeking personal gain. They both involve deceiving others by
promising substantial income or returns on an investor's initial investment. But there
are inherent differences between the two.

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One key difference is that pyramid schemes are harder to prove than Ponzi
schemes. They are also better protected because the legal teams
behind corporations are much more powerful than those protecting an individual.
Another thing that sets these two types of schemes apart is that the Ponzi scheme only
requires investors to put up their money in exchange for returns. Pyramid schemes, on
the other hand, require investors to pay a fee or purchase products in order to
participate and earn returns.

What to Do If You Are the Victim of a Scheme

Don't allow yourself to be duped if someone asks you to invest your hard-earned
money with promises of big returns. But if you are enthralled by the idea and there is a
chance that it may be legitimate, get a second opinion. Use a lawyer or certified public
accountant (CPA) to scour the documents for inconsistencies.
But it is equally as important to investigate those who manage investors' money. There
are a number of ways that you can report the perpetrators of Ponzi and pyramid
schemes—or any other type of financial fraud:
 Contact your local law enforcement agency and file a report.
 You can also call the Securities and Exchange Commission (SEC) to ask if there
are open investigations into a money manager or prior instances of fraud.
 Check with the Federal Trade Commission (FTC) by phoning the agency or filing
a complaint online.

What Are the Main Differences Between a Ponzi and Pyramid Scheme?

Ponzi and pyramid schemes are two different types of financial fraud. But there
are key points that make them distinct from one another. Ponzi schemes can be easier
to detect while pyramid schemes can be hidden to make them look legitimate.
Ponzi schemes simply require a cash investment to earn returns. Pyramid schemes, on
the other hand, need you to pay a fee and/or purchase products and services in order
to participate and earn income.

How Do You Tell if You're in a Ponzi Scheme?

There are several warning signs of a Ponzi scheme. First, the investment
manager will promise you substantially higher returns that any traditional investment
with little to no risk. The investment may not be registered and the individual may not
even be licensed by state and federal authorities, which is a requirement. Investment
strategies are often too complicated to understand and you may not receive any
statements. Finally, if you begin missing any of your regular payments, you may be the
victim of a Ponzi scheme.

How Does a Pyramid Scheme Work?

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Pyramid schemes are a form of financial fraud. They can be disguised as

financial opportunities that make them appear legitimate. Pyramid schemes offer big
returns for little investment capital and often promise a way to earn income passively.
They require individuals to pay an entrance fee and/or purchase products/services in
order to participate. These people are then required to bring in more people to the
scheme. People at the top are paid the most, receiving a portion of the money that the
new recruits contribute. Those at the bottom of the pyramid make little to nothing,
especially when no new individuals are recruited.

How Do You Report a Ponzi or Pyramid Scheme?

If you believe that you've been a victim of a Ponzi or pyramid scheme (or any
other form of financial fraud), contact your local authorities. You can also file
complaints with the Securities and Exchange Commission or the Federal Trade
Commission by phone or through their websites.

The Bottom Line

There are two additional important factors to consider: The only guilty party in
the Ponzi and pyramid scheme is the originator of the corrupt business practice, not the
participants (as long as they are unaware of the illegal business practices). Secondly, a
pyramid scheme differs from a multi-level marketing campaign, which offers legitimate
products.

[REPUBLIC ACT NO. 9160]

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled.

SECTION 1. Short Title. — This Act shall be known as the “Anti-Money Laundering Act
of 2001.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
and preserve the integrity and confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for the proceeds of any
unlawful activity. Consistent with its foreign policy, the State shall extend cooperation in
transnational investigations and prosecutions of persons involved in money laundering
activities wherever committed.

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SEC. 3. Definitions. — For purposes of this Act, the following terms are hereby defined
as follows:

(a) “Covered institution” refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);

(2) insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar
entities managing securities or rendering services as investment agent, advisor, or
consultant, (ii) mutual funds, closed-end investment companies, common trust funds,
pre-need companies and other similar entities, (iii) foreign exchange corporations,
money changers, money payment, remittance, and transfer companies and other similar
entities, and (iv) other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects, cash substitutes
and other similar monetary instruments or property supervised or regulated by
Securities and Exchange Commission.

(b) “Covered transaction” is a single, series, or combination of transactions involving a

total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.

It likewise refers to a single, series or combination or pattern of unusually large and

complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.

(c) “Monetary instrument” refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates,

trust certificates, custodial receipts or deposit substitute instruments, trading orders,
transaction tickets and confirmations of sale or investments and money market
instruments; and

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(4) other similar instruments where title thereto passes to another by endorsement,
assignment or delivery.

(d) “Offender” refers to any person who commits a money laundering offense.

(e) “Person” refers to any natural or juridical person.

(f) “Proceeds” refers to an amount derived or realized from an unlawful activity.

(g) “Supervising Authority” refers to the appropriate supervisory or regulatory agency,

department or office supervising or regulating the covered institutions enumerated in
Section 3(a).

(h) “Transaction” refers to any act establishing any right or obligation or giving rise to
any contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.

(i) “Unlawful activity” refers to any act or omission or series or combination thereof
involving or having relation to the following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended;

(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended,
otherwise known as the Dangerous Drugs Act of 1972;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended;

otherwise known as the Anti-Graft and Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No.
1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;

(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

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(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries.

SEC. 4. Money Laundering Offense. — Money laundering is a crime whereby the

proceeds of an unlawful activity are transacted, thereby making them appear to have
originated from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves,
or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.

(c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do
so.

SEC. 5. Jurisdiction of Money Laundering Cases. — The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the
jurisdiction of the Sandiganbayan.

SEC. 6. Prosecution of Money Laundering.

(a) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity as herein defined.

(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing
and other remedies provided.

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SEC. 7. Creation of Anti-Money Laundering Council (AMLC). — The Anti-Money

Laundering Council is hereby created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange Commission as
members. The AMLC shall act unanimously in the discharge of its functions as defined
hereunder:

(1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis of substantial evidence, to be, in whole or
in part, wherever located, representing, involving, or related to, directly or indirectly, in
any manner or by any means, the proceeds of an unlawful activity;

(3) to institute civil forfeiture proceedings and all other remedial proceedings through the
Office of the Solicitor General;

(4) to cause the filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;

(5) to initiate investigations of covered transactions, money laundering activities and

other violations of this Act;

(6) to freeze any monetary instrument or property alleged to be proceeds of any

unlawful activity;

(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;

(8) to receive and take action in respect of, any request from foreign states for
assistance in their own anti-money laundering operations provided in this Act;

(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders; and

(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute
prevention, detection and investigation of money laundering offenses and prosecution of
offenders.

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SEC. 8. Creation of a Secretariat. — The AMLC is hereby authorized to establish a

secretariat to be headed by an Executive Director who shall be appointed by the
Council for a term of five (5) years. He must be a member of the Philippine Bar, at least
thirty-five (35) years of age and of good moral character, unquestionable integrity and
known probity. All members of the Secretariat must have served for at least five (5)
years either in the Insurance Commission, the Securities and Exchange Commission or
the Bangko Sentral ng Pilipinas (BSP) and shall hold full-time permanent positions
within the BSP.

SEC. 9. Prevention of Money Laundering; Customer Identification Requirements and

Record Keeping. — (a) Customer Identification. — Covered institutions shall establish
and record the true identity of its clients based on official documents. They shall
maintain a system of verifying the true identity of their clients and, in case of corporate
clients, require a system of verifying their legal existence and organizational structure,
as well as the authority and identification of all persons purporting to act on their behalf.

The provisions of existing laws to the contrary notwithstanding, anonymous accounts,

accounts under fictitious names, and all other similar accounts shall be absolutely
prohibited. Peso and foreign currency non-checking numbered accounts shall be
allowed. The BSP may conduct annual testing solely limited to the determination of the
existence and true identity of the owners of such accounts.

(b) Record Keeping. — All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the dates of transactions. With
respect to closed accounts, the records on customer identification, account files and
business correspondence, shall be preserved and safely stored for at least five (5)
years from the dates when they were closed.

(c) Reporting of Covered Transactions. — Covered institutions shall report to the AMLC
all covered transactions within five (5) working days from occurrence thereof, unless the
Supervising Authority concerned prescribes a longer period not exceeding ten (10)
working days.

When reporting covered transactions to the AMLC, covered institutions and their
officers, employees, representatives, agents, advisors, consultants or associates shall
not be deemed to have violated Republic Act No. 1405, as amended; Republic Act No.
6426, as amended; Republic Act No. 8791 and other similar laws, but are prohibited
from communicating, directly or indirectly, in any manner or by any means, to any
person the fact that a covered transaction report was made, the contents thereof, or any
other information in relation thereto. In case of violation thereof, the concerned officer,
employee, representative, agent, advisor, consultant or associate of the covered
institution, shall be criminally liable. However, no administrative, criminal or civil
proceedings, shall lie against any person for having made a covered transaction report
in the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.

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When reporting covered transactions to the AMLC, covered institutions and their
officers, employees, representatives, agents, advisors, consultants or associates are
prohibited from communicating, directly or indirectly, in any manner or by any means, to
any person, entity, the media, the fact that a covered transaction report was made, the
contents thereof, or any other information in relation thereto. Neither may such reporting
be published or aired in any manner or form by the mass media, electronic mail, or
other similar devices. In case of violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the covered institution, or
media shall be held criminally liable.

SEC. 10. Authority to Freeze. — Upon determination that probable cause exists that
any deposit or similar account is in any way related to an unlawful activity, the AMLC
may issue a freeze order, which shall be effective immediately, on the account for a
period not exceeding fifteen (15) days. Notice to the depositor that his account has been
frozen shall be issued simultaneously with the issuance of the freeze order. The
depositor shall have seventy-two (72) hours upon receipt of the notice to explain why
the freeze order should be lifted. The AMLC has seventy-two (72) hours to dispose of
the depositor’s explanation. If it fails to act within seventy-two (72) hours from receipt of
the depositor’s explanation, the freeze order shall automatically be dissolved. The
fifteen (15)-day freeze order of the AMLC may be extended upon order of the court,
provided that the fifteen (15)-day period shall be tolled pending the court’s decision to
extend the period.

No court shall issue a temporary restraining order or writ of injunction against any freeze
order issued by the AMLC except the Court of Appeals or the Supreme Court.

SEC. 11. Authority to Inquire into Bank Deposits. — Notwithstanding the provisions of
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act
No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit
or investment with any banking institution or non-bank financial institution upon order of
any competent court in cases of violation of this Act when it has been established that
there is probable cause that the deposits or investments involved are in any way related
to a money laundering offense: Provided, That this provision shall not apply to deposits
and investments made prior to the effectivity of this Act.

SEC. 12. Forfeiture Provisions.

(a) Civil Forfeiture. — When there is a covered transaction report made, and the court
has, in a petition filed for the purpose ordered seizure of any monetary instrument or
property, in whole or in part, directly or indirectly, related to said report, the Revised
Rules of Court on civil forfeiture shall apply.

(b) Claim on Forfeiture Assets. — Where the court has issued an order of forfeiture of
the monetary instrument or property in a criminal prosecution for any money laundering
offense defined under Section 4 of this Act, the offender or any other person claiming an
interest therein may apply, by verified petition, for a declaration that the same

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legitimately belongs to him and for segregation or exclusion of the monetary instrument
or property corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of conviction and order of forfeiture, within fifteen (15)
days from the date of the order of forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and criminal
forfeiture.

(c) Payment in Lieu of Forfeiture. — Where the court has issued an order of forfeiture of
the monetary instrument or property subject of a money laundering offense defined
under Section 4, and said order cannot be enforced because any particular monetary
instrument or property cannot, with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value or otherwise rendered worthless by
any act or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted or otherwise transferred to prevent the same from being
found or to avoid forfeiture thereof, or it is located outside the Philippines or has been
placed or brought outside the jurisdiction of the court, or it has been commingled with
other monetary instruments or property belonging to either the offender himself or a
third person or entity, thereby rendering the same difficult to identify or be segregated
for purposes of forfeiture, the court may, instead of enforcing the order of forfeiture of
the monetary instrument or property or part thereof or interest therein, accordingly order
the convicted offender to pay an amount equal to the value of said monetary instrument
or property. This provision shall apply in both civil and criminal forfeiture.

SEC. 13. Mutual Assistance among States.

(a) Request for Assistance from a Foreign State. — Where a foreign State makes a
request for assistance in the investigation or prosecution of a money laundering offense,
the AMLC may execute the request or refuse to execute the same and inform the
foreign State of any valid reason for not executing the request or for delaying the
execution thereof. The principles of mutuality and reciprocity shall, for this purpose, be
at all times recognized.

(b) Powers of the AMLC to Act on a Request for Assistance from a Foreign State. —
The AMLC may execute a request for assistance from a foreign State by: (1) tracking
down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful
activity under the procedures laid down in this Act; (2) giving information needed by the
foreign State within the procedures laid down in this Act; and (3) applying for an order of
forfeiture of any monetary instrument or property in the court: Provided, That the court
shall not issue such an order unless the application is accompanied by an authenticated
copy of the order of a court in the requesting State ordering the forfeiture of said
monetary instrument or property of a person who has been convicted of a money
laundering offense in the requesting State, and a certification or an affidavit of a
competent officer of the requesting State stating that the conviction and the order of
forfeiture are final and that no further appeal lies in respect of either.

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(c) Obtaining Assistance from Foreign States. — The AMLC may make a request to any
foreign State for assistance in (1) tracking down, freezing, restraining and seizing assets
alleged to be proceeds of any unlawful activity; (2) obtaining information that it needs
relating to any covered transaction, money laundering offense or any other matter
directly or indirectly related thereto; (3) to the extent allowed by the law of the foreign
State, applying with the proper court therein for an order to enter any premises
belonging to or in the possession or control of, any or all of the persons named in said
request, and/or search any or all such persons named therein and/or remove any
document, material or object named in said request: Provided, That the documents
accompanying the request in support of the application have been duly authenticated in
accordance with the applicable law or regulation of the foreign State; and (4) applying
for an order of forfeiture of any monetary instrument or property in the proper court in
the foreign State: Provided, That the request is accompanied by an authenticated copy
of the order of the regional trial court ordering the forfeiture of said monetary instrument
or property of a convicted offender and an affidavit of the clerk of court stating that the
conviction and the order of forfeiture are final and that no further appeal lies in respect
of either.

(d) Limitations on Request for Mutual Assistance. — The AMLC may refuse to comply
with any request for assistance where the action sought by the request contravenes any
provision of the Constitution or the execution of a request is likely to prejudice the
national interest of the Philippines unless there is a treaty between the Philippines and
the requesting State relating to the provision of assistance in relation to money
laundering offenses.

(e) Requirements for Requests for Mutual Assistance from Foreign States. — A request
for mutual assistance from a foreign State must (1) confirm that an investigation or
prosecution is being conducted in respect of a money launderer named therein or that
he has been convicted of any money laundering offense; (2) state the grounds on which
any person is being investigated or prosecuted for money laundering or the details of
his conviction; (3) give sufficient particulars as to the identity of said person; (4) give
particulars sufficient to identify any covered institution believed to have any information,
document, material or object which may be of assistance to the investigation or
prosecution; (5) ask from the covered institution concerned any information, document,
material or object which may be of assistance to the investigation or prosecution; (6)
specify the manner in which and to whom said information, document, material or object
obtained pursuant to said request, is to be produced; (7) give all the particulars
necessary for the issuance by the court in the requested State of the writs, orders or
processes needed by the requesting State; and (8) contain such other information as
may assist in the execution of the request.

(f) Authentication of Documents. — For purposes of this Section, a document is

authenticated if the same is signed or certified by a judge, magistrate or equivalent
officer in or of, the requesting State, and authenticated by the oath or affirmation of a
witness or sealed with an official or public seal of a minister, secretary of State, or
officer in or of, the government of the requesting State, or of the person administering

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the government or a department of the requesting territory, protectorate or colony. The

certificate of authentication may also be made by a secretary of the embassy or
legation, consul general, consul, vice consul, consular agent or any officer in the foreign
service of the Philippines stationed in the foreign State in which the record is kept, and
authenticated by the seal of his office.

(g) Extradition. — The Philippines shall negotiate for the inclusion of money laundering
offenses as herein defined among extraditable offenses in all future treaties.

SEC. 14. Penal Provisions. — (a) Penalties for the Crime of Money Laundering. The
penalty of imprisonment ranging from seven (7) to fourteen (14) years and a fine of not
less than Three million Philippine pesos (Php3,000,000.00) but not more than twice the
value of the monetary instrument or property involved in the offense, shall be imposed
upon a person convicted under Section 4(a) of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than
One million five hundred thousand Philippine pesos (Php1,500,000.00) but not more
than Three million Philippine pesos (Php3,000,000.00), shall be imposed upon a person
convicted under Section 4(b) of this Act.

The penalty of imprisonment from six (6) months to four (4) years or a fine of not less
than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), or both, shall be imposed on a
person convicted under Section 4(c) of this Act.

(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine
pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of
this Act.

(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a
completely unwarranted or false information relative to money laundering transaction
against any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), at the discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.

If the offender is a corporation, association, partnership or any juridical person, the

penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings after serving the
penalties herein prescribed. If the offender is a public official or employee, he shall, in

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addition to the penalties prescribed herein, suffer perpetual or temporary absolute

disqualification from office, as the case may be.

Any public official or employee who is called upon to testify and refuses to do the same
or purposely fails to testify shall suffer the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to
eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00),
shall be imposed on a person convicted for a violation under Section 9(c).

SEC. 15. System of Incentives and Rewards. — A system of special incentives and
rewards is hereby established to be given to the appropriate government agency and its
personnel that led and initiated an investigation, prosecution and conviction of persons
involved in the offense penalized in Section 4 of this Act.

SEC. 16. Prohibitions Against Political Harassment. — This Act shall not be used for
political persecution or harassment or as an instrument to hamper competition in trade
and commerce.

No case for money laundering may be filed against and no assets shall be frozen,
attached or forfeited to the prejudice of a candidate for an electoral office during an
election period.

SEC. 17. Restitution. — Restitution for any aggrieved party shall be governed by the
provisions of the New Civil Code.

SEC. 18. Implementing Rules and Regulations. — Within thirty (30) days from the
effectivity of this Act, the Bangko Sentral ng Pilipinas, the Insurance Commission and
the Securities and Exchange Commission shall promulgate the rules and regulations to
implement effectively the provisions of this Act. Said rules and regulations shall be
submitted to the Congressional Oversight Committee for approval.

Covered institutions shall formulate their respective money laundering prevention

programs in accordance with this Act including, but not limited to, information
dissemination on money laundering activities and its prevention, detection and
reporting, and the training of responsible officers and personnel of covered institutions.

SEC. 19. Congressional Oversight Committee. — There is hereby created a

Congressional Oversight Committee composed of seven (7) members from the Senate
and seven (7) members from the House of Representatives. The members from the
Senate shall be appointed by the Senate President based on the proportional
representation of the parties or coalitions therein with at least two (2) Senators
representing the minority. The members from the House of Representatives shall be
appointed by the Speaker also based on proportional representation of the parties or
coalitions therein with at least two (2) members representing the minority.

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The Oversight Committee shall have the power to promulgate its own rules, to oversee
the implementation of this Act, and to review or revise the implementing rules issued by
the Anti-Money Laundering Council within thirty (30) days from the promulgation of the
said rules.

SEC. 20. Appropriations Clause. — The AMLC shall be provided with an initial
appropriation of Twenty-five million Philippine pesos (Php25,000,000.00) to be drawn
from the national government. Appropriations for the succeeding years shall be included
in the General Appropriations Act.

SEC. 21. Separability Clause. — If any provision or section of this Act or the application
thereof to any person or circumstance is held to be invalid, the other provisions or
sections of this Act, and the application of such provision or section to other persons or
circumstances, shall not be affected thereby.

SEC. 22. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations or parts thereof, including the relevant provisions of Republic Act No. 1405,
as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, as amended
and other similar laws, as are inconsistent with this Act, are hereby repealed, amended
or modified accordingly.

SEC. 23. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

The provisions of this Act shall not apply to deposits and investments made prior to its
effectivity.

Approved,

(Sgd.) JOSE DE VENECIA JR.

(Sgd.) FRANKLIN M. DRILON
Speaker of the House
President of the Senate
of Representatives

This Act which is a consolidation of House Bill No. 3083 and Senate Bill No. 1745 was
finally passed by the House of Representatives and the Senate on September 29, 2001.

(Sgd.) ROBERTO P. NAZARENO

(Sgd.) OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives

Approved: SEP 29 2001

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(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

POLICE INVESTIGATION REPORT WRITING

Pre-assessment

4. Why it is important to make a report?

5. What are the qualities of a good report?
6. What are the types of police report?
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Learning Outcomes:
Learn and understand the different types of police report;
Learn and understand the purpose of police report writing;
Enumerate and explain each type of report; and
Understand the ABC of report writing.

Introduction

A report is defined as a story of action performed by men. In investigative report

writing a police report is a chronological or step by step account of an incident that took
place at a given time. A police report is an exact narration of facts discovered in the
course of an investigation which serves as a permanent written record for present and
future use. Traditionally, police report is a narrative you have to write after completing
an investigation. But actually, reports come in different forms. Generally, they refer to
any documentation recorded on a departmental form, or other approved medium and
maintained as a permanent record.

Uses and Purposes of Reports

Police reports are written at the scene of many events and as and as result, used
for a wide variety of reasons. To wit;
Criminal Investigations
Newspaper and the Media
Reference Materials
Statistical Materials
Documentation
Officer’s Evaluation
Statistical Reporting

Two General Types of Police Reports:

Basic or Informal Report

This account deals with the ordinary, miscellaneous, usual, memorandum, letter,
or form accomplished by any member of a unit, section, bureau or division within a
department in accordance with the prescribed regulation. Usually this report contains
the following:

The heading or the letterhead of the organization, office or section where the
write is assigned.
The person or office to whom it is addressed or submitted.
The text proper.

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The name of the writer or the source of the report.

Investigative or Formal Report

This covers an exact and exhaustive narration of facts. This report may be
classified as Initial or Advance Report Progress or Follow-up Report and Final or
Closing Report.

A. Initial or Advance Report

It is an advance account regarding a new case assigned to an
investigator. It is written and submitted without delay after having conducted the
initial investigation of the case.

B. Progress or Follow-up Report

It contains the result of the follow-up investigation of a recent case. It is
accomplished whenever any development relevant to the case is discovered. It
serves as a gauge or yardstick for the detective’s efficiency.

C. Final or Closing Report

It is a comprehensive narration of facts and details based on a thorough
inquiry of the case by the detective who initially started the investigation covering
all the facts and circumstances surrounding the case. It forms a clear picture of
the crime committed in the minds of the readers for prosecutorial and judicial
actions. This final or closing report is undertaken whenever the case is solved
and considered as closed, signifying that the offender has been arrested, the
evidence him is complete to warrant prosecution, and witnesses are located to
testify for trial.

Qualities of a Good Report

All police reports must contain certain qualities which can be categorized as
follows:

Accuracy
Precision is one of the essential qualities of report writing. Literally, it means in
exact conformity to the facts and free from errors. Being accurate is being exact. All
facts must be objectively verified. The identification of facts is imperative to establish the
corpus delicti or body of the crime in your report. You must restrict your report to the
facts of the incident as you saw them or as the victims and witnesses perceived and
reported to you. You must accurately report the conditions of the scene as you have
found them.
An investigator is a fact finder. Therefore, all the contents of the report must be
based on facts- facts which are collected and known through the use of all his five
senses. Consequently, the marshalls of investigation as to who, what, when, where,
why and how must be satisfied.

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Brevity
It refers to the conciseness of expression. It is also a means of checking the
development of your own ideas and the accuracy of your expression. It also means
saying much in fewer words as possible. Conciseness relates to the elimination of
unnecessary words. Suggestion to help you write concise reports include using active
passive voice, avoiding wordiness, eliminating unnecessary prepositional phrases, and
using ordinary and commonly understood words. Most sentences in police reports are
12 to 15 words.

Clarity
It means plain, precision and clearness. The format and language used in police
reports must be simple and direct as possible.
In addition to the ABC of investigative report writing, the following must be
considered to create a good police report.
The report should be factual. It may be considered factual when all the details
and information are based on the five senses of man. The simplest words constructed in
declarative and short sentences using the third person are all that is necessary. The
report must be complete. It must contain all the facts and essential information revealed
during the investigation.
The report should be specific. Police report should be specific. It must be
specific, detailed, definite and particular.
The report should be fair and objective. The report must show all the angles and
sides of the event. Emotion, opinion, and personal prejudiced should always be
avoided.
The report should be up-to-date. The report must be submitted on time without
delay and should contain current details.

Types of Report Writing

Investigative Report

Progress Report
Follow-up effect; it can be simply an accomplishment report

Spot Report or Special Report

Done after an incident took place in a certain area. It must be done or acted upon
within twenty- four (24) hours

Beat inspection/After Patrol report

Practiced written communication in station level.

Situation Report
Done on a need basis, the commander has to know the actual situation of a
particular incident which can be a public interest.

Formal Report

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Usually contains the following: introduction, summary, body, conclusion and

recommendation.

Arrest Report
They are used to document the events that transpired in the apprehension of a
person under police custody

Clearance Report
They are used to keep a record of the disposition of a particular criminal case.

Crime Report
Also known as fact sheets which includes suspect’s description, corpus delicti,
results of the preliminary investigation and modus operandi.

Daily Activity Report

A typical log which includes operation, location, amount of time spent and brief
dispositions.

Evidence Report
Refers to the documentation of the collection and preservation of evidence as
well as the participants in the chain of custody of the evidence.

Incident Report
Pertains to an account of the events not amounting to crimes but caught the
attention of the police assigned in a particular jurisdiction such as calls for service.

Police Blotter
Each PNP operating unit shall maintain an official police blotter where all types of
operational and undercover dispatches shall be recorded containing the five W’s and
one H of information.
A police blotter refers to the record of daily events occurring with the area of
responsibility/territory/jurisdiction of a given police command or unit. It contains material
facts and details concerning the event for legal and statistical purpose. It is an
informational record book that is useful for investigation, evidentiary or referral
purposes.
The police blotter shall be a record book bound with hard covers with prescribed
size of 12 x 16 inches. The front cover shall bear the name or designation of the Police
Force and the specific district/station together with the designation of the particular
police unit or sub-station, the volume or book number, the series number and the period
cover.

Contents of Police Blotter

b. Entries in the police blotter should answer the five (5) Ws and one (1) H
along with the disposition of the case.

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c. In answering the cardinals of investigation and the case disposition, all

such material details pertaining to the event, including the names of the suspect/s;
the victim/s; the witness/es; if any; the nature of the offense or action; the possible
motive; the place; the date; and the time of occurrence; significant circumstances
surrounding the case; the case; the identity of the officer to whom the case is
assigned; and the status of the case.
d. The following transactions or incidents are entered in the police blotter:
1. Violations of ordinances and laws reported and/or discovered.
2. All calls in which any member of the PNP is dispatched or takes official
action.
3. All fire alarms, reports and information received by stations.
4. Movement of detention prisoners with corresponding notations on the
authority for such movement.
5. Vehicular and other types of incidents which require police action.
6. All injuries, bodies discovered and suicides.
7. Damage to property.
8. All cases to which a member of the PNP is involved.
9. All arrests and returns made.
10. Miscellaneous cases, general and special orders, violations of the
rules and regulations, and any other reportable incident that the
substation/station commander or higher authorities requires to be
recorded.

Procedures in Writing Police Blotter

1. All entries in the police blotter shall be handwritten in a clear, concise and simple
manner.
2. Only facts not opinions are entered into the police blotter.
3. No erasures shall be made in the entries. Corrections are made by drawing one
horizontal line over such word or phrases and the actual entry initiated by the
police officer making the correction.
4. A pen with a black or blue ink is used in writing the entries.
5. Falsification in the blotter or any attempt to suppress any information therein is
criminally and administratively punishable.
6. The entries must be legibly written in long hand and consequently numbered.
7. Every page of the blotter shall be uninterruptedly and chronologically filled-up. No
line or space shall be left blank between two entries.
8. Any development of the case to be reflected in the blotter should be a new entry
at the time and day it was reported. A reference to the previous entry number of
the case shall be made.
9. In every shift, the duty sergeant, under the supervision of the duty officer or
complainant desk officer, shall make the actual entries in the blotter and at the
end of his tour of duty, they shall sign the blotter.

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Republic of the Philippines

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
KORONADAL CITY POLICE STATION
CRIMINAL INVESTIGATION SECTION
City of Koronadal

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MEMORANDUM

FOR : Provincial Director

(Attn: Chief, PIDMB)

FROM : Chief of Police

SUBJECT : SPOT REPORT

Re: THEFT INCIDENT

DATE : May 12, 2018

KCPSINV -05-12- 2018-196

1. Reference: KCPS Police Blotter No______ Series 2018

2. TDPO: Discovered at around 11:55 in the morning of May 12, 2018at

Atty. Flores boarding house situated at Park Ramos, Brgy. Sta. Cruz, Koronadal
City.

VICTIM: GWEN CABANG DUGA-DUGA, 23 y/o,

s i n g l e , Branch manager of Dalton pawnshop
Alunan Avenue, Brgy. Zone II, Koronadal City and a
resident of Park Centro, Brgy. San Jose, Koronadal City.

STOLEN ITEMS: ASSORTED BRANDED CLOTHING worth more or less

Eight thousand pesos (P8,000.00).

SUSPECT: PRINCE KHYLER LANGAIG,27 years old, single and

a resident of Lutayan, Sultan Kudarat.
3. FACTS OF THE CASE:

That on or about 2:40 in the afternoon of this date, cellphone

call received by this station coming from the above-named victim to report the
above-captioned case. Investigation disclosed that at around 7:30 in the
morning of this date, above-named victim left her rented room to her newly
board mate identified as Prince Khyler Langaig and went to her work at Dalton
pawnshop. However, at a r o u n d 1 1 : 5 5 i n t h e m o r n i n g o f s a m e d a t e ,
o n e o f t h e v i c t i m s ’ b o a r d m a t e identified as Rosalie Terana Pastolero
informed her that her belongings inside her rented room were scattered on
the floor. Then and there, above-named victim immediately returned home.
Arriving at her boarding house, she discovered that some of her branded
cloths were missing. Above-named victim immediately locates her
board mate Prince Khyler Langaig but she could not find anymore. She also

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checks the room of her board mate however all belongings of the latter
were no longer inside his rented room and believed to be absconded with
the above-mentioned stolen items. Motive of the said incident is for personal
gained.

4. ACTION TAKEN: C a s e o f t h e f t i s n o w b e i n g r e a d i e d a g a i n s t t h e
above-named suspect thru regular filing in court.

5. REMARKS: F o r I n f o , S P O 1 V I N C E N T C O R P U Z C A B A R L O ,
Investigator on Case (IOC) with CP No. 09497069194.

6. Progress Report to follow.

RONALD
ALLAN ADORNADO PEÑAVERDE
Police Superintendent

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Activity No. 8

Name:___________________________________________Date:_________________
1. State the importance of report writing.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
________________________________________________.

2. Differentiate informal from formal report.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________________________________________________________.

References:

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Garcia, (2020). Special crimes Investigation w/ Simulation on Interview and

Interrogation. Wiseman’s Books Trading, Inc. , Barreda, (2020). Special crimes
Investigation 2 w/ Simulation on Interview and Interrogation. Wiseman’s Books Trading,
Inc

Philippine National Police Operational procedure, PNP Manual (2020)

https://www.officialgazette.gov.ph/constitutions/1987-constitution/

http://rhrc.armm.gov.ph/publications/rights-person-under-custodial-investigation-
karapatan-ng-isang-taong-inaresto-o-mga

http://www.amlc.gov.ph/laws/money-laundering/2015-10-16-02-50-56/republic-act-9160

https://www.investopedia.com/ask/answers/09/ponzi-vs-pyramid.asp

https://lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html

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